Attorney-General (Qld) v FLM

The case of Attorney-General (Qld) v FLM involves a respondent who was convicted of sexual offences and was released to the community under a supervision order in November 2015, with a duration of 10 years. The respondent was alleged to have contravened the supervision order, leading to a hearing concerning whether a Continuing Detention Order or an amended Supervision Order was required to ensure the adequate protection of the community. The application was made under section 22 of Part 2, Division 5 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (DPSO).

The central legal issue was whether the adequate protection of the community could be ensured by a Supervision Order, despite the respondent's contravention, or if a Continuing Detention Order was necessary. The respondent argued that an amended Supervision Order could provide adequate protection, while the applicant contended that the evidence supported a Continuing Detention Order and that the respondent had not discharged the onus to show that community protection could be achieved through an amended Supervision Order.

The Court considered the psychiatric evidence and expert opinion regarding the respondent's risk of re-offending. Dr Josephine Sundin, a consultant psychiatrist, assessed the respondent's risk as high due to his entrenched pattern of offending, poor self-awareness, and lack of insight. The respondent's history of contraventions and negative attitude towards intervention further supported the applicant's contention. The Court found that the respondent had not discharged the onus to demonstrate that the adequate protection of the community could be ensured by a Supervision Order.

Consequently, the Court rescinded the Interim Detention Order and the Supervision Order made on 2 November 2015. The respondent was ordered to be detained in custody for an indefinite term for control, care, and treatment under the DPSO Act.