On an annual review under s 33 of the Dangerous Sexual Offenders Act 2006 (WA), the court must make its own independent assessment of whether a supervision order would provide adequate protection of the community, based on the evidence at the current review, and is not bound by findings at previous hearings. The onus under s 7(2) remains on the DPP and is not diluted by the use of 'remains' in s 33. The principal purpose of detention under the Act is the adequate protection of the community, with treatment being an additional purpose; detention does not become punitive merely because further treatment is unavailable or considered futile. The suitability of proposed accommodation for a supervision order requires assessment of the surrounding environment, the capacity of household members to assist in supervision, and the respondent's demonstrated attitude towards compliance.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
4 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.