Attorney-General for the State of Queensland v Henry

The case of Attorney-General for the State of Queensland v Henry involved an application for a review of a continuing detention order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSO Act). The application was brought by the Attorney-General for the State of Queensland, and the respondent was a person who had been the subject of a continuing detention order since September 2018. The primary legal issues before the court were whether the respondent was a serious danger to the community in the absence of a Division 3 order and whether adequate protection of the community could be ensured by the respondent's release on a supervision order.

The court found that the respondent was a serious danger to the community in the absence of a Division 3 order, based on the evidence provided by the applicant, including the reports of two psychiatrists and their oral evidence. The court also found that the respondent had made some progress in his treatment program, but it was essential that he complete the program before being released. The court concluded that it was necessary to wait for the completion of the treatment program and the preparation of the exit report before making a final determination on the respondent's risk to the community.

The court ultimately affirmed the continuing detention order and required the respondent to continue to be subject to the order made on 24 September 2018. The court ordered that the decision made on that date that the respondent was a serious danger to the community in the absence of a Division 3 order be affirmed, and that the respondent continue to be subject to the continuing detention order made on that date. The court's decision ensures that the respondent remains detained until such time as it is determined that he no longer poses a serious danger to the community.