Attorney-General for the State of Queensland v Haidley

The Attorney-General for the State of Queensland filed a case against Haidley, who is currently serving time for sexual offenses committed against three girls. His expected release date is December 19, 2020. The Attorney-General seeks an order under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003 to ensure that Haidley poses no further threat to the community. There is expert psychiatric opinion that Haidley must complete a sexual offenders treatment program in custody before his release to mitigate the risk he poses. Haidley himself wishes to complete such a program prior to his release. The court must decide whether the community can only be adequately protected through an order for Haidley's continued detention.

The legal issue before the court was whether adequate protection of the community could only be achieved by an order for Haidley's continuing detention. The court considered the statutory framework provided by Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003, which allows for the indefinite detention of serious violent or sexual offenders if it is deemed necessary for the protection of the community. The court examined expert psychiatric evidence indicating that Haidley must complete a sexual offenders treatment program in custody to address the risk he poses. The court also considered Haidley's own wishes to participate in such a program before his release.

The court found that, based on the expert psychiatric opinion and the nature of Haidley's offenses, the risk he posed to the community was such that adequate protection could only be achieved by his continued detention. The court was satisfied that Haidley is a serious danger to the community in the absence of a Division 3 order. It held that the statutory framework provided a sufficient basis for making the order sought by the Attorney-General. The court concluded that the order was necessary to protect the community and to ensure that Haidley received the treatment required to address the risk he poses.

Under section 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003, Haidley is to be detained in custody for an indefinite term for control, care or treatment. The Court was satisfied that he is a serious danger to the community in the absence of a Division 3 order. This order ensures that Haidley will continue to be detained and receive the necessary treatment to address the risk he poses to the community.