There are provisions in the Sentencing Act 2017 (SA) which relate to sexual predators who have been found guilty of certain offences and are deemed to be incapable of controlling, or unwilling to control, their sexual instincts. The court, if it finds that a defendant should be dealt with pursuant to these provisions, can impose an indeterminate sentence when sentencing the defendant [Sentencing Act 2017 (SA) s 57]. An offender subject to an indeterminate sentence cannot be released on parole and can only apply for release on licence if they satisfy the Supreme Court that they are both capable of and willing to control their sexual instincts, and that they are no longer a risk to the community [see Sentencing Act 2017 (SA) ss 58(1a), s 59(1a)].

Applications are governed by Chapter 2 Part 5 of the Uniform Special Statutory Rules 2022 (SA).