Catchwords:

HIGH RISK OFFENDER – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – interim detention order – whether offender must be in lawful custody when interim detention order made – whether offender must be in lawful custody when an interim detention order is renewed

STATUTORY INTERPRETATION – implied limitation on powers of superior court – purposive interpretation not supportive of limitation – effect of earlier precedent inconsistent with implied limitation – subsequent amendments leaving unchanged provisions the subject of earlier judicial determination