The Crimes (High Risk Offenders) Act 2006 (NSW) does not infringe the Kable principle and is constitutionally valid, being materially indistinguishable from the Queensland legislation upheld in Fardon. Section 5B does not confer a discretion; the discretion arises under s 9(1) after the Court is satisfied the offender is a high risk offender. Where s 22(3) of the Act applies, leave is required only under that section, not under s 101(2) of the Supreme Court Act 1970 (NSW). The absence of an express requirement to give reasons in the Act does not render it invalid, as the duty to give reasons is an ordinary incident of the judicial function in civil proceedings.
The full text is available to signed-in members, including the 29 later cases that cite this judgment.
5 of the 29 citing cases carry a classified treatment. How each court treated it is available to signed-in members.