New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 33B

33B Prohibited persons

(1) For the purposes of this Division, a "prohibited person" means:

(a) a person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence, whether before or after the commencement of this subsection, or

(b) a person who is a registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 .

(2) For the purposes of this Division, a person is not a prohibited person in respect of an offence if an order in force under Subdivision 2 declares that this Division is not to apply to the person in respect of the offence.

(3) In this Division:
"child-related personal violence offence" means:

(a) an offence committed by an adult involving intentionally wounding or causing grievous bodily harm to a child, or

(b) an offence committed by an adult of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a),

but does not include an offence committed by an adult who is not more than 3 years older than the child concerned.
"serious sex offence" means (subject to subsections (4) and (5)):

(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales and that was punishable by penal servitude or imprisonment for 12 months or more, or

(b) an offence, involving sexual activity or acts of indecency, that was committed elsewhere and that would have been an offence punishable by penal servitude or imprisonment for 12 months or more if it had been committed in New South Wales, 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

(d) an offence under sections 91D-91G of the Crimes Act 1900 (other than if committed by a child prostitute) or a similar offence under a law other than a law of New South Wales, or

(e) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900 or a similar offence under a law other than a law of New South Wales, or

(f) an offence an element of which is an intention to commit an offence referred to in paragraph (a) or (b), or

(g) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in the preceding paragraphs, or

(h) any other offence, whether under the law of New South Wales or elsewhere, prescribed by the regulations.

Note: A conviction for an offence includes a finding that an offence is proven, or that a person is guilty of an offence, even though the court does not proceed to a conviction.

(4) An offence that was a serious sex offence at the time of its commission is not a serious sex offence for the purposes of this Division if the conduct constituting the offence has ceased to be an offence in New South Wales.

(5) An offence involving sexual activity or an act of indecency is not a serious sex offence for the purposes of this Division if the conduct constituting the offence:

(a) occurred in a public place, and

(b) would not have constituted an offence in New South Wales if the place were not a public place.

(6) For the purposes of this Division, section 579 of the Crimes Act 1900 does not apply to or in respect of a serious sex offence or a child-related personal violence offence.