Attorney-General for the State of Queensland v McKellar

The case of Attorney-General for the State of Queensland v McKellar involved the respondent, Adam Cliffe McKellar, who was subject to a supervision order under Division 3 of Part 2 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Attorney-General sought orders in relation to the respondent under section 22 of the Act, alleging that McKellar had contravened the conditions of his supervision order. McKellar admitted to the contraventions, and a warrant for his arrest was issued under the Act, resulting in his detention. The central issue before the court was whether the supervision order should be extended and, if so, how it should be calculated, considering the respondent's contraventions and the risk he posed to the community.

The court was tasked with determining whether the adequate protection of the community could be ensured by releasing McKellar back into the community under a supervision order, despite his contraventions. The legal question hinged on whether the supervision order would render the risk of McKellar committing a serious sexual offence at an acceptable level. The court considered psychiatric evidence indicating that McKellar's risk of sexual re-offence, while high, could be reduced to moderate or low with continued supervision.

The court reasoned that if the supervision order could ensure the adequate protection of the community, it should be preferred over an order for continuing detention. The court noted that the primary concern was not whether McKellar would breach the supervision order, but rather whether the risk of him committing a serious sexual offence could be managed through supervision. Based on the psychiatric evidence and the overall circumstances, the court concluded that the adequate protection of the community could indeed be ensured by releasing McKellar back into the community under the supervision order, albeit with certain amendments. Consequently, the court ordered the release of McKellar from custody and continued his supervision under the amended supervision order.