New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 39

39 Determination of application for continuing detention order

(1) The Supreme Court may determine an application under this Part for a continuing detention order--

(a) by making an extended supervision order, or

(b) by making a continuing detention order, or

(c) by dismissing the application.

(2) In determining whether or not to make a continuing detention order or 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 a continuing detention order or 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) for an extended supervision order--the likelihood that the offender will comply with the obligations of the 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 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.

(3A) To avoid doubt, section 25 (4) applies to an extended supervision order made under this section.

(4) In determining whether or not to make a continuing detention order, the Supreme Court is not to consider the ability to take action for a breach of the order in relation to whether there is an unacceptable risk of the eligible offender committing serious terrorism offences.