The State of Western Australia v UJG [No 2]

This case involved an application by the State of Western Australia under s 48 of the High Risk Serious Offenders Act 2020 (WA) for a restriction order in respect of the respondent, UJG. The State submitted that the respondent is a high risk serious offender and that it is necessary that he be detained in custody for an indefinite term for control, care or treatment, or in the alternative, that should he be released, then he be subject to a supervision order under the HRSO Act. The court was required to determine whether the respondent is a high risk serious offender and whether it was necessary to make a restriction order to ensure the adequate protection of the community. The court found that the respondent was a high risk serious offender and that it was necessary to make a restriction order to ensure the adequate protection of the community. The court determined that the risk of reoffending may be adequately managed in the community with the imposition of a supervision order for a period of 4 years. The court made a supervision order in relation to the respondent, for a period of 4 years from 16 March 2023, on the following conditions: the respondent must report to a Community Corrections Officer within 48 hours of being issued this order and advise the officer of his current name and address; report to and receive visits from a Community Corrections Officer as directed by the court; notify a Community Corrections Officer of every change of his name, place of residence, or place of employment at least 2 business days before the change happens; be under the supervision of a Community Corrections Officer and comply with any reasonable direction of the officer; not leave, or remain out of the State of Western Australia without the permission of a Community Corrections Officer; not commit a serious offence during the period of the order; be subject to electronic monitoring under section 31 of the HRSO Act; take up residence at a specified address and spend each night at that address or at a different address only if such different address is approved in advance by a Community Corrections Officer assigned to him; not commence or change paid or unpaid employment, education, training or volunteer work without the prior approval of the Community Corrections Officer; comply with the requirements of all programs designed to address his offending behaviour and/or risk of serious re-offending, as directed by a Community Corrections Officer; attend all appointments and receive visits from any medical practitioner, psychiatrist, psychologist, counsellor, support service and/or support person nominated by a Community Corrections Officer, as directed by a Community Corrections Officer; report to the Officer-in-Charge of the High Risk Serious Offender team within 48 hours of receiving this Order, and thereafter report to and receive visits from Police at times and at locations as directed by the Officer-in-Charge of the High Risk Serious Offender team or his/her delegate; comply with all obligations imposed on him pursuant to the Community Protection (Offender Reporting) Act 2004; if requested, permit Police Officers to enter and search his person, residence and/or vehicle for the purpose of monitoring his compliance with his obligations under this Order and allow the seizure of any such items that the Police Officers believes to contravene the conditions of the Order; remain at his premises and/or vehicle when Police Officers conduct a search of his residence and/or vehicle; agree to the exchange of information between persons and agencies involved in the implementation and supervision of this order, including confidential information; allow the Community Corrections Officer, WA Police, or other person or agencies approved by the Community Corrections Officer, to interview any associates or potential associates and, where appropriate to disclose to them confidential information including his offending history; have no contact, directly or indirectly, with the victims of his sexual offending, unless such contact is conducted in accordance with agreements made through, or approved by, the Victim-offender Mediation Unit of the Department of Justice; unless contact with victims is permitted pursuant to the previous condition, immediately physically withdraw from any situation or immediate location in which contact is made with any victim of his sexual offending (including being in the immediate presence of any victim), without engaging in conversation with any victim whether by word or gesture, and must avert his gaze from such victims at all times; report to the Community Corrections Officer and WA Police any direct or indirect contact with the victims of his sexual offending within 48 hours of such contact occurring; not commit any criminal offence where the maximum penalty for which includes imprisonment; not commit any offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996; not breach any provision of, or commit any offence under, the Restraining Orders Act 1997; not assault, threaten, insult, or behave in an intimidating manner to a member of the Departmental staff or any agent providing a service on behalf of the Department of Justice; attend any medical practitioner, psychologist, psychiatrist, or counsellor as directed by the supervising Community Corrections Officer and obey the instructions of the practitioner with regard to treatment, and if he consents to commencing medication treatment, including anti-depressant medication or anti-libidinal treatment, take that medication as directed by the Community Corrections Officer in consultation with a medical practitioner or practitioners; undertake any medication regime in accordance with a medical practitioner's direction, and to comply with all testing to monitor his compliance with that treatment as directed by a Community Corrections Officer; permit any medical practitioner, psychologist, psychiatrist or counsellor to disclose details of medical treatment and opinions relating to his level of risk of re-offending and compliance with treatment to the Department of Justice; permit any medical practitioner to advise the Community Corrections Officer immediately if they become aware or suspect that he has, or intends to cease undergoing pharmaceutical anti-libidinal and or anti-depressant medication contrary to the advice of the medical practitioner or medical practitioners, or he has ceased to consult with that medical practitioner or medical practitioners in respect of the treatment; not associate with any person known by him to have committed a sexual offence unless such association is authorised in advance by the Community Corrections Officer; have no contact with any child under the age of 18 years, whether such contact is in person, in writing, by telephone or by electronic means, unless: (a)the contact is authorised in advance by the Community Corrections Officer and such contact is supervised at all times by an adult approved in advance by the Community Corrections Officer; (b)the contact is necessary to complete a commercial transaction and limited to the minimum contact required to complete the transaction; provide the name, address, location and any details known by him, of any contact with a child under the age of 18 years both to his Community Corrections Officer and to the Police on the next occasion he reports to that person or agency; report at his next contact with his Community Corrections Officer and Police any association or relationship by him with a person who has a child, or children under the age of 18 years in their care either full time or part time; not form any domestic relationship with a person who has a child, or children under the age of 18 years in their care either full time or part time, without prior approval of a Community Corrections Officer; report at his next contact with his Community Corrections Officer, the formation of any social association (of more than 2 contacts by any means), domestic, romantic, sexual or otherwise intimate relationship by him with any person; as directed