Attorney-General for the State of Queensland v Guy

In Attorney-General for the State of Queensland v Guy, the Queensland Supreme Court addressed a longstanding issue concerning the detention of the respondent, who has been under a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA) since 2017. The Attorney-General applied for a review of the continuing detention order, which had been upheld in multiple previous reviews. The central legal issue was whether the respondent should continue to be detained under the DPSOA due to the lack of suitable accommodation that would allow his risk to be reasonably and practically managed under a supervision order.

The court considered the psychiatric evidence, which indicated that the respondent's risk of recidivism was moderate or below and could be reduced if he were subject to a supervision order that limited his access to potential victims. However, the court found that neither Queensland Corrective Services nor the respondent had identified suitable accommodation that met both the respondent's care needs and limited his risk. The court acknowledged the ongoing concern that individuals like the respondent remain in detention due to the absence of suitable accommodation, highlighting a systemic issue that affects the practical application of the DPSOA.

The court concluded that, in the absence of suitable accommodation, the respondent's risk could not be reasonably and practically managed in the community. Consequently, the court affirmed the decision that the respondent is a serious danger to the community in the absence of a Division 3 order and upheld the continuing detention order. This decision underscores the tension between legislative intent and the practical challenges of implementation, particularly in the context of managing high-risk offenders.