Child Protection (Offenders Registration) Regulation 2015 (2015-422) (NSW)

Child Protection (Offenders Registration) Regulation 2015

Part 1 Preliminary

1 Name of Regulation This Regulation is the Child Protection (Offenders Registration) Regulation 2015.

2 Commencement This Regulation commences on 1 September 2015 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Child Protection (Offenders Registration) Regulation 2009, which is repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation: correctional patient has the same meaning as in the Mental Health (Forensic Provisions) Act 1990. Pre-Trial Diversion of Offenders Program has the same meaning as in the Pre-Trial Diversion of Offenders Act 1985. statutory notice means a written notice that, under section 4, 4A, 5, 6, 7 or 7A of the Act, is required to be given to a registrable person in relation to: (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations. the Act means the Child Protection (Offenders Registration) Act 2000.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Definition of "supervising authority" For the purposes of the definition of supervising authority in section 3 (1) of the Act, the following authorities are prescribed: (a) the Director of the Pre-Trial Diversion of Offenders Program, in relation to any registrable person who is participating in that Program, (b) the Secretary of the Department of Justice, in relation to any registrable person who is: (i) an inmate, or (ii) an existing licensee, or (iii) a detainee, or (iv) subject to an intensive correction order, community correction order, conditional release order or good behaviour bond under the Crimes (Sentencing Procedure) Act 1999, or (v) subject to an extended supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017, or (vi) subject to any of the following that requires the person to submit to the supervision of the Secretary of the Department of Justice or of another employee of the Department of Justice: (A) an order under section 33 of the Children (Criminal Proceedings) Act 1987, (B) a condition of parole under the Crimes (Sentencing Procedure) Act 1999, the Crimes (Administration of Sentences) Act 1999 or the Parole Orders (Transfer) Act 1983, (C) an order made by a foreign court, (c) the Secretary of the Ministry of Health, in relation to any registrable person who is a forensic patient, (d) the Commissioner of Corrective Services NSW, in relation to any registrable person who is a correctional patient.