COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 95
COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 95
95 . Consent orders
(1) A court may make a
child protection order without being subject to section 90 if the applicant
and the reportable offender consent to the making of the order.
(2) A court may make
an interim protection order without being subject to section 92 if the
applicant and the reportable offender consent to the making of the order.
(3) The court is not
required to conduct a hearing before making an order under this section unless
the court considers that it is in the interests of justice to conduct the
hearing.
(4) Without limiting
subsection (3), in determining whether it is in the interests of justice to
conduct the hearing the court may have regard to the following —
(a)
whether the reportable offender has obtained legal advice in relation to the
order concerned;
(b)
whether the reportable offender —
(i)
has impaired intellectual functioning; or
(ii)
is a person in respect of whom a guardianship order is in
force under the Guardianship and Administration Act 1990 ; or
(iii)
is illiterate or is not literate in the English language;
or
(iv)
is subject to some other condition that may prevent the
reportable offender from understanding the effect of giving consent to the
making of the order.
[Section 95 amended: No. 54 of 2012 s. 42(2) and
(3).]