The Court found the respondent to be a high risk serious offender under s 7(1) of the High Risk Serious Offenders Act 2020 (WA), being satisfied to a high degree of probability that there was an unacceptable risk he would commit a serious sexual offence against prepubescent female children, and that it was necessary to make a restriction order. Applying the two-step evaluative framework from Garlett and D'Rozario [No 3], the Court confirmed that s 7(1) requires both an assessment of whether the risk is unacceptable and a separate assessment of whether a restriction order is necessary to adequately protect the community. On the facts, the Court determined that a supervision order with extensive conditions — rather than a continuing detention order — would adequately protect the community, having regard to the respondent's significant mental health needs, NDIS support, 24/7 care arrangements, and the expert opinions that community-based supervision could manage the risk.
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