Attorney-General for the State of Queensland v Salmon

The case involves the Attorney-General for the State of Queensland bringing an application for a review of a continuing detention order against the respondent, pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The respondent, a 34-year-old male with a history of both dishonesty and sexual offenses, has been detained under the DPSOA. The application follows the second review of the detention order, during which the respondent has participated in psychological treatment.

The central legal issues the court had to address were whether the respondent remained a serious danger to the community in the absence of a Division 3 order under the DPSOA and whether the adequate protection of the community could be ensured by releasing the respondent on a supervision order. The court had to consider the psychiatrists' evidence and weigh the risks of reoffending against the benefits of releasing the respondent under controlled conditions.

The court determined that the respondent was indeed a serious danger to the community, as affirmed in the earlier decision. However, the court found that the risk of reoffending by the commission of a serious sexual offense while on supervision was moderate, given the respondent's ongoing psychological treatment and compliance with the proposed supervision order. The court concluded that adequate protection of the community could be ensured through the supervision order, which includes specific reporting and supervision requirements. The court was satisfied that these conditions could be reasonably and practicably managed by Corrective Services officers.

The court thus affirmed the earlier decision that the respondent is a serious danger to the community in the absence of a Division 3 order. It rescinded the continuing detention order and ordered the respondent's release on 7 November 2024, subject to a supervision order for a period of 10 years until 7 November 2034. This supervision order includes specific conditions for reporting and supervision to mitigate the risk of reoffending.