{"id":"nsw:sl-2025-0447","name":"Child Protection (Offenders Registration) Regulation 2025","slug":"child-protection-offenders-registration-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"447 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173997,"registerId":"nsw-sl-2025-0447-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 Registration) Regulation 2025](/view/pdf/asmade/sl-2025-447).","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 This regulation replaces the [Child Protection (Offenders Registration) Regulation 2015](/view/html/repealed/current/sl-2015-0422), which is repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2)."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> correctional patient has the same meaning as in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012).\n> \n> Health Secretary means the Secretary of the department in which the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135) is administered.\n> \n> Pre-Trial Diversion of Offenders Program has the same meaning as in the [Pre-Trial Diversion of Offenders Act 1985](/view/html/inforce/current/act-1985-153).\n> \n> Secretary means the Secretary of the Department of Communities and Justice.\n> \n> statutory notice means a written notice given to a registrable person under any of the following provisions of the Act—\n> \n> > (a) section 3J(2)(a)(ii)\n> \n> > (b) section 3N(2),\n> \n> > (c) section 5(1),\n> \n> > (d) section 6(1),\n> \n> > (e) section 7(1),\n> \n> > (f) section 7A(2).\n> \n> the Act means the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042).\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.\n> \n> **s 3:** Am 2025 (446), Sch 1\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “supervising authority”—the Act, s 2B(1)","content":"#### 4 Definition of “supervising authority”—the Act, s 2B(1)\n\n4 Definition of “supervising authority”—the Act, s 2B(1)\n\n> > (1) For the Act, section 2B(1), definition of supervising authority, the following authorities are prescribed as having control of the registrable person—\n> > \n> > > (a) for a registrable person who is participating in the Pre-Trial Diversion of Offenders Program—the Director of the program,\n> > \n> > > (b) for a registrable person who is a prescribed offender—the Secretary,\n> > \n> > > (c) for a registrable person who is a forensic patient—the Health Secretary,\n> > \n> > > (d) for a registrable person who is a correctional patient—the Commissioner of Corrective Services.\n> \n> > (2) In this section—\n> > \n> > prescribed offender includes the following—\n> > \n> > > (a) an inmate,\n> > \n> > > (b) an existing licensee,\n> > \n> > > (c) a detainee,\n> > \n> > > (d) a person subject to an intensive correction order, community correction order or conditional release order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092),\n> > \n> > > (e) a person subject to 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> > > (f) a person under the supervision of the Secretary or another employee of the Department of Communities and Justice under one of the following—\n> > > \n> > > > (i) an order made by the Children’s Court under the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), section 33,\n> > > \n> > > > (ii) a condition of parole under the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057), the [Parole Orders (Transfer) Act 1983](/view/html/inforce/current/act-1983-190) or the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth,\n> > > \n> > > > (iii) an order made by a court of a foreign jurisdiction.\n> \n> **s 4:** Am 2025 (446), Sch 1\\[3\\] \\[4\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Corresponding legislation","content":"# Part 2 Corresponding legislation\n\nPart 2 Corresponding legislation","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Definition of “corresponding Act”—the Act, s 2B(1)","content":"#### 5 Definition of “corresponding Act”—the Act, s 2B(1)\n\n5 Definition of “corresponding Act”—the Act, s 2B(1)\n\n> For the Act, section 2B(1), definition of corresponding Act, paragraph (b), the following Acts are stated to be corresponding Acts—\n> \n> > (a) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland,\n> \n> > (b) the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory,\n> \n> > (c) the Child Sex Offenders Registration Act 2006 of South Australia,\n> \n> > (d) the Community Protection (Offender Reporting) Act 2004 of Western Australia,\n> \n> > (e) the Community Protection (Offender Reporting) Act 2005 of Tasmania,\n> \n> > (f) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory,\n> \n> > (g) the Sex Offenders Registration Act 2004 of Victoria,\n> \n> > (h) the Sexual Offences Act 2003 of the United Kingdom.\n> \n> **s 5:** Am 2025 (446), Sch 1\\[3\\] \\[4\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definition of “corresponding child protection registration order”—the Act, s 2B(1)","content":"#### 6 Definition of “corresponding child protection registration order”—the Act, s 2B(1)\n\n6 Definition of “corresponding child protection registration order”—the Act, s 2B(1)\n\n> For the Act, section 2B(1), definition of corresponding child protection registration order, an order made under any of the following provisions is a class of order stated to be a corresponding child protection registration order—\n> \n> > (a) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland, Part 3,\n> \n> > (b) the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory, section 13,\n> \n> > (c) the Child Sex Offenders Registration Act 2006 of South Australia, section 9,\n> \n> > (d) the Community Protection (Offender Reporting) Act 2004 of Western Australia, sections 13, 14A, 19 and 20A,\n> \n> > (e) the Community Protection (Offender Reporting) Act 2005 of Tasmania, sections 7 and 9,\n> \n> > (f) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory, Part 2.2,\n> \n> > (g) the Sex Offenders Registration Act 2004 of Victoria, section 11,\n> \n> > (h) the Sexual Offences Act 2003 of the United Kingdom, Part 2.\n> \n> **s 6:** Am 2025 (446), Sch 1\\[3\\]–\\[5\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Foreign witness protection laws—the Act, ss 3A(3) and 13(1A)","content":"#### 7 Foreign witness protection laws—the Act, ss 3A(3) and 13(1A)\n\n7 Foreign witness protection laws—the Act, ss 3A(3) and 13(1A)\n\n> For the Act, sections 3A(3) and 13(1A), the following foreign witness protection laws are specified—\n> \n> > (a) the Witness Protection Act 1991 of Victoria,\n> \n> > (b) the [Witness Protection Act 1994](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (c) the Witness Protection Act 1996 of South Australia,\n> \n> > (d) the Witness Protection Act 1996 of the Australian Capital Territory,\n> \n> > (e) the Witness Protection Act 2000 of Queensland,\n> \n> > (f) the Witness Protection Act 2000 of Tasmania,\n> \n> > (g) the Witness Protection (Northern Territory) Act 2002 of the Northern Territory,\n> \n> > (h) the Witness Protection (Western Australia) Act 1996 of Western Australia.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Persons excluded from being corresponding registrable persons—the Act, s 3L(3)","content":"#### 8 Persons excluded from being corresponding registrable persons—the Act, s 3L(3)\n\n8 Persons excluded from being corresponding registrable persons—the Act, s 3L(3)\n\n> For the Act, section 3L(3), the following classes of persons are excluded—\n> \n> > (a) a reportable offender within the meaning of the Community Protection (Offender Reporting) Act 2004 of Western Australia if—\n> > \n> > > (i) the reportable offences for which the reportable offender has been sentenced are—\n> > > \n> > > > (A) offences under The Criminal Code of Western Australia, section 329(7) or 330, or\n> > > \n> > > > (B) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in sub-subparagraph (A), and\n> > \n> > > (ii) but for the offences, the person would not be a reportable offender under that Act,\n> \n> > (b) a reportable offender within the meaning of the Community Protection (Offender Reporting) Act 2005 of Tasmania if—\n> > \n> > > (i) the reportable offences for which the reportable offender has been sentenced are—\n> > > \n> > > > (A) offences under the Criminal Code Act 1924 of Tasmania, section 185, or\n> > > \n> > > > (B) offences under the Sex Industry Offences Act 2005 of Tasmania, section 7, or\n> > > \n> > > > (C) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in sub-subparagraph (A) or (B), and\n> > \n> > > (ii) but for the offences, the person would not be a reportable offender under that Act,\n> \n> > (c) a registrable offender within the meaning of the Sex Offenders Registration Act 2004 of Victoria if—\n> > \n> > > (i) the registrable offences for which the registrable offender has been sentenced are—\n> > > \n> > > > (A) Class 3 or Class 4 offences within the meaning of the Sex Offenders Registration Act 2004 of Victoria, or\n> > > \n> > > > (B) offences under the Crimes Act 1958 of Victoria, section 54A or 59, or\n> > > \n> > > > (C) offences of attempting, or of conspiracy or incitement, to commit an offence referred to in sub-subparagraph (A) or (B), and\n> > \n> > > (ii) but for the offences, the person would not be a registrable offender under that Act.\n> \n> **s 8:** Am 2025 (446), Sch 1\\[6\\] \\[7\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Exercise of functions","content":"# Part 3 Exercise of functions\n\nPart 3 Exercise of functions","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Exercise of sentencing court’s functions by supervising authorities—the Act, s 22(3)(a)(i)","content":"#### 9 Exercise of sentencing court’s functions by supervising authorities—the Act, s 22(3)(a)(i)\n\n9 Exercise of sentencing court’s functions by supervising authorities—the Act, s 22(3)(a)(i)\n\n> > (1) This section applies if, when a registrable person order or child protection registration order is made in relation to a person, the person is not physically present in the court.\n> \n> > (2) The function of a sentencing court under the Act, section 3J(2) in relation to the person must be exercised by the following corresponding supervising authorities—\n> > \n> > > (a) for a person who is participating in the Pre-Trial Diversion of Offenders Program—the Director of the program,\n> > \n> > > (b) for a person who is a forensic patient—the Health Secretary,\n> > \n> > > (c) for a person who is an inmate or a detainee—the Secretary,\n> > \n> > > (d) for a person who is a correctional patient—the Commissioner of Corrective Services,\n> > \n> > > (e) otherwise—the Commissioner of Police.\n> \n> > (3) The sentencing court may give the supervising authority a copy of the registrable person order or child protection registration order to enable the authority to perform the function.\n> \n> **s 9:** Am 2025 (446), Sch 1\\[8\\]–\\[10\\].","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Exercise of other functions by Commissioner of Police—the Act, ss 5(2) and 22(3)(b)(iii)","content":"#### 10 Exercise of other functions by Commissioner of Police—the Act, ss 5(2) and 22(3)(b)(iii)\n\n10 Exercise of other functions by Commissioner of Police—the Act, ss 5(2) and 22(3)(b)(iii)\n\n> > (1) The function of the Secretary under the Act, section 5(1) must be performed by the Commissioner of Police unless—\n> > \n> > > (a) the Commissioner has notified the Secretary that the registrable person has not, or may not have, been given the statutory notice under the Act, section 3J(2)(a)(ii), or\n> > \n> > > (b) the person, in the Secretary’s opinion—\n> > > \n> > > > (i) is a child or has a special need, and\n> > > \n> > > > (ii) is incapable of understanding the statutory notice required to be given under the Act, section 3J(2)(a)(ii).\n> \n> > (2) The Commissioner may give the registrable person notice under this section when the registrable person first attends a police station to comply with the registrable person’s reporting obligations.\n> \n> **s 10:** Am 2025 (446), Sch 1\\[1\\].","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Requirements for statutory notices","content":"# Part 4 Requirements for statutory notices\n\nPart 4 Requirements for statutory notices","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Giving of statutory notices—the Act, ss 3N(4) and 22(1A)(c)","content":"#### 11 Giving of statutory notices—the Act, ss 3N(4) and 22(1A)(c)\n\n11 Giving of statutory notices—the Act, ss 3N(4) and 22(1A)(c)\n\n> > (1) A statutory notice must be given—\n> > \n> > > (a) for a statutory notice required to be given under the Act, section 3N(2)—\n> > > \n> > > > (i) in person, or\n> > > \n> > > > (ii) by email or other electronic means, or\n> > \n> > > (b) otherwise—in person.\n> \n> > (2) If a statutory notice is given to a person under subsection (1)(a)(ii) and the person does not acknowledge receipt of the notice within 48 hours, the Commissioner of Police must give the notice in person.\n> \n> **s 11:** Subst 2025 (446), Sch 1\\[11\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Contents of statutory notices—the Act, s 22(1A)(b), (f)(viii) and (g)","content":"#### 12 Contents of statutory notices—the Act, s 22(1A)(b), (f)(viii) and (g)\n\n12 Contents of statutory notices—the Act, s 22(1A)(b), (f)(viii) and (g)\n\n> > (1) A statutory notice must include the following—\n> > \n> > > (a) the date on which the notice is given,\n> > \n> > > (b) the place at which the notice is given,\n> > \n> > > (c) the name of the registrable person,\n> > \n> > > (d) for a statutory notice other than a written notice required to be given to a person under the Act, section 3J(2)(a)(ii)—details of the registrable person’s reporting period, including—\n> > > \n> > > > (i) the date on which the reporting period ends, and\n> > > \n> > > > (ii) that the end date may be changed, and\n> > > \n> > > > (iii) that, if the end date is changed, a new notice will be given to the registrable person,\n> > \n> > > (d1) for a statutory notice required to be given to a person under the Act, section 3J(2)(a)(ii)—details of the registrable person’s reporting period, including—\n> > > \n> > > > (i) the length of the reporting period, and\n> > > \n> > > > (ii) information about when the reporting period will commence,\n> > \n> > > (e) for a statutory notice other than a written notice required to be given to a person under the Act, section 3J(2)(a)(ii)—a signature block for the registrable person to record the registrable person’s signature.\n> \n> > (2) The person giving the statutory notice to the registrable person must—\n> > \n> > > (a) ask the registrable person to record the registrable person’s signature in the relevant signature block on a copy of the statutory notice, and\n> > \n> > > (b) if the registrable person refuses to record the registrable person’s signature as requested—record that fact on the copy of the statutory notice.\n> \n> > (3) Subsection (2) does not apply if the statutory notice being given is a written notice required to be given under the Act, section 3J(2)(a)(ii).\n> \n> > (4) The sentencing court must keep a copy of each statutory notice given on the court’s behalf.\n> \n> > (5) The supervising authority must keep a record summarising the information referred to in subsections (1) and (2) for each statutory notice given on the authority’s behalf.\n> \n> > (6) The Commissioner of Police must keep a record summarising the information referred to in subsections (1) and (2) for each statutory notice given on the Commissioner’s behalf.\n> \n> > (7) A sentencing court or supervising authority must give the Commissioner a copy of each document or record kept under subsection (4) or (5).\n> \n> **s 12:** Am 2025 (446), Sch 1\\[1\\] \\[12\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Records about giving of statutory notices—the Act, s 22(1A)(f)(vii)(B) and (g)","content":"#### 13 Records about giving of statutory notices—the Act, s 22(1A)(f)(vii)(B) and (g)\n\n13 Records about giving of statutory notices—the Act, s 22(1A)(f)(vii)(B) and (g)\n\n> > (1) As soon as reasonably practicable after giving a statutory notice to a registrable person, the sentencing court or supervising authority must—\n> > \n> > > (a) notify the Commissioner of Police of the date on which the statutory notice was given to the registrable person, and\n> > \n> > > (b) give the Commissioner a copy of the statutory notice.\n> \n> > (2) The Commissioner of Police must keep a record of—\n> > \n> > > (a) each statutory notice given, and\n> > \n> > > (b) the information received under subsection (1), and\n> > \n> > > (c) if, in the Commissioner’s opinion, a registrable person who is given a statutory notice is incapable of understanding the notice—\n> > > \n> > > > (i) the name of the registrable person, and\n> > > \n> > > > (ii) the fact that the registrable person is, in the Commissioner’s opinion, incapable of understanding the notice.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Additional written notices for particular registrable persons—the Act, s 5(2)","content":"#### 14 Additional written notices for particular registrable persons—the Act, s 5(2)\n\n14 Additional written notices for particular registrable persons—the Act, s 5(2)\n\n> > (1) This section applies if a supervising authority is required to give a statutory notice—\n> > \n> > > (a) for a registrable person who is a forensic patient—under section 9(2)(b) or the Act, section 5(1), or\n> > \n> > > (b) for a registrable person who is a correctional patient—under section 9(2)(d) or the Act, section 5(1).\n> \n> > (2) If, in the supervising authority’s opinion, the registrable person is incapable of understanding the statutory notice, the supervising authority must keep a record of that fact.\n> \n> > (3) If, in the supervising authority’s opinion, the registrable person later becomes capable of understanding the statutory notice, the supervising authority must, as soon as reasonably practicable after forming that opinion, give the registrable person a new copy of the statutory notice.\n> \n> > (4) To avoid doubt, this section applies even if the supervising authority has taken measures under section 15 to help the registrable person understand the statutory notice.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Registrable persons who are children or have special needs—the Act, s 22(1A)(f)(ii)","content":"#### 15 Registrable persons who are children or have special needs—the Act, s 22(1A)(f)(ii)\n\n15 Registrable persons who are children or have special needs—the Act, s 22(1A)(f)(ii)\n\n> > (1) This section applies if—\n> > \n> > > (a) a statutory notice is required to be given to a registrable person, and\n> > \n> > > (b) before the statutory notice is given to the person, the sentencing court, supervising authority or Commissioner of Police forms the opinion that the registrable person—\n> > > \n> > > > (i) is a child or has a special need, and\n> > > \n> > > > (ii) is incapable of understanding the statutory notice.\n> \n> > (2) If the sentencing court forms the opinion under subsection (1)(b), the court must inform the following of the court’s opinion and the reasons for the opinion—\n> > \n> > > (a) the Commissioner of Police,\n> > \n> > > (b) the supervising authority for the registrable person.\n> \n> > (3) If the supervising authority forms the opinion under subsection (1)(b), the authority must—\n> > \n> > > (a) inform the Commissioner of Police of the authority’s opinion and the reasons for the opinion, and\n> > \n> > > (b) take measures to help the registrable person understand the registrable person’s reporting obligations and the consequences of failing to comply with the reporting obligations, and\n> > \n> > > (c) keep a record of measures taken by the authority under this subsection in relation to the registrable person, and\n> > \n> > > (d) inform the Commissioner of Police of each occasion on which measures are taken under paragraph (b) and the nature of the measures taken.\n> \n> > (4) If the Commissioner of Police forms the opinion under subsection (1)(b), the Commissioner must—\n> > \n> > > (a) inform the supervising authority for the registrable person of the Commissioner’s opinion and the reasons for the opinion, and\n> > \n> > > (b) take measures to help the registrable person understand the registrable person’s reporting obligations and the consequences of failing to comply with the reporting obligations, and\n> > \n> > > (c) keep a record of the measures—\n> > > \n> > > > (i) taken by the Commissioner under this subsection in relation to the registrable person, and\n> > > \n> > > > (ii) taken by the supervising authority for the registrable person under subsection (3) of which the supervising authority has advised the Commissioner.\n> \n> Examples—\n> \n> Measures that may be taken under this section to assist a registrable person include the following—\n> \n> > (a) providing an explanation of the statutory notice,\n> \n> > (b) providing a translated copy of the statutory notice,\n> \n> > (c) making a translator available to the registrable person,\n> \n> > (d) making a person with experience in communicating with persons who have similar special needs as the registrable person available,\n> \n> > (e) giving the registrable person additional written notice in a form that can be more readily understood by persons who have similar special needs as the registrable person,\n> \n> > (f) arranging for a support person to be present when—\n> > \n> > > (i) the statutory notice is being given to the registrable person, or\n> > \n> > > (ii) another measure is being taken to communicate the reporting obligations and consequences of failing to comply to the registrable person.","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reporting requirements","content":"# Part 5 Reporting requirements\n\nPart 5 Reporting requirements","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Change of travel plans while out of New South Wales—the Act, s 11B(3)(a) and (b)","content":"#### 17 Change of travel plans while out of New South Wales—the Act, s 11B(3)(a) and (b)\n\n17 Change of travel plans while out of New South Wales—the Act, s 11B(3)(a) and (b)\n\n> > (1) For the Act, section 11B(3)(a), a registrable person may make a report under the Act, section 11B by email to an email address specified by the Commissioner of Police.\n> \n> > (2) For the Act, section 11B(3)(b), a registrable person may make a report under the Act, section 11B by post to an address specified by the Commissioner of Police.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Ways registrable person may report—the Act, s 12A(2)","content":"#### 18 Ways registrable person may report—the Act, s 12A(2)\n\n18 Ways registrable person may report—the Act, s 12A(2)\n\n> > (1) A registrable person or the registrable person’s supervisor may make a report, other than an in-person report, to the Crime Manager for the relevant reporting area by—\n> > \n> > > (a) telephone, or\n> > \n> > > (b) email or other electronic means.\n> \n> > (2) The supervisor must not make a report on behalf of the registrable person unless—\n> > \n> > > (a) the registrable person has presented, for the supervisor’s inspection, the documents the registrable person would be required to present under the Act, section 12D if the registrable person were making the report to a police officer in person, and\n> > \n> > > (b) the supervisor is satisfied of the registrable person’s identity.\n> \n> > (3) In this section—\n> > \n> > Crime Manager, for a relevant reporting area, means the police officer for the time being appointed by the Commissioner of Police to the position of Crime Manager for the relevant reporting area and includes a police officer acting in that position.\n> > \n> > in-person report means a report to which the Act, section 12A(1) applies.\n> > \n> > police area command means an area designated by the Commissioner of Police as a police area command.\n> > \n> > police district means an area designated by the Commissioner of Police as a police district.\n> > \n> > relevant reporting area means one of the following areas within which the registrable person resides—\n> > \n> > > (a) a police area command,\n> > \n> > > (b) a police district.\n> > \n> > supervisor, in relation to a registrable person, means the person appointed to supervise the registrable person by the supervising authority for the registrable person.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Time for giving personal information report if reporting obligations recommence—the Act, s 20A(3)","content":"#### 19 Time for giving personal information report if reporting obligations recommence—the Act, s 20A(3)\n\n19 Time for giving personal information report if reporting obligations recommence—the Act, s 20A(3)\n\n> For the Act, section 20A(3), the period of 5 days after the prohibition order is made is prescribed.\n> \n> **s 19:** Am 2025 (446), Sch 1\\[14\\] \\[15\\].","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Identification of registrable person’s representative—the Act, s 22(1A)(a)","content":"#### 20 Identification of registrable person’s representative—the Act, s 22(1A)(a)\n\n20 Identification of registrable person’s representative—the Act, s 22(1A)(a)\n\n> > (1) A registrable person’s representative must, when attending a police station to make a report to a police officer under the Act, section 12A(4) or (5)—\n> > \n> > > (a) advise the police officer of the capacity in which the person is attending, and\n> > \n> > > (b) produce the following identity documents to the police officer—\n> > > \n> > > > (i) an Australian driver licence and another identification document, or\n> > > \n> > > > (ii) if the representative does not have an Australian driver licence—\n> > > > \n> > > > > (A) an identification document specified in the Act, section 12D(2)(a)–(d), and\n> > > > \n> > > > > (B) another identification document.\n> \n> > (2) Subsection (1) does not apply to a registrable person’s representative if the police officer is satisfied of the representative’s identity.\n> \n> > (3) In this section—\n> > \n> > Australian driver licence has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > identification document means an identification document under the Act, section 12D(2).\n> > \n> > representative, in relation to a registrable person, means a parent, guardian, carer or other person nominated by the registrable person to make a report on the registrable person’s behalf.","sortOrder":25},{"sectionNumber":"20A","sectionType":"section","heading":"Directions to end reporting obligations—the Act, Sch 2, cl 34(3)","content":"#### 20A Directions to end reporting obligations—the Act, Sch 2, cl 34(3)\n\n20A Directions to end reporting obligations—the Act, Sch 2, cl 34(3)\n\n> > (1) This section applies in relation to a direction by the Commissioner of Police under the Act, Schedule 2, clause 34(1) that a registrable person’s reporting obligations cease to have effect.\n> \n> > (2) In deciding whether to give a direction, the Commissioner of Police must consider the following matters—\n> > \n> > > (a) whether the registrable person continues to pose a risk to the lives or sexual safety of one or more children or of children generally,\n> > \n> > > (b) the extent to which the registrable person’s reporting obligations manage the risk,\n> > \n> > > (c) the seriousness of the registrable person’s—\n> > > \n> > > > (i) registrable offences, and\n> > > \n> > > > (ii) corresponding registrable offences,\n> > \n> > > (d) the period of time since the offences were committed,\n> > \n> > > (e) the ages of, and difference in age between, the following persons when the offences were committed—\n> > > \n> > > > (i) the registrable person,\n> > > \n> > > > (ii) the victims of the offences,\n> > \n> > > (f) the registrable person’s present age,\n> > \n> > > (g) the registrable person’s total criminal record,\n> > \n> > > (h) other matters the Commissioner considers appropriate.\n> \n> > (3) If the Commissioner of Police decides to give the direction, the Commissioner must, as soon as practicable after making the decision, give the direction by order to the registrable person.\n> \n> > (4) If the Commissioner of Police decides not to give the direction, the Commissioner must, as soon as practicable after making the decision, give the registrable person written notice of the following—\n> > \n> > > (a) the decision,\n> > \n> > > (b) the registrable person’s right to apply for an internal review of the decision under section 20B and how to apply for a review.\n> \n> **s 20A:** Ins 2025 (446), Sch 1\\[16\\].","sortOrder":26},{"sectionNumber":"20B","sectionType":"section","heading":"Internal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)","content":"#### 20B Internal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)\n\n20B Internal review of decisions not to give directions to end reporting obligations—the Act, Sch 2, cl 34(3)(c)\n\n> > (1) A registrable person who is given, under section 20A(4), written notice of a decision by the Commissioner of Police to not give the registrable person a reporting obligations cessation direction may apply for an internal review of the decision.\n> \n> > (2) The application must be—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) made to the Commissioner of Police, and\n> > \n> > > (c) accompanied by any submissions, information or documents the registrable person wishes to be considered as part of the review.\n> \n> > (3) On receiving the application, the Commissioner of Police must refer the application to a person (the internal reviewer) who, as far as reasonably practicable—\n> > \n> > > (a) was not substantially involved in the process of making the decision under review, and\n> > \n> > > (b) is a member of the NSW Police Force, and\n> > \n> > > (c) is, in the Commissioner’s opinion, otherwise suitably qualified to deal with the application.\n> \n> > (4) In conducting the review, the internal reviewer—\n> > \n> > > (a) must consider any submissions, information or documents accompanying the application under subsection (2)(c), and\n> > \n> > > (b) may consider other information the internal reviewer considers relevant.\n> \n> > (5) In determining the application, the internal reviewer may—\n> > \n> > > (a) affirm the decision, or\n> > \n> > > (b) set aside the decision and substitute the decision with a decision to give the registrable person a reporting obligations cessation direction.\n> \n> > (6) The internal reviewer must, as soon as reasonably practicable after determining the application, notify the Commissioner and the applicant of the decision under subsection (5).\n> \n> > (7) If the internal reviewer determines the application by setting aside and substituting the decision under subsection (5)(b), the Commissioner of Police must give the applicant a reporting obligations cessation direction.\n> \n> > (8) A failure by the internal reviewer to give the notice within the period required under subsection (6) does not invalidate the decision.\n> \n> > (9) A decision of the internal reviewer under this section is final and not subject to further review.\n> \n> > (10) In this section—\n> > \n> > reporting obligations cessation direction means a direction to a registrable person under the Act, Schedule 2, clause 34(1) that the registrable person’s reporting obligations cease to have effect.\n> \n> **s 20B:** Ins 2025 (446), Sch 1\\[16\\].","sortOrder":27},{"sectionNumber":"20C","sectionType":"section","heading":"Short-stay exemption from reporting for particular offenders—the Act, s 3M(4)(a)(i)","content":"#### 20C Short-stay exemption from reporting for particular offenders—the Act, s 3M(4)(a)(i)\n\n20C Short-stay exemption from reporting for particular offenders—the Act, s 3M(4)(a)(i)\n\n> > (1) The Act, section 3M(2) and (3) do not apply to a person who resides in the following prescribed areas—\n> > \n> > > (a) the Australian Capital Territory,\n> > \n> > > (b) a border region.\n> \n> > (2) In this section—\n> > \n> > border region means—\n> > \n> > > (a) the area in South Australia up to 100km west of the border between South Australia and New South Wales, and\n> > \n> > > (b) the area in Victoria comprising postcodes 3490, 3494, 3496, 3498, 3500, 3501, 3502, 3505, 3549, 3562, 3564, 3565, 3566, 3567, 3568, 3579, 3580, 3581, 3583, 3584, 3585, 3586, 3588, 3589, 3590, 3591, 3594, 3595, 3596, 3597, 3599, 3621, 3622, 3637, 3638, 3639, 3640, 3641, 3644, 3649, 3682, 3683, 3685, 3687, 3688, 3690, 3691, 3700, 3701, 3704, 3705, 3707, 3708, 3709, 3728, 3730, 3885, 3888, 3889, 3890, 3891, 3892 and 3900, and\n> > \n> > > (c) the area in Queensland comprising postcodes 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4230, 4270, 4271, 4272, 4275, 4280, 4285, 4287, 4310, 4352, 4357, but only the parts within the Goondiwindi local government area, 4362, 4365, 4370, 4371, 4372, 4373, 4374, 4375, 4376, 4377, 4378, 4380, 4381, 4382, 4383, 4384, 4385, 4387, 4388, 4390, 4406, but only the parts within the Goondiwindi local government area, 4486, 4487, but only the parts within the Balonne local government area, 4488, 4490, 4491, 4492, 4493, 4494, 4496, 4497 and 4498.\n> \n> **s 20C:** Ins 2025 (446), Sch 1\\[16\\].","sortOrder":28},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Child Protection Register—the Act, s 19(2)(i)","content":"#### 21 Child Protection Register—the Act, s 19(2)(i)\n\n21 Child Protection Register—the Act, s 19(2)(i)\n\n> For the Act, section 19(2)(i), the following information is prescribed—\n> \n> > (a) the date of each occasion on which the registrable person has asked for the accuracy of the registrable person’s reporting period, as specified in the Register, to be checked,\n> \n> > (b) the date of each occasion on which the registrable person has been notified of the results of a check.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Communication of information to support persons—the Act, s 22(1A)(f)(ii) and (iv)","content":"#### 22 Communication of information to support persons—the Act, s 22(1A)(f)(ii) and (iv)\n\n22 Communication of information to support persons—the Act, s 22(1A)(f)(ii) and (iv)\n\n> > (1) This section applies in relation to a registrable person who, in the Commissioner of Police’s opinion—\n> > \n> > > (a) is a child or has a disability, and\n> > \n> > > (b) is incapable of understanding—\n> > > \n> > > > (i) the registrable person’s reporting obligations, or\n> > > \n> > > > (ii) the consequences of failing to comply with the reporting obligations.\n> \n> > (2) The Commissioner of Police may inform the registrable person’s support person of the following if, in the Commissioner’s opinion, the support person is likely to help the registrable person comply with the registrable person’s reporting obligations—\n> > \n> > > (a) the registrable person’s reporting obligations,\n> > \n> > > (b) the consequences of failing to comply with the reporting obligations.\n> \n> > (3) The information referred to in subsection (2) must be given to the support person—\n> > \n> > > (a) in person, or\n> > \n> > > (b) by registered post.\n> \n> > (4) Subsection (2) does not limit the circumstances in which the Commissioner of Police may give information to a registrable person’s support person if the support person is a public authority that provides support, or supervises the provision of support, to the registrable person.\n> \n> > (5) In this section—\n> > \n> > support person, in relation to a registrable person, means—\n> > \n> > > (a) a person nominated by the registrable person for the purposes of this section, or\n> > \n> > > (b) if the registrable person has not nominated a person under paragraph (a)—\n> > > \n> > > > (i) a parent, guardian or carer of the registrable person, or\n> > > \n> > > > (ii) a public authority that provides support, or supervises the provision of support, to the registrable person.","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Audits of administration of Register—the Act, s 23(2) and (4)","content":"#### 22A Audits of administration of Register—the Act, s 23(2) and (4)\n\n22A Audits of administration of Register—the Act, s 23(2) and (4)\n\n> > (1) The audits of the administration of the Register must be carried out by the Chief Audit Executive of the NSW Police Force.\n> \n> > (2) The Chief Audit Executive must prepare a report about the results of each audit (an audit report) and give a copy of the audit report to the following—\n> > \n> > > (a) the Commissioner of Police,\n> > \n> > > (b) the NSW Police Force Audit and Risk Committee,\n> > \n> > > (c) the Minister,\n> > \n> > > (d) the Law Enforcement Conduct Commission (the LECC).\n> \n> > (3) The Chief Audit Executive must, as soon as practicable after giving the copies of an audit report to all of the entities under subsection (2), publish a summary of the report on the NSW Police Force website.\n> \n> > (4) The following documents must be redacted or otherwise amended to ensure the documents do not contain personal information—\n> > \n> > > (a) a copy of an audit report given to the Minister or the LECC under subsection (2),\n> > \n> > > (b) a summary of an audit report published on the NSW Police Force website under subsection (3).\n> \n> > (5) In this section—\n> > \n> > Chief Audit Executive means the person appointed, from time to time, as the Chief Audit Executive.\n> > \n> > personal information has the same meaning as in the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> \n> **s 22A:** Ins 2025 (446), Sch 1\\[17\\].","sortOrder":32},{"sectionNumber":"22B","sectionType":"section","heading":"Prescribed relevant personal information—the Act, Sch 1C, cl 1(g)","content":"#### 22B Prescribed relevant personal information—the Act, Sch 1C, cl 1(g)\n\n22B Prescribed relevant personal information—the Act, Sch 1C, cl 1(g)\n\n> For the Act, Schedule 1C, clause 1(g), the following details are prescribed—\n> \n> > (a) the registrable person’s sex as recorded under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) or a corresponding law of another jurisdiction,\n> \n> > (b) whether the registrable person holds a current passport,\n> \n> > (c) if the registrable person holds a current passport—\n> > \n> > > (i) the name in which the passport is issued, and\n> > \n> > > (ii) the passport number, and\n> > \n> > > (iii) the passport’s issuing authority or issuing country, and\n> > \n> > > (iv) the passport’s date of issue and date of expiry.\n> \n> **s 22B:** Ins 2025 (446), Sch 1\\[17\\].","sortOrder":33},{"sectionNumber":"22C","sectionType":"section","heading":"Exemption of particular web-based services from relevant personal information—the Act, Sch 1C, cl 5(1)(f)(iii)","content":"#### 22C Exemption of particular web-based services from relevant personal information—the Act, Sch 1C, cl 5(1)(f)(iii)\n\n22C Exemption of particular web-based services from relevant personal information—the Act, Sch 1C, cl 5(1)(f)(iii)\n\n> For the Act, Schedule 1C, clause 5(1)(f)(iii), the following web-based services are prescribed—\n> \n> > (a) web-based services used to access insurance products or services,\n> \n> > (b) web-based services used to access utilities accounts or services,\n> \n> > (c) news subscription services,\n> \n> > (d) television streaming services.\n> \n> **s 22C:** Ins 2025 (446), Sch 1\\[17\\].","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Savings","content":"#### 23 Savings\n\n23 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Child Protection (Offenders Registration) Regulation 2015](/view/html/repealed/current/sl-2015-0422), had effect under that regulation continues to have effect under this regulation.","sortOrder":35}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond simple procedural rules for offender registration. The 2025 version introduces substantial new substantive powers: a discretionary scheme for early termination of reporting obligations with internal review (sections 20A-20B), geographic exemptions for border residents (section 20C), mandatory audit requirements (section 22A), and expanded protections for vulnerable offenders. These additions transform the regulation from a purely administrative instrument into one that creates substantive rights and remedies, effectively operating as a quasi-judicial framework within delegated legislation."},"complexity_factors":["Heavy cross-referencing to the parent Act (Child Protection (Offenders Registration) Act 2000) and at least 15 other pieces of legislation","Nested conditional logic in sections 4, 8, 9, and 10 with multiple tiers of exceptions (e.g., 'unless the Commissioner has notified... or the person... is a child or has a special need, and is incapable of understanding')","47 specific postcodes listed in section 20C for border region exemptions","Multiple defined terms that reference external statutes (correctional patient, Health Secretary, Pre-Trial Diversion of Offenders Program)","Duplicative structure with sections appearing twice in the source text (e.g., 'Part 1 Preliminary' appears twice)","New administrative processes (sections 20A-20B) creating decision-making frameworks with review rights","Specific evidentiary requirements for representatives (section 20) requiring multiple forms of ID"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out the detailed rules for how New South Wales manages its child sex offender register. It replaces the 2015 version and works alongside the main *Child Protection (Offenders Registration) Act 2000*.\n\n**Key things it covers:**\n\n- **Who supervises offenders:** It specifies which government officials are responsible for different types of offenders — for example, the Health Secretary looks after forensic patients (people found not guilty due to mental illness), while the Commissioner of Corrective Services handles correctional patients.\n\n- **Interstate and overseas coordination:** It lists which laws from other Australian states, territories, and the UK count as \"corresponding\" to NSW's system. This helps track offenders who move between jurisdictions.\n\n- **How offenders are notified:** It sets out exactly how offenders must be told about their reporting obligations — including what information must be in the notice, how it can be delivered (in person, by email, or electronically in some cases), and what happens if someone refuses to sign.\n\n- **Special protections for vulnerable people:** If an offender is a child or has special needs (like a cognitive impairment), the regulation requires authorities to take extra steps to help them understand their obligations — such as providing translators, simplified documents, or support persons.\n\n- **New exemptions and review processes:** It introduces a new process where the Commissioner of Police can decide to end someone's reporting obligations early if they no longer pose a risk, with an internal review process if the Commissioner refuses. It also creates a short-stay exemption for offenders living near the NSW border or in the ACT, so they don't have to report as frequently.\n\n- **Record-keeping and audits:** It requires detailed records about how notices are given, and mandates regular audits of the register by the NSW Police Force's Chief Audit Executive.\n\n- **Online reporting:** It clarifies what online services offenders must disclose (social media, email) and specifically exempts things like Netflix, news subscriptions, and utility accounts.\n\n**Who it affects:**\n\n- People convicted of serious child sex offences who are on the register\n- Police, corrections staff, and health officials who manage these offenders\n- Support persons and carers for vulnerable offenders\n- Victims and the broader community (through improved monitoring)\n\n**Why it matters:**\n\nThis regulation balances community safety with procedural fairness. It ensures dangerous offenders are monitored while also protecting the rights of vulnerable offenders (like children or those with disabilities) by requiring authorities to communicate in ways they can understand. The new exemption processes also recognise that some offenders may eventually pose minimal risk and shouldn't be burdened with reporting requirements indefinitely."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, this regulation appears to be a standard remake or continuation of existing offender registration rules, consistent with the original scope of the parent Act. No material expansion or contraction of scope is evident from the metadata provided. The staged repeal date and versioning suggest routine administrative renewal rather than substantive policy change."},"complexity_factors":["Operates as a subordinate instrument under a parent Act, requiring cross-referencing to understand full legal effect","Limited substantive content is visible in the provided text — only metadata and status information is included, making full assessment of operative provisions impossible","Interacts with multiple pieces of legislation including the Subordinate Legislation Act 1989 and Interpretation Act 1987","Subject matter (offender registration) involves sensitive procedural and privacy considerations","Staged repeal mechanism adds a temporal complexity layer for compliance planning"],"plain_english_summary":"This regulation details how NSW’s Child Protection (Offenders Registration) scheme operates, specifying procedural rules for managing the sex and child-offender register. It affects people convicted of serious child-related offences who must report to police, and the police who administer the scheme — with implications for organisations working with children. It matters because it enables monitoring and risk-reduction to protect children. The regulation expires automatically on 1 September 2030."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This regulation replaces the 2015 regulation (commencing 1 September 2025) and refines operational detail. It expands and clarifies supervisory allocations, notice procedures and recordkeeping; adds mechanisms for ending reporting obligations and an internal review (new decision and review process); introduces short‑stay/border area exemptions; prescribes audit, data publication and redaction rules; and sets specific categories of Register data and web‑service exemptions. These changes adjust administrative scope and procedural requirements for registrable persons, police, courts and supervising authorities."},"complexity_factors":["Multiple supervising authorities and role‑allocation depending on registrable person status (prisoner, forensic patient, diversion participant, correctional patient).","Extensive procedural prescriptions for statutory notices (mode, content, signature, fallback where electronic delivery is unacknowledged) and mandatory record‑sharing.","Cross‑jurisdictional references and prescribed corresponding Acts/orders, plus exclusions for specific interstate/UK offences.","Discretionary decision points: Commissioner’s directions to end obligations with multi‑factor consideration and an internal review mechanism.","Detailed special‑needs and child provisions requiring inter‑agency communication, tailored assistance measures and support‑person information sharing.","Geographically specific exemptions expressed as postcode lists and defined border areas (technical drafting burden).","Audit, reporting and publication rules with required redaction to protect personal information.","Prescribed categories of personal information and carve‑outs for certain web services, creating data‑scope complexity."],"plain_english_summary":"Mechanically replaces the 2015 regulation and prescribes how the Child Protection (Offenders Registration) Act operates in practice. It sets who supervises registrable persons, how and when statutory notices must be given and recorded, reporting methods and identity checks, criteria and internal-review process for ending reporting obligations, exemptions (including short‑stay border areas), audit requirements and what personal data the Register holds or excludes. It affects registrable persons, courts, police and supervising authorities by allocating decision‑making, compliance duties and record‑keeping obligations."}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-offenders-registration-regulation-2025","history":"/api/acts/child-protection-offenders-registration-regulation-2025/history","analysis":"/api/acts/child-protection-offenders-registration-regulation-2025/analysis","conflicts":"/api/acts/child-protection-offenders-registration-regulation-2025/conflicts","importantCases":"/api/acts/child-protection-offenders-registration-regulation-2025/important-cases","documents":"/api/acts/child-protection-offenders-registration-regulation-2025/documents"}}