Attorney-General for the State of Queensland v WMS

The case involved an application by the Attorney-General for the State of Queensland seeking orders for the continued detention or release subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The respondent, WMS, was due for release in August 2021 and had a history of sexual offences against children. The legal issues before the court were whether WMS was a serious danger to the community in the absence of a Division 3 order and whether adequate protection of the community could be ensured by WMS's release on a supervision order.

The court found that WMS was a serious danger to the community in the absence of a Division 3 order. The court was satisfied by acceptable, cogent evidence and to the high degree of probability required by the DPSO Act that WMS is a serious danger to the community in the absence of a Division 3 order. The court found that adequate protection of the community could be reasonably and practically managed by the terms of the proposed supervision order.

The court ordered that WMS be released from custody subject to a supervision order containing the conditions appearing in Annexure A to these reasons. The supervision order included conditions such as reporting to a corrective services officer, allowing the officer to visit WMS's home, obeying reasonable directions, answering questions truthfully, and notifying the officer of any changes to WMS's name, address, or employment. The supervision order was to last for a period of 10 years.

In conclusion, the court found that WMS was a serious danger to the community in the absence of a Division 3 order but that adequate protection of the community could be ensured by WMS's release on a supervision order. The court made orders for WMS's release subject to a supervision order containing specific conditions.