Attorney-General for the State of Queensland v GFA

In the matter of Attorney-General for the State of Queensland versus GFA, the respondent, a high-risk sexual offender, sought his release from custody on the basis that adequate protection of the community could be ensured by the continuation of a supervision order, subject to certain amendments. The applicant, representing the Attorney-General, acknowledged that the community could be adequately protected by the respondent’s release under the supervision order but sought additional conditions to manage the respondent’s risk. The court was tasked with determining whether the respondent could be released subject to the supervision order, and if so, whether additional conditions were necessary to ensure the adequate protection of the community.

The court examined the evidence, including the opinions of psychiatrists, and found that the respondent had met the onus of demonstrating that adequate protection of the community could be ensured by his release. Despite the respondent's previous contraventions, the court was persuaded that the community's protection could be maintained by the release of the respondent under the supervision order, subject to certain conditions. The court accepted that conditions were necessary to prevent the respondent from hiding electronic contacts or associations and to manage his relationship with a specified individual. The court found the original draft of the conditions to be overly complicated and, after considering submissions from both parties, simplified them while maintaining their intended effect.

The court ordered the respondent's release from custody, subject to the supervision order made by Crowley J on 19 September 2022, with additional conditions to ensure transparency in his electronic contacts and to manage his relationship with the specified individual. The court also extended the period of the supervision order by 104 days. The court was satisfied that these measures would ensure the adequate protection of the community.

The court ordered that the respondent be released from custody by 10 am on 4 February 2025, that he continue to be subject to the supervision order made on 19 September 2022 by Crowley J, and that the supervision order be amended by inserting the specified conditions. The court further declared that the period of the supervision order be extended by 104 days.