The standard of proof under s 7(1) of the Serious Sex Offenders Act 2013 (NT) is not the ordinary civil standard but requires the court to be satisfied to a high degree of probability that the person is a serious danger to the community — a standard well above the civil standard and approaching the criminal standard. Psychiatric risk assessment tools not validated for Indigenous Australians may still be used as part of structured professional judgment, which is current best practice, provided the limitations are disclosed. The Commissioner of Correctional Services has no statutory obligation to provide accommodation outside a correctional centre, and the absence of such accommodation does not preclude the making of a continuing detention order.
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