Terrorism (High Risk Offenders) Act 2017

An application for an emergency detention order must be supported by an affidavit of a relevant officer that addresses each of the following matters—

the altered circumstances that give rise to the application,

the reasons why because of the altered circumstances the extended supervision order or interim supervision order to which the eligible offender is currently subject will not prevent the offender from posing an unacceptable and imminent risk of committing a serious terrorism offence,

the reasons why there are no other practicable and available means of ensuring that the eligible offender does not pose an imminent risk of committing a serious terrorism offence (other than detention).

The State—

must notify the Legal Aid Commission of New South Wales in writing when a decision is made to file an application in the Supreme Court for an emergency detention order in respect of an eligible offender, and

if requested to do so by the Commission—is to supply the Commission with a copy of the application and supporting affidavit.

However, the State is not required to disclose to the eligible offender or the Legal Aid Commission of New South Wales any document, report or other information 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.

In this section—

the Commissioner of Police, or

the Commissioner of Corrective Services, or

a corrective services officer of the rank of Assistant Commissioner.