Attorney-General for the State of Queensland v GFC

This case involves the Attorney-General for the State of Queensland, acting against GFC, a respondent with a significant criminal history including multiple convictions for sexual offences. GFC was the subject of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA), made on 1 December 2023, following his release from prison. It was alleged that GFC contravened several conditions of this supervision order, including failing to obey the directions of a Corrective Services Officer, lying to such an officer, disobeying a curfew, and not informing the officer of his social contacts. These contraventions were admitted by GFC. The court was required to determine whether GFC should be released back onto the existing supervision order.

The primary legal issue was whether GFC should be released back onto the supervision order as per the terms of section 22 of the DPSOA, given his admitted contraventions. The court had to weigh the evidence provided by two psychiatrists, Dr McVie and Dr Phillips, who assessed GFC's risk of reoffending. Both psychiatrists concluded that GFC presented a high risk of reoffending, particularly with sexual violence, if released without supervision. However, they also believed that adequate protection of the community could be ensured by re-imposing the supervision order. The court accepted the psychiatrists' evidence and considered the concession by the Attorney-General that GFC had discharged the onus under section 22 of the DPSOA.

The court found that the contraventions as alleged were proved. Given the psychiatrists' evidence and the concession by the Attorney-General that GFC had discharged the onus under section 22 of the DPSOA, the court concluded that GFC should be released back onto the supervision order. No variation of the supervision order was sought by the Attorney-General. The court accepted the psychiatrists' conclusion that adequate protection of the community could be ensured by re-imposing the supervision order. Consequently, the court made the orders as stated.

ORDERS:
1. The respondent, GFC, be released from custody and continues to be subject to the supervision order made by Applegarth J on 1 December 2023.