The discretion under s 13(5) of the Dangerous Prisoners (Sexual Offenders) Act 2003 to choose between a continuing detention order and a supervision order is exercised having regard to all the evidence, without any formal onus on the Attorney-General to prove that a supervision order would be inadequate. The reasonableness of supervision order requirements is assessed by reference to the resources of the State of Queensland, not the current budget allocation of the Department of Corrective Services. The court left open whether an unreasonable failure by the State to provide suitable facilities for supervision and rehabilitation could preclude the making of any order under the Act.
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