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Attorney-General v Hynds (No. 1)[2012] QSC 55

Attorney-General v Hynds (No. 1)[2012] QSC 55

 

SUPREME COURT OF QUEENSLAND

 

PARTIES:

ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(applicant)
v
GREGORY ALAN HYNDS
(respondent)

FILE NO:

DIVISION:

Trial 

PROCEEDING:

DELIVERED ON:

13 February 2012

DELIVERED AT:

Brisbane 

HEARING DATE:

13 February 2012

JUDGE:

Fryberg J

ORDERS:

Kelvin Anderson be included as a respondent in this application.

CATCHWORDS:

Criminal Law – Sentence – Sentencing orders – Orders and declarations relating to serious or violent offenders or dangerous sexual offenders – Dangerous sexual offender – Generally – Joinder

Dangerous Prisoners (Sexual Offenders) Act 2003

Uniform Civil Procedure Rules 1999 r 62, r 69(1)(b)

COUNSEL:

A D Scott for the applicant

S Ryan for the respondent

SOLICITORS:

Crown Law for the applicant

Legal Aid for the respondent

HIS HONOUR:  In the course of the hearing of an application by the Attorney-General for an order that the respondent continue to be the subject of a continuing detention order, or alternatively that he be released from custody subject to a supervision order, the respondent has applied for an order that Kelvin Anderson, the Chief Executive of the Department of Community Safety, be added as a party.  The respondent relies on rule 62 and rule 69(1)(b) of the Uniform Civil Procedure Rules.

In support of the application, Ms Ryan has submitted that Mr Anderson is a proper party to the proceedings and ought to be made a party to the proceedings so as to be bound by any order which may be made.  Her focus in making that submission was on the possibility of the alternative order sought by the applicant being made, that is a supervision order.  Although evidence has not yet been heard, Ms Ryan has informed the Court that the respondent accepts that the evidence is to the effect that he is a serious danger to the community in the absence of a Division 3 order.  He does not wish to be heard on that issue.

It is, therefore, highly likely that the Court will make either a continuing detention order or a supervision order.  If the latter order is made, it will, at least by implication, require that Corrective Services officers do things.  Mr Anderson is the person with the authority to require such officers to act and is interested in any order having such an effect.  It is a fundamental rule of natural justice that before a Court makes an order requiring a person to do anything, or affecting a persons interests, that person be given the opportunity to appear and make representations.

Counsel for the Attorney did not oppose the making of the order insofar as it was sought to have Mr Anderson bound by orders made on the Attorney's application.  He was disposed to address arguments to the Court in relation to any further orders that might be made imposing requirements on Mr Anderson, but since there is at present nothing before the Court to indicate whether such an order might or might not be made, it is premature to consider that question.

Although the Dangerous Prisoners (Sexual Offenders) Act uses the passive voice in describing a supervision order, (that is, an order that the prisoner be released from custody subject to the requirements a court considers appropriate that are stated in the order) rather than the active voice imposing a duty on a specific person, most requirements typically imposed affect both the prisoner and corrective services officers, involving reciprocal duties and obligations.

Counsel for the Attorney General submitted that the act did not impose or authorise the imposition of duties on corrective services officers.  He implied that the source of any duties lay elsewhere.  For present purposes it is unnecessary to analyse the precise source; it is of no consequence if it involves another act.  Other acts have not been referred to and it is unnecessary to go into them.  At this stage, if an order for a supervision order as sought by the Attorney General were made, it would affect Mr Andersons interests.  If, as Ms Ryan hints, there is to be a further application for orders explicitly requiring things to be done by corrective services officers, he has an even greater interest in being here.

In my judgment, the application ought to be allowed, and it should be ordered that Kelvin Anderson be included as a respondent in this application.

Close

Editorial Notes

  • Published Case Name:

    A-G v Hynds No. 1

  • Shortened Case Name:

    Attorney-General v Hynds (No. 1)

  • MNC:

    [2012] QSC 55

  • Court:

    QSC

  • Judge(s):

    Fryberg J

  • Date:

    13 Feb 2012

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QSC 37407 Dec 2007Ordered that Mr Hynds be detained in custody for an indefinite term for control under s 13(5)(a) of the Dangerous Prisoners (Sexual Offenders) Act 2003.: Fryberg J.
Primary Judgment[2009] QSC 35509 Nov 2009Review of the control order made by Fryberg J on 7 December 2007 under s. 27 Dangerous Prisoners (Sexual Offenders) Act 2003. Order continued: P Lyons J.
Primary Judgment[2010] QSC 43624 Nov 2010Mr Hynds was again considered a serious danger to the community in the absence of an order pursuant to Division 3 of the Dangerous Prisoners (Sexual Offenders) Act 2003. Control order continued: Applegarth J.
Primary Judgment[2012] QSC 5513 Feb 2012In the course of the hearing of an application by the Attorney-General for an order that the respondent continue to be the subject of a continuing detention order, or alternatively that he be released from custody subject to a supervision order, the respondent has applied for an order that Kelvin Anderson, the Chief Executive of the Department of Community Safety, be added as a party. It was so ordered: Fryberg J.
Primary Judgment[2012] QSC 5602 Mar 2012In an application for the review of a control order, the Court rejected the tender of a document purporting to be a s 8A Dangerous Prisoners (Sexual Offenders) Act 2003 report by reason of the authors not having demonstrated their authority to do so: Fryberg J.
Primary Judgment[2012] QSC 31819 Oct 2012Order made rescinding the continuing detention order made on 7 December 2007. Ordered that Mr Hynds be released from custody subject to the requirements of a 10-year supervision order: Fryberg J.
Primary Judgment[2017] QSC 31315 Dec 2017Mr Hynds contravened the supervision order made on 19 October 2012. Ordered under s 22 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). Order that Mr Hynds be detained in custody for an indefinite term for care, control or treatment: Brown J.
Primary Judgment[2019] QSC 5925 Feb 2019Ordered that Mr Hynds continue to be subject to the continuing detention order made on 15 December 2017: Jackson J.
Appeal Determined (QCA)[2013] QCA 12424 May 2013Mr Hynds appealed against certain terms of the supervision order made by Fryberg J on 19 October 2012. Appeal allowed. Terms of supervision order varied: Muir JA, Philippides J, A Lyons J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Attorney-General v Hynds [2013] QCA 1242 citations
Attorney-General v Hynds (No 3) [2012] QSC 3182 citations
1

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