100ANon-association and place restriction orders not to restrict certain associations or activities

100A Non-association and place restriction orders not to restrict certain associations or activities

100A Non-association and place restriction orders not to restrict certain associations or activities

(1) The persons specified in a non-association order as persons with whom the offender must not associate may not include any member of the offender’s close family.

(1A) Despite subsection (1), a member of the offender’s close family may be specified in a non-association order if, and only if, the court considers that exceptional circumstances exist because there is reasonable cause to believe, having regard to the ongoing nature and pattern of criminal activity in which the member and the offender have both participated, that there is risk that the offender may be involved in conduct that could involve the commission of a further offence of the kind to which section 17A applies if the offender associates with that member.

(2) The places or districts specified in a place restriction order as places or districts that the offender must not frequent or visit may not include—

(a) the offender’s place of residence or the place of residence of any member of the offender’s close family, or

(b) any place of work at which the offender is regularly employed, or

(c) any educational institution at which the offender is enrolled, or

(d) any place of worship at which the offender regularly attends, or

(e) any place at which the offender regularly receives a health service or a welfare service, or

(f) any place at which the offender is provided with legal services by an Australian legal practitioner or by an organisation employing or otherwise using at least one Australian legal practitioner to provide such services,

as at the time the order is made.

(2A) Despite subsection (2), a place or district referred to in that subsection may be specified in a place restriction order if, and only if, the court considers that exceptional circumstances exist because there is reasonable cause to believe, having regard to the ongoing nature and pattern of participation of the offender in criminal activity occurring at that place or district, that there is risk that the offender may be involved in conduct that could involve the commission of a further offence of the kind to which section 17A applies if the offender frequents or visits that place or district.