the legal representative of the prisoner;

if the prisoner does not have a legal representative—the chief executive officer (however described) of the prison, or a delegate of the chief executive officer.

that the document has been given to the prisoner; and

of the day that document was so given.

a decision on an application for a continuing detention order or an interim detention order; or

a decision in a review of a continuing detention order to affirm, revoke or vary the order; or

a decision made under section 105A.15A (when a terrorist offender is unable to engage a legal representative).

a person who is:

registered as a medical practitioner under a law of a State or Territory; and

a fellow of the Royal Australian and New Zealand College of Psychiatrists;

any other person registered as a medical practitioner under a law of a State or Territory;

a person registered as a psychologist under a law of a State or Territory;

any other expert.

the person has been convicted of:

an offence against Subdivision A of Division 72 (international terrorist activities using explosive or lethal devices); or

a serious Part 5.3 offence; or

an offence against Part 5.5 (foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (publishing recruitment advertisements); or

(v) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978, except an offence against paragraph 9(1)(b) or (c) of that Act (publishing recruitment advertisements); and

either:

the person is detained in custody and serving a sentence of imprisonment for the offence; or

a continuing detention order or interim detention order is in force in relation to the person; and

if subparagraph (b)(i) applies—the person will be at least 18 years old when the sentence ends.

the management, security or good order of the prison; and

the safe custody or welfare of the offender or any prisoners; and

the safety and protection of the community.

it is reasonably necessary for the purposes of rehabilitation, treatment, work, education, general socialisation or other group activities; or

it is necessary for the security or good order of the prison or the safe custody or welfare of the offender or prisoners; or

it is necessary for the safety and protection of the community; or

the offender elects to be so accommodated or detained.

a sentence of imprisonment referred to in subparagraph 105A.3(1)(b)(i) that the offender is serving, at the end of which the offender would be required to be released into the community; or

if a continuing detention order is in force in relation to the offender—the period for which the order is in force.

include any report or other document that the applicant intends, at the time of the application, to rely on in relation to the application; and

include:

a copy of any material in the possession of the applicant; and

a statement of any facts that the applicant is aware of;

include information about the offender’s age; and

request that the order be in force for a specified period.

(a) give a certificate under Subdivision C of National Security Information (Criminal and Civil Proceedings) Act 2004;Division 2 of Part 3A of the

seek an arrangement under section 38B of that Act;

seek an order of the Court preventing or limiting disclosure of the information.

if the Attorney-General later decides not to take any of the actions referred to in any of paragraphs (5)(a) to (d), or after the Attorney-General takes such action the Court makes an order—within 2 business days of the Attorney-General’s decision or the order (as the case requires); and

in any case—within a reasonable period before the preliminary hearing referred to in section 105A.6.

conduct an assessment of the risk of the offender committing a serious Part 5.3 offence if the offender is released into the community; and

provide a report of the expert’s assessment to the Court, the Attorney-General and the offender.

the answer to a question or information given at the assessment;

answering a question or giving information at the assessment.

the expert’s assessment of the risk of the offender committing a serious Part 5.3 offence if the offender is released into the community;

reasons for that assessment;

the pattern or progression to date of behaviour on the part of the offender in relation to serious Part 5.3 offences, and an indication of the nature of any likely future behaviour on his or her part in relation to serious Part 5.3 offences;

efforts made to date by the offender to address the causes of his or her behaviour in relation to serious Part 5.3 offences, including whether he or she has actively participated in any rehabilitation or treatment programs;

(e) if the offender has participated in any rehabilitation or treatment programs—whether or not this participation has had a positive effect on him or her;

any relevant background of the offender, including developmental and social factors;

factors that might increase or decrease any risks that have been identified of the offender committing a serious Part 5.3 offence if the offender is released into the community;

any other matters the expert considers relevant.

an application is made in accordance with section 105A.5 for a continuing detention order in relation to a terrorist offender; and

after having regard to matters in accordance with section 105A.8, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence if the offender is released into the community; and

the Court is satisfied that there is no other less restrictive measure that would be effective in preventing the unacceptable risk.

the safety and protection of the community;

any report received from a relevant expert under section 105A.6 in relation to the offender, and the level of the offender’s participation in the assessment by the expert;

the results of any other assessment conducted by a relevant expert of the risk of the offender committing a serious Part 5.3 offence, and the level of the offender’s participation in any such assessment;

any report, relating to the extent to which the offender can reasonably and practicably be managed in the community, that has been prepared by:

the relevant State or Territory corrective services; or

any other person or body who is competent to assess that extent;

any treatment or rehabilitation programs in which the offender has had an opportunity to participate, and the level of the offender’s participation in any such programs;

the level of the offender’s compliance with any obligations to which he or she is or has been subject while:

on release on parole for any offence referred to in paragraph 105A.3(1)(a); or

subject to a continuing detention order or interim detention order;

the offender’s history of any prior convictions for, and findings of guilt made in relation to, any offence referred to in paragraph 105A.3(1)(a);

the views of the sentencing court at the time any sentence for any offence referred to in paragraph 105A.3(1)(a) was imposed on the offender;

any other information as to the risk of the offender committing a serious Part 5.3 offence.

the Court is satisfied that either of the following periods will end before the application for the continuing detention order has been determined:

the sentence of imprisonment referred to in subparagraph 105A.3(1)(b)(i) that the offender is serving;

the period for which a continuing detention order or an interim detention order is in force in relation to the offender; and

the Court is satisfied that there are reasonable grounds for considering that a continuing detention order will be made in relation to the offender.

the order began to be in force; or

if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory—the most recent review ended.

there are new facts or circumstances which would justify reviewing the order; or

it would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order.

the Attorney-General; and

the offender.

after having regard to the matters referred to in section 105A.8, the Court is satisfied to a high degree of probability, on the basis of admissible evidence, that the offender poses an unacceptable risk of committing a serious Part 5.3 offence if the offender is released into the community; and

the Court is satisfied that there is no other less restrictive measure that would be effective in preventing the unacceptable risk.

a copy of any material in the possession of the Attorney-General or legal representative; and

a statement of any facts that the Attorney-General or legal representative is aware of;

the Court affirms the order under subsection (4); but

the Court is not satisfied that the period currently specified is reasonably necessary to prevent the unacceptable risk.

the level of the offender’s compliance with any obligations to which he or she is or has been subject while on release on parole for any offence; and

the offender’s history of any prior convictions for, and findings of guilt made in relation to, any offence.

the legal representative of the offender;

if the offender does not have a legal representative—the chief executive officer (however described) of the prison, or a delegate of the chief executive officer.

that the document has been given to the offender; and

of the day that document was so given.

a continuing detention order proceeding relating to a terrorist offender is before a Supreme Court of a State or Territory; and

the offender, due to circumstances beyond the offender’s control, is unable to engage a legal representative in relation to the proceeding.

an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;

an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender’s legal representation for the proceeding.

whether circumstances are beyond the offender’s control;

reasonable costs and expenses of the offender’s legal representation for the proceeding.

state the reasons for its decision; and

cause those reasons to be entered in the records of the Court; and

cause a copy of any order it made to be provided to each party to the proceeding.

the Supreme Court of the State or Territory makes a continuing detention order decision; and

the court of appeal has jurisdiction to hear appeals from the Supreme Court in relation to civil matters.

subject to this subsection, has all the powers, functions and duties that the Supreme Court has in relation to the relevant continuing detention order proceedings; and

may draw inferences of fact which are not inconsistent with the findings of the Supreme Court; and

may receive further evidence as to questions of fact (orally in court, by affidavit or in any other way) if the court of appeal is satisfied that there are special grounds for doing so.

as of right, within 28 days after the day on which the decision was made; or

by leave, within such further time as the court of appeal allows.

the proceeding is any of the following:

a proceeding on an application for a continuing detention order in relation to a terrorist offender;

an appeal against a decision to dismiss such an application;

an appeal against a decision to revoke a continuing detention order in relation to a terrorist offender;

an appeal against a decision (including in a review of such an order) to specify a particular period for which such an order will be in force;

an appeal against a decision under section 105A.15A to stay a continuing detention order proceeding in relation to a terrorist offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and

before the application or appeal is determined (whether before or after the appeal is made), the offender is released from custody because:

the sentence of imprisonment referred to in subparagraph 105A.3(1)(b)(i) that the offender was serving ends; or

the period for which a continuing detention order or an interim detention order is in force in relation to the offender ends; or

a continuing detention order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.

the offender is taken to remain a terrorist offender despite being released from custody; and

a reference in this Division to the offender being released into the community includes a reference to the offender remaining in the community.

any police officer may take the offender into custody; and

any police officer may detain the offender;

taking the offender into custody; or

detaining the offender;

if the police officer is an AFP member—an offence against a law of the Commonwealth; or

if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.

the information was acquired by any of the following in the exercise of a power under, or the performance of a function or duty in connection with, this Division:

the Attorney-General;

a legal representative of the Attorney-General;

the Secretary of the Department;

an APS employee in the Department; and

the Attorney-General reasonably believes that the disclosure is necessary to enable the person to exercise the person’s powers, or to perform the person’s functions or duties; and

if the regulations provide that information may be disclosed to the person only if specified circumstances are met—those circumstances are met.

the Secretary of the Department;

any APS employee in the Department who performs duties in connection with the administration or execution of this Division.

applications for continuing detention orders made during the year;

applications for interim detention orders made during the year;

continuing detention orders made during the year;

interim detention orders made during the year;

applications for review of continuing detention orders made by terrorist offenders during the year;

continuing detention orders affirmed during the year;

continuing detention orders varied during the year;

continuing detention orders revoked during the year.

affect the validity of the sentence for the offence; or

prevent an application from being made under this Division in relation to the person.

any person who, on the day this section commences, is detained in custody and serving a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) of this Code; and

any person who, on or after that day, begins a sentence of imprisonment for such an offence (whether the conviction for the offence occurred before, on or after that day).