Attorney-General for the State of Queensland v YCJ

The case involved the Attorney-General for the State of Queensland against YCJ, a respondent who had contravened a supervision order made under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). The contraventions included undisclosed contact with children under 16, including the respondent's daughter, without the approval of corrective services. The case was heard in the Supreme Court of Queensland. The legal issues before the court were whether the supervision order should be extended and whether there were exceptional circumstances under s 21(4) of the DPSOA justifying the release of the respondent pending the final hearing of the application.

The court considered the risk assessment of the respondent, which was determined to be moderate or below by both psychiatrists. Neither psychiatrist gave an opinion that would justify the continuing detention of the respondent. The only issue in contention was whether the supervision order ought to be extended. The court held that the only issue in contention was whether the supervision order ought to be extended. The court noted that the final hearing of the application was set for 13 July 2020, and that there were exceptional circumstances justifying the release of the respondent pending the final hearing of the application.

The court rescinded Order (3) of the order of North J made on 18 December 2019 and ordered the respondent to be released from custody between 9.00 am and 11.00 am on 29 June 2020, subject to the supervision requirements of the supervision order of Chief Justice Holmes on 4 April 2016, until the application filed on 18 December 2019 is finally decided.