Constitutional law (Cth) – Judicial power of Commonwealth - Vesting of federal jurisdiction in State courts - Act empowering State court to order continuing detention of persons convicted of serious sexual offences after expiry of their sentence where there is an "unacceptable risk" of the prisoner committing a serious sexual offence in the future - Whether criterion for order of continuing detention devoid of content - Whether order for continuing detention to protect the community an exercise of judicial power - Whether powers conferred by Act on State court incompatible with State court being a suitable repository of judicial power of the Commonwealth - Whether powers conferred by Act on State court compromise the institutional integrity of State court.
Constitutional law (Q) – Powers of State Parliament - Separation of powers - Act empowering State court to order continuing detention of persons convicted of serious sexual offences after expiry of their sentence where there is an "unacceptable risk" of the prisoner committing a serious sexual offence in the future - Whether a law - Whether incompatible with State court being suitable repository of federal judicial power - Whether public confidence in integrity or impartiality of judiciary compromised.
Words and phrases – "unacceptable risk".
Constitution – Ch III.
Dangerous Prisoners (Sexual Offenders) Act 2003 (Q) – s 8, Pt 2, Div 3.
Judgment date
Case number
B104/2003
B105/2003
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords