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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 90

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 90

90 .         Court may make child protection orders

        (1)         A court may make a child protection order only if the court is satisfied that the person is a reportable offender and —

            (a)         that the person poses a risk to the lives or sexual safety of one or more children, or children generally; and

            (b)         that making the order will reduce that risk.

        (2)         For the purposes of subsection (1), it is not necessary that the court be able to identify a risk to a particular child or particular children or a particular class of children.

        (3)         In determining whether to make an order under this section in respect of a reportable offender, a court 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;

            (ga)         any document or record (including an electronic document or record) served on the reportable offender by the Commissioner;

            (g)         the effect of the order sought on the reportable offender in comparison with the level of the risk that a further reportable offence, or an offence that may give rise to an offender reporting order, may be committed by the reportable offender;

            (h)         to the extent that they relate to the conduct sought to be prohibited — the circumstances of the reportable offender, including the reportable offender’s accommodation, employment needs and integration into the community;

                  (i)         in the case of a young reportable offender — the educational needs of the young reportable offender;

            (j)         any other matter the court considers relevant.

        (4)         If a reportable offender in respect of whom an order (the new order ) is sought is already subject to a protection order (the existing order ) and no application has been made to revoke the existing order, the court must if it decides to make the new order —

            (a)         revoke the existing order and replace it with the new order (which may contain matters relating to the existing order); or

            (b)         vary the existing order to include the matters with respect to which the court has decided to make the new order.

        (5)         An order is not invalidated by a failure to comply with subsection (4).

        [Section 90 amended: No. 54 of 2012 s. 29 and 42(2).]