Community Protection (Offender Reporting) Regulations 2004

A reportable offender who is required by an order of the Commissioner to undergo assessment or treatment under section 94A(1) of the Act may request the Commissioner to authorise the reportable offender’s absence from assessment or treatment if —

the reportable offender has an illness or an injury which prevents them from undergoing the assessment or treatment; or

the reportable offender is otherwise unable to attend the assessment or treatment.

The Commissioner may authorise an absence in accordance with a request under subregulation (1)(a) if —

the reportable offender provides the Commissioner with a medical certificate from a medical practitioner —

describing the reportable offender’s illness or injury; and

stating the period of time in which the reportable offender is expected to be ill or injured;

the Commissioner is satisfied that the reportable offender is ill or injured; and

the Commissioner is satisfied that the illness or injury prevents the reportable offender from undergoing the assessment or treatment.

The Commissioner may authorise an absence in accordance with a request under subregulation (1)(b) if the Commissioner is satisfied that there are reasonable grounds for the absence.

A request made under subregulation (1) and an authorisation given under subregulation (2) or (3) must be in writing.

The Commissioner may authorise an absence under this regulation for the whole period of the assessment or treatment or for part of the period of assessment or treatment.

If required by the Commissioner to do so, a reportable offender making a request under this regulation must provide the Commissioner with further information in relation to the request.

The Commissioner may, by written notice given to the reportable offender, withdraw an authorisation given under subregulation (2) or (3).