Attorney-General for the State of Queensland v CBR

The respondent, who has a significant criminal history of sexual offending against children, was subject to a continuing detention order (CDO) under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The first annual review of that CDO was conducted, where the primary issue was whether the respondent should continue to be subject to the CDO. The respondent had been detained under the CDO since 4 June 2020, and the Judge who made the order had expressed the view that the annual review should be made earlier than usual given the rehabilitative efforts of the respondent. The application for review was filed six months after the making of the CDO, and the respondent was examined by a psychiatrist for the purposes of the review.

The court had to decide whether the adequate protection of the community could be ensured by a supervision order under Division 3 of Part 2 of the DPSOA. The parties agreed that such a supervision order would suffice, and the respondent conceded the need for a supervision order under Division 3 of Part 2. The court considered the evidence provided by three psychiatrists, who all diagnosed the respondent with paedophilia, non-exclusive, sexually attracted to prepubescent females and regarded him as a high risk of reoffending if released into the community without supervision. However, all three psychiatrists also opined that the potential risk could be reduced to an acceptable level by the presence of a supervision order with all the usual requirements of curfews, disclosure, GPS tracking, electronic review of telephone and internet material assessed, and continued one-to-one treatment sessions.

The court was satisfied with the draft supervision order provided and decided to make a supervision order in terms of the draft. The respondent would be released subject to the supervision order for 10 years until 17 December 2030. The order would include rules for the respondent to follow, such as reporting to a corrective services officer, obeying any reasonable directions given by the officer, and not committing any sexual offences. The court also noted that if the respondent broke any of the rules in the supervision order, the police or Queensland Corrective Services had the power to arrest him, and the Court might order that he go back to prison.