Crimes (Sentencing Procedure) Act 1999 No 92
Current version for 23 October 2014 to date (accessed 23 November 2014 at 08:06)
Part 8A

Part 8A Non-association and place restriction orders

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.
(2B)  The court must make a record of its reasons for making an order under subsection (1A) or (2A).
(2C)  The failure of a court to comply with subsection (2B) does not invalidate the order.
(3)  In this section, an offender’s close family includes:
(a)  the offender’s spouse or de facto partner, and
(b)  the offender’s parents, step-parents and grandparents, and
(c)  the offender’s children, step-children and grandchildren, and
(d)  the offender’s brothers and sisters, and step-brothers and step-sisters, and
(e)  the offender’s guardians or carers, and
(f)  in the case of an offender 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 offender according to the indigenous kinship system of the offender’s culture.
(4)  In this section:

health service means any medical, hospital, ambulance, paramedical, dental, community health or environmental health service or any other service (including any service of a class or description prescribed by the regulations) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons and whether provided as a public or private service.

welfare service means services (whether provided as public or private services) relating to the provision of housing, employment benefits, rental assistance or other financial assistance, family support and other community welfare services necessary for the promotion, protection, development and maintenance of the well-being of persons.

100B   Explanation of non-association and place restriction orders to offenders

(1)  Having made a non-association order or place restriction order in relation to an offender, a court must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand):
(a)  the offender’s obligations under the order, and
(b)  the consequences that may follow if the offender fails to comply with those obligations.
(2)  A non-association order or place restriction order is not invalidated by a failure to comply with this section.

100C   Commencement of non-association and place restriction orders

A non-association order or place restriction order commences:
(a)  on the date on which it is made, or
(b)  if it is stayed as a consequence of appeal proceedings but confirmed on appeal, whether expressly or impliedly, on the date on which it is confirmed.

100D   Suspension of non-association and place restriction orders while offenders in custody

(1)  An offender’s non-association order or place restriction order is suspended:
(a)  while the offender is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a) of the Crimes (Administration of Sentences) Act 1999), and
(b)  while the offender is under the immediate supervision of a public servant employed within the Department of Juvenile Justice pursuant to a condition of leave imposed under section 24 of the Children (Detention Centres) Act 1987.
(2)  The suspension of an offender’s non-association order or place restriction order does not operate to postpone the date on which the order comes to an end.

100E   Contravention of non-association and place restriction orders

(1)  An offender must not, without reasonable excuse, contravene a non-association order or place restriction order.

Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.

(2)  Without limiting subsection (1), it is a reasonable excuse for associating with a specified person in contravention of a non-association order if:
(a)  the offender did so in compliance with an order of a court, or
(b)  having associated with the specified person unintentionally, the offender immediately terminated the association.
(3)  Without limiting subsection (1), it is a reasonable excuse for frequenting or visiting a specified place or district in contravention of a place restriction order if the offender did so in compliance with an order of a court.

100F   Variation or revocation of non-association and place restriction orders following subsequent conviction

(1)  This section applies to an offender who is sentenced in respect of an offence (the new offence) while subject to a non-association order or place restriction order in respect of some other offence (the old offence).
(2)  When sentencing the offender for the new offence, the court may vary or revoke the non-association order or place restriction order for the old offence, regardless of whether the order was made by it or by some other court.

100G   Variation or revocation of non-association and place restriction orders on application

(1)  An offender who is subject to a non-association order or place restriction order may apply to the Local Court for variation or revocation of the order, regardless of whether the order was made by the Local Court or by some other court.
(2)  Such an 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)  Such an application may not be made except by leave of the Local Court, which leave may be granted only if it 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 refuse to entertain an application for leave if it is satisfied that the application is frivolous or vexatious.
(5)  If leave to make an application for variation or revocation of a non-association order is granted:
(a)  the Local Court must cause notice of the application to be served on the Commissioner of Police, and
(b)  the Commissioner of Police is entitled to appear and be heard in any proceedings on the application.
(6)  The Local Court may, at its discretion, deal with the application with or without the parties being present and in open court or in chambers.
(7)  The Local Court may dispose of the application:
(a)  by varying or revoking the non-association order or place restriction order in accordance with the application, or
(b)  by dismissing the application.
(8)  The Local Court’s decision on the application is final.

100H   Certain information not to be published or broadcast

(1)  A person must not publish or broadcast:
(a)  the fact that a named person (other than the offender) is specified in a non-association order pursuant to section 17A (2) (a), or
(b)  any information calculated to identify any such person.

Maximum penalty: 10 penalty units.

(2)  Subsection (1) does not apply to the disclosure of information to any of the following persons:
(a)  the offender,
(b)  any person specified in the non-association order as a person with whom the offender is prohibited or restricted from associating,
(c)  any member of the NSW Police Force,
(d)  any person involved in the administration of the non-association order or of any other penalty to which the offender is subject in relation to the same offence,
(e)  any person involved in proceedings for an alleged breach of the non-association order,
(f)  any other person specified in the non-association order as a person to whom such information may be disclosed,
(g)  any other person to whom such information is required to be disclosed pursuant to any other Act or law,
and does not apply to the publication or broadcasting of an official report of the proceedings of the court.
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