132ZService of applications

132Z Service of applications (1) This section applies to an application for an order for a person under this chapter if a hearing will be held for the application. Note A hearing is not required to register a corresponding prohibition order without amendment (see s 132N). (2) A copy of the application must be— (a) personally served on the person; and (b) served on anyone else the court directs. Note For how orders may be served under par (b), see the Legislation Act, pt 19.5. (3) If the application relates to an order for a young person, the application must also be personally served on— (4) The application must be served as soon as practicable after— (a) if the return date set under section 132Y is not the day the application is made—the day the application is made; or (b) if the return date set under section 132Y is the day the application is made—the day the application has gone before the Magistrates Court and the court has set a further date for the application’s return before the court. 132ZA If personal service impractical or impossible (a) an application, order or other document must be personally served on a person under this chapter; and (b) personal service of the application, order or document is not reasonably practicable. (2) The Magistrates Court may order that the application, order or document be served in the way, stated in the order, that the court considers is likely to bring the application, order or document to the attention of the person required to be served. 132ZB Court may issue warrant for person’s arrest (a) an application for an order for a person under this chapter has been made to the Magistrates Court; and (b) a hearing will be held for the application; and (c) the court is satisfied that the person has been served with a copy of the application under section 132Z (Service of applications). (2) If the Magistrates Court considers it appropriate, the court may— (a) issue a warrant for the person to be arrested and brought before the court; and (b) adjourn the hearing of the application until the person is brought before the court. 132ZC Giving copy of order to person not before court (b) the person is not before the court when the order is made. (2) A police officer must personally serve on the person— (a) a copy of the order; and (b) if the order is a prohibition order or interim prohibition order— a notice stating that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction. (3) A failure to comply with this section in relation to an order revoking an order, or cancelling the registration of a registered corresponding prohibition order, does not affect the validity of the order. 132ZD Giving copy of order for young person etc (a) the Magistrates Court makes an order for a young person under this chapter on hearing the application for the order; and (b) the order is likely to result in the young person needing to change where the person lives. (2) The chief police officer must, as soon as practicable after the Magistrates Court makes the order, serve a copy of it on— (3) A failure to comply with this section does not affect the validity of 132ZE Explaining orders if person before court (b) the person is before the court when the order is made. (2) For an order, other than an order revoking or cancelling an order, the Magistrates Court must explain to the person— (a) the purpose, terms and effect of the order; and (b) any consequences that may follow if the person fails to comply with the order; and (c) that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction. (3) For an order revoking or cancelling an order, the Magistrates Court must explain to the person the effect of the order. (4) The Magistrates Court must explain the matters mentioned in subsection (2) or (3) in language likely to be readily understood by the person. (5) A failure to comply with this section does not affect the validity of 132ZF Explaining orders if person not before court (b) the person is not before the court when the order is made; and (c) the chief police officer is required to personally serve a copy of the order on— (i) the person; or (ii) if the person is a young person—the person with parental responsibility for the young person. (2) For an order, other than an order revoking or cancelling an order, the police officer serving the copy of the order must, as far as is practicable in the circumstances, explain to the person— (a) the purpose, terms and effect of the order; and (b) any consequences that may follow if the person against whom the order is made fails to comply with the order; and (c) that, if a law of a foreign jurisdiction provides for registration of the order in the jurisdiction, the order may be registered in the jurisdiction. (3) For an order revoking or cancelling an order, the police officer must, as far as is practicable in the circumstances, explain to the person the effect of the order. (4) The police officer must explain the matters mentioned in subsection (2) or (3) in language likely to be readily understood by the person. (5) A failure to comply with this section does not affect the validity of 132ZG Proceedings for orders to be closed to public (1) This section applies in relation to a proceeding on an application for an order for a person (the relevant person) under this chapter. (2) The application must be heard in the absence of the public. (3) However, the Magistrates Court may, if it considers it appropriate, order that a person other than the relevant person, chief police officer or lawyer representing the relevant person or chief police officer may be present. 132ZH Offences—prohibition of publication of identity (1) A person commits an offence if the person— (a) publishes protected identity information about a protected person in relation to a proceeding on an application for an order for the person under this chapter; and (b) intentionally publishes the information. Maximum penalty: 100 penalty units, imprisonment for 1 year or (2) A person commits an offence if the person— (a) publishes protected identity information about a protected person in relation to a proceeding on an application for an order for the person under this chapter; and (b) is reckless about whether the information is protected identity information about the protected person. (3) It is a defence to a prosecution for an offence against this section if the protected person— (a) is not a young person; and (b) consented to the publication of the protected identity information about himself or herself before the publication happened. Note The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59). Offences Part 5A.8 (4) In this section: protected identity information, about a protected person, means the (a) the person’s name; (b) information about the private, business or official address, email address or telephone number of the person, or that would allow those contact details to be worked out; (c) information that discloses the identity of the person, or would allow the identity of the person to be worked out. protected person, in relation to a proceeding on an application for an order for a person under this chapter, means— (a) the person; or (b) a victim of a registrable offence committed by the person; or (c) a person mentioned in the proceeding as a person at risk (however described) because of conduct that is proposed to be, or is, prohibited under the order. publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information. Note The Criminal Code includes an offence for publishing identifying information about children or young people the subject of a childrens proceeding (see s 712A). 132ZI Offence—contravention of prohibition order etc (1) A person commits an offence if–– (a) a prohibition order or interim prohibition order is in force for a person; and (b) the person contravenes the order; and (c) the person is reckless about whether the person is contravening (2) Subsection (1) does not apply to a person if the person has a reasonable excuse for contravening the order. Note 1 The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). Note 2 For the matters relevant to the defence of reasonable excuse under this section, see s 132ZK. 132ZJ Offence—contravention of registered corresponding (1) A person commits an offence if–– (a) a registered corresponding prohibition order is in force for a person; and (b) the person contravenes the registered corresponding prohibition (c) the person is reckless about whether the person is contravening the registered corresponding prohibition order. (2) Subsection (1) does not apply to a person if the person has a reasonable excuse for contravening the registered corresponding prohibition order. mentioned in s (2) (see Criminal Code, s 58). Offences Part 5A.8 132ZK Matters relevant to reasonable excuse defence In deciding whether a person has a reasonable excuse for contravening a prohibition order or interim prohibition order under section 132ZI, or a registered corresponding prohibition order under section 132ZJ, the court must have regard to the following: (a) the person’s age; (b) whether the person had, at the time of the contravention, a disability that affected the person’s ability to understand, or to comply with, the order; (c) whether the form of notice given to the person about the order was adequate to tell the person about the person’s obligations under the order, having regard to the person’s circumstances; Part 5A.9 Obtaining and disclosing particular information 132ZL Meaning of government agency—pt 5A.9 government agency means— (a) the public service; or (b) a public sector body; or (c) a territory instrumentality. 132ZM Chief police officer may require information about person (1) This section applies if the chief police officer is considering making an application for an order for a person that may be made under this chapter. (2) The chief police officer may direct a government agency in writing to give the chief police officer any information— (a) held by the government agency; and (b) that the chief police officer considers to be reasonably necessary to assess whether the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally. (3) The direction must state the day by which the information must be (4) The government agency must give the chief police officer the information sought in the direction. Note The Legislation Act, s 171 deals with the application of client legal privilege. (5) However, the government agency need not give personal health information in a health record under the Health Records (Privacy and Access) Act 1997. Note 1 See the Health Records (Privacy and Access) Act 1997, privacy principle 10 for the limits on disclosure of personal health information. In particular, a record keeper may disclose a personal health record if the record keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent risk to the life or physical, mental or emotional health of someone. Note 2 The chief police officer may delegate a function under this section (see 132ZN Chief police officer may give information about order to prescribed entities (1) The chief police officer may give a prescribed entity the following information about an order for a person under this chapter: (a) the person’s name and date of birth; (b) the term of the order; (c) the conduct by the person that the order prohibits; (d) anything else the chief police officer reasonably considers is necessary to allow the prescribed entity to identify the person to ensure the safety of— (i) a child or children in the prescribed entity’s care; or (ii) the person. a photograph of the person (2) If the chief police officer gives information under this section about an order to a prescribed entity and the order is later amended or revoked, or registration cancelled, the chief police officer must give the prescribed entity written notice of the amendment, revocation or cancellation as soon as practicable. (3) In giving information to a prescribed entity under this section, the chief police officer must tell the entity, in writing, about the person’s obligations under section 132ZP (Offence—prescribed entities and people with parental responsibility to keep information secret). (4) In this section: prescribed entity means an entity prescribed by regulation. 132ZO Chief police officer may give information about order to person with parental responsibility for child at risk (1) The chief police officer may give information about an order for a person under this chapter to a person who has parental responsibility for a child or children protected by the order. (2) However, the chief police officer must only give information under subsection (1) if the officer considers on reasonable grounds that it is necessary and appropriate to reduce a risk to the lives or sexual safety of the child or children. (3) In giving information to a person under this section, the chief police officer must tell the person, in writing, about the person’s obligations under section 132ZP (Offence—prescribed entities and people with parental responsibility to keep information secret). 132ZP Offence—prescribed entities and people with parental responsibility to keep information secret person to whom this section applies means— (a) an entity to whom information (protected information) is given under section 132ZN (Chief police officer may give information about order to prescribed entities); or (b) a person to whom information (also protected information) is given under section 132ZO (Chief police officer may give information about order to person with parental responsibility for child at risk). (2) A person to whom this section applies commits an offence if— (a) the person— (b) the person— (3) Subsection (2) does not apply if the record is made, or the protected information is divulged, under this Act or another territory law. mentioned in s (3) (see Criminal Code, s 58). information about a person by a prescribed entity to a staff member of the entity to allow the staff member to identify the person to ensure the safety of— (a) a child or children in the entity’s care; or (b) the person. mentioned in s (4) (see Criminal Code, s 58). (5) Subsection (2) does not apply to the divulging of protected information about a person with the person’s consent. mentioned in s (5) (see Criminal Code, s 58). (6) Subsection (2) does not apply if the protected information is divulged for law enforcement functions or activities and then only to an entity mentioned in s (6) (see Criminal Code, s 58). (7) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law. 132ZQ CYP director-general to be given information about (1) This section applies if the CYP director-general is asked for a CYP director-general’s report for a young person. (2) The CYP director-general may ask a government agency in writing to give the CYP director-general any information— (a) held by the government agency; and (b) relevant for the report. (3) The request must state the day by which the information is to be (4) The government agency must give the CYP director-general the information requested. Note The Legislation Act, s 171 deals with the application of client legal privilege. (5) However, the government agency need not give personal health information in a health record under the Health Records (Privacy and Access) Act 1997. Note See the Health Records (Privacy and Access) Act 1997, privacy principle 10 for the limits on disclosure of personal health information. In particular, a record keeper may disclose a personal health record if the record keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent risk to the life or physical, mental or emotional health of someone. 132ZR Certain material may be kept (1) This section applies if the following (the relevant material) has been obtained by the chief police officer in relation to an order for a person under this chapter: (a) copies of documents; (b) fingerprints; (c) photographs. (2) The chief police officer may, during the person’s reporting period, keep the relevant material for law enforcement, crime prevention or child protection purposes. (3) At the end of the person’s reporting period, the chief police officer must ensure that any item of relevant information is destroyed. Appeals to Supreme Court Part 5A.10 132ZS Meaning of appealable decision—pt 5A.10 appealable decision means a decision of the Magistrates Court to— (a) make or refuse to make a prohibition order; or (b) make or refuse to make an order amending or revoking a prohibition order; or (c) register or refuse to register a corresponding prohibition order, including an order amended under section 132P; or (d) make or refuse to make an order amending or cancelling the registration of a registered corresponding prohibition order. 132ZT Appeals to Supreme Court (1) A person may appeal to the Supreme Court against an appealable decision if the person was a party to the proceeding in which the decision was made. (2) The person must file a notice of appeal (the notice of appeal) with the Supreme Court not later than 21 days after— (a) if the appealable decision is the registration of a corresponding prohibition order under section 132N—the day the registration notice is served on the person against whom the corresponding prohibition order is made; or (b) if the appealable decision is another order for a person under this chapter and the person was not before the court when the order was made—the day the order was served on the person against whom the order was made; or (c) in any other case—the day the appealable decision is made. (3) However, the Supreme Court may allow a person to file a notice of appeal after the period mentioned in subsection (2) if satisfied that it is appropriate to do so. Note See the Court Procedures Rules 2006, pt 5.3 (Appeals to Supreme Court). 132ZU Powers of Supreme Court on appeal On an appeal, the Supreme Court may— (a) confirm, reverse or amend the appealable decision appealed from; or (b) make the decision or order that, in all the circumstances, it considers appropriate; or (c) refuse to make an order; or (d) set aside the appealable decision appealed from, completely or partly, and remit the proceedings to the Magistrates Court for further hearing, subject to the directions the Supreme Court considers appropriate. Notification and review of decisions Chapter 5B Chapter 5B Notification and review of decisions 132ZV Meaning of reviewable decision—ch 5B reviewable decision means a decision mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 132ZW Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice only to the person mentioned in schedule 3, column 4 in relation to the decision. Note For how documents may be given, see the Legislation Act, pt 19.5. 132ZX Applications for review The person mentioned in schedule 3, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision. 133 Approved forms (1) The director-general may approve forms for this Act. (2) If the director-general approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument.