The State of Western Australia v Mills [No 2]

This case concerned an application by the State of Western Australia for a restriction order in relation to Mr Mills, pursuant to the High Risk Serious Offenders Act 2020 (WA) (HRSO Act). The State applied for a restriction order on the basis that Mr Mills was a high risk serious offender, as defined in s 7(1) of the HRSO Act. The application was heard by Van Dongen J on 8 and 9 March 2023. Both parties submitted that if Mr Mills was found to be a high risk serious offender, then a supervision order should be made in relation to him, pursuant to s 48(1)(b) of the HRSO Act. At the hearing Mr Mills conceded that he was a high risk serious offender. The court was satisfied that the State could make the application for a restriction order in relation to Mr Mills, and that Mr Mills was a high risk serious offender. The court was also satisfied that Mr Mills would substantially comply with the standard conditions of a supervision order. The court therefore made a supervision order in relation to Mr Mills for a period of 5 years.