Background
Algana Tiers had been subject to supervision and detention orders following his 2002 conviction for extremely serious sexual offending committed when he was 15. His supervision history included repeated breaches concerning curfews, accommodation, alcohol and illicit-drug use. His most recent supervision order, made in 2020 and later amended, was due to expire in June 2026.
Before expiry, the Attorney-General applied under Division 4A of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) for a further supervision order. At the preliminary hearing, the primary judge found reasonable grounds to believe Tiers would be a serious danger to the community without an order, made an interim supervision order, and ordered further psychiatric examinations.
The Court’s Holding
The Court of Appeal allowed Tiers’ appeal, set aside the orders below, and dismissed the application for a further supervision order. The Court held that the psychiatric evidence did not provide a proper basis to find reasonable grounds that Tiers posed the required risk of committing serious sexual offences without supervision.
Dr Harden’s evidence was that Tiers’ risk of sexual reoffending was low and was not reduced by a supervision order. His qualification that risk assessment carried greater uncertainty because there had been only one sexual offence, committed long ago, did not justify rejecting that clear opinion. The primary judge also erred in treating Tiers as currently diagnosed with substance-abuse disorders when the expert report said he had previously met the relevant criteria. The Court noted that Tiers’ later breaches involving alcohol and drugs had not involved sexual offending.
Key Takeaways
- A further supervision order requires reasonable grounds to believe the person is a serious danger to the community without the order.
- Expert evidence that supervision does not reduce an already low sexual-reoffending risk cannot be displaced merely by a general qualification about uncertainty in risk assessment.
- Past substance-abuse diagnoses cannot be treated as current diagnoses without evidentiary support.
Why It Matters
The decision confirms that the preliminary statutory threshold must be met before a person can be subjected to further compulsory psychiatric examination and ongoing supervision. The Attorney-General cannot rely on historical offending and non-sexual breaches of supervision conditions to overcome expert evidence that does not support the required current sexual-risk assessment.