Event and Time
Event Description
On 22 July 2024, the Secretary to the Department of Justice and Community Safety filed an application for an Interim Supervision Order (ISO) concerning the respondent, CS, under s 47 of the Serious Offenders Act 2018 (Vic). Following hearings and consideration, an ISO was granted for four months on 18 September 2024, along with a non-publication order under s 279 of the Act.
Application and Claims
The application was necessitated by the expiration of CS's current Supervision Order (SO) and the ensuing requirement to ensure continuous supervision before the potential renewal of the SO under s 22 of the Act.
- The applicant claimed that CS was at a high risk of reoffending, based on the assessment of an expert psychologist, Mr. Simon Candlish.
- The applicant sought an ISO to mitigate potential risks posed by CS's reentry into the community.
Judicial Decisions
The court decided to grant the ISO, satisfied that:
- An application under the pertinent sections had been started and not yet completed.
- CS was not serving a custodial sentence at the time of making the ISO.
- Evidence supported the need for an ISO for public interest, given CS's risk profile identified by expert testimony.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Argument:
- CS poses a significant risk of serious sexual and violent offenses if released into the community. - Various psychological reports substantiate the need for ongoing supervision. - A non-publication order is warranted to safeguard CS's rehabilitation.
- Respondent's Argument:
- CS did not oppose the ISO application or the proposed conditions therein. - Information seeking participation in the accommodation process was lacking, calling into question the efficiency of efforts to find suitable housing for CS.