Terrorism (High Risk Offenders) Act 2017

An application for a continuing detention order must be served on the eligible offender concerned within 2 business days after the application is filed in the Supreme Court or within such further time as the Supreme Court may allow.

The State must disclose to the eligible offender such documents, reports and other information as are relevant to the proceedings on the application (whether or not intended to be tendered in evidence)—

in the case of anything that is available when the application is made, as soon as practicable after the application is made, and

in the case of anything that subsequently becomes available, as soon as practicable after it becomes available.

It is sufficient compliance with subsection (2) (a) if the eligible offender is—

provided with an index of the documents, reports and other information, and

given access to a document, report or other information included in the index (or a part of a document, report or other information) as is relevant to the proceedings if the offender (or the offender’s legal representative) requests access.

The regulations may make provision for or with respect to the provision and content of an index of documents, reports and other information for the purposes of subsection (2A).

However, the State is not required to disclose any document, report or other information, or disclose its existence in an index, to an eligible offender except in accordance with Division 5.3 (or an order under that Division) if—

the Attorney General or a prescribed terrorism intelligence authority intends to make an application under that Division for the document, report or other information to be dealt with as terrorism intelligence, or

the document, report or other information is the subject of a pending application under that Division for it to be dealt with as terrorism intelligence, or

the Supreme Court has granted an application under that Division for the document, report or other information to be dealt with as terrorism intelligence.

A preliminary hearing into the application is to be conducted by the Supreme Court within 28 days after the application is filed in the Supreme Court or within such further time as the Supreme Court may allow.

If, following the preliminary hearing, it is satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of a continuing detention order or extended supervision order, the Supreme Court must make orders—

appointing—

2 qualified psychiatrists, or

2 registered psychologists, or

1 qualified psychiatrist and 1 registered psychologist, or

2 qualified psychiatrists and 2 registered psychologists,

directing the eligible offender to attend those examinations.

Without limiting subsection (5) (a), the Supreme Court may also make orders appointing any other relevant experts to furnish reports to the Supreme Court in respect of the eligible offender on specified matters.

If, following the preliminary hearing, it is not satisfied that the matters alleged in the supporting documentation would, if proved, justify the making of a continuing detention order or extended supervision order, the Supreme Court must dismiss the application.