Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p41
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 98593–101365

a court makes an order under subsection 20bc (2), the Attorney-General must, at least once in each period of 6 months after the day the person is detained under the order, consider whether or not the person should be released from detention.

"(2) In considering whether the person should be released from detention the Attorney-General:

(a) must obtain and consider:

(i) a report from a duly qualified psychiatrist or psychologist; and

(ii) a report from another duly qualified medical practitioner; and

(b) may obtain and consider such other reports as the Attorney-General considers necessary; and

    (c) must take into account any representations made to the Attorney- General by the person or on the person's behalf.

Attorney-General may order release

"20be. (1) The Attorney-General may, after considering under subsection 20bd (1) whether or not the person should be released from detention, order that the person be released from detention.

"(2) The Attorney-General must not order a person's 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 period as is specified in the order (being a period equal to the balance of the period fixed by the court for detention under subsection 20bc (2)) 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 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

"20bf. (1) The Attorney-General may, by instrument in writing, revoke an order made under subsection 20be (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