New South Wales: 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. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (1A) Except in so far as the context or subject-matter otherwise indicates or requires or as the regulations provide that this subsection not have effect, a reference in this Act to the Crimes (Sentencing Procedure) Act 1999 is a reference to that Act as in force at any time (whether before, on or after the commencement of this subsection). This subsection does not affect the meaning or construction of references to any other Act mentioned in this Act. Note— The principal purpose of this subsection is to make it clear that references to orders and bonds under the Crimes (Sentencing Procedure) Act 1999 extend to orders and bonds under that Act as in force at any time. (2) For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following— (a) a court making a formal finding of guilt in relation to the offence, (b) a court convicting the person of the offence, where there has been no formal finding of guilt before conviction, (c) a court accepting a plea of guilty from the person in relation to the offence, (d) a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or under equivalent provisions of the laws of a foreign jurisdiction, (e) a verdict under section 59(1)(b), (c) or (d) or of act proven but not criminally responsible under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, or under equivalent provisions of the laws of a foreign jurisdiction. (2A) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. (3) For the purposes of this Act, offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person. (4) For the purposes of this Act, a person who is absent from a detention centre pursuant to an order in force under section 23 or 24 of the Children (Detention Centres) Act 1987 is taken to be in custody. (5) For the purposes of this Act, section 579 of the Crimes Act 1900 does not apply to or in respect of a registrable offence. (6) For the purposes of this Act, a registrable person has a special need if— (a) the person has impaired intellectual functioning, that is, the person has— (i) total or partial loss of the person's mental functions, or (ii) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or (iii) a disorder, illness or disease that affects the person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour, or (b) the person is subject to a guardianship order (within the meaning of the Guardianship Act 1987), or (c) the person is illiterate, or is not literate in the English language, or (d) the person is visually impaired to the extent that the person is unable to read a written notice, or (e) the person is subject to some other condition that may prevent the person from being able to understand a written notice. (7) A reference to sexual touching or a sexual act in this Act does not include a reference to an offence that only involves indecent exposure. (8) A reference to doing a thing "in person" in this Act is a reference to doing the thing by personal attendance at a place, it is not sufficient to attend the place by telephone or by any other electronic means. (9) Notes included in this Act do not form part of this Act. 3AA Risk to sexual safety of children—meaning (1) For the purposes of this Act, a person poses a risk to the lives or sexual safety of one or more children, or of children generally if there is a risk that the person will engage in conduct that may constitute a Class 1 offence or a Class 2 offence against or in respect of a child or children. (2) In order for a court to be satisfied that a person poses a risk to the lives or sexual safety of one or more children, or of children generally, it is not necessary for the court to be able to identify a risk to particular children, or a particular class of children. (3) A court is to take the following into account in determining whether a person poses a risk to the lives or sexual safety of one or more children, or of children generally— (a) the seriousness of each registrable offence committed by the person, (b) the age of the person at the time each of those offences was committed, (c) the age of each victim of each of those offences at the time that the offence was committed, (d) the seriousness of any other offences committed by the person, (e) the impact on the person if the order being sought is made compared with the likelihood that the person may commit a registrable offence, (f) any other matter that the court considers to be relevant. Part 2 Offenders to whom Act applies 3A Registrable persons (1) A registrable person is a person whom a court has at any time (whether before, on or after the commencement of this section) sentenced in respect of a registrable offence, and includes a corresponding registrable person. (2) Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person— (a) is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or (b) (Repealed) (c) as a child committed— (i) a single offence involving sexual touching or a sexual act, or (ii) a single offence under section 91H of the Crimes Act 1900 or an offence of producing, disseminating or possessing child abuse material (in whatever terms expressed) under the laws of a foreign jurisdiction, or (iii) a single offence under section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900, or (iv) a single offence (including an offence committed under the laws of a foreign jurisdiction) that falls within a class of offence the regulations prescribe for the purposes of this subparagraph, or (v) a single offence an element of which is an intention to commit an offence of a kind listed in this paragraph, or (vi) a single offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this paragraph, or Note— Savings and transitional provisions in Schedule 2 provide that references to certain offences in this paragraph are taken to include references to certain earlier offences under provisions that have since been repealed. (d) is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person. (3) A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this section. (4) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child protection registration order. (5) A reference to a single offence in this section includes a reference to more than one offence of the same kind arising from the same incident. 3B Circumstances in which person ceases to be registrable person A person ceases to be a registrable person if— (a) the finding of guilt against the person for the only offence that makes the person a registrable person is quashed or set aside by a court, or (b) the person's sentence in respect of that offence is reduced or altered so that the person would not have been a registrable person had the amended sentence been the original sentence, or (c) the person is a registrable person only because the person is subject to a child protection registration order and that order is quashed on appeal or otherwise ceases to have effect under this Act. 3C Discretion to treat child offender as non-registrable (1) A court that sentences a person for a sexual offence committed by the person when the person was a child may make an order declaring that the person is not to be treated as a registrable person for the purposes of this Act in respect of that offence. (2) While the order remains in force, the person is not a registrable person under this Act because of that offence. (3) A court may make an order under this section only if— (a) the victim of the offence was under the age of 18 years at the time that the offence was committed, and (b) the person has not previously been convicted of any other Class 1 offence or Class 2 offence, and (c) the court does not impose in respect of the offence— (i) a sentence of full-time detention, or (ii) a control order (unless the court also, by order, suspends the execution of the control order), and (d) the court is satisfied that the person does not pose a risk to the lives or sexual safety of one or more children, or of children generally. (4) This section applies only if the sexual offence concerned is a registrable offence and does not limit section 3A (2) (c) as it applies to offences committed by children. (5) If an order is made under this section, the order is taken, for the purpose of any provisions that enable the Crown or a prosecutor to appeal against a sentence imposed on the person, to be a part of the person's sentence. (6) In this section— control order means an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987. full-time detention has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. sexual offence means the following offences regardless of when the offence occurred— (a) an offence under a provision of Division 10, 10A, 15 or 15A of Part 3 of the Crimes Act 1900 or under section 91J, 91K or 91L of that Act, (b) an offence under a provision of that Act set out in Column 1 of Schedule 1A to that Act, (c) an offence under section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or child abuse material, (d) an offence under Subdivision D of Division 474 of Part 10.6 of the Criminal Code of the Commonwealth, (e) an offence of attempting to commit any offence referred to in paragraphs (a)–(d), (f) an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)–(e). Part 2A Child protection registration orders 3D Child protection registration orders made during criminal proceedings (1) If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence, it may order that the person comply with the reporting obligations of this Act. (2) A court may make an order under this section only if— (a) the court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and (b) the court imposes a sentence on the person in relation to the offence (other than an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987), and (c) an application for the imposition of the order is made by the prosecution. Note— The effect of subsection (2) (b) is to prevent a child protection registration order being made in certain circumstances if an order is made dismissing the charge or conditionally discharging the offender. (3)–(5) (Repealed) (6) For the purposes of Division 6 of Part 3, a person subject to an order under this section is deemed to have been found guilty of a Class 2 offence. (7) (Repealed) 3E Orders made after conclusion of criminal proceedings (1) The Local Court may, on application by the Commissioner of Police, order a person who has been sentenced by a court of New South Wales in respect of an offence that is not a Class 1 offence or a Class 2 offence to comply with the reporting obligations under this Act. (2) The Local Court may make an order under this section only if— (a) the Court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and (b) the sentence imposed on the person in respect of the offence was not an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or under section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987. Note— The effect of subsection (2) (b) is to prevent a child protection registration order being made if an order is made dismissing the charge or conditionally discharging the offender. (3) An application for an order under this section must be made within 60 days after the person with respect to whom the order is sought is sentenced for the relevant offence. (4) For the purposes of Division 6 of Part 3, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made. 3F Orders made in relation to foreign offences and old offences (1) The Local Court may, on application by the Commissioner of Police, order any of the following persons to comply with the reporting obligations of this Act— (a) a person who has been found guilty of an offence against the law of a foreign jurisdiction that, if the offence had been committed in New South Wales, would have been an offence under the law of New South Wales, and who is not otherwise a registrable person in respect of that offence, (b) a person who has (at any time) been sentenced by a court for a Class 1 offence of which the person was found guilty before 15 October 2001, unless the person was a child at the time that the offence was committed, (c) a person who has (at any time) been sentenced by a court for an offence referred to in paragraph (a), (a2) or (c1) of the definition of Class 2 offence in section 3 (1), of which the person was found guilty before the commencement of this paragraph, unless the person was a child at the time the offence was committed. (2) The Local Court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally. (3) For the purposes of Division 6 of Part 3, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made. (4) Section 51 of the Local Court Act 2007 does not apply to proceedings for an order under this section. (5) The fact that an offence in respect of which a person has been found guilty is spent does not prevent the making of an order under this section. (6) For the purposes of this section, an offence is spent if, under a law in any jurisdiction, the person is permitted not to disclose the fact that the person was convicted or found guilty of the offence. 3G Child protection registration orders made after grant of bail under Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (1) A court that grants bail to a person in respect of a Class 1 offence or a Class 2 offence under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 may order that the person comply with the reporting obligations of this Act. (2) A court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally. (3) A court may make an order under this section only if— (a) an application for the imposition of the order is made by the prosecution, and (b) the order is made concurrently with the granting of the person's bail. (4) For the purposes of Division 6 of Part 3, if a court makes an order in respect of a person under this section the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date the order is made. (5) A decision to make an order under this section is taken to be part of a bail decision for the purposes of the Bail Act 2013 and can be varied in accordance with that Act. (6) An order made under this section ceases to have effect if— (a) proceedings against the person in respect of the Class 1 offence or Class 2 offence are withdrawn by the prosecution or dismissed by a court, or (b) the person is sentenced by a court in respect of the Class 1 offence or Class 2 offence, or (c) the bail decision is varied under the Bail Act 2013 and, on that variation, the order is quashed or set aside. (7) Subsection (4) ceases to apply if the order ceases to have effect. (8) If an order under this section ceases to have effect as a consequence of the person having been sentenced by a court in respect of the Class 1 offence or Class 2 offence, and the person continues to be a registrable person, the period for which the person's reporting obligations continue is to be reduced by the length of time for which the person was required to comply with the reporting obligations under this Act solely as a consequence of the order. Part 3 Reporting obligations Division 1 Notices to be given 4 Notices to be given when persons sentenced for registrable offences (1) As soon as practicable after a registrable person is sentenced, the sentencing court is to give written notice to the person of— (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations. (2) As soon as practicable after a registrable person is sentenced, the sentencing court is to give written notice of that fact to— (a) the Commissioner of Police, and (b) the supervising authority for the person. (2A) For the avoidance of doubt, it is declared that this section extends to any registrable person whom the court has sentenced to a term of imprisonment even if the term of imprisonment is subject to a sentence suspension order. (3) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section. (4) In this section, court does not include a court of a foreign jurisdiction. 4A Notices to be given when orders made for persons to comply with reporting obligations (1) As soon as practicable after a court makes an order under section 3E, 3F or 3G, the court is to give written notice to the person the subject of the order of— (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations. (2) As soon as practicable after such an order is made, the court is to give written notice of that fact to— (a) the Commissioner of Police, and (b) the supervising authority (if any) for the person. (3) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section. 5 Notices to be given when registrable person commences supervised sentence for registrable offence (1) As soon as practicable after a registrable person commences a supervised sentence for a registrable offence, the supervising authority for the person is to give written notice to the person of— (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations. (2) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section. (3) (Repealed) 6 Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority (1) As soon as practicable before or after a registrable person— (a) ceases to be in strict government custody, or (b) ceases to be in government custody, or (c) ceases to be subject to a supervised sentence, or (d) ceases to participate in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985, or (e) ceases to be subject to a condition of parole requiring the person to be subject to supervision, or (f) ceases to be an existing licensee, or (g) becomes subject to an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis, whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice of that fact to the Commissioner of Police. (2) As soon as practicable before or after a registrable person who has been in government custody for 14 or more consecutive days ceases to be in government custody, whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice to the person of— (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations. (3) Notice is not required to be given under subsection (2) if the person ceases to be in government custody because of an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis. (4) The regulations may make provision for or with respect to the following— (a) what constitutes absence on a regular and unsupervised basis, (b) the manner and form in which written notice must be given under this section. 7 Notices may be given by Commissioner of Police (1) The Commissioner of Police may cause written notice to be given to a registrable person of— (a) the person's reporting obligations, and (b) the consequences that may arise if the person fails to comply with those obligations, if the Commissioner suspects that the person may not have received notice, or may otherwise be unaware, of those obligations. (2) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section. 7A Notices to be given to registrable persons who enter New South Wales or are corresponding registrable persons (1) This section applies to a registrable person— (a) who enters New South Wales, if the person has not previously been given notice of the person's reporting obligations in New South Wales, or (b) who becomes a corresponding registrable person, if the person is in New South Wales at that time. (2) The Commissioner of Police must, as soon as practicable after the registrable person becomes a person to whom this section applies, cause written notice to be given to the person in accordance with the requirements of section 7. 7B Notice to be given when reporting obligations change (1) This section applies to a registrable person whose reporting obligations have changed since the person was last notified of them in New South Wales. (2) The Commissioner of Police must cause written notice to be given to the registrable person as soon as practicable after the change and in no case later than the time the person next reports in accordance with this Act. (3) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section. 7C Power of detention to enable notice to be given (1) A police officer may exercise a power of detention under this section only if— (a) there are reasonable grounds to suspect that a person is a registrable person and that the person has not been given notice, or is otherwise unaware, of the person's reporting obligations, and (b) all other reasonably appropriate means of determining whether the person is a registrable person, or of notifying the person of reporting obligations, as the case requires, have been taken. (2) A police officer may detain the person if it is reasonably necessary to do so— (a) to enable a determination as to whether or not the person is a registrable person or, if the person is a registrable person, as to whether or not the person has been given notice, or is aware, of the person's reporting obligations, or (b) to enable the person to be given notice of those obligations if the person is not aware of them. (3) In detaining the person, the police officer must tell the person— (a) why the person is being detained, and (b) that the detention is authorised under this Act, and (c) that the person will be released immediately after the purpose of the detention is fulfilled. (4) The detained person— (a) must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled, and (b) must not be held merely because the person has refused to sign an acknowledgement that the person has been given notice of the person's reporting obligations, and (c) must be released immediately after the purpose of the detention is fulfilled. 8 Failure to comply with procedural requirements does not affect registrable person's obligations A failure to comply with the requirements of this Division does not affect a registrable person's reporting obligations. Division 2 Initial report 9 Relevant personal information to be reported (1) For the purposes of this Act, the relevant personal information to be reported by a registrable person consists of the following information— (a) the person's name, together with any other name by which the person is or has previously been known, (b) in respect of each name other than the person's current name, the period during which the person was known by that other name, (c) the person's date of birth, (d) the address of each of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, the name of each of the localities in which the person can generally be found, (e) the name and date of birth of each child who generally resides in the same household as that in which the person generally resides, (f) if the person is a worker— (i) the nature of the person's work, and (ii) the name of the person's employer (if any), and (iii) the address of each of the premises at which the person generally works or, if the person does not generally work at any particular premises, the name of each of the localities in which the person generally works, (g) details of the person's affiliation with any club or organisation that has child membership or child participation in its activities, (h) the make, model, colour and registration number of any motor vehicle owned or hired by, or generally driven by, the person, (i) details of any tattoos or permanent distinguishing marks that the person has (including details of any tattoo or mark that has been removed), (j) whether the person has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required the person to report to a corresponding registrar or been subject to a corresponding child protection registration order and, if so, where that finding occurred or that order was made, (k) if the person has been in government custody since the person was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when or where that government custody occurred, (l) if, at the time of making a report under this Division, the person leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)— (i) in general terms, the reason for travelling, and (ii) in general terms, the frequency and destinations of the travel, (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person including any phone numbers used, or intended to be used, by the person, (n) details of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person, (o) details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection, (p) details of any email addresses, internet user names, instant messaging user names, chat room user names or any other user name or identity used, or intended to be used, by the person through the internet or other electronic communication service, (q) any other information prescribed by the regulations. (1A) For the purposes of this Act, the relevant personal information to be reported by a registrable person also includes the name, date of birth and address of each child (or other means of contacting each child) with whom the person has had contact, but only if the registrable person was— (a) supervising or caring for the child, or (b) visiting or staying at a household where the child is present, or (c) exchanging contact details with the child (including providing the person's contact details to the child), or (d) attempting to befriend the child. (1B) For the purposes of subsection (1A), contact with a child, includes the registrable person having— (a) physical contact with the child (including by touching the child or being in very close physical proximity to the child), or (b) oral communication with the child (including communication that takes place in person, by telephone or by electronic means such as via the internet), or (c) written communication with the child (including communication that takes place by mail, by telephone or by electronic means such as email). (1C) The sentencing court (being the court that sentences a person in respect of a registrable offence or that imposes a child protection registration order on the person) may order that the person's reporting obligations in respect of contacts occurring before the person reaches 18 years of age be modified as set out in the order, if— (a) the person is under 18 years of age, and (b) the court is of the view that the modification is appropriate in the circumstances taking into account the educational and other needs of the person. (1D) A person who, because of a modification under subsection (1C), was not required to report a contact occurring before the person was 18 years of age is not subsequently required to report that contact unless the person's reporting obligations are further modified so as to require the contact to be reported. (1E) Any such further modification may be made by the sentencing court, the Local Court or the Children's Court on the application of the Commissioner of Police. (2) For the purposes of this section— (a) a registrable person does not generally reside at any particular premises unless the person resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and (b) a child does not generally reside in the same household as a registrable person unless they reside together in that household for at least 3 days (whether consecutive or not) in any period of 12 months, and (c) (Repealed) (d) a registrable person is not generally employed at any particular premises unless the person is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and (e) a registrable person does not generally drive a particular motor vehicle unless the person drives that motor vehicle on at least 14 days (whether consecutive or not) in any period of 12 months. (3) In this section, employer and worker have the same meanings as they have in the Child Protection (Working with Children) Act 2012. 9A When initial report must be made (1) A registrable person of a kind referred to in Column 1 of the Table to this subsection must report the person's relevant personal information to the Commissioner of Police within the period specified in relation to the person in Column 2 of the Table. Table Column 1 Column 2 Registrable person Period for initial report A registrable person (other than a corresponding registrable person) who enters government custody in New South Wales before, on or after the commencement of this section as a consequence of having being sentenced for a registrable offence and who ceases to be in government custody while in New South Wales Within 7 days after the registrable person ceases to be in government custody Any other registrable person who is sentenced for a registrable offence in New South Wales Within 7 days after the registrable person is sentenced for the registrable offence A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to report his or her relevant personal information to the Commissioner of Police Within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody (2) Despite subsection (1), a registrable person must report the person's relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody. 9B When new initial report must be made by person whose previous reporting obligations have ceased (1) If a registrable person's reporting period expires but the person is then sentenced for a registrable offence, the person must report the person's relevant personal information to the Commissioner of Police— (a) within 7 days after the person is sentenced for the registrable offence, or (b) if the registrable person is in government custody, within 7 days after the person ceases to be in government custody, whichever is the later. (2) (Repealed) (3) If a registrable person's reporting obligations are suspended by an order under section 16 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 16A (or an equivalent provision of the laws of a foreign jurisdiction), the person must report the person's relevant personal information to the Commissioner of Police— (a) within 7 days after the order ceases to have effect, or (b) if the person is in government custody, within 7 days after the person ceases to be in government custody, whichever is the later. (4) If a registrable person is not in New South Wales at the time the person would be required under subsection (1), (2) or (3) to report relevant personal information to the Commissioner of Police, then the person must report that information within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody. (5) Despite subsections (1)–(3), a registrable person must report the person's relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody. 9C Persons required to report under corresponding Act (1) This section applies to a person (other than one to whom Division 5 applies) who has been required to report to a corresponding registrar, irrespective of whether the person is a registrable person for the purposes of this Act. (2) Unless the person has previously complied with the obligation imposed by this section, the person must, within 7 days after entering and remaining in New South Wales, contact (by telephone or another prescribed means) a person nominated by the Commissioner of Police for the purposes of this section. (3) The contacted nominated person must advise the person whether the person is a registrable person for the purposes of this Act and of any reporting obligations that the person has under this Act. (4) A person is not guilty of an offence against section 17 because of a failure to comply with the reporting obligations imposed by subsection (2) if the person— (a) is not a registrable person for the purposes of this Act, or (b) has not been notified of that reporting obligation, or (c) does not remain in New South Wales for 14 or more consecutive days, not counting any days spent in government custody, or (d) reports in accordance with section 9A. Division 3 Ongoing reporting obligations 10 Registrable person must report annually (1) A registrable person must report the person's relevant personal information to the Commissioner of Police each year. (2) The registrable person must make the report by the end of the calendar month in which the anniversary of the date on which the person first reported in accordance with this Act or a corresponding Act falls. (3) If the registrable person has been in government custody since the person last reported the person's relevant personal information under this section, the information the person must report must include details of when and where that custody occurred. (4) If a registrable person's reporting period expires, but the person is then required to report again under section 9A, the reference to the date on which the person first reported is to be read as a reference to the date on which the person first reported in respect of the current reporting period. 11 Registrable person must report changes to relevant personal information (1) A registrable person must report to the Commissioner of Police any change in the person's relevant personal information— (a) in the case of a change in the information referred to in section 9 (1) (e)—within 24 hours after the change occurs, and (b) in any other case—within 7 days after the change occurs. (2) For the purposes of subsection (1), a change occurs in the place where the registrable person or a child generally resides, or in the place where the registrable person is generally employed, or the motor vehicle that the person generally drives, only on the expiry of the relevant 3-day or 14-day period referred to in section 9 (2). (3) If the relevant personal information for a registrable person (other than one to whom Division 5 applies) changes while the person is not in New South Wales, the person must report the change to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody. (4) A registrable person who is in government custody for 14 or more consecutive days must report the person's relevant personal information to the Commissioner of Police— (a) within 7 days after the person ceases to be in government custody, or (b) before leaving New South Wales, whichever is the sooner. 11A Intended absence from New South Wales to be reported (1) This section applies if a registrable person— (a) intends to leave New South Wales for 14 or more consecutive days to travel elsewhere in Australia, or (b) intends to leave New South Wales to travel out of Australia. (2) At least 7 days before leaving New South Wales, the registrable person must report the intended travel to the Commissioner of Police and must provide details of— (a) each State, Territory or country to which the person intends to go while out of New South Wales, and (b) the approximate dates during which the person intends to be in each of those States, Territories or countries, and (c) each address or location within each State, Territory or country at which the person intends to reside (to the extent that they are known) and the approximate dates during which the person intends to reside at those addresses or locations, and (d) if the person intends to return to New South Wales, the approximate date on which the person intends to return, and (e) if the person does not intend to return to New South Wales, a statement of that intention. (3) If circumstances arise making it impracticable for a registrable person to make the report 7 days before the person leaves, it is sufficient compliance with subsection (2) if the registrable person reports the required information to the Commissioner of Police at least 24 hours before the intended travel. 11B Change of travel plans while out of New South Wales to be reported (1) This section applies if a registrable person who is out of New South Wales decides— (a) to extend a stay elsewhere in Australia beyond 13 days, or (b) to change any details given to the Commissioner of Police under section 11A. (2) As soon as is practicable after making the decision, the registrable person must— (a) if subsection (1) (a) applies, report the details required by section 11A (2) to the Commissioner of Police (including those details as they relate to the travel that has already been completed), or (b) if subsection (1) (b) applies, report the changed details to the Commissioner of Police. (3) The registrable person must make the report— (a) by facsimile or email sent to the Commissioner of Police or to any other address permitted by the regulations, or (b) in any other manner permitted by the regulations. 11C Registrable person to report return to New South Wales or decision not to leave (1) This section applies if a registrable person was required to report that the person intended to leave New South Wales under section 11A. (2) If the registrable person left New South Wales, the person must report the person's return to New South Wales to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody. (3) If the registrable person decides not to leave New South Wales, the person must report the change of intention to the Commissioner of Police within 7 days of deciding not to leave. 11D Report of other absences from New South Wales (1) This section applies if a registrable person, at the time of making a report under this Division, leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence). (2) The registrable person must report the following details to the Commissioner of Police— (a) in general terms, the reason for travelling, (b) in general terms, the frequency and destinations of the travel. 11E Information concerning international travel to be given to the Australian Federal Police As soon as practicable after receiving a report under this Division concerning a registrable person's intentions in relation to travel out of Australia, the Commissioner of Police must ensure that a copy of the report is given to the Commissioner of the Australian Federal Police. 11F Intended change of place where registrable person generally resides (1) This section applies if a registrable person intends to change the place where the registrable person generally resides. Note— This section imposes an additional reporting requirement with respect to residence to that imposed under section 11 (1) (b), which requires a registrable person to report actual (as opposed to intended) changes in the place where the person generally resides. (2) At least 14 days before changing the place, the registrable person must report the intended change to the Commissioner of Police and must provide details of— (a) the address where the person proposes to generally reside, or (b) if the person does not intend to reside at particular premises—the name of the locality of the place where the person intends to generally reside. (3) If a change in the place at which a person generally resides occurs because of an emergency or other exceptional circumstances arise making it impracticable for the registrable person to report the intended change, it is sufficient compliance with subsection (2) if the registrable person— (a) reports the required information to the Commissioner of Police as soon as practicable (but not more than 3 days) after the change occurs, and (b) provides satisfactory evidence of the circumstances which made it impracticable to report the required information sooner to the Commissioner of Police. (4) A registrable person who reports an intended change of place under this section and who subsequently changes the place where he or she generally resides to the place detailed in the report is not required to comply with the reporting obligations imposed by section 11 with re