Victorian Current Acts

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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66E

Court may make an interim prohibition order

    (1)     The court may make an interim prohibition order on an application under section 66D if the court is satisfied, on the balance of probabilities, that—

        (a)     the registrable offender poses a risk to the sexual safety of one or more persons or of children or the community generally; and

        (b)     it is necessary to make an interim prohibition order to reduce that risk pending a final decision about the application.

    (2)     If the registrable offender is an adult, the court may make an interim prohibition order

        (a)     whether or not the registrable offender has been served with a copy of the application for the prohibition order; and

        (b)     whether or not the registrable offender is present when the interim prohibition order is made.

    (3)     If the registrable offender is an adult, the court may make an interim prohibition order by consent of the parties—

        (a)     without being satisfied as to any matter in subsection (1); and

        (b)     without conducting a hearing in relation to the particulars of the application unless, in the court's opinion, it is in the interests of justice to do so.

    (4)     For the purposes of subsection (3)(b), in determining whether it is in the interests of justice to conduct a hearing, the court may take into account whether the registrable offender—

        (a)     is legally represented; or

        (b)     has impaired intellectual functioning; or

        (c)     is a person in respect of whom a guardianship order is in force; or

        (d)     has the capacity to understand the proceeding; or

        (e)     may otherwise be prevented from understanding the effect of consenting
to the order.

S. 66F inserted by No. 21/2016 s. 8.



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