The Shifting Moral Compass: Post-Sentence Detention of Sex Offenders in Australia

Australian Journal of Human Rights, 17 1: 91-116, 2011

Posted: 12 Jun 2015

See all articles by Heather Douglas

Heather Douglas

The University of Queensland - TC Beirne School of Law

Date Written: 2011

Abstract

In April 2010, the United Nations Human Rights Committee (UNHRC) handed down its decision in relation to complaints lodged by Robert Fardon and Kenneth Tillman. Fardon and Tillman complained that their continuing detention in a prison cell pursuant to legislation allowing preventive detention for serious sexual offenders in Queensland and New South Wales was punitive, and thus offended the principle of double jeopardy. In making its decision in favour of the complainants, the UNHRC discussed the nature of punitive detention and focused its attention on access to treatment and the type of accommodation provided to Fardon and Tillman. This article provides an overview of the decision of the UNHRC and then analyses recent Australian preventive detention cases to explore these two issues.

JEL Classification: k00

Suggested Citation

Douglas, Heather, The Shifting Moral Compass: Post-Sentence Detention of Sex Offenders in Australia (2011). Australian Journal of Human Rights, 17 1: 91-116, 2011. Available at SSRN: https://ssrn.com/abstract=2617104

Heather Douglas (Contact Author)

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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