State of New South Wales v Anderson (No 6)

The defendants in this case were high risk sex offenders seeking judicial review of their detention under the Sex Offenders Registration Act 2004 (NSW). The State of New South Wales sought continuing detention orders for the defendants, who were already subject to supervision orders. The defendants argued that they were no longer a risk to the community and that their detention was an infringement of their human rights. The case was heard in the Supreme Court of New South Wales.

The court was required to consider the evidence of the defendants’ risk of reoffending and whether their detention was necessary for the protection of the community. The court also needed to consider whether the defendants were receiving adequate supervision and whether an extended supervision order would be sufficient to manage their risk. The court had to balance the defendants' right to liberty with the need to protect the community from high risk sex offenders.

The court found that the defendants were still a risk to the community and that their detention was necessary for the protection of the community. The court accepted the psychiatric evidence that the defendants had a high risk of reoffending and that they required ongoing supervision. The court found that an extended supervision order would not be sufficient to manage their risk and that continuing detention was necessary. The court also found that the defendants' human rights were not infringed by their detention.

The court made continuing detention orders for the defendants, subject to certain conditions. The defendants were ordered to comply with a number of requirements, including regular reporting to a supervising officer, not to possess pornography, and to undergo regular psychiatric assessment. The court also ordered that the defendants be provided with appropriate treatment and support to manage their risk of reoffending.