New South Wales Consolidated Acts

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

33H Commission may make declarations concerning prohibited persons

(1) On the application of a prohibited person, the Commission may make an order declaring that this Division is not to apply to the person in respect of a specified offence.

(2) An application must be made in a form approved by the Commission. An applicant must fully disclose to the Commission any matters relevant to the application.

(3) Orders under this section may be made subject to conditions.

(4) The Commission is not to make an order that is subject to conditions without the consent in writing of the applicant to the conditions.

(5) If the Commission proposes to make an order that is subject to conditions, it is to notify the applicant in writing that:

(a) it proposes to make the order subject to the conditions specified in the notification, and

(b) the applicant may consent in writing to the making of the order subject to those specified conditions or request the Commission to take no further action, and

(c) the Commission will take no further action in relation to the application unless the applicant has consented in writing to the making of the proposed order subject to the specified conditions, and

(d) if the applicant does not consent to the making of the order subject to the specified conditions, the applicant may apply under section 33I to the Industrial Relations Commission or the Administrative Decisions Tribunal for an order declaring that this Division is not to apply to the person in respect of a specified offence.

(6) If the Commission makes an order, it is to notify the applicant in writing that the Commission has made the order and (if applicable) that the order is subject to the conditions specified in the notification.

(7) If the Commission considers that an applicant under this section poses a risk to the safety of children or, for whatever reason, cannot make a decision as to whether the applicant poses such a risk, the Commission is to notify the applicant in writing that:

(a) the Commission cannot make an order under this section, and

(b) the Commission will take no further action in relation to the application, and

(c) the applicant may apply under section 33I to the Industrial Relations Commission or the Administrative Decisions Tribunal for an order declaring that this Division is not to apply to the person in respect of a specified offence.