New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 100A

100A Non-association and place restriction orders not to restrict certain associations or activities

(1) The persons specified in a non-association order as persons with whom the offender must not associate may not include any member of the offender's close family.

(1A) Despite subsection (1), a member of the offender's close family may be specified in a non-association order if, and only if, the court considers that exceptional circumstances exist because there is reasonable cause to believe, having regard to the ongoing nature and pattern of criminal activity in which the member and the offender have both participated, that there is risk that the offender may be involved in conduct that could involve the commission of a further offence of the kind to which section 17A applies if the offender associates with that member.

(2) The places or districts specified in a place restriction order as places or districts that the offender must not frequent or visit may not include--

(a) the offender's place of residence or the place of residence of any member of the offender's close family, or

(b) any place of work at which the offender is regularly employed, or

(c) any educational institution at which the offender is enrolled, or

(d) any place of worship at which the offender regularly attends, or

(e) any place at which the offender regularly receives a health service or a welfare service, or

(f) any place at which the offender is provided with legal services by an Australian legal practitioner or by an organisation employing or otherwise using at least one Australian legal practitioner to provide such services,

as at the time the order is made.

(2A) Despite subsection (2), a place or district referred to in that subsection may be specified in a place restriction order if, and only if, the court considers that exceptional circumstances exist because there is reasonable cause to believe, having regard to the ongoing nature and pattern of participation of the offender in criminal activity occurring at that place or district, that there is risk that the offender may be involved in conduct that could involve the commission of a further offence of the kind to which section 17A applies if the offender frequents or visits that place or district.

(2B) The court must make a record of its reasons for making an order under subsection (1A) or (2A).

(2C) The failure of a court to comply with subsection (2B) does not invalidate the order.

(3) In this section, an offender's
"close family" includes--

(a) the offender's spouse or de facto partner, and

(b) the offender's parents, step-parents and grandparents, and

(c) the offender's children, step-children and grandchildren, and

(d) the offender's brothers and sisters, and step-brothers and step-sisters, and

(e) the offender's guardians or carers, and

(f) in the case of an offender who is an Aboriginal person or a Torres Strait Islander--persons who are or have been part of the extended family or kin of the offender according to the indigenous kinship system of the offender's culture.

(4) In this section--

"health service" means any medical, hospital, ambulance, paramedical, dental, community health or environmental health service or any other service (including any service of a class or description prescribed by the regulations) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons and whether provided as a public or private service.

"welfare service" means services (whether provided as public or private services) relating to the provision of housing, employment benefits, rental assistance or other financial assistance, family support and other community welfare services necessary for the promotion, protection, development and maintenance of the well-being of persons.