BMV v Secretary to the Department of Justice (Court of Appeal) – Dec 2009

This case was an appeal against an extended supervision order made under the Serious Sex Offenders Monitoring Act 2005.

The Commission submitted that the interpretation obligation in section 32 of the Charter required the discretions conferred by the Serious Sex Offenders Monitoring Act 2005 to be read as not authorising any order, condition or direction that was not a reasonable limit and that was not demonstrably justifiable in a free and democratic society having regard to section 7(2) of the Charter and the specific circumstances of the relevant offender.

The appeal was withdrawn before the case was heard.