16DContact prohibition order not to restrict certain contacts

#### 16D Contact prohibition order not to restrict certain contacts 16D Contact prohibition order not to restrict certain contacts > > (1) The persons specified in a contact prohibition order as persons the registrable person must not contact may not include any member of the registrable person’s close family. > > > (2) Despite subsection (1), a member of the registrable person’s close family may be specified in a contact prohibition order if, and only if, the Local Court considers that the following exceptional circumstances exist: > > > > > (a) if the member of the family concerned was a victim of the registrable offence committed by the registrable person—it would be contrary to the best interests of the victim for contact to occur, > > > > > (b) if the member of the family concerned was a co-offender in relation to the registrable offence committed by the registrable person—there is reasonable cause to believe (having regard to the ongoing nature and pattern of criminal activity of the registrable person) that there is a risk that contact could result in the registrable person being involved with the co-offender in the commission of a further registrable offence. > > > (3) In determining the best interests of a victim under subsection (2) (a), the Local Court may take into account any wishes expressed by the victim. > > > (4) The Local Court must make a record of its reasons for making an order under subsection (2). > > > (5) The failure of the Local Court to comply with subsection (4) does not invalidate the order. > > > (6) In this section, a registrable person’s close family includes: > > > > > (a) the registrable person’s spouse or de facto partner, and > > > > > (b) the registrable person’s parents, step-parents and grandparents, and > > > > > (c) the registrable person’s children, step-children and grandchildren, and > > > > > (d) the registrable person’s brothers and sisters, and step-brothers and step-sisters, and > > > > > (e) the registrable person’s guardians or carers, and > > > > > (f) in the case of a registrable person who is an Aboriginal person or a Torres Strait Islander—persons who are or have been part of the extended family or kin of the registrable person according to the indigenous kinship system of the registrable person’s culture. > > > > Note— > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > **s 16D:** Ins 2009 No 93, Sch 2 \[3\]. Am 2010 No 19, Sch 3.15 \[1\] \[2\].