A determination of 'exceptional circumstances' under s 21(4) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) necessarily involves an examination of whether adequate protection of the community can be ensured by the conditions in a Supervision Order pending the final determination. Where psychiatric evidence raises serious unresolved concerns about a prisoner's ability to be managed in the community, the prisoner will not have discharged the onus of establishing exceptional circumstances.
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