When determining whether to make a continuing detention order under s 5D of the Crimes (High Risk Offenders) Act 2006 (NSW), the court must separately and substantively evaluate the effectiveness of the proposed conditions of an extended supervision order in reducing the identified risks, rather than merely assessing the risk posed by unsupervised release. The court must also have regard to the Corrective Services risk management report required by s 17(4)(d1), and failure to do so constitutes material error. The test of 'adequate supervision' in s 5D is not anchored to the assessment of 'unacceptable risk' under s 5B but involves a wider-ranging inquiry including rehabilitation.
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