Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p91
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 91/268)
Character Range: 596849–599693

Division (including any appeal in relation to those proceedings); or
 (b) any civil proceedings against the offender, except proceedings under Division 104 or this Division (including any appeal in relation to those proceedings).
 (6) The Court must ensure that the effect of subsections (5), (5A) and (9) is explained to the offender.

Contents of report
 (7) The expert's report may include any one or more of the following matters:
 (a) the expert's assessment of the risk of the offender committing a serious Part 5.3 offence;
 (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;
 (h) any other matters the expert considers relevant.

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

Assessments conducted for certain purposes
 (9) Without limiting subsection (5A), an assessment of an offender conducted under paragraph (4)(a), and the report of the assessment, may be taken into account in proceedings to make or vary any post‑sentence order or interim post‑sentence order, or to review any post‑sentence order, in relation to the offender.

105A.6A  Determining an application for a post‑sentence order

Determining applications for continuing detention orders
 (1) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for a continuing detention order in relation to a terrorist offender, the Court may determine the application by:
 (a) making a continuing detention order under section 105A.7; or
 (b) making an extended supervision order under section 105A.7A; or
 (c) dismissing the application.

Determining applications for extended supervision orders
 (2) If an application is made under section 105A.5 to the Supreme Court of a State or Territory for an extended supervision order in relation to a terrorist offender, the Court may determine the application by:
 (a) making