Attorney-General for the State of Queensland v SLS

In the case of Attorney-General for the State of Queensland v SLS, the Court was presented with an application for the first annual review of a continuing detention order made in 2019 under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The central issue was whether the respondent had the capacity to make the decisions required to conduct the review of his continuing detention order under the DPSO Act. Additionally, the Court had to determine whether the question of the respondent's capacity should be referred to the Queensland Civil and Administrative Tribunal (QCAT) for determination.

The Court considered the key decisions required of a person facing DPSO Act proceedings, as identified by Member Kanowski in a previous case. These decisions include whether to engage a lawyer, whether to present evidence, the type of evidence to be presented, whether to cross-examine witnesses, and what questions to ask in cross-examination. The Court noted that a person subject to a continuing detention order may also wish to decide whether an application to the Supreme Court for leave to initiate a review should be made. The Court highlighted the importance of being able to make informed and rational decisions about how to conduct a DPSO Act proceeding and to engage with the real questions before the court.

In reaching its decision, the Court found that the respondent's capacity to respond to the DPSO Act proceedings should be referred to QCAT for determination. The Court also ordered that the application for the first annual review be listed for review on Friday, 30 July 2021, and granted the parties liberty to apply generally. The Court further directed that the Registrar of the Supreme Court provide a copy of the relevant material to the Registrar of QCAT and obtain an update on the progress of the referral by 4pm on Friday, 23 July 2021.