The WA Justice Association has called on the WA Government to overhaul the High Risk Serious Offenders Act in the wake of a High Court decision rejecting a challenge to the Act's reach.

On Wednesday the High Court struck down a challenge to the Act by Noongar man Peter Gartlett, who was held six months beyond his expected October 2021 release date, in a 5-2 decision.

The Act allows detention in custody and supervision of high risk serious offenders for to protect the community and of victims of serious offences.

It permits continued detention of a prisoner after the prisoner's sentence has been fully served. It also allows for stringent restrictions to be imposed once a prisoner is released.

The WA Justice Association said the Act was an example of indirect discrimination.

"First Nations Australians are grossly overrepresented in WA prisons and will, in turn, be disproportionately subject to continuing detention orders under the HRSO Act," they said in a statement.

https://www.nit.com.au/high-court-strikes-down-young-noongar-mans-challenge-to-was-serious-offender-laws/

"Governments must adopt an evidence-based approach to rehabilitate prisoners and provide them with adequate supports post-release so that they will not re-offend.

"By implementing the HRSO Act, the State Government has opted to put prisoners with complex needs in the too hard basket."

After the High Court decision on Wednesday WA Attorney-General John Quigley said the Act dealt onlu with "the most violent and serious offenders".

"Western Australians have the right to feel safe in their communities and these laws enable courts to keep the most dangerous criminals behind bars, in line with the community's expectations," he said.

The WA Justice Association urged the WA Government to ensure former prisoners could live productive lives, instead of keeping them imprisoned.

"Prisoners do not receive adequate support while in prison to enable them to adequately address the underlying cause(s) of their offending behaviours," they said.

"The legal community cannot accept the HRSO Act as the status quo. It detracts from basic human rights, is ineffective, expensive, and racist."

WAJA said prisons needed more resources to help serious offenders.