New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3

3 Definitions

(1) In this Act:
"child" means any person who is under the age of 18 years.
"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 50BA or 50BB of the Crimes Act 1914 of the Commonwealth, 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) an offence that involves an act of indecency against or in respect of a child, being an offence that is punishable by imprisonment for 12 months or more, or

(a1) an offence under section 66EB 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

(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) an offence under section 578B of the Crimes Act 1900 , or

(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 50BC, 50BD, 50DA or 50DB of the Crimes Act 1914 of the Commonwealth, 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 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 .
"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 3C.
"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 a periodic detention 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 the subject of an order of detention under section 27 or 39 of the Mental Health (Forensic Provisions) Act 1990 .
"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 of detention under section 27 or 39 of the Mental Health (Forensic Provisions) Act 1990 , 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 .
"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.
"periodic detention order" means a periodic detention order under the Crimes (Sentencing Procedure) Act 1999 .
"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" means information of the kind referred to in section 9 (1).
"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 any order of detention under section 27 or 39 of the Mental Health (Forensic Provisions) Act 1990 , any order under section 33 (1) of the Children (Criminal Proceedings) Act 1987 , any action taken under section 10A of the Crimes (Sentencing Procedure) Act 1999 and any undertaking under section 23 of the Pre-Trial Diversion of Offenders Act 1985 , and includes 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 intercourse" has the same meaning as it has in section 61H (1) 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).
"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 .

(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 22 (1) (b), (c) or (d) or section 38 of the Mental Health (Forensic Provisions) Act 1990 , 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 an act of indecency 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.