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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66I Court may make a final prohibition order

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66I

Court may make a final prohibition order

    (1)     The court may make a final prohibition order if the court is satisfied, on the balance of probabilities, that—

        (a)     the registrable offender has engaged in behaviour alleged in the application; and

        (b)     having regard to the nature and pattern of that behaviour, that the registrable offender poses a risk to the sexual safety of one or more persons or of children or the community generally; and

        (c)     making the final prohibition order will reduce that risk.

    (2)     For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.

    (3)     If the registrable offender is an adult, the court may make a final prohibition order by consent of the parties—

        (a)     without being satisfied as to any matter in subsection (1); and

        (b)     without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.

    (4)     For the purposes of subsection (3)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender—

        (a)     is legally represented; or

        (b)     has impaired intellectual functioning; or

        (c)     is a person in respect of whom a guardianship order is in force; or

        (d)     has the capacity to understand the proceeding; or

        (e)     may otherwise be prevented from understanding the effect of consenting

to the order.

S. 66J inserted by No. 21/2016 s. 8.