sec.43ABAApplying for alteration of record of sex or recognised details certificate without permission

### sec.43ABA Applying for alteration of record of sex or recognised details certificate without permission A person who is a released prisoner must obtain the chief executive’s written permission before applying— to alter the record of sex of the person in the relevant child register under the registration Act; or for a recognised details certificate for the person under the registration Act; or to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person. Maximum penalty—20 penalty units or 6 months imprisonment. In deciding whether to give the permission, the chief executive must consider each of the following— the safety and welfare of the person and other persons; the person’s rehabilitation or care or treatment; whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose; whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime. Subsection (4) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (a) in altering the record of sex of the person under the registration Act . The chief executive may apply to the registrar under the registration Act for the cancellation of the alteration of record of sex. Subsection (6) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the registration Act . The chief executive may apply to the registrar under the registration Act for the cancellation of the recognised details certificate. s 43ABA ins 2023 No. 17 s 171 (sec.43ABA-ssec.1) A person who is a released prisoner must obtain the chief executive’s written permission before applying— to alter the record of sex of the person in the relevant child register under the registration Act; or for a recognised details certificate for the person under the registration Act; or to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person. Maximum penalty—20 penalty units or 6 months imprisonment. (sec.43ABA-ssec.2) In deciding whether to give the permission, the chief executive must consider each of the following— the safety and welfare of the person and other persons; the person’s rehabilitation or care or treatment; whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose; whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime. (sec.43ABA-ssec.3) Subsection (4) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (a) in altering the record of sex of the person under the registration Act . (sec.43ABA-ssec.4) The chief executive may apply to the registrar under the registration Act for the cancellation of the alteration of record of sex. (sec.43ABA-ssec.5) Subsection (6) applies if the chief executive becomes aware that a released prisoner has failed to comply with subsection (1) (b) in being issued with a recognised details certificate for the person under the registration Act . (sec.43ABA-ssec.6) The chief executive may apply to the registrar under the registration Act for the cancellation of the recognised details certificate. - (a) to alter the record of sex of the person in the relevant child register under the registration Act; or - (b) for a recognised details certificate for the person under the registration Act; or - (c) to alter the record of sex of the person under an equivalent law of another State providing for the alteration of the record of sex of the person; or - (d) for a recognised details certificate for the person under an equivalent law of another State providing for the issue of a recognised details certificate for the person. - (a) the safety and welfare of the person and other persons; - (b) the person’s rehabilitation or care or treatment; - (c) whether the chief executive reasonably believes the proposed alteration of record of sex or recognised details certificate could be used to further an unlawful activity or purpose; - (d) whether the proposed alteration of record of sex or recognised details certificate could be considered offensive to, or cause physical, mental or emotional harm to, a victim of a crime or an immediate family member of a deceased victim of a crime.