Under s.17(3) of the Crimes (Serious Sex Offenders) Act 2006 (NSW), the onus is on the Attorney General to positively establish, to a high degree of probability, that adequate supervision will not be provided by an extended supervision order. Mere uncertainty about whether a proposed treatment regime will be effective does not satisfy this standard. Where the consensus of expert opinion supports the adequacy of an extended supervision order, a continuing detention order cannot be made absent positive evidence that the supervision would be inadequate.
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