Part 5AExemptions, modifications and suspensions granted by Commissioner

Part 5A—Exemptions, modifications and suspensions granted by Commissioner 66A—Interpretation In this Part— reporting obligations includes the obligation to provide information to a parent or guardian under section 66L. 66B—General power of Commissioner to make declaration (1) A registrable offender may apply to the Commissioner for a declaration— (a) modifying his or her reporting obligations; or (b) exempting him or her from the operation of Part 5 or specified provisions of Part 5 (either generally or in respect of specified classes of child‑related work). (2) The Commissioner may refuse to consider an application unless the registrable offender undergoes a risk assessment of a kind determined by the Commissioner (and in accordance with any instructions of the Commissioner). (3) Any costs associated with the conduct of a risk assessment required by the Commissioner under subsection (2) must be paid by the applicant. (4) Subject to subsection (5a), the Commissioner may only make a declaration in relation to a registrable offender under this section if— (a) the relevant offences were offences against section 49(3), 56 or 58 of the Criminal Law Consolidation Act 1935; and (b) the offender has been a registrable offender for a period of 12 months or more and has complied with this Act during that period; and (c) the Commissioner is satisfied that the offender does not pose a risk to the safety and well‑being of children. (5) Subject to subsection (5a), the Commissioner may not make a declaration in relation to a registrable offender under this section if— (a) there was more than 1 victim of the relevant offences; or (b) the offender was more than 10 years older than the victim at the time of any relevant offence; or (c) the victim of any relevant offence was less than 14 years old; or (d) any relevant offence was committed in connection with child‑related work engaged in by the offender. (5a) If a registrable offender applies for a declaration exempting them from the operation of Part 5 or specified provisions of Part 5 in respect of work that is only child‑related work by virtue of paragraph (ka) of the definition of that term in section 64, subsections (4) and (5) of this section do not apply and the Commissioner may only make the declaration if— (a) the relevant offences were not committed in connection with any child‑related work; and (b) the Commissioner is satisfied that the offender does not pose a risk to the safety and well‑being of children employed in the business or undertaking that constitutes the child‑related work. (6) A declaration may be made subject to such conditions as the Commissioner thinks fit. (7) In deciding whether to make the declaration and the terms of any such declaration, the Commissioner must take into account— (a) any risk assessment undertaken in relation to the offender; and (b) any other offending by the registrable offender; and (c) any victim impact statement; and (d) the sentencing remarks relating to each relevant offence, and may take into account any other matter the Commissioner considers appropriate. The Commissioner may, for example, consider whether the victim consented to conduct involved in the offence or whether there was grooming involved in the offence, or other conduct that might indicate the risk of further offending. (8) In this section— relevant offence, in relation to a registrable offender, means an offence that has resulted in him or her becoming a registrable offender. 66C—Power to make declaration suspending reporting obligations of registrable offender with disability The Commissioner of Police may, of his or her own motion or on application by a person, suspend a registrable offender's reporting obligations if satisfied that the registrable offender— (a) has a disability that makes it impossible for the offender to satisfy his or her reporting obligations; and (b) does not pose a risk to the safety and well‑being of children. 66D—General provisions relating to declarations under Part (1) An application by a person for a declaration under this Part— (a) must be made in a manner and form determined by the Commissioner; and (b) must be accompanied by the fee (if any) prescribed by the regulations; and (c) may not be made if less than 12 months have elapsed since the last application made by the person under this Part. (2) A declaration under this Part may apply for a specified period or for the remainder of the reporting period (as the Commissioner thinks fit). (3) The Commissioner may, at any time, vary a declaration relating to a person under this Part. (4) The Commissioner may only revoke a declaration relating to a person under this Part if— (a) the person is charged for a class 1 or class 2 offence; or (b) there is a change in any of the grounds on which the declaration was made. (5) The Commissioner must give a registrable offender written notice as soon as practicable after a declaration exempting the offender from the operation of Part 5, or specified provisions of Part 5, is made, varied or revoked. See also section 48(2)(g) in relation to the giving of notice in respect of declarations relating to reporting obligations. 66E—Appeal to District Court (1) A registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court. (2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against. (3) The Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision. (4) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.