3Definitions

3 Definitions In this Act: CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice. child means a person who is under the age of 18 years. child protection prohibition order, for Part 5, see section 69. child-related employment, see section 91(1). Class 1 offence, see section 12(2). Class 2 offence, see section 12(3). Child Protection (Offender Reporting and Registration) Act 2004 2 commencement date means the date on which section 14 comes into operation. Commissioner means the Commissioner of Police. corresponding Act means a law of a foreign jurisdiction: (a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and (b) that the Regulations state is a corresponding Act for this Act. conduct, for Part 5, see section 69. corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders prescribed by the Regulations as a corresponding offender reporting order for this Act. corresponding prohibition order, for Part 5, see section 69. corresponding registrar means the person whose duties and functions under a corresponding Act most closely correspond to the duties and functions of the Commissioner under this Act. corresponding reportable offence means an offence against a law of a foreign jurisdiction that results in a person becoming a corresponding reportable offender for this Act. corresponding reportable offender, see in section 8. court, for: (a) Parts 1 to 4, 6 and 7 – includes a court (however described) of a foreign jurisdiction; or (b) Part 5 – see section 69. deemed reportable offender, see section 10. detainee means a person who is a detainee within the meaning of the Youth Justice Act 2005. existing controlled reportable offender: (a) means a person who, as a result of having been sentenced by a Territory court for a reportable offence, was under the supervision of a supervising authority or any other person or body at the commencement date; and Child Protection (Offender Reporting and Registration) Act 2004 3 (b) includes a person who is, at the commencement date, in government custody in the Territory in respect of an offence that is a Class 1 or Class 2 offence. finding of guilt, see section 4. fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints. foreign jurisdiction means a jurisdiction other than the Territory, including a jurisdiction outside Australia. foreign reportable offence means an offence that is a reportable offence for a foreign jurisdiction but is not a reportable offence within the meaning of this Act. foreign reportable offender, see section 9. foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses. good behaviour bond means: (a) a community correction order made under the Sentencing Act 1995 without recording a conviction; or (ab) an order made under section 11(1) of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; or (b) an order under section 83(1)(f) of the Youth Justice Act 2005. government custody means: (a) custody as: (i) a prisoner or detainee; or (ii) a person who is subject to a custodial supervision order under Part IIA of the Criminal Code; or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a). guardian, in relation to a child who is over the age of 17 years, includes a guardian under the Guardianship of Adults Act 2016. interim prohibition order, for Part 5, see section 69. non-custodial day means a day not spent in government custody. Child Protection (Offender Reporting and Registration) Act 2004 4 offender reporting order means an order made under section 13 and includes a corresponding offender reporting order. parole means a parole order under the Parole Act 1971 and includes any equivalent order made under a law of a foreign personal details, in relation to a reportable offender, include: (a) the information listed in section 16(1); and (b) details of the person's physical appearance. personal information means information from which a person's identity is apparent or is reasonably able to be ascertained. prisoner see section 6 of the Correctional Services Act 2014. prohibition order, see section 69. public authority means: (a) an Agency or department of the Public Service; or (b) a local government council; or (c) any other body, whether incorporated or not, established or continued for a public purpose under an Act and that, under the authority of an Act, performs a statutory function on behalf of the Territory. Register means the Child Protection Offender Register established under section 64. registrar, for Part 5, see section 69. reportable offence, see section 12. reportable offender, see section 6. reporting obligations, in relation to a reportable offender, means the obligations imposed on him or her by Part 3. reporting period means the period, as determined under Part 3, Division 5, during which a reportable offender must comply with his or her reporting obligations. respondent, for Part 5, see section 69. Child Protection (Offender Reporting and Registration) Act 2004 5 sentence includes: (a) an order under Part 6 of the Youth Justice Act 2005; and (b) a supervision order under Part IIA, Division 5 of the Criminal Code; and includes any sentence or equivalent order or undertaking imposed under a law of a foreign jurisdiction. strict supervision means supervision by: (a) the Commissioner of Correctional Services or a person employed within the Agency responsible for correctional services; or (ab) the CEO (Youth Justice) or a person employed within the Agency responsible for youth justice; or (b) the Chief Executive Officer of, or a person employed within, the Agency responsible for mental health; or (c) an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a) or (b). supervised sentence means: (a) an intensive community correction order made under the Sentencing Act 1995; or (b) a community correction order made under the Sentencing Act 1995: (i) that is subject to a condition to participate in an approved project imposed under section 34(1)(a) of that Act; or (ii) under which a person is subject to strict supervision; or (ba) a home detention order or community work order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; or (bb) a community work order or alternative detention order made under the Youth Justice Act 2005; or (c) a good behaviour bond under which the person is required to submit to strict supervision; or Child Protection (Offender Reporting and Registration) Act 2004 6 (d) a non-custodial supervision order within the meaning of Part IIA of the Criminal Code. supervising authority, in relation to a reportable offender, means an authority prescribed by the Regulations as the authority having control of the person. Territory reportable offender, see section 7. Territory witness protection program, see definition TWPP in section 3(1) of the Witness Protection (Northern Territory) Act 2002. young reportable offender, for Part 5, see section 69. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.