Attorney-General for the State of Queensland v Dooley

The applicant, the Attorney-General for the State of Queensland, sought an order pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) against the respondent, Dooley, who had pleaded guilty to one count of rape and three counts of indecent treatment of children under 16. The respondent opposed the making of the order, arguing that the psychiatric evidence did not support that there was an unacceptable risk of him committing a serious sexual offence if released without a supervision order. The central legal issue for the court was whether Dooley posed a serious danger to the community in the absence of a division 3 order and, if so, whether the court should make a further order for his continuing detention or supervision.

The court considered the psychiatric evidence presented, noting that while the risk of reoffending was significant, it did not necessarily mean that Dooley would reoffend with violence or against a child. The court examined the nature of the index offences, the psychiatric reports, and the respondent's background and prospects for rehabilitation. The court found that, although there was a significant risk of reoffending, the evidence did not conclusively establish that Dooley was a serious danger to the community in the absence of a division 3 order. Given the nature of the offences and the potential for serious harm, the court decided to make an order under section 13 of the Act, but with amendments to the draft order. The interim supervision order was revoked, and Dooley was granted liberty to apply for further orders in the future.

In summary, the court determined that while Dooley posed a significant risk of reoffending, the evidence did not unequivocally demonstrate that he was a serious danger to the community in the absence of a division 3 order. Consequently, the court made an order under section 13 of the Act, with modifications to the draft order, revoked the interim supervision order, and allowed Dooley to apply for further orders in the future.