(a) who is required to
continue to comply with the reporting obligations imposed by this Part for the
remainder of his or her life, or
(b) whose reporting period has been extended
under section 15 (3) (whether or not he or she is a person referred to in
paragraph (a)).
(2) If (in the case of a registrable person referred to in
subsection (1) (a))--
(a) a period of 15 years has passed (ignoring any period
during which the registrable person was in government custody) since the
person was last sentenced or released from government custody in respect of a
registrable offence or a corresponding registrable offence, whichever is the
later, and
(b) the person did not become the subject of a life-long reporting
period under a corresponding Act while in a foreign jurisdiction before
becoming the subject of such a period in New South Wales, and
(c) the person
is not subject to parole or licence in respect of a registrable offence
(whether in New South Wales or a foreign jurisdiction),
the person may apply
to the Civil and Administrative Tribunal for an order suspending the person's
reporting obligations.
(3) On the application of a registrable person
referred to in subsection (2), the Civil and Administrative Tribunal may make
an order suspending the registrable person's reporting obligations.
(3A) On
the application of a registrable person referred to in subsection (1) (b), the
Civil and Administrative Tribunal may make an order suspending the
registrable person's reporting obligations for the length of time by which the
registrable person's reporting period was extended under section 15 (3).
(4)
The Civil and Administrative Tribunal is not to make an order under this
section unless it considers that the person the subject of the proposed order
does not pose a risk to the safety of children.
(5) In deciding whether to
make an order under this section, the Civil and Administrative Tribunal is to
take the following matters into account--
(a) the seriousness of the
registrable person's registrable offences and corresponding registrable
offences,
(b) the period of time since those offences were committed,
(c)
the age of the registrable person, the age of the victims of those offences
and the difference in age between the registrable person and the victims of
those offences, as at the time those offences were committed,
(f) any other matter the Tribunal considers appropriate.
(6) The
Children's Guardian is to be a party to any proceedings for an order under
this section. The Children's Guardian may make submissions in opposition to,
or in support of, the making of the order.
(7) As soon as practicable after
receiving an application under this section, the Civil and Administrative
Tribunal must notify the Children's Guardian of the application.
(8) The
Civil and Administrative Tribunal must notify the Commissioner of Police of
the terms of any order made under this section.
(9) The Civil and
Administrative Tribunal may not award costs in respect of proceedings under
this section.
(10) A party to proceedings under this section may appeal to
the Supreme Court, on a question of law, from any decision of the Civil and
Administrative Tribunal in the proceedings.
(11) An applicant in respect of
whom the Civil and Administrative Tribunal refuses to make an order under this
section is not entitled to make a further application to the Tribunal until 5
years have elapsed from the date of the refusal, unless the Tribunal otherwise
orders at the time of the refusal.
