A moderate risk of sexual reoffending (being the risk of the average sex offender released from custody), combined with the inherently grave harm associated with child sexual offending, does not necessarily constitute an 'unacceptable risk' under s 9(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic). The statutory regime contemplates that some level of risk remains acceptable even for offenders imprisoned for the most serious sexual offending. The appellate standard for reviewing an unacceptable risk finding is whether the conclusion was 'not reasonably open' on the evidence.
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