Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p78
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 78/169)
Character Range: 1385652–1388515

developmental and social factors;
 (g) factors that might increase or decrease any risks that have been identified of the offender committing a serious violent or sexual offence;
 (h) any other matters the expert considers relevant.

Other relevant experts
 (10) This section does not prevent the Immigration Minister or the offender, or a legal representative of the Immigration Minister or the offender, from calling their own relevant expert as a witness in the proceeding.

Assessments conducted for certain purposes
 (11) Without limiting subsection (7), an assessment of an offender conducted under paragraph (5)(a), and the report of the assessment, may be taken into account in proceedings to make, vary or review any community safety order in relation to the offender.

395.10  Determining an application for a community safety order

Determining applications for community safety detention orders
 (1) If an application is made under section 395.8 to the Supreme Court of a State or Territory for a community safety detention order in relation to a serious offender, the Court may determine the application by:
 (a) making a community safety detention order under section 395.12; or
 (b) making a community safety supervision order under section 395.13; or
 (c) dismissing the application.

Determining applications for community safety supervision orders
 (2) If an application is made under section 395.8 to the Supreme Court of a State or Territory for a community safety supervision order in relation to a serious offender, the Court may determine the application by:
 (a) making a community safety supervision order under section 395.13; or
 (b) dismissing the application.

395.11  Matters a Court must have regard to in making a community safety order
 (1) In deciding whether the Court is satisfied as referred to in paragraph 395.12(1)(b) or 395.13(1)(b) in relation to a serious offender, a Supreme Court of a State or Territory must have regard to the following matters:
 (a) the object of this Division;
 (b) any report of an assessment received from a relevant expert, and the level of the offender's participation in the assessment, under:
 (i) section 395.9; or
 (ii) section 395.43;
 (c) the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious violent or sexual offence, and the level of the offender's participation in any such assessment;
 (d) any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:
 (i) the relevant State or Territory corrective services; or
 (ii) any other person or body who is competent to assess that extent;
 (e) any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender's participation in