Criminal Code Act 1995

In deciding whether the Court is satisfied as referred to in paragraph 395.12(1)(b) or 395.13(1)(b) in relation to a serious offender, a Supreme Court of a State or Territory must have regard to the following matters:

the object of this Division;

any report of an assessment received from a relevant expert, and the level of the offender’s participation in the assessment, under:

section 395.9; or

section 395.43;

the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious violent or sexual offence, and the level of the offender’s participation in any such assessment;

any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:

the relevant State or Territory corrective services; or

any other person or body who is competent to assess that extent;

any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender’s participation in any such programs;

the level of the offender’s compliance with any obligations to which the offender is or has been subject while:

on release on parole for any serious violent or sexual offence; or

subject to a community safety order;

the level of the offender’s compliance with any conditions to which a visa that the offender is, or has been, a holder of under the Migration Act 1958 is or has been subject;

the offender’s history of any prior convictions for, and findings of guilt made in relation to, any serious violent or sexual offence;

if information is available about the offender’s history of any prior convictions for, and findings of guilt made in relation to, any serious foreign violent or sexual offence—that information;

the views of the sentencing court at the time any sentence for any serious violent or sexual offence was imposed on the offender;

if information is available about the views of the sentencing court at the time any sentence for any serious foreign violent or sexual offence was imposed on the offender—that information;

whether the offender is subject to any order under a law of a State or Territory that is equivalent to a community safety order, and if so, the conditions of the order;

any other information as to the risk of the offender committing a serious violent or sexual offence.

Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant.

To avoid doubt, section 395.27 (civil evidence and procedure rules in relation to community safety order proceedings) applies to the Court’s consideration of the matters referred to in subsections (1) and (2) of this section.