Attorney-General for the State of Queensland v O'Connor

In the Supreme Court of Queensland, the Attorney-General for the State of Queensland applied for a continuing detention order in respect of Mr O'Connor, a serious sexual offender with a history of extensive and diverse sexual offending. The court was required to determine whether Mr O'Connor remained a serious danger to the community in the absence of an order under Division 3 of the *Dangerous Prisoners (Sexual Offenders) Act 2003* and whether the court should make a supervision order or a continuing detention order. Both psychiatrists considered Mr O'Connor to present a high risk of sexual reoffending, with potential victims including children and adult women. The court affirmed that Mr O'Connor was a serious danger to the community without a Division 3 order.

The court considered the evidence, including Mr O'Connor's criminal history and the psychiatrists' assessments. The court noted that while there was no clear pattern to his offending, there was an underlying propensity to offend against female children. The court found that Mr O'Connor remained a serious danger to the community in the absence of a Division 3 order, and the previous order made by Burns J on 14 September 2018 should be affirmed. The paramount consideration in this hearing was the need to ensure adequate protection of the community. The court concluded that a supervision order would be efficacious in constraining Mr O'Connor's behaviour by preventing the opportunity for him to commit sexual offences and providing for mechanisms that would detect any deterioration in his conduct. The court was satisfied that a supervision order would be efficacious in managing the risk of Mr O'Connor reoffending.

The court decided that a supervision order should be imposed for a period of five years, with regular reviews to monitor Mr O'Connor's progress. The court noted that the scheme established under the Act provided for regular reviews of persons who are the subject of supervision orders, allowing for monitoring and reconsideration of Mr O'Connor's progress. The court concluded that a supervision order would provide adequate protection in that respect. The court ordered that Mr O'Connor be released from custody on or before 10 am on 25 August 2020, subject to a supervision order for a period of five years until 25 August 2025, with the requirements set out in the schedule to the court's reasons. If Mr O'Connor breached any of the rules in the supervision order, the police or Queensland Corrective Services had the power to arrest him, and the court might order that he go back to prison.