On the second periodic review of a continuing detention order under the High Risk Serious Offenders Act 2020 (WA), the Court found the respondent remained a high risk serious offender but rescinded the CDO and imposed a three-year supervision order. The Court accepted that while the respondent's risk of serious sexual reoffending remained high and unchanged, the availability of a comprehensive NDIS support package providing 24-hour supported independent living, combined with the respondent's cognitive decline rendering further detention unlikely to reduce risk, meant the community could be adequately protected by a supervision order with extensive conditions including alcohol prohibition, electronic monitoring, curfew provisions, and restrictions on contact with women. The Court was satisfied on the balance of probabilities that the respondent would substantially comply with the standard conditions, notwithstanding his cognitive impairments, provided conditions were explained in simple language and reinforced.
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