5Local Court may make child protection prohibition order

#### 5 Local Court may make child protection prohibition order 5 Local Court may make child protection prohibition order > > (1) The Local Court may make a child protection prohibition order prohibiting a person from engaging in conduct specified in the order if it is satisfied that the person is a registrable person and that, on the balance of probabilities: > > > > > (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 will reduce that risk. > > > (2) The Local Court may make an order under this section against a young registrable person only if, in addition to the matters set out in subsection (1), it is satisfied that all other reasonably appropriate means of managing the conduct of the person have been considered before the order was sought. > > > (3) In determining whether to make an order under this section against a registrable person, the Local Court is to consider the following: > > > > > (a) the seriousness of each offence with respect to which the person is a registrable person, > > > > > (b) the period of time since those offences were committed, > > > > > (c) the age of the person when those offences were committed, > > > > > (d) the age of each victim of the offences when they were committed, > > > > > (e) the difference in age between the person and each such victim, > > > > > (f) the person’s present age, > > > > > (g) the seriousness of the person’s total criminal record, > > > > > (h) the effect of the order sought on the person in comparison with the level of the risk that a further registrable offence may be committed by the person, > > > > > (i) to the extent that they relate to the conduct sought to be prohibited, the circumstances of the person, including the person’s accommodation, employment needs and integration into the community, > > > > > (j) in the case of a young registrable person, the educational needs of the person, > > > > > (k) any other matters it thinks relevant. > > > (4) The Local Court is not required to be satisfied that the person is likely to pose a risk to a particular child or children or a particular class of children. > > > (5) If a registrable person against whom an order is sought is already subject to a prohibition order and no application has been made to revoke the existing order, the Local Court must, if it decides to make the order: > > > > > (a) revoke the existing order and replace it with a new order (which may contain matters relating to the existing order), or > > > > > (b) vary the existing order to include the matters with respect to which it has decided to make the order. > > > (6) An order is not invalidated by a failure to comply with subsection (5). > > **s 5:** Am 2007 No 94, Schs 2, 3.