Event and Time
Event Description
An application was made by Mr. McAuliffe, representing the Secretary to the Department of Justice, for an interim supervision order under section 48(1) of the Serious Offenders Act 2018 (Vic). The respondent, referred to as F, R, was represented by Mr. Fitzgerald, who indicated no opposition to the order or its proposed conditions.
Application and Claims
- Mr. McAuliffe’s application was based on F, R’s criminal history and the assessment report prepared by Dr. Karen Owen, which indicated a significant risk of re-offending upon unsupervised release in the community.
- Mr. Fitzgerald represented the respondent's position that he did not oppose the making of the order or the proposed conditions, implying a level of agreement regarding the necessity of supervision.
Judicial Decisions
The presiding judge determined that:
- The test for making an interim supervision order under the Serious Offenders Act had been met, based on the assessment report and criminal history of the respondent.
- An interim supervision order was issued, commencing either on 19 January 2024 or the date of release from custody, and lasting for no more than four months.
- Additional measures were enacted to prohibit the publication of identifying information regarding the respondent to protect public interest.
Dispute Points and Legal Basis
Dispute Points
- Claim by the Secretary: F, R poses an unacceptable risk of committing relevant offenses if released unsupervised. The Secretary sought the intervention of an interim supervision order to mitigate this risk, citing the evaluation by a qualified psychologist and the respondent's history of offending.
- Response by the Respondent: Mr. Fitzgerald indicated the respondent did not oppose the application or the conditions of the supervision order, which suggests a recognition of the need for supervision but does not alter the necessity of judicial determination regarding the order.