South Australian Numbered Acts South Australian Numbered ActsAfter Schedule 1 insert:
Schedule 2—Reconsideration of authorisations to release on licence under section 24
1—Reconsideration of authorisations to release on licence under section 24
(1) This clause applies to a person subject to an order for detention under section 23 who, before the commencement of this clause, has been authorised by the Supreme Court under section 24 to be released on licence.
(2) After the commencement of this clause, the Supreme Court may, on application by the Director of Public Prosecutions—
(a) cancel the release on licence of a person to whom this clause applies; or
(b) confirm the release on licence of a person to whom this clause applies.
(3) For the purposes of proceedings under this clause, the Director of Public Prosecutions may apply to a justice for a warrant for the apprehension and detention of the person pending determination of the proceedings.
(4) A justice must, on application under subclause (3), issue a warrant for the apprehension and detention of a person unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.
(5) The Supreme Court must, before determining an application under this clause, direct that at least 2 legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of the person and report to the Court on whether the person is incapable of controlling, or unwilling to control, his or her sexual instincts.
(6) The paramount consideration of the Supreme Court when determining an application under this clause must be the safety of the community.
(7) The Supreme Court must also take the following matters into consideration when determining an application under this clause:
(a) the reports of the medical practitioners (as directed and nominated under subclause (5)) furnished to the Court;
(b) any relevant evidence or representations that the person the subject of the proceedings may desire to put to the Court;
(c) a report furnished to the Court by the appropriate board in accordance with the direction of the Court for the purposes of assisting the Court to determine the application, including—
(i) any opinion of the appropriate board on the effect that the release on licence of the person has had, or would have, on the safety of the community; and
(ii) —
(A) if the person has been released on licence—a report as to the current circumstances of the person; or
(B) if the person has not yet been released on licence—a report as to the probable circumstances of the person if the person is so released; and
(iii) the recommendation of the appropriate board about whether the person is suitable for release on licence;
(d) evidence tendered to the Court of the estimated costs directly related to the release of the person the subject of the proceedings;
(e) any other report required by the Court under section 25;
(f) any other matter that the Court thinks relevant.
(8) A copy of any report furnished to the Supreme Court under subclause (7) must be given to each party to the proceedings or to counsel for those parties.
(9) For the purposes of this clause—
"appropriate board", in relation to proceedings under this clause, means—
(a) if the person the subject of the proceedings is being detained in a training centre, or has been released on licence from a training centre—the Training Centre Review Board;
(b) in any other case—the Parole Board.