On review of a continuing detention order under s 27 of the DPSOA, the onus is on the Attorney-General to satisfy the court that adequate protection of the community cannot be reasonably and practicably managed by a supervision order. A respondent's engagement in counselling, preparation of a relapse prevention plan, expressed willingness to comply with supervision, and advancing age may be sufficient to prevent the Attorney-General from discharging that onus, even where the risk of sexual reoffending remains moderately high to high.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.