Queensland Numbered Acts Queensland Numbered Acts(1) The commissioner or the respondent may apply to the court under the relevant rules of court for the variation or revocation of an offender prohibition order.
(2) However, other than in relation to an offender prohibition order made in the respondent's absence, the respondent may only make an application under subsection (1) with the court's leave.
(3) The court may grant the leave if satisfied--
(a) it is in the interests of justice, having regard to changes in the respondent's circumstances, or circumstances affecting the respondent, since the order was made or last varied; or
Example of the respondent's circumstances--
the respondent's accommodation, employment, health, cultural or social needs
Example of circumstances affecting the respondent--
Under the order, the respondent is prohibited from going within a stated distance of a stated child care centre, and the child care centre has closed down since the order was made.
(b) it is appropriate on compassionate grounds, including having regard to the respondent's culturally specific needs.
Examples--
to visit a relative who is seriously ill
to attend a relative's funeral
(4) In deciding the application, the court must have regard to--
(a) the matters mentioned in sections 8 and 9, to the extent the magistrate or court that made the offender prohibition order was required to have regard to those matters; and
(b) any changes in the respondent's circumstances since the offender prohibition order was made or last varied.
(5) A variation takes effect--
(a) if the respondent is present in court when the variation is made--when it is made; or
(b) if the respondent is not present in court when the variation is made--when a copy of the order varying the offender prohibition order is served on the respondent under section 24(2).
(6) A revocation takes effect when it is made.