GrewcockMichael, ‘Reinventing “the stain” – bad character and criminal deportation in contemporary Australia’, in PickeringSharonHamJulie (eds), Routledge Handbook on Crime and International Migration (Routledge, 2014).
2.
International Covenant on Civil and Political Rights, opened for signature 16 December 1966, [1980] ATS (entered into force 23 March 1976) Arts 12(4), 17 and 23.
3.
Human Rights Committee, Views: Communication No 1557/2007, 102nd sess, UN Doc CCPR/C/102/D/1557/2007 (1 September 2011) (‘Nystrom v Australia’).
4.
Human Rights Committee, Views: Communication No 1011/2001, 81st sess, UN Doc CCPR/C/81/D/1011/2001 (26 August 2004) (‘Madafferi v Australia’).
5.
Eden v Minister for Immigration and Border Protection [2015] FCA 780.
6.
Ibid; Stretton v Minister for Immigration and Border Protection (No 2) [2015] FCA 559. Appeal allowed [2015] FCA 559. While the appeal in Stretton traversed the topic of risk assessment (at [17]-[22]) it did not address the issues raised in this article.
7.
LipsonDavid, ‘Leaked Government document outlines tougher migration program, increased monitoring of refugees’, ABC News, 4 February 2016.
8.
CookeDavidMichieChristine, ‘The generalizability of the Risk Matrix 2000: On model shrinkage and the misinterpretation of the Area Under the Curve’ (2014) 1(1) Journal of Threat Assessment and Risk Management, 42–55.
9.
CoyleIan, ‘The cogency of risk assessments’ (2011) 18(2) Psychiatry, Psychology and Law270; CoyleIanHalonRobert, ‘Humpty Dumpty and Risk Assessment: A Reply to Slobogin’ in KeyzerPatrick (ed), Preventive Detention: Asking the Fundamental Questions (Intersentia, 2013), 193; CoyleIan, ‘Alice in recidivism land: The queen's logic and child protection workers' assessment of sexual dangerousness’ (2016) 34(1) American Journal of Forensic Psychology6–36.
10.
Coyle, ‘The cogency of risk assessments’, above n 9; Garb1998; Meehl, 1954 cited in Coyle n 9.
11.
CookeDavidMichieChristine. ‘Limitations of diagnostic precision and predictive utility in the individual case: A challenge for forensic practice’, (2010) 33Law and Human Behavior541–556. DonaldsonTheodore SAbbottBrian, ‘Prediction in the individual case: An explanation and application of its use with the Static-99R in sexually violent predator risk assessments’ (2010) 29(1) American Journal of Forensic Psychology5–35.
12.
CoyleBothHalon, and also Coyle, provide a fuller explanation of scientific and legal standards of proof in the context of ARAIs and other methods of risk assessment. CoyleHalon, above n 9; Coyle, ‘The cogency of risk assessments’, above n 10; Coyle, ‘Alice in recidivism land’, above n 9.
13.
CoidJeremey W, ‘Improving Accuracy of Risk Prediction for Violence: Does Changing the Outcome Matter?’ (2015) 14(1) International Journal of Forensic Mental Health23–32.
14.
CookeMichie, above n 8.
15.
Ibid.
16.
Coyle, ‘Alice in recidivism land’, above n 9.
17.
Ibid; CookeMichie, above n 11, 541–56.
18.
See generally Green v The Queen (1971) 126 CLR 28 [at 31–33]; R v Cavkic, Ahtanasi & Clarke [2005] VSCA 182 (2 August 2005).
19.
(1966) 383 US 107.
20.
United States Constitution amend IV &sC; 1: ‘No state shall … deny to any persons within its jurisdiction the equal protection of the laws.’
21.
(Footnote in original) MadenTony, Treating Violence (Oxford University Press, 2007) 28: ‘New York State realized that 966 other detained patients in their hospitals for the criminally insane could petition … on the same grounds and could expect to win. They gave in gracefully and ordered that all 967 patients should be transferred to civil mental hospitals within the space of a few months.’ There was another case, Dixon v A-G (Pennsylvania) (1971) 325 F Supp 966, which had a similar impact in that state.
22.
(Footnote in original) See LitwackThomas R, ‘Violence Risk Assessment: Research, Legal and Clinical Considerations’ in WeinerIrvingHessAllen (eds), The Handbook of Forensic Psychology (Wiley and Sons, 3rd ed, 2006) 491: In relation to the Baxstrom and Dixon patients, ‘Follow-up studies determined that only a small percentage had to be returned to secure facilities, and that only a small minority of patients ultimately released to the community were rearrested for violent offenses.’ Therefore, ‘determinations of dangerousness for the purpose of preventive detention warrant careful judicial scrutiny’.
23.
KeyzerPatrickCoyleIan, ‘Reintegrating sex offenders into the community: Queensland's proposed reforms’ (2009) 34(1) Alternative Law Journal27; Coyle, ‘The cogency of risk assessments’, above n 9; CoyleHalon, above n 9; Coyle, ‘Alice in recidivism land’, above n 9.
24.
KeyzerPatrickBlaySam, ‘Double Punishment? Preventive Detention Schemes under Australian Legislation and Their Consistency with International Law: The Fardon Communication’ (2006) 7(2) Melbourne Journal of International Law407.
