The Court was satisfied at the preliminary hearing stage that the supporting documentation, taken at its highest, would if proved justify the making of an extended supervision order against a serious sex offender under s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW). The primary risk identified was online grooming offences rather than contact offending or aggravated child abuse material offences under the Criminal Code Act 1995 (Cth). The Court confirmed that the preliminary hearing task is analogous to committal proceedings, requiring the court to assume the supporting material will be proved at a final hearing, and that the relevant risk concerns serious sex offences as defined in the Act rather than technical ESO breaches or non-serious offences.
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