Queensland Consolidated Acts

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

13P Making order for adult respondent by consent

(1) This section applies if an application is made to a magistrate or court for an order under this part for an adult respondent.

(2) The magistrate or court may make the order if the applicant and the respondent consent to the making of the order.

(3) The court may make an offender prohibition order with the consent of the applicant and the respondent without being satisfied of the matters stated in section 13C , or considering the matters mentioned in section 13D , unless the court considers it is not in the interests of justice to do so.

(4) In considering the interests of justice for subsection (3) , the matters to which the court may have regard include—

(a) whether the respondent has obtained legal advice about the proposed offender prohibition order; and

(b) whether the respondent—

(i) has an intellectual disability or cognitive impairment; or

Examples—

an acquired brain injury, Alzheimer’s disease or dementia

(ii) has a significant mental illness that requires ongoing treatment by a psychiatrist; or

(iii) has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or

(iv) is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or

(v) is illiterate, or is not literate in the English language; or

Example—

a person from a non-English speaking background

(vi) is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.

(5) This section does not limit the magistrate’s or court’s power under section 13C , 13J , 13K or 13Q .