Child Protection (Offenders Registration) Act 2000 (NSW)

Child Protection (Offenders Registration) Act 2000 No 42

An Act with respect to registration and reporting requirements for certain offenders who commit sexual and other serious offences against children; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Child Protection (Offenders Registration) Act 2000.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2A Objects of Act The objects of this Act are— (a) to protect children from serious harm (including physical and psychological harm caused by physical or sexual assault), and (b) to ensure the early detection of offences by recidivist child sex offenders, and (c) to monitor persons who are registrable persons, and (d) to ensure that registrable persons comply with this Act.

3 Definitions (1) In this Act— child means any person who is under the age of 18 years. child abuse material has the same meaning as it has in section 91FB of the Crimes Act 1900. child protection registration order means an order made under Part 2A, and includes a corresponding child protection registration order. Class 1 offence means— (a) the offence of murder, where the person murdered is a child, or (b) an offence that involves sexual intercourse with a child (other than an offence that is a Class 2 offence), or (c) an offence against section 66EA of the Crimes Act 1900, or (d) an offence against section 272.8, 272.10 (if it relates to an underlying offence against section 272.8) or 272.11 of the Criminal Code of the Commonwealth, or an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth if it relates to another Class 1 offence as elsewhere defined in this section, or (d1) an offence against section 80A of the Crimes Act 1900, where the person against whom the offence is committed is a child, or (e) any offence under a law of a foreign jurisdiction that, if it had been committed in New South Wales, would have constituted an offence of a kind listed in this definition, or (f) an offence under a law of a foreign jurisdiction that the regulations state is a Class 1 offence, or (g) an offence an element of which is an intention to commit an offence of a kind listed in this definition, or (h) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition, or (i) an offence that, at the time it was committed— (i) was a Class 1 offence for the purposes of this Act, or (ii) in the case of an offence occurring before the commencement of this definition, was an offence of a kind listed in this definition. Class 2 offence means— (a) the offence of manslaughter (other than manslaughter as a result of a motor vehicle accident), where the victim of the manslaughter is a child, or (a1) an offence that involves sexual touching or a sexual act against or in respect of a child, being an offence that is punishable by imprisonment for 12 months or more, or (a2) an offence under section 33 (1) of the Crimes Act 1900, where the person against whom the offence is committed is a child under 10 years of age and the person committing the offence is not a child, or (a3) an offence under section 66EB or 66EC of the Crimes Act 1900, or (b) an offence under section 86 of the Crimes Act 1900, where the person against whom the offence is committed is a child, except where the person found guilty of the offence was, when the offence was committed or at some earlier time, a parent or carer of the child, or (c) an offence under section 80D or 80E of the Crimes Act 1900, where the person against whom the offence is committed is a child, or (c1) an offence under section 87 of the Crimes Act 1900, where the person committing the offence has never had parental responsibility (within the meaning of that section) for the child who is taken or detained, or (d) an offence under section 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900 (other than an offence committed by a child prostitute), or (e) (Repealed) (f) an offence under section 91J, 91K or 91L of the Crimes Act 1900 where the person who was being observed or filmed as referred to in those sections was then a child, or (g) an offence against section 271.4, 271.7, 272.9, 272.10 (if it relates to an underlying offence against section 272.9), 272.11, 272.12, 272.13, 272.14, 272.15, 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 471.26, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26, 474.27 or 474.27A of the Criminal Code of the Commonwealth, or an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth if it relates to another Class 2 offence as elsewhere defined in this section, or (h) an offence against section 270.6 or 270.7 of the Criminal Code of the Commonwealth where the person against whom the offence is committed is a child, or (i) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material, or (j) any offence under a law of a foreign jurisdiction that, if it had been committed in New South Wales, would have constituted an offence of a kind listed in this definition, or (k) an offence under a law of a foreign jurisdiction that the regulations state is a Class 2 offence, or (l) an offence an element of which is an intention to commit an offence of a kind listed in this definition, or (m) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition, or (n) an offence that, at the time it was committed— (i) was a Class 2 offence for the purposes of this Act, or (ii) in the case of an offence occurring before the commencement of this definition, was an offence of a kind listed in this definition. community correction order means a community correction order under the Crimes (Sentencing Procedure) Act 1999. community service order means a community service order under the Crimes (Sentencing Procedure) Act 1999 or a children's community service order under the Children (Community Service Orders) Act 1987. conditional release order means a conditional release order under the Crimes (Sentencing Procedure) Act 1999. corresponding Act means a law of a foreign jurisdiction— (a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period, and (b) that the regulations state is a corresponding Act for the purposes of this Act. corresponding child protection registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding child protection registration order for the purposes of this Act. corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act. corresponding registrable person—see section 19BB. corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner of Police under this Act. court includes any Magistrate exercising functions under the Criminal Procedure Act 1986, and also includes a court (however described) of a foreign jurisdiction. detainee means a person who— (a) is a detainee within the meaning of the Children (Detention Centres) Act 1987, or (b) is absent from a detention centre pursuant to an order in force under section 24 of that Act. disability has the same meaning as it has in the Anti-Discrimination Act 1977. existing controlled person means a person who, immediately before the commencement of this section— (a) was subject to a sentence of imprisonment in respect of a registrable offence, including— (i) a term of imprisonment the subject of an intensive correction order, home detention order or sentence suspension order, and (ii) a term of imprisonment in respect of which the person was on release on parole under strict supervision, but not including a term of imprisonment in respect of which the person was on release on parole otherwise than under strict supervision, or (b) was a forensic patient in respect of a registrable offence, or (c) was an existing licensee in respect of a registrable offence, or (d) was participating in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985 in respect of a registrable offence, or (e) was the subject of a community service order in respect of a registrable offence, or (f) was subject to a good behaviour bond in respect of a registrable offence, being a bond under which the person was required to submit to strict supervision, whether under the laws of New South Wales or (in whatever terms expressed) under the laws of a foreign jurisdiction. existing licensee means a person who is— (a) the holder of an existing licence within the meaning of clause 22 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999, or (b) the holder of a licence under section 7 of the Habitual Criminals Act 1957, or (c) the holder of any equivalent licence granted under the laws of a foreign jurisdiction, being a person who is for the time being required by the conditions of the licence to submit to strict supervision. finding of guilt—see subsection (2). foreign jurisdiction means a jurisdiction other than New South Wales (including jurisdictions outside Australia). foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses. forensic patient means a person who is subject to an order of detention under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a result of a limiting term being imposed on the person, or the person being subject to a special verdict of act proven but not criminally responsible, under that Act. good behaviour bond means a good behaviour bond under the Crimes (Sentencing Procedure) Act 1999, and includes a good behaviour bond referred to in section 33 (1) (b) of the Children (Criminal Proceedings) Act 1987. government custody means— (a) custody as an inmate or detainee, and includes custody as a forensic patient where the order under section 33(1), 61(2) or 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, as originally made, requires the patient to be kept in strict government custody, or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a). home detention order means a home detention order under the Crimes (Sentencing Procedure) Act 1999. inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. intensive correction order means an order referred to in section 7 of the Crimes (Sentencing Procedure) Act 1999. interstate Registrar means an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. NSW Registrar means the Registrar within the meaning of the Births, Deaths and Marriages Registration Act 1995. parole order means a parole order within the meaning of the Crimes (Administration of Sentences) Act 1999, and includes any equivalent order made under the laws of a foreign jurisdiction. Register means the Child Protection Register established under section 19. registrable offence means an offence that is— (a) a Class 1 offence, or (b) a Class 2 offence, or (c) an offence that results in the making of a child protection registration order. registrable person—see section 3A. relevant personal information—see section 9. reporting obligations, in relation to a registrable person, means the obligations imposed on the person by Part 3. reporting period means the period, as determined under Division 6 of Part 3, during which a registrable person must comply with the person's reporting obligations. sentence includes the following— (a) any order under section 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that causes a person to be kept in custody or an order of detention under section 33(1) or 61(2) of that Act, (b) any order under section 33 (1) of the Children (Criminal Proceedings) Act 1987, (c) any action taken under section 10A of the Crimes (Sentencing Procedure) Act 1999, (d) any undertaking under section 23 of the Pre-Trial Diversion of Offenders Act 1985, (e) any sentence or equivalent order or undertaking imposed under the laws of a foreign jurisdiction. sentence suspension order means an order under section 12 of the Crimes (Sentencing Procedure) Act 1999. sexual act, sexual intercourse and sexual touching have the same meanings as in Division 10 of Part 3 of the Crimes Act 1900. strict government custody, in relation to a registrable person, means custody as an inmate, detainee or forensic patient, but does not include such custody if the person— (a) is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise, and (b) is not at all such times under the immediate supervision of an officer of a supervising authority or other person having custody of the person. strict supervision means supervision by— (a) the Commissioner of Corrective Services or an officer employed within the Department of Corrective Services, or (b) the Director-General of the Department of Juvenile Justice or an officer employed within that Department, or (c) the Director-General of the Department of Health or an officer employed within that Department, or supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a)–(c). supervised sentence means— (a) a sentence of imprisonment the subject of an intensive correction order or home detention order, or (b) a community service order or community correction order, or (c) a good behaviour bond or conditional release order under which the person is required to submit to strict supervision, or (d) an order of detention under section 33(1), 61(2) or 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, other than an order that, as originally made, requires the person to be kept in strict government custody. (e) (Repealed) supervising authority, in relation to a registrable person, means an authority prescribed by the regulations as the authority having control of the person. witness protection program has the same meaning as it has in the Witness Protection Act 1995.