Secretary to the Department of Justice and Community Safety v SJW (No 2)

The Secretary to the Department of Justice and Community Safety filed a case against SJW, a respondent who had previously been subject to an intensive treatment and supervision condition but had now transitioned back into the community. The court was required to determine whether a supervision order should be confirmed with the same conditions, given the respondent's history of violent offending and the psychologist's evidence that the respondent still posed a high risk of future violent offending, despite progress. The applicant also sought to challenge the respondent's request for a non-publication order.

The court examined the evidence presented by the psychologist and found it to be unchallenged, indicating that the respondent still posed a high risk of future violent offending. The court also considered the provisions of the Serious Offenders Act 2018, which outlined the requirements for confirming a supervision order and the criteria for making a non-publication order. The court determined that the supervision order should be confirmed with the same conditions as before, given the ongoing risk posed by the respondent. The court also found that the respondent's privacy interests outweighed the public's right to know, and made a non-publication order in favour of the respondent.

The court's decision confirmed the supervision order with the same conditions as before, and made a non-publication order in favour of the respondent. The court's reasoning was based on the unchallenged evidence of the psychologist, and the provisions of the Serious Offenders Act 2018. The court recognised the respondent's privacy interests and found that they outweighed the public's right to know. The court's decision ensures that the respondent continues to receive the necessary treatment and supervision to manage their risk of future violent offending, while also protecting their privacy interests.