Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 122A

    (1)     The chief police officer may apply to the Magistrates Court for an order that a registrable offender be removed from the child sex offenders register.

    (2)     The court may make the order if satisfied on reasonable grounds that it would be inappropriate for the offender to remain on the register.

    (3)     In making a decision under subsection (2), the court must consider—

        (a)     the severity of each offence that resulted in the offender being on the register; and

        (b)     the age of the offender at the time of each offence; and

        (c)     the level of harm to the victim and the community caused by each offence; and

        (d)     the period for which the offender has been included on the register; and

        (e)     compliance by the offender with any reporting and sentencing obligations; and

        (f)     any attempts at rehabilitation by the offender; and

        (g)     whether the offender poses a risk to the lives or sexual safety of 1 or more people or of the community; and

        (h)     any other circumstances that the court considers relevant.

    (4)     The director of public prosecutions may appear in the court on behalf of the victim.