Attorney-General for the State of Queensland v Larry

The case involved the Attorney-General for the State of Queensland and Larry, a person subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. The central issue was whether the duration of Larry's supervision order had been extended by the time he spent in custody, as provided by sections 23 and 24 of the Act. Specifically, the applicant sought a declaration that the supervision order was extended by the 61 days Larry was in custody, from 22 May 2021 to 21 July 2021.

The court was required to interpret sections 23 and 24 of the DPSOA, which provide that when a person subject to a supervision order is imprisoned for an offence other than a sexual offence, the duration of the supervision order is extended by the time spent in custody. The court had to consider whether the extension of the supervision order by this period should be declared formally. The court noted that such a declaration is generally desirable because the supervision order carries significant powers for Corrective Services officers and imposes substantial obligations and potential criminal sanctions on the person subject to the order.

In its reasoning, the court noted that both parties agreed the supervision order had indeed been extended by 61 days. Given the significant implications of the supervision order, the court found it appropriate to make a declaration to clarify the extended period. Consequently, the court made the declaration, specifying that Larry's supervision order, initially set to expire on 22 May 2021, was extended to expire on 21 July 2021.