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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection (Offenders
Registration) Amendment Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Child Protection (Offenders Registration)
Act 2000 No 42 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Child Protection (Offenders
Registration) Amendment Bill 2001
Act No , 2001
An Act to amend the Child Protection (Offenders Registration) Act 2000 with
respect to reporting requirements under that Act and other administrative matters.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Child Protection (Offenders Registration) Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Child Protection (Offenders Registration) Amendment
Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Child Protection (Offenders Registration) Act 2000
No 42
The Child Protection (Offenders Registration) Act 2000 is amended as
set out in Schedule 1.
Page 2
Child Protection (Offenders Registration) Amendment Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert after paragraph (b) of the definition of Class 1 offence in section
3 (1):
(b1) an offence against section 66EA of the Crimes Act
1900, or
[2] Section 3 (1), definition of "Class 1 offence"
Omit "(a) or (b)" from paragraph (c). Insert instead "(a), (b) or (b1)".
[3] Section 3 (1), definition of "good behaviour bond"
Insert ", and includes a good behaviour bond referred to in section 33 (1) (b)
of the Children (Criminal Proceedings) Act 1987" after "Crimes
(Sentencing Procedure) Act 1999".
[4] Section 3 (1), definition of "government custody"
Omit the definition. Insert instead:
government custody means custody as an inmate or detainee,
and includes custody as a forensic patient where the order of
detention under section 27 or 39 of the Mental Health
(Criminal Procedure) Act 1990, as originally made, requires
the patient to be kept in strict government custody.
[5] Section 3 (1), definition of "registrable person"
Omit paragraph (c). Insert instead:
(c) a person whose conviction or finding of guilt has been
quashed or set aside by a court, or
[6] Section 3 (1), definition of "sentence"
Insert "any order of detention under section 27 or 39 of the Mental Health
(Criminal Procedure) Act 1990," after "includes" where firstly occurring.
Page 3
Child Protection (Offenders Registration) Amendment Bill 2001
Schedule 1 Amendments
[7] Section 3 (1), definition of "strict government custody"
Omit the definition. Insert instead:
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.
[8] Section 3 (3)
Insert after section 3 (2):
(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.
[9] Section 5 Notices to be given when registrable person commences
supervised sentence
Insert at the end of section 5 (3):
, or
(d) an order of detention under section 27 or 39 of the
Mental Health (Criminal Procedure) Act 1990, other
than an order that, as originally made, requires the
person to be kept in strict government custody.
[10] Section 6 Notices to be given when registrable person ceases to be in
custody of supervising authority
Omit section 6 (1). Insert instead:
(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 (within the
meaning of section 5), or
Page 4
Child Protection (Offenders Registration) Amendment Bill 2001
Amendments Schedule 1
(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,
the supervising authority for the person is to give written notice
of that fact to the Commissioner of Police.
[11] Section 6 (2)
Insert "before or" after "As soon as practicable".
[12] Section 12 Manner in which relevant personal information to be given
Omit "or carer" from section 12 (5).
Insert instead ", carer or other person nominated by the registrable person".
[13] Section 12 (6)
Omit "or carer" wherever occurring.
Insert instead ", carer or nominee".
[14] Section 14 Period for which reporting obligations continue
Insert ", other than an offence against section 66EA of the Crimes Act
1900" after "Class 1 offence" in section 14 (2) (a) (i).
[15] Section 14 (2)
Insert at the end of section 14 (2) (b):
(iv) if the finding of guilt relates to a single offence
against section 66EA of the Crimes Act 1900, or
[16] Section 22 Regulations
Insert after section 22 (2):
(3) The regulations may require the functions under section 4, 5 or
6 of a sentencing court or supervising authority (a primary
authority) to be exercised:
Page 5
Child Protection (Offenders Registration) Amendment Bill 2001
Schedule 1 Amendments
(a) in relation to the functions of a sentencing court:
(i) by a supervising authority, or
(ii) by the Commissioner of Police, or
(b) in relation to the functions of a supervising authority:
(i) by the sentencing court, or
(ii) by some other supervising authority, or
(iii) by the Commissioner of Police,
(the secondary authority), but only with the concurrence of the
Minister responsible for the primary authority and the Minister
responsible for the secondary authority.
Page 6
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