The risk of committing serious sexual offences (as defined in the Act) must be distinguished from the risk of committing other sexual offences such as wilful exposure; an offender cannot be detained if the only risk is of non-serious sexual offences. Where an offender's serious sexual offending follows a predictable pattern (such as offending against known child victims after building a relationship), conditions in a supervision order that target those specific risk factors may provide adequate community protection without the need for indefinite detention. The court will prefer a supervision order over indefinite detention where adequate protection can be achieved, as the Act requires the court to do no more than is necessary.
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