New South Wales Consolidated Acts

CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3G

3G Child protection registration orders made after grant of bail under Mental Health (Forensic Provisions) Act 1990

(1) A court that grants bail to a person in respect of a Class 1 offence or a Class 2 offence under section 10 (3) (b), 14 (b) (ii) or 17 (2) of the Mental Health (Forensic Provisions) Act 1990 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 a decision in relation to bail for the purposes of Part 6 of the Bail Act 1978 .

(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(a) proceedings against the person in respect of the Class 1 offence or Class 2 offence are withdrawn by the prosecution or dismissed by a court, or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 order is quashed or set aside on a review of the decision in relation to bail under the Bail Act 1978 .

(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.