Attorney-General for the State of Queensland v Watt

In the case of Attorney-General for the State of Queensland v Watt, the respondent, Mr Watt, was subject to a supervision order stemming from a series of sexual offences, with the order initially set to last until May 9, 2031. Mr Watt had twice contravened this supervision order, prompting the Attorney-General to apply for an annual review. Initially, the Attorney-General argued for a continuing detention order, but following Mr Watt's initiation of anti-libidinal treatment, both parties agreed that he should be released under a supervision order. The court's task was to determine whether adequate community protection could be achieved through a supervision order.

The court identified that the primary consideration in determining the appropriate order under sections 30(3)(a) or (b) was ensuring adequate community protection. It also had to consider whether a supervision order could reasonably and practicably manage this protection and whether Corrective Services could manage the requirements under section 16. Mr Watt's extensive criminal history and multiple convictions for sexual offences were noted, with his latest sentencing resulting in a head sentence of 18 months imprisonment, which expired on September 20, 2024, leaving him in custody under the Continuing Detention Order. The court accepted the findings of psychiatrists and psychologists regarding Mr Watt's risk profile and his need for ongoing anti-libidinal medication.

The court concluded that the evidence supported the finding that Mr Watt presented a "serious danger to the community" without the supervision order. It determined that adequate protection could be reasonably and practicably managed through a supervision order, considering Mr Watt's compliance with the anti-libidinal medication and the extended duration of the order. The supervision order would ensure close monitoring by Corrective Services and regular checks on Mr Watt's medication compliance. Given these factors, the court decided in favour of releasing Mr Watt under a supervision order.

Pursuant to section 30(1) of the Dangerous Prisoners (Sexual Offenders) Act 2003, the court affirmed the decision that Mr Watt was a serious danger to the community in the absence of a Division 3 order. The continuing detention order made on February 15, 2023, was rescinded, and Mr Watt was released from custody, subject to the supervision order for a period of 10 years, until September 23, 2034.