Attorney-General (Qld) v Turnbull

The matter before the court involved the Attorney-General of Queensland seeking a Division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in relation to the respondent, Turnbull, who had committed multiple predatory sexual offences against adult women. Turnbull had not yet been given the opportunity to complete the sex offenders program. The central legal issue was whether there were reasonable grounds to believe that Turnbull posed a serious danger to the community in the absence of a Division 3 order and whether the court should order an examination of Turnbull by two independent psychiatrists.

The court considered the seriousness of the offences committed by Turnbull and the potential risk he posed to the community. The court noted that Turnbull had not yet completed the sex offenders program, which could provide valuable insights into his risk profile and potential for rehabilitation. The court concluded that there were reasonable grounds for believing that Turnbull was a serious danger to the community and ordered that he undergo examination by two independent psychiatrists, Professor Barry Nurcombe and Dr Donald Grant. Additionally, the court directed the applicant to file further affidavit material and a precise list of the parts of the affidavits and exhibits on which they intended to rely by 20 May 2014.

The court set the application for a Division 3 order to be heard on 10 June 2014 and instructed both parties to comply with Practice Direction 6 of 2012, unless excused by a Judge. Liberty to apply was granted. This decision underscores the court's cautious approach in dealing with serious and violent offenders, ensuring that all available information is considered before making a determination on the imposition of a Division 3 order.