The 'adequate protection of the community' in s 22(2) and s 22(7) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) refers to protection from the risk of a prisoner committing a 'serious sexual offence' as defined in the Act — not protection from all sexual offences however minor. An offence of forcibly placing a victim's hand on the offender's genitals, without evidence of significant psychological harm, does not constitute 'violence' within the Act's definition of 'serious sexual offence', applying Phineasa. Where unchallenged psychiatric evidence supports release on a supervision order and the risk is of impulsive low-level sexual offending rather than serious sexual offending, a supervision order should be preferred to continuing detention.
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