Serious Sex Offenders Act 2013

Qualifying offender (section 22) is the gateway to the Act’s application. A person is a qualifying offender if they have been convicted of a serious sex offence and either are under sentence of imprisonment for that offence or meet the extended definition in subsection (4): they have served that sentence but remain in custody for another offence or for any other reason (other than under a continuing detention order) and have not, at any time since commencing to serve the serious sex offence sentence, ceased to be under sentence or in custody. This captures offenders who move from one period of custody to another without an intervening period of release. It is immaterial when the serious sex offence was committed or when the person was charged or convicted (section 22(5)). For persons under 18, references to imprisonment and custody include detention under the Youth Justice Act 2005 (section 22(6)).

Serious danger to the community (section 6) is the central finding that must be made before any order can be made or continued. A person is a serious danger if there is an unacceptable risk they will commit a serious sex offence unless they are in custody or subject to a supervision order. In deciding this, the court must have regard to: the likelihood of the person committing another serious sex offence; the impact of such offences on victims, their families, and the community generally; and the need to protect people from those impacts (section 6(2)). The standard of proof is a high degree of probability, and the court must be satisfied there is acceptable and cogent evidence of sufficient weight (section 7(1)). The Attorney-General bears the onus (section 7(2)).

Continuing detention order (section 8) is an order that the person be detained in custody. It may be final (indefinite detention made on determination of a proceeding) or interim (pending final determination). It has effect as a warrant committing the person into custody, and if the person is not already in custody, it also operates as a warrant for arrest (section 8(3)-(4)). A final continuing detention order remains in force until revoked (section 10(2)). An interim order cannot exceed six months total in relation to a particular proceeding unless there are exceptional circumstances (section 11(3)).

Supervision order (section 13) requires the supervisee to comply with requirements included under sections 18 (compulsory) and 19 (optional). A final supervision order must have a stated duration of at least five years from when it comes into force (section 13(2)(a); section 17). An interim supervision order applies pending determination of a proceeding. A supervision order comes into force when the person ceases to be a qualifying offender (section 16(1)). The court must include compulsory requirements: not to commit a serious sex offence or an offence of a sexual nature; to report to and receive visits from a probation and parole officer; to provide information about residence and employment; not to leave the Territory without permission; and to comply with directions (section 18). The court may also include any other appropriate optional requirements (section 19). Probation and parole officers may give directions about matters including residence, movement, association, employment, alcohol and drug use, rehabilitation participation, and wearing an approved monitoring device (section 20). Directions cannot be directly inconsistent with a requirement in the order (section 20(3)).

Medical assessment order (section 79) requires the person to submit to examination by one or two medical experts (psychiatrists or prescribed health practitioners). The expert must prepare a medical report setting out their opinion on the risk of the person committing another serious sex offence if not detained or supervised, reasons, and the extent of the person’s cooperation (section 79(5)). The report is admissible and must be tendered by the Attorney-General (section 82).

Victim submissions (sections 83-87) allow registered victims to provide written views on matters including the impact of the offending, whether the offender is a serious danger, and what order should be made. Submissions that are not consented to for disclosure to the offender cannot be disclosed to the offender, but the court may have regard to them and may disclose the substance if it could not reasonably lead to identification (section 86).

Supervision reports (sections 88-89) are prepared by the Commissioner of Correctional Services, giving an opinion on whether it would be reasonably practicable to manage and supervise the person under a supervision order under section 63, and any requirements that ought to be included.

The Act directly affects three categories of persons: qualifying offenders, detainees, and supervisees. Qualifying offenders are those who have been convicted of a serious sex offence and are still under sentence or continue in custody without any break in custody (section 22). They are the persons against whom the Attorney-General may apply for a final continuing detention order or final supervision order under section 23, provided they are due to cease being a qualifying offender within 12 months and will be over 18 at that time (section 23(2)). A qualifying offender who is subject to a parole order may have that order suspended or revoked by the Supreme Court under sections 28 and 31. They cannot be granted a parole order while an application is pending (section 29). Detainees are persons subject to a continuing detention order (section 4 definition). They are held in custody indefinitely (if the order is final) or pending determination of a proceeding (if interim). A detainee cannot be granted bail under the Bail Act 1982 (section 12(1)), nor can a parole order be made for them (section 12(2)). They may apply for review of a continuing detention order under section 66 if it has been in force for at least two years and the Supreme Court grants leave on exceptional circumstances. They may also apply for revocation under section 74, again requiring leave on exceptional circumstances. Supervisees are persons subject to a supervision order (section 4 definition). They must comply with all compulsory and optional requirements in the order and with any directions from a probation and parole officer (sections 18-20). They face criminal liability for contravening the order (section 46) and may be arrested and brought before the Supreme Court on suspicion of contravention (Part 5, Division 2). They may apply for amendment of the order (section 40) or revocation (section 74), but in both cases the court may require leave on exceptional circumstances for revocation. The Act also significantly affects victims of serious sex offences. The Director of the CVSU (Crime Victims Service Unit) must seek victim submissions from registered persons on the Victims Register at multiple stages: when a preliminary hearing date is set (section 26), when extension or amendment applications are made (sections 34, 41), when a supervisee is arrested or summonsed for contravention (section 55), when a continuing detention order is reviewed (section 68), and when revocation is sought (section 75). Victims may set out their views on the impact of the offending, the risk the offender poses, and the appropriate order (section 84). Their submissions are admissible and must be tendered, but can be kept confidential from the offender (section 86). The broader legal community affected includes the Attorney-General (who makes applications, has disclosure duties, and appears as a party), the Commissioner of Correctional Services (who must supervise supervisees appropriately, prepare supervision reports, and provide information under section 109), probation and parole officers (who give directions and monitor compliance), medical experts (who conduct assessments), and the Supreme Court and Court of Appeal (which hear all proceedings under the Act). The Commissioner of Police is also involved in the enforcement machinery via warrants and the application of section 123 of the Police Administration Act 1978 to the offence under section 46.

Duties of the Attorney-General. The Attorney-General bears the primary responsibility for initiating proceedings. Under section 23, the Attorney-General may apply for a final order, but cannot do so unless the qualifying offender is due to cease being a qualifying offender within 12 months and will be over 18 at that time. The Attorney-General must notify the Director of the CVSU and the Commissioner of Correctional Services when a hearing date is set, triggering victim submission and supervision report processes (sections 26, 27, 34, 35, 41, 42, 55, 56, 68, 69, 75). The Attorney-General must disclose all relevant material to the person the subject of proceedings, with the same duty as the prosecution in a criminal proceeding (section 96). The Attorney-General must tender in evidence any medical report (section 82) and any victim submission (section 85). On a contravention allegation, the Attorney-General must ensure an arrested supervisee is brought before the Supreme Court as soon as practicable (section 51(2)). For final continuing detention orders, the Attorney-General must apply for review at least every two years (or shorter period if stated in the order) under section 65. The Attorney-General has the onus of proof on the issue of serious danger (section 7(2)) and on the appropriateness of making, extending, or confirming an order (sections 32, 39, 45, 60, 72, 78).

Duties of the Commissioner of Correctional Services. The Commissioner must ensure that a supervisee is managed and supervised by probation and parole officers in a way that is appropriate, with the paramount consideration being protection of victims and the community, and secondary consideration being rehabilitation (section 63). The Commissioner must prepare supervision reports when required (section 88), give all relevant information to medical experts (section 80), provide information to the Attorney-General upon request (section 109), and make guidelines for authorised disclosures under section 112A.

Duties and rights of the supervisee. A supervisee must comply with all compulsory requirements (section 18): not commit a serious sex offence or offence of a sexual nature; report to a probation and parole officer as directed; receive visits and accept communications as directed; provide information about residence and employment; not leave or stay out of the Territory without permission; and comply with directions (except those about matters stated in the order under section 18(2)). They must also comply with any directions given under section 20, which can cover residence, movement, association, employment, alcohol and drug use, rehabilitation, monitoring devices, and other matters. A supervisee has a defence of reasonable excuse to a prosecution for contravening the order (section 46(2)). They may apply to the Supreme Court to amend the supervision order under section 40, and to revoke the order under section 74, though revocation requires leave on exceptional circumstances. They may appeal a decision against them under section 102. If arrested for an alleged contravention, they may apply for release on exceptional circumstances (section 53). They are entitled to receive a copy of any medical report about them before the end of the next business day after the Attorney-General receives it (section 81).

Rights of victims. Victims registered on the Victims Register have the right to be notified of significant proceedings and to make a written submission setting out their views on the impact of the offending, the risk posed, the appropriate order, and any other prescribed matter (sections 83-84). Their submission is admissible and must be tendered. They may request non-disclosure of the submission to the offender, in which case the court may still consider the submission but cannot disclose it to the offender unless the substance can be revealed without identifying the victim (section 86). No inference can be drawn from the absence of a victim submission (section 87).

Rights of the detainee. A detainee may apply for review of a continuing detention order after two years if leave is granted on exceptional circumstances (section 66). They may apply for revocation under section 74, again requiring exceptional circumstances for leave. They have the right to receive medical reports and to be heard in proceedings, and they may appeal decisions against them (section 102).

Duties of medical experts. A medical expert named in a medical assessment order must examine the person and prepare a medical report setting out their opinion on risk, reasons, and the extent of the person’s cooperation (section 79). The report must be prepared even if the person does not cooperate (section 79(3)). The expert must have regard to all information given under section 80. An expert who is a public sector employee in the agency administering Correctional Services cannot be named (section 79(6)).

Principal offence. Section 46(1) creates an offence: a supervisee must not engage in conduct that results in a contravention of a requirement of their supervision order. The maximum penalty is 200 penalty units or imprisonment for two years. It is a defence if the defendant establishes a reasonable excuse (section 46(2)). By virtue of section 46A, section 123 of the Police Administration Act 1978 applies to this offence, which means police officers have the power to arrest without warrant in certain circumstances. Section 5 applies Part IIAA of the Criminal Code (general principles of criminal responsibility) to the offence.

Civil contravention proceedings. Part 5, Division 2 provides a parallel civil enforcement mechanism that operates whether or not the supervisee is charged with or convicted of an offence under section 46 (section 47). A police officer or probation and parole officer who suspects on reasonable grounds that a supervisee has contravened, is contravening, or is likely to contravene a requirement may apply to a Supreme Court Judge for a warrant or summons (section 48). The application for a warrant is on oath or by telephone; for a summons it is in writing. If the judge is satisfied there are reasonable grounds for the suspicion, they must issue a warrant for arrest or a summons for the supervisee to appear (section 49(1)). On a warrant application, the judge cannot issue a summons unless the applicant consents or there are exceptional circumstances (section 49(2)).

Arrest and initial detention. A supervisee arrested under warrant cannot be granted bail under the Bail Act 1982 (section 51(3)). At the first appearance, the Supreme Court must either make an interim continuing detention order or order release with amendments to the supervision order (section 52). If the court has not completed its consideration, the supervisee may apply for release, but the court may order release only if satisfied there are exceptional circumstances , the supervisee bears the onus (section 53). If a supervisee who was released is later found to no longer satisfy exceptional circumstances, the court may make an interim continuing detention order (section 54).

Outcome of contravention hearing. On considering the alleged contravention, if the Supreme Court is satisfied the supervisee has contravened, is contravening, or is likely to contravene the order, the court must revoke the supervision order and make a continuing detention order: if the revoked order was interim, an interim continuing detention order pending final determination; if final, a final continuing detention order (section 58(1)). However, the court is not required to make those orders if satisfied it would not be appropriate to do so (section 58(2)). In that case, the court must revoke any interim continuing detention order made earlier and may amend the supervision order (section 59). The Attorney-General has the onus of satisfying the court of the contravention or likely contravention; the supervisee has the onus of showing it would not be appropriate to make the default orders (section 60).

Other offences. It is an offence to make an application for a name change of a detainee or supervisee without the written permission of the Commissioner of Correctional Services: maximum 50 penalty units or imprisonment for six months, strict liability (section 108). It is an offence to disclose confidential information obtained in the administration of the Act: maximum 200 penalty units or imprisonment for two years (section 112). Defences include consent of the person to whom the information relates or authorised disclosure under section 112A. Additionally, a supervisee who damages an approved monitoring device is liable for the repair or replacement costs recoverable as a debt due to the Territory (section 111).

Criminal Code. Section 5 provides that Part IIAA of the Criminal Code applies to offences against the Act. That Part contains the general principles of criminal responsibility, defences, and burden of proof for the offence under section 46.

Police Administration Act 1978. Section 46A confirms that section 123 of that Act (powers of arrest without warrant) applies to the offence of contravening a supervision order. Section 50 applies section 122 (telephone warrants) to warrants under section 49, adapting it for Supreme Court Judges and allowing non-police applicants.

Bail Act 1982. A detainee cannot be granted bail under that Act (section 12(1)). An arrested supervisee under section 51(3) also cannot be granted bail. Section 97(2)(c)(vi) allows evidence of compliance with bail conditions to be admitted in civil proceedings under the Act.

Parole Act 1971. A detainee cannot have a parole order made for them (section 12(2)). A qualifying offender who is subject to a parole order may have that order suspended by the Supreme Court under section 28 pending determination of an application for a final order. While suspended, the parole order is of no effect (section 28(4)). If the court makes a continuing detention order, it may revoke the parole order (section 31(2)). Section 97(2)(c)(v) allows evidence of compliance with parole orders.

Correctional Services Act 2014. A probation and parole officer may exercise powers under section 171 of that Act as if a supervision order were a monitoring order (section 64(1)). However, the officer cannot exercise powers under section 170(2)(d) or (e) unless the supervisee is subject to a monitoring obligation (approved monitoring device requirement), and cannot direct a supervisee to submit to an alcohol or drug test unless the supervisee is subject to an alcohol or drug obligation (section 64(1A)). The definition of “approved monitoring device” is cross-referenced to section 164 of the Correctional Services Act 2014.

Child Protection (Offender Reporting and Registration) Act 2004. Section 15 applies when the supervisee is a reportable offender under that Act. The court must ensure, as far as reasonably practicable, that supervision order requirements are not inconsistent with the person’s reporting obligations. The court may amend a prohibition order under that Act to avoid inconsistency. The court must explain the effect of section 62 (which deals with inconsistency between a supervision order and obligations under other Acts) to the person. Section 62 provides that if it is not reasonably practicable to comply with both a supervision order and other obligations (including those under the Child Protection Act), the supervisee must comply with the supervision order and need not comply with the other obligations to the extent that compliance with the supervision order makes it not reasonably practicable to do so.

Sentencing Act 1995. Section 22(2)(b) treats a person under suspension of sentence, intensive community correction order, home detention order, or community custody order as still under sentence of imprisonment for the purposes of being a qualifying offender. Section 97(2)(c)(iii) allows evidence of compliance with orders under Parts 3, 4, or 5 of the Sentencing Act to be admitted.

Domestic and Family Violence Act 2007. Section 62(1)(a)(iii) contemplates that a supervisee may be subject to a domestic violence order, and the supervision order prevails over inconsistent obligations.

Victims of Crime Rights and Services Act 2006. The Act cross-references the Director of the CVSU (appointed under section 6 of that Act) and the Victims Register (defined in section 4 of that Act). Victims registered under Part 4 of that Act receive notices under this Act.

Bail Act 1982 and Sentencing Act 1995 - further evidence provisions under section 97(2)(c) and (f).

The Serious Sex Offenders Act 2013 (Act No. 9, 2013) received assent on 3 May 2013 and commenced on 1 July 2013 (Gazette G24 of 12 June 2013). Since then, it has been amended by several Acts. The Correctional Services (Related and Consequential Amendments) Act 2014 (No. 27, 2014) made amendments to sections 4, 10, 12, 14, 16, 18, 20, 21, 22, 27, 29, 35, 42, 48, 49, 56, 57, 63, 64, 69, 79, 80, 88, 96, 98, 108, and 109, largely to update references to the Correctional Services Act 2014. The Statute Law Revision Act 2014 (No. 38, 2014) amended section 59. The Local Court (Related Amendments) Act 2016 (No. 8, 2016) amended sections 48, 49, 50, and Schedule 2, updating references following the Local Court reforms. The Sex Industry Act 2019 (No. 40, 2019) amended Schedule 1 to add offences under the Sex Industry Act 2019 (sections 12, 13, 14) to the list of serious sex offences. The most significant amendment was the Serious Sex Offenders Amendment Act 2021 (No. 12, 2021), which received assent on 20 May 2021 and commenced on 5 July 2021. This amendment inserted section 46A (application of Police Administration Act 1978 section 123), amended sections 48, 49, 50 (clarifying warrant and summons procedures for contraventions), substituted section 104 (nature of appeal changed from appeal de novo to rehearing), inserted a new Part 12 transitional provisions (sections 114-117) dealing with the application of the amended definitions, and substituted sections 112, 112A, and 112B to modernise the disclosure offence and add authorised disclosure and protection from liability provisions. The amendment also substituted Schedules 1 and 2 to update the lists of serious sex offences and offences of a sexual nature. The Criminal Code Amendment (Property Offences) Act 2022 (No. 24, 2022) amended Schedule 2. The Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (No. 20, 2023) amended Schedules 1 and 2. The Justice and Other Legislation Amendment Act 2024 (No. 4, 2024) amended section 22 (definition of qualifying offender) to update references to sentencing orders. The Justice and Other Legislation Further Amendment Act 2024 (No. 9, 2024) amended Schedule 2 and had commenced partly on 25 May 2024. The version as in force at 25 May 2024 reflects these amendments.

The Act provides a comprehensive appellate structure in Part 10. Under section 102, the Attorney-General or the person subject to a Supreme Court decision under the Act (the original decision) may appeal to the Court of Appeal against that decision on a matter of fact, law, or both fact and law. An appeal does not stay the operation of the original decision unless the Court of Appeal orders otherwise (section 103). The appeal is by way of rehearing, not an appeal de novo (section 104(1)), meaning the Court of Appeal reviews the record of the original hearing and may receive further evidence as it considers appropriate (section 104(2)). The Court of Appeal may confirm, vary, or set aside the original decision; set aside and substitute its own decision; or set aside and remit the matter to the Supreme Court for reconsideration, with possible directions (section 106). While an appeal is pending, the Court of Appeal may make an interim continuing detention order or interim supervision order (section 105). If the Court of Appeal remits a matter, it may also make an interim order pending the rehearing (section 107). The Act does not itself name any specific case law. However, the requirement in section 101 that the court must give detailed reasons for making a final continuing detention order or final supervision order has likely generated appellate consideration of what constitutes adequate reasons. The test for “serious danger to the community” in section 6, including the requirement for a high degree of probability and acceptable and cogent evidence under section 7, has been the subject of appellate interpretation on the proper application of that standard. The mandatory default orders upon finding a contravention (section 58(1)) and the narrow exception where “not appropriate” (section 58(2)) have also likely been litigated. The nature of the appeal as a rehearing (section 104) rather than a de novo hearing means that fresh evidence can be admitted but the appeal is not a full retrial. The transitional provisions in Part 12 (inserted by the 2021 amendments) clarify that section 104 as amended applies to appeals made after the commencement of the amending Act, which may give rise to transitional arguments about pending appeals.

Qualifying offender trap. A person who has served their sentence for a serious sex offence but is immediately taken into custody for another offence (or is in custody for any other reason, except a continuing detention order) remains a qualifying offender indefinitely under section 22(4). This means an application can be made even years after the serious sex offence sentence ended, as long as the person has never had a gap in custody. This can catch offenders who thought they were finished with their sentence.

Interim detention time limit. Section 11(3) provides that the total period of interim continuing detention pending a particular proceeding cannot exceed six months unless the court is satisfied there are exceptional circumstances. However, “exceptional circumstances” is not defined, and the six-month limit applies per proceeding, not per application. Practitioners need to monitor the duration carefully to avoid unlawful detention.

Supervision order minimum duration. A final supervision order must have a stated duration of at least five years from when it comes into force (sections 13(2)(a), 17(2)). When the order is amended, the court cannot reduce the duration to less than five years from the date the order came into force (section 44(2)). This means even if a supervisee is doing well, the order cannot be shortened below that initial five-year period.

Consequences of contravention. On a finding of contravention (or likely contravention), the Supreme Court must revoke the supervision order and make a continuing detention order (section 58(1)). The only escape is if the court is satisfied it would not be appropriate to do so (section 58(2)). The supervisee bears the onus of proof on inappropriateness (section 60(2)). This is a high bar. Additionally, a supervisee arrested under a warrant cannot get bail (section 51(3)), and release pending hearing is only possible on exceptional circumstances (section 53). Practical consequence: breach allegations usually result in immediate remand and likely detention.

No bail for detainees or arrested supervisees. A detainee cannot be granted bail under the Bail Act 1982 (section 12(1)). An arrested supervisee under a contravention warrant also cannot be granted bail (section 51(3)). This removes the usual bail safeguard.

Supervision order prevails over other obligations. Under section 62, if a supervisee has obligations under the Child Protection (Offender Reporting and Registration) Act 2004, a sentencing order, a domestic violence order, or any other Act, and it is not reasonably practicable to comply with both the supervision order and those other obligations, the supervisee must comply with the supervision order and need not comply with the other obligations. This can create tension with reporting regimes. The court must explain this effect under section 15(4).

Non-disclosure of victim submissions. A victim submission that is not consented to for disclosure cannot be shown to the offender (section 86(2)). The court may still consider it and may even disclose the substance if it cannot lead to identification. This raises procedural fairness concerns, as the offender may not know the full case against them. Section 86(3)(b) allows the court to consider the absence of consent and non-disclosure in weighing the submission.

Name change restrictions. Section 108 makes it an offence (strict liability, 50 penalty units or six months) to apply to register a name change of a detainee or supervisee without the Commissioner’s written permission. This applies to applications under the Births, Deaths and Marriages Registration Act 1996 or equivalent interstate Acts.

Reversal of onus on reasonable excuse. For the offence of contravening a supervision order, the defendant bears the legal burden of establishing a reasonable excuse (section 46(2)). This is a reverse onus that applies in criminal proceedings for the offence.

Medical assessments even without cooperation. A medical expert must prepare a report even if the person being assessed does not cooperate (section 79(3)). The report must include the extent of cooperation, and this can be used in evidence against the person.

Victim submissions without offender disclosure. Under section 86, the court may have regard to a non-disclosed submission. The court may also disclose the substance if it cannot reasonably lead to identification. But the offender’s legal representative may be unable to effectively challenge the submission if its source and details are unknown.

For the Attorney-General. Ensure all applications under section 23 are made no earlier than 12 months before the offender is due to cease being a qualifying offender. Prepare the application with the required affidavits and serve within seven business days after filing (section 90(2)). Immediately notify the Director of the CVSU and the Commissioner of Correctional Services when a hearing date is set, so victim submissions and supervision reports can be prepared. Disclose all relevant material under section 96 as soon as practicable after the proceeding commences. Tender all medical reports and victim submissions in evidence (sections 82, 85). For final continuing detention orders, apply for review under section 65 before the expiry of the review period (two years or shorter if stated). When applying for extension of a supervision order under section 33, do so no more than six months before the order expires. In contravention matters, apply promptly for a warrant or summons; ensure the arrested supervisee is brought before the Supreme Court as soon as practicable (section 51). Keep records of all disclosures and court orders.

For the Commissioner of Correctional Services. Determine appropriate management and supervision for each supervisee under section 63, prioritising community protection. Ensure supervision reports are prepared with the required opinion on reasonable practicability and recommended requirements (section 88). Provide all relevant information to medical experts as required by section 80. Produce guidelines for authorised disclosures under section 112A. Provide information to the Attorney-General on request under section 109. Ensure probation and parole officers are trained on the restrictions in section 64(1A) regarding monitoring obligations and alcohol/drug tests. If a supervisee changes name without permission, consider directing reversal under the Births, Deaths and Marriages Registration Act 1996 (section 108 note).

For probation and parole officers. Give directions under section 20 only after having regard to the paramount consideration of protection and the secondary consideration of rehabilitation (section 21). Do not give directions on matters stated in the order under section 18(2) or that are directly inconsistent with a requirement in the order (section 20(3)). When exercising powers under section 171 of the Correctional Services Act 2014, ensure the supervisee is subject to the relevant monitoring or alcohol/drug obligation before using certain powers (section 64(1A)). Record directions and compliance diligently, as notebooks and diaries are admissible as evidence under section 98. If suspecting a contravention, consider applying for a warrant or summons under section 48.

For supervisees. Comply strictly with all requirements in the supervision order (sections 18, 19) and with any directions from a probation and parole officer. Do not commit any serious sex offence or offence of a sexual nature. Report to the probation and parole officer as directed. Provide accurate information about residence and employment. Obtain permission before leaving the Territory. Comply with directions regarding residence, association, employment, alcohol, drugs, rehabilitation, and monitoring devices. If a direction appears inconsistent with a requirement in the order, seek clarification from the officer or the court. If arrested on a warrant, do not attempt to self-bail; seek legal representation immediately and consider applying for release on exceptional circumstances under section 53. If the order is revoked and a continuing detention order made, consider applying for review after two years if grounds exist (section 66), but note that leave requires exceptional circumstances. Do not change name without the Commissioner’s written permission. Do not damage any approved monitoring device.

For legal practitioners representing a respondent. Challenge the Attorney-General’s evidence on the test for serious danger. Obtain independent medical evidence if possible. Ensure the Attorney-General has disclosed all relevant material (section 96). If the client is facing a contravention allegation, argue that any non-compliance was due to reasonable excuse under section 46(2) or that it would not be appropriate to revoke the supervision order under section 58(2). Prepare evidence for the exceptional circumstances test for release under section 53. In review proceedings under Part 6, argue that the detainee is no longer a serious danger, relying on factors in section 6(2). For revocation applications under Part 7, satisfy the court that the grounds for making the order no longer exist (section 77), noting the onus is on the applicant (section 78).