Director of Public Prosecutions for Western Australia v Williams

[2012] WASCA 32

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Dangerous sexual offenders
3. › Supervision order
4. › Conditions
5. › Whether court has power to order periodic review of supervision order during its currency
6. › Whether s 18(2) authorises conditions extending court's jurisdiction
7. › Dangerous Sexual Offenders Act 2006 (WA), ss 17(1)(b), 18(2), 20, 23, 33
1. Statutory Interpretation
2. › Construction of statute as a whole
3. › Express powers exhaustive of court's jurisdiction
4. › Whether power to impose conditions includes power to extend court's own powers
5. › Implied powers excluded by comprehensive statutory scheme

Quick Take

The Supreme Court has no power under the Dangerous Sexual Offenders Act 2006 (WA) to order periodic court review of a supervision order during its currency. Section 18(2), which permits 'any other terms' the court thinks appropriate, does not authorise conditions that extend the court's own involvement after making a final supervision order. The term of a supervision order is separate from its conditions and cannot be amended under s 20, though it may be varied under s 23(1)(a) upon proof of contravention.