{"id":"nsw:sl-2025-0428","name":"Child Protection (Offenders Prohibition Orders) Regulation 2025","slug":"child-protection-offenders-prohibition-orders-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"428 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173861,"registerId":"nsw-sl-2025-0428-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Child Protection (Offenders Prohibition Orders) Regulation 2025](/view/html/inforce/current/sl-2025-0428).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2025.\n> \n> Note—\n> \n> This regulation replaces the [Child Protection (Offenders Prohibition Orders) Regulation 2018](/view/html/repealed/current/sl-2018-0466), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> corresponding prohibition order—see section 4.\n> \n> the Act means the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Corresponding prohibition orders","content":"# Part 2 Corresponding prohibition orders\n\nPart 2 Corresponding prohibition orders","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Recognition of corresponding prohibition orders—the Act, s 19(2)(a)","content":"#### 4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)\n\n4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)\n\n> The following orders are recognised as corresponding prohibition orders—\n> \n> > (a) an order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland, Part 3A,\n> \n> > (b) an order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory, Part 5,\n> \n> > (c) an order under the Child Sex Offenders Registration Act 2006 of South Australia, Part 5C,\n> \n> > (d) an order under the Community Protection (Offender Reporting) Act 2004 of Western Australia, Part 5,\n> \n> > (e) an order under the Community Protection (Offender Reporting) Act 2005 of Tasmania, section 10A,\n> \n> > (f) an order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory, Chapter 5A,\n> \n> > (g) an order under the Criminal Procedure Act 1921 of South Australia, section 99AA,\n> \n> > (h) an order under the Sex Offenders Registration Act 2004 of Victoria, Part 4A,\n> \n> > (i) an order under the Sexual Offences Act 2003 of the United Kingdom, Part 2.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)","content":"#### 5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)\n\n5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)\n\n> If a court of a jurisdiction other than New South Wales varies or revokes a corresponding prohibition order made in the other jurisdiction, the variation or revocation applies to the extent the corresponding prohibition order has effect in New South Wales.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)","content":"#### 6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)\n\n6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)\n\n> > (1) A corresponding prohibition order—\n> > \n> > > (a) has the same effect as if it were a prohibition order, and\n> > \n> > > (b) may be enforced in New South Wales against the person subject to the order as if it were a prohibition order made under the Act, and\n> > \n> > > (c) has effect in New South Wales for the term of the order.\n> \n> > (2) Subsection (1) does not enable an appeal under the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) in relation to the decision to make the corresponding prohibition order.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)","content":"#### 7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)\n\n7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)\n\n> > (1) The Commissioner of Police or a person subject to a corresponding prohibition order may apply to the Local Court to—\n> > \n> > > (a) vary the order, other than to vary the term of the order, or\n> > \n> > > (b) revoke the order.\n> \n> > (2) A person subject to a corresponding prohibition order must not make an application under subsection (1) without the leave of the Local Court.\n> \n> > (3) The Local Court must not grant leave unless 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 application must be accompanied by—\n> > \n> > > (a) a copy of the corresponding prohibition order, and\n> > \n> > > (b) a copy of all variations that have been made to the corresponding prohibition order.\n> \n> > (5) The Local Court may determine the application—\n> > \n> > > (a) by varying or revoking the corresponding prohibition order to the extent the order has effect in New South Wales, or\n> > \n> > > (b) by dismissing the application.\n> \n> > (6) The respondent to an application under this section is—\n> > \n> > > (a) for an application by the Commissioner of Police—the person subject to the corresponding prohibition order, and\n> > \n> > > (b) for an application by a person subject to the corresponding prohibition order—the Commissioner of Police.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Restriction on publication of identity—the Act, s 19(1)","content":"#### 8 Restriction on publication of identity—the Act, s 19(1)\n\n8 Restriction on publication of identity—the Act, s 19(1)\n\n> > (1) A person must not publish information that identifies, or is reasonably likely to enable the identification of—\n> > \n> > > (a) a person as a person subject to a corresponding prohibition order, or\n> > \n> > > (b) a person as a person at risk because of the conduct prohibited by a corresponding prohibition order.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) information published with the authority of the Local Court, or\n> > \n> > > (b) the publication by a person of the person’s own name, or\n> > \n> > > (c) the publication of information to the following persons—\n> > > \n> > > > (i) the person subject to the relevant corresponding prohibition order,\n> > > \n> > > > (ii) another person, or class of persons, specified in the relevant corresponding prohibition order,\n> > > \n> > > > (iii) a member of the NSW Police Force,\n> > > \n> > > > (iv) a member of a law enforcement agency of the United Kingdom, the Commonwealth or another State or Territory, including the Australian Criminal Intelligence Commission, in that person’s official capacity,\n> > > \n> > > > (v) a person involved in the administration of the relevant corresponding prohibition order,\n> > > \n> > > > (vi) a member of staff of a government agency involved in the assessment and management of persons subject to corresponding prohibition orders,\n> > > \n> > > > (vii) a person for the purposes of an investigation of an alleged breach of a corresponding prohibition order,\n> > > \n> > > > (viii) a person involved in proceedings relating to an alleged breach of a corresponding prohibition order, or\n> > \n> > > (d) information required or authorised to be published under another Act or law.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17","content":"#### 9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17\n\n9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17\n\n> For the Act, section 17, the police officer in charge of the Child Protection Register, established under the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042), section 19, is prescribed.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Savings","content":"#### 10 Savings\n\n10 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Child Protection (Offenders Prohibition Orders) Regulation 2018](/view/html/repealed/current/sl-2018-0466), had effect under that regulation continues to have effect under this regulation.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2018 regulation with no expansion beyond the original purpose. The regulation maintains the same scope: recognising and enforcing interstate and UK child protection prohibition orders in NSW. The savings provision (section 10) confirms continuity with the previous version."},"complexity_factors":["Short document: only 10 sections across 3 Parts","Minimal defined terms: only 2 explicit definitions in section 3 ('corresponding prohibition order' and 'the Act'), with reliance on external definitions from parent Act and Interpretation Act 1987","Straightforward structure: clear Part-based organisation with descriptive headings referencing parent Act sections","Limited conditional logic: primarily simple declaratory provisions with one nested exception structure in section 8(2) containing multiple sub-exceptions","Cross-references are explicit and manageable: primarily references to parent Act (Child Protection (Offenders Prohibition Orders) Act 2004) and listed interstate/UK legislation","No complex calculations, time-based formulas, or layered exceptions beyond the publication restrictions in section 8"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out how New South Wales recognises and enforces child protection prohibition orders made in other Australian states, territories, and the United Kingdom. These are court orders that restrict what convicted child sex offenders can do — such as where they can go, who they can contact, or what technology they can use.\n\n**Key things it covers:**\n\n- **Recognition of interstate and UK orders:** Lists exactly which orders from Queensland, the Northern Territory, South Australia, Western Australia, Tasmania, the ACT, Victoria, and the UK are treated as valid in NSW (section 4).\n\n- **Automatic updates:** If another state or the UK changes or cancels one of these orders, that change automatically applies in NSW too (section 5).\n\n- **Same powers as NSW orders:** Once recognised, these interstate/UK orders work exactly like NSW-made orders — police can enforce them, and they last for their full original term (section 6).\n\n- **Limited local changes:** The NSW Local Court can vary (change) or revoke (cancel) these orders, but only for how they operate in NSW. The person under the order needs the court's permission to apply, and only if their circumstances have changed significantly (section 7).\n\n- **Privacy protections:** Makes it a crime (up to 50 penalty units) to publish information that identifies someone under one of these orders or their potential victims, with exceptions for police, courts, and official purposes (section 8).\n\n- **Who can apply for orders against young offenders:** Specifies that the police officer in charge of the Child Protection Register handles applications involving young people (section 9).\n\n- **Continuity:** Ensures anything valid under the old 2018 regulation remains valid under this new one (section 10).\n\n**Who it affects:**\n\n- People subject to child protection prohibition orders from other Australian jurisdictions or the UK who move to or visit NSW\n- NSW Police and the courts\n- Government agencies managing offender monitoring\n- Media and public regarding publication restrictions\n\n**Why it matters:**\n\nChild sex offenders sometimes move between states or from overseas. Without this regulation, an order made in Queensland or the UK wouldn't automatically apply in NSW, creating dangerous gaps in protection. This ensures consistent safeguards for children regardless of where the original court order was made."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available content, there is no indication the regulation's scope has changed from its original intent. It appears to function as a standard supporting instrument for the parent Child Protection (Offenders Prohibition Orders) Act, providing procedural detail consistent with that Act's purpose. However, the extremely limited substantive content provided makes a definitive assessment impossible."},"complexity_factors":["Very limited substantive legislative content was provided — mostly metadata and website navigation, making full analysis impossible","Sits within a multi-layered legal framework (regulation beneath an Act), requiring familiarity with both instruments to fully understand","Child protection law intersects with criminal law, administrative law, and civil liberties, adding conceptual complexity","Staged repeal mechanism adds a temporal dimension that may confuse non-specialists","Interaction with parent Act means the regulation cannot be understood in isolation"],"plain_english_summary":"This NSW regulation implements procedural and administrative rules under the Child Protection (Offenders Prohibition Orders) Act to enable courts and authorities to issue, vary and enforce prohibition orders that restrict where convicted child sex offenders can go and what they can do. It affects offenders, victims and families, police, child protection authorities and courts by detailing forms, timeframes and notification/enforcement processes.\n\nThe regulation is scheduled for automatic repeal on 1 September 2030."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation preserves and clarifies the existing scheme for recognising and enforcing corresponding prohibition orders in NSW rather than expanding substantive scope. It lists recognised external orders, equates their effect with NSW prohibition orders, provides procedural rules for variation/revocation, restricts publication, prescribes a delegate, and contains a savings clause continuing prior effects (see ss 4–10). The repealing and savings provisions (s 2, s 10) indicate continuity, not an enlargement, of regulatory scope."},"complexity_factors":["Cross‑jurisdiction recognition of specific foreign/state orders introduces interjurisdictional coordination and importation of external legal standards (s 4, s 6).","Judicial gatekeeping for applicant‑initiated variations—leave requirement and 'interests of justice' test—adds procedural discretion (s 7(1)–(3)).","Publication prohibition carries a monetary penalty and numerous, specific exceptions, creating compliance risk for publishers and information holders (s 8(1)–(2)).","Enforcement parity with NSW orders plus an explicit bar on appeals to NSW appeal mechanisms limits remedies and alters litigation strategy (s 6(1)(b), s 6(2)).","Delegation prescription centralises a particular police role, affecting administrative responsibility and decision‑making (s 9).","Commencement and savings clauses preserve continuity while repealing the prior regulation, requiring administrators to manage transition (s 2, s 10).","Reliance on definitions and interpretive provisions in other Acts means meaning and scope depend on external legislative texts (s 3 note)."],"plain_english_summary":"This regulation, replacing the 2018 instrument and commencing 1 September 2025, sets how child‑protection prohibition orders made in other Australian jurisdictions and the UK operate in New South Wales. It treats recognised out‑of‑state orders as if made under NSW law, allows police or the person subject to apply to the Local Court to vary or revoke (leave required for the subject), restricts publication of identifying information (50 penalty units), prescribes a police delegate, and preserves existing orders' effect."}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025","history":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025/history","analysis":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025/analysis","conflicts":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025/conflicts","importantCases":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025/important-cases","documents":"/api/acts/child-protection-offenders-prohibition-orders-regulation-2025/documents"}}