It has been further argued that this type of legislation is unconstitutional in that the State Parliament had sought to invest a court with a function incompatible with the constitution and the judicial power of the Commonwealth (Cranny, 2003). The High Court decided in the instance of the New South Wales legislation that it was in fact unconstitutional. Whilst the Queensland legislation attempted to correct the misgivings of the New South Wales experience it is still yet to face a constitutional challenge in the High Court (Cranny, 2003). It can be further said that by allowing another Judge to exercise power over an individual already being detained, it is illegally performing the function of a quasi appellate court by extending the sentence based upon the prospect of rehabilitation which is taken into consideration at the time of original sentencing (Bennett, 2003).…
