The Court affirmed the continuing detention order, finding the respondent remained a high risk serious offender under the HRSO Act 2020 (WA) due to his unmitigated cognitive impairment, substance use disorder, antisocial personality traits and history of indiscriminate sexual offending. The Court confirmed that the jurisprudence established under the repealed DSO Act remains applicable to CDO reviews under the HRSO Act, with the same substantive criteria applying. The Court identified a 'catch-22' created by the NDIA's policy of refusing predictive planning for NDIS funding — requiring a confirmed release date before assessing funding — which effectively prevents offenders with disabilities from securing the supported accommodation necessary for release on a supervision order, and described this situation as unacceptable.
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