Tasmania: Dangerous Criminals and High Risk Offenders Act 2021 (Tas)

Dangerous Criminals and High Risk Offenders Act 2021 An Act to provide for the protection of the community from persons who have committed offences involving violence, or an element of violence, and who are declared to be dangerous criminals, or who have committed serious offences and are determined to be at a high risk of committing further serious offences, to amend various enactments consequent upon the enactment of this Act, and for related purposes [Royal Assent 22 April 2021] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Dangerous Criminals and High Risk Offenders Act 2021 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – Chief Psychiatrist has the same meaning as in the Mental Health Act 2013 ; court means the Supreme Court, the Court of Criminal Appeal or a court of petty sessions; custodial sentence, in relation to an offender, means a sentence, imposed by a court, that requires the offender to serve a term of imprisonment, and includes any period of such a sentence during which the offender is eligible for parole or is on parole, but does not include a sentence of imprisonment that is wholly or partly suspended; dangerous criminal means an offender in respect of whom a declaration is in force; dangerous criminal offence, in relation to an offender, means – (a) the crime, of which the offender has been convicted, that is specified in the application under section 4(1) pursuant to which a declaration was made in relation to the offender; or (b) where the offender is subject to a declaration to which section 8(1) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender in accordance with section 19(3) of the Sentencing Act 1997 , as in force before the day on which Part 2 of this Act commences; or (c) where the offender is subject to a declaration to which section 8(2) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender, pursuant to section 392(2) of the Criminal Code , as in force immediately before the commencement of the Sentencing Act 1997 ; DCS means the Director of Corrective Services; declaration, in relation to an offender, means – (a) a declaration under section 7(1) that is in force in relation to the offender; and (b) an instrument in writing that is, under section 8(1) , taken to be a declaration made under section 7(1) and that is in force in relation to the offender; and (c) an instrument in writing that is, under section 8(2) , taken to be a declaration made under section 7(1) and that is in force in relation to the offender; DPP means the Director of Public Prosecutions; HRO order means a high risk offender order, made under section 35(1) , that is in force; interim HRO order means an interim high risk offender order, made under section 37(1) , that is in force; offender means a person whom a court has convicted of an offence; pre-release order, in relation to an offender, means an order, made under section 13(3) or (4) in relation to the offender, that is in force; probation officer means a probation officer within the meaning of the Corrections Act 1997 ; psychiatrist has the same meaning as in the Mental Health Act 2013 ; psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; relevant custodial sentence, in relation to an offender, means – (a) a custodial sentence, for the offender's dangerous criminal offence, whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence; or (b) a custodial sentence, for a crime or offence, that is being served cumulatively on a custodial sentence, that has been served, for the offender's dangerous criminal offence, irrespective of when the first-mentioned sentence was imposed; or (c) a custodial sentence, for another crime or offence, that is being served cumulatively on a custodial sentence referred to in paragraph (b) that has been served, irrespective of when the first-mentioned sentence was imposed; review application means an application made under section 10(1) or (3) ; risk assessment committee means the high risk offenders assessment committee established by section 26 ; serious offence means an offence against – (a) a provision listed in Schedule 1 ; or (b) a provision of the law of this State, another State, a Territory or the Commonwealth that is substantially the same as an offence listed in Schedule 1 . (2) A reference in this Act to an offender serving a custodial sentence is a reference to an offender serving in the State a custodial sentence and includes a reference to the offender being on parole while serving such a sentence. (3) For the purposes of this Act, a custodial sentence in relation to an offender is not to be taken to expire when the offender is on parole. PART 2 - Dangerous Criminals Division 1 - Declaration of dangerous criminal 4. Application for declaration that offender is dangerous criminal (1) An application may be made by the DPP to the Supreme Court for an offender who is convicted of a crime, involving violence or an element of violence, that is specified in the application, to be declared to be a dangerous criminal. (2) An application under subsection (1) in relation to an offender who is convicted of a crime specified in the application may be made at any of the following times: (a) when the offender is convicted of the crime; (b) when the offender is sentenced for the crime; (c) when the offender is serving – (i) a custodial sentence for the crime (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or (ii) a custodial sentence being served cumulatively on a custodial sentence for the crime to which subparagraph (i) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence). 5. Reports and examination of offender to whom application under section 4(1) relates (1) The Supreme Court, after receiving an application under section 4(1) in relation to an offender – (a) must order that the DPP provide to the Court, by the date specified in the order, each report, if any, in relation to the offender, provided to the DPP under section 27(4) or section 29(5) ; and (b) may order that the Chief Psychiatrist provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the risk of the offender being a serious danger to the community. (2) The Supreme Court – (a) may order the DCS or any other person to prepare and provide to the Court a report in relation to the offender addressing the matters that the Court specifies in the order; and (b) may have regard to the report for the purpose of determining the application under section 4(1) . (3) The Supreme Court is to provide to – (a) the DPP a copy of a report that is provided to the Court in accordance with an order under subsection (1) or (2) , other than a report provided to the Court by the DPP; and (b) the offender a copy of a report in relation to the offender that is provided to the Court in accordance with an order under subsection (1) or (2) . (4) The Supreme Court may order an offender to submit to examination by a person who is to prepare in relation to the offender a report that is to be provided to the Court under subsection (1)(b) or (2) . (5) If – (a) the DPP or the offender proposes to tender a report at the hearing of an application under section 4(1) ; and (b) the DPP or the offender has caused the report to be prepared otherwise than in accordance with an order under subsection (2) – the DPP or the offender, respectively, is to provide to the other party to the application a copy of the report at least 7 days, or within such other period ordered by the Court, before the hearing of the application. 6. Procedure in relation to application (1) This section applies in relation to an application under section 4(1) . (2) The Supreme Court may adjourn the hearing of an application to a date set by the Court. (3) The DPP, or counsel on the DPP's behalf, must appear for the Crown at the hearing of the application. (4) The offender to whom an application relates is entitled to be present at the hearing of the application, unless the Supreme Court, in its discretion, orders otherwise. (5) The DPP or the offender may adduce evidence in relation to the application. (6) If a report provided to the Court under this Part, or tendered in evidence, is disputed by a party to the application – (a) that party is entitled to cross-examine the author of the report; and (b) if the author of the report is cross-examined, the other party to the application is entitled to examine the author of the report by way of reply. 7. Declaration of dangerous criminal (1) The Supreme Court may declare an offender to be a dangerous criminal if – (a) an application under section 4(1) is made in relation to the offender; and (b) the offender has been convicted of a crime, involving violence or an element of violence, that is specified in the application; and (c) the offender – (i) has not been sentenced for the crime specified in the application; or (ii) is brought up for sentence for the crime specified in the application; or (iii) is serving, or has been sentenced to serve, a custodial sentence in relation to the crime specified in the application (whether or not the sentence is being, or is to be, served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or (iv) is serving, or has been sentenced to serve, a custodial sentence being served cumulatively on a custodial sentence for the crime to which subparagraph (iii) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); and (d) one of the following applies in relation to the offender: (i) the offender has at least one conviction, for a crime involving violence or an element of violence, in addition to the conviction for the crime specified in the application; (ii) the crime specified in the application comprises multiple unlawful acts involving violence or an element of violence; and (e) the offender has apparently attained the age of 17 years; and (f) the Court is satisfied that the offender is, at the time when the declaration is made, a serious danger to the community; and (g) the Court has sentenced, or intends to sentence, the offender to a term of imprisonment for the crime to which the application relates. (2) For the purposes of this section, the Supreme Court must, in determining whether it is satisfied that an offender is a serious danger to the community, consider – (a) whether the nature and circumstances of each offence, involving violence or an element of violence, for which the offender has been convicted are such as to warrant the indefinite detention of the offender in accordance with this Part; and (b) the offender's antecedents, age and character; and (c) the need to protect the community from the offender; and (d) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the Corrections Act 1997 ; and (e) the risk of the offender being a serious danger to the community if the offender is not imprisoned; and (f) any other matters that the Supreme Court considers relevant. (3) The DPP has the onus of proving that an offender is a serious danger to the community. (4) For the purposes of this section, the Supreme Court may only be satisfied that an offender is a serious danger to the community if it is satisfied to a high degree of probability that the offender is a serious danger to the community. (5) A reference in this section to an offender being a serious danger to the community includes a reference to the offender being a serious danger only to some members of the community. (6) A reference in subsection (1)(d) to a conviction for a crime involving violence or an element of violence includes a reference to – (a) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth; or (b) any conviction for an offence, involving violence or an element of violence, against a law of this State, another State, a Territory or the Commonwealth, as a consequence of which a sentence is imposed by a court, on the committal of the accused to that court for sentence. 8. Previous declarations taken to be declarations for purposes of this Act (1) An instrument in writing that is – (a) a declaration made under section 19(1) of the Sentencing Act 1997 as in force before the day on which this Part commences; and (b) in force immediately before that day – is to be taken to be a declaration made under section 7(1) . (2) An instrument in writing that is – (a) a declaration made under section 392(1) of the Criminal Code , as in force immediately before the day on which the Sentencing Act 1997 commenced; and (b) in force immediately before the day on which this Part commences – is to be taken to be a declaration made under section 7(1) . 9. Dangerous criminal not to be released from custody (1) An offender in respect of whom a declaration has been made is not eligible to be released from custody until that declaration is discharged. (2) Subsection (1) has effect whether or not a relevant custodial sentence in relation to the offender has expired. Division 2 - Review of declaration of dangerous criminal 10. Application for review of declaration (1) The DPP may make an application to the Supreme Court (a review application) for a review of a declaration in relation to an offender who is a dangerous criminal. (2) The DPP must make an application under subsection (1) in relation to an offender – (a) except if paragraph (b) applies, within 12 months before the day by which all relevant custodial sentences in relation to the offender have expired; and (b) if all relevant custodial sentences in relation to the offender have expired before the day on which this section commences – at least once within the first 3-year period after the day on which this section commences; and (c) at least once within each 3-year period after the most recent determination, to refuse to make an order discharging the declaration in relation to the offender, is made under section 15(1) . (3) An offender who is a dangerous criminal may make an application to the Supreme Court (a review application) for a review of a declaration in relation to the offender, if – (a) the review application is made after the determination of a review application made under subsection (1) in accordance with subsection (2)(a) or (b) ; and (b) the Supreme Court grants leave to the offender to make the review application, on the grounds that exceptional circumstances apply in relation to the offender. (4) A review application is to be in writing. (5) A copy of – (a) a review application under subsection (1) in relation to a declaration is to be served on the offender to whom the declaration relates; and (b) a review application under subsection (3) is to be served on the DPP. (6) A review application may be withdrawn or discontinued by leave of the Supreme Court. (7) The DPP must provide to the risk assessment committee a copy of a review application, made under subsection (1) or subsection (3) , as soon as practicable after the review application is made. 11. Reports and examination of offender to whom review application relates (1) The Supreme Court, after receiving a review application in relation to an offender – (a) must order that the DPP provide to the Court, by the date specified in the order, each report, if any, in relation to the offender, provided to the DPP under section 27(4) or section 29(5) ; and (b) may order that the Chief Psychiatrist provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the risk of the offender still being a serious danger to the community. (2) The Supreme Court – (a) may order the DCS or any other person to prepare and provide to the Court a report in relation to the offender addressing the matters that the Court specifies in the order; and (b) may have regard to the report for the purpose of determining the review application. (3) The Supreme Court is to provide to – (a) the DPP a copy of a report that is provided to the Court in accordance with an order under subsection (1) or (2) , other than a report provided to the Court by the DPP; and (b) the offender a copy of a report in relation to the offender that is provided to the Court in accordance with an order under subsection (1) or (2) . (4) The Supreme Court may order an offender to submit to examination by a person who is to prepare in relation to the offender a report that is to be provided to the Court under subsection (1)(b) or subsection (2) . (5) If – (a) the DPP or the offender proposes to tender a report at the hearing of a review application; and (b) the DPP or the offender has caused the report to be prepared otherwise than in accordance with an order under subsection (2) – the DPP or the offender, respectively, is to provide to the other party to the review application a copy of the report at least 7 days, or within such other period ordered by the Court, before the hearing of the review application. 12. Procedure for hearing of review application (1) The Supreme Court, on receiving a review application, must set a date for the hearing of the review application. (2) The Supreme Court may adjourn the hearing of a review application to a date set by the Court. (3) The DPP, or counsel on the DPP's behalf, must appear for the Crown at the hearing of the review application. (4) The offender to whom the review application relates is entitled to be present at the hearing of the review application, unless the Supreme Court, in its discretion, orders otherwise. (5) The DPP or the offender may adduce evidence in relation to the review application. (6) If a report provided to the Court under this Part, or tendered in evidence, is disputed by a party to the review application – (a) that party is entitled to cross-examine the author of the report; and (b) if the author of the report is cross-examined, the other party to the review application is entitled to examine the author of the report by way of reply. 13. Making of pre-release orders at hearing of review application (1) If a review application in relation to an offender has been made but the Supreme Court has not determined the application under section 15(1) by discharging, or refusing to discharge, a declaration in relation to the offender, the DPP or the offender may apply to the Supreme Court for a pre-release order to be made in relation to the offender. (2) The Supreme Court may adjourn the hearing of a review application in relation to an offender if an application is made under subsection (1) in relation to the offender. (3) If the Supreme Court receives an application under subsection (1) in relation to an offender, the Court must, before making a determination under section 15(1) in relation to the offender – (a) make a pre-release order in relation to the offender; or (b) refuse to make a pre-release order in relation to the offender. (4) The Supreme Court may, of its own motion, before making a determination under section 15(1) in relation to an offender, make a pre-release order in relation to the offender. (5) The Supreme Court is to make a pre-release order in relation to an offender after considering – (a) the matters referred to in section 15(2) in relation to the review application in relation to the offender; and (b) any report provided in accordance with an order under section 21(1) , in relation to the offender. (6) A pre-release order is an order setting out the requirements, referred to in section 20(1) , that are to apply in relation to the offender to whom the order relates before the Supreme Court determines under section 15(1) the application by discharging, or refusing to discharge, a declaration in relation to the offender. (7) The DPP and an offender may make submissions to the Supreme Court as to – (a) whether the Supreme Court ought to make a pre-release order in relation to the offender; and (b) the requirements that the Supreme Court ought to specify under section 20(1) in a pre-release order in relation to the offender. (8) If the Supreme Court makes under subsection (3) or (4) a pre-release order in relation to an offender to whom a review application relates, the Court must, without determining the review application – (a) specify a date in the pre-release order to be the date to which the hearing is adjourned; and (b) adjourn to that date the hearing in relation to the review application. (9) A date specified in a pre-release order in relation to an offender in accordance with subsection (8) is not to be more than 12 months from the day on which the pre-release order is made. 14. Resumption of adjourned hearing where pre-release order made (1) The hearing of a review application that is adjourned in accordance with section 13(8) is to resume, as applicable – (a) on the date, to which the hearing of the application is adjourned, that is specified in the pre-release order under section 13(8) ; or (b) on the date to which the hearing is adjourned under section 12(2) ; or (c) if the date, specified in the pre-release order, to which the hearing of the application is adjourned has been varied under section 22(3)(b) – on the date to which the hearing is adjourned under section 22(4) ; or (d) if the pre-release order is revoked under section 22(5)(a) – on the date to which the hearing of the review application is adjourned under section 22(6) ; or (e) on the date specified in accordance with section 23(4) . (2) At the hearing of a review application in relation to an offender that resumes in accordance with subsection (1) – (a) the Supreme Court is, subject to any adjournment under this Part, to proceed to determine under section 15(1) the review application; and (b) the Supreme Court must, in addition to considering the matters referred to in section 15(2) , consider – (i) any reports provided to the Court in accordance with a requirement of the pre-release order in relation to the offender; and (ii) any other evidence before the Court as to the extent to which the offender has complied with the requirements imposed on the offender in the pre-release order; and (c) the Supreme Court may not make another pre-release order in relation to the offender, but may, in accordance with an application under section 22(1) to vary the pre-release order, vary under section 22(3) the date specified in the pre-release order as the date to which the hearing is adjourned. (3) If the Court of Criminal Appeal, on an appeal under section 23(1) or (2) , quashes a pre-release order in relation to an offender, the Supreme Court must set a date for the hearing of the review application and either – (a) determine under section 15(1) the application; or (b) make under section 13(3) or (4) a further pre-release order in relation to the offender. 15. Determination of review application (1) On a review application in relation to a declaration in relation to an offender, the Supreme Court – (a) must make an order discharging the declaration, if it is not satisfied to a high degree of probability that the offender is still, at the time when the order is made, a serious danger to the community; or (b) must refuse to make an order discharging the declaration, if it is satisfied to a high degree of probability that the offender is still, at the time of refusing to make the order, a serious danger to the community. (2) The Supreme Court must, in determining whether it is satisfied that an offender is still a serious danger to the community, consider – (a) the offender's antecedents, age and character; and (b) the need to protect the community from the offender; and (c) each report, in relation to the offender, that is before the Court, including any report by a psychiatrist, psychologist or medical practitioner or under the Corrections Act 1997 ; and (d) each previous declaration in relation to the offender, any information that the court that made the declaration relied upon in deciding to make the declaration and that is information available to the Supreme Court and any reasons, specified by the court that made the declaration, as to why the declaration was made; and (e) each previous determination of a review application in relation to an offender, any information that the court that made the determination relied upon in deciding to make the determination and that is information available to the Supreme Court and any reasons, specified by the court that made the determination, as to why the determination was made; and (f) the reports provided to the Court in accordance with an order under section 11 ; and (g) any report provided under section 11(5) to a party to the review application; and (h) any evidence that is adduced under section 12(5) or that is presented or tendered at the hearing of the review application; and (i) whether the risk that the offender is still a serious danger to the community may be appropriately mitigated by imposing an HRO order on the offender instead of refusing to discharge a declaration in relation to the offender; and (j) any other matters that the Supreme Court thinks fit. (3) The DPP has the onus of proving that an offender is still a serious danger to the community. (4) A reference in this section to an offender still being a serious danger to the community includes a reference to the offender still being a serious danger only to some members of the community. 16. When discharge of declaration takes effect An order under section 15(1)(a) discharging a declaration does not take effect – (a) if no appeal is lodged under section 19(3) in relation to the order – until the end of the period during which an appeal may be made in relation to the order; or (b) if an appeal is lodged under section 19(3) – until the appeal is dismissed, withdrawn or discontinued. 17. Discharge of declaration does not affect existing sentence The discharge of a declaration in relation to an offender does not affect a sentence of imprisonment imposed on the offender. 18. Applications for HRO orders where declaration discharged (1) If – (a) the Supreme Court, on a day, makes under section 15(1)(a) an order discharging a declaration in relation to an offender; and (b) an application has, by that day, been made under section 33(1) for an HRO order in relation to the offender but the application has not been determined; and (c) but for the declaration, the offender would cease to be in custody – the Supreme Court must order that the offender must not be released from custody until the Supreme Court has determined the application made under section 33(1) and made an order under subsection (3) . (2) If the Supreme Court, on a day, makes under section 15(1)(a) an order discharging a declaration in relation to an offender and an application has not been, by that day, made under section 33(1) for an HRO order in relation to the offender – (a) the Supreme Court must request the DPP to inform the Court whether the DPP intends to make an application under section 33(1) for an HRO order in relation to the offender; and (b) the DPP must, within 14 days – (i) inform the Court that the DPP does not intend to make an application under section 33(1) for an HRO order in relation to the offender; or (ii) make an application under section 33(1) for an HRO order in relation to the offender; and (c) the Supreme Court must, if, but for the declaration, the offender would cease to be in custody, order that the offender must not be released from custody until an order has been made under subsection (3) in relation to the offender. (3) If the Supreme Court makes, under section 15(1)(a) , an order discharging a declaration in relation to an offender, the Supreme Court must make another order, for the release of the offender from custody from a date specified in that other order, if – (a) it is informed in accordance with subsection (2)(b)(i) that the DPP does not intend to make an application under section 33(1) for an HRO order in relation to the offender; or (b) an application that is made under section 33(1) for an HRO order in relation to the offender is determined by the Court after the date on which the order under section 15(1)(a) is made. (4) Despite subsection (3) , if subsection (1) , (2) or (3) applies in relation to an offender and an HRO order is made under section 35(1) in relation to the offender, the Supreme Court may, if the Court considers that it is necessary to detain the offender for a period in order to enable arrangements to be made for the offender to be supervised under the HRO order – (a) order that the offender be detained for a period specified in the order, of not more than 7 days, after the offender would, but for the order, cease to be in custody; and (b) defer the commencement of the HRO order until the end of the period specified in the order. 19. Appeals against declaration or refusal to make declaration (1) The DPP may, within 14 days after the Supreme Court refuses to make a declaration under section 7(1) , appeal to the Court of Criminal Appeal against the refusal to make the declaration. (2) A person who has been declared to be a dangerous criminal under section 7(1) may, within 14 days after the declaration is made, appeal to the Court of Criminal Appeal against the making of the declaration. (3) The DPP may, within 14 days after the Supreme Court makes an order under section 15(1)(a) , appeal to the Court of Criminal Appeal against the making of the order. (4) A person who has been declared to be a dangerous criminal under section 7(1) may, within 14 days after the Supreme Court, under section 15(1)(b) , refuses to make an order discharging the declaration, appeal to the Court of Criminal Appeal against the refusal of the Supreme Court to make such an order. (5) It is not necessary to obtain the leave of the Court of Criminal Appeal for an appeal under this section. Division 3 - Pre-release orders 20. Requirements of pre-release orders (1) The Supreme Court is to specify in a pre-release order in relation to an offender the requirements that it thinks fit, including, but not limited to including, any of the following requirements: (a) a requirement that the offender participate in, or complete, one or more rehabilitation, treatment or re-integration programs specified in the order; (b) a requirement that the offender participate in, or complete, one or more activities, specified in the order, that may assist in the rehabilitation or re-integration into society of the offender; (c) a requirement that the offender achieve certain results, or that certain circumstances must have arisen, as a result of the offender's participation in, or completion of, a rehabilitation, treatment or re-integration program specified in the order; (d) a requirement that relevant reports, specified in the order, in relation to the offender be prepared and provided to the Supreme Court; (e) a requirement that information, specified in the order, as to the accommodation, employment, or any other support, that will be available to the offender if the declaration in relation to the offender is discharged, be provided to the Supreme Court. (2) For the purposes of subsection (1)(d) , a relevant report in relation to the offender is a report, prepared by a psychiatrist, psychologist or medical practitioner or under the Corrections Act 1997 , that may assist the Supreme Court to determine – (a) the extent to which the offender has complied with the requirements of a pre-release order imposed on the offender; or (b) whether the offender is still a serious danger to the community. (3) The Supreme Court is to provide to the DPP and the offender a copy of a report provided to the Court in accordance with a requirement of a pre-release order imposed under subsection (1)(d) . (4) A pre-release order does not take effect – (a) if no appeal is lodged under section 23(1) or (2) in relation to the pre-release order – until the end of the period in which an appeal may be made in relation to the order; or (b) if an appeal is lodged under section 23(1) or (2) in relation to the pre-release order and the appeal is dismissed – until the dismissal of the appeal; or (c) if an appeal is lodged under section 23(1) or (2) in relation to the pre-release order and the appeal is upheld. 21. Orders before, or ancillary to, making of pre-release orders (1) The Supreme Court may, before or at the hearing of a review application in relation to an offender, order the DCS to provide to the Court, within a period specified in the order, a report as to any one or more of the following: (a) the rehabilitation, treatment, or re-integration, programs that the DCS makes available to offenders to assist in the rehabilitation or re-integration into society of offenders; (b) the training, education or other activities that the DCS makes available to offenders to assist in the rehabilitation or re-integration into society of offenders; (c) the opinion of the DCS as to whether the offender is suitable to participate in such a program or activities – so as to assist the Supreme Court to determine whether to make a pre-release order and what requirements to specify under section 20(1) on a pre-release order, if any, in relation to the offender. (2) The Supreme Court is to provide to the DPP and the offender a copy of a report provided to the Court in accordance with an order under subsection (1) . (3) If the Supreme Court makes a pre-release order, the Court may make an order in relation to an offender requiring the DCS to ensure that – (a) the offender is, within the period specified in the order, given all reasonable opportunities to attend and participate in a program or activity specified, in accordance with section 20(1) , in a requirement of the pre-release order; and (b) the reports, or information, specified, in accordance with section 20(1) , in a requirement of the pre-release order, are obtained and provided to the Supreme Court within the period that is specified in the order under this subsection. (4) If the Supreme Court makes a pre-release order in relation to an offender to whom a review application relates, the Supreme Court may make a further order under section 11(2) for the provision of a report for the purposes of the hearing of the review application at the date to which the hearing is adjourned in accordance with this Part. 22. Variation or revocation of pre-release orders or ancillary orders (1) The DPP or the offender may apply to the Supreme Court for the variation or revocation of a pre-release order, or of an order made under section 21 , in relation to the offender. (2) If an application is made under subsection (1) – (a) by the DPP – the DPP must serve on the offender notice of the application within 7 days after the application is made; or (b) by the offender – the offender must serve on the DPP notice of the application within 7 days after the application is made. (3) If an application is made under subsection (1) for the variation of a pre-release order, the Supreme Court may – (a) vary the pre-release order by varying or revoking a requirement specified in the pre-release order; or (b) vary the date specified, in the pre-release order, as the date to which the hearing of the review application to which the pre-release order relates is adjourned, but not so that the date is more than 15 months from the day on which the order was first made or the day on which the order was confirmed under section 23(4) , whichever is the later. (4) If the Supreme Court varies under subsection (3) the date specified in the pre-release order as the date to which the hearing of the review application to which the pre-release order relates is adjourned, the Supreme Court must set that date as the date to which the hearing of the review application is adjourned. (5) If an application is made under subsection (1) for the revocation of a pre-release order, the Supreme Court may – (a) revoke the pre-release order; or (b) refuse to revoke the pre-release order. (6) If the Supreme Court revokes under subsection (5)(a) a pre-release order in relation to an offender, the Supreme Court must set a date for the hearing of the review application in relation to the offender that was adjourned under section 13(8) . (7) If an application is made under subsection (1) for the variation or revocation of an order made under section 21 , the Supreme Court may – (a) vary or revoke the order; or (b) refuse to vary or revoke the order. (8) The DPP and an offender may make submissions to the Supreme Court as to whether a pre-release order, or an order made under section 21 , ought to be varied or revoked as specified in an application under subsection (1) . 23. Appeals in relation to making of, or refusal to make, pre-release order (1) The DPP may, within 14 days after the Supreme Court – (a) makes or refuses to make a pre-release order under section 13(3) , appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court or the refusal by the Supreme Court to make such an order; or (b) makes a pre-release order under section 13(4) , appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court. (2) An offender may, within 14 days after the Supreme Court – (a) makes or refuses to make a pre-release order under section 13(3) in relation to the offender, appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court or the refusal by the Supreme Court to make such an order; or (b) makes a pre-release order under section 13(4) in relation to the offender, appeal to the Court of Criminal Appeal against the making of the order by the Supreme Court. (3) It is not necessary to obtain the leave of the Court of Criminal Appeal for an appeal under this section. (4) If the Court of Criminal Appeal, on an appeal under this section, confirms the making of a pre-release order, the Court of Criminal Appeal may vary the date specified in the order to be the date to which the hearing of the application in relation to the offender is to be adjourned, but not so that the date is more than 12 months from the day on which the Court of Criminal Appeal makes the order. PART 3 - High Risk Offenders Division 1 - Interpretation of Part 3 24. Interpretation of Part 3 In this Part – application means an application made under section 33 ; breach includes fail to comply; chairperson of the risk assessment committee – see section 26(3) ; operational period – see section 39 ; prescribed officer has the same meaning as in section 42AB of the Sentencing Act 1997 ; relevant agency – see section 25 ; relevant offender means an offender who has been convicted of a serious offence, who has attained the age of 18 years and who is – (a) in custody – (i) pursuant to a declaration under section 7(1) ; or (ii) in accordance with section 37(2) ; or (iii) in accordance with an order under section 18(1) or (4) ; or (b) subject to an HRO order or an interim HRO order; or (c) serving a custodial sentence – (i) for a serious offence; or (ii) for an offence against section 41 ; or (iii) for an offence, against a law of this State, another State, a Territory or the Commonwealth, that is being served concurrently with or cumulatively on, or partly concurrently with and partly cumulatively on, one or more sentences of imprisonment referred to in subparagraph (i) or (ii) ; risk assessment, in relation to a relevant offender, means an assessment as to the likelihood of the offender committing a serious offence unless there is an HRO order in force in relation to the offender. 25. Meaning of relevant agency For the purposes of this Part, each of the following is a relevant agency: (a) the Department; (b) the department primarily responsible in relation to the administration of the Tasmanian Health Service Act 2018 ; (c) the department primarily responsible in relation to the administration of the Mental Health Act 2013 ; (d) the department primarily responsible in relation to the administration of the Disability Services Act 2011 ; (e) the department primarily responsible in relation to the administration of the Police Service Act 2003 ; (f) any other unit of administration of the State, another State, a Territory, or the Commonwealth, that is prescribed. Division 2 - Risk assessment of relevant offenders 26. High risk offenders assessment committee (1) The high risk offenders assessment committee (the risk assessment committee) is established. (2) The risk assessment committee consists of the following members: (a) the Secretary of the Department or a person who is nominated by the Secretary of the Department; (b) a representative, of the unit of administration, within the department primarily responsible in relation to the administration of the Corrections Act 1997 , that is primarily responsible for the management of prisons, who is nominated by the Secretary of that department; (c) a representative, of the department primarily responsible in relation to the administration of the Corrections Act 1997 , who is nominated by the Secretary of that department; (d) a representative, of the department primarily responsible in relation to the administration of the Tasmanian Health Service Act 2018 , who is nominated by the Secretary of that department; (e) a representative, of the department primarily responsible in relation to the administration of the Disability Services Act 2011 , who is nominated by the Secretary of that department; (f) a representative, of the department primarily responsible in relation to the administration of the Police Service Act 2003 , who is nominated by the Secretary of that department; (g) the Chief Psychiatrist or a person nominated by the Chief Psychiatrist; (h) a representative of any other unit of administration of the State, another State, a Territory, or the Commonwealth, that is prescribed. (3) The member of the risk assessment committee under subsection (2)(a) is the chairperson of the risk assessment committee. (4) The risk assessment committee has the following functions: (a) to ensure the preparation of reports for the purposes of this Division in relation to relevant offenders and, where it thinks fit, to cause risk assessments of relevant offenders to be conducted; (b) to facilitate cooperation between, and the co-ordination of, relevant agencies in the preparation of risk assessments of relevant offenders and the management of relevant offenders who are subject to HRO orders; (c) to facilitate information sharing between relevant agencies in relation to risk assessment of relevant offenders, applications for HRO orders and the management of relevant offenders who are subject to HRO orders; (d) to advise relevant agencies in relation to – (i) the management of relevant offenders who are subject to HRO orders; and (ii) other matters relating to the operation of this Part. 27. Preparation of reports in relation to offenders (1) If the risk assessment committee is of the opinion that it is necessary or desirable to do so, the committee – (a) is to ensure that a behavioural report in relation to a relevant offender is prepared and provided to the committee; and (b) is to ensure that one or more management reports are prepared in relation to a relevant offender and provided to the committee. (2) For the purposes of this section, a behavioural report in relation to a relevant offender is – (a) if the relevant offender is in custody – a report, prepared by the unit of administration primarily responsible for the administration of prisons, as to the behaviour of the offender while in custody; or (b) if the relevant offender is subject to an HRO order – a report, prepared by the unit of administration primarily responsible for the management of persons on parole, as to the offender's behaviour while subject to the HRO order. (3) For the purposes of this section, a management report in relation to a relevant offender is a report from a relevant agency in relation to – (a) the management and supervision of the offender; and (b) any support or treatment of the offender; and (c) any conditions that the relevant agency is of the opinion that the Court should, if it makes an HRO order in relation to the offender, consider specifying under section 38(2) in the order. (4) As soon as practicable after a behavioural report, or a management report, in relation to a relevant offender is provided to the risk assessment committee, the committee is to provide to the DPP a copy of the report. 28. Committee to determine whether risk assessment of relevant offender to be carried out (1) The risk assessment committee, after considering each report in relation to a relevant offender that is provided to the committee under section 27 , is to determine whether a risk assessment of the relevant offender is to be carried out. (2) The risk assessment committee may only determine under subsection (1) that a risk assessment of a relevant offender is not to be carried out if, having regard to the circumstances of the relevant offender, the committee considers that it is not necessary or desirable for a risk assessment of the relevant offender to be carried out. (3) If the risk assessment committee determines under subsection (1) that a risk assessment of a relevant offender is to be carried out, the chairperson of the risk assessment committee is – (a) to appoint a person to conduct a risk assessment of the relevant offender; and (b) to provide to the person any report in relation to the offender that is provided to the committee under section 27 . (4) The person appointed under subsection (3) to conduct a risk assessment of a relevant offender is to be a member of the one of the relevant classes of persons that the chairperson considers, having regard to the circumstances of the relevant offender, to be the class of persons most suited to conduct the risk assessment of the relevant offender. (5) For the purposes of subsection (4) , the following are the relevant classes of persons: (a) psychiatrists; (b) psychologists; (c) medical practitioners. 29. Conduct of risk assessment (1) A person appointed under section 28(3) to conduct a risk assessment of a relevant offender is to conduct a risk assessment of the relevant offender. (2) The risk assessment of the relevant offender may, but is not required to, include an examination of the relevant offender in person by the person conducting the risk assessment. (3) A person appointed to conduct the risk assessment of a relevant offender must, after completing the risk assessment, provide to the risk assessment committee a report in relation to the relevant offender. (4) The report in relation to the relevant offender is to set out the opinion, of the person who conducted the risk assessment, as to the likelihood of the relevant offender committing another serious offence unless there is an HRO order in force in relation to the relevant offender and is to specify the reasons why the person is of that opinion. (5) As soon as practicable after the risk assessment committee is provided under subsection (3) with a report in relation to a relevant offender, the committee is to provide to the DPP a copy of the report. 30. Determination by DPP as to whether to apply for HRO order in relation to offender (1) The DPP, after receiving all reports in relation to a relevant offender under section 27(4) or section 29(5) , must decide whether to make an application for an HRO order in relation to the relevant offender. (2) The DPP is to notify the risk assessment committee as soon as practicable after having determined whether to make an application for an HRO order in relation to a relevant offender. 31. Cooperation between relevant agencies in relation to dangerous offenders (1) In this section – dangerous offender functions and powers, in relation to a relevant agency, means the functions and powers of the agency that relate to, or are relevant to – (a) risk assessments for the purposes of this Part; and (b) the management of relevant offenders. (2) Each relevant agency, in the performance and exercise of the dangerous offender functions and powers of the agency, has a duty to cooperate with other relevant agencies. (3) The duty to cooperate with other relevant agencies includes the following duties: (a) the duty to disclose to a relevant agency information that is likely to be of assistance to that agency in the performance and exercise of that agency's dangerous offender functions and powers; (b) the duty to provide reasonable assistance and support to a relevant agency in connection with the performance and exercise by that agency of that agency's dangerous offender functions and powers; (c) the duty to cooperate in relation to the performance and exercise of the functions and powers of the risk assessment committee under this Part. (4) Cooperation between relevant agencies in the performance and exercise of dangerous offender functions and powers may include, but is not limited to including, any of the following: (a) the development of management plans, for relevant offenders, that involve multiple relevant agencies; (b) providing assistance and support to relevant offenders through joint programs. 32. Exchange of information and cooperative management of dangerous offenders (1) Two or more relevant agencies may enter into an arrangement (a cooperative protocol) with each other to enable – (a) information held by any of the agencies concerned to be shared or exchanged between those agencies; and (b) the cooperative management of relevant offenders. (2) The information to which a cooperative protocol may relate is limited to the following: (a) information concerning relevant offenders; (b) any other information that is prescribed. (3) Under a cooperative protocol, each relevant agency that has entered into the protocol is authorised – (a) to request and receive information held by any other relevant agency that has entered into the protocol; and (b) to disclose information to any of the relevant agencies that have entered into the protocol – without the consent of any person concerned, but only to the extent that the information is reasonably necessary to assist in the performance or exercise of functions or powers under this Act or the functions or powers of the relevant agency to which the information is disclosed. (4) This section does not limit the operation under any Act under which a relevant agency is authorised or required to disclose information to another person or body. 32A. Disclosure of certain confidential information (1) In this section – parole means parole within the meaning of the Corrections Act 1997 ; Parole Board means the Parole Board established by section 62 of the Corrections Act 1997 ; parole order means a parole order as defined in section 3 of the Corrections Act 1997 ; prisoner means prisoner as defined in section 3 of the Corrections Act 1997 . (2) As soon as practicable after the DPP becomes aware that a person is a relevant offender, the DPP is to inform the Parole Board that the person is a relevant offender for the purposes of this Part. (3) If a prisoner makes an application for parole, and the Parole Board has been informed under subsection (2) that the prisoner is a person who is a relevant offender, the Parole Board must disclose to the DPP, as soon as is practicable, the following confidential information in relation to the prisoner: (a) notice that the Parole Board is to consider whether the prisoner should be released on parole; (b) if a parole order is made – (i) a copy of the parole order; and (ii) a copy of the reasons for the parole order that were published by the Parole Board in accordance with section 72(7)(b) of the Corrections Act 1997 ; (c) if the making of a parole order is deferred, or refused, by the Parole Board – (i) a copy of the notice of the Parole Board's decision; and (ii) a copy of the Parole Board's reasons for refusing parole, that were given to the prisoner in accordance with section 72(8) of the Corrections Act 1997 . (4) For the avoidance of doubt, section 8 of the Corrections Act 1997 does not apply in respect of the disclosure of any confidential information authorised under subsection (3) . Division 3 - Application for HRO orders and hearings 33. Applications for HRO orders (1) The DPP may apply to the Supreme Court for an HRO order in relation to a person who is, at the time when the application is made, a relevant offender. (2) An application may only be made under subsection (1) in relation to a relevant offender if – (a) where there is an HRO order in relation to the offender – the application is made not more than 9 months before the order is due to expire; or (b) where the offender is serving a custodial sentence – (i) for a serious offence; or (ii) for an offence against section 41 ; or (iii) for another offence, against a law of this State, another State, a Territory or the Commonwealth, that is being served concurrently with or cumulatively on, or partly concurrently with and partly cumulatively on, one or more sentences of imprisonment referred to in subparagraph (i) or (ii) – the application is made not more than 9 months before the sentence of imprisonment is due to expire; or (c) a declaration under section 7(1) applies in relation to the offender or the offender is in custody in accordance with an order under section 15 . (3) An application under subsection (1) in relation to a relevant offender must be accompanied by – (a) each report in relation to the relevant offender that is provided to the DPP under section 27(4) or section 29(5) ; and (b) documents in relation to any matters that the DPP considers to be relevant to the determination of the Supreme Court as to whether or not to make an HRO order in relation to the offender. (4) An application under subsection (1) in relation to a relevant offender may specify the kinds of conditions, referred to in section 38 , that the DPP considers appropriate for inclusion in an HRO order that may be made in relation to the offender. (5) The DPP must, within 7 days after making an application under subsection (1) in relation to a relevant offender or within a longer period allowed by the Supreme Court, serve on the offender – (a) a copy of the application; and (b) a copy of the documents, referred to in subsection (3) , in relation to the application. 34. Hearing of application (1) The Supreme Court must, within 28 days after receiving an application or within a longer period allowed by the Court, conduct a hearing in relation to the application. (2) After receiving an application in relation to an offender, the Supreme Court may make one or more of the following orders: (a) an order for the Chief Psychiatrist under the Mental Health Act 2013 to provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the likelihood of the offender committing another serious offence unless an HRO order is made in relation to the offender; (b) if a copy of a behavioural report or a management report was provided to the DPP under section 27(4) in respect of the offender, an order for an updated report to be provided to the Court by the date specified in the order; (c) if a behavioural report or a management report was not provided to the DPP under section 27(4) in respect of the offender, either or both of the following reports be provided to the Court by the date specified in the order: (i) a behavioural report within the meaning of section 27(2) ; (ii) a management report, within the meaning of section 27(3) , by the relevant agency specified in the order or, if no agency is so specified, by any relevant agency. (3) If an order is made under subsection (2) , the date specified in the order is to be no later than 14 days before the date set for the hearing of the application. (4) The Supreme Court may order an offender to whom an application relates to submit to examination by a person who is to prepare, in relation to the offender, a report in accordance with an order under subsection (2) . (5) A copy of a report to be provided to the Supreme Court in accordance with an order under subsection (2) is to be provided to the DPP and the offender. (6) The DPP or the offender may adduce evidence at a hearing in relation to an application. (7) If a document or report provided to the Court, or tendered, under this Part is disputed by a party to the application – (a) the disputing party to the application is entitled to cross-examine the author of the report; and (b) if the author of the report is cross-examined, the other party is entitled to examine the author of the report by way of reply. Division 4 - HRO orders and interim HRO orders 35. HRO orders (1) The Supreme Court may determine the hearing of an application in relation to an offender – (a) by making a high risk offender order (an HRO order) in relation to the offender; or (b) by refusing to make a high risk offender order in relation to the offender. (2) The Supreme Court may only make an HRO order in relation to an offender if the Court is satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender. (3) The Supreme Court is not required to determine that it is more likely than not that an offender will commit a serious offence, in order to be satisfied to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence unless an HRO order is made in relation to the offender. 36. Matters to be considered in determining whether to make HRO order (1) The safety of the community must be the paramount consideration of the Supreme Court in determining whether or not to make an HRO order in relation to an offender. (2) In determining whether or not to make an HRO order in relation to an offender, the Supreme Court must have regard to the following matters: (a) the reports, if any, provided to the Court in accordance with an order under section 34(2) ; (b) the report, provided to the Court, of any other assessment prepared by a psychiatrist, psychologist or medical practitioner as to – (i) the likelihood of the offender committing a further serious offence; and (ii) the willingness of the offender to participate in any such assessment; and (iii) the level of the offender's participat