Queensland Numbered Acts

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CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 No. 17 - SECT 8

8 Making an order

(1) A court may make an order if the court is satisfied, on the balance of probabilities, after considering the matters mentioned in section 9--

(a) the respondent is a relevant sexual offender; and
(b) having regard to the nature and pattern of conduct recently engaged in by the respondent--
(i) the respondent poses an unacceptable risk to the lives or sexual safety of children; and
(ii) the making of the order will reduce the risk.

(2) Also, for a child respondent, the court may only make the order--

(a) after considering a report given to the court under section 10; and
(b) if satisfied the making of the order is a last resort and the most effective way of reducing the risk mentioned in subsection (1)(b)(i).

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

(4) The application for the order may be heard in the respondent's absence if the court is satisfied the respondent was served with the application documents under section 7(3).

(5) However, the court may, at any time before making the order, direct the commissioner to give a further appearance notice to the respondent as directed by the court.



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