Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p24
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 24/38)
Character Range: 78457–81149

this section, the order ceases to be in force at the end of the period referred to in subsection (2).

395.24  Review of community safety order on application
 (1) The following persons may apply to a Supreme Court of a State or Territory for review of a community safety order:
 (a) the Immigration Minister or a legal representative of the Immigration Minister;
 (b) a serious offender, or a legal representative of a serious offender, in relation to whom the community safety order is in force.
Note 1: For the process for reviewing a community safety order, see section 395.25.
Note 2: A copy of the application must be given to the serious offender under section 395.29.
 (2) The application must include a copy of any report obtained under section 395.43 for the purposes of determining whether an application for a review of the community safety supervision order should be made.
 (3) The Court may review the order if the Court is satisfied that:
 (a) there are new facts or circumstances which would justify reviewing the order; or
 (b) it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.
 (4) Otherwise, the Court must dismiss the application.
 (5) The application must be made to the Court of the State or Territory where:
 (a) for a community safety detention order—the prison in which the offender is detained is located; or
 (b) for a community safety supervision order—the offender resides.
Note: See subsection 395.2(1) for the definition of reside.

395.25  Process for reviewing a community safety order
 (1) This section applies if, under section 395.23 or 395.24, a Supreme Court of a State or Territory reviews a community safety order that is in force in relation to a serious offender.

Parties to the review
 (2) The parties to the review are:
 (a) the Immigration Minister; and
 (b) the offender.

Relevant experts
 (3) The Court may appoint one or more relevant experts for the purposes of the review. If the Court does so, subsections 395.9(5) to (9) apply in relation to the review.
 (4) The Immigration Minister or the offender, or a legal representative of the Immigration Minister or the offender, may nominate one or more relevant experts for the purposes of subsection (3).
 (5) Subsection (3) 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 review.

Affirming or revoking the order
 (6) The Court may affirm the order (including affirm the order with variations made under section 395.26) if, after having regard to