Attorney-General (Qld) v Valence

In the case of Attorney-General (Qld) v Valence, the Attorney-General sought orders in relation to Kerry Patrick Valence, a person previously convicted of serious sexual offences against children, under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The primary issue for the court was whether the adequate protection of the community could be ensured by the existing supervision order, despite the respondent's contravention of the order.

The respondent admitted to contravening the supervision order by having contact with children without reporting it as required. The court considered the psychiatric evidence which suggested that the respondent remained at high risk of further sexual offending against children, and that the contraventions represented predatory grooming behaviour. The court noted that the respondent had refused sexual offender therapy programs and anti-libidinal medication, which were considered effective forms of treatment for recidivist offenders. The court concluded that the risk of reoffending could only be substantially reduced by a supervision order amounting to some form of house arrest, monitoring and escorted movements, which the respondent had refused to participate in.

The court rescinded the supervision order made on 21 November 2016 and ordered that the respondent be detained in custody for an indefinite term for care, control and treatment. The court found that the adequate protection of the community could not be ensured by the existing supervision order, despite the respondent's contravention of the order.