Attorney-General for the State of Queensland v Watt [2021] QSC 102

SUPREME COURT OF QUEENSLAND CITATION: Attorney-General for the State of Queensland v Watt [2021] QSC 102 PARTIES: ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (applicant) v ROWLAND ARNOLD WATT (respondent) FILE NO/S: BS No 1824 of 2021 DIVISION: Trial Division PROCEEDING: Application ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVERED ON: Ex tempore on 6 May 2021 DELIVERED AT: Brisbane HEARING DATE: 6 May 2021 JUDGE: Davis J ORDER: Rowland Arnold Watt be released on 9 May 2021 on the conditions of a supervision order in terms of the draft (which appears as Annexure “A”) for a period of 10 years CATCHWORDS: CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS - DANGEROUS SEXUAL OFFENDER - GENERALLY - where the respondent was serving a sentence for a “serious sexual offence” as defined by the Dangerous Prisoners (Sexual Offenders) Act 2003 - where the Attorney-General made an application for a continuing detention order (CDO) or in the alternative a supervision order against the respondent - where the psychiatric evidence was to the effect that if released unsupervised the respondent would be “at least a high risk of reoffending” by committing a serious sexual offence - where the respondent had undergone treatment and the psychiatric evidence was to the effect that on supervision the respondent was an acceptable risk - where the release on supervision ensured the adequate protection of the community from the commission by the respondent of a serious sexual offence. -- 1 of 20 -- 2 Child Protection (Offender Reporting) Act 2004 Dangerous Prisoners (Sexual Offenders) Act 2003, s 3, s 5, s 8, s 13, s 16 Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396, followed Attorney-General for the State of Queensland v KAH [2019] 3 Qd R 329, followed Fardon v Attorney-General (Qld) (2004) 223 CLR 575, cited COUNSEL: M Maloney for the applicant S Robb for the respondent SOLICITORS: GR Cooper, Crown Solicitor for the applicant Legal Aid Queensland for the respondent [1] The Attorney-General applies for orders against Rowland Arnold Watt pursuant to s 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA). Background [2] Mr Watt was born on 25 February 1987. He is presently 34 years of age. He has a lengthy criminal history dating back to relevant convictions for sexual offending in July 2006. Those offences had occurred in August 2005 when he was 18 years of age. He has since suffered further convictions in 2006 and also in 2008, 2009, 2012, 2013, 2014, 2016, 2017 and finally in 2019. [3] As already observed, the first relevant conviction occurred in 2006. On that day, he pleaded guilty in the Townsville District Court to two counts of indecent treatment of a child under 16 years of age. The complainant was a 12 year old girl. The offending involved fondling her vagina. Of some importance, Mr Watt, as a result of those convictions, became a reportable offender under the provisions of the Child Protection (Offender Reporting) Act 2004. [4] Later in 2006, he pleaded guilty in the Townsville Magistrates Court to one charge of stalking, six charges of stealing, drug offences and traffic offences. He stalked a 23 year old woman whose underwear and other clothing he had stolen on numerous occasions after unlawfully entering her flat. [5] On 23 May 2008, Mr Watt pleaded guilty in the Townsville District Court to four counts of indecent treatment of a child under 12. This offending dated back to a time when Mr Watt was aged between 16 and 17 years. The victim was a girl aged -- 2 of 20 -- 3 between 10 and 11. There were various offences committed where Mr Watt fondled the girl’s vagina and chest. [6] On 5 May 2009, Mr Watt pleaded guilty in the Townsville Magistrates Court to one count of failing to comply with his reporting obligations under the Child Protection (Offender Reporting) Act 2004. [7] On 12 November 2012, Mr Watt pleaded guilty in the Townsville District Court to three counts of indecent treatment of a child under 12, one count of possessing child exploitation material and two counts of failing to comply with his reporting obligations. The first offence of indecent treatment involved Mr Watt exposing his genitals to the victim who was a 10 year old girl. The second and third offences were committed against a boy aged five and a girl aged eight. Mr Watt was staying with the victims’ parents. Mr Watt entered the children’s bedroom and filmed them while they were sleeping. The film shows Mr Watt viewing the children’s genitals and also touching them. Subsequent examination of Mr Watt’s telephone showed other child exploitation images depicting prepubescent girls. [8] On 22 November 2013, Mr Watt pleaded guilty in the Cairns Magistrates Court to one charge of failing to comply with his reporting obligations. [9] On 20 March 2014, Mr Watt was dealt with for a breach of a suspended sentence imposed on 12 November 2012. [10] On 7 October 2016, Mr Watt was again convicted of failing to comply with his reporting obligations. [11] On 11 April 2017, Mr Watt pleaded guilty to one count of possessing child exploitation material, two counts of failing to comply with reporting obligations and one count of giving false or misleading information to police. These offences arose because Mr Watt sent a Facebook message to a 15 year old girl. That matter was reported to police. An investigation revealed 23 images constituting child exploitation material in the possession of Mr Watt. [12] All the offences that I have described attracted various sentences and orders, including sentences of imprisonment. It is unnecessary to descend into further detail. -- 3 of 20 -- 4 [13] The offences which prompted the Attorney-General’s application under the DPSOA were the subject of convictions on 4 April 2019. On that day, Mr Watt pleaded guilty in the Townsville District Court to one count of indecent treatment of a child under the age of 16 and six charges of failing to comply with reporting obligations. The offending breached both a probation order and a suspended sentence imposed on 11 April 2017. Mr Watt was 30 years old at the time of the offending and 32 years of age at the time of sentence. [14] The offending occurred in early November 2017. A woman known to the respondent, and who is the mother of two young children, offered to drive Mr Watt from Ipswich to Hervey Bay so that he could visit his father who was terminally ill. One of the children was a girl and one was a boy. A friend of the victim’s mother was also travelling with them. The party of five travelled to Hervey Bay and checked into a hotel. [15] During the stay at the hotel, Mr Watt indecently assaulted the young girl. He cuddled her when they were both swimming in the pool and he followed her despite the fact that she was swimming away from him. On another occasion while the victim was asleep, Mr Watt moved his face close to hers. On another occasion, Mr Watt tried to kiss her and when the victim refused he pulled her pants down, moved her underwear to the side and touched her on the vagina. [16] Judge Lynham, sitting in the District Court at Townsville, sentenced Mr Watt to two and a half years’ imprisonment as an effective head sentence. His Honour activated suspended sentences. All sentences expired on 9 May 2021. [17] Since 2006, Mr Watt has been regularly convicted of sexual offences against childre n. Perhaps unsurprisingly, an application for orders under the DPSOA was filed by the Attorney-General on 17 February 2021. [18] The preliminary hearing mandated by s 8 of the DPSOA was heard on 24 February 2021 by Justice Callaghan. [19] Justice Callaghan had before him a report of Dr Elizabeth McVie, psychiatrist, and was satisfied that there were reasonable grounds for believing Mr Watt was a serious -- 4 of 20 -- 5 danger to the community in the absence of a Division 3 order.1 I will refer further to that report shortly. Being so satisfied, the judge set a date for the hearing of an application under s 13 of the DPSOA and ordered the respondent to undergo psychiatric examination by Dr Karen Brown and Dr Scott Harden. Those examinations occurred. The medical evidence [20] Dr McVie, in her report dated 27 November 2020, diagnosed Mr Watt as suffer ing from paedophilia, non-exclusive with sexual attraction to prepubertal females. She thought he may suffer from other paraphilia such as an underwear fetishism. She diagnosed him with a substance use disorder and described his personality structure as having “significant narcissistic anti-social and psychopathic traits”. [21] Dr Brown, in her report dated 6 April 2021, diagnosed Mr Watt as suffer ing “paedophilic disorder non-exclusive type” but could not diagnose any other paraphilic disorder such as an underwear fetishism. She did, though, diagnose him as suffering a substance use disorder. [22] Dr Brown thought that Mr Watt may be suffering a post-traumatic stress disorder as a result of sexual abuse suffered by him during childhood and in prison. She identified a “mixed cluster B personality disorder, with anti-social (psychopathic ) emotionally unstable and narcissistic traits”. [23] Dr Harden diagnosed Mr Watt as suffering “paedophilia (deviant sexual attraction to prepubertal children) with his attraction being to girls in the 10 to 11 year age range”. Based on the substance abuse history, Dr Harden also diagnosed a substance use disorder. He also diagnosed a personality disorder of mixed type with predominant dysfunctional personality features such as avoidance, borderline and anti-socia l personality traits. [24] The psychiatrists all had regard to the opinion of a psychologist Michelle Kelly who, in her report dated 5 September 2017, said that she considered Mr Watt to be a high risk of committing further sexual offences. That assessment was of course correct 1 Section 8(1). -- 5 of 20 -- 6 because after that report was written, Mr Watt went on to commit further sexual offences. [25] Each of the psychiatrists considered risk. [26] Dr McVie thought that upon release without supervision, Mr Watt would be “at least a high risk of reoffending”. She thought that he should complete the High Intensity Sexual Offenders Program (HISOP) and that he required other treatment. She thought: “A supervision order may decrease his risk to moderate or to moderate to low. Based on his age, his history and his diagnosis of paedophilia with repeat offending, I would recommend a supervision order for at least 10 years.” [27] Dr Brown thought that Mr Watt’s unmodified risk of sexual offending was high and would be significantly increased if he had access to prepubescent females and further increased if he was intoxicated. Dr Brown, like Dr McVie, thought it imperative that Mr Watt complete the HISOP. He commenced that program in May 2020 and was expected to complete the program on 22 April 2021. At the time of her initial report, the HISOP had not been completed. Dr Brown said this: “At the time of writing, I have not seen the HISOP completion report. Assuming he has gained some benefit from this program and he has developed an adequate relapse prevention plan, it is my opinion that release to a supervision order would reduce the risk to a moderate and manageable level.” [28] Dr Harden thought that Mr Watt’s ongoing unmodified risk of sexual reoffending was high. He opined that on a supervision order the risk of sexual recidivism would drop to low to moderate. Again however, at the time of Dr Harden’s report no exit report from HISOP was available. [29] Mr Watt has now completed the HISOP and has obtained an exit report. [30] The exit report gave a summary of Mr Watt’s participation in the HISOP. That was assessed over six categories: 1. Overall level of attendance. 2. Overall level of participation. 3. Giving and receiving feedback. -- 6 of 20 -- 7 4. Adherence to group rules and group processes. 5. Attentiveness and attitude to other group members. 6. Completion of individual requirements. [31] In relation to all categories except “Giving and receiving feedback”, Mr Watt scored a grade of “excellent”. In the only category where he did not receive such a grade, he received one of “Improved over time”. [32] Comments in the report which I found significant are: “Overall, prisoner Watt demonstrated increasing insight into his offending pathway. It is considered treatment areas that prisoner Watt was able to develop increasing insight into were sex as coping, sexual preoccupation, general social rejection and loneliness, emotiona l identification with children and capacity for relationship stability. … Overall, throughout the program, and the relevant modules, it is considered that prisoner Watt demonstrated increasing awareness regarding the treatment needs of general social rejection and loneliness, significant social influences and capacity for relations hip stability, poor problem solving, negative emotionality, impulsivity and sex as coping, as well as their relevance to his offending pathway. It is recommended that the prisoner continue to explore these treatment needs through individual treatment in order to assist the prisoner to build assertive communication skills, an understanding of establishing and maintaining boundaries whilst also restructur ing unhelpful core beliefs to work towards forming secure relationships. Additionally, it is recommended the prisoner’s emotiona l management skills be an area of focus for prisoner Watt moving forward, with him continuing to develop his understanding of his emotions and ways in which he can appropriately regulate. … Overall, prisoner Watt demonstrated increasing insight into his high- risk factors and the associated warning signs. He was able to identify risk-mitigation strategies, however his ability to employ these consistently, and in times of need, is unclear. It is considered that prisoner Watt would benefit from assistance with developing his self- esteem and self-worth, as it appears the negative view of self and others form the foundation of his unhelpful behavioural and thought patterns and difficulty in challenging these. … Given prisoner Watt’s continued pattern of sexual offending behaviour, it is considered he would benefit from a supervision order -- 7 of 20 -- 8 to assist with reintegration into the community while ensuring he has relevant supports available to him. Should the prisoner be released on a community-based supervision order, it is recommended that the supervising officer and other professional supports are made aware of the prisoner's high-risk factors and how they are relevant to his offending pathway. Prisoner Watt is encouraged to revise his program modules on a regular basis to support him to maintain a pro- social and balanced lifestyle in the future. He is also encouraged to share his New Future Plan and a copy of his completion report with relevant supports to foster an open channel of communication and assist in mitigating risk of recidivism. Prisoner Watt is recommended to complete the Staying on Track: Sexual Offending Maintenance Program (SOMP) in the community to consolidate the skills he has learnt throughout the HISOP. Undertaking the SOMP will afford prisoner Watt the opportunity to revise and update his NFP and management strategies for his high-risk factors following application in a community environment.” [33] The psychiatrists’ opinion on the exit report have been sought. • Dr McVie expressed her view that a 10 year supervision order was appropriate. • Dr Brown confirmed her views that release to supervision would reduce risk to a moderate and manageable level. • Dr Harden commented that “he has completed the program and appears to have made significant gains”. Dr Harden otherwise confirmed his earlier views. Statutory provisions [34] The DPSOA provides a system for preventative detention and supervision of a certain class of offenders beyond the expiry of their full time sentences. [35] Section 3 defines the objects of the DPSOA as follows: “3 Objects of this Act The objects of this Act are— (a) to provide for the continued detention in custody or supervised release of a particular class of prisoner to ensure adequate protection of the community; and (b) to provide continuing control, care or treatment of a particular class of prisoner to facilitate their rehabilitation.” -- 8 of 20 -- 9 [36] The “particular class of prisoner” are those detained in custody serving a period of imprisonment for a “serious sexual offence”.2 The term “serious sexual offence” is defined, relevantly to Mr Watt, as “an offence of a sexual nature … committed … against a child”. [37] By s 5, an application may be made by the Attorney-General for orders under the DPSOA. Section 8 deals with the preliminary hearing to which I have already referred. [38] The application before me is for final orders under s 13. Section 13 provides as follows: “13 Division 3 orders (1) This section applies if, on the hearing of an applicatio n for a division 3 order, the court is satisfied the prisoner is a serious danger to the community in the absence of a division 3 order (a serious danger to the community). (2) A prisoner is a serious danger to the community as mentioned in subsection (1) if there is an unacceptable risk that the prisoner will commit a serious sexual offence— (a) if the prisoner is released from custody; or (b) if the prisoner is released from custody without a supervision order being made. (3) On hearing the application, the court may decide that it is satisfied as required under subsection (1) only if it is satisfied— (a) by acceptable, cogent evidence; and (b) to a high degree of probability; that the evidence is of sufficient weight to justify the decision. (4) In deciding whether a prisoner is a serious danger to the community as mentioned in subsection (1), the court must have regard to the following— (aa) any report produced under section 8A; (a) the reports prepared by the psychiatrists under section 11 and the extent to which the prisoner cooperated in the examinations by the psychiatrists; 2 Section 5. -- 9 of 20 -- 10 (b) any other medical, psychiatric, psychological or other assessment relating to the prisoner; (c) information indicating whether or not there is a propensity on the part of the prisoner to commit serious sexual offences in the future; (d) whether or not there is any pattern of offending behaviour on the part of the prisoner; (e) efforts by the prisoner to address the cause or causes of the prisoner’s offending behaviour, including whether the prisoner participated in rehabilitation programs; (f) whether or not the prisoner’s participation in rehabilitation programs has had a positive effect on the prisoner; (g) the prisoner’s antecedents and criminal history; (h) the risk that the prisoner will commit another serious sexual offence if released into the community; (i) the need to protect members of the community from that risk; (j) any other relevant matter. (5) If the court is satisfied as required under subsection (1), the court may order— (a) that the prisoner be detained in custody for an indefinite term for control, care or treatment (continuing detention order); or (b) that the prisoner be released from custody subject to the requirements it considers appropriate that are stated in the order (supervision order). (6) In deciding whether to make an order under subsection (5)(a) or (b)— (a) the paramount consideration is to be the need to ensure adequate protection of the community; and (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers. -- 10 of 20 -- 11 (7) The Attorney-General has the onus of proving that a prisoner is a serious danger to the community as mentioned in subsection (1).” [39] Section 13A requires the court to fix a period of supervision if a supervision order is made. Section 13A provides: “13A Fixing of period of supervision order (1) If the court makes a supervision order, the order must state the period for which it is to have effect. (2) In fixing the period, the court must not have regard to whether or not the prisoner may become the subject of— (a) an application for a further supervision order; or (b) a further supervision order. (3) The period can not end before 5 years after the making of the order or the end of the prisoner’s period of imprisonment, whichever is the later.” [40] If a supervision order is made, then s 16(1) provides for mandatory conditions and s 16(2) enables the imposition of further requirements “to secure adequate protection of the community”. The respective position of the parties [41] The Attorney-General accepts that the adequate protection of the community can be ensured by the making of a supervision order. The Attorney-General therefore, does not press for a continuing detention order. [42] Mr Watt, through his counsel Ms Robb, accepts that he is a serious danger to the community in the absence of a Division 3 order in the sense of being an unacceptable risk that he will commit a serious sexual offence without an order.3 Ms Robb submits that the evidence demonstrates that a supervision order for a period of 10 years ought to be preferred to the making of a continuing detention order. Consideration and disposition [43] Section 13 operates in this way: 3 Section 13(1) and (2). -- 11 of 20 -- 12 1. The court must consider whether Mr Watt poses an unacceptable risk that he will commit a serious sexual offence if released from custody or released from custody without a supervision order. I will call that the “jurisdictional fact”. 2. If the jurisdictional fact is found, then the court may either make a continuing detention order, a supervision order or no order.4 3. Before making a supervision order (as opposed to a continuing detention order), the court must consider whether adequate protection of the community can reasonably and practicably be ensured by a supervision order. 4. The period of the supervision order needs to be fixed at a point in time when Mr Watt will be an acceptable risk in the community without a supervis io n order.5 [44] The court may only find the jurisdictional fact upon acceptable cogent evidence and to a high degree of probability. [45] I accept the evidence of the psychiatrists, all of whom have undoubted expertise in this area. On the basis of that evidence against the background of Mr Watt’s crimina l history, I am satisfied of the jurisdictional fact. There is, in my view here, no reason to make no order although, I recognise that such a discretion exists. [46] In determining whether to make a continuing detention order or a supervision order, s 13(6) mandates that the paramount consideration is the need to ensure adequate protection of the community. In that regard, I have directed myself to s 13(6)(a) and (b). However, where a supervision order does provide adequate protection of the community, a supervision order should be preferred over a continuing detention order.6 [47] The expert psychiatric evidence is that the completion of the HISOP by Mr Watt and the imposition of a supervision order will reduce risk to moderate or below. I accept that evidence and I find, therefore, that the adequate protection of the community can be ensured by releasing Mr Watt on a supervision order. 4 Fardon v Attorney-General (Qld) (2004) 223 CLR 575 at [34]. 5 Attorney-General for the State of Queensland v KAH [2019] 3 Qd R 329. 6 Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396 at [39]. -- 12 of 20 -- 13 [48] I accept the evidence of the psychiatrists that Mr Watt’s psychiatric conditio ns relevant to risk are entrenched long-term conditions. On that evidence, Mr Watt will be an unacceptable risk unless supervised for 10 years. [49] I have turned my mind to the terms of a draft supervision order provided to me and consider that the draft is acceptable. [50] I order that Rowland Arnold Watt be released on 9 May 2021 on the conditions of a supervision order in terms of the draft (which appears as Annexure “A”) for a period of 10 years. -- 13 of 20 -- 14 ATTACHMENT “A” To: Rowland Arnold Watt 1. You are being released from prison but only if you obey the rules in this supervision order. 2. If you break any of the rules in this supervision order, the police or Queensland Corrective Services have the power to arrest you. Then the Court might order that you go back to prison. 3. You must obey these rules for the next ten (10) years. Reporting 4. On the day you are released from prison, you must report before 4 pm to a corrective services officer at the Community Corrections office closest to where you will live. You must tell the corrective services officer your name and the address where you will live. 5. A corrective services officer will tell you the times and dates when you must report to them. You must report to them at the times they tell you to report. A corrective services officer might visit you at your home. You must let the corrective services officer come into your house. To “report” means to visit a corrective services officer and talk to them face to face. Supervision 6. A corrective services officer will supervise you until this order is finished. This means you must obey any reasonable direction that a corrective services officer gives you about: a) Where you are allowed to live; and b) Rehabilitation, care or treatment programs; and c) Using drugs and alcohol; and d) Who you may and may not have contact with; and e) Anything else. A “reasonable direction” is an instruction about what you must do, or what you must not do, that is reasonable in that situation. An instruction that means that you will break the rules of this supervision order is not a “reasonable direction”. -- 14 of 20 -- 15 If you are not sure about a direction, you can ask a corrective services officer for more information, or talk to your lawyer about it. 7. You must answer and tell the truth if a corrective services officer asks you about where you are, what you have been doing or what you are planning to do, and who you are spending time with. 8. If you change your name, where you live or any employment, you must tell a corrective services officer at least two business days before the change will happen. A “business day” is a week day (Monday, Tuesday, Wednesday, Thursday and Friday) that is not a public holiday. No offences 9. You must not break the law by committing a sexual offence. 10. You must not break the law by committing an indictable offence. Where you must live 11. You must live at a place approved by a corrective services officer. You must obey any rules that are made about people who live there. 12. You must not live at another place. If you want to live at another place, you must tell a corrective services officer the address of the place you want to live. The corrective services officer will decide if you are allowed to live at that place. You are allowed to change the place you live only when you get written permission from a corrective services officer to live at another place. This also means you must get written permission from a corrective services officer before you are allowed to stay overnight, or for a few days, or for a few weeks, at another place. 13. You must not leave Queensland. If you want to leave Queensland, you must ask for written permission from a corrective services officer. You are allowed to leave Queensland only after you get written permission from a corrective services officer. Curfew direction 14. A corrective services officer has power to tell you to stay at a place (for example, the place you live) at particular times. This is called a curfew direction. You must obey a curfew direction. -- 15 of 20 -- 16 Monitoring direction 15. A corrective services officer has power to tell you to: a) Wear a device that tracks your location; and b) Let them install a device or equipment at the place you live. This will monitor if you are there. This is called a monitoring direction. You must obey a monitoring direction. Employment or study 16. You must get written permission from a corrective services officer before you are allowed to start a job, start studying or start volunteer work. 17. When you ask for permission, you must tell the corrective services officer these things: a) What the job is; b) Who you will work for; c) What hours you will work each day; d) The place or places where you will work; and e) (if it is study) where you want to study and what you want to study. 18. If a corrective services officer tells you to stop working or studying you must obey what they tell you. Motor vehicles 19. You must tell a corrective services officer the details (make, model, colour and registration number) about any vehicle you own, borrow or hire. You must tell the corrective services officer these details immediately (on the same day) you get the vehicle. A vehicle includes a car, motorbike, ute or truck. Mobile phone 20. You are only allowed to own or have (even if you do not own it) one mobile phone. You must tell a corrective services officer the details (make, model, phone number and service provider) about any mobile phone you own or have within 24 hours of when you get the phone. 21. You must give a corrective services officer all passwords and passcodes for any mobile phones you own or have. You must let a corrective services officer look at the phone and everything on the phone. -- 16 of 20 -- 17 Computers and internet 22. You must get written permission from a corrective services officer before you use a computer, phone or other device to access the internet for the first time after your release from custody. 23. You must give a corrective services officer any password or other access code you know for the computer, phone or other device. You must do this within 24 hours of when you start using the computer, phone or other device. You must let a corrective services officer look at the computer, phone or other device and everything on it. 24. You must give a corrective services officer details (including user names and passwords) about any email address, instant messaging service, chat rooms, or social networking sites that you use. You must do this within 24 hours of when you start using any of these things. No contact within any victim 25. You must not contact or try to contact any victim(s) of a sexual offence committed by you. You must not ask someone else to do this for you. “Contact” means any type of communication, including things like talking, texting, sending letters or emails, posting pictures or chatting. You must not do any of these things in person, by telephone, computer, social media or in any other way. Rules about alcohol and drugs 26. You are not allowed to take (for example, swallow, eat, inject, or sniff) any alcohol. You are also not allowed to have with you or be in control of any alcohol. 27. You are not allowed to take (for example, swallow, eat, inject, smoke or sniff) any illegal drugs. You are also not allowed to have with you or be in control of any illegal drugs. 28. A corrective services officer has the power to tell you to take a drug test or alcohol test. You must take the drug test or alcohol test when they tell you to. You must give them some of your breath, spit (saliva), pee (urine) or blood when they tell you to do this. 29. You are not allowed to go to pubs, clubs, hotels, nightclubs or bottle shops which are licensed to supply or serve alcohol. If you want to go to one of these places, you must first get written permission from a corrective services officer. If you do not get written permission, you are not allowed to go. -- 17 of 20 -- 18 Rules about medicine 30. You must tell a corrective services officer about any medicine that a doctor prescribes (tells you to buy). You must also tell a corrective services officer about any over the counter medicine that you buy or have with you. You must do this within 24 hours of seeing the doctor or buying the medicine. 31. You must take prescribed medicine only as directed by a doctor. You must not take any medicine (other than over the counter medicine) which has not been prescribed for you by a doctor. Rules about rehabilitation and counselling 32. You must obey any direction a corrective services officer gives you about seeing a doctor, psychiatrist, psychologist, social worker or other counsellor. 33. You must obey any direction a corrective services officer gives you about participating in any treatment or rehabilitation program. 34. You must let corrective services officers get information about you from any treatment or from any rehabilitation program. Speaking to corrective services about what you plan to do 35. Each week, you must talk to a corrective services officer about what you plan to do that week. A corrective services officer will tell you how to do this (for example, face to face or in writing). 36. You must also tell a corrective services officer the name of new persons you have met. This includes: people who you spend time with, work with, make friends with, see or speak to (including by using social media or the internet) regularly. 37. You may need to tell new contacts about your supervision order and offending history. The corrective services officer will instruct you to tell those persons and the corrective services officer may speak to them to make sure you have given them all the information. Contact with children 38. You are not allowed to have any contact with children under 16 years of age. If you want to have supervised or unsupervised contact with a child under 16 years of age you must first get written permission from a corrective services officer. If you do not get written permission, you are not allowed to have contact with the child. -- 18 of 20 -- 19 “Contact” means any type of communication, including things like talking with them face to face, texting, sending letters or emails, posting pictures or chatting, using a telephone, computer, social media or in any other way. “Supervised” means having contact with the child while another person is with you and the child. “Unsupervised” means having contact with the child while there is no other person with you and the child. 39. If you have any repeated contact (that is, more than one time) with a parent, guardian or carer of a child under the age of 16, you must: a) tell the person(s) about this supervision order; and b) tell a corrective services officer the details of the person(s). You must do this immediately. This means you have to tell the person, and tell a corrective services officer, on the same day you have contact with the person. 40. Queensland Corrective Services has power to give information about you, and about this supervision order, to any parent, guardian or caregivers that you have contact with. 41. Queensland Corrective Services also has power to give information about you, and about this supervision order, to an external agency (such as the Department of Child Safety). 42. You must not: a) attend any school or childcare centre; b) be in a place where there is a children’s play area or child minding area; c) go to a public park; d) go to a shopping centre; e) join any club or organisation in which children are involved; f) participate in any club or organisation in which children are involved. If you want to do any of these things, you must first get written permission from a corrective services officer. If you do not get written permission, you cannot do any of these things. 43. You must not collect photos/videos/magazines which have images of children in them without prior approval of a Corrective Services officer. If you have any you may be asked to get rid of them by a Corrective Services officer. -- 19 of 20 -- 20 44. You are not to get child exploitation material/child abuse material or images of children on a computer or phone from the internet. 45. You cannot get pornographic images on a computer or phone from the internet or magazines without written approval from a corrective services officer. Your treating psychologist will provide advice regarding this approval. 46. You must develop a management plan with your psychologist or psychiatrist to address any risk of sexual re-offence. You must talk about this with a corrective services officer when asked. 47. You must advise your case manager of any personal relationships you have started. -- 20 of 20 --