sec.5Attorney-General may apply for orders

### sec.5 Attorney-General may apply for orders The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner. The application must— state the orders sought; and be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and be made during the last 6 months of the prisoner’s period of imprisonment. On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing ( preliminary hearing ) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order. The return date for the preliminary hearing must be within 28 business days after the filing. A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing. In this section— parole order means— a parole order under the Corrective Services Act 2006 ; or a statutory parole order under the Youth Justice Act 1992 . period of imprisonment includes— a period of detention mentioned in the definition prisoner , paragraph (b) ; and a term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) . prison see the Corrective Services Act 2006 , schedule 4 . prisoner — means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and includes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and includes a person who— was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and includes a person who— was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and is being kept in a prison during the suspension period. s 5 amd 2005 No. 70 s 62 ; 2020 No. 15 s 62 ; 2024 No. 54 s 60 sch 1 (sec.5-ssec.1) The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner. (sec.5-ssec.2) The application must— state the orders sought; and be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and be made during the last 6 months of the prisoner’s period of imprisonment. (sec.5-ssec.3) On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing ( preliminary hearing ) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order. (sec.5-ssec.4) The return date for the preliminary hearing must be within 28 business days after the filing. (sec.5-ssec.5) A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing. (sec.5-ssec.6) In this section— parole order means— a parole order under the Corrective Services Act 2006 ; or a statutory parole order under the Youth Justice Act 1992 . period of imprisonment includes— a period of detention mentioned in the definition prisoner , paragraph (b) ; and a term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) . prison see the Corrective Services Act 2006 , schedule 4 . prisoner — means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and includes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and includes a person who— was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and includes a person who— was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and is being kept in a prison during the suspension period. - (a) state the orders sought; and - (b) be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and - (c) be made during the last 6 months of the prisoner’s period of imprisonment. - (a) a parole order under the Corrective Services Act 2006 ; or - (b) a statutory parole order under the Youth Justice Act 1992 . - (a) a period of detention mentioned in the definition prisoner , paragraph (b) ; and - (b) a term of imprisonment a person is liable to serve as mentioned in the definition prisoner , paragraph (c) (iii) ; and - (c) a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition prisoner , paragraph (d) (iii) . - (a) means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and - (b) includes a person who, as mentioned in the Youth Justice Act 1992 , section 135 (7) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and - (c) includes a person who— (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and - (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and - (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and - (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and - (d) includes a person who— (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and (iii) is being kept in a prison during the suspension period. - (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and - (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and - (iii) is being kept in a prison during the suspension period. - (i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and - (ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and - (iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and - (i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and - (ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and - (iii) is being kept in a prison during the suspension period.