34AInjunctions

34A Injunctions

(1) On an application by a sector regulator, a court may grant an injunction, in the terms the court considers appropriate, if the court is satisfied that a person, body or relevant entity—

(a) has failed to comply with a notice to produce or a notice to comply; or

(b) is required to comply with the Child Safe Standards and has failed, or is likely to fail, to do so.

(2) Without limiting subsection (1), the court may grant an injunction under that subsection—

(a) to restrain a person, body or relevant entity from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or

(b) to restrain a person, body or relevant entity from providing specified services or facilities to children before the failure to comply is rectified; or

(c) to restrain a person, body or relevant entity from employing or engaging children before the failure to comply is rectified; or

(d) to require a person, body or relevant entity to do a specified act or thing that the court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or

(e) to require a person, body or relevant entity to institute training programmes for persons employed or engaged by the person, body or relevant entity.

(3) The power of the court to grant an injunction under subsection (1) may be exercised whether or not the person, body or relevant entity—

(a) is likely to fail to comply with the Child Safe Standards or notice (as appropriate) in the future; or

(b) has previously failed to comply with the Child Safe Standards, a notice to produce or a notice to comply.

(4) The court may, if it considers that it is appropriate to do so, grant an injunction under subsection (1) by consent of all the parties to the proceeding, whether or not the court is satisfied as required by subsection (1).

S. 34B inserted by No. 23/2021 s. 30.