72Court may make child protection prohibition order

72 Court may make child protection prohibition order (1) A court may make a child protection prohibition order prohibiting a person from engaging in conduct specified in the order if the court is satisfied that the person is a reportable offender and, on the balance of probabilities, that: (a) there is reasonable cause to believe, having regard to the nature and pattern of conduct of the person, that the person poses a risk to the lives or sexual safety of one or more children or children generally; and (b) the making of the order may reduce that risk.

Child Protection (Offender Reporting and Registration) Act 2004 46 (2) For subsection (1), it is not necessary that the court be able to identify a risk to a particular child or particular children or a particular class of children. (3) In determining whether to make an order under this section in respect of a reportable offender, a court must take the following into account: (a) the seriousness of the reportable offender's reportable offences and foreign reportable offences; (b) the period of time since those offences were committed; (c) the age of the reportable offender, and the age of the victims of those offences, at the time those offences were committed; (d) the difference in age between the reportable offender and the victims of those offences; (e) the reportable offender's present age; (f) the seriousness of the reportable offender's total criminal record; (g) the effect of the order sought on the reportable offender in comparison with the level of the risk that a further reportable offence, or an offence that may give rise to an offender reporting order, may be committed by the reportable offender; (h) to the extent that they relate to the conduct sought to be prohibited – the circumstances of the reportable offender, including the reportable offender's accommodation, employment needs and integration into the community; (i) in the case of a young reportable offender – the educational needs of the young reportable offender; (j) any other matter the court considers relevant. (4) If: (a) a reportable offender is already the subject of a child protection prohibition order; and (b) a further child protection prohibition order is sought in respect of him or her; and (c) the court decides to make a new order;

Child Protection (Offender Reporting and Registration) Act 2004 47 the court must: (d) revoke the existing order and incorporate any continuing matters into the further order; or (e) vary the existing order to include the matters with respect to which the court has decided to make the new order. (5) An order is not invalidated by a failure to comply with subsection (4).