COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 61

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 61

61 .         Commissioner may approve suspension of reporting obligations

        (1)         If —

            (a)         a person is a reportable offender only in respect of an offence prescribed by the regulations that was committed by the person when a child; and

            (b)         the offence results in the person being subject to a sentence prescribed by the regulations,

                the Commissioner must consider whether or not to approve the suspension of the reportable offender’s reporting obligations.

        (2)         The Commissioner may approve the suspension of the reportable offender’s reporting obligations only if the Commissioner is satisfied that the reportable offender does not pose a risk to the lives or the sexual safety of one or more persons, or persons generally.

        (3)         In deciding whether to grant approval, the Commissioner must take into account the following —

            (a)         the seriousness of the reportable offender’s reportable offences and corresponding reportable offences;

            (b)         the period of time since those offences were committed;

            (c)         the age of the reportable offender and the age of the victims of those offences at the time those offences were committed;

            (d)         the difference in age between the reportable offender and the victims of those offences;

            (e)         the reportable offender’s present age;

            (f)         the seriousness of the reportable offender’s total criminal record;

            (g)         any other matter the Commissioner considers relevant.

        (4)         If the Commissioner approves the suspension of the reportable offender’s reporting obligations, the Commissioner must give the reportable offender written notice of the suspension.

        (5)         For the purposes of section 44(1)(d), the approval of the suspension of the reportable offender’s reporting obligations has effect from the date of the notice given to him or her under subsection (4) or from any later date specified in the notice.