Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 13C

13C Making prohibition order

(1) A court may make a prohibition order if the court is satisfied, on the balance of probabilities, after considering the matters mentioned in section 13D —

(a) the respondent is a relevant sexual offender; and

(b) having regard to the nature or pattern of conduct engaged in by the respondent—

(i) the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and

(ii) the making of the prohibition order will reduce the risk.

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

(a) after considering a report given to the court under section 13E ; and

(b) if satisfied the making of the prohibition 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 or particular children.

(4) The application for the prohibition order may be heard in the respondent’s absence if the court is satisfied the respondent was served with the application documents under section 13B (3) .

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