• Specific Year
    Any

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66J Considerations in making a final prohibition order

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66J

Considerations in making a final prohibition order

In determining whether to make a final prohibition order, the court must consider the following—

        (a)     the registrable offender's findings of guilt or charges for sexual and other relevant offences, and for each offence—

              (i)     the seriousness and nature of the offence; and

              (ii)     the period since the offence was committed; and

              (iii)     the ages of the registrable offender and the victim of the offence when the offence was committed; and

              (iv)     if the victim was a child when the offence was committed, the age difference between the registrable offender and the victim;

        (b)     the registrable offender's age;

        (c)     if known, whether the registrable offender's behaviour alleged in the application is similar to behaviour that was preparatory to previous relevant offences;

        (d)     the registrable offender's circumstances, to the extent that they relate to the conduct sought to be prohibited by the order;

Examples

1     The registrable offender's accommodation and employment needs.

2     The registrable offender's need for reintegration into the community.

        (e)     whether making the order is proportionate to the risk of the registrable offender committing further registrable offences;

        (f)     the impact of the conditions of the order on the treatment and rehabilitation of the registrable offender;

        (g)     the impact of the conditions of the order on the registrable offender's family;

        (h)     any other matter the court considers relevant.

S. 66K inserted by No. 21/2016 s. 8.