The concepts and criteria under the High Risk Serious Offenders Act 2020 (WA) for determining whether a person is a 'high risk serious offender' are substantially the same as those under the repealed Dangerous Sexual Offenders Act 2006 (WA) for determining 'serious danger to the community', and the existing jurisprudence under the DSO Act remains applicable. A breach of an undertaking, while a significant factor, does not necessarily preclude a supervision order where the breach occurred in the absence of psychological treatment and the conditions of the supervision order include treatment and monitoring measures that were not in place at the time of the breach. Outstanding treatment needs do not automatically require that an offender be detained until those needs are addressed in custody.
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