Terrorism (Community Protection) Act 2003

On an application for a support and engagement order, the court may make the order if—

the court finds, in accordance with section 22CI, that the respondent is radicalising towards violent extremism; and

the court is satisfied that the making of a support and engagement order is an appropriate way to achieve a therapeutic purpose for the respondent.

Otherwise, the court must refuse the application.

In determining whether to make the support and engagement order, the court must have regard to—

whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and

whether such informed consent has been withdrawn; and

whether the respondent has otherwise previously declined or ceased to voluntarily engage with services and programs of the kind that a support and engagement plan can require a person to engage with; and

whether the respondent is likely to continue to be radicalised towards violent extremism if the order is not made; and

the frequency and seriousness of the behaviour in respect of which the court made a finding under section 22CI(2); and

whether the order is likely to have a significant adverse impact on the respondent; and

any other matters the court considers relevant.