(1) In this Act, an eligible offender is a convicted NSW terrorism activity offender if the offender is serving (or is continuing to be supervised or detained under this Act after serving) a sentence of imprisonment for a NSW indictable offence (theoffender’s offence ) and any of the following apply in respect of the offender—
(a) the offender has at any time been subject to a control order, (b) the offender has at any time been a member of a terrorist organisation, (c) the offender—
(i) is making or has previously made any statement (or is carrying out or has previously carried out any activity) advocating support for any terrorist act or violent extremism, or (ii) has or previously had any personal or business association or other affiliation with any person, group of persons or organisation that is or was advocating support for any terrorist act or violent extremism.
(1) This Act does not limit the circumstances in which an order can be made in respect of an eligible offender under the . Crimes (High Risk Offenders) Act 2006
(1) An application for an extended supervision order may be made only in respect of an eligible offender who is in custody or under supervision—
(a) while serving a sentence of imprisonment for a NSW indictable offence, or (b) under an existing interim supervision order, extended supervision order, interim detention order or continuing detention order.
(1) An application for an extended supervision order must be served on the eligible offender concerned within 2 business days after the application is filed in the Supreme Court or within such further time as the Supreme Court may allow. (2) The State must disclose to the eligible offender such documents, reports and other information as are relevant to the proceedings on the application (whether or not intended to be tendered in evidence)—
(a) in the case of anything that is available when the application is made, as soon as practicable after the application is made, and (b) in the case of anything that subsequently becomes available, as soon as practicable after it becomes available. Note— Section 51 (10) provides that the State must not disclose a victim statement to the eligible offender unless the person who made the statement consents to the disclosure. (2A) It is sufficient compliance with subsection (2) (a) if the eligible offender is—
(a) provided with an index of the documents, reports and other information, and (b) given access to a document, report or other information included in the index (or a part of a document, report or other information) as is relevant to the proceedings if the offender (or the offender’s legal representative) requests access.
(1) The Supreme Court may determine an application for an extended supervision order—
(a) by making an extended supervision order, or (b) by dismissing the application.
(1) An application for a continuing detention order must be served on the eligible offender concerned within 2 business days after the application is filed in the Supreme Court or within such further time as the Supreme Court may allow. (2) The State must disclose to the eligible offender such documents, reports and other information as are relevant to the proceedings on the application (whether or not intended to be tendered in evidence)—
(a) in the case of anything that is available when the application is made, as soon as practicable after the application is made, and (b) in the case of anything that subsequently becomes available, as soon as practicable after it becomes available. Note— Section 51 (10) provides that the State must not disclose a victim statement to the eligible offender unless the person who made the statement consents to the disclosure. (2A) It is sufficient compliance with subsection (2) (a) if the eligible offender is—
(a) provided with an index of the documents, reports and other information, and (b) given access to a document, report or other information included in the index (or a part of a document, report or other information) as is relevant to the proceedings if the offender (or the offender’s legal representative) requests access.
(1) The Supreme Court may determine an application under this Part for a continuing detention order—
(a) by making an extended supervision order, or (b) by making a continuing detention order, or (c) by dismissing the application.
(1) An application for an emergency detention order must be supported by an affidavit of a relevant officer that addresses each of the following matters—
(a) the altered circumstances that give rise to the application, (b) the reasons why because of the altered circumstances the extended supervision order or interim supervision order to which the eligible offender is currently subject will not prevent the offender from posing an unacceptable and imminent risk of committing a serious terrorism offence, (c) the reasons why there are no other practicable and available means of ensuring that the eligible offender does not pose an imminent risk of committing a serious terrorism offence (other than detention).
(1) As soon as practicable after an application for an order under Part 2 or 3 is made in respect of an eligible offender who is a convicted NSW terrorist offender or convicted NSW underlying terrorism offender, the person acting on behalf of the State for the purposes of the application must take such steps as are reasonable (or, if the application concerned is for an emergency detention order, as are practicable in the circumstances) to ensure that written notice of the application is given to—
(a) each victim of the offender, or (b) if any such victim is under 18 years of age or lacks legal capacity—that victim’s parent or guardian. (2) The notice must inform the person that the person may make a statement orally before the Supreme Court, or provide a statement in writing, about—
(a) the person’s views about the order and any conditions to which the order may be subject, and (b) any other matters prescribed by the regulations. (3) It is sufficient for the notice to be sent to the person at the person’s last known address as recorded in the Victims Register. (4) A statement in writing must be provided before the date specified in the notice. (5) Any statement in writing received before the final hearing date in respect of the application may be placed before the Supreme Court for consideration in respect of the application.
(1) An appeal to the Court of Appeal lies from any determination of the Supreme Court to make, or to refuse to make, any of the following—
(a) a declaration under section 12, (b) an order under Part 2 or 3. (2) The appeal is to be by way of a rehearing under section 75A of the . Supreme Court Act 1970 (3) The appeal must be made within the period of 28 days after the determination was made unless the Court of Appeal grants leave for it to be made after that time.
(1) The Supreme Court must appoint a qualified person to be an independent third party representative for an eligible offender for the purposes of a terrorism intelligence application or the substantive proceedings (or both) if—
(a) the eligible offender does not have any legal representatives in the substantive proceedings, or (b) the applicant in the terrorism intelligence application requests that the Court take the steps referred to in section 59C (2) (b), (c) or (d) to maintain the confidentiality of information.
(1) The Supreme Court must take steps—
(a) to maintain the confidentiality of information to which a terrorism intelligence application relates (including steps to receive evidence and hear argument about the information) until the application is determined, and (b) if the terrorism intelligence application is granted—to maintain the confidentiality of the terrorism intelligence in the substantive proceedings (including steps to receive evidence and hear argument about the intelligence in private).
(1) The Supreme Court must give an affected person or body an opportunity to withdraw the information to which a terrorism intelligence application relates from consideration by the Court if—
(a) the Court is not satisfied that the information is terrorism intelligence, or (b) the Court decides not to grant the level of access requested under section 59A (1) (b) in relation to the information.
(1) This section applies in respect of a document or report provided to the Attorney General under this Part if the State, or a prescribed terrorism intelligence authority that provided it, makes a claim in proceedings before the Supreme Court under this Act that the document or report is subject to public interest immunity.
(1) The State may disclose an expert report concerning an eligible offender—
(a) to a corrective services officer or any other person responsible for the supervision (whether in custody or in the community), treatment or risk assessment of the offender for use solely in providing rehabilitation, care or treatment of the offender, and (b) to any person in connection with the exercise of the person’s functions under this Act.