What it does
The Serious Sex Offenders Act 2013 (NT) establishes a post-sentence scheme for the continued detention or supervised release of certain serious sex offenders who pose a serious danger to the community. Its primary object, stated in section 3(1), is to enhance the protection and safety of victims of serious sex offences and the community generally by allowing for control through continued detention or supervised release. The secondary object is to provide for the continuing rehabilitation, care and treatment of those offenders (section 3(2)). The Act confers jurisdiction on the Supreme Court to make two types of orders after a qualifying offender has finished serving their sentence: a continuing detention order, which detains the person indefinitely (section 8), or a supervision order, which subjects the person to at least five years of supervised release with compulsory and optional requirements (sections 13, 16, 17). The Act applies only to offenders who have been convicted of a serious sex offence as defined by section 4 and listed in Schedule 1, and who are still qualifying offenders , meaning they are under sentence of imprisonment for that offence or are in custody for another offence without any gap in custody since serving the sentence for the serious sex offence (section 22). Before making either order, the court must be satisfied to a high degree of probability, on acceptable and cogent evidence, that the person is a serious danger to the community: that there is an unacceptable risk they will commit another serious sex offence unless detained or supervised (sections 6 and 7). The Attorney-General bears the onus of proof on that issue (section 7(2)). The Act also provides for preliminary hearings, medical assessments, victim submissions, supervision reports, mechanisms for extension and amendment of supervision orders, contravention proceedings, mandatory periodic review of final continuing detention orders, and appeals to the Court of Appeal. Part 2, Division 1 sets out the test for serious danger and the standard of proof; Part 3 governs the initial application process; Part 4 deals with extension and amendment; Part 5 covers compliance and enforcement including the offence of contravening a supervision order; Part 6 mandates Attorney-General review of final continuing detention orders at intervals of two years (or shorter if stated in the order); Part 7 allows revocation on application; Part 8 addresses medical assessment orders and victim submissions; Part 9 provides procedural rules; and Part 10 establishes appeal rights.