Question
Sarah is an Australian citizen. She was charged with robbery and sentenced to two years and six months' imprisonment in New South Wales. She stole
Sarah is an Australian citizen. She was charged with robbery and sentenced to two years and six months' imprisonment in New South Wales. She stole $20 from an unattended cash register. The NSW Government is concerned about the rates of recidivism. In response to a string of high profile criminal acts immediately following a person's release from prison, the NSW Government enacts the fictional High Risk Offenders Act 2023 (NSW) ('the HRO Act'). The HRO Act provides: 4 High Risk Offenders (1) An offender is a high risk offender if the New South Wales Supreme Court finds that it is satisfied that it is necessary to make a restriction order in relation to the offender to ensure adequate protection of the community against any risk that the offender will commit any offence in the future. (2) The State has the onus of satisfying the New South Wales Supreme Court as required by subsection (1). 5 Restriction orders (1) If the New South Wales Supreme Court finds that the offender is a high risk offender, the New South Wales Supreme Court must make a continuing detention order in relation to the offender. (2) In deciding whether to make an order under subsection (1), the paramount consideration is to be the need to ensure protection of the community from all crime.Sarah is due to be released in July 2024. In June 2024, the NSW government applied for a 'restriction order' against her under the HRO Act. The New South Wales Supreme Court makes a continuing detention order in relation to Sarah for one year. Sarah comes to you for advice on the following: Does the HRO Act comply with Chapter III of the Commonwealth Constitution?
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