2CRisk to sexual safety of children—meaning

2C Risk to sexual safety of children—meaning

2C Risk to sexual safety of children—meaning

(1) For the purposes of this Act, a person poses a risk to the lives or sexual safety of one or more children, or of children generally if there is a risk that the person will engage in conduct that may constitute a Class 1 offence or a Class 2 offence against or in respect of a child or children.

(2) In order for a court to be satisfied that a person poses a risk to the lives or sexual safety of one or more children, or of children generally, it is not necessary for the court to be able to identify a risk to particular children, or a particular class of children.

(3) A court is to take the following into account in determining whether a person poses a risk to the lives or sexual safety of one or more children, or of children generally—

(a) the seriousness of each registrable offence committed by the person,

(b) the age of the person at the time each of those offences was committed,

(c) the age of each victim of each of those offences at the time that the offence was committed,

(d) the seriousness of any other offences committed by the person,

(e) the impact on the person if the order being sought is made compared with the likelihood that the person may commit a registrable offence,

(f) any other matter that the court considers to be relevant.

s 2C (previously s 3AA): Renumbered 2024 No 62, Sch 1[4].