Time, Delay and Nonfeasance Under the dangerous Prisoners (Sexual Offenders) Act 2003 (Queensland)

Publisher:
Legal Service Bulletin Co-Operative ltd.
Publication Type:
Journal Article
Citation:
Alternative Law Journal, 2006, 31 (4), pp. 198 - 202
Issue Date:
2006-01
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This article critically analyses the practical effect of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and argues that delay in producing originating applications under the Act not only undermines procedural fairness but also subverts the purpose of the legislation. The article analyses the cases in which the issue of delay has been raised as a basis for objecting to an application under the Act by the Attorney-General. It then proposes improvements to the practices of Queensland government departments that will help ensure proceedings under the Act reflect the principles of procedural fairness. While the article focuses on Queensland, some of these issues are likely to arise in the preventive detention regimes in New South Wales and Western Australia.
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