sec.19ARemoval or reinstatement of requirement to comply with curfew direction or monitoring direction

### sec.19A Removal or reinstatement of requirement to comply with curfew direction or monitoring direction This section applies to a requirement of a supervision order or interim supervision order that a released prisoner comply with a curfew direction or monitoring direction. The court may, on application by the released prisoner, remove the requirement if the released prisoner satisfies the court on the balance of probabilities that the adequate protection of the community can be ensured without the requirement. An application under subsection (2) may only be made— for the first time, after 2 years from the date the requirement was included in the order; or if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided. At the hearing of the application, the chief executive may place before the court evidence of the released prisoner’s compliance, or noncompliance, with the order. The court must have regard to the evidence placed before it under subsection (4) in considering whether the adequate protection of the community can be ensured without the requirement. The court may, on application made at any time by the chief executive with the Attorney-General’s consent, reinstate a requirement of a supervision order or interim supervision order removed under this section. s 19A ins 2007 No. 35 s 3C (sec.19A-ssec.1) This section applies to a requirement of a supervision order or interim supervision order that a released prisoner comply with a curfew direction or monitoring direction. (sec.19A-ssec.2) The court may, on application by the released prisoner, remove the requirement if the released prisoner satisfies the court on the balance of probabilities that the adequate protection of the community can be ensured without the requirement. (sec.19A-ssec.3) An application under subsection (2) may only be made— for the first time, after 2 years from the date the requirement was included in the order; or if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided. (sec.19A-ssec.4) At the hearing of the application, the chief executive may place before the court evidence of the released prisoner’s compliance, or noncompliance, with the order. (sec.19A-ssec.5) The court must have regard to the evidence placed before it under subsection (4) in considering whether the adequate protection of the community can be ensured without the requirement. (sec.19A-ssec.6) The court may, on application made at any time by the chief executive with the Attorney-General’s consent, reinstate a requirement of a supervision order or interim supervision order removed under this section. - (a) for the first time, after 2 years from the date the requirement was included in the order; or - (b) if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided.