Document ID: chunk:federal_register_of_legislation:C2016A00095:clause:1_1:p5
Version: federal_register_of_legislation:C2016A00095
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 5/15)
Character Range: 22387–25107

offender committing a serious Part 5.3 offence if the offender is released into the community;
 (b) reasons for that assessment;
 (c) the pattern or progression to date of behaviour on the part of the offender in relation to serious Part 5.3 offences, and an indication of the nature of any likely future behaviour on his or her part in relation to serious Part 5.3 offences;
 (d) efforts made to date by the offender to address the causes of his or her behaviour in relation to serious Part 5.3 offences, including whether he or she has actively participated in any rehabilitation or treatment programs;
 (e) if the offender has participated in any rehabilitation or treatment programs—whether or not this participation has had a positive effect on him or her;
 (f) any relevant background of the offender, including developmental and social factors;
 (g) factors that might increase or decrease any risks that have been identified of the offender committing a serious Part 5.3 offence if the offender is released into the community;
 (h) any other matters the expert considers relevant.

Other relevant experts
 (8) This section does not prevent the Attorney‑General, the offender, or a legal representative of the Attorney‑General or offender, from calling his or her own relevant expert as a witness in the proceeding.

105A.7  Making a continuing detention order
 (1) A Supreme Court of a State or Territory may make a written order under this subsection if:
 (a) an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender; and
 (b) after having regard to matters in accordance with section 105A.8, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence if the offender is released into the community; and
 (c) the Court is satisfied that there is no other less restrictive measure that would be effective in preventing the unacceptable risk.
Note 1: An example of a less restrictive measure is a control order.
Note 2: The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 105A.8, as referred to in paragraph (1)(b) of this section (see subsection 105A.8(3) and section 105A.13).
 (2) Otherwise, the Court must dismiss the application.

Onus of satisfying Court
 (3) The Attorney‑General bears the onus of satisfying the Court of the matters referred to in paragraphs (1)(b) and (c).

Period of order
 (4) The order must specify the period during which it is in force.
 (5) The period must be a period of no more than 3 years that the Court is satisfied