Attorney-General for the State of Queensland v George [2009] QSC 2
SUPREME COURT OF QUEENSLAND
CITATION: Attorney-General for the State of Queensland v George
[2009] QSC 002
PARTIES: ATTORNEY-GENERAL FOR THE STATE OF
QUEENSLAND
(applicant)
v
FARLANE GEORGE
(respondent)
FILE NO/S: 8527 of 2008
DIVISION: Trial Division
PROCEEDING: Trial
ORIGINATING
COURT: Supreme Court at Brisbane
DELIVERED ON: 23 January 2009
DELIVERED AT: Brisbane
HEARING DATE: 22 January 2009
JUDGE: Muir JA
ORDER: 1. The Court is satisfied to the requisite standard that
the respondent, Farlane GEORGE, 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).
2. The respondent be subject to the conditions set out
in paragraph [44] of these reasons until 29 January
2019.
CATCHWORDS: STATUTES – ACTS OF PARLIAMENT – STATUTORY
POWERS AND DUTIES – EXERCISE – GENERAL
MATTERS – application by Attorney-General for order
under s 13(5) of the Dangerous Prisoners (Sexual Offenders)
Act 2003 (Qld) ("the Act") – whether under s 13(2) of the Act
there is an "unacceptable risk" that prisoner will re-offend if
released or released unsupervised – whether appropriate
supervision order can be devised that ensures adequate
protection to the community if prisoner released from custody
Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld),
s 8(2), s 13(1), (2), (3), (4), (5), (6), (7)
COUNSEL: M Maloney for the applicant
T A Ryan for the respondent
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SOLICITORS: Crown Law for the applicant
Legal Aid Queensland for the respondent
The application
[1] The applicant applies pursuant to s 13(5)(a) of the Dangerous Prisoners (Sexual
Offenders) Act 2003 (“the Act”) for an order (“a continuing detention order”) that
the respondent be detained in custody for an indefinite term for care, control or
treatment. In the alternative, the applicant seeks an order pursuant to s 13(5)(b) of
the Act that the respondent be released from custody subject to such conditions as
the Court considers appropriate (“a supervision order”).
The relevant statutory provisions
[2] The Attorney-General may apply to the Court for an order that a person serving a
term of imprisonment for a “serious sexual offence” either be detained in custody
for an indefinite term for control, care or treatment1 or for an order that the person
be released from custody subject to conditions imposed by the court.2
[3] A continuing detention order or a supervision order may be made if, on an
application for an order under s 13 of the Act, the Court is satisfied the prisoner is a
serious danger to the community in the absence of such an order.3
[4] Subsection (2) of s 13 provides:
“(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.”
[5] Subsections (6) and (7) of s 13 provide:
“(6) In deciding whether to make an order under subsection (5)(a) or
(b), the paramount consideration is to be the need to ensure adequate
protection of the community.
(7) The Attorney-General has the onus of proving that a prisoner is a
serious danger to the community as mentioned in subsection (1).”
[6] A “serious sexual offence” is defined as an offence of a sexual nature, whether
committed in Queensland or outside Queensland –
(a) involving violence; or
(b) against children.
[7] In deciding whether a prisoner is “a serious danger to the community” the court is
required to have regard to the matters listed in s 13(4). They include:
1 Section 13(5)(a).
2 Section 13(5)(b).
3 Section 13(1).
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“(c) information indicating whether or not there is a propensity on the
part of the prisoner to commit serious sexual offences in the
future;
. . .
(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…”
The respondent's background and prior criminal history
[8] The respondent was born on 20 October 1964 in Kowanyama and was raised there.
He finished his schooling at 14 years of age. On leaving school, he was able to read
and write. He worked as a carpenter's labourer for about six months. After that, he
did various odd jobs and worked for about a year as a community police liaison
officer. He lost that job after taking a police vehicle to go hunting.
[9] The respondent was sentenced to his first terms of imprisonment in November 1983
for counts of wilful and unlawful destruction of property; breaking, entering and
stealing and attempted break and enter with intent to steal. There then followed
convictions in March 1984, July 1984, June 1987, January 1989 and September
1989 for various property and dishonesty offences. The convictions in March 1984
included a conviction for an offence of unlawful assault for which a term of
imprisonment of one month was imposed.
[10] The respondent was convicted in December 1989 on two counts of assaulting a
police officer and of resisting a police officer. He was fined $100 for each of the
assault offences and $50 for the other offence.
[11] He was fined in August 1990 for breaking and entering a dwelling house with
intent. In February 1991 he was convicted and fined for wilful and unlawful
damage to property and unlawful assault.
[12] On 2 March 1992 he was imprisoned for two years for grievous bodily harm
committed on about 15 August 1991. He had been drinking and attempted to gain
entry to the complainant's dwelling. When the complainant attempted to stop him
entering, he punched her, knocking her to the ground. Her head struck concrete and
she suffered permanent brain damage. At the time, the respondent was employed as
a labourer in the Kowanyama community.
[13] On 5 March 1993, the respondent was imprisoned for six years for a rape committed
on 16 November 1991. The complainant, a 15 year old niece of the respondent, was
accosted by the respondent and forcibly taken to his house. He told her to stay quiet
and forcibly took her from his home to another premises where he removed her
pants and had sexual intercourse with her. The complainant did not resist out of
fear.
[14] On 27 February 1997, the respondent was sentenced to six months imprisonment for
aggravated assault. The respondent, who was drunk, shoved a nurse treating his
de facto spouse, knocking her off balance. Prior to that, the respondent was
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threatening and abusive and attempted on a number of occasions to charge at the
nurse. He was restrained by hospital security and relatives.
[15] Also on 27 February 1997, the respondent was convicted and sentenced to six
months imprisonment for wilful and unlawful damage to property on 24 December
1996.
[16] The respondent was released from prison on 12 November 1999.
[17] On 21 November 2000, the respondent was imprisoned for eight years for a rape
committed on 29 January 2000 and was sentenced to a cumulative term of 12
months imprisonment for assault occasioning bodily harm. The complainant in
respect of the rape was a 35 year old female who had been living in the same house
as the respondent for two or more months prior to the commission of the offence.
At about midday, the complainant was walking home when the respondent called
out to her. When she came up to him, he took hold of her and stifled her calls for
help by placing his hands over her mouth. He then pushed her into the bedroom of
the house. He said that he was going to have sexual intercourse with her. She
protested and said that she had her period. Disregarding her protests he proceeded
to have sexual intercourse with her. When he finished, she left and reported the
rape to the police. She was inspected by a doctor, who noted the presence of semen
but no external or internal injuries. The complainant did not suggest that she had
suffered any such injuries.
[18] The victim of the assault was a 42 year old Kowanyama resident. He was woken by
the inebriated respondent banging on his front door. He opened the door and told
the respondent to leave, whereupon he was struck on the head by the respondent
with a piece of stereo equipment. The complainant suffered a 10 centimetre
laceration to his scalp which required nine stitches.
Drug and alcohol history
[19] The respondent has a history of substance abuse. At 15 he started drinking alcohol,
smoking marijuana and sniffing petrol. He committed the offences of violence
referred to above when drunk. He admitted that the offences of housebreaking were
committed whilst searching for alcohol.
Health and conduct during imprisonment
[20] The respondent suffers from diabetes, high blood pressure and heart problems. He
has blurry vision, but refuses to wear glasses. He does not appear to have any
diagnosed psychiatric condition.
[21] Before his current term of imprisonment, the respondent had a poor record of
misconduct in prison. He was involved in nine serious incidents, two of which
resulted in criminal charges. Since 2000, he has been breached only once, for
fighting in 2003. However, he regularly argues with other inmates and threatens
other prisoners with violence. Otherwise, he is polite to staff and has a good work
history.
[22] When in prison the respondent completed the following courses:
• Certificate I in Hospitality (Kitchen Operations) (on 26.10.00)
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• Ending Offending Program (on 31.10.02)
• Certificate I in Vocational Access (on 22.12.04)
• Getting Started: Preparatory program (on 2.5.06)
• Transitions (March 2007).
[23] He completed the Indigenous Medium Intensity Sexual Offenders Treatment
Programme in May 2007.
The report of Dr Grant, psychiatrist
[24] Consequent upon a four and a half hour interview with the respondent in September
2008, Dr Grant prepared a report dated 29 September 2008 pursuant to an order
made under s 8(2)(a) of the Act. In the report, Dr Grant expressed the following
opinions. The respondent had "quite good sentence construction and good
vocabulary". He is a "man of quite large build but not particularly obese" with a
"pleasant social manner with good social skills". There was no evidence of any
thought disorder. His concentration appeared quite good. "Testing of his memory
showed normal functions. He could recall an arithmetical sum which he'd done five
minutes earlier … verbal fluency was normal, demonstrating a good English
vocabulary … the mental status examination did not reveal any abnormalities and
[the respondent's] intelligence would be … probably average or slightly below
average."
[25] Dr Grant applied four "formal risk assessment instruments" in assessing the risk of
the respondent's re-offending. Those instruments and the results of their application
are as follows:
"1. The Hare PCL-R 2nd Edition (Psychopathy check list):
On this instrument Mr George scored 30 out of a possible
40. This means that he reaches the cut-off point and would
be regarded as psychopathic, indicating significant
personality pathology.
2. The Sexual Offender Risk Appraisal Guide (SORAG)
This is an instrument that uses historical factors combined
with the psychyopathy score. On this instrument Mr George
falls into category 8, giving a 7-year recidivism prediction
of 0.75 and a 10-year recidivism conviction of .89.
3. The Sex Offender Need Assessment Rating (SONAR)
This instrument scores items such as intimacy deficits and
social influences along with general and sexual
self-regulation. Risk factors are considered, with account
being taken of whether they have improved or worsened
over the previous twelve months. On this instrument Mr
George falls into a low moderate risk category.
4. The HCR-20
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This is a combined actuarial and dynamic risk instrument
which relies to some extent on clinical judgement. It scores a
number of historical items, clinical items and risk
management items. Using this instrument Mr George scores
31 out of 40, putting him in a high risk category for
reoffending.
…
When consideration is given to Mr George's extensive
criminal history, his past impulsivity and difficulties with
control of aggression, plus his sexual offending, despite
attempts at correction, one would have to regard the risk of
reoffending as high. The two most important risk factors are
his personality structure, with a high level of psychopathy or
Anti-social Personality Disorder and his history of very heavy
substance abuse with alcohol and marijuana. All of his
serious interpersonal offending has occurred in the context of
intoxication. His offending has also occurred in the context
of serious social problems and high levels of community
violence and substance abuse. There is also the context of
Mr George having been subjected to both sexual and violent
abuse during his development and being subjected to a good
deal of anti-social influence from peers."
[26] In relation to the respondent's personality disorder, Dr Grant expressed concern that
the respondent's difficulties with "impulsivity and aggressive behaviour", although
moderated over the last eight years, may be more prone to manifest themselves
away from the controlled environment of prison. In his view, another major risk
area was the prospect of consumption of alcohol and Marijuana. Without
abstinence from those substances, Dr Grant concluded it "highly unlikely that [the
respondent's] offending behaviour will be controlled." The most likely offending
behaviour was thought by Dr Grant to be "aggressive in nature" but, in his opinion,
sexual offending could also occur. If the respondent was kept free of drunkenness
and abstained from drug abuse, his opinion was that the risk of sexual offending
would be reduced from high to moderate, but that the risk of some violent
re-offending would probably remain reasonably high. In his opinion, release from
prison of the respondent "carries considerable risks" and that the respondent was in
need of "a lot of structure and support if he is to succeed in not reoffending."
[27] In Dr Grant's opinion, the respondent does not have a particularly high sexual drive
and he does not suffer from paedophilia.
Reports of Dr Moyle, psychiatrist, undated and dated 23 July 2008
[28] In a lengthy undated report completed after an interview with the respondent on
21 January 2008, Dr Moyle concluded that the respondent was "at moderately high
to high risk of violent reoffending in the future, and moderately high to high risk of
sexual violence being part of that violence, where he is likely to take his sexual
pleasures from available women when intoxicated, or when they are vulnerable by
intoxication or of small size." Dr Moyle considered that the respondent's prison
history was indicative of an improvement in the respondent's disposition to violent
reactions.
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[29] After considering an exit report from the Sex Offender Treatment Program,
Dr Moyle provided a report dated 23 July 2008. In it he reaffirmed his earlier
conclusions as to long-term risk. In Dr Moyle's opinion, the respondent's
decision-making "remained poorly judged and impulsive, based on his convenience
rather than a clear understanding of the effect of his behaviour."
[30] Like Dr Grant, Dr Moyle considered that the risks of re-offending would be greatly
exacerbated if the respondent engaged in substance abuse. In Dr Moyle's opinion, a
factor affecting risk is deficits in the respondent's judgment-making ability. He
concluded that intoxication would worsen his impulsivity and further handicap his
social judgments. He was also concerned with the respondent's "ability to minimise
the effects of his behaviours".
The report of Professor Nurcombe, psychiatrist, dated 8 October 2008
[31] Professor Nurcombe prepared a report consequent on to an order made pursuant to
s 8(2)(a) of the Act. In that report, Professor Nurcombe stated, that on examination
the respondent displayed "unimpaired cognitive performance" and no memory
defects were revealed.
[32] Listed below are the actuarial instruments employed by Professor Nurcombe in his
assessment and a summary of their results:
Psychopathy checklist revised (PCL-R)
The respondent's total score was 25/40 representing "a moderate
level of psychopathic traits but not sufficient for a formal diagnosis
of psychopathic personality".
STATIC-99 (revised)
The respondent's total score was 4. "The risk of valid recidivism in
5, 10 and 15 years is .36, .44, and .52 respectively. This indicates
that [the respondent] can be classified with a group of offenders who
have a moderate to high level of risk of sexual or valid risk
recidivism."
Stable 2000
The respondent's overall score was 9/12. The respondent "can be
categorised with a group of offenders with a high or moderate level
of risk of sexual reoffending." "Combining the Static-99 and Stable
2000, the overall risk could be regarded as moderate/high or
moderate/low. (If the attitudinal changes associated with treatment
are authentic and durable)."
Violence risk appraisal guide (VRAG)
The respondent was given a total score of 18/40 or 14/40 if the
changes reported above are authentic and durable. It was concluded
that the respondent could be classified with a group of prisoners
whose likelihood of violent recidivism in seven and 10 years is .55
and .64 respectively.
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Sex offender risk appraisal guide (SORAG)
The respondent was given a total score of 24 or 20 if the attitudinal
changes are identified were authentic and durable. The level of risk
was stated to be high.
Vermont assessment of sex offender risk (VASOR)
The respondent was given a reoffence risk scale score of 51 and a
violence scale score of 60 and classified with a group of prisoners
whose likelihood of sexual reoffending is high.
[33] Professor Nurcombe expressed concern that the accuracy of the estimates of risk
derived from the above statistical approaches may be affected by the ethnic
background of Australian Indigenies. Professor Morris had similar reservations.
Professor Nurcombe's conclusions about the risk of the respondent's re-offending
are summarised as follows:
"90. In my opinion, if historical factors alone are taken into
account, the risk of sexual and violent reoffending is high. If the
influence of the offender's increasing age and apparent changes in
attitude are taken into account, and if he could avoid alcohol, the
risk of reoffending would be moderate or moderate to low. I do not
think Mr George has a true sexual deviance. The two rapes appear
to be extensions of his chauvinistic attitudes towards women fuelled
by heavy alcohol consumption. Mr George has reassessed his
coercive attitudes towards women, and those attitudes which were
conducive to sexual violence. It is likely that these attitudinal
revisions are authentic. Whether they will be durable in the face of
the stress of living outside prison is a matter for conjecture. There
is little doubt that, if he reverts to heavy alcohol consumption, the
risk of sexual reoffending will be high.
91. If he does reoffend sexually, the most likely scenario would
be as follows. He will rape an adult woman, in the context of heavy
alcohol intake. Rape can be interpreted as a defence against the
shame and fear of passivity associated with unresolved issues to do
with childhood sexual abuse, in the context of binge drinking. The
likelihood of psychological harm to the victim is high. However
the sexual violence is not likely to escalate to a life-threatening
level. The perpetration of violence would not be imminent
following release. It would be associated with excessive alcohol
use, the lack of an intimate relationship, and unemployment. It is
not clear whether such sexual violence, if it recurs, would occur on
one or more than one occasion. The risk of sexual violence is
chronic, particularly if Mr George reverts to drinking alcohol. A
Supervision Order should bar the use of alcohol, illicit drugs, and
petrol.
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92. Post-release management raises complex issues. Mr George
has never lived outside Kowanyama. I doubt whether he would be
able to cope with living in a city such as Cairns or Townsville. On
the other hand, supervision and treatment will be difficult if he is to
return home. Mr George's plan not to return to Kowanyama but to
live, initially, in PormPuraaw has merit. It is a possibility that
should be explored. Mr George thinks that more employment is
available at this site, particularly stock-work.
93. In order to support Mr George following release, he needs
supervision, drug and alcohol screening, drug and alcohol
counselling, assistance in gaining employment, and general
psychological counselling."
The evidence of Professor Philip Morris, psychiatrist
[34] A report of Professor Morris dated 15 December 2008 was tendered. In Dr Morris'
opinion, the respondent suffers from an anti-social personality disorder. His
application of PCL-R provided a score "well below the cut-off point for
psychopathy". From his application of Historical Clinical Risk-20 and Sexual
Violence Risk-20 he concluded respectively, that the respondent's risk of
re-offending was moderate and that his risk of sexual violence was moderate.
[35] Professor Morris observed that there was evidence of a strong commitment by the
respondent to participation in and learning from sexual education courses. He also
noted the evidence that the respondent's "anger and aggressive tendencies [had]
declined during [his] … time in jail". He was of the view that if the respondent
abstained from the use of alcohol and drugs, the risk of his committing offences
involving sexual violence would become low.
[36] Professor Morris considered that the improvement in the respondent's behaviour and
attitude to violence and sexual offending would improve with further treatment
following his release.
Evidence of suitable accommodation
[37] Ms Linas, the Director of the High Risk Offender Management Unit within
Probation and Parole, Queensland Corrective Services, caused enquiries to be made
concerning the availability of accommodation and support services in North
Queensland appropriate for use by the respondent were he to be released. Those
enquiries revealed that the respondent would not be welcomed back into the
Kowanyama or Pormpuraaw communities. The Rose Colless Rehabilitation Centre
in Cairns was contacted but its management regarded it as unsuitable for use by the
respondent. The Kuiyam Hostel in Cairns also declined the respondent's application
for placement there and a place in North Queensland suitable for residence by the
respondent is yet to be established.
Conclusion
[38] I am satisfied, having regard to the requirements of s 13(3) of the Act, that there is
an unacceptable risk that the respondent will commit offences of a sexual nature if
the respondent is released from custody without a supervision order being made.
That there is an appreciable risk of re-offending is the unanimous view of the
psychiatrists who gave evidence. The assessments of the degree of risk varied but
all the psychiatrists were agreed that the risk of the respondent committing acts of
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violence was greater than the risk of his re-offending sexually. All agreed that the
risks would be reduced substantially if the respondent were to avoid substance
abuse.
[39] The evidence shows that the respondent's offending in the past, sexual and
non-sexual, has been directly related to substance abuse. There is thus no reason to
doubt the expert conclusions. It is plain that, absent the imposition of appropriate
conditions, the risk of the respondent's re-offending is substantial.
[40] All of the experts were concerned about the practical difficulties involved in
providing the respondent with appropriate support and social conditions outside
Kowanyama where he has lived all of his life when not in prison. As the above
discussion records, it may not be possible for the respondent to return to
Kowanyama, or even Pormpuraaw, in the short term.
[41] As attempts to locate a suitable residence in North Queensland which might provide
a useful transitional environment have failed, it has become necessary that the
respondent reside temporarily at Wacol.
[42] Satisfaction by the Court that there is an unacceptable risk that a prisoner will
commit an offence of a sexual nature involving violence or against children gives
rise to a discretion under s 13(5) to make a continuing detention order, a supervision
order or no order at all. In deciding between a continuing detention order and a
supervision order, "the paramount consideration" is "the need to ensure adequate
protection of the community." In my view, the adequate protection of the
community against the risks posed by the respondent, when released, does not
require the making of a continuing detention order and it was not submitted that one
ought to be made.
[43] There was a controversy about the duration of the order. Professor Morris
considered that 5 years would be appropriate. His opinion was that it would be
known within that time whether the respondent would comply with the
contemplated orders and not pose a risk of committing sexual offences. In his
opinion, which was shared by others, if the respondent had not re-offended within
five years, the risk of his doing so after that time would be greatly diminished. The
other expert witnesses favoured a period of 10 years. Dr Grant and Dr Nurcombe
both perceived the need to allow for a substantial period to enable the respondent to
adjust to a new life outside prison. Whilst seeing some force in Professor Morris'
point of view, I have concluded that it is desirable in the interests of the respondent
and the community, as the Act does not contemplate any extension of supervision
orders, to make the order for 10 years. It is always possible for the terms and
conditions of the order to be varied or otherwise relaxed should it become apparent
that they are unnecessary, or excessive.
[44] The order will be as follows:
1. The court is satisfied to the requisite standard that the respondent, Farlane
GEORGE, 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).
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2. The respondent be subject to the following conditions until 29 January 2019.
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 prisoners 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, and
comply with the conditions associated with the same; if this
accommodation is of a temporary or contingency nature, reasonable
efforts must be demonstrated to secure alternative, viable long term
accommodation to be assessed for suitability by QCS;
ix not reside at a place by way of short term accommodation including
overnight stays without the permission of a Corrective Services officer;
x seek permission and obtain the approval of a Corrective Services
officer prior to any change of residence;
xi not leave or stay out of Queensland without the written permission of
an authorised Corrective Services officer;
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xii not commit an offence of a sexual nature during the period of the order;
xiii comply with every reasonable direction of a Corrective Services
officer;
xiv respond truthfully to enquiries by Corrective Services officers about his
whereabouts and movements generally;
xv not have any direct or indirect contact with a victim of his sexual
offences;
xvi 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;
xvii notify the 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;
xviii submit to medical, psychiatric, psychological or other forms of
assessment and/or treatment as directed by a Corrective Services
officer;
xix submit to and discuss with a Corrective Services officer a schedule of
his planned and proposed activities on a weekly basis or as otherwise
directed;
xx if directed by his supervising Corrective Services officer, make
complete disclosure of the terms of this supervision order and the
nature of his past offences to any person nominated reasonably and
after due consideration by the supervising officer who may contact
such persons to verify that full disclosure has occurred;
xxi abstain from the consumption of alcohol for the duration of this order;
xxii abstain from illicit drugs for the duration of this order;
xxiii take prescribed drugs as directed by a medical practitioner;
xxiv not visit premises licensed to supply or serve alcohol, without the prior
written permission of a Corrective Services officer;
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xxv submit to any form of drug and alcohol testing including both random
urinalysis and breath testing as directed by a Corrective Services
officer;
xxvi 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 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;
xxvii 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 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;
xxviii permit any medical, psychiatric, psychological or other mental health
practitioner to disclose details of treatment, intervention and opinions
relating to 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;
xxix 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;
xxx develop a risk management plan in consultation with an authorised
Corrective Services officer and discuss it as directed with an authorised
Corrective Services officer.
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Official source: https://www.sclqld.org.au/caselaw/QSC/2009/002