36Matters to be considered in determining whether to make HRO order

### 36 Matters to be considered in determining whether to make HRO order > > (1)  The safety of the community must be the paramount consideration of the Supreme Court in determining whether or not to make an HRO order in relation to an offender. > > > (2)  In determining whether or not to make an HRO order in relation to an offender, the Supreme Court must have regard to the following matters: > > > > > > (a) the reports, if any, provided to the Court in accordance with an order under [section 34(2)](#GS34@Gs2@EN) ; > > > > > > > (b) the report, provided to the Court, of any other assessment prepared by a psychiatrist, psychologist or medical practitioner as to – > > > > > > > > > > (i) the likelihood of the offender committing a further serious offence; and > > > > > > > > > > > (ii) the willingness of the offender to participate in any such assessment; and > > > > > > > > > > > (iii) the level of the offender’s participation in the assessment; > > > > > > > (c) any report, provided to the Court, that is prepared by DCS as to the extent to which the offender can reasonably and practicably be managed in the community; > > > > > > > (d) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, the willingness of the offender to participate in any such programs and the level of the offender’s participation in any such programs; > > > > > > > (e) if the offender is a dangerous criminal, the options, if any, that are available and that might reduce the likelihood of the offender re-offending, if the offender is not kept in custody; > > > > > > > (f) the likelihood that the offender will comply with the terms and conditions of an HRO order; > > > > > > > (g) the level of the offender’s compliance with any obligations or conditions to which the offender is, or has been, subject while on release on parole, while subject to an HRO order, or under the [Community Protection (Offender Reporting) Act 2005](/view/html/inforce/2026-04-12/act-2005-061) ; > > > > > > > (h) the offender’s criminal history, including prior convictions and findings of guilt in respect of offences committed in the State or elsewhere, and any pattern in the committing of offences indicated by that history; > > > > > > > (ha) [*\[Section 36 Subsection (2) amended by No. 21 of 2022, s. 22, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS22@EN) any serial family violence declaration under [section 29A of the](/view/html/inforce/2026-04-12/act-2004-067#GS29A@EN) [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) that is in force in relation to the offender; > > > > > > > (i) the comments made by the sentencing court in passing any sentence imposed on the offender in relation to a serious offence; > > > > > > > (j) any evidence that is adduced under [section 34(6)](#GS34@Gs6@EN) or that is presented at a hearing under [section 34](#GS34@EN) in relation to the application; > > > > > > > (k) any other information that is available to the Supreme Court as to the likelihood that the offender will commit a further serious offence. > > > (3)  In determining whether or not to make an HRO order in relation to an offender, the Supreme Court may also take into consideration any other matter it considers relevant.