Criminal Code Act 1995

The following persons may apply to a Supreme Court of a State or Territory for review of a community safety order:

the Immigration Minister or a legal representative of the Immigration Minister;

a serious offender, or a legal representative of a serious offender, in relation to whom the community safety order is in force.

For the process for reviewing a community safety order, see section 395.25.

A copy of the application must be given to the serious offender under section 395.29.

The application must include a copy of any report obtained under section 395.43 for the purposes of determining whether an application for a review of the community safety supervision order should be made.

The Court may review the order if the Court is satisfied that:

there are new facts or circumstances which would justify reviewing the order; or

it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.

Otherwise, the Court must dismiss the application.

The application must be made to the Court of the State or Territory where:

for a community safety detention order—the prison in which the offender is detained is located; or

for a community safety supervision order—the offender resides.

See subsection 395.2(1) for the definition of reside.