Australian Brumby Alliance Inc v Parks Victoria (No 2)

The Australian Brumby Alliance Inc applied to the Supreme Court of Victoria for a renewal of a detention order against the respondent, Parks Victoria, in relation to a person detained in the Marlborough Unit at Port Phillip Prison. The primary contention was whether the detention order should be renewed, given the respondent's history of posing a risk of committing serious sex or serious violence offences. The respondent did not contest the renewal of the order but argued for a shorter duration. The case hinged on the risk assessment of the respondent and the availability of alternative measures.

The court needed to determine if the evidence supported the continued detention of the respondent under the Serious Offenders Act 2018. The primary legal issue was whether the risk posed by the respondent warranted continued detention, and if so, for how long. The court considered the respondent's progress and the ongoing risk, as well as the availability of less restrictive options. The court also had to balance the respondent's rights against the need to protect the community.

The court found that the respondent remained an unacceptable risk of committing serious offences if not detained. Despite progress, the respondent still posed a significant threat, and no less restrictive options were currently available. The court accepted that authorities were exploring all possible alternatives. The court determined that a two-year duration for the detention order was appropriate, considering the respondent's history and the need for continued management of the risk. The court renewed the detention order for a period of two years, balancing the risk to the community with the respondent's rights.

The final order of the court was to renew the detention order for a period of two years, acknowledging the risk posed by the respondent while recognising the need for ongoing management and exploration of less restrictive options. The court emphasised the importance of continuous assessment and the availability of alternative measures to ensure the safety of the community.