Attorney-General for the State of Queensland v Bewert

In the case of Attorney-General for the State of Queensland v Bewert, the respondent, a person detained under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSO Act), was subject to a review application by the applicant, the Attorney-General. The applicant sought the continuation of the detention order on the basis that the respondent remained a serious danger to the community and that his adequate protection could not be ensured through a supervision order. The legal issues before the court were whether the respondent was a serious danger to the community in the absence of a Division 3 order and whether the adequate protection of the community could be ensured by his release on a supervision order.

The court considered the psychiatric evidence and the respondent's history of sexual offences, which indicated a high risk of re-offending without ongoing treatment. The court found that the respondent was indeed a serious danger to the community in the absence of a Division 3 order and that the adequate protection of the community could not be ensured by his release on a supervision order. The court was not satisfied that the respondent's outstanding treatment needs could be addressed in the community, given his assessed risks and the nature of his personality disorder. The court concluded that the continuing detention order should be maintained to facilitate the ongoing treatment, with the expectation that a review would be undertaken once the respondent demonstrated stability on the recommended medication.

The court made orders affirming the decision that the respondent is a serious danger to the community in the absence of an order pursuant to Division 3 of the DPSO Act and continuing the detention order. The court also directed the applicant to provide Queensland Health with copies of relevant psychiatric reports and correspondence.