The 'adequate supervision' referred to in s 17(3) of the Crimes (Serious Sex Offenders) Act 2006 does not require supervision that eliminates the risk of further serious sex offences, but supervision that is reasonably likely to reduce the risk. A finding that an offender poses an unacceptable risk of committing a serious sex offence does not necessarily lead to a continuing detention order; the Court must separately assess whether an extended supervision order can provide adequate supervision. The unsuitability of custodial rehabilitation programs for a particular offender is a relevant factor weighing against a continuing detention order.
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