Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the court is
satisfied, on the balance of probabilities, that the person who is subject to
the supervision order is likely to contravene, is contravening, or has
contravened, a condition of the supervision order, the court may —
(a) make
an order amending the conditions of the supervision order and, if the court
considers it appropriate in order to achieve compliance with the supervision
order or necessary in order to ensure adequate protection of the community,
make any other order; or
(b) if
the court is also satisfied that there is an unacceptable risk that, if an
order under this paragraph were not made, the person would commit a serious
sexual offence, order that the person be detained in custody for an indefinite
term for control, care, or treatment.
(2) In deciding
whether to make an order under subsection (1)(a) or (b), the paramount
consideration is to be the need to ensure adequate protection of the
community.
[Section 23 amended by No. 3 of 2011 s. 10.]