16NCAT may exempt persons from compliance with reporting obligations

#### 16 NCAT may exempt persons from compliance with reporting obligations 16 NCAT may exempt persons from compliance with reporting obligations > > (1) This section applies to a registrable person— > > > > > (a) who is required to continue to comply with the reporting obligations imposed under this Act for the remainder of his or her life, or > > > > > (b) whose reporting period has been extended under section 15 (3) (whether or not he or she is a person referred to in paragraph (a)). > > > (2) If (in the case of a registrable person referred to in subsection (1) (a))— > > > > > (a) a period of 15 years has passed (ignoring any period during which the registrable person was in government custody) since the person was last sentenced or released from government custody in respect of a registrable offence or a corresponding registrable offence, whichever is the later, and > > > > > (b) the person did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of such a period in New South Wales, and > > > > > (c) the person is not subject to parole or licence in respect of a registrable offence (whether in New South Wales or a foreign jurisdiction), > > > > the person may apply to the Civil and Administrative Tribunal for an order suspending the person’s reporting obligations. > > > (3) On the application of a registrable person referred to in subsection (2), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations. > > > (3A) On the application of a registrable person referred to in subsection (1) (b), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations for the length of time by which the registrable person’s reporting period was extended under section 15 (3). > > > (4) The Civil and Administrative Tribunal is not to make an order under this section unless it considers that the person the subject of the proposed order does not pose a risk to the safety of children. > > > (5) In deciding whether to make an order under this section, the Civil and Administrative Tribunal is to take the following matters into account— > > > > > (a) the seriousness of the registrable person’s registrable offences and corresponding registrable offences, > > > > > (b) the period of time since those offences were committed, > > > > > (c) the age of the registrable person, the age of the victims of those offences and the difference in age between the registrable person and the victims of those offences, as at the time those offences were committed, > > > > > (d) the registrable person’s present age, > > > > > (e) the registrable person’s total criminal record, > > > > > (f) any other matter the Tribunal considers appropriate. > > > (6) As soon as practicable after an application under this section is made, the Civil and Administrative Tribunal must notify— > > > > > (a) the Children’s Guardian, and > > > > > (b) the Commissioner of Police. > > > (7) The Children’s Guardian and the Commissioner of Police are— > > > > > (a) parties to proceedings for an order arising from the application, and > > > > > (b) entitled to make submissions about the making of the order. > > > (8) (Repealed) > > > (9) The Civil and Administrative Tribunal may not award costs in respect of proceedings under this section. > > > (10) A party to proceedings under this section may appeal to the Supreme Court, on a question of law, from any decision of the Civil and Administrative Tribunal in the proceedings. > > > (11) An applicant in respect of whom the Civil and Administrative Tribunal refuses to make an order under this section is not entitled to make a further application to the Tribunal until 5 years have elapsed from the date of the refusal, unless the Tribunal otherwise orders at the time of the refusal. > > > (12) In this section, Children’s Guardian means the Children’s Guardian appointed under section 115 of the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025). > > **s 16:** Subst 2004 No 85, Sch 1 \[35\]. Am 2009 No 93, Sch 1 \[5\]–\[8\]; 2013 No 31, Sch 3.2 \[3\]–\[6\]; 2013 No 95, Sch 2.22; 2019 No 25, Sch 5.5; 2024 No 62, Sch 1\[48\] \[49\].