New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 100G

100G Variation or revocation of non-association and place restriction orders on application

(1) An offender who is subject to a non-association order or place restriction order may apply to the Local Court for variation or revocation of the order, regardless of whether the order was made by the Local Court or by some other court.

(2) Such an application must be accompanied by a copy of the relevant order, together with any variations to it that have been made under this Part.

(3) Such an application may not be made except by leave of the Local Court, which leave may be granted only if it is satisfied that, having regard to changes in the applicant's circumstances since the order was made or last varied, it is in the interests of justice that leave be granted.

(4) The Local Court may refuse to entertain an application for leave if it is satisfied that the application is frivolous or vexatious.

(5) If leave to make an application for variation or revocation of a non-association order is granted--

(a) the Local Court must cause notice of the application to be served on the Commissioner of Police, and

(b) the Commissioner of Police is entitled to appear and be heard in any proceedings on the application.

(6) The Local Court may, at its discretion, deal with the application with or without the parties being present and in open court or in chambers.

(7) The Local Court may dispose of the application--

(a) by varying or revoking the non-association order or place restriction order in accordance with the application, or

(b) by dismissing the application.

(8) The Local Court's decision on the application is final.