Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p10
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 10/38)
Character Range: 43097–45793

order;
 (g) the level of the offender's compliance with any conditions to which a visa that the offender is, or has been, a holder of under the Migration Act 1958 is or has been subject;
 (h) the offender's history of any prior convictions for, and findings of guilt made in relation to, any serious violent or sexual offence;
 (i) if information is available about the offender's history of any prior convictions for, and findings of guilt made in relation to, any serious foreign violent or sexual offence—that information;
 (j) the views of the sentencing court at the time any sentence for any serious violent or sexual offence was imposed on the offender;
 (k) if information is available about the views of the sentencing court at the time any sentence for any serious foreign violent or sexual offence was imposed on the offender—that information;
 (l) whether the offender is subject to any order under a law of a State or Territory that is equivalent to a community safety order, and if so, the conditions of the order;
 (m) any other information as to the risk of the offender committing a serious violent or sexual offence.
 (2) Subsection (1) does not prevent the Court from having regard to any other matter the Court considers relevant.
 (3) To avoid doubt, section 395.27 (civil evidence and procedure rules in relation to community safety order proceedings) applies to the Court's consideration of the matters referred to in subsections (1) and (2) of this section.

395.12  Making a community safety 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 395.8 for a community safety detention order in relation to a serious offender; and
 (b) after having regard to matters in accordance with section 395.11, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of seriously harming the community by committing a serious violent or sexual offence; and
 (c) the Court is satisfied that there is no less restrictive measure available under this Division that would be effective in protecting the community from serious harm by addressing the unacceptable risk; and
 (d) in a case where the offender is a holder under the Migration Act 1958 of a visa that is subject to conditions—the Court is satisfied that the conditions would not be effective in protecting the community from serious harm by addressing the unacceptable risk.
Note 1: The rules of evidence and procedure for civil matters apply when the Court has regard to matters in accordance with section 395.11, as referred to