New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 33G

33G Persons not entitled to make review applications

(1) A prohibited person who has been convicted of any of the following offences, committed by the person as an adult, is not entitled to make an application under section 33H or 33I:

(a) murder of a child,

(b) an offence under section 66A, 66B, 66C, 66D or 73 of the Crimes Act 1900 or a similar offence under that Act or any other law involving sexual intercourse with a child (including a law other than a law of New South Wales),

(c) an offence under section 91H (2) of the Crimes Act 1900 , involving the production of child pornography, or a similar offence under a law other than a law of New South Wales,

(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in the preceding paragraphs.

(2) The Commission or a relevant tribunal may grant leave to a prohibited person to make a review application, despite a conviction for an offence referred to in subsection (1), if the Commission or tribunal is satisfied that:

(a) the offence is an offence referred to in subsection (1) (b), or an offence of attempting, or of conspiracy or incitement to commit such an offence, and

(b) the prohibited person was not more than 3 years older than the child against whom the offence was committed, and

(c) the offence did not involve circumstances of aggravation within the meaning of section 66C of the Crimes Act 1900 .