Attorney-General for the State of Queensland v Hansen [2021] QSC 9
SUPREME COURT OF QUEENSLAND
CITATION: Attorney-General for the State of Queensland v Hansen
[2021] QSC 9
PARTIES: ATTORNEY-GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
CRAIG LINDSAY HANSEN
(respondent)
FILE NO/S: BS9941 of 2005
DIVISION: Trial Division
PROCEEDING: Application
ORIGINATING
COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON: Orders made on 1 February 2021, reasons delivered on 8
February 2021
DELIVERED AT: Brisbane
HEARING DATE: 1 February 2021
JUDGE: Bradley J
ORDER: 1. THE COURT IS SATISFIED THAT for the purposes
of s 22 of the Dangerous Prisoners (Sexual Offenders)
Act 2003 (the “Act”) the respondent CRAIG
LINDSAY HANSEN has contravened three
requirements of the supervision order made on 6
March 2006 as amended on 4 May 2011 (the “Existing
Supervision Order”).
2. THE ORDER OF THE COURT IS THAT pursuant to
s 22(7) of the Act the Existing Supervision Order is
amended in the following respects with effect from 11
February 2021:
(a) requirements i. to xxxiii. are deleted;
(b) requirements 1. to 44. set out in the schedule to
these reasons are inserted;
(c) the period stated for which the Existing
Supervision is to have effect is deleted and
replaced with the period from the respondent’s
release day until 11 February 2031.
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3. THE COURT ORDERS THAT the name of the
respondent in this proceeding be amended to spell his
second given name “LINDSAY”.
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
contravened the supervision order made on 6 March 2006
under the Dangerous Prisoners (Sexual Offenders) Act 2003
(the DPSOA) – where the respondent was convicted of
committing an offence of a sexual nature during the period of
the supervision order – where the respondent breached the
supervision order by refusing to provide Corrective Services
with the contact details of a female with whom he was having
contact – where the respondent breached the supervision order
by having contact with an unidentified female via text
messages – whether the Court can be satisfied that the adequate
protection of the community can be ensured by his release on
a supervision order – where the risk being considered by the
Court is that of the respondent committing a serious sexual
offence – where psychiatrists opine that the respondent’s risk
of sexual re-offending is high – where the psychiatric evidence
before the Court does not support a continuing detention order
– whether the risk could be contained under closely managed
supervision – where the risk of sexual re-offending is low to
moderate when on a supervision order – where a supervision
order ought to be made for a period of 10 years – where the
existing supervision order be amended to ensure the adequate
protection of the community – where the amended order will
consist of 44 requirements and provide for a 10 year period of
supervision
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s
20, s 22, s 22(2), s 22(7), s 24, s 43B
Attorney-General for the State of Queensland v Marama (No
2) [2015] QSC 83, cited
Attorney-General for the State of Queensland v Phineasa
[2013] 1 Qd R 315, cited
Attorney-General for the State of Queensland v Sagiba
[2020] QSC 254, cited
Kynuna v Attorney-General for the State of Queensland
[2016] QCA 172, followed
R v Hansen [2018] QCA 153, cited
COUNSEL: J Rolls for the applicant
L Reece for the respondent
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SOLICITORS: GR Cooper, Crown Solicitor for the applicant
Legal Aid Queensland for the respondent
[1] This is a decision on an application by the Attorney-General for relief under the
Dangerous Prisoners (Sexual Offenders) Act 2003 (the Act). The respondent to the
application is Mr Hansen.
Criminal record
[2] Mr Hansen is presently 63 years of age. The first serious entry in his criminal history
is a sentence of four years imprisonment imposed by the District Court on 26 July
1995. He had pleaded guilty and was convicted of maintaining a sexual relationship
with a female child between 31 December 1989 and 1 April 1995. He had also
pleaded guilty to five other offences involving three different complainants: two
charges of indecent dealing with a child under the age of 12 years with circumstances
of aggravation; two charges of indecent dealing with a child under 12 years; and one
charge of wilfully exposing a child under the age of 12 years to an indecent video
tape with circumstances of aggravation. Mr Hansen was aged between 32 and 37
when he committed these offences.
[3] The next serious item in his criminal history is a sentence of three years imprisonment
imposed in the District Court on 7 May 2004 for nine counts of indecent treatment of
a child under 16 years with a circumstance of aggravation. Six of the counts related
to a female complainant who was four at the time of the offending. One related to a
girl who was in a park at the same time as Mr Hansen and the main complainant and
the other two related to another girl who was also in the park. The offending included
inappropriate touching of the girl’s breasts and, in one instance, a child’s bottom.
[4] On 6 March 2006, Mackenzie J ordered that Mr Hansen be released from custody,
subject to requirements set out in a supervision order made under the Act. The order
was for a period of about 20 years, that is, until 3 March 2026. He was 49 years of
age at that time.
[5] On 30 August 2010, Mr Hansen was convicted of an offence under s 43B of the Act
for breaching the supervision order. The contravention came about by Mr Hansen
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forming a relationship with a woman who had a child aged six years. This
relationship with the woman spanned a period of about 12 months. It involved
Mr Hansen giving the woman lifts to the shops in his car and picking her daughter up
after school on approximately six occasions. He was sentenced to five months’
imprisonment with a parole release date of 30 October 2010. So, he was detained in
custody for 62 days from 30 August to 30 October 2010. He was aged 53 at that time.
[6] On 4 May 2011, the Court found Mr Hansen had again contravened the supervision
order, but allowed him to be released on the supervision order. The supervision order
was amended, including to reduce its term so that it was to expire on 6 March 2016.
[7] On 5 June 2014, Mr Hansen was arrested in respect of a number of alleged sexual
offences against a person anonymised as Ms X. The following day a warrant issued
pursuant to s 20 of the Act. On 10 June 2014, Mr Hansen was brought before the
Court and detained pending the determination of this application.
[8] On 20 October 2015, an indictment was presented. There was no early plea by Mr
Hansen. Ms X was declared a special witness and on 29 September 2016, her
evidence was pre-recorded and she was cross-examined. Mr Hansen applied to recall
Ms X for further cross-examination. His application was heard and dismissed on 24
March 2017.
[9] On 3 October 2017, Mr Hansen pleaded guilty in the District Court to seven counts
on an indictment. These sexual offences comprised one count of indecent dealing
with a person with an impairment of the mind, six counts of indecent dealing with a
person with an impairment of the mind under his care, and one count of unlawful
carnal knowledge of a person with an impairment of the mind under his care. Each
was a sexual offence against Ms X. Ms X was 26 years of age at the time of the
offending. She has a severe speech and language disorder and communicates through
writing and gestures. At the time of the offending, Ms X was functioning within an
extremely low range of intelligence, with measured impairments in both verbal and
non-verbal reasoning skills. She met the diagnostic criteria for intellectual disability.
He was aged 56 when he committed these offences.
[10] By the date sentencing submissions were made, Mr Hansen has spent 1,215 days in
custody. This period was not declarable as time served in respect of the offences. On
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appeal, Mr Hansen’s initial sentence of four years imprisonment for the carnal
knowledge offence was reduced to three years and four months.1
Contravention of the supervision order
[11] Ms X was not a child. No evidence was adduced that the sexual offences committed
against her involved serious violence. However, Mr Hansen’s offences against Ms X
breached requirement xxiv of his supervision order, which required him to “not
commit an offence of a sexual nature during the period of the order”. As well,
Mr Hansen refused to provide an authorised Corrective Services officer with the
contact details of a female with whom he was having contact. This was a breach of
requirement xvi of the supervision order. He also admitted to having contact with an
identified female by text messages shortly after he was directed to have no further
contact with her. This was a breach of requirement vii of the supervision order.
[12] On the basis of his guilty pleas and conviction, and the evidence of the other matters
concerning directions, I am satisfied on the balance of probabilities that Mr Hansen
contravened these three requirements of his supervision order. I note that the
submissions put on behalf of Mr Hansen included a concession by him that it is open
for the Court to find that a breach of clauses vii, xiv and xvi of the supervision order
has been established.
Risk of a serious sexual offence
[13] The immediate consequence of his contravention of the supervision order is that,
unless Mr Hansen satisfies the Court on the balance of probabilities that the adequate
protection of the community can be ensured by his release on the existing order, the
Court must rescind the existing order and make a continuing detention order. In other
words, the onus is on Mr Hansen to demonstrate that “the adequate protection of the
community” can be ensured by his release once again on supervision.
[14] As the Court of Appeal observed in Kynuna v Attorney-General for the State of
Queensland:
“The reference to “the adequate protection of the community” in
s 22(2) and s 22(7) is clearly a reference to that term as explained in
1 R v Hansen [2018] QCA 153. Sentences of three years’ imprisonment for each of the six counts of
indecent dealing with a person under care were reduced to six months’ imprisonment and he was
convicted but not further punished for the other indecent dealing count.
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s 13, that is, adequate protection of the community from the
unacceptable risk that the applicant will commit a serious sexual
offence, namely one involving serious violence of the kind discussed
in Phineasa [2013] 1 Qld R 315, which caused or was likely to cause
significant physical injury or significant psychological harm.”2
[15] In this context it is important to bear in mind that the Court is not considering the risk
that Mr Hansen might contravene conditions of his supervision order or that he might
commit another offence which cannot be characterised as a serious sexual offence.
Nor, in this respect, is the Court to consider difficulties or inconveniences that might
arise for those public officers responsible for supervising Mr Hansen in respect of his
compliance with conditions under a supervision order. The risk being considered by
the Court is that of Mr Hansen committing a serious sexual offence.
[16] To assist the Court in forming a view about this important question, evidence has
been provided from two consultant psychiatrists.
Dr Sundin
[17] Dr Josephine Sundin interviewed Mr Hansen on 7 August 2020 for the purpose of
preparing a report. Dr Sundin’s report is dated 6 September 2020.
[18] Dr Sundin made an assessment of Mr Hansen and reviewed relevant material
provided to her, including past psychiatrist assessments. In Dr Sundin’s opinion,
Mr Hansen met the diagnostic criteria for each of the following:
(a) Paedophilic Disorder – sexually attracted to females – of a non-exclusive type;
(b) Major Neurocognitive Disorder acquired as a result of a motor vehicle accident
in 1982;
(c) Personality changes due to other medical conditions, namely acquired brain
injury, disinhibited type; and
(d) Substance Use Disorder – cannabis and alcohol – in restrained remission in a
controlled environment.
[19] Dr Sundin administered risk assessment instruments she considered have some
predictive accuracy when considering the risk of sexual recidivism.
2 [2016] QCA 172 at [6].
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[20] On the STATIC-99R measure, Mr Hansen achieved a score of 4. According to
Dr Sundin, this is a lower score than had previously been achieved by him. The
reduction is reflective of the fact that Mr Hansen is now in a group of offenders over
the age of 60. Mr Hansen’s score places him in a group of offenders who are
considered to be at above average risk for future offending.
[21] On the Hare Psychopathy Rating Scale, Mr Hansen achieved a score of 29/40. This
was just below the cut off of 30/40, which would attract the label psychopath.
Dr Sundin cautioned that Mr Hansen’s serious brain injury in 1982 may make this
assessment less reliable.
[22] On the Risk for Sexual Violence Protocol, Dr Sundin noted that the potential scenario
for sexual violence by Mr Hansen included both sexual assaults of pre-pubital
females and acts of sexual violence against vulnerable females. Dr Sundin observed
that the protocol indicated the risk of psychological harm was “great”, but the risk of
physical harm was “not as significant”. In Dr Sundin’s view, there is little risk that
any violence by Mr Hansen would escalate to a life-threatening level. According to
Dr Sundin, the risk of sexual violence by Mr Hansen would not be imminent upon
release. Rather, warning signs would include a reversion to the abuse of substances
or a failure to comply with disclosure or association requirements of a supervision
order. However, Dr Sundin described Mr Hansen’s risk of sexual offending as
“chronic”.
[23] After considering the various assessments and her observations in the interview,
Dr Sundin considered Mr Hansen to be at high unmodified risk of future sexual
violence, characterising the risk for sexual violence as “chronic”. According to
Dr Sundin, this risk is unlikely to change in the near future. In Dr Sundin’s view, the
risk could worsen as the result of Mr Hansen’s impaired judgment and disinhibition
associated with his neurocognitive disorder. This disorder reduces impulse control
and causes emotional dysregulation and an absence of empathy. Cardiovascular risk
factors associated with aging are likely to give rise to further cognitive deterioration.
[24] In Dr Sundin’s view, a supervision order has the potential to reduce Mr Hansen’s risk
of sexual recidivism from high to moderate if he complies with the order. Dr Sundin
expressed her views in this way:
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“In my opinion, a detention order versus a further supervision order is
a somewhat finely judged issue given the high unmodified risk for
sexual recidivism posed by this man who has both a Major
Neurocognitive Disorder and an Organic Personality Disorder with
elevated psychopathy scores.
Detention would simply be for the purpose of containing the potential
risk Mr Hansen poses to the public. It has been amply demonstrated
through previous reports that there are no other treatment interventions
available that might further mitigate the risk for sexual recidivism
posed by Mr Hansen.
Based on past history, it is clear that whilst on a supervision order in
the community Mr Hansen contravened on multiple occasions. There
is a high likelihood of Mr Hansen breaching any supervision order by
way of non-compliance.
Nonetheless while on his past supervision order he did not sexually re-
offend against any girls. He did re-offend by engaging in a coercive
sexual manner with an intellectually impaired woman. There was no
associated physical violence in the index offence.”
[25] Dr Sundin considered that Mr Hansen’s risk for sexual recidivism presented by his
release from custody “could be contained under closely managed supervision”.
Dr Sundin suggested that a supervision order should be in place for a period of 10
years. Dr Sundin explained this recommendation was influenced by the fact that, as
he ages, Mr Hansen is likely to suffer a worsening of his judgment and impulse
control to act on underlying sexually deviant cognition.
Dr Harden
[26] The second witness was Dr Scott Harden. Dr Harden interviewed Mr Hansen on 21
August 2020. His report is dated 27 November 2020.
[27] Like Dr Sundin, Dr Harden administered a number of risk assessment instruments.
He found that, on the STATIC-99R measure, Mr Hansen achieved a score of 5, which
was reduced from 8 due to Mr Hansen’s age. On this score, Mr Hansen was in the
above average or moderate to high risk category. In Dr Harden’s view, the STATIC-
99R score may under-represent Mr Hansen’s risk due to the discount the measure
gives for his age.
[28] On the Stable 2007 measure, Mr Hansen achieved a score which placed him in the
high needs group in terms of an offender’s dynamic risk.
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[29] On the Hare Psychopathy Rating Scale, Mr Hansen achieved a score of 27.
Dr Harden described this as significantly elevated. It approached the cut off for a
diagnosis of psychopathic personality (30/40).
[30] On the SVR-20 measure, Mr Hansen achieved a score which placed him in the high
risk category with respect to sexually violent risk.
[31] Dr Harden noted that Mr Hansen had a pre-existing history of substance use and rule
breaking before sustaining a head injury in 1982. Following the injury, Mr Hansen
developed a pattern of ongoing criminal behaviour, including substance use, property
offences, interpersonal violence and sexual offences. Dr Harden noted the
observations of other psychiatrists who had previously examined Mr Hansen, to the
effect that Mr Hansen had developed a personality disorder secondary to brain injury
and had associated changes in a number of areas of cognitive function, particularly
with regard to executive functions such as impulse control, emotion control and
empathy. In Dr Harden’s view, Mr Hansen has demonstrated little ability to alter his
behaviour in the absence of external constraints.
[32] Dr Harden concluded that Mr Hansen’s future risk of sexual re-offending is high. On
a supervision order, Dr Harden considered the risk of sexual re-offending to be low
to moderate. In Dr Harden’s view, Mr Hansen’s risk factors are not likely to improve
with time or therapy. Rather, the risk would only improve with Mr Hansen’s
increasing physical infirmity over time.
[33] Dr Harden considered that, if Mr Hansen were to re-offend, it would most likely be
an offence associated with women who are vulnerable and have pre-pubital female
children or with opportunistic access to other vulnerable females. In Dr Harden’s
view, physical harm is unlikely to be caused, but psychological harm is likely.
[34] Dr Harden expressed the view that, given Mr Hansen’s criminal history and the
progress of his psychiatric and neurological conditions, if a supervision order were to
be made, it ought to be enforced for at least a further period of 10 years.
Conclusions
[35] As noted above, I am satisfied to the relevant standard that Mr Hansen has
contravened three of the requirements of his supervision order. The Court may deal
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with Mr Hansen’s contravention of the now expired order3 and may do so pursuant
to s 22 of the Act, as a warrant was executed for such relief before the supervision
order expired.4
[36] The supervision order expired on 6 March 2016, or within a relatively short period of
that date. Mr Hansen did not attempt to show that his release pursuant to that now
expired order would ensure the adequate protection of the community. Frankly, in
the circumstances, it would not have been possible for him to do so.
[37] The options open to the Court are either to amend the supervision order so that it
provides for the adequate protection of the community or to rescind it and make a
continuing detention order.
[38] The psychiatric evidence before the Court does not provide a sound basis for the
rescission of the existing order and the making of a continuing detention order. It
does leave open a finding by the Court that the adequate protection of the community
could be ensured by Mr Hansen’s release on a supervision order in an amended form.
That is the course suggested by the Attorney-General and accepted by Mr Hansen. In
the circumstances, by pointing to that evidence, Mr Hansen has satisfied the court, on
the balance of probabilities that the adequate protection of the community can, despite
the contraventions of the supervision order, be ensured by a supervision order.
[39] The events that have occurred since the supervision order was last considered by the
Court call for a wholesale reconsideration of the requirements necessary to adequately
protect the community from the risk of Mr Hansen committing a serious sexual
offence.
[40] The Attorney-General has proposed, and Mr Hansen has not resisted, an amendment
of the existing supervision order involving the deletion of the existing requirements
and replacing them with 44 particular requirements. These provide requirements
about reporting, supervision, prohibition of committing a sexual offence or an
indictable offence, restrictions on place of residence, restriction on leaving
Queensland, curfew directions, wearing of a monitoring device, restrictions on
employment or study, use of motor vehicles, restrictions on the use of a mobile
3 See Attorney-General for the State of Queensland v Marama (No 2) [2015] QSC 83.
4 See Attorney-General for the State of Queensland v Sagiba [2020] QSC 254.
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telephone, computers and the internet, prohibition of contact with any victim,
prohibition on the use of alcohol and drugs, provision for drug and alcohol testing,
restrictions on going to licensed premises, restrictions on the use of medicines, rules
about rehabilitation and counselling, informing corrective services of planned
activities each week, and measures that prohibit and prevent contact with children.
[41] I have considered each of these carefully. I am satisfied the existing supervision order
should be amended to provide for these requirements to ensure the adequate
protection of the community.
Period of the amended supervision order
[42] Mr Hansen’s custodial sentence for his offences against Ms X will end on 11 February
2021. It is appropriate that the Court should order that the amended supervision order
apply to Mr Hansen from that date.
[43] I have considered the opinions and findings of Dr Sundin and Dr Harden and am
satisfied Mr Hansen should be subject to the amended order for a period until 11
February 2031. Such an order will provide for a 10 year period of supervision on the
44 amended requirements.
[44] Requiring Mr Hansen to be subjected to the supervision order, as amended, for a
period from his release until 11 February 2031 will avoid any confusion as to the
period of the supervision order. This potential confusion might arise from the fact
that Mr Hansen spent 62 days from 30 August 2010 to 30 October 2010 in custody.
Pursuant to s 24 of the Act, the existing supervision order was suspended while he
was detained. The period of the suspension order was extended by the 62 days he
was detained in custody. The making of an order in the terms here considered will
minimise any future controversy, in February 2031 or before, as to the appropriate
end date for the varied supervision order.
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SCHEDULE
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 from your release from custody on 11 February 2021 to
11 February 2031.
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 office 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”.
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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.
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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.
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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.
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.
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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.
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
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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.
“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;
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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 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.
44. You must advise your case manager of any personal relationships you have started.
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Official source: https://www.sclqld.org.au/caselaw/QSC/2021/009