sec.357Disqualification order

sec.357 Disqualification order

This section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child. The court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order ) in relation to the person stating that— the person may not hold a working with children authority, or make a working with children check application, for a stated period; or the person may never hold a working with children authority or make a working with children check application. However, the court may make a disqualification order under subsection (2) (a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a working with children authority to the person. The person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction. In this section— Crown prosecutor includes— the Attorney-General; and the director of public prosecutions; and another person, other than a police officer, appearing for the State. prosecutor means— in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court— a police officer; or a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or a Crown prosecutor; or otherwise—a Crown prosecutor. s 357 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 59 ; 2024 No. 50 s 110 (sec.357-ssec.1) This section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child. (sec.357-ssec.2) The court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order ) in relation to the person stating that— the person may not hold a working with children authority, or make a working with children check application, for a stated period; or the person may never hold a working with children authority or make a working with children check application. (sec.357-ssec.3) However, the court may make a disqualification order under subsection (2) (a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a working with children authority to the person. (sec.357-ssec.4) The person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction. (sec.357-ssec.5) In this section— Crown prosecutor includes— the Attorney-General; and the director of public prosecutions; and another person, other than a police officer, appearing for the State. prosecutor means— in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court— a police officer; or a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or a Crown prosecutor; or otherwise—a Crown prosecutor.