The Tribunal determined that the patient's supervision order was no longer warranted and issued a certificate recommending the Supreme Court revoke the order and release the patient unconditionally. Applying ss 34 and 35(1) of the Criminal Justice (Mental Impairment) Act 1999 (Tas), the Tribunal found the patient's risk of endangering others was low, that her intellectual disability and complex trauma did not constitute a treatable mental illness, that the forensic mental health service provided no direct treatment, and that her partial compliance with conditions reflected the limited utility of the order rather than a risk factor. The case illustrates that where a supervision order has ceased to serve any practical supervisory or therapeutic function and the patient's risk profile has materially diminished over time, the principle of minimum restriction on freedom and autonomy under s 34 favours revocation.
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