Attorney-General for the State of Queensland v Haidley

The case of Attorney-General for the State of Queensland v Haidley was heard in the Supreme Court of Queensland. The applicant, the Attorney-General for the State of Queensland, sought a review of the continuing detention order made in relation to the respondent, Haidley, under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The respondent, a prisoner serving a sentence for three sexual offences committed against children, has been subject to a continuing detention order since February 2017. The central issue before the court was whether the respondent remains a serious danger to the community in the absence of a Division 3 order, and whether adequate protection of the community can be ensured by his release on a supervision order.

The court considered the psychiatric assessments of the respondent, which indicated a moderately high risk of sexual re-offence, as well as his history of serious sexual offending against children. The psychiatric evidence highlighted the respondent's minimalisation of the seriousness of his offending, lack of completion of a sexual offenders' treatment program, and provisional diagnosis of Paedophilia, among other disorders. The court also noted the respondent's minimal engagement in therapy and his attitude towards his offending, which was marked by denial and minimisation.

In affirming the decision that the respondent is a serious danger to the community in the absence of a Division 3 order, and in continuing the detention order, the court concluded that the respondent’s risk of re-offending remains high, particularly given his failure to undertake the Getting Started: Preparatory Program. The court was satisfied that the respondent's release on a supervision order would not adequately protect the community. The orders made by the court on 29 August 2022 affirmed the earlier decision that the respondent is a serious danger to the community and continued his subjection to the continuing detention order.