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CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 9
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, the Supreme Court must also have
regard to the following matters in addition to any other matter it considers
relevant-- (b) the reports received from the persons appointed under section 7
(4) to conduct examinations of the offender, and the level of the offender's
participation in any such examination,
(c) the results of any other
assessment prepared by a qualified psychiatrist, registered psychologist or
registered medical practitioner as to the likelihood of the offender
committing a further serious offence, the willingness of the offender to
participate in any such assessment, and the level of the offender's
participation in any such assessment,
(d) the results of any statistical or
other assessment as to the likelihood of persons with histories and
characteristics similar to those of the offender committing a further
serious offence,
(d1) any report prepared by Corrective Services NSW as to
the extent to which the offender can reasonably and practicably be managed in
the community,
(e) any treatment or rehabilitation programs in which the
offender has had an opportunity to participate, the willingness of the
offender to participate in any such programs, and the level of the offender's
participation in any such programs,
(e1) 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,
(e2) the likelihood that the offender will comply with the
obligations of an extended supervision order,
(f) without limiting paragraph
(e2), the level of the offender's compliance with any obligations to which he
or she is or has been subject while on release on parole or while subject to
an earlier extended supervision order,
(g) the level of the offender's
compliance with any obligations to which he or she is or has been subject
under the Child Protection (Offenders Registration) Act 2000 or the
Child Protection (Offenders Prohibition Orders) Act 2004 ,
(h) 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,
(h1) the views of
the sentencing court at the time the sentence of imprisonment was imposed on
the offender,
(i) any other information that is available as to the
likelihood that the offender will commit a further serious offence.
(4) In
determining whether or not to make an extended supervision order in respect of
an 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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