New South Wales Consolidated Acts

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

33J Matters to be considered in determining review applications

(1) The Commission or a relevant tribunal is not to make an order on a review application unless it is satisfied that the person the subject of the application does not pose a risk to the safety of children.

(2) In any proceedings for a review application, it is to be presumed, unless the applicant proves to the contrary, that the applicant poses a risk to the safety of children.

(3) In deciding whether or not to make an order in relation to a person, the Commission or a relevant tribunal is to take into account the following:

(a) the seriousness of the offences with respect to which the person is a prohibited person,

(b) the period of time since those offences were committed,

(c) the age of the person at the time those offences were committed,

(d) the age of each victim of the offences at the time they were committed,

(e) the difference in age between the prohibited person and each such victim,

(f) whether the person knew, or could reasonably have known, that the victim was a child,

(g) the prohibited person’s present age,

(h) the seriousness of the prohibited person’s total criminal record,

(i) such other matters as the Commission or tribunal considers relevant.