Where an alleged contravention of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) goes to the heart of the conditions central to the prisoner's capacity to live in the community without offending, the court will require tangible evidence beyond departmental compliance records to be satisfied that exceptional circumstances exist under s 21(4). A prisoner seeking interim release in such circumstances should ordinarily swear an affidavit addressing compliance. The court must also consider whether the psychiatric assessments underpinning the original release remain reliable in light of the alleged contravention.
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