Attorney-General for the State of Queensland v Thumm [2008] QSC 180
SUPREME COURT OF QUEENSLAND
CITATION: A-G for the State of Qld v Thumm [2008] QSC 180
PARTIES: ATTORNEY GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
TERRENCE WILLIAM THUMM
(respondent)
FILE NO: BS4220/08
DIVISION: Trial Division
PROCEEDING: Application
ORIGINATING
COURT: Supreme Court, Brisbane
DELIVERED ON: 19 August 2008
DELIVERED AT: Supreme Court, Brisbane
HEARING DATE: 14 August 2008
JUDGE: Douglas J
ORDER: 1. The Court is satisfied to the requisite standard that
the respondent, Terrence William Thumm, is a
serious danger to the community in the absence of an
order pursuant to Division 3 of the Dangerous
Prisoners (Sexual Offenders) Act 2003.
2. The respondent be subject to the following
requirements until 19 August 2023:
The respondent must:
i. be under the supervision of a Corrective
Services officer for the duration of the order;
ii. report to a Corrective Services officer at the
Queensland Corrective Services Probation
and Parole Office closest to his place of
residence between 9am and 4pm on the day of
release from custody and at that time advise
the officer of the respondent’s current name
and address;
iii. report to, and receive visits from, a
Corrective Services officer at such times and
at such frequency as determined by
Queensland Corrective Services;
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iv. notify and obtain the approval of a Corrective
Services officer for every change of the
prisoner’s name at least two business days
before the change occurs;
v. comply with a curfew direction or monitoring
direction;
vi. notify a Corrective Services officer of the
nature of his employment, or offers of
employment, the hours of work each day, the
name of his employer and the address of the
premises where he is or will be employed;
vii. seek permission and obtain approval from a
Corrective Services officer prior to entering
into an employment agreement or engaging in
volunteer work or paid or unpaid
employment;
viii. reside at a place within the State of
Queensland as approved by a Corrective
Services officer by way of a suitability
assessment;
ix. not reside at a place (other than that referred
to in (viii)) by way of short term
accommodation including overnight stays
without the permission of a Corrective
Services officer;
x. not leave or stay out of Queensland without
the written permission of a Corrective
Services officer;
xi. not commit an offence of a sexual nature
during the period of the order;
xii. comply with every reasonable direction of a
Corrective Services officer;
xiii. respond truthfully to inquiries by authorised
Corrective Services officers about his
whereabouts and movements generally;
xiv. not have any direct or indirect contact with a
victim of his sexual offences;
xv. disclose to a Corrective Services officer upon
request the name of each person with whom
he associates and respond truthfully to
requests for information from a Corrective
Services officer about the nature of the
association, address of the associate if known,
the activities undertaken and whether the
associate has knowledge of his prior offending
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behaviour;
xvi. notify an officer of the make, model, colour
and registration number of any vehicle owned
by or generally driven by him, whether hired
or otherwise obtained for his use;
xvii. abstain from the consumption of alcohol for
the duration of this order;
xviii. abstain from illicit drugs for the duration of
this order;
xix. take prescribed drugs as directed by a
medical practitioner;
xx. not visit hotels, taverns or nightclubs, without
the prior written permission of a Corrective
Services officer;
xxi. submit to any form of drug and alcohol
testing including both random urinalysis and
breath testing as directed by a Corrective
Services officer;
xxii. attend upon and submit to assessment and/or
treatment by a psychiatrist, psychologist,
social worker, counsellor or other mental
health professional as directed by a
Corrective Services officer as is
recommended by such treating intervention
specialist, the expense of which is to be met by
Queensland Corrective Services;
xxiii. permit any medical, psychiatric,
psychological or other mental health
practitioner to disclose details of treatment,
intervention and opinions relating to the level
of risk of re-offending and compliance with
this order to Queensland Corrective Services
if such a request is made for the purposes of
updating or amending the supervision order
and/or ensuring compliance with this order;
xxiv. attend any program, course, psychologist or
counsellor, in a group or individual capacity,
as directed by a Corrective Services officer in
consultation with treating medical,
psychiatric, psychological or other mental
health practitioners where appropriate, the
cost of which is to be met by Queensland
Corrective Services;
xxv. not without reasonable excuse be within 100
metres of schools or child care centres
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between 7:00am to 9:30am and 2:30pm to
4:30pm;
xxvi. not access schools or child care centres at any
time without prior written approval of a
Corrective Services officer;
xxvii. not visit public parks without prior written
permission from a Corrective Services officer
or in the course of his employment and in the
company of an adult approved in writing by a
Corrective Services officer;
xxviii. not establish and maintain contact with
children under 16 years of age without
written prior approval by a Corrective
Services officer;
xxix. seek written permission from a Corrective
Services officer prior to joining, affiliating
with or attending on the premises or engaging
in the activities of any club, organisation or
group;
xxx. not be on the premises of any shopping
centre, without reasonable excuse, between
8:00am to 9:30am and between 2:30pm and
4:30pm on school days other than for the
purpose of:
a. approved employment;
b. attending an approved bona fide
pre-arranged appointment with a
Government agency, medical
practitioner or the like;
xxxi. advise a Corrective Services officer of any
repeated contact with a person who the
Respondent knows or ought to know is a
parent of a child under the age of 16. The
offender shall, if directed by his supervising
officer, make complete disclosure of the terms
of this supervision order and the nature of his
past offences to any person as nominated by
the supervising officer who may contact such
persons to verify that full disclosure has
occurred;
xxxii. not access pornographic images that display
photographs or images of children on a
computer or on the internet or in any other
format;
xxxiii. make available to a Corrective Services
officer all necessary passwords and access
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codes to permit the respondent’s use of any
computer to which he has had access to be
examined from time to time and not to delete
or erase any content from such a computer
without the prior written approval of a
Corrective Services officer.
CATCHWORDS: CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – JUDGMENT AND PUNISHMENT –
SENTENCE – MISCELLANEOUS MATTERS – SEXUAL
OFFENDERS – where the respondent completed a term of
imprisonment for the commission of numerous serious sexual
offences – where an application by the Attorney-General for
an order pursuant to Division 3 of the Dangerous Prisoners
(Sexual Offenders) Act 2003 – whether the respondent is a
serious danger to the community under s.13 of the Dangerous
Prisoners (Sexual Offenders) Act 2003 – whether respondent
should be subject to a supervision order.
Dangerous Prisoners (Sexual Offenders) Act 2003, ss.3, 13,
19
Attorney-General (Qld) v Francis [2006] QCA 324, applied
COUNSEL: J.M Horton for the applicant
D.C. Shepherd for the respondent
SOLICITORS: C W Lohe, Crown Solicitor for the applicant
Legal Aid Queensland for the respondent
[1] Douglas J: In this application by the Attorney-General for the respondent, Mr
Thumm’s, indefinite detention or, alternatively, his release subject to a supervision
order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003, it is
accepted by the applicant that the evidence, particularly the psychiatric evidence,
favours the continuation of supervision arrangements rather than the imposition of
detention. It is also conceded for the respondent that there is acceptable, cogent
evidence of sufficient weight to satisfy me that Mr Thumm is a serious danger to the
community in the absence of an order made pursuant to Division 3 of the Act.
[2] Mr Thumm is 53 years old and has recently completed a term of imprisonment for
more than four and a half years for the commission of a number of serious sexual
offences between 1984 and 2001. Many of the complainants were boys of about 15
or 16, the same age as Mr Thumm when he was first interfered with himself by
another man in circumstances which appear to be relevant to his pattern of
offending. It was regarded as significant by the psychiatrists, however, that the two
most recent offences for which he was convicted involved younger boys, one of 12
and one of six or seven. The pattern of offending extended, therefore, over a period
of approximately 17 years involving the commission of numerous offences in
respect of seven different complainants where Mr Thumm was also able, as Dr
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Sundin said, to “go under the radar” without being detected for the whole of that
period.1
[3] His pattern of offending included a significant number of occasions where Mr
Thumm either forced himself upon a complainant or interfered with him while
asleep. The offences were described by one of the sentencing judges as calculated,
reflecting predatory behaviour on his part, not opportunistic but rather ones where
his conduct was deliberate including him gaining the trust of the families of the
complainants. He was described as someone who befriended the parents of the boys
whom he attacked such that he was in a position of trust so far as those boys were
concerned.
[4] The psychiatric evidence obtained since an interim supervision order was made on
22 May 2008 is that he poses a “moderate” risk of reoffending sexually in the
opinion of Dr Harden and Dr Sundin while Professor James had earlier, before the
interim supervision order was made, assessed his risk of recidivism as moderate to
low, a view that he maintained in his oral evidence. Even on that more favourable
assessment for Mr Thumm, Professor James also said:
“…Given the long history of Mr Thumm’s offending, it would in my
opinion be important to reinforce his good intentions by externally
imposed requirements, the goal of which should be the minimisation
of the opportunities for Mr Thumm again to develop significant
relationships with males under the age of 16 years.”2
[5] Professor James’s view, which he confirmed at this hearing, was that Mr Thumm
had achieved more emotional insight into his offending than either Dr Harden or Dr
Sundin thought was the case.
[6] In the circumstances, therefore, it seems to me that the threshold test for the making
of final orders under the Act, satisfaction that Mr Thumm is a serious danger to the
community in the absence of a Division 3 order, has been met in the sense that there
is an unacceptable risk that he will commit a serious sexual offence if he is released
from custody without such an order being made. The diagnosis of all three
psychiatrists of paedophilia and their view that he has a propensity to commit sexual
offences against boys coupled with his history of the commission of such offences
justifies the conclusion that an order should be made.
[7] That it should be an order for his supervision rather than his continuing detention is
reinforced by the fact that while he has been subject to an interim supervision order
his compliance with that order has been good, leading to the reduction of some
curfew and monitoring conditions. He also has available to him accommodation
which has been assessed as suitable by Queensland Corrective Services and has an
offer of employment with a business which, if it were accepted as desirable by
Queensland Corrective Services, would be advantageous to his reintegration into the
community. The psychiatric evidence is all one way also as to the preferability of
supervision arrangements rather than detention.
[8] The parties, therefore, agreed on a significant number of conditions appropriate to
an order to be made by me but differed in respect of several of them which I shall
1 T. 40 l. 40.
2 See the report of Professor James attached to his affidavit filed 9 May 2008 at p. 25.
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deal with in the sequence in which they appear in the proposed draft order prepared
for the applicant Attorney-General.
Commission of an indictable offence during the period of the order
[9] Mr Shepherd, for Mr Thumm, submitted that there was no demonstrated need to
include a condition that he not commit an indictable offence during the period of the
order. He did not oppose an earlier proposed condition that the respondent not
commit an offence of a sexual nature during that period.
[10] The psychiatric evidence was that there was a statistical correlation between
reoffending generally and the commission of further sexual offences but Dr Sundin
and Professor James, in particular, conceded that there was nothing in Mr Thumm’s
general criminal history to suggest that he was at risk of reoffending other than in
respect of the types of matters for which he had been convicted.3 He had no other
relevant criminal history. It seems reasonably clear on the evidence, also, that his
pattern of offending was very specific and that his behaviour otherwise did not
suggest any significant risk that he would commit further indictable offences other
than those of a sexual nature. Mr Shepherd also submitted that a later condition
sought that he submit to assessment or treatment by a psychiatrist or other mental
health professional as directed by a Corrective Services Officer would be likely to
help deal with any behaviour of concern that might be demonstrated by the
commission of other indictable offences.
[11] As the Court of Appeal said in Attorney-General (Qld) v Francis [2006] QCA 324
at [39], the question is whether the protection of the community is adequately
ensured and the liberty of the subject should be constrained to no greater extent than
is warranted by the statute which authorises the constraint. Applying that approach,
I have concluded that, in this case, where it is agreed that a condition should be
included that he not commit an offence of a sexual nature during the period of the
order, there is no need shown to include a further condition that he not commit an
indictable offence during that period.
Response to enquiries and disclosure to authorised Corrective Services officers
[12] The orders sought by the applicant include the following:
“respond truthfully to enquiries by authorised Corrective Services
officers about his whereabouts and movements generally;
…
disclose to a Corrective Services officer upon request the name of
each person with whom he associates and respond truthfully to
requests for information from a Corrective Services officer about the
nature of the association, address of the associate if known, the
activities undertaken and whether the associate has knowledge of his
prior offending behaviour.”
[13] A condition to which no objection is taken is that he comply with every reasonable
direction of a Corrective Services officer and Mr Shepherd submitted that was
sufficient to cope with the problems to which the other two conditions were
3 See Professor James at T. 30 ll. 30-46 and Dr Sundin at T. 37 l. 43-T. 38 l. 4
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directed. In that context he pointed out that the conditions to which he objected
were not qualified by any requirement of reasonableness in respect of the inquiries
or disclosure to be made.
[14] Prima facie, inquiries by an authorised Corrective Services officer about Mr
Thumm’s whereabouts and movements and about the names and other details of his
associates are likely of their nature to be reasonable inquiries directed towards
serving the ends of the imposition of these conditions, namely the adequate
protection of the community and the continuing control, care or treatment of Mr
Thumm to facilitate his rehabilitation; see s. 3 of the Act. I find it difficult to
conceive of a situation where the obligation imposed by such a requirement would
be likely to be abused but, if it were, there is scope under s. 19 of the Act to amend
a supervision order.
Visiting of licensed premises
[15] One condition sought for the Attorney-General was that Mr Thumm not visit
premises licensed to supply or serve alcohol, without the prior written permission of
a Corrective Services officer. The variety of such premises is likely to make
inadvertent breach of such an order relatively easy. The parties agreed, therefore,
that a more appropriate condition would be that he not visit hotels, taverns or
nightclubs without the prior written permission of a Corrective Services officer.
That seems to me to be an appropriate addition to the other accepted condition that
he abstain from consumption of alcohol for the duration of the order, one regarded
by the psychiatrists as important because of his use of alcohol previously to relieve
anxiety from which he suffered and to assist him to disinhibit himself.
Submission to psychiatric and other such treatment
[16] The Attorney-General also submitted that it was appropriate that one of the
requirements of the order be that he “attend upon and submit to assessment and/or
treatment by a psychiatrist, psychologist, social worker, counsellor or other mental
health professional as directed by a Corrective Services officer as is recommended
by such treating intervention specialist, the expense of which is to be met by
Queensland Corrective Services”.
[17] This and the next proposed requirement that Mr Thumm undergo medical testing or
treatment were objected to on the basis that Mr Thumm should not be forced to
undergo invasive treatment, in particular, without his informed consent. The second
proposed requirement read as follows:
“Agree to undergo medical testing or treatment (including the testing
of testosterone levels by an endocrinologist) as deemed necessary by
such treating psychiatrist and supervising Corrective Services officer,
and permit the release of the results and details of the testing to
Queensland Corrective Services, if such a request is made for the
purposes of updating or amending the supervision order or for
ensuring compliance with this order, the expense of which is to be
met by Queensland Corrective Services.”
[18] The former condition in respect of psychiatric assessment and/or treatment seems to
me to be both useful and non-invasive in the sense that such treatment would
normally require not only the informed consent of the respondent but also his
cooperation. It is also a requirement responsive to the psychiatric condition from
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which he suffers as a paedophile and may allow him to be treated if symptoms
occur suggesting that he is at risk of committing further such offences or he
misbehaves in other forms.
[19] There seems to me to be a problem with imposing the further requirement in respect
of medical testing or treatment even though one would not expect it to be given
ethically without the respondent’s informed consent. There is no demonstrated need
for such medical testing or treatment including the testing of testosterone levels at
this stage as there is no indication that his offences are related to any problem of
hypersexuality. Mr Shepherd was concerned that this requirement could be used to
require Mr Thumm to undergo anti-androgen treatment in the future, something not
authorised by the Act in particular terms. The psychiatrists were of the view that it
was not likely that he would be prescribed such treatment and believed that it would
not be prescribed for him in any event without his informed consent.
[20] In those circumstances it again seems to me to be a case where the adequate
protection of the community does not require this constraint on the liberty of the
subject, which would require Mr Thumm’s agreement in advance to treatment that
is not specified and is not presently thought to be necessary. Again, if a problem
arises in the future in respect of this issue and the facts then warrant some
amendment to the order a further application may be made. At present I see no need
to include such a requirement.
Public parks
[21] The Attorney-General initially submitted that there be a condition that the
respondent not visit public parks without prior written permission from a Corrective
Services officer. The possible employment of Mr Thumm may include work such
as tree felling which would take him to public parks in that occupation. A
suggested reformulation of the order is as follows:
“not visit public parks without prior written permission from a
Corrective Services officer or in the course of his employment and in
the company of an adult approved in writing by a Corrective
Services officer.”
[22] That form seemed likely to meet the concerns of both parties.
Contact with children
[23] The Attorney-General’s submission was that the requirement be that he “not
establish and maintain contact with children under 16 years of age without prior
approval by a Corrective Services officer”. Mr Shepherd was originally inclined to
argue that it could be limited simply to male children because of his previous
pattern of offending but the psychiatric evidence indicated that contact with younger
female children by the respondent could also be problematical because he may be
able to use access to girls to allow him to meet young men. There was also concern
that the change in his pattern of offending indicated by the later offences against
younger complainants could suggest that female children may also be at risk.
[24] One analysis of his pattern of offending was that he drew satisfaction from feelings
of power associated with his offending which could also affect his relationships
with girls. His history included many occasions, during extended periods, where he
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had apparently normal sexual relationships with women during the period that he
was also offending against male children.
Joining clubs
[25] Conditions were proposed for the Attorney-General that he not join, affiliate with or
attend on the premises of any club, organisation or group without permission from a
Corrective Services officer. It was also sought that he not join, affiliate with or
attend on the premises of or attend at activities carried on by such a club or
organisation in respect of which there were reasonable grounds for believing there
was either child membership or child participation. The latter condition was
expressed originally in absolute terms not able to be varied by permission from a
Corrective Services officer.
[26] When, for example, it was pointed out to Dr Sundin that such a condition could
prevent the respondent from joining a library even with the consent of a Corrective
Services officer and she conceded that there were practical difficulties with such an
approach,4 the parties agreed that an appropriate condition would simply be as
follows:
“seek written permission from a Corrective Services officer prior to
joining, affiliating with or attending on the premises or engaging in
the activities of any club, organisation or group.”
[27] That seems to me to be an appropriate order.
Contact with a parent of a child under the age of 16
[28] The condition sought is as follows:
“Advise a Corrective Services officer of any repeated contact with a
person who, the respondent knows or ought to know, is a parent of a
child under the age of 16. The offender shall, if directed by his
supervising officer, make complete disclosure of the terms of this
supervision order and the nature of his past offences to any such
person as nominated by the supervising officer who may contact
such persons to verify that full disclosure has occurred.”
[29] Mr Shepherd’s concern was with the imprecision of the word “repeated” in the first
line of that proposed requirement. He did not otherwise object to it but
acknowledged the difficulty of defining the type of conduct sought to be controlled
with any greater degree of precision. One might, for example, use the word
“regular” instead of “repeated” but it still gives rise to similar problems. It seems to
me that the object of the requirement is sufficiently clear in its current form.
Access to computers and the internet
[30] A requirement not the subject of dispute is that Mr Thumm not access pornographic
images that display photographs or images of children on a computer or on the
internet or in any other formats. A more contentious condition sought was that he
“obtain the prior written approval of a Corrective Services officer before accessing a
computer or the internet.”
4 T. 40 l. 31.
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[31] Because of the ubiquity of computers and the internet and often the necessity that
individual citizens have access to them for banking and similar mundane activities,
it was argued that this condition was impractical. An alternative formulation as
follows was regarded as acceptable by both parties:
“make available to a Corrective Services officer all necessary
passwords and access codes to permit the respondent’s use of any
computer to which he has had access to be examined from time to
time and not to delete or erase any content from such a computer
without the prior written approval of a Corrective Services officer.”
Duration
[32] The last significant issue in debate was the length of the order. Dr Harden was of
the view that it should extend for between 10 and 15 years. Dr Sundin took the
view that it should extend for 15 years and Professor James expressed the view that
a 10 year term would be adequate.
[33] Dr Sundin’s reasons for her opinion that a 15 year term was more appropriate were
the most fully expressed. She said:5 .
“It is based on two things. It's based upon the issues to do
with his personality and the issues to do with his libido.
Taking the libido issue first, when hyposexuality (sic6 ) is one of
the drivers in sexual offending behaviour, you have the
benefit that age can diminish sexual drive, so in a gentleman
of this age you can sometimes look at it and say, well, as he
starts getting into his sixties or seventies, you can count on
that actually dropping down the risk of recidivism to some
degree. In this gentleman, because we don't have
hypersexuality as one of the motivating factors, we can't say
we have that as a - a likely remitter.
Yes?-- From a personality perspective, what we have in this
gentleman is a pattern where the offending behaviour seems to
have been linked to anxiety and as a response to stress and as
a response to - as a regression back to a time of a feeling of
comfort. The potential for that occurring isn't going to
remit with time. In fact, as we get older, the chances of
becoming isolated and reacting to that isolation and seeking
comfort potentially actually can increase, so in my opinion,
keeping the order going longer provides a greater protection
to the community, and also a greater protection to Mr Thumm.”
[34] She was also concerned about the 17 year period of his previous offending and the
fact that it went undetected for that period in spite of its regularity. She also
expressed the view that it was desirable to be cautious in respect of his management
in the community because he presented as intelligent, affable and apparently well-
meaning. 7 Her reasoning and approach to the problem of assessing the likely length
5 T. 37 ll. 1-22.
6 “Hyposexuality” is a mistranscription. The word Dr Sundin used was “hypersexuality” as appears
later in the quotation from the evidence.
7 T. 36 l. 49.
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of the period during which there will remain an unacceptable risk that Mr Thumm
would commit a serious sexual offence seem persuasive to me. The term of the
order should be 15 years.
[35] Accordingly I shall make an order in the following terms:
1. The Court is satisfied to the requisite standard that the respondent, Terrence
William THUMM, is a serious danger to the community in the absence of an
order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act
2003.
2. The respondent be subject to the following requirements until 19 August 2023:
The respondent must:
i be under the supervision of a Corrective Services officer for the
duration of the order;
ii report to a Corrective Services officer at the Queensland Corrective
Services Probation and Parole Office closest to his place of residence
between 9am and 4pm on the day of release from custody and at that
time advise the officer of the respondent’s current name and address;
iii report to, and receive visits from, a Corrective Services officer at such
times and at such frequency as determined by Queensland Corrective
Services;
iv notify and obtain the approval of a Corrective Services officer for
every change of the prisoner’s name at least two business days before
the change occurs;
v comply with a curfew direction or monitoring direction;
vi notify a Corrective Services officer of the nature of his employment, or
offers of employment, the hours of work each day, the name of his
employer and the address of the premises where he is or will be
employed;
vii seek permission and obtain approval from a Corrective Services officer
prior to entering into an employment agreement or engaging in
volunteer work or paid or unpaid employment;
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viii reside at a place within the State of Queensland as approved by a
Corrective Services officer by way of a suitability assessment;
ix not reside at a place (other than that referred to in (viii)) by way of
short term accommodation including overnight stays without the
permission of a Corrective Services officer;
x not leave or stay out of Queensland without the written permission of a
Corrective Services officer;
xi not commit an offence of a sexual nature during the period of the order;
xii comply with every reasonable direction of a Corrective Services
officer;
xiii respond truthfully to inquiries by authorised Corrective Services
officers about his whereabouts and movements generally;
xiv not have any direct or indirect contact with a victim of his sexual
offences;
xv disclose to a Corrective Services officer upon request the name of each
person with whom he associates and respond truthfully to requests for
information from a Corrective Services officer about the nature of the
association, address of the associate if known, the activities undertaken
and whether the associate has knowledge of his prior offending
behaviour;
xvi notify an officer of the make, model, colour and registration number of
any vehicle owned by or generally driven by him, whether hired or
otherwise obtained for his use;
xvii abstain from the consumption of alcohol for the duration of this order;
xviii abstain from illicit drugs for the duration of this order;
xix take prescribed drugs as directed by a medical practitioner;
xx not visit hotels, taverns or nightclubs, without the prior written
permission of a Corrective Services officer;
xxi submit to any form of drug and alcohol testing including both random
urinalysis and breath testing as directed by a Corrective Services
officer;
xxii attend upon and submit to assessment and/or treatment by a
psychiatrist, psychologist, social worker, counsellor or other mental
health professional as directed by a Corrective Services officer as is
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recommended by such treating intervention specialist, the expense of
which is to be met by Queensland Corrective Services;
xxiii permit any medical, psychiatric, psychological or other mental health
practitioner to disclose details of treatment, intervention and opinions
relating to the level of risk of re-offending and compliance with this
order to Queensland Corrective Services if such a request is made for
the purposes of updating or amending the supervision order and/or
ensuring compliance with this order;
xxiv attend any program, course, psychologist or counsellor, in a group or
individual capacity, as directed by a Corrective Services officer in
consultation with treating medical, psychiatric, psychological or other
mental health practitioners where appropriate, the cost of which is to be
met by Queensland Corrective Services;
xxv not without reasonable excuse be within 100 metres of schools or child
care centres between 7:00am to 9:30am and 2:30pm to 4:30pm;
xxvi not access schools or child care centres at any time without prior
written approval of a Corrective Services officer;
xxvii not visit public parks without prior written permission from a
Corrective Services officer or in the course of his employment and in
the company of an adult approved in writing by a Corrective Services
officer;
xxviii not establish and maintain contact with children under 16 years of age
without written prior approval by a Corrective Services officer;
xxix seek written permission from a Corrective Services officer prior to
joining, affiliating with or attending on the premises or engaging in the
activities of any club, organisation or group;
xxx not be on the premises of any shopping centre, without reasonable
excuse, between 8:00am to 9:30am and between 2:30pm and 4:30pm
on school days other than for the purpose of:
a. approved employment;
b. attending an approved bona fide pre-arranged appointment with a
Government agency, medical practitioner or the like;
xxxi advise a Corrective Services officer of any repeated contact with a
person who the Respondent knows or ought to know is a parent of a
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child under the age of 16. The offender shall, if directed by his
supervising officer, make complete disclosure of the terms of this
supervision order and the nature of his past offences to any person as
nominated by the supervising officer who may contact such persons to
verify that full disclosure has occurred;
xxxii not access pornographic images that display photographs or images of
children on a computer or on the internet or in any other format;
xxxiii make available to a Corrective Services officer all necessary passwords
and access codes to permit the respondent’s use of any computer to
which he has had access to be examined from time to time and not to
delete or erase any content from such a computer without the prior
written approval of a Corrective Services officer.
-- 15 of 15 --
Official source: https://www.sclqld.org.au/caselaw/QSC/2008/180