Attorney General for the State of Queensland v LSS [2007] QSC 202
SUPREME COURT OF QUEENSLAND
CITATION: Attorney-General for the State of Queensland v LSS [2007]
QSC 202
PARTIES: ATTORNEY-GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
LSS
(respondent)
FILE NO: Proceeding No 2478 of 2007
DIVISION: Trial Division
PROCEEDING: Originating Application
DELIVERED ON: 6 August 2007
DELIVERED AT: Brisbane
HEARING DATE: 30 July 2007
JUDGES: Philippides J
ORDER: 1. The Court is satisfied to the requisite standard that
the respondent is a serious danger to the community
in the absence of an order pursuant to Division 3 of
Part 2 of the Dangerous Prisoners (Sexual Offenders)
Act 2003 (Qld)
2. The respondent be subject to the conditions specified
in paragraph 41 of the reasons for judgment until 23
August 2017 or further order of the court
CATCHWORDS: CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – JUDGEMENT AND PUNISHMENT –
OTHER MATTERS – where respondent serving a term of
imprisonment for sexual offences involving children – where
application made under s 13 Dangerous Prisoners (Sexual
Offenders) Act 2003 (Qld) for a continuing detention order or
a supervision order – whether the respondent is a serious
danger to the community in the absence of a supervision
order – whether detention order or supervision order
appropriate – where supervision order made for a period of
10 years
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld),
s 11, s 13, s 16
COUNSEL: Mr B Mumford for the applicant
Mr R East for the Respondent
SOLICITORS: The Director of Public Prosecutions Queensland for the
applicant
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Legal Aid Queensland for the Respondent
[1] Philippides J: By originating application filed on 21 March 2007, the Attorney-
General sought orders pursuant to s 13 of the Dangerous Prisoners (Sexual
Offenders) Act 2003 (Qld) (“the Act”) for either the continued detention of the
respondent, LSS, or alternatively, that the respondent be released under a
supervision order.
[2] Although the application as filed sought a supervision order as an alternative to a
detention order, counsel for the Attorney-General conceded at the outset of the
hearing of the application that material before the court (in the form of the expert
opinion evidence of the court appointed experts) supported the making of a
supervision order. For his part, counsel on behalf of the respondent conceded that
there was evidence to support a finding that the respondent is a serous danger to the
community in the absence of a Division 3 Order. The hearing therefore largely
centred on the appropriateness of the conditions proposed in the draft supervision
order prepared by and tendered by the applicant (exhibit 3). The focus of the
respondent’s submissions on the need to ensure that the conditions imposed on the
supervision order were no more onerous than was necessary to ensure the adequate
protection of the community or for the respondent’s rehabilitation or care or
treatment, as contemplated by s 16(2) of the Act.
[3] In determining whether to make an order under s 13 of the Act, the court must be
satisfied that the prisoner is a serious danger to the community in the absence of a
Division 3 order, that is, that there is an unacceptable risk that the prisoner will
commit another serious sexual offence if released from custody or if released from
custody without a supervision order: s 13(1) and (2). A court may decide that it is
satisfied that a person is a serious danger to the community in the absence of a
Division 3 order only if it is satisfied by acceptable, cogent evidence and to a high
degree of probability that the evidence is of such a weight to justify the decision:
s 13(3).
Respondent’s Antecedents
Personal history
[4] The respondent was born on 13 November 1936 and is now aged 71. The
respondent suffers from hypertension, diabetes and hypercholesterolaemia. In 2004
he underwent a prostatectomy. He is married with children and grandchildren.
Criminal history
[5] He is currently serving a term of four and a half years imprisonment for three counts
of attempted indecent treatment of children under 12 years and one count of
indecent treatment of a child under 12 years and is due to be released from custody
on 24 August 2007. The complainant children all lived in the caravan park where
the respondent and his wife also lived. The respondent had toys glued to the railing
of his caravan, which attracted children.
[6] The complainant in the indecent dealing count (charged as occurring between
1 January 1999 and 31 December 2000) was aged between four and six years old.
The respondent digitally penetrated this complainant’s vagina. He sucked her
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nipples and exposed his penis to her. The second complainant was aged five. The
respondent asked if he could see her vagina, something the complainant refused.
The respondent placed the third complainant, aged seven, on his lap and asked if he
could touch her vagina. She refused to allow this. On a later occasion, the
respondent asked this complainant to have a shower and then sexual intercourse.
The complainant declined.
[7] The parents of these children permitted the respondent access to them as they
trusted him, treating him as a surrogate grandparent and allowing the respondent to
baby-sit them. The sentencing judge said that there was remarkable similarity
between these sets of offences and the offences he was sentenced for in 1996 in the
ages of the children, the nature of the offending and the position of trust to the girls.
[8] The offences for which the respondent is currently incarcerated occurred during the
parole period following his earlier offending.
[9] On 13 February 1996 the respondent was sentenced to concurrent terms of two
years imprisonment for five offences of indecent treatment of a child under 12 years
between 28 May 1990 to 1 December 1994. Four of those complainants were the
respondent’s granddaughters. The fifth complainant was the granddaughter of a
friend of the respondent.
[10] The facts of count one were that the first complainant was nine years old at the time
of the offence. The respondent touched her on the skin of her vagina with his
fingers and continued to do so after she protested. With respect to count two, the
respondent touched the second complainant – nine or ten years old at the time of the
offences – on the vagina with his penis. She described it hurting as he attempted to
insert it. On another occasion he masturbated to ejaculation in her presence. The
allegation made by the third complainant, who was seven at the time of the offence,
was that the respondent touched and rubbed her on the area of her vagina.
[11] The incident involving the fourth complainant (nearly six years old at the time of
the offence) occurred at the respondent’s caravan during Easter holidays in 1994.
The respondent asked the first four complainants if they would like to have sex.
They all replied “no”. The respondent touched the fourth complainant on the skin
of her vagina. This lasted for about five minutes. The fourth complainant was
crying and asked the respondent to stop during this episode.
[12] The fifth complainant was aged seven at the time of the offence. The respondent
arrived at the complainant’s house. He asked if he could take the complainant
shopping. An adult at the house refused to let her go with the respondent without
her mother’s permission. The respondent waited about 30 minutes, obtained the
complainant’s mother’s permission over the phone and took her shopping. While
parked in the shopping centre car park, the respondent touched the complainant in
the vaginal area with his hand. He also put his penis on her leg (top and side of her
thigh) and licked her in the area of the vagina.
[13] On 25 February 2003 the respondent was sentenced to four years and six months
imprisonment in respect of the indecent treatment of children under 16 (under 12
years) on dates between January 1999 and December 2000. Also on 25 February
2003 the respondent was sentenced on three counts of attempted indecent treatment
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of children under 12 years (in March 2002) and was sentenced to three years and six
months on all counts, to be served concurrently.
Psychiatric and Other Reports
[14] Before the court were a number of reports including reports by psychiatrists,
Professor Nurcombe, Dr Sundin and Dr Moyle.
[15] In 1996 the respondent completed the Sex Offender Treatment Program (SOTP). In
February 2005, the respondent was tested on the Static-99 and Stable-2000. The
Static-99 is an assessment guide used to assist clinicians in identifying the risks of
sexual recidivism for males over the age of 18 who are known to have committed at
least one sexual offence. The Stable-2000 is a tool designed as a companion
measure to the Static-99 and used to assist in identifying stable criminogenic needs
and treatment targets for sex offender programs. In the February 2005 testing, the
combination of the Static-99 and Stable-2000 scores placed the respondent in the
high risk category.
[16] In 2006 the respondent completed the High Intensity Sexual Offenders Programme
(HISOP). After the completion of the HISOP, the respondent was retested by the
psychologists on the Static-99 and Stable-2000. Testing on the Static-99 put him in
the moderate high risk zone and testing on the Stable-2000 placed him within the
high risk group for recidivism.
Dr Moyle
[17] Dr Moyle assessed the respondent on 29 May 2006. He noted that the respondent
minimised and denied his offending behaviour. He considered it likely that the
respondent had longstanding paedophilic sexual interest. Dr Moyle’s testing gave
the respondent an overall score of 19 in the Hare Psychopathy Assessment (PCL-R),
well under the generally accepted cut off point for psychopathy. On the Static-99
risk assessment, the respondent was assessed as between moderate high and high
risk of re-offending. On the STABLE and ACUTE tests, the respondent was rated
in the high risk category.
[18] Dr Moyle noted, in terms of positive features, the respondent’s age, the absence of
drugs or alcohol as a feature of the respondent’s offending behaviour and his
lengthy history of employment up until his retirement. Dr Moyle concluded that the
respondent continues to pose a high risk of sexual re-offending against five to
twelve year old girls if unsupervised and noted that his family was unlikely to be
helpful in impeding his sexual behaviour.
Dr Sundin
[19] From a psychiatric perspective, Dr Sundin identified one of the principal problems
with the respondent to be his passive avoidant personality style. He has a
long-standing entrenched pattern of appearing to agree with others in order to avoid
censure and lying to cover up any behaviour that may potentially attract criticism.
She noted that he struggled to accept responsibility for his behaviour and to truly
internalise the material provided to him in the HISOP, such that his future risks
might be reduced. Dr Sundin agreed with the opinion of Dr Moyle that it was
highly likely that the respondent has a long-standing paedophilic interest.
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[20] She considered it particularly concerning that the respondent continues to identify
his wife and family as both his principal support persons and the people most likely
to be able to assist him in avoiding recidivism. She noted that his wife has had little
influence in modifying his behaviour in the past and her now increasingly frail state.
[21] Dr Sundin observed that from a cognitive perspective, the respondent is of low
average IQ, has difficulty with abstract reasoning, struggles with new learning and
has a limited capacity for empathy. As to the issues of neurological deterioration
raised by the staff of the HISOP, Dr Sundin noted that there was no evidence on a
standard clinical examination of a dementia process. In particular on her
examination she found no evidence of a frontal lobe dementia solidly present.
However, she accepted that given his medical history and age, there was a future
potential risk for dementia which could further increase his risk for recidivist
behaviour.
[22] On Dr Sundin’s own testing of the respondent on the Hare Psychopathy Rating
Scale (PCL-R), she gave the respondent an overall score of 16, not dissimilar to
Dr Moyle’s score of 19. In combining the actuarial and clinical assessment of the
respondent’s risk for recidivism, Dr Sundin placed him in the high risk group for
sexual re-offending. The clinical factors noted to be present which impact upon his
risks of recidivism include his low average IQ, impaired capacity for abstract
reasoning, demonstrated capacity for repetitious lying, failure to take responsibility
for his actions, failure to follow through in enacting potential solutions and his
persistent deviant sexual fixation.
Professor Nurcombe
[23] Professor Nurcombe saw the respondent on 30 April 2007. He also administered
various risk assessment instruments to assess the respondent’s risk of re-offending.
On the re-offence risk scale of the Vermont Assessment of Sex Offender Risk
(VASOR), Professor Nurcombe rated the respondent as being at moderate risk of
re-offending. On the Sex Offender Risk Appraisal Guide (SORAG) Professor
Nurcombe assigned the respondent a total score of -6 or -8, placing him in SORAG
category 2, indicating a low level of risk of sexual re-offending. On the Static-99
the respondent’s scoring indicated a moderate to high level risk of sexual
re-offending. On the Stable-2000, Professor Nurcombe rated the respondent as
indicating an either low or moderate risk of re-offending, depending on whether the
changes in his sexual self-regulation, attitudes supportive of sexual assault, intimacy
defects and general self-regulation were authentic or not. Professor Nurcombe did
not think they were feigned. Risk-increasing factors were identified as a sense of
loneliness, particularly if he would be required to live separately from his wife (as is
the case), sexual rejection by his wife and rejection by his family. It was observed
that he has re-offended in the past despite (and indeed partly because of) erectile
impotence. Risk-protective factors would involve close supervision following
release. Professor Nurcombe considered that the best way to monitor any warning
signs that the respondent’s risk of re-offending is increasing would be regular
supervision by a corrections officer.
[24] In his written report, Professor Nurcombe stated that, judged on the risk-analysis
instruments, particularly those of a purely historical nature, he considered the
respondent to be a moderate risk of re-offending. He stated that re-offending of any
type is extremely uncommon after the age of 60 years and for that reason, the
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respondent’s risk of re-offending could be rated as low. However, in giving oral
evidence he modified his opinion, stating that “despite [his] unusually high age and
erectile impotence, he still is at risk, at some risk, and probably the best level would
be to say moderate.”
Whether the Respondent is a Serious Danger to the Community
[25] The matters to be considered in deciding whether a prisoner is a serious danger to
the community in the absence of a Division 3 order are set out in s 13(4) as follows:
• reports prepared by psychiatrists under s 11 and the extent of prisoner
co-operation in the examination;
• other medical, psychiatric and psychological assessments relating to the
prisoner;
• information indicating whether or not there is a propensity on the part of the
prisoner to commit serious sexual offences in the future;
• whether there is any pattern of offending behaviour on the part of the
prisoner;
• efforts by the prisoner to address the cause or causes of the offending
behaviour including participation in rehabilitation programs;
• whether or not the prisoner’s participating in rehabilitation programs has had
a positive effect on him or her;
• the prisoner’s antecedents and criminal history;
• the risk of the prisoner committing another serious sexual offence if released
into the community;
• the need to protect members of the community from that risk;
• any other relevant matter.
[26] The material that was filed in support of the application, as supplemented by the
oral evidence, has addressed the matters set out in s 13(4) of the Act. Taking those
matters into account, the evidence of Professor Nurcombe is that the respondent
represents a moderate risk of re-offending, while Drs Moyle and Sundin consider
him to be a high risk. On balance I prefer the evidence of Drs Moyle and Sundin.
That evidence is acceptable and cogent and satisfies me to the high degree of
probability that is required under the Act that the respondent’s risk of sexual re-
offending (unless appropriately supervised) presents an unacceptable risk in terms
of s 13(2) of the Act.
Whether a Supervision Order Should be Made
[27] In deciding whether to make a continuing detention order or a supervision order, the
paramount consideration is the need to ensure adequate protection of the
community: s 13(6).
[28] All the reporting doctors were shown the draft supervision order which contained 32
conditions. They were unanimous in considering that a supervision order could be
fashioned to manage the respondent’s risk of re-offending so as to ensure adequate
protection of the community and that the appropriate duration of a supervision order
was 10 years.
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[29] In Dr Sundin’s opinion, in order to minimise the risks of recidivism, the respondent
would require the following:
• An externally validated relapse prevention program which ensures that the
respondent would be monitored by an informed person within the
community who was well aware of the nature and extent of his offending
behaviour. This would be best undertaken by a senior male parole officer
who had the opportunity to regularly monitor the respondent. It is not
considered that there is any evidence that any adult member of the
respondent’s family is capable of providing the level of objective, structured
and, when necessary, challenging supervision that is required.
• Accommodation in an appropriate residence which minimises the
respondent’s access to small children.
• Participation in a community based relapse prevention program for sexual
offenders.
• Regular monitoring of the respondent’s mental state with careful attention to
any potential adverse neurological or physiological repercussions from his
Non-Insulin Dependent Diabetes, Mellitus and Hypertension.
• Regular reviews of the respondent’s residence and other places of activity by
a staff member from Queensland Corrective Services to ensure that his
opportunity for access to children is minimal.
• Linkage into appropriate community-based activities with an older age
group which could mitigate against any further isolation or loneliness within
the community.
• A supervised meeting between the respondent, his wife and adult children
within his family who are prepared to participate in order to educate them in
the warning signs of recidivist behaviour and the conditions of any
conditional community release program.
• Referral to a suitably trained professional (psychologist, psychiatrist) who
can continue to challenge distorted beliefs and assist with development of
safer, more functional alternatives which can be applied on an everyday
basis.
[30] Dr Sundin’s oral evidence in respect of the draft supervision order was that the
proposed condition imposing a night curfew was not required, to reduce the risk of
re-offending, given that the respondent had no history of nocturnal predatory
behaviour. She saw no advantage in electronic monitoring to assist with a night
time curfew, although she thought there may be some advantage in electronic
monitoring if it could be used to prevent the respondent from attending places
where children were likely to congregate, before or after school, which was one of
the proposed conditions in the draft order. Dr Sundin indicated that she had
reservations about the respondent being required to participate in an outpatient
sexual offender programme (also a proposed condition), taking into account that
pre-morbidly he is of limited intelligence and that the impact of his medical
conditions further diminishes his capacity for any new learning. With those
qualifications, she saw the conditions in the draft order as providing the highly
structured and detailed supervision programme required in order to appropriately
manage the risks of the respondent re-offending.
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[31] Professor Nurcombe’s evidence as to the draft supervision order was that he did not
consider that it would be worthwhile for the respondent to enter a community Sex
Offender Treatment Program, given the respondent’s capacity to absorb this sort of
information is limited by his borderline verbal intelligence. However, while
Professor Nurcombe saw no purpose in further formal sex offender treatment, he
considered that close supervision by a firm but sympathetic correctional officer
would be required and that counselling of a supportive type would be helpful.
Professor Nurcombe also saw no need to impose urine drug screening or regular
breath analysis as neither alcohol nor drugs were involved in any of the
respondent’s offences. Professor Nurcombe did not see any purpose in imposing a
distance from schools in view of the fact that the respondent’s offences had taken
place with family or children familiar to him whom he had groomed. He advised
that the respondent should not live in a caravan park or in a house or apartment
adjoining a domicile with underage females. He considered that it would be
appropriate and suitable for the respondent to reside in a residential facility run by
Anglicare where the other residents are men of his own age and that this would be
beneficial in reducing risk.
[32] Professor Nurcombe considered that the conditions contained in the draft
supervision order would be effective in managing the risk of re-offending and were
appropriate, except for the conditions relating to the imposition of a curfew and
electronic monitoring. Professor Nurcombe saw no purpose in requiring those
conditions. He saw electronic monitoring as essentially a means to support and
reinforce a curfew condition, which he did not consider was necessary, observing
that the respondent was not a person who offended at night in a predatory manner.
Rather, his offending had taken place in his own home during the daytime and
against children of such an age that they would not be expected to be about at night.
[33] Dr Moyle’s evidence in respect of the conditions in the draft supervision order were
that they were appropriate, except for the conditions relating to a night time curfew
in respect of which he shared the views of Professor Nurcombe and Dr Sundin. As
regards the matter of electronic monitoring, he indicated reservations about
expressing an opinion, stating that he was not fully familiar with its effectiveness.
Dr Moyle considered that the proposed condition requiring the respondent to
undergo assessment for a sexual offending maintenance programme and, if assessed
as suitable, to attend such a programme, would be beneficial, because it offered the
prospect of counteracting the respondent’s tendency to rationalise and deny his
offending conduct. Dr Moyle’s opinion was that such a maintenance programme
could provide a means for the respondent to perhaps gradually acknowledge his
offending behaviour and therefore add to the benefits of overall supervision of the
respondent.
[34] In light of the psychiatric evidence, I am satisfied that appropriate conditions can be
formulated for a supervision order that sufficiently addresses the need to ensure the
adequate protection of the community and that a supervision order should be made.
Conditions of the Supervision Order
[35] In relation to the 32 conditions contained in the draft order, it was accepted on
behalf of the respondent that proposed condition xxi relating to the respondent
undergoing assessment for a sexual offending maintenance programme was
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appropriate and was not opposed. Given Dr Moyle’s evidence I consider that that
condition ought to be imposed.
[36] As regards proposed conditions xxix and xxx there was no expert evidence to
support a night time curfew and counsel for the applicant did not press for those
conditions. Given the evidence before the court I am satisfied that a curfew is not
warranted as a means of reducing the risk of recidivism. It was conceded by the
applicant that the electronic monitoring was a device which had utility in policing a
curfew and that given no curfew was appropriate in this case electronic monitoring
was also not appropriate.
[37] As to the issue of electronic monitoring, counsel for the respondent submitted that
without satellite navigation technology being available as part of electronic
monitoring, as apparently is the case, it could provide no effective means of
policing proposed condition xxvii of the draft order, that the respondent not attend
any shopping centre during specified hours. The devise apparently alerts authorities
when an individual leaves specified premises, but without accompanying satellite
navigation technology, is unable to identify where an individual is at any given
time. Counsel for the applicant accepted those submissions and conceded that in the
circumstances of the present case electronic monitoring was not appropriate. I agree
and would not impose such a condition.
[38] Counsel for the respondent submitted that draft condition xxxi, requiring the
respondent not reside at a caravan park, was rendered redundant given the terms of
conditions viii and ix. The applicant agreed with that submission. The applicant
also accepted the respondent’s submission in relation to the draft condition xxxii
that it ought to be amended so as to provide that the respondent not visit or attend a
caravan park without the prior written approval of an authorised corrective services
officer.
[39] Accordingly, the conditions that will be ordered as part of the supervision order are
those provided for in the draft order modified to delete conditions xxviii, xxix, xxx
and xxxi and to provide for the requirement of prior written approval in relation to
visiting or attending a caravan park.
Orders
[40] The court is satisfied to the requisite standard that the respondent LSS 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 (Qld).
[41] The respondent be subject to the following conditions until 23 August 2017, or
further order of the court:
The respondent must:
(i) be under the supervision of an authorised corrective services officer for the
duration of this order;
(ii) report to an authorised corrective services officer at the Queensland
Corrective Services Probation and Parole Office closest to his place of
residence between 9.00 am and 4.00 pm on the day of release from custody
and at that time advise the officer of the respondent’s current name and
address;
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(iii) report to, and receive visits from, an authorised corrective services officer at
such times and at such frequency as determined by Queensland Corrective
Services;
(iv) notify and obtain the approval of an authorised corrective services officer for
every change of the respondent’s name at least two business days before the
change occurs;
(v) notify an authorised 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;
(vi) notify the supervising corrective services officer of every change of
employment at least two business days before the change occurs;
(vii) seek permission and obtain approval from an authorised 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 an authorised
corrective services officer by way of a suitability assessment;
(ix) seek permission and obtain approval of an authorised corrective services
officer prior to any change of residence;
(x) not leave or stay out of the State of Queensland without the written
permission of an authorised corrective services officer;
(xi) not commit an offence of a sexual nature during the period for which this
order operates;
(xii) not commit an indictable offence during the period for which this order
operates;
(xiii) comply with every reasonable direction of an authorised corrective services
officer;
(xiv) respond truthfully to enquiries by an authorised corrective services officer
about his whereabouts and movements generally;
(xv) not have any direct or indirect contact with a victim of his sexual offences
without the prior approval of an authorised corrective services officer;
(xvi) notify an authorised corrective services 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) submit to medical, psychiatric, psychological or other forms of assessment
and/or treatment as directed by an authorised corrective services officer;
(xviii) attend upon and submit to assessment and/or treatment by a psychiatrist,
psychologist, social worker, counsellor or other mental health professional as
directed by an authorised corrective services officer at a frequency and
duration which shall be recommended by the treating intervention specialist,
the expense of which is to be met by Queensland Corrective Services;
(xix) agree to undergo medical testing or treatment (including the testing of
testosterone levels by an endocrinologist) as deemed necessary by the
treating psychiatrist and supervising corrective 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;
(xx) permit any medical, psychiatric, psychological or other mental health
practitioner to disclose details of medical treatment, intervention and
opinions relating to the respondent’s risk of re-offending and compliance
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with this order to Queensland Corrective Services if such request is made for
the purposes of updating or amending the supervision order and/or ensuring
compliance with this order;
(xxi) undergo assessment for a sexual offending maintenance program, and if
assessed as suitable, attend such a program, on a group or individual basis, as
directed by an authorised corrective services officer;
(xxii) attend any program, course, psychologist or counsellor, in a group or
individual capacity, as directed by an authorised corrective services officer in
consultation with treating medical, psychiatric, psychological or other mental
health practitioners where appropriate;
(xxiii) not have any supervised or unsupervised contact with female children
under 16 years of age except with prior written approval of an authorised
corrective services officer. The respondent is required to fully disclose the
terms of the order and nature of offences to the guardians and caregivers of
the children before any such contact can take place; Queensland Corrective
Services may disclose information pertaining to the offender to guardians or
caregivers and external agencies (i.e. Department of Child Safety) in the
interests of ensuring the safety of the children. Excluded from this condition
is incidental contact with female children under the age of 16 where the
respondent is in an area open to the public, upon payment of a fee or
otherwise, and the respondent’s presence is in the course of trade or
commerce;
(xxiv) seek written permission from an authorised corrective services officer prior
to joining, affiliating with or attending on the premises of any club,
organisation or group;
(xxv) not join, affiliate with, attend on the premises of or attend at the activities
carried on by any club or organisation in respect of which there are
reasonable grounds for believing there is either female child membership or
female child participation;
(xxvi) not be on the premises of any shopping centre, without reasonable excuse,
between 8.00 am to 9.30 am and between 2.30 pm and 4.30 pm on school
days other than for the purposes of:
(a) approved employment; or
(b) attending an approved bona fide pre-arranged appointment with a
Government agency, medical practitioner or the like;
(xxvii) not visit public parks without prior written permission from an authorised
corrective services officer;
(xxviii) not visit or attend at a caravan park without prior written permission of an
authorised corrective services officer.
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Official source: https://www.sclqld.org.au/caselaw/QSC/2007/202