State of New South Wales v Currie (Final)

The case before the Court involved the State of New South Wales and the defendant, Mr Currie. The dispute centred on an application by the State for an extended supervision order (ESO) under the Crimes (Serious and Organised Crime Control) Act 2005 (NSW). The Court was tasked with determining whether Mr Currie posed an unacceptable risk to the public, necessitating the imposition of an ESO. Furthermore, the Court had to consider the impact of the National Disability Insurance Scheme (NDIS) support package on the risk assessment and the appropriate duration, conditions, and directions for the ESO.

The legal issues before the Court included the interpretation of the term "unacceptable risk" under section 5B(d) of the Act, the relevance of protective measures such as the NDIS support package in the risk assessment, and the appropriate duration, conditions, and directions for the ESO. The Court had to determine whether the NDIS support package could be considered a form of risk management and if its existence could negate the need for an ESO. Additionally, the Court had to balance the public interest in preventing serious and organised crime against the rights and circumstances of the individual.

The Court found that the NDIS support package provided to Mr Currie constituted an indirect means of risk management. However, the Court held that this should be considered in the context of what would be applicable in the absence of an ESO or an ISO. Despite the existence of the NDIS support package, the Court concluded that Mr Currie still posed an unacceptable risk to the public. Consequently, the Court imposed an ESO for a period of five years, with specific conditions and directions to manage the risk effectively. The Court determined that the ESO was necessary to ensure public safety and to provide a framework for ongoing monitoring and support for Mr Currie.

The final orders included the imposition of an ESO for a period of five years, with conditions that Mr Currie participate in a mental health treatment program, comply with a curfew, and maintain regular contact with a supervision officer. The Court also directed that Mr Currie's NDIS support package be reviewed periodically to ensure it continued to address the risks identified.