Attorney General for the State of Queensland v Fja

The matter before the court involved the respondent, who had been convicted of two sets of sexual offences against early to mid-adolescent boys, and the Attorney General for the State of Queensland. The court was required to determine whether the respondent was a serious danger to the community and whether a supervision order would provide adequate protection of the community or if a continuing detention order should be made.

The legal issues the court had to decide included whether the respondent had been offered a place in a high intensity sexual offenders program (HISOP) in a timely manner and whether the delay in treatment was acceptable. The court also had to consider the psychiatric evidence that the respondent should undertake a HISOP prior to release from custody, as well as the respondent's early and developing insight into the psychological factors relevant to his offending and his good insight into the effect of his offending on victims.

The court concluded that it was completely unsatisfactory that the respondent had not been offered a place on the HISOP long ago, and that it was simply not acceptable for the court to order his continuing detention so as to undergo treatment by way of a HISOP, but then for the respondent to have to wait one year for that program to begin. The court also found that the delay in treatment was unacceptable and adjourned the matter to enable inquiries to be made as to whether the respondent might commence on the HISOP as soon as possible. New information was presented that the respondent can undertake a Getting Started: Preparatory Program in January 2019 and will be offered a HISOP place in about April 2019. The court was satisfied to the requisite standard that the respondent is a serious danger to the community in the absence of a Division 3 Order, and ordered that the respondent be detained in custody for an indefinite term for control, care or treatment.