{"id":"nsw:act-2004-046","name":"Child Protection (Offenders Prohibition Orders) Act 2004","slug":"child-protection-offenders-prohibition-orders-act-2004","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"46 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104838,"registerId":"nsw-act-2004-046-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > child means any person who is under the age of 18 years.\n> > \n> > conduct includes an act or omission or a course of conduct.\n> > \n> > contact prohibition order means a contact prohibition order made under section 16C.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or a duty.\n> > \n> > government agency includes any public or local authority.\n> > \n> > interim prohibition order means an interim child protection prohibition order granted under section 7.\n> > \n> > prohibition order means a child protection prohibition order granted under section 5, and includes an interim prohibition order.\n> > \n> > registrable offence has the same meaning as in the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042).\n> > \n> > registrable person has the same meaning as in the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042).\n> > \n> > young registrable person means a registrable person who is under the age of 18 years.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) For the purposes of this Act, a person poses a risk to the lives or sexual safety of one or more children or children generally if there is a risk that the person will engage in conduct that may constitute a registrable offence against or in respect of a child or children.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2009 No 93, Sch 2 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Child protection prohibition orders","content":"# Part 2 Child protection prohibition orders\n\nPart 2 Child protection prohibition orders","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Commissioner of Police may apply for orders","content":"#### 4 Commissioner of Police may apply for orders\n\n4 Commissioner of Police may apply for orders\n\n> An application may be made by the Commissioner of Police to the Local Court for an order under this Part prohibiting a registrable person from engaging in specified conduct.\n> \n> Note—\n> \n> Part 4 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) sets out the procedures for the making and hearing of applications and confers rights to appeal against the granting of prohibition orders.\n> \n> **s 4:** Am 2007 No 94, Schs 1.8 \\[1\\], 2.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Local Court may make child protection prohibition order","content":"#### 5 Local Court may make child protection prohibition order\n\n5 Local Court may make child protection prohibition order\n\n> > (1) The Local Court may make a child protection prohibition order prohibiting a person from engaging in conduct specified in the order if it is satisfied that the person is a registrable person and that, on the balance of probabilities:\n> > \n> > > (a) there is reasonable cause to believe, having regard to the nature and pattern of conduct of the person, that the person poses a risk to the lives or sexual safety of one or more children, or children generally, and\n> > \n> > > (b) the making of the order will reduce that risk.\n> \n> > (2) The Local Court may make an order under this section against a young registrable person only if, in addition to the matters set out in subsection (1), it is satisfied that all other reasonably appropriate means of managing the conduct of the person have been considered before the order was sought.\n> \n> > (3) In determining whether to make an order under this section against a registrable person, the Local Court is to consider the following:\n> > \n> > > (a) the seriousness of each offence with respect to which the person is a registrable person,\n> > \n> > > (b) the period of time since those offences were committed,\n> > \n> > > (c) the age of the person when those offences were committed,\n> > \n> > > (d) the age of each victim of the offences when they were committed,\n> > \n> > > (e) the difference in age between the person and each such victim,\n> > \n> > > (f) the person’s present age,\n> > \n> > > (g) the seriousness of the person’s total criminal record,\n> > \n> > > (h) the effect of the order sought on the person in comparison with the level of the risk that a further registrable offence may be committed by the person,\n> > \n> > > (i) to the extent that they relate to the conduct sought to be prohibited, the circumstances of the person, including the person’s accommodation, employment needs and integration into the community,\n> > \n> > > (j) in the case of a young registrable person, the educational needs of the person,\n> > \n> > > (k) any other matters it thinks relevant.\n> \n> > (4) The Local Court is not required to be satisfied that the person is likely to pose a risk to a particular child or children or a particular class of children.\n> \n> > (5) If a registrable person against whom an order is sought is already subject to a prohibition order and no application has been made to revoke the existing order, the Local Court must, if it decides to make the order:\n> > \n> > > (a) revoke the existing order and replace it with a new order (which may contain matters relating to the existing order), or\n> > \n> > > (b) vary the existing order to include the matters with respect to which it has decided to make the order.\n> \n> > (6) An order is not invalidated by a failure to comply with subsection (5).\n> \n> **s 5:** Am 2007 No 94, Schs 2, 3.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Term of prohibition orders","content":"#### 6 Term of prohibition orders\n\n6 Term of prohibition orders\n\n> The Local Court must specify the term of a prohibition order (other than an interim prohibition order) being a term of not more than 5 years or, in the case of a young registrable person, not more than 2 years, after it is made.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Interim prohibition orders","content":"#### 7 Interim prohibition orders\n\n7 Interim prohibition orders\n\n> > (1) The Local Court may make an interim child protection prohibition order prohibiting a registrable person from engaging in specified conduct if it appears to the Local Court that it is necessary to do so to prevent an immediate risk to the lives or sexual safety of one or more children, or children generally.\n> \n> > (2) An interim prohibition order may be made by the Local Court whether or not:\n> > \n> > > (a) the registrable person is present at the proceedings, or\n> > \n> > > (b) the registrable person has been given notice of the proceedings.\n> \n> > (3) The Local Court is not required to be satisfied that the person is likely to pose a risk to a particular child or children or a particular class of children.\n> \n> > (4) If an interim prohibition order is made by the Local Court, the Court must issue a court attendance notice requiring the registrable person to attend the Court for a further hearing of the matter as soon as practicable after the interim order is made.\n> \n> > (5) At the further hearing, the Local Court may confirm the prohibition order (with or without variation) or revoke it.\n> \n> > (6) An interim prohibition order remains in force until it is revoked or the relevant application is withdrawn or dismissed, whichever occurs first.\n> \n> > (7) Section 5 does not apply to an application for an order under subsection (1).\n> \n> **s 7:** Am 2007 No 94, Schs 2, 3.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Conduct that may be the subject of orders","content":"#### 8 Conduct that may be the subject of orders\n\n8 Conduct that may be the subject of orders\n\n> > (1) A prohibition order may prohibit conduct of the following kind:\n> > \n> > > (a) associating with or other contact with specified persons or kinds of persons,\n> > \n> > > (b) being in specified locations or kinds of locations,\n> > \n> > > (c) engaging in specified behaviour,\n> > \n> > > (d) being a worker (within the meaning of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051)) of a specified kind.\n> \n> > (2) Subsection (1) does not limit the kinds of conduct that may be prohibited by a prohibition order.\n> \n> **s 8:** Am 2013 No 77, Sch 1 \\[1\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Explanation of orders","content":"#### 9 Explanation of orders\n\n9 Explanation of orders\n\n> > (1) If the Local Court makes a prohibition order, the Local Court must ensure that all reasonable steps are taken to explain to the registrable person (in language that the registrable person can readily understand):\n> > \n> > > (a) the person’s obligations under the order, and\n> > \n> > > (b) the consequences that may follow if the person fails to comply with those obligations.\n> \n> > (2) An order is not invalidated by a failure to comply with this section.\n> \n> **s 9:** Am 2007 No 94, Sch 1.8 \\[2\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Orders by consent","content":"#### 10 Orders by consent\n\n10 Orders by consent\n\n> > (1) The Local Court may make a prohibition order (other than an interim prohibition order), without being satisfied as to the matters referred to in section 5, if the applicant and the registrable person consent to the making of the order.\n> \n> > (2) The Local Court may make an interim prohibition order, without being satisfied as to the matters referred to in section 7, if the applicant and the registrable person consent to the making of the order.\n> \n> > (3) The Local Court is not required to conduct a hearing before making an order under this section unless the Local Court is of the opinion that it is in the interests of justice to conduct the hearing.\n> \n> > (4) Without limiting subsection (3), in determining whether it is in the interests of justice to conduct the hearing the Local Court may have regard to the following:\n> > \n> > > (a) whether the registrable person has obtained legal advice in relation to the order concerned,\n> > \n> > > (b) whether the person:\n> > > \n> > > > (i) has impaired intellectual functioning, or\n> > > \n> > > > (ii) is subject to a guardianship order (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)), or\n> > > \n> > > > (iii) is illiterate, or is not literate in the English language, or\n> > > \n> > > > (iv) is subject to some other condition that may prevent the person from understanding the effect of giving consent to the order.\n> \n> > (5) A registrar of the Local Court may not exercise the functions of the Local Court under this section.\n> \n> **s 10:** Am 2007 No 94, Schs 1.8 \\[3\\], 3.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Variation or revocation of prohibition orders","content":"#### 11 Variation or revocation of prohibition orders\n\n11 Variation or revocation of prohibition orders\n\n> > (1) An application may be made to the Local Court by the Commissioner of Police or a person subject to a prohibition order for an order varying or revoking a prohibition order.\n> \n> > (2) The application must be accompanied by a copy of the relevant order, together with any variations to it that have been made under this Part.\n> \n> > (3) A person subject to a prohibition order may not make an application except by leave of the Local Court. Leave may be granted only if the Local Court is satisfied that, having regard to changes in the applicant’s circumstances since the order was granted or last varied, it is in the interests of justice that leave be granted.\n> \n> > (4) The Local Court may dispose of the application:\n> > \n> > > (a) by varying or revoking the prohibition order, or\n> > \n> > > (b) by dismissing the application.\n> \n> > (5) For the purposes of an application under this section, the respondent to an application is:\n> > \n> > > (a) in the case of an application made by the Commissioner of Police, the registrable person subject to the prohibition order, and\n> > \n> > > (b) in the case of an application made by a registrable person subject to a prohibition order, the Commissioner of Police.\n> \n> **s 11:** Am 2007 No 94, Sch 2.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Notification of orders made in absence of registrable person","content":"#### 12 Notification of orders made in absence of registrable person\n\n12 Notification of orders made in absence of registrable person\n\n> If the Local Court makes, varies or revokes a prohibition order, the relevant registrar of the Local Court must cause a copy of the order to be served on the person.\n> \n> **s 12:** Am 2007 No 94, Sch 1.8 \\[4\\].","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Contravention of orders","content":"#### 13 Contravention of orders\n\n13 Contravention of orders\n\n> > (1) A person who is subject to a prohibition order must not, without reasonable excuse, contravene the prohibition order.\n> > \n> > Maximum penalty: 500 penalty units or imprisonment for 5 years, or both.\n> \n> > (1A) It is a defence to proceedings for an offence under this section if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received a copy of the prohibition order and was otherwise unaware of the person’s obligations under the order.\n> \n> > (2) A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under this section.\n> \n> > (3) (Repealed)\n> \n> **s 13:** Am 2006 No 107, Sch 1.2; 2013 No 77, Sch 1 \\[2\\] \\[3\\].","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Applications not to be determined in public","content":"#### 14 Applications not to be determined in public\n\n14 Applications not to be determined in public\n\n> > (1) Proceedings for an application under this Part must be heard in the absence of the public.\n> \n> > (2) Despite subsection (1), the Local Court hearing the proceedings may, if it considers it to be appropriate, permit persons who are not parties to the proceedings or their barristers, solicitors or representatives to be present during the hearing of the proceedings.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15\n\n(Renumbered as sec 17A)\n\n**s 15:** Am 2007 No 94, Sch 1.8 \\[5\\]. Renumbered as sec 17A, 2009 No 93, Sch 2 \\[2\\].","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Information relating to registrable persons","content":"#### 16 Information relating to registrable persons\n\n16 Information relating to registrable persons\n\n> > (1) For the purposes of determining whether to make an application under this Part, or making an application under this Part, the Commissioner of Police may, by notice in writing served on a government agency, direct the government agency to provide to the Commissioner, on or before a day specified in the notice, any information held by the agency that is relevant to the assessment of the risk posed by a registrable person to the lives or sexual safety of one or more children, or children generally.\n> \n> > (2) A government agency is authorised and required to provide information requested under subsection (1) to the Commissioner of Police.\n> \n> > (3) A government agency is not required to give information that is subject to legal or other professional privilege.","sortOrder":17},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Contact prohibition orders","content":"# Part 2A Contact prohibition orders\n\nPart 2A Contact prohibition orders\n\n**pt 2A:** Ins 2009 No 93, Sch 2 \\[3\\].","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":"Definitions","content":"#### 16A Definitions\n\n16A Definitions\n\n> In this Part:\n> \n> contact means to communicate in person or by any other means (including by post, facsimile, telephone and email or any other form of electronic communication).\n> \n> contact prohibition order means an order prohibiting a person who is a registrable person in relation to a particular registrable offence from contacting:\n> \n> > (a) any victim of the registrable offence who is specified in the order, or\n> \n> > (b) any person who was a co-offender in relation to that registrable offence who is specified in the order.\n> \n> **s 16A:** Ins 2009 No 93, Sch 2 \\[3\\].","sortOrder":19},{"sectionNumber":"16B","sectionType":"section","heading":"Commissioner of Police may apply for orders","content":"#### 16B Commissioner of Police may apply for orders\n\n16B Commissioner of Police may apply for orders\n\n> An application may be made by the Commissioner of Police to the Local Court for a contact prohibition order against a registrable person if:\n> \n> > (a) the Commissioner has reasonable grounds to suspect that the registrable person will seek to contact the victim or co-offender concerned, and\n> \n> > (b) the registrable person is not subject to, and the Commissioner considers contact cannot be prevented by the making of, any of the following:\n> > \n> > > (i) an extended supervision order under the [Crimes (High Risk Offenders) Act 2006](/view/html/inforce/current/act-2006-007) or the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068),\n> > \n> > > (ii) a prohibition order under this Act,\n> > \n> > > (iii) any court order prescribed by the regulations, and\n> \n> > (c) the Commissioner is satisfied that there are sufficient grounds to justify the making of the application.\n> \n> Note—\n> \n> Part 4 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) sets out the procedures for the making and hearing of applications and confers rights of appeal against the granting of contact prohibition orders.\n> \n> **s 16B:** Ins 2009 No 93, Sch 2 \\[3\\]. Am 2013 No 4, Sch 2.3; 2017 No 68, Sch 2.3.","sortOrder":20},{"sectionNumber":"16C","sectionType":"section","heading":"Local Court may make contact prohibition order","content":"#### 16C Local Court may make contact prohibition order\n\n16C Local Court may make contact prohibition order\n\n> > (1) The Local Court may make a contact prohibition order against a registrable person if:\n> > \n> > > (a) it is satisfied that there are sufficient grounds for making the order, or\n> > \n> > > (b) the Commissioner of Police and the registrable person consent to the making of the order.\n> \n> > (2) The Local Court must specify the term (not exceeding 12 months) of the contact prohibition order.\n> \n> > (3) A contact prohibition order takes effect:\n> > \n> > > (a) when the order is made, or\n> > \n> > > (b) if it is stayed under section 17A by a court to which an appeal is made but is confirmed on appeal (whether expressly or impliedly)—when it is confirmed.\n> \n> > (4) This section does not limit the kinds of prohibition or restriction that may be imposed on a registrable person by means of any other order or direction under this Act.\n> \n> **s 16C:** Ins 2009 No 93, Sch 2 \\[3\\]. Am 2013 No 77, Sch 1 \\[4\\].","sortOrder":21},{"sectionNumber":"16D","sectionType":"section","heading":"Contact prohibition order not to restrict certain contacts","content":"#### 16D Contact prohibition order not to restrict certain contacts\n\n16D Contact prohibition order not to restrict certain contacts\n\n> > (1) The persons specified in a contact prohibition order as persons the registrable person must not contact may not include any member of the registrable person’s close family.\n> \n> > (2) Despite subsection (1), a member of the registrable person’s close family may be specified in a contact prohibition order if, and only if, the Local Court considers that the following exceptional circumstances exist:\n> > \n> > > (a) if the member of the family concerned was a victim of the registrable offence committed by the registrable person—it would be contrary to the best interests of the victim for contact to occur,\n> > \n> > > (b) if the member of the family concerned was a co-offender in relation to the registrable offence committed by the registrable person—there is reasonable cause to believe (having regard to the ongoing nature and pattern of criminal activity of the registrable person) that there is a risk that contact could result in the registrable person being involved with the co-offender in the commission of a further registrable offence.\n> \n> > (3) In determining the best interests of a victim under subsection (2) (a), the Local Court may take into account any wishes expressed by the victim.\n> \n> > (4) The Local Court must make a record of its reasons for making an order under subsection (2).\n> \n> > (5) The failure of the Local Court to comply with subsection (4) does not invalidate the order.\n> \n> > (6) In this section, a registrable person’s close family includes:\n> > \n> > > (a) the registrable person’s spouse or de facto partner, and\n> > \n> > > (b) the registrable person’s parents, step-parents and grandparents, and\n> > \n> > > (c) the registrable person’s children, step-children and grandchildren, and\n> > \n> > > (d) the registrable person’s brothers and sisters, and step-brothers and step-sisters, and\n> > \n> > > (e) the registrable person’s guardians or carers, and\n> > \n> > > (f) in the case of a registrable person who is an Aboriginal person or a Torres Strait Islander—persons who are or have been part of the extended family or kin of the registrable person according to the indigenous kinship system of the registrable person’s culture.\n> > \n> > Note—\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 16D:** Ins 2009 No 93, Sch 2 \\[3\\]. Am 2010 No 19, Sch 3.15 \\[1\\] \\[2\\].","sortOrder":22},{"sectionNumber":"16E","sectionType":"section","heading":"Variation or revocation of contact prohibition orders","content":"#### 16E Variation or revocation of contact prohibition orders\n\n16E Variation or revocation of contact prohibition orders\n\n> > (1) An application may be made to the Local Court by the Commissioner of Police or a person subject to a contact prohibition order for an order varying or revoking a contact prohibition order.\n> \n> > (2) The application must be accompanied by a copy of the relevant order, together with any variations to it that have been made under this Part.\n> \n> > (3) A person subject to a contact prohibition order may not make an application except by leave of the Local Court. Leave may be granted only if the Local Court is satisfied that, having regard to changes in the applicant’s circumstances since the order was made or last varied, it is in the interests of justice that leave be granted.\n> \n> > (4) The Local Court may dispose of the application:\n> > \n> > > (a) by varying or revoking the contact prohibition order, or\n> > \n> > > (b) by dismissing the application.\n> \n> > (5) For the purposes of an application under this section, the respondent to an application is:\n> > \n> > > (a) in the case of an application made by the Commissioner of Police—the registrable person subject to the contact prohibition order, and\n> > \n> > > (b) in the case of an application made by a registrable person subject to a contact prohibition order—the Commissioner of Police.\n> \n> **s 16E:** Ins 2009 No 93, Sch 2 \\[3\\].","sortOrder":23},{"sectionNumber":"16F","sectionType":"section","heading":"Explanation of orders","content":"#### 16F Explanation of orders\n\n16F Explanation of orders\n\n> > (1) If the Local Court makes a contact prohibition order, the Local Court must ensure that all reasonable steps are taken to explain to the registrable person (in language that the registrable person can readily understand):\n> > \n> > > (a) the person’s obligations under the order, and\n> > \n> > > (b) the consequences that may follow if the person fails to comply with those obligations.\n> \n> > (2) An order is not invalidated by a failure to comply with subsection (1).\n> \n> **s 16F:** Ins 2009 No 93, Sch 2 \\[3\\].","sortOrder":24},{"sectionNumber":"16G","sectionType":"section","heading":"Contravention of contact prohibition order","content":"#### 16G Contravention of contact prohibition order\n\n16G Contravention of contact prohibition order\n\n> > (1) A registrable person who is subject to a contact prohibition order must not, without reasonable excuse:\n> > \n> > > (a) contact or attempt to contact any victim or co-offender specified in the order, or\n> > \n> > > (b) procure another person to contact or attempt to contact that victim or co-offender.\n> > \n> > Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.\n> \n> > (2) Without limiting subsection (1), it is a reasonable excuse for contacting a person in contravention of a contact prohibition order if:\n> > \n> > > (a) the registrable person did so in compliance with an order of a court, or\n> > \n> > > (b) having contacted the person unintentionally, the registrable person immediately terminated the contact, or\n> > \n> > > (c) contact is made with a co-offender while the registrable person was in strict government custody within the meaning of the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042).\n> \n> > (3) A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under this section.\n> \n> > (4) This section extends to an act contravening this section done outside Australia by a person resident or domiciled in the State.\n> \n> **s 16G:** Ins 2009 No 93, Sch 2 \\[3\\]. Am 2010 No 59, Sch 2.12.","sortOrder":25},{"sectionNumber":"16H","sectionType":"section","heading":"Applications not to be determined in public","content":"#### 16H Applications not to be determined in public\n\n16H Applications not to be determined in public\n\n> > (1) Proceedings for an application under this Part must be heard in the absence of the public.\n> \n> > (2) Despite subsection (1), the Local Court hearing the proceedings may, if it considers it to be appropriate, permit persons who are not parties to the proceedings or their legal or other representatives to be present during the hearing of the proceedings.\n> \n> **s 16H:** Ins 2009 No 93, Sch 2 \\[3\\].","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Applications for orders against young registrable persons","content":"#### 17 Applications for orders against young registrable persons\n\n17 Applications for orders against young registrable persons\n\n> The Commissioner of Police may not delegate (under section 31 of the [Police Act 1990](/view/html/inforce/current/act-1990-047)) any of the following functions unless the delegation is made to a police officer, or to police officers of a class, prescribed by the regulations:\n> \n> > (a) making an application for a prohibition order or contact prohibition order against a young registrable person,\n> \n> > (b) making an application to vary or revoke a prohibition order or contact prohibition order against a young registrable person.\n> \n> **s 17:** Am 2006 No 94, Sch 3.3; 2009 No 93, Sch 2 \\[4\\]. Subst 2013 No 77, Sch 1 \\[5\\].","sortOrder":28},{"sectionNumber":"17A","sectionType":"section","heading":"Appeal does not stay order","content":"#### 17A Appeal does not stay order\n\n17A Appeal does not stay order\n\n> Despite any provision of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), an appeal under that Act against an order made under this Act does not operate to stay the operation of the order unless the court to which the appeal is made so orders.\n> \n> Note—\n> \n> Section 70 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) provides for a right of appeal against the making of an order under this Act. Section 63 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) provides for a stay of orders on appeal.\n> \n> **s 17A (previously s 15):** Renumbered 2009 No 93, Sch 2 \\[2\\]. Am 2015 No 15, Sch 2.4.","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":"Restriction on publication of identity of registrable persons and victims","content":"#### 18 Restriction on publication of identity of registrable persons and victims\n\n18 Restriction on publication of identity of registrable persons and victims\n\n> > (1) A person must not publish in relation to any proceedings relating to an order under this Act:\n> > \n> > > (a) information that identifies or is reasonably likely to enable the identification of a person as the person against whom the order is sought or any such order is made,\n> > \n> > > (b) the name of any victim of a registrable offence committed by a registrable person,\n> > \n> > > (c) the name of any particular person referred to as a person at risk because of the conduct proposed to be prohibited,\n> > \n> > > (d) any matter reasonably likely to enable a person referred to in paragraph (b) or (c) to be identified.\n> > \n> > Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.\n> \n> > (2) This section does not apply in relation to the publication of any matter with the authority of the Local Court to which the application was made or any publication by a person of his or her name.\n> \n> > (3) This section does not apply in relation to the publication of any matter to any of the following persons:\n> > \n> > > (a) the registrable person,\n> > \n> > > (b) any other person or class of persons specified in the order concerned,\n> > \n> > > (c) any member of the NSW Police Force or a member of a law enforcement agency of the Commonwealth or another State or Territory (including the Australian Crime Commission) in their official capacity,\n> > \n> > > (d) any person involved in the administration of the order,\n> > \n> > > (e) any member of staff of a government agency involved in the assessment and management of a registrable person,\n> > \n> > > (f) any person for the purpose of an investigation of an alleged breach of an order or to any person involved in proceedings for any such breach,\n> > \n> > > (g) any other person to whom it is required or permitted to be disclosed pursuant to any other Act or law.\n> \n> **s 18:** Am 2006 No 94, Sch 3.3; 2016 No 55, Sch 2.1.","sortOrder":30},{"sectionNumber":"19","sectionType":"section","heading":"Recognition of prohibition orders made in other jurisdictions","content":"#### 19 Recognition of prohibition orders made in other jurisdictions\n\n19 Recognition of prohibition orders made in other jurisdictions\n\n> > (1) Regulations may be made for or with respect to the recognition of orders made by a court of a jurisdiction other than this State (including jurisdictions outside Australia) that are similar in nature to prohibition orders (corresponding prohibition orders).\n> \n> > (2) In particular, regulations may be made for or with respect to the following matters:\n> > \n> > > (a) the recognition of corresponding prohibition orders in this State,\n> > \n> > > (b) applications for recognition in this State of corresponding prohibition orders,\n> > \n> > > (c) the conferral on registrars of the Local Court, or the Local Court, of jurisdiction with respect to recognition in this State of corresponding prohibition orders,\n> > \n> > > (d) the modification of corresponding prohibition orders for the purposes of recognition in this State,\n> > \n> > > (e) the effect of recognition of corresponding prohibition orders in this State,\n> > \n> > > (f) the conferral on the Local Court of jurisdiction with respect to the variation or revocation of corresponding prohibition orders.\n> \n> **s 19:** Am 2007 No 94, Sch 1.8 \\[6\\].","sortOrder":31},{"sectionNumber":"20","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 20 Nature of proceedings for offences\n\n20 Nature of proceedings for offences\n\n> > (1) Proceedings for an offence under this Act (except an offence under section 13) or the regulations may be dealt with summarily before the Local Court.\n> \n> > (2) Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 13.\n> \n> **s 20:** Am 2007 No 94, Sch 2; 2013 No 77, Sch 1 \\[6\\] \\[7\\].","sortOrder":32},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"#### 21 Regulations\n\n21 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 23 Savings and transitional provisions\n\n23 Savings and transitional provisions\n\n> Schedule 2 has effect.","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Review of Act","content":"#### 24 Review of Act\n\n24 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":37},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2006 No 58, Sch 4.","sortOrder":38},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 23)\n\n**sch 2:** Am 2009 No 93, Sch 2 \\[5\\]; 2013 No 77, Sch 1 \\[8\\]–\\[12\\].","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions consequent on enactment of Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Act 2013","content":"# Part 4 Provisions consequent on enactment of Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Act 2013\n\nPart 4 Provisions consequent on enactment of [Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Act 2013](/view/html/repealed/current/act-2013-077)","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2004 Act created only 'child protection prohibition orders'—broad conduct restrictions. The 2009 amendments inserted Part 2A, adding 'contact prohibition orders' specifically targeting victim/offender contact. This significantly expanded the Act's scope from general risk management to specific victim protection, including extraterritorial application (section 16G(4)) and complex family relationship carve-outs. The 2013 amendments further refined both regimes, indicating the legislation has grown from a single-purpose risk management tool to a comprehensive framework with distinct procedural tracks."},"complexity_factors":["Multiple overlapping order types (prohibition orders vs contact prohibition orders) with different procedural rules","Cross-references to at least 6 other Acts (Child Protection (Offenders Registration) Act 2000, Local Court Act 2007, Crimes (High Risk Offenders) Act 2006, etc.)","Different rules for 'young registrable persons' (under 18) requiring additional considerations and shorter maximum terms","Nested conditions for interim orders vs final orders, with different evidentiary thresholds ('balance of probabilities' vs 'appears necessary')","Exception to the exception in section 16D regarding family contact prohibitions","Delegated legislative power for regulations with criminal penalties (up to 50 penalty units)","Transitional provisions spanning multiple amendment Acts (2009, 2013) with complex savings clauses","Non-derogation clauses (section 16C(4)) preserving other powers under the Act"],"plain_english_summary":"**What this law does:**\n\nThis Act gives NSW courts the power to impose special restrictions on people who have committed serious child sex offences (called \"registrable persons\" because they must be on the sex offenders register). These restrictions are designed to stop them from harming children again.\n\n**Two main types of orders:**\n\n1. **Child Protection Prohibition Orders (Part 2)** – These are broad restrictions that can ban a person from:\n   - Being near certain places (like schools or playgrounds)\n   - Associating with specific people or types of people\n   - Working with children\n   - Engaging in particular behaviours\n   \n   These orders last up to 5 years (or 2 years for offenders under 18). Police can get an urgent temporary order (called an \"interim order\") immediately if they believe a child is at immediate risk, even without telling the offender first.\n\n2. **Contact Prohibition Orders (Part 2A)** – These specifically stop an offender from contacting their victims or co-offenders. These last up to 12 months and include protections for family members, who generally cannot be banned from contact unless there are exceptional circumstances.\n\n**Who it affects:**\n- People convicted of serious child sex offences (\"registrable persons\")\n- Young offenders under 18 (with extra safeguards)\n- Victims of these offences\n- NSW Police, who must apply to the Local Court for these orders\n\n**Why it matters:**\nThis law creates a civil (non-criminal) way to restrict dangerous behaviour before a crime happens, rather than waiting until after someone re-offends. It balances community protection with fairness—courts must consider the offender's circumstances, and breaching an order is a serious criminal offence carrying up to 5 years prison. The law also protects victims' identities and allows for recognition of similar orders from other states or countries.\n\n**Key safeguards:**\n- Courts must explain orders in plain language\n- Offenders can consent to orders without a full hearing\n- Orders can be varied or revoked if circumstances change\n- Special rules protect young offenders and family relationships\n- Appeals don't automatically stop orders from operating"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The law has been amended 13 times since its original enactment in 2004, strongly indicating that its scope has expanded or refined over time. In similar NSW child protection legislation, amendments have historically broadened the categories of offenders covered, expanded the types of prohibitions available, and strengthened enforcement mechanisms. The addition of joint ministerial oversight (Police and Attorney General) also suggests the law's reach has grown beyond its original conception."},"complexity_factors":["The law operates at the intersection of civil and criminal law — orders are civil in nature but breach is a criminal offence, which is a nuanced legal distinction","Multiple amendments over 14+ years (13 versions) mean the current law may differ significantly from the original, requiring careful attention to which version applies","Joint ministerial responsibility (both Police/Counter-terrorism and Attorney General) suggests overlap between law enforcement and justice frameworks","The criteria for making, varying, or revoking orders involve judicial discretion and risk assessment, which are inherently complex legal concepts","Interaction with other child protection legislation (e.g., offender registration schemes) adds an additional layer of complexity","The available text is largely metadata/navigation content rather than the full legislative provisions, limiting full assessment — the actual Act likely contains detailed definitions, procedural requirements, and penalty provisions that add further complexity"],"plain_english_summary":"## Child Protection (Offenders Prohibition Orders) Act 2004 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law that allows courts to make special restriction orders — called **Prohibition Orders** — against people who have committed child sex offences. These orders can ban a convicted offender from doing specific things that might put children at risk, such as:\n- Going to certain places (like schools, parks, or swimming pools)\n- Working or volunteering in roles that involve contact with children\n- Using the internet in certain ways\n- Contacting specific children or their families\n\n**Who does it affect?**\n\n- **Child sex offenders** in NSW — the orders can be imposed on them, restricting their movements and activities beyond their standard sentence\n- **Children and families** — the law is designed to protect kids from people who have already shown a risk of offending\n- **Police** — they can apply to a court for one of these orders\n- **Employers and organisations** working with children may also be indirectly affected\n\n**Why does it matter?**\n\nA convicted offender can serve their prison sentence and still be subject to these orders afterwards, meaning the restrictions can continue long after release. Breaching (breaking) one of these orders is a criminal offence — so it's not just a guideline, it carries real legal consequences.\n\n**Key points to know:**\n- The orders are civil (non-criminal) orders, but breaching them *is* a criminal offence\n- They are separate from, and in addition to, any sentence already received\n- The law has been updated many times since 2004, showing it has evolved significantly over 14+ years\n- It sits alongside other child protection laws in NSW, including the Child Protection (Offenders Registration) Act"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented shows scope changes since its original enactment. Notably, Part 2A (contact prohibition orders) was inserted in 2009 (see \"pt 2A: Ins 2009 No 93, Sch 2 [3]\", and definitions and procedures for contact prohibitions appear at ss 16A–16H). Several sections carry amendment notes indicating later changes (for example s 8 amended 2013 No 77; s 13 and s 16G carry amendment notes). Transitional savings show application of new Parts to persons who were registrable before the amendments (Schedule 2, Part 3, cl 3). These amendments mechanically broaden the Act by creating a separate, time-limited contact prohibition power (Part 2A), adjusting penalties and procedural provisions in places, and adding specific rules for recognition of corresponding orders (s 19)."},"complexity_factors":["Multiple order types with different thresholds and terms (final prohibition orders, interim prohibition orders, contact prohibition orders) (s 5–7; Part 2A).","Different procedural rules and protections for young registrable persons (s 5(2); s 6; s 17).","Interplay with several other Acts and definitions by reference (Child Protection (Offenders Registration) Act 2000; Child Protection (Working with Children) Act 2012; Local Court Act 2007; Crimes (High Risk Offenders) Act 2006; Terrorism (High Risk Offenders) Act 2017) (s 3; s 8; s 16B note).","Consent procedure that can bypass substantive statutory tests (s 10).","Strong confidentiality and publication restrictions coupled with criminal penalties (s 14; s 18).","Administrative obligations on government agencies to supply information, with a privilege carve-out (s 16(1)–(3)).","Serious criminal penalties and summary/indictable procedural options with differing enforcement pathways (s 13; s 16G; s 20).","Regulations may add further offence provisions and recognition rules for interstate or foreign orders (s 19; s 21)."],"plain_english_summary":"What this law does (mechanically)\n\n- Gives the Commissioner of Police the sole power to apply to the Local Court for court orders that prohibit or restrict the behaviour of a \"registrable person\" (that term is defined by reference to the Child Protection (Offenders Registration) Act 2000) (s 4, s 3).\n- Types of orders:\n  - Child protection prohibition orders: court can prohibit specified conduct (associating with specified people, being in specified places, specified behaviour, or working in certain child-related roles) (s 5, s 8).\n  - Interim prohibition orders: short-term emergency orders that can be made without the person being present or having notice and remain in force until revoked or the underlying application is dealt with (s 7).\n  - Contact prohibition orders (Part 2A): separate orders that bar a registrable person from contacting specified victims or co-offenders in relation to a particular registrable offence; these have a maximum term of 12 months (s 16A–16C).\n- Decisionmaker and standard: the Local Court decides whether to make an order. For final prohibition orders the Court must be satisfied on the balance of probabilities that the person is a registrable person, that their conduct indicates a risk to the lives or sexual safety of children, and that the order will reduce that risk (s 5(1)).\n- Special rules for young registrable persons (under 18): the Court may make a prohibition order against a young registrable person only if all other reasonably appropriate means of managing their conduct have been considered (s 5(2)); maximum term for standard prohibition orders is shorter (s 6).\n- Consent disposals: the Court may make an order by consent (including interim orders) without being satisfied as to the usual statutory requirements (s 10).\n- Enforcement and penalties: contravening a prohibition order attracts a maximum criminal penalty of up to 500 penalty units or 5 years imprisonment (s 13). Contravening a contact prohibition order attracts a maximum penalty of 50 penalty units or 12 months imprisonment (s 16G). Police may arrest without warrant on reasonable suspicion of contravention (s 13(2), s 16G(3)).\n- Procedural safeguards and other mechanics:\n  - Proceedings for applications under the Act are to be heard in the absence of the public, though the Court can permit others to attend in appropriate cases (s 14; s 16H).\n  - The Court must take all reasonable steps to explain the order and consequences to the registrable person in understandable language, but failure to do so does not invalidate the order (s 9; s 16F).\n  - Registrable persons seeking variation or revocation require leave of the Court (s 11(3); s 16E(3)).\n  - Government agencies must provide information to the Commissioner on request for the purpose of assessing risk, except where the information is privileged (s 16(1)–(3)).\n  - Publication restrictions prohibit identifying the person against whom an order is sought or victims and carry criminal penalties (s 18).\n  - An appeal does not automatically stay an order unless the appellate court so orders (s 17A).\n  - Regulations can make further provisions and create offences (s 19, s 21).\n\nOfficial rationale (as expressed in the Act)\n\n- The Act treats a person as posing a risk to the lives or sexual safety of children if there is a risk the person will engage in conduct that may constitute a registrable offence against or in respect of a child (s 3(2)).\n- The stated mechanism to address that risk is to permit the Commissioner to seek court orders that prohibit conduct judged likely to reduce that risk (s 4, s 5(1)(b)).\n\nHow that rationale maps to costs, incentives, discretion and implementation mechanics (source-grounded)\n\n- Who decides and who pays:\n  - Police initiate proceedings: only the Commissioner of Police may apply for orders under the Act (s 4). The Commissioner must have reasonable or sufficient grounds in specified contexts (s 16B). The registrable person bears the direct compliance cost of any prohibitions (e.g. limits on movement, association, or working with children) (s 8).\n  - The Local Court decides whether the statutory tests are met and sets the term of orders (s 5, s 6, s 16C(2)).\n  - Government agencies must supply information on request to the Commissioner to assist risk assessment, which imposes an administrative obligation on those agencies (s 16(1)–(2)); privileged material is excluded (s 16(3)).\n- Incentives and behavioural effects:\n  - Orders can restrict employment in child-related work (s 8(1)(d)), which creates an incentive for affected registrable persons to avoid or be excluded from certain jobs or roles.\n  - Consent orders (s 10) permit quicker resolution without the Court applying the usual statutory tests, which may incentivise registrable persons to consent in exchange for certainty or to avoid contested proceedings.\n- Compliance burden and enforcement:\n  - Non-compliance is a criminal offence with substantial penalties (s 13; s 16G). Police may arrest without a warrant on reasonable suspicion of breach (s 13(2); s 16G(3)).\n  - Registrable persons seeking to change or remove an order must obtain leave of the Court, with leave granted only where changed circumstances make it in the interests of justice (s 11(3); s 16E(3)).\n- Bureaucratic and judicial discretion:\n  - The Local Court has broad enumerated factors to consider and an open power to take \"any other matters it thinks relevant\" when deciding to make a prohibition order (s 5(3)(a)–(k)).\n  - The Commissioner exercises gatekeeping discretion to bring applications and (for young registrable persons) faces limits on delegation of that function (s 17).\n  - Contact prohibition orders exclude close family from the prohibited list except in specific, recorded exceptional circumstances (s 16D(1)–(4)). The Court must record reasons when treating close family as exceptions (s 16D(4)).\n- Trade-offs and implementation risks (mechanisms, not judgments):\n  - Speed vs. contestability: the Court may issue interim orders without the registrable person being present or given notice (s 7(1)–(2)); interim orders remain effective until revoked or the application is dismissed (s 7(6)). This mechanism produces immediate legal effect before a full contested hearing (s 7(4)–(5)).\n  - Confidentiality and public scrutiny: proceedings are to be heard in camera (private) (s 14; s 16H), and publication of identifying information is prohibited with criminal penalties (s 18). These mechanisms limit public disclosure of proceedings and identities.\n  - Cross-jurisdictional recognition is left to regulations (s 19), so recognition and variation of similar orders from other jurisdictions depend on delegated rulemaking rather than express statutory harmonisation.\n- Opportunity costs and administrative load:\n  - Police and courts will allocate resources to bring, hear and enforce applications; government agencies must respond to information requests (s 16). The Act requires a statutory review after five years of assent to test continued appropriateness (s 24), which itself requires ministerial and parliamentary time.\n\nPractical effect summary (who acts, who is affected, what changes)\n\n- The Commissioner of Police can apply for court-ordered prohibitions against people who are registrable persons (s 4).\n- The Local Court can impose a range of conduct restrictions (including contact bans and workplace restrictions), impose interim emergency orders, set limited terms, and enforce breaches with criminal penalties (s 5–9, s 13, Part 2A).\n- Registrable persons face legal obligations, criminal penalties for breach, limitations on employment with children, and constraints on communications with victims or co-offenders in certain cases (s 8, s 13, s 16G).\n- Government agencies must assist the Commissioner with information for risk assessment (s 16).\n\nKey statutory citations: s 3 (definitions and risk standard), s 4 (who may apply), s 5–7 (making final and interim prohibition orders), s 8 (kinds of conduct prohibited), s 9 and s 16F (explanation to the person), s 10 (orders by consent), s 11 and s 16E (variation/revocation procedure), s 13 and s 16G (penalties and arrest powers), s 14 and s 16H (private hearings), s 16 (information from agencies), s 16A–16D (contact prohibition orders and close family rules), s 17 (delegation limits), s 17A (appeal does not stay), s 18 (publication restrictions), s 19 (recognition of external orders), s 21 (regulation-making), s 24 (statutory review).\n"}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-offenders-prohibition-orders-act-2004","history":"/api/acts/child-protection-offenders-prohibition-orders-act-2004/history","analysis":"/api/acts/child-protection-offenders-prohibition-orders-act-2004/analysis","conflicts":"/api/acts/child-protection-offenders-prohibition-orders-act-2004/conflicts","importantCases":"/api/acts/child-protection-offenders-prohibition-orders-act-2004/important-cases","documents":"/api/acts/child-protection-offenders-prohibition-orders-act-2004/documents"}}