Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p45
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 108566–111286

release from detention unless the Attorney-General is satisfied that the person is not a threat or danger either to himself or herself or to the community.

"(3) An order:

(a) must be in writing; and

    (b) remains in force for such a period as is specified in the order (being a period equal to the balance of the period fixed by the court for

   detention in safe custody under subsection 20bj (1)) or for a period of 5 years, whichever is the lesser; and

    (c) is subject to such conditions (if any) as are specified in the order.

"(4) Without limiting the generality of paragraph (3) (c), the conditions that may be specified in the order may include all or any of the following:

(a) a condition that the person reside at an address specified in the order;

    (b) a condition that the person present himself or herself for such medical or psychiatric treatment as is specified in the order at such times and places as are specified in the order;

    (c) a condition that the person undertake such medical or mental health therapy as is specified in the order;

    (d) a condition that the person undertake such social, vocational or educational counselling as is specified in the order;

    (e) a condition that the person participate in such programs relating to financial management, behaviour modification or inter-personal relationships as are specified in the order.

Release order may be revoked

"20bm. (1) The Attorney-General may, by instrument in writing, revoke an order made under subsection 20bl (1) (in this section called a 'release order') at any time while that release order remains in force:

   (a) if the person concerned has, during that period, failed, without reasonable excuse, to comply with a condition of the order; or

   (b) if there are reasonable grounds for suspecting that the person has, during that period, failed, without reasonable excuse, so to comply;

and, where the Attorney-General does so, the instrument of revocation must specify the condition of the order that the person has breached or is suspected of having breached.

"(2) Before revoking a release order, the Attorney-General must make all such enquiries and call for all such reports as are reasonably necessary for the purpose of determining whether the circumstances referred to in paragraph (1) (a) or (b) apply.

"(3) Where a release order in relation to a person is revoked:

(a) a constable may arrest the person without warrant; or

    (b) the Attorney-General or the Director of Public Prosecutions may apply to a prescribed authority for a warrant for the arrest of the person.

"(4) A person who is arrested under subsection (3) must, as soon as practicable after that arrest, be brought