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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 13T
Making disqualification order instead of temporary order
(1) This section applies if— (a) a magistrate hearing an application for a
temporary order (the
"relevant application" ) for a person decides not to make the temporary order;
or
(b) a court hearing an application for an offender prohibition order (also
the
"relevant application" ) for a person— (i) has not made a final order for
the person; and
(ii) decides not to make a temporary order for the person
under section 13K .
(2) The magistrate or court must consider whether to make
an order (
"disqualification order" ) in relation to the person stating the person may
not— (a) hold a working with children authority; or
(b) make a working with
children check application.
(3) However, the magistrate or court may make the
disqualification order only if the magistrate or court considers it would not
be in the interests of children for the chief executive (justice) to issue a
working with children authority to the person.
(4) The following provisions
apply to the making of the disqualification order— (a) if the
relevant application is made under section 13I †” section 13J (3) to (7) ;
(b) if the relevant application is made under section 13K †” section 13K (4)
and (5) .
(5) The provisions mentioned in subsection (4) apply for that
subsection as if— (a) a reference in the provisions to the respondent were a
reference to the person; and
(b) a reference in the provisions to a temporary
order were a reference to the disqualification order.
(6) If the magistrate
or court makes the disqualification order in the person’s absence, a police
officer must serve the person with a copy of the disqualification order.
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