Public Safety (Public Protection Orders) Act

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The Public Safety (Public Protection Orders) Act 2014 empowers the High Court to issue a public protection order to detain a person in a secure civil (not prison) facility when, at the end of a finite prison sentence or subject to the most intensive form of an extended supervision order, they pose a very high risk of imminent and serious sexual or violent reoffending.

The Act details the application, assessment and review process for public protection orders as well as the status and rights of residents and their management.

Principles of the Act

The Act sets out principles that guide the application of public protection orders and the management of people detained under the orders:

  • public protection orders aren’t imposed to punish people, and previous offences are only one of the elements included in the assessment of whether there is a very high risk of imminent serious sexual or violent offending;
  • a public protection order should only be imposed if the magnitude of the risk posed by the person justifies the imposition of the order;
  • a public protection order shouldn’t be imposed on a person who is eligible to be detained under the Mental Health Act or the Intellectual Disability Act;
  • people detained in a residence under a public protection order should have as much autonomy and quality of life as possible while ensuring the orderly functioning and safety within the residence.