Attorney General of the Northern Territory v EE (No.3)

In the matter of Attorney General of the Northern Territory v EE (No.3), the Court was tasked with determining whether to revoke a final supervision order made under the Serious Sex Offenders Act and impose a final continuing detention order in its place. The respondent had been subject to a final supervision order since 21 October 2013, following an interim supervision order. The current dispute arose from the respondent's consumption of alcohol and cannabis, and the use of a mobile telephone with internet capabilities to access pornography, which were breaches of specific conditions of the final supervision order. The Court had to decide whether it was appropriate to revoke the supervision order and impose a final continuing detention order, given the respondent's history of contraventions.

The primary legal issue was whether the cumulative effect of the respondent's current contraventions warranted revocation of the final supervision order. Section 58 of the Act required the Court to revoke the supervision order and make a final continuing detention order unless satisfied it would not be appropriate to do so. The Court had to balance the paramount consideration of protecting victims or potential victims, their families, and the community, against the secondary consideration of providing rehabilitation, care, and treatment for the respondent. The Court also had to consider whether the respondent's current risks could be appropriately managed under the supervision order.

The Court found that the cumulative effect of the current contraventions, particularly the respondent's preparedness to breach orders designed to protect the community from further sexual offending, indicated that it was no longer reasonably practicable for the respondent to be appropriately managed in the community. The Court concluded that the risk posed by the respondent had increased, and it was not appropriate to continue the supervision order. Therefore, the Court revoked the final supervision order and imposed a final continuing detention order pursuant to Section 58(b)(ii) of the Act.

The Court ordered that the final supervision order made on 21 October 2013 be revoked and that a final continuing detention order be made in its place. The respondent was to be detained in accordance with the terms of the final continuing detention order. This decision was based on the cumulative effect of the respondent's current contraventions, which demonstrated a willingness to breach orders designed to protect the community, and the elevated risk of the respondent committing another serious sex offence. The Court's decision was guided by the need to balance the paramount consideration of protection with the secondary consideration of rehabilitation, care, and treatment.