New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 16

16 ADT may exempt persons from compliance with reporting obligations

(1) This section applies to a registrable person:

(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 Administrative Decisions Tribunal for an order suspending the person’s reporting obligations.

(3) On the application of a registrable person referred to in subsection (2), the Administrative Decisions 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 Administrative Decisions 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 Administrative Decisions 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 Administrative Decisions 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,

(d) the registrable person’s present age,

(e) the registrable person’s total criminal record,

(f) any other matter the Tribunal considers appropriate.

(6) The Commission for Children and Young People is to be a party to any proceedings for an order under this section. The Commission 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 Administrative Decisions Tribunal must notify the Commissioner for the Commission for Children and Young People of the application.

(8) The Administrative Decisions Tribunal must notify the Commissioner of Police of the terms of any order made under this section.

(9) The Administrative Decisions 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 Administrative Decisions Tribunal in the proceedings.

(11) An applicant in respect of whom the Administrative Decisions 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.