Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132B

    (1)     The chief police officer may apply to the Magistrates Court for a prohibition order for a person if the chief police officer believes on reasonable grounds that—

        (a)     the person is a registrable offender; and

        (b)     the person has engaged in conduct the nature or pattern of which poses a risk to the lives or sexual safety of 1 or more children, or of children generally ; and

Examples

1     loitering at or near a park fitted with playground equipment regularly used by children

2     seeking employment or volunteer work that will involve the person coming into contact with children, including, for example, door-to-door sales or collecting

3     living near an education and care service or childcare centre

4     boarding in a household with children under 16 years old

        (c)     prohibiting the conduct stated in the application will reduce the risk.

Note     If a form is approved under the Court Procedures Act 2004

, s 8 for this provision, the form must be used.

    (2)     The application must—

        (a)     state each registrable offence for which the person has been found guilty; and

        (b)     state the particulars of the conduct the chief police officer believes the person has engaged in; and

        (c)     state when the chief police officer believes the person engaged in the conduct; and

        (d)     state the conduct of the person proposed to be prohibited under the prohibition order, including the conditions (if any) sought by the chief police officer; and

        (e)     if the person is a young person—include a copy of the CYP director-general's report for the person.

    (3)     The application may state that the chief police officer is seeking an interim prohibition order on the application.

Note     The chief police officer may delegate a function under this section (see s 132AA).