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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 25
Determination of application for extended supervision order
(1) The Supreme Court may determine an application for an
extended supervision order-- (a) by making an extended supervision order, or
(b) by dismissing the application.
(2) In determining whether or not to make
an extended supervision order, the safety of the community must be the
paramount consideration of the Supreme Court.
(3) In determining whether or
not to make an extended supervision order in respect of an eligible offender,
the Supreme Court must also have regard to the following matters in addition
to any other matter it considers relevant-- (a) the reports received from the
persons appointed to conduct examinations of the offender, and the level of
the offender's participation in any such examination,
(b) the results of any
other assessment prepared by a qualified psychiatrist, registered
psychologist, registered medical practitioner or other relevant expert as to
the likelihood of the offender committing a serious terrorism offence, the
willingness of the offender to participate in any such assessment, and the
level of the offender's participation in any such assessment,
(c) the results
of any assessment as to the likelihood of persons with histories and
characteristics similar to those of the offender committing a
serious terrorism offence,
(d) any report prepared by Corrective Services NSW
or the NSW Police Force as to the extent to which the offender can reasonably
and practicably be managed in the community,
(e) any report prepared by a
prescribed terrorism intelligence authority relevant to whether the offender
can reasonably and practicably be managed in the community,
(f) any treatment
or rehabilitation programs and other programs or initiatives in which the
offender has had an opportunity to participate, the willingness of the
offender to participate in any such programs or initiatives, and the level of
the offender's participation in any such programs or initiatives,
(g) options
(if any) available if the offender is kept in custody or is in the community
(whether or not under supervision) that might reduce the likelihood of the
offender re-offending over time,
(h) the likelihood that the offender will
comply with the obligations of an extended supervision order,
(i) without
limiting paragraph (h), the level of the offender's compliance with any
obligations to which the offender is or has been subject while-- (i) on
release on parole, or
(ii) subject to a control order, or
(iii) subject to
an earlier extended supervision order or interim supervision order, or
(iv)
subject to any other order of a court,
(j) the offender's criminal history
(including prior convictions and findings of guilt in respect of offences
committed in New South Wales or elsewhere), and any pattern of offending
behaviour disclosed by that history,
(k) the views of the sentencing court at
the time the sentence of imprisonment was imposed on the offender,
(l) any
beliefs or commitments of the offender (whether of an ideological, religious,
political, social or other nature) that support engaging or participating in
terrorism activities,
(m) any other information that is available as to the
likelihood that the offender will commit a serious terrorism offence.
(4) In
determining whether or not to make an extended supervision order in respect of
an eligible offender, the Supreme Court is not to consider any intention of
the offender to leave New South Wales (whether permanently or temporarily).
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