The 'high degree of probability' standard under s 13(3) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) must be understood in light of the fundamental common law right to personal liberty, applying the [name withheld] flexibility principle. Actuarial risk assessment instruments (PCL-R, HCR-20, Static-99, SVR-20) combined with clinical judgment constitute acceptable, cogent evidence capable of satisfying this standard. A respondent's persistent refusal to engage in rehabilitation programs over an extended period, combined with moderate to high actuarial risk scores and anti-social personality disorder, may justify a continuing detention order even where community support proposals exist, where the risk cannot be adequately managed by supervision.
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