(1) A court may make a
child protection order only if the court is satisfied that the person is a
reportable offender and —
(a) that
the person poses a risk to the lives or sexual safety of one or more children,
or children generally; and
(b) that
making the order will reduce that risk.
(2) For the purposes
of subsection (1), it is not necessary that the court be able to identify a
risk to a particular child or particular children or a particular class of
children.
(3) In determining
whether to make an order under this section in respect of a reportable
offender, a court must take into account the following —
(a) the
seriousness of the reportable offender’s reportable offences and
corresponding reportable offences;
(b) the
period of time since those offences were committed;
(c) the
age of the reportable offender and the age of the victims of those offences at
the time those offences were committed;
(d) the
difference in age between the reportable offender and the victims of those
offences;
(e) the
reportable offender’s present age;
(f) the
seriousness of the reportable offender’s total criminal record;
(ga) any
document or record (including an electronic document or record) served on the
reportable offender by the Commissioner;
(g) the
effect of the order sought on the reportable offender in comparison with the
level of the risk that a further reportable offence, or an offence that may
give rise to an offender reporting order, may be committed by the reportable
offender;
(h) to
the extent that they relate to the conduct sought to be prohibited — the
circumstances of the reportable offender, including the reportable
offender’s accommodation, employment needs and integration into the
community;
(i)
in the case of a young reportable offender — the
educational needs of the young reportable offender;
(j) any
other matter the court considers relevant.
(4) If a reportable
offender in respect of whom an order (the new order ) is sought is already
subject to a protection order (the existing order ) and no application has
been made to revoke the existing order, the court must if it decides to make
the new order —
(a)
revoke the existing order and replace it with the new order (which may contain
matters relating to the existing order); or
(b) vary
the existing order to include the matters with respect to which the court has
decided to make the new order.
(5) An order is not
invalidated by a failure to comply with subsection (4).
[Section 90 amended: No. 54 of 2012 s. 29 and
42(2).]