Attorney-General for the State of Queensland v WTA

The respondent, an Indigenous man from Mount Isa, was the subject of a supervision order made in 2017 under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The order was based on the respondent's convictions for various sexual offences against children. However, these convictions were later set aside by the Court of Appeal due to the respondent's incapacity to plead to the offences. The issue before the court was whether the supervision order should be set aside given the respondent's lack of capacity and the subsequent loss of jurisdiction to make orders under the DPSOA.

The court considered the impact of the Court of Appeal's decision on the validity of the supervision order. The Court of Appeal had determined that the respondent lacked the capacity to plead to the offences, rendering the pleas invalid. Consequently, if the court had been aware of this fact at the time of making the supervision order, the respondent would have been entitled to resist the making of the order. The court also noted that the respondent was no longer a prisoner within the meaning of the DPSOA, further impacting the court's jurisdiction.

After careful consideration, the court concluded that the supervision order should be set aside. This decision was made in light of the respondent's lack of capacity to plead to the offences, the invalidity of the pleas, and the resultant loss of jurisdiction. The court also addressed the respondent's application to vary the release order made under the Bail Act 1980 to remove references to Corrective Services, given that Corrective Services no longer exercised any powers of supervision over the respondent. The court found that it had the power to vary the release order and made the necessary amendments.

The court issued orders setting aside the supervision order under the DPSOA and amending the release order under the Bail Act to reflect the changed circumstances. The supervision order was set aside on the basis that the respondent lacked capacity to plead to the offences, and the release order was amended to remove references to Corrective Services and instead reference the Office of the Public Guardian.