Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of section 62, the Supreme Court must be satisfied that—
(a) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious sex offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community; or
(b) in the case of an offender on whom a court referred to in section 8(1)(a) has imposed a custodial sentence for a serious violence offence, the offender poses, or after release from custody will pose, an unacceptable risk of committing a serious sex offence or a serious violence offence or both if a detention order or a supervision order is not made and the offender is in the community.
(2) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must have regard to—
(a) subject to section 273, any assessment report or progress report filed in relation to the application, whether by the Secretary or the offender; and
(b) any other report filed, tendered or made, or evidence given, in relation to the application; and
(c) any other matter the court considers appropriate.
(3) In determining whether an offender poses or will pose an unacceptable risk under subsection (1), the Supreme Court must not have regard to—
(a) the means of managing the risk; or
(b) the likely impact of a detention order or a supervision order on the offender.
(4) The Supreme Court may determine that an offender poses or will pose an unacceptable risk under subsection (1) even if the likelihood that the offender will commit a serious sex offence or a serious violence offence or both is less than more likely than not.
(5) The DPP has the burden of proving that an offender poses or will pose an unacceptable risk under subsection (1).