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Child Protection (Offender Reporting and Registration) Act 2004
61Determination as to whether this Division applies
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61 Determination as to whether this Division applies
(1) The Commissioner must make a determination that a reportable
offender who is a participant in a Territory witness protection
program either is or is not a person to whom this Division applies:
(a) when the reportable offender ceases to be a participant in the
program as a consequence of a request under section 19(2) of
the Witness Protection (Northern Territory) Act 2002; or
(b) when the Commissioner (or the Deputy Commissioner) makes
a decision under section 19(1) of the Witness Protection
(Northern Territory) Act 2002 that the protection and
assistance given to the reportable offender under the program
be terminated.
(2) On making the determination, the Commissioner must take
reasonable steps to notify the reportable offender of the terms of
the determination.
(3) A reportable offender may, within 28 days after receiving such a
notification, apply in writing to the Commissioner for a review of the
determination.
(4) On receiving an application for a review, the Commissioner:
(a) must review the determination and confirm or reverse it; and
(b) before making a decision on the matter, must give the
applicant a reasonable opportunity to state his or her case;
and
(c) after making a decision on the matter, must give written notice
of the decision to the applicant.