In the case Van De Wetering v Attorney-General (Qld) [2024] QCA 222, the Queensland Court of Appeal dealt with an appeal concerning the appellant, Peter John Van De Wetering, who was subject to a continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). Initially, the Supreme Court had refused to release Mr. Van De Wetering on a supervision order, concluding that a continuing detention order was necessary. The decision was challenged on the grounds that the primary judge erred by failing to adequately consider whether a supervision order could protect the community. The appellate court allowed the appeal, determining that the primary judge did not sufficiently consider the potential of a supervision order in reducing the risk of reoffending. Consequently, the orders of the Supreme Court were set aside, and the matter was remitted for rehearing. The court further ordered Mr. Van De Wetering's release on an interim supervision order with strict conditions pending the rehearing of the application.
Full text: https://www.sclqld.org.au/caselaw/150489