The Victorian Government faced the dilemma of respecting David's right to freedom and the protection of the community upon his release from prison. The government sought to keep David imprisoned indefinitely by introducing the "Community Protection Act 1990". That legislation gave Victorian Supreme Court judges the power to hold David in "preventative detention" for twelve months if the judge was convinced by evidence before them that David was still a risk to the community and likely to commit further offences if released from prison.