Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to a prohibition order or interim prohibition order for a person.
(2) The person or chief police officer may apply to the Magistrates Court for an order amending or revoking the order .
Note If a form is approved under the Court Procedures Act 2004
, s 8 for this provision, the form must be used.
(3) However, other than in relation to an order made in the person's absence, the person may only make an application under subsection (2) with the Magistrates Court's leave.
(4) The Magistrates Court may grant the leave if satisfied that—
(a) it is in the interests of justice, having regard to changes in the person's circumstances, or circumstances affecting the person, since the prohibition or interim prohibition order was made or last amended by the court; or
Examples—person's circumstances
the person's accommodation, employment, health, cultural or social needs
Example—circumstances affecting person
Under a prohibition order, the person is prohibited from going within 200m of a stated education and care service or childcare centre, and the education and care service or childcare centre has closed down since the order was made.
(b) it is appropriate on compassionate grounds, including having regard to the person's culturally specific needs.
Example
to attend a relative's funeral
Note The chief police officer may delegate a function under this section (see s 132AA).