ACTIn ForceAct
Crimes (Child Sex Offenders) Act 2005
132EMatters court must consider before making prohibition
Start here
Get a plain-English read of 132E
Turn the raw legal text into a practical explanation grounded in Crimes (Child Sex Offenders) Act 2005.
132E Matters court must consider before making prohibition
order
(1) For section 132D (1) (d), the matters are as follows:
(a) for each registrable offence for which the person is a registrable
offender—
(i) the seriousness of the offence; and
(ii) the period since the offence was committed; and
(iii) the person’s and victim’s ages when the person committed
the offence, and the difference in age between the person
and victim;
(b) the person’s present age;
(c) the seriousness of the person’s criminal history;
(d) whether the level of risk that the person may commit another
registrable offence outweighs the effect of the order on the
person;
(e) the person’s circumstances, to the extent that they relate to the
conduct sought to be prohibited;
1 the person’s accommodation, employment, health, cultural and social
needs
2 the need to integrate the person into the community
(f) if the person is a young person—the person’s best interests,
including the person’s educational needs and access to family
members.
(2) The Magistrates Court may have regard to anything else the court
considers relevant.
criminal history, about a person, means—
(a) a finding of guilt against the person for a registrable offence or
relevant offence; and
(b) a charge made against the person for a registrable offence or
relevant offence, other than—
(i) a charge that has been withdrawn, discontinued or
dismissed; or
(ii) a charge for an offence for which the person was acquitted
or found guilty.
family member—see the Children and Young People Act 2008,
section 13.
relevant offence means any of the following offences (whether
committed in the ACT or elsewhere):
(a) a sexual offence;
(b) an offence against the person;
(c) an offence involving violence;
(d) an offence involving dishonesty or fraud;
(e) an offence relating to property;
(f) an offence relating to illegal drugs;
(g) an offence against an animal;
(h) any other offence the chief police officer considers relevant.