Part 2A Contact prohibition orders
In this Part:contact means to communicate in person or by any other means (including by post, facsimile, telephone and email or any other form of electronic communication).
contact prohibition order means an order prohibiting a person who is a registrable person in relation to a particular registrable offence from contacting:
(a) any victim of the registrable offence who is specified in the order, or(b) any person who was a co-offender in relation to that registrable offence who is specified in the order.
16B Commissioner of Police may apply for orders
An application may be made by the Commissioner of Police to the Local Court for a contact prohibition order against a registrable person if:(a) the Commissioner has reasonable grounds to suspect that the registrable person will seek to contact the victim or co-offender concerned, and(b) the registrable person is not subject to, and the Commissioner considers contact cannot be prevented by the making of, any of the following:(i) an extended supervision order under the Crimes (High Risk Offenders) Act 2006,(ii) a prohibition order under this Act,(iii) any court order prescribed by the regulations, and(c) the Commissioner is satisfied that there are sufficient grounds to justify the making of the application.Note. Part 4 of the Local Court Act 2007 sets out the procedures for the making and hearing of applications and confers rights of appeal against the granting of contact prohibition orders.
16C Local Court may make contact prohibition order
(1) The Local Court may make a contact prohibition order if it is satisfied that there are sufficient grounds for making the order.(2) The Local Court must specify the term (not exceeding 12 months) of the contact prohibition order.(3) A contact prohibition order takes effect:(a) when the order is made, or(b) if it is stayed under section 17A by a court to which an appeal is made but is confirmed on appeal (whether expressly or impliedly)—when it is confirmed.(4) This section does not limit the kinds of prohibition or restriction that may be imposed on a registrable person by means of any other order or direction under this Act.
16D Contact prohibition order not to restrict certain contacts
(1) The persons specified in a contact prohibition order as persons the registrable person must not contact may not include any member of the registrable person’s close family.(2) Despite subsection (1), a member of the registrable person’s close family may be specified in a contact prohibition order if, and only if, the Local Court considers that the following exceptional circumstances exist:(a) if the member of the family concerned was a victim of the registrable offence committed by the registrable person—it would be contrary to the best interests of the victim for contact to occur,(b) if the member of the family concerned was a co-offender in relation to the registrable offence committed by the registrable person—there is reasonable cause to believe (having regard to the ongoing nature and pattern of criminal activity of the registrable person) that there is a risk that contact could result in the registrable person being involved with the co-offender in the commission of a further registrable offence.(3) In determining the best interests of a victim under subsection (2) (a), the Local Court may take into account any wishes expressed by the victim.(4) The Local Court must make a record of its reasons for making an order under subsection (2).(5) The failure of the Local Court to comply with subsection (4) does not invalidate the order.(6) In this section, a registrable person’s close family includes:(a) the registrable person’s spouse or de facto partner, and(b) the registrable person’s parents, step-parents and grandparents, and(c) the registrable person’s children, step-children and grandchildren, and(d) the registrable person’s brothers and sisters, and step-brothers and step-sisters, and(e) the registrable person’s guardians or carers, and(f) in the case of a registrable person who is an Aboriginal person or a Torres Strait Islander—persons who are or have been part of the extended family or kin of the registrable person according to the indigenous kinship system of the registrable person’s culture.Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.
16E Variation or revocation of contact prohibition orders
(1) An application may be made to the Local Court by the Commissioner of Police or a person subject to a contact prohibition order for an order varying or revoking a contact prohibition order.(2) The application must be accompanied by a copy of the relevant order, together with any variations to it that have been made under this Part.(3) A person subject to a contact prohibition order may not make an application except by leave of the Local Court. Leave may be granted only if the Local Court is satisfied that, having regard to changes in the applicant’s circumstances since the order was made or last varied, it is in the interests of justice that leave be granted.(4) The Local Court may dispose of the application:(a) by varying or revoking the contact prohibition order, or(b) by dismissing the application.(5) For the purposes of an application under this section, the respondent to an application is:(a) in the case of an application made by the Commissioner of Police—the registrable person subject to the contact prohibition order, and(b) in the case of an application made by a registrable person subject to a contact prohibition order—the Commissioner of Police.
(1) If the Local Court makes a contact prohibition order, the Local Court must ensure that all reasonable steps are taken to explain to the registrable person (in language that the registrable person can readily understand):(a) the person’s obligations under the order, and(b) the consequences that may follow if the person fails to comply with those obligations.(2) An order is not invalidated by a failure to comply with subsection (1).
16G Contravention of contact prohibition order
(1) A registrable person who is subject to a contact prohibition order must not, without reasonable excuse:(a) contact or attempt to contact any victim or co-offender specified in the order, or(b) procure another person to contact or attempt to contact that victim or co-offender.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2) Without limiting subsection (1), it is a reasonable excuse for contacting a person in contravention of a contact prohibition order if:(a) the registrable person did so in compliance with an order of a court, or(b) having contacted the person unintentionally, the registrable person immediately terminated the contact, or(c) contact is made with a co-offender while the registrable person was in strict government custody within the meaning of the Child Protection (Offenders Registration) Act 2000.(3) A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under this section.(4) This section extends to an act contravening this section done outside Australia by a person resident or domiciled in the State.
16H Applications not to be determined in public
(1) Proceedings for an application under this Part must be heard in the absence of the public.(2) Despite subsection (1), the Local Court hearing the proceedings may, if it considers it to be appropriate, permit persons who are not parties to the proceedings or their legal or other representatives to be present during the hearing of the proceedings.