New South Wales Consolidated Acts

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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000

- As at 1 December 2018
- Act 42 of 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Definitions
   3AA.    Risk to sexual safety of children--meaning

   PART 2 - OFFENDERS TO WHOM ACT APPLIES

   3A.     Registrable persons
   3B.     Circumstances in which person ceases to be registrable person
   3C.     Discretion to treat child offender as non-registrable

   PART 2A - CHILD PROTECTION REGISTRATION ORDERS

   3D.     Child protection registration orders made during criminal proceedings
   3E.     Orders made after conclusion of criminal proceedings
   3F.     Orders made in relation to foreign offences and old offences
   3G.     Child protection registration orders made after grant of bail under Mental Health (Forensic Provisions) Act 1990

   PART 3 - REPORTING OBLIGATIONS

           Division 1 - Notices to be given

   4.      Notices to be given when persons sentenced for registrable offences
   4A.     Notices to be given when orders made for persons to comply with reporting obligations
   5.      Notices to be given when registrable person commences supervised sentence for registrable offence
   6.      Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority
   7.      Notices may be given by Commissioner of Police
   7A.     Notices to be given to registrable persons who enter New South Wales or are corresponding registrable persons
   7B.     Notice to be given when reporting obligations change
   7C.     Power of detention to enable notice to be given
   8.      Failure to comply with procedural requirements does not affect registrable person's obligations

           Division 2 - Initial report

   9.      Relevant personal information to be reported
   9A.     When initial report must be made
   9B.     When new initial report must be made by person whose previous reporting obligations have ceased
   9C.     Persons required to report under corresponding Act

           Division 3 - Ongoing reporting obligations

   10.     Registrable person must report annually
   11.     Registrable person must report changes to relevant personal information
   11A.    Intended absence from New South Wales to be reported
   11B.    Change of travel plans while out of New South Wales to be reported
   11C.    Registrable person to report return to New South Wales or decision not to leave
   11D.    Report of other absences from New South Wales
   11E.    Information concerning international travel to be given to the Australian Federal Police
   11F.    Intended change of place where registrable person generally resides

           Division 4 - Provisions applying to all reporting obligations

   12.     Where report is to be made
   12A.    How reports to be made
   12B.    Right to privacy and support when reporting
   12C.    Receipt of information to be acknowledged
   12D.    Additional matters to be provided
   12E.    Power to take fingerprints
   12F.    Power to take photographs
   12G.    Information to be given before obtaining fingerprints or photographs
   12H.    Retention of documents, fingerprints and photographs
   12I.    Reporting by remote offenders

           Division 5 - Modified reporting procedures for protected witnesses

   13.     Modified reporting procedures for protected witnesses
   13A.    Modification of ongoing reporting obligations

           Division 6 - Reporting period

   14.     When reporting obligations begin
   14A.    Length of reporting period
   14B.    Reduced period applies for young registrable persons
   14C.    Extended reporting period if registrable person still on parole
   14D.    (Repealed)

           Division 7 - Suspension and extension of reporting obligations

   15.     Suspension and extension of reporting obligations
   16.     NCAT may exempt persons from compliance with reporting obligations
   16A.    Cessation of order
   16B.    Application for new order

           Division 7A - Entry by police to residential premises

   16C.    Entry by police officers to verify residence

           Division 8 - Offences

   17.     Offence of failing to comply with reporting obligations
   18.     Offence of furnishing false or misleading information
   18A.    Bar to prosecution for failing to report leaving New South Wales

           Division 9 - Child Protection Register

   19.     Child Protection Register
   19A.    Restriction on who may access personal information on protected witnesses
   19B.    Registrable person's rights in relation to Child Protection Register
   19BA.   Exemption of certain agencies from privacy protection legislation

           Division 10 - Corresponding registrable persons--special provisions

   19BB.   Corresponding registrable persons
   19BC.   Reporting period for corresponding registrable person
   19BD.   Initial report

   PART 3A - CHANGE OF NAME

   19C.    Application of Part
   19D.    (Repealed)
   19E.    Applications for change of name by or on behalf of registrable person
   19F.    Approval by Commissioner of Police
   19G.    Registration of change of name
   19H.    Registrar may correct Register
   19I.    Information-sharing between Commissioner of Police and NSW Registrar

   PART 4 - MISCELLANEOUS

   20.     Exclusion of personal liability
   20A.    Application of reporting obligations to persons subject to child protection prohibition orders
   21.     Proceedings for offences
   21A.    Certificate evidence
   21B.    Time limit for prosecutions waived
   21C.    Effect of spent convictions
   21D.    Permitted disclosure of information concerning registrable persons
   21E.    Prohibited disclosure of information concerning registrable persons
   22.     Regulations
   23.     (Repealed)
   24.     Savings, transitional and other provisions
   25.     (Repealed)
   26.     Review of Act
           SCHEDULE 1
           SCHEDULE 2


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