What is an Extended Supervision Order in NSW?

Poppy Morandin and Jimmy Singh.

Convicted murderer, Regina Kaye Arthurell, has been arrested following allegations of sexual touching. 

Detectives charged 75-year-old Arthurell with four counts of sexually touch another person without consent, after a 55-year-old man attended Campbelltown Police Station and reported several incidents. 

It is understood that that the pair are known to each other. 

The offences are alleged to have occurred in a crisis accommodation centre in Sydney’s south-west earlier this month.

Following this report, the matter was referred to the Child Abuse and Sex Crimes Squad’s Extended Supervision Order Investigation Team (ESOIT). 

Arthurell was subsequently arrested at a recovery residence in Campbelltown and taken to Campbelltown Police Station, following their investigation. 

She was refused bail to appear before Campbelltown Local Court. 

Arthurell has been convicted of two manslaughters and one murder, over a period of 24 years, and has spent around 37 years in prison. 

In 1974, when Arthurell was 28-years-old, she fatally stabbed her stepfather Thomas Thornton, 49, with a carving knife in NSW. 

She went on the run shortly after the incident. 

In 1981, Arthurell robbed and killed 19-year-old naval officer Ross Browning, in the Northern Territory. 

She was later arrested and convicted of both manslaughters and spent six years in a Territory jail before being extradited to NSW where she was jailed for Thornton’s death. 

Only a few years after being released, in 1995, she murdered her former partner, Venet Mulhall, leading to a 24-year imprisonment sentence. 

Mulhall was bludgeoned to death with a piece of wood at her Coonabarabran home in central NSW.

Arthurell infamously took a photo of herself wearing one of the Mulhall’s dresses after the murder. 

All offences were committed under her birth name ‘Reginald Kenneth’ before she came out as transgender in custody and changed her name to ‘Regina Kaye’.

She was most recently released from custody in May 2021 and is currently subject to a two-year extended supervision order (‘ESO’). 

What is an Extended Supervision Order?

An extended supervision order (ESO) imposes an extended period of supervision with conditions of high risk sex offenders and high risk violence offenders under the Crimes (High Risk Offenders) Act 2006 (NSW). The purpose of this is to ensure for the safety and protection of the community, and to encourage high risk sex or high risk violent offenders to undertake rehabilitation. 

The ESO has more than 40 conditions, including wearing an electronic monitoring bracelet, attending drug and alcohol rehabilitation, and notifying her supervisor of any significant change in her appearance, including the acquisition of any new wig, and to be photographed after any such change.

In NSW, an application can be made for an extended supervision order for certain offenders following the conclusion of a term of imprisonment. 

The Crimes (High Risk Offenders) Act 2006 (NSW) enables the state to apply to the court for an order to be imposed, if a person is nearing the end of their sentence and was sentenced for a serious sex offence or a serious violence offence. 

“Serious sex offences” include sexual offences against adults and children punishable by imprisonment for 7 years or more, and those committed in circumstances of aggravation. 

A “serious violence offence” is a serious indictable offence (punishable by imprisonment for a term of 5 years or more) which involves conduct that caused the death of another person or grievous bodily harm to another person. 

Furthermore, it must have been done so with the intention of causing the conduct outlined, or while being reckless as to causing it. 

Attempting or conspiring to commit such conduct, can also be classified as a serious violence offence.

When can an extended supervision order application be made? An application may not be made until the last 6 months of the offender’s current custody or supervision.

An Order must only be made if the offender poses an unacceptable risk of committing a serious sex or violence offence if they are not kept under supervision. The Supreme Court will only make this order if satisfied to a high degree of probability that the offender poses the requisite unacceptable risk, according to section 5B. The court is not required to determine that the risk of offending a serious offence is more likely than not. 

What factors are considered when an extended supervision order is being determined? In determining whether or not to make an extended supervision order, the Supreme Court must have regard to factors including: the safety of the community as the paramount consideration, reports/assessments of the offender, any treatment or rehabilitation programs the offender has engaged in, their level of compliance with obligations, their criminal history, and the views of the sentencing court. The court is NOT to have regard to whether or not the offender intends to go interstate or overseas.

An extended supervision order cannot exceed 5 years from the day on which it commences.

What conditions can be imposed under an extended supervision order? Pursuant to section 11, conditions that may be imposed on a supervision order include: 

• to permit any corrective services officer to visit/enter the offender at their residential address at any time, 
• to permit any corrective services officer to access any computer or related equipment that is at the offender’s residential address or in the possession of the offender, 
• to make periodic reports to a corrective services officer, 
• to notify a corrective services officer of any change in their address, 
• to participate in treatment and rehabilitation programs, 
• to wear electronic monitoring equipment, 
• to reside at an address approved by the Commissioner of Corrective Services, 
• not to reside in or resort to specified locations or classes of locations, 
• not to associate or make contact with specified persons or classes of persons, 
• not to engage in specified conduct or classes of conduct, 
• not to engage in specified employment or classes of employment, or
• not to change their name.

What are the penalties for breaching an extended supervision order? Failing to comply with the requirements of an extended supervision order or interim supervision order carries a maximum penalty of a $11,000 fine and/or 2 years imprisonment. 

Can an extended supervision order be appealed? When an order is made, a party can appeal against the decision to the Supreme Court of the Court of Criminal Appeal within 28 days after the date the order was made. If you are out of time, then you must seek the courts leave to appeal. Once an appeal is made, the existing order does not stop, and will continue in force until the appeal is determined.

An appeal can be filed either by the person who is subject to extended supervision order, or by the State. An offender who appeals an extended supervision order will not be ordered to pay legal costs by the court, given the nature of these proceedings are civil, not criminal. Can you get an extended supervision order revoked? An application can be made to the Supreme Court to have an order varied or revoked.

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