Attorney-General for the State of Queensland v Robinson

In the case of Attorney-General for the State of Queensland v Robinson, the respondent, a dangerous sexual offender, had contravened the terms of a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003. The dispute arose from the respondent's failure to comply with reasonable directions of a corrective services officer and other conditions stipulated in the supervision order. Both psychiatrists who assessed the respondent’s risk level on supervision deemed it moderate, and neither provided an opinion that would warrant the respondent's continued detention. The sole issue before the court was whether the supervision order should be extended.

The court was tasked with determining whether there were "exceptional circumstances" under section 21(4) of the DPSOA that would justify the respondent's release pending the final hearing of the application. Given the moderate risk assessment and the absence of an opinion supporting continued detention, the court had to weigh the potential risks against the rights of the respondent. The court found that the respondent's release would not pose an unacceptable risk to the community, taking into account the moderate risk assessment and the lack of evidence suggesting otherwise.

Ultimately, the court ruled that there were exceptional circumstances justifying the respondent's release pending the final hearing of the application. Consequently, the order rescinding Order (2) of the order made by Chief Justice Holmes on 28 April 2020 was upheld. The respondent was to be released from custody on 24 July 2020, subject to the supervision requirements of the order made by Bond J on 15 June 2015, until the application filed on 28 April 2020 was finally decided.