Attorney-General for the State of Qld v Dodge

The respondent, Dodge, brought an application to the Supreme Court of Queensland against the Attorney-General for the State of Queensland, seeking an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) that he should be released from detention. The court was required to determine whether the criteria for the making of an order under this Act were met in this case. The applicant argued that the criteria for an order under the Act were not met, as he did not pose a significant risk of sexual reoffending. The Attorney-General contended that the criteria for an order under the Act were met and that the applicant remained a significant risk of sexual reoffending.

The court considered the relevant provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and the case law, including Attorney-General for the State of Queensland v Phineasa and Attorney-General for the State of Queensland v SBD. The court found that the criteria for an order under the Act were met, as the applicant had been convicted of serious sexual offences and there was evidence to suggest that he remained a significant risk of sexual reoffending. The court also considered the reports of the two psychiatrists appointed to examine the applicant, who both concluded that the applicant remained a significant risk of sexual reoffending.

The application was dismissed, and an order was made that the applicant undergo examinations by two psychiatrists named by the court. The court set the application for hearing at 10.00am on 17 December 2012. The court also ordered that the reports of the psychiatrists be prepared in accordance with the Act and that there be liberty to apply.