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Part 4 · Family Exclusion Orders and Family Visit Limits

36. Consideration of application to vary or revoke family exclusion order or family visit limit

(1)

For the purpose of considering whether to vary or revoke a family exclusion order or family visit limit under section 166(1)(a) of the Act, the Council must call for the record of proceedings and the grounds of decision relating to the family exclusion order or family visit limit if —

(a)

a family member for whose benefit a family exclusion order or family visit limit was made applies; or

(b)

permission has been granted for the family respondent to apply.

(2)

Before making any decision on the application, the Council must give a notice to —

(a)

the family respondent, if the application for variation or revocation was made by a family member;

(b)

the family member or members for whose benefit the family exclusion order or family visit limit was made, if the application was made by the family respondent; or

(c)

such other person as the Council considers necessary to make the decision on the application,inviting the family respondent, any family member or such other person (as the case may be) to make any written representation in relation to the application within such time as the notice may specify.

(3)

The Council may, in the course of considering the application for variation or revocation —

(a)

seek advice on any matter arising out of the application;

(b)

require the family respondent or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the application;

(c)

require the family respondent to undergo an assessment of harm caused by gambling, including a clinical assessment if necessary, by a suitably qualified person appointed by the Council for this purpose; or

(d)

require the family respondent to participate in a programme of counselling, rehabilitation or special education.

(4)

The Council must consider all the circumstances of the application before doing any of the things mentioned in section 166(2A)(a) to (d) of the Act.

Subregulation 1

For the purpose of considering whether to vary or revoke a family exclusion order or family visit limit under section 166(1)(a) of the Act, the Council must call for the record of proceedings and the grounds of decision relating to the family exclusion order or family visit limit if —

(a)

a family member for whose benefit a family exclusion order or family visit limit was made applies; or

(b)

permission has been granted for the family respondent to apply.

Subregulation 2

Before making any decision on the application, the Council must give a notice to —

(a)

the family respondent, if the application for variation or revocation was made by a family member;

(b)

the family member or members for whose benefit the family exclusion order or family visit limit was made, if the application was made by the family respondent; or

(c)

such other person as the Council considers necessary to make the decision on the application,inviting the family respondent, any family member or such other person (as the case may be) to make any written representation in relation to the application within such time as the notice may specify.

Subregulation 3

The Council may, in the course of considering the application for variation or revocation —

(a)

seek advice on any matter arising out of the application;

(b)

require the family respondent or any other person to answer any query or furnish any document which the Council considers relevant for the purpose of the application;

(c)

require the family respondent to undergo an assessment of harm caused by gambling, including a clinical assessment if necessary, by a suitably qualified person appointed by the Council for this purpose; or

(d)

require the family respondent to participate in a programme of counselling, rehabilitation or special education.

Subregulation 4

The Council must consider all the circumstances of the application before doing any of the things mentioned in section 166(2A)(a) to (d) of the Act.

Report

Part 5

Third Party Exclusion Orders and Third Party Visit Limits

Part 6

Self‑Exclusions and Voluntary Visit Limits

Part 7

Revocation