Attorney-General for the State of Queensland v Currie

The case of Attorney-General for the State of Queensland v Currie involved a review of a continuing detention order (CDO) imposed under the Dangerous Prisoners (Sexual Offenders) Act 2003. Currie, a high-risk serious sexual offender, has been in custody since 2006 and subject to the CDO since 2016. The latest review concerned whether Currie's institutional behaviour and treatment indicated a permanent change that would allow his release on a supervision order. The court heard evidence from three experienced psychiatrists who concluded that while there were signs of improvement, any change could not be deemed permanent unless Currie remained incident-free for a full 12 months.

The legal issues before the court were whether the evidence demonstrated that Currie was still a danger to the community and if his release on a supervision order would provide adequate protection. The court had to consider the psychiatrists' assessment of Currie's risk, his institutional behaviour, and the effectiveness of his ongoing treatment. The key point of contention was whether the observed improvement in Currie's behaviour could be considered consolidated and permanent, which would justify his release on a supervision order.

The court found that the psychiatrists' assessment was reliable and that their evidence was compelling. The court accepted that Currie's institutional behaviour, which had shown some improvement, was critical to assessing his risk in the community. However, given that the improvement had not been sustained for a full 12 months, the court could not be confident that a permanent change had occurred. The court concluded that releasing Currie on a supervision order would not adequately protect the community and affirmed the previous finding that Currie was a serious danger to the community without a CDO. Consequently, the court ordered that Currie continue to be subject to the CDO.