South Australian Numbered Acts South Australian Numbered Acts(1) The Attorney-General may make an application to the Supreme Court for an extended supervision order to be made in respect of a person who is a high risk offender (the "respondent").
(2) An application for an extended supervision order may only be made within 12 months of the relevant expiry date for the respondent.
(3) The Supreme Court must, before determining whether to make an extended supervision order, direct that 1 or more legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) examine the respondent and report to the Court on the results of the examination, including—
(a) if the respondent is a serious sexual offender—an assessment of the likelihood of the respondent committing a further serious sexual offence; or
(b) if the respondent is a serious violent offender—an assessment of the likelihood of the respondent committing a further serious offence of violence.
(4) The Supreme Court may, on application under this section, order that the respondent is to be subject to an extended supervision order if satisfied that—
(a) the respondent is a high risk offender; and
(b) the respondent poses an appreciable risk to the safety of the community if not supervised under the order.
(5) The paramount consideration of the Supreme Court in determining whether to make an extended supervision order must be the safety of the community.
(6) The Supreme Court must also take the following matters into consideration in determining whether to make an extended supervision order in respect of the respondent:
(a) the likelihood of the respondent committing a further serious sexual offence or serious offence of violence (as the case may be) if not supervised under the order;
(b) the reports of any medical practitioner (as directed and nominated under subsection (3)
) furnished to the Court;
(c) any report prepared by the Parole Board under section 64(5) of the Correctional Services Act 1982
;
(d) any report required by the Court under section 20
(including the results of any statistical or other assessment furnished to the Court as to the likelihood of persons with histories and characteristics similar to those of the respondent committing a further relevant offence);
(e) any relevant evidence or representations that the respondent may desire to put to the Court;
(f) any treatment or rehabilitation program in which the respondent has had an opportunity to participate, including his or her willingness to so participate and the extent of such participation;
(g) in the case of a respondent released on parole—the extent to which he or she has complied with the conditions of his or her release on parole;
(h) in the case of a respondent subject to an existing extended supervision order—the extent to which he or she has complied with the terms of the order;
(i) in the case of a respondent who is a registrable offender (within the meaning of the Child Sex Offenders Registration Act 2006
)—the extent to which he or she has complied with any obligations under that Act;
(j) the circumstances and seriousness of any offence in respect of which the respondent has been found guilty according to his or her criminal history, and any pattern of offending behaviour disclosed by that history;
(k) any remarks made by the sentencing court in passing sentence;
(l) any other matter that the Court thinks relevant.