New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS PROHIBITION ORDERS) ACT 2004 - SECT 10

10 Orders by consent

(1) The Local Court may make a prohibition order (other than an interim prohibition order), without being satisfied as to the matters referred to in section 5, if the applicant and the registrable person consent to the making of the order.

(2) The Local Court may make an interim prohibition order, without being satisfied as to the matters referred to in section 7, if the applicant and the registrable person consent to the making of the order.

(3) The Local Court is not required to conduct a hearing before making an order under this section unless the Local Court is of the opinion that it is in the interests of justice to conduct the hearing.

(4) Without limiting subsection (3), in determining whether it is in the interests of justice to conduct the hearing the Local Court may have regard to the following:

(a) whether the registrable person has obtained legal advice in relation to the order concerned,

(b) whether the person:

(i) has impaired intellectual functioning, or

(ii) is subject to a guardianship order (within the meaning of the Guardianship Act 1987 ), or

(iii) is illiterate, or is not literate in the English language, or

(iv) is subject to some other condition that may prevent the person from understanding the effect of giving consent to the order.

(5) A registrar of the Local Court may not exercise the functions of the Local Court under this section.