Attorney-General for the State of Queensland v WBG [2019] QSC 324
SUPREME COURT OF QUEENSLAND
CITATION: Attorney-General for the State of Queensland v WBG [2019]
QSC 324
PARTIES: ATTORNEY-GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
WBG
(respondent)
FILE NO/S: BS No 2937 of 2019
DIVISION: Trial Division
PROCEEDING: Application
DELIVERED ON: 20 December 2019
DELIVERED AT: Brisbane
HEARING DATE: 20 December 2019
JUDGE: Davis J
ORDER: The respondent be released subject to the requirements set
out in the Schedule to these reasons until 23 December 2029
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
subject to examination by psychiatrists for the purposes of the
application – where the applicant conceded that adequate
protection of the community could be ensured by a supervision
order under Division 3 of Part 2 of the Dangerous Prisoners
(Sexual Offenders) Act 2003 (Qld) (DPSOA) – where the
respondent conceded the need for a supervision order under
Division 3 of Part 2 of the DPSOA – where the length of the
order under Division 3 of Part 2 of the DPSOA was not
contested – whether the applicant presents a serious danger to
the community in the absence of a supervision order under
Division 3 of Part 2 of the DPSOA – whether such an order
should be made
Corrective Services Act 2006 (Qld)
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), s 2,
s 3, s 5, s 8, s 9A, s 9AA, s 11, s 12, s 13, s 13A, s 16
Attorney-General for the State of Queensland v Francis
[2007] 1 Qd R 396, followed
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2
Attorney-General for the State of Queensland v KAH [2019]
QSC 36, followed
Attorney-General for the State of Queensland v Newman
[2019] 2 Qd R 1, cited
Attorney-General for the State of Queensland v Sutherland
[2006] QSC 268, followed
COUNSEL: J Tate for the applicant
C Cassidy for the respondent
SOLICITORS: Crown Solicitor for the applicant
Legal Aid Queensland for the respondent
[1] The respondent is presently held in custody under an interim detention order made under
the provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (the
DPSOA).1 He was, until 2 July 2019, serving a term of imprisonment for serious sexual
offences committed against children including his daughters (the index offences).
[2] The Attorney-General applied for orders under the DPSOA. Dr Scott Harden examined
the respondent and prepared a risk assessment report.2 On 4 April 2019, Burns J, on a
hearing pursuant to s 8 of the DPSOA, held that there were reasonable grounds for
believing the respondent is a serious danger to the community in the absence of an order
under Part 2 Division 3 of the DPSOA and:
1. appointed consultant psychiatrists, Dr Ness McVie and Dr Karen Brown, to prepare
risk assessment reports;3 and
2. set the hearing date of the application for final orders as 24 June 2019.4
[3] As I will later explain, the psychiatric evidence strongly suggests that the respondent
should be released on supervision to suitable secure accommodation. That
accommodation was not available and the application was adjourned. Accommodation
became available and the application was listed urgently for today.
Relevant factual context
[4] The respondent was born on 22 June 1939. He is now 80 years of age. He has two
biological daughters to whom I shall refer as E and L. Another girl, B, was, during her
childhood, believed by the respondent to be his biological daughter. In the 1980s, it was
revealed that she was in fact not.
[5] Between 1973 and 1985, the respondent sexually offended against each of B, E and L.
Over this period of offending, the respondent was aged between 34 and 46 years.
[6] B was offended against by the respondent from the age of about nine to the age of about
15. The respondent offended against E from about the age of five until she was about 13.
1 Section 9A
2 Dated 14 December 2018.
3 Dangerous Prisoners (Sexual Offences) Act 2003, ss 8, 11 and 12.
4 Section 8.
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3
L was also the subject of offending by the respondent from about the age of five until
about the age of 13.
[7] The offending against B, E and L varied from the respondent performing oral sex upon
them, to them being forced to perform oral sex on him, to digital and penile penetration.
It is unnecessary to go into any further detail.
[8] Another girl, AW, was six years of age when the respondent offended against her. AW
was visiting the respondent’s neighbour. The respondent confronted her, then grabbed
her by the hair and pulled her into the lounge room of his house. There, he removed her
clothes and licked her vagina. That occurred in 2006.
[9] All the offending was the subject of two indictments which came before the District Court
on 28 October 2008. On that day, the respondent pleaded guilty and was sentenced to an
effective 12 years’ imprisonment. After taking into account time served before sentence,
the respondent’s fulltime release date was 2 July 2019. As already observed, he is
presently still in custody as a result of orders made in proceedings brought under the
DPSOA.
Statutory scheme
[10] Section 3 of the DPSOA identifies the objects of the legislation 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.”
[11] The objects of the DPSOA are fulfilled by a scheme providing for the detention of
prisoners beyond the expiry of their sentences, or alternatively their release upon
supervision.
[12] By s 5, the Attorney-General may apply for both an order under s 8 of the DPSOA and
also an order under Division 3 of Part 2.5 Division 3 of Part 2 provides for the making of
final orders. Applications can only be brought under s 5 against a “prisoner”.
[13] Section 5, which authorises the application for orders and which contains the definition
of “prisoner”, is as follows:
“5 Attorney-General may apply for orders
(1) The Attorney-General may apply to the court for an order or
orders under section 8 and a division 3 order in relation to a
prisoner.
5 In which s 13 is located.
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(2) The application must—
(a) state the orders sought; and
(b) be accompanied by any affidavits to be relied on by the
Attorney-General for the purpose of seeking an order or
orders under section 8; and
(c) be made during the last 6 months of the prisoner’s period of
imprisonment.
(3) On the filing of the application, the registrar must record a return
date for the matter to come before the court for a hearing
(preliminary hearing) to decide whether the court is satisfied
that there are reasonable grounds for believing the prisoner is a
serious danger to the community in the absence of a division 3
order.
(4) The return date for the preliminary hearing must be within 28
business days after the filing.
(5) A copy of the application and any affidavit to be relied on by
the Attorney-General must be given to the prisoner within 2
business days after the filing.
(6) In this section—
(1) prisoner means a prisoner detained in custody who is
serving a period of imprisonment for a serious sexual
offence, or serving a period of imprisonment that includes
a term of imprisonment for a serous sexual offence, whether
the person was sentenced to the term or period of
imprisonment before or after the commencement of this
section.”
[14] The definition of “prisoner” in s 5(6) introduces the concept of “a serious sexual offence”.
That term is defined as follows:
“serious sexual offence means an offence of a sexual nature, whether
committed in Queensland or outside Queensland—
(a) involving violence; or
(b) against a child; or
(c) against a person, including a fictitious person represented to the
prisoner as a real person, whom the prisoner believed to be a child
under the age of 16 years.”
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[15] Section 8 provides for a preliminary hearing. It is in terms:
“8 Preliminary hearing
(1) If the court is satisfied there are reasonable grounds for believing
the prisoner is a serious danger to the community in the absence
of a division 3 order, the court must set a date for the hearing of
the application for a division 3 order.
(2) If the court is satisfied as required under subsection (1), it may
make—
(a) an order that the prisoner undergo examinations by 2
psychiatrists named by the court who are to prepare
independent reports; and
(b) if the court is satisfied the application may not be finally
decided until after the prisoner’s release day –
(i) an order that the prisoner’s release from custody be
supervised; or
(ii) an order that the prisoner be detained in custody for
the period stated in the order.”
[16] The term “prisoner”, as used in s 8 is defined differently to the definition in s 5(6). In s 8,
the term “prisoner” has the same meaning as that defined for the purposes of the
Corrective Services Act 2006.6 The distinction is, though, not relevant here.7 The
respondent was clearly a “prisoner” at all times relevant to the DPSOA proceedings.
[17] Section 8 introduces the notion of “serious danger to the community”. This term is
defined in s 13 which is the pivotal section in Division 3 of Part 2. Section 13 is in these
terms:
“13 Division 3 orders
(1) This section applies if, on the hearing of an application 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.
6 Dangerous Prisoners (Sexual Offenders) Act 2003 s 2 and the dictionary which is the Schedule to the Act.
7 See Attorney-General for the State of Queensland v Newman [2019] 2 Qd R 1.
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(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;
(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—
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(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.
(7) The Attorney-General has the onus of proving that a prisoner is
a serious danger to the community as mentioned in subsection
(1).”
[18] Orders which can be made under s 8 include orders that a prisoner undergo psychiatric
examination. The evidence so obtained is then relied upon by the Attorney-General on
the application brought under s 13. Relevant to examinations ordered under s 8, are ss 11
and 12 which are in these terms:
“11 Preparation of psychiatric report
(1) Each psychiatrist examining the prisoner must prepare a report
under this section.
(2) The report must indicate—
(a) the psychiatrist’s assessment of the level of risk that the
prisoner will commit another serious sexual offence—
(i) if released from custody; or
(ii) if released from custody without a supervision order
being made; and
(b) the reasons for the psychiatrist’s assessment.
(3) For the purposes of preparing the report, the chief executive
must give each psychiatrist any medical, psychiatric, prison or
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other relevant report or information in relation to the prisoner in
the chief executive’s possession or to which the chief executive
has, or may be given, access.
(4) A person in possession of a report or information mentioned in
subsection (3) must give a copy of the report or the information
to the chief executive if asked by the chief executive.
(5) Subsection (4) authorises and requires the person to give the
report or information despite any other law to the contrary or any
duty of confidentiality attaching to the report.
(6) If a person required to give a report or information under
subsection (4) refuses to give the report or information, the chief
executive may apply to the court for an order requiring the
person to give the report or information to the chief executive.
(7) A person giving a report or information under subsection (4) or
(6) is not liable, civilly, criminally or under an administrative
process, for giving the report or information.
(8) Each psychiatrist must have regard to each report or the
information given to the psychiatrists under subsection (3).
(9) Each psychiatrist must prepare a report even if the prisoner does
not cooperate; or does not cooperate fully, in the examination.
12 Psychiatric reports to be given to the Attorney-General and the
prisoner
(1) Each psychiatrist must give a copy of the psychiatrist’s report to
the Attorney-General within 7 days after finalising the report.
(2) The Attorney-General must give a copy of each report to the
prisoner on the next business day after the Attorney-General
receives the report.”
[19] Section 16 deals with the contents of supervision orders:
“16 Requirements for orders
(1) If the court or a relevant appeal court orders that a prisoner’s
release from custody be supervised under a supervision order or
interim supervision order, the order must contain requirements
that the prisoner—
(a) report to a Corrective Services officer at the place, and
within the time, stated in the order and advise the officer
of the prisoner’s current name and address; and
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(b) report to, and receive visits from, a Corrective Services
officer as directed by the court or a relevant appeal court;
and
(c) notify a Corrective Services officer of every change of
the prisoner’s name, place of residence or employment at
least 2 business days before the change happens; and
(d) be under the supervision of a Corrective Services officer;
and
(da) comply with a curfew direction or monitoring direction;
and
(daa) comply with any reasonable direction under section 16B
given to the prisoner; and
(db) comply with every reasonable direction of a Corrective
Services officer that is not directly inconsistent with a
requirement of the order; and
Examples of direct inconsistency—
If the only requirement under subsection (2)
contained in a particular order is that the released
prisoner must live at least 1km from any school—
1 A proposed direction to the prisoner would be
directly inconsistent if it requires the released
prisoner to live at least 2km from any school.
2 A proposed direction to the prisoner would not
be directly inconsistent if it requires the
released prisoner to live at least a stated
distance from something else, including, for
example, children’s playgrounds, public
parks, education and care service premises or
QEC service premises.
3 A proposed direction to the prisoner would not
be directly inconsistent if it requires the
released prisoner not to live anywhere unless
that place has been approved by a Corrective
Services officer.
(e) not leave or stay out of Queensland without the
permission of a Corrective Services officer; and
(f) not commit an offence of a sexual nature during the
period of the order.
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(2) The order may contain any other requirement the court or a
relevant appeal court considers appropriate—
(a) to ensure adequate protection of the community; or
Examples for paragraphs (a)—
• a requirement that the prisoner must not
knowingly reside with a convicted sexual
offender
• a requirement that the prisoner must not,
without reasonable excuse, be within 200m of
a school
• a requirement that the prisoner must wear a
device for monitoring the prisoner’s location
(b) for the prisoner’s rehabilitation or care or treatment.”
[20] Section 13A deals with fixing the term of the supervision order. 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 cannot end before 5 years after the making of the
order or the end of the prisoner’s period of imprisonment,
whichever is the later.”
[21] Section 9AA provides that victims of the offending of a respondent to a DPSOA
application may make submissions on a Division 3 application. That section provides:
“9AA Victim’s submission relating to division 3 order
(1) As soon as practicable after the court sets a date for the hearing
of an application for a division 3 order, the chief executive must
give written notice of the application and hearing date to the
following eligible person—
(a) subject to paragraph (b), the actual victim of the serious
sexual offence for which the prisoner is serving a term or
period of imprisonment;
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(b) if the victim is under 18 years or has a legal incapacity,
the victim’s parent or guardian.
(2) The notice must invite the eligible person to give to the chief
executive, before the date stated in the notice, a written
submission stating—
(a) the person’s views about any division 3 order or
conditions of release to which the prisoner should be
subject; and
(b) any other matters prescribed under a regulation.
(3) It is sufficient compliance with subsection (1) for the chief
executive to give the notice to the eligible person at the eligible
person’s last-known address recorded in the eligible persons
register.
(3A) The chief executive must, before the hearing, give the Attorney-
General—
(a) if the chief executive received a submission from an
eligible person in response to a notice given to the person
under subsection (3)—the submission; or
(b) information that the eligible person has not given a
submission in response to the notice.
(4) The Attorney-General must place before the court for the
hearing of the division 3 order any submission received from the
eligible person before the hearing date.
The medical evidence
[22] By late 2012, the Prison Mental Health Service had noticed a general decline in the
respondent. He was behaving strangely, seemed to have poor memory and was having
difficulty with personal hygiene. The respondent had earlier been diagnosed with post-
traumatic stress disorder (PTSD). This was attributed to military service. The
respondent’s decline though was thought more likely to be as a result of the onset of
dementia rather than PTSD.
[23] When Dr Harden examined the respondent in September 2018,8 he noticed significant
cognitive impairment which he thought was likely to be associated with dementia. Dr
Harden made provisional diagnoses of:
(i) Major Neurocognitive Disorder; and
(ii) Paedophilia.
[24] On the issue of risk, Dr Harden thought:
8 Which culminated in his report of 14 December 2018.
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(i) the respondent’s risk of sexual recidivism was in the range of moderate or moderate
to high;
(ii) a supervision order would not reduce the respondent’s risk unless the respondent
was capable of complying with the orders designed to reduce risk and that was
doubtful;
(iii) the respondent’s cognitive impairments were such that he may need to be housed
in suitable secure accommodation; and
(iv) the respondent must not have any contact with children.
[25] Dr McVie examined the respondent on 27 April 2019.9 She diagnosed the respondent as
suffering from:
(i) Paedophilia;
(ii) Post-traumatic stress disorder; and
(iii) a dementing illness with cognitive deficits and poor functional abilities.
[26] As to risk, Dr McVie thought:
(i) the respondent’s risk of sexual violence is moderate;
(ii) the respondent would require placement in a suitable secure accommodation; and
(iii) with suitable secure accommodation and with a supervision order, the respondent’s
risk would be reduced to low.
[27] Dr Karen Brown saw the respondent on 25 May 2019.10 She diagnosed the respondent
as suffering from:
(i) Paedophilic disorder (non-exclusive type);
(ii) Major Neurocognitive Disorder (dementia); and
(iii) Post-traumatic stress disorder.
[28] As to risk, Dr Brown considered:
(i) the respondent’s risk of sexual reoffending was at least moderate;
(ii) the respondent’s dementing illness is likely to raise the prospect of disinhibited
behaviour and increased risk of offending. She thought that the dementing illness
may have contributed to the 2006 offence; and
(iii) the respondent is likely to need 24 hour supervision in suitable secure
accommodation.
Consideration of the issues
[29] The first question is whether there is an unacceptable risk that the respondent will commit
a serious sexual offence if released without a Division 3 order.11 If the answer to that is
9 Her report is dated 28 May 2019.
10 Her report is dated 10 June 2019.
11 Dangerous Prisoners (Sexual Offenders) Act 2003 s 13(2).
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in the affirmative, then the respondent is a serious danger to the community in the absence
of a Division 3 order.12
[30] Here, the evidence all points to the conclusion that the respondent is an unacceptable risk
of committing a serious sexual offence in the absence of a Division 3 order. The relevant
risk here is one of committing “an offence of a sexual nature against a child”.13 In
particular:
(i) the index offences were very serious;
(ii) the index offences were committed over a lengthy period of time;
(iii) the respondent suffers paedophilia;
(iv) for various reasons explained in the material (and to which it is unnecessary to
refer), the respondent has not undertaken sexual offender treatment programs and
is therefore untreated;
(v) the respondent is suffering from a worsening dementia;
(vi) the 2006 offence against AW was spontaneous in nature and a contributing factor
is likely to have been a lowered inhibition caused by advancing dementia; and
(vii) as the dementia advances, the likelihood of spontaneous offending against children
will increase.
[31] The second issue is whether to:
(i) make a detention order; or
(ii) make a supervision order; or
(iii) make no order.
[32] There are no discretionary considerations here which would lead to the making of no
order. If the adequate protection of the community can be ensured by the making of a
supervision order, then the making of a supervision order should be preferred to the
making of a continuing detention order.14
[33] Here, the evidence of the psychiatrists is that a supervision order cannot manage risk
unless the respondent is housed in suitable secure accommodation.
[34] The evidence is that there is now such accommodation available for the respondent as
and from Monday 23 December 2019.
[35] I accept the evidence of the psychiatrists that a supervision order conditional upon the
respondent residing in suitable secure accommodation will reduce risk and I find that risk
will be reduced to an acceptable level.
[36] The supervision order should be in place while the respondent poses an unacceptable risk
if not supervised.15
12 Dangerous Prisoners (Sexual Offenders) Act 2003; and as to the approach to applying s 13, see the observations
of McMurdo J (as his Honour then was) in Attorney-General for the State of Queensland v Sutherland [2006]
QSC 268 at [26]-[30].
13 Dangerous Prisoners (Sexual Offenders) Act 2003; definition of “serious sexual offence”.
14 Attorney-General for the State of Queensland v Francis [2007] 1 Qd R 396 at [39].
15 Attorney-General for the State of Queensland v KAH [2019] QSC 36 at [68]-[72].
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[37] Here, the evidence of the psychiatrists, which I accept, is that the respondent’s dementia
contributes to risk by lowering inhibition. The dementia will advance so risk will not
reduce, at least until the respondent is incapacitated to the point where offending becomes
unlikely. His paedophilia will not resolve and he is incapable of completing treatment
programs. The respondent is now 80 and therefore likely to be a risk for most of the
remainder of his life.
[38] It is appropriate to fix the duration of the supervision order at 10 years.
[39] One of the survivors of the respondent’s offending made submissions pursuant to s 9AA
of the DPSOA. She submitted that the respondent remained a risk of reoffending and was
therefore a risk to the community. She is right about that. The respondent cannot be
released into the community. However, for the reasons I have given, the respondent can,
and should, be released on supervision into a secure environment where he will not have
access to children.
Findings and orders
[40] I find that the respondent is a serious danger to the community in the absence of a Division
3 order.
[41] I find that the adequate protection of the community against the commission by the
respondent of a serious sexual offence can be managed by a supervision order in terms of
the Schedule to these reasons which includes a condition that the respondent reside in
approved accommodation. The only accommodation which will be approved by
Queensland Corrective Services is suitable secure accommodation.
[42] I make a supervision order in terms of the Schedule.
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SUPREME COURT OF QUEENSLAND
SCHEDULE TO: Attorney-General for the State of Queensland v WBG [2019]
QSC 324
PARTIES: ATTORNEY-GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
WBG
(respondent)
SCHEDULE
THE COURT is satisfied that [the Respondent] is a serious danger to the community in the
absence of an Order made under Division 3 of the Dangerous Prisoners (Sexual Offenders) Act
2003 (the Act).
THE COURT ORDERS THAT [the Respondent] be released from custody:
a. effective from time of his release, by 4:00pm on 23 December 2019, to a place approved
by Queensland Corrective Services; and
b. subject to the requirements of this supervision order for 10 years, until 23 December
2029.
TO [the Respondent]:
1. You are being released from custody on the condition that you obey the rules in this
supervision order.
If you do not obey these rules, you may be taken back into custody.
2. You must obey these rules for the next 10 years.
Reporting and Supervision
3. On the day you are released from custody, you must report to a Queensland Corrective
Services officer at the Queensland Probation and Parole Office closest to your place of
residence between 9am and 4pm, and advise the officer of your current name and address.
4. After you are released from custody, you must report to, and receive visits from, a
Queensland Corrective Services officer, when and where they tell you to.
5. For the whole time you are under this order, you will be supervised by a Corrective
Services officer. This means you must obey any reasonable direction that a corrective
services officer gives you about:
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a. where you can live; and
b. rehabilitation, care or treatment programs; and
c. anything else, which is not directly inconsistent with this supervision order.
6. If there is any change in your name, you must tell a Corrective Services officer at least
two (2) business days before the change is going to happen.
7. You will be under the supervision of a Queensland Corrective Services officer for the
duration of this order.
No sexual offences
8. You must not commit an offence of a sexual nature during the period of the order.
Where you must live
9. Upon your release from custody, you must live at an address in Queensland as approved
by a Corrective Services officer. You must obey any rules that apply to people who live
there.
10. You cannot live at another address unless, before you move to the other address, you have
written permission from a Corrective Services officer to live at another place.
This also means you cannot stay overnight, or for a few days, or for a few weeks, at
another place, without first obtaining permission from a Corrective Services officer.
11. You must not leave or stay out of Queensland without the permission of a Corrective
Services officer.
Curfew direction
12. A Corrective Services officer may tell you to stay at a specific place (for example, where
you live) for a specific period of time.
This is called a curfew direction. You must obey a curfew direction.
Monitoring direction
13. A Corrective Services officer may tell you to:
a. wear a device which tracks your location; and/or
b. install a device or equipment at the place you live, which will monitor if you
are there.
This is called a monitoring direction. You must obey a monitoring direction.
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Contact with victims
14. You must not contact or communicate with, or try to contact or communicate with, in any
way (including by asking someone else to do this for you) any victim(s) of a sexual
offence committed by you.
“Contact” means communicating with them in person, by telephone, on social media, or
in any other way.
Disclosure of plans and associates
15. Each week or as directed, you must discuss your plans for that week with a corrective
services officer. A Corrective Services officer may tell you how to do this (for example,
in person or in writing).
16. If directed by a Corrective Services officer, you must tell any person you associate with
about:
a. this supervision order; and
b. your offence history.
A Corrective Services officer may contact your associates to verify you have told them.
Medical
17. You must permit any medical, psychiatrist, psychologist, social worker, counsellor, allied
health care professional or other mental health professional to disclose details of
medication, treatment, intervention and opinions to Queensland Corrective Services.
Children
18. You are not allowed to have any supervised or unsupervised contact with children under
16 years of age, unless you have written permission from a Corrective Services officer
before the contact.
“Contact” means communicating with them in person, by telephone, on social media, or
in any other way.
19. You are not to visit or attend any location that children frequent without the prior written
approval of a Queensland Corrective Services officer
-- 17 of 17 --
Official source: https://www.sclqld.org.au/caselaw/QSC/2019/324