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.
This regulation sets out how certain non-NSW child-protection prohibition orders are recognised, treated and managed in New South Wales, and creates a publication offence relating to the identities of people connected with those orders. It commences on 1 September 2025 (s 2). The regulation replaces the Child Protection (Offenders Prohibition Orders) Regulation 2018 and preserves existing effects of acts and things done under the 2018 regulation (s 2; s 10).
Mechanically, the regulation does four principal things:
Identifies which interstate, territory and overseas orders are "corresponding prohibition orders" for the purposes of the Child Protection (Offenders Prohibition Orders) Act 2004 (the Act) (s 3 definition and s 4 list).
Provides that variations or revocations made by the original jurisdiction will apply in NSW to the extent the corresponding order has effect in NSW (s 5).
Treats those corresponding orders as having the same legal effect as if they were prohibition orders made under the NSW Act, permits enforcement in NSW accordingly, fixes their term as the term of the originating order and excludes an appeal under the Crimes (Appeal and Review) Act 2001 against the decision to make the corresponding order (s 6).
Establishes a criminal offence (and penalty) for publishing information identifying persons as subject to a corresponding prohibition order or as persons at risk because of the conduct prohibited by such an order, with specified exceptions (s 8). It also prescribes the police officer in charge of the Child Protection Register as the delegated police officer under the Act for making applications in relation to orders against young registrable persons (s 9).
The regulation supplies procedural detail about applications for variation or revocation of corresponding orders in NSW: who may apply to the Local Court (Commissioner of Police or the person subject to the order), leave requirements when applications are made by the person subject to the order, evidentiary and documentary requirements for the application, the scope of the Local Court’s powers, and who is the respondent to such applications (s 7).
Current sections
Direct links to the current provisions in Child Protection (Offenders Prohibition Orders) Regulation 2025.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2
Corresponding prohibition orders
Part 2 Corresponding prohibition orders
Part 2 Corresponding prohibition orders
4
Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
The following orders are recognised as corresponding prohibition orders—
(a) an order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland, Part 3A,
(b) an order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory, Part 5,
(c) an order under the Child Sex Offenders Registration Act 2006 of South Australia, Part 5C,
(d) an order under the Community Protection (Offender Reporting) Act 2004 of Western Australia, Part 5,
(e) an order under the Community Protection (Offender Reporting) Act 2005 of Tasmania, section 10A,
(f) an order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory, Chapter 5A,
(g) an order under the Criminal Procedure Act 1921 of South Australia, section 99AA,
(h) an order under the Sex Offenders Registration Act 2004 of Victoria, Part 4A,
(i) an order under the Sexual Offences Act 2003 of the United Kingdom, Part 2.
5
Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
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.
6
Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
(1) A corresponding prohibition order—
(a) has the same effect as if it were a prohibition order, and
(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
(c) has effect in New South Wales for the term of the order.
(2) Subsection (1) does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order.
7
Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
(1) The Commissioner of Police or a person subject to a corresponding prohibition order may apply to the Local Court to—
(a) vary the order, other than to vary the term of the order, or
(b) revoke the order.
(2) A person subject to a corresponding prohibition order must not make an application under subsection (1) without the leave of the Local Court.
(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.
(4) The application must be accompanied by—
(a) a copy of the corresponding prohibition order, and
(b) a copy of all variations that have been made to the corresponding prohibition order.
(5) The Local Court may determine the application—
(a) by varying or revoking the corresponding prohibition order to the extent the order has effect in New South Wales, or
(b) by dismissing the application.
(6) The respondent to an application under this section is—
(a) for an application by the Commissioner of Police—the person subject to the corresponding prohibition order, and
(b) for an application by a person subject to the corresponding prohibition order—the Commissioner of Police.
8
Restriction on publication of identity—the Act, s 19(1)
8 Restriction on publication of identity—the Act, s 19(1)
8 Restriction on publication of identity—the Act, s 19(1)
(1) A person must not publish information that identifies, or is reasonably likely to enable the identification of—
(a) a person as a person subject to a corresponding prohibition order, or
(b) a person as a person at risk because of the conduct prohibited by a corresponding prohibition order.
Maximum penalty—50 penalty units.
(2) This section does not apply to—
(a) information published with the authority of the Local Court, or
(b) the publication by a person of the person’s own name, or
(c) the publication of information to the following persons—
(i) the person subject to the relevant corresponding prohibition order,
(ii) another person, or class of persons, specified in the relevant corresponding prohibition order,
(iii) a member of the NSW Police Force,
(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,
(v) a person involved in the administration of the relevant corresponding prohibition order,
(vi) a member of staff of a government agency involved in the assessment and management of persons subject to corresponding prohibition orders,
(vii) a person for the purposes of an investigation of an alleged breach of a corresponding prohibition order,
(viii) a person involved in proceedings relating to an alleged breach of a corresponding prohibition order, or
(d) information required or authorised to be published under another Act or law.
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
9
Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
This regulation is the Child Protection (Offenders Prohibition Orders) Regulation 2025.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on 1 September 2025.
Note—
This regulation replaces the Child Protection (Offenders Prohibition Orders) Regulation 2018, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this regulation—
corresponding prohibition order—see section 4.
the Act means the Child Protection (Offenders Prohibition Orders) Act 2004.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Corresponding prohibition orders
Part 2 Corresponding prohibition orders
Part 2 Corresponding prohibition orders
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
The following orders are recognised as corresponding prohibition orders—
(a) an order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland, Part 3A,
(b) an order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory, Part 5,
(c) an order under the Child Sex Offenders Registration Act 2006 of South Australia, Part 5C,
(d) an order under the Community Protection (Offender Reporting) Act 2004 of Western Australia, Part 5,
(e) an order under the Community Protection (Offender Reporting) Act 2005 of Tasmania, section 10A,
Collectively, these provisions integrate certain external prohibition orders into the NSW enforcement and management framework while allocating procedural responsibilities to the Commissioner of Police, the Local Court and specified police officers, and imposing a publication prohibition with prescribed exceptions and a monetary penalty (s 3-10).
Main concepts
This instrument is short and conceptually focused. The key statutory concepts are "corresponding prohibition order", the Act (the Child Protection (Offenders Prohibition Orders) Act 2004) and the legal effects and processes by which non-NSW orders interact with NSW enforcement and courts.
Definition and source
The regulation defines "corresponding prohibition order" by reference to the list in section 4. Section 3 expressly states that for the regulation, "corresponding prohibition order,see section 4" and defines "the Act" as the Child Protection (Offenders Prohibition Orders) Act 2004 (s 3). The regulation also notes that the Act and the Interpretation Act 1987 affect interpretation (s 3 note).
Which orders are recognised as corresponding
Section 4 lists specific statutory sources from other Australian jurisdictions, South Australia, the United Kingdom and specified state Acts. The list is a closed enumeration of recognised orders; it includes, among others, orders under:
Queensland: Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, Part 3A (s 4(a));
Northern Territory: Child Protection (Offender Reporting and Registration) Act 2004, Part 5 (s 4(b));
South Australia: Child Sex Offenders Registration Act 2006, Part 5C, and Criminal Procedure Act 1921, s 99AA (s 4(c) and (g));
Western Australia: Community Protection (Offender Reporting) Act 2004, Part 5 (s 4(d));
Tasmania: Community Protection (Offender Reporting) Act 2005, s 10A (s 4(e));
Australian Capital Territory: Crimes (Child Sex Offenders) Act 2005, Chapter 5A (s 4(f));
Victoria: Sex Offenders Registration Act 2004, Part 4A (s 4(h));
United Kingdom: Sexual Offences Act 2003, Part 2 (s 4(i)).
Effect and enforceability in NSW
Section 6 gives corresponding prohibition orders three operative effects in NSW: they have the same effect as if they were prohibition orders made under the NSW Act (s 6(1)(a)); they may be enforced in NSW against the person subject to the order as though they were NSW prohibition orders (s 6(1)(b)); and they have effect in NSW for the term of the original order (s 6(1)(c)). Section 6(2) limits rights of appeal by providing that subsection (1) does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding order.
Treatment of variations and revocations
Section 5 states that if a court in the originating jurisdiction varies or revokes a corresponding order, that variation or revocation applies to the extent the order has effect in NSW. Section 7 creates a parallel route in NSW: the Commissioner of Police or a person subject to a corresponding order may apply to the Local Court to vary (other than to vary the term) or revoke the order for its operation in NSW, subject to leave and procedural requirements; the Local Court may vary or revoke the order only to the extent it has effect in NSW (s 7).
Publication restriction
Section 8 establishes an offence of publishing information that identifies, or is reasonably likely to enable the identification of, a person as subject to a corresponding prohibition order or a person at risk because of the conduct prohibited by such an order. The maximum penalty is 50 penalty units. Section 8(2) provides a series of express exceptions, including court-authorised publication, publication by the person themselves, and publication to listed classes of persons involved in law enforcement, administration, assessment, investigation, or proceedings, and publication required or authorised by another Act or law.
Delegation and savings
Section 9 prescribes that, for the Act, s 17, the police officer in charge of the Child Protection Register is the prescribed officer for making applications relating to orders against young registrable persons. Section 10 preserves the continuing effect of acts or matters having effect under the repealed 2018 regulation (s 10).
These concepts together define which external orders cross into NSW legal effect, how they are enforced, how they may be altered or challenged within NSW bounds, and how identity-related information is controlled.
Who it affects
Primary legal subjects
Persons who are subject to corresponding prohibition orders as described in section 4 are directly affected. Once a corresponding prohibition order has effect in NSW, it "has the same effect" as a NSW prohibition order and may be enforced in NSW (s 6(1)(a)-(b)). The order has effect in NSW for the term specified by the originating jurisdiction (s 6(1)(c)).
Entities with enforcement or procedural roles
The Commissioner of Police is an active actor: the Commissioner may apply to the Local Court to vary or revoke a corresponding prohibition order as it operates in NSW (s 7(1)). The Commissioner is also the respondent to applications made by a person subject to a corresponding order (s 7(6)(b)). NSW Police officers are authorised recipients of identity-related information under the exceptions to the publication prohibition (s 8(2)(c)(iii)).
Courts and judicial officers
The Local Court is the NSW forum for variation or revocation applications under section 7. The Local Court decides whether to grant leave to a person subject to a corresponding prohibition order to make an application (s 7(2)-(3)), determines applications by varying or revoking orders to the extent they have effect in NSW or dismissing the application (s 7(5)), and receives applications accompanied by specified documents (s 7(4)).
Publishers and media
Any person who publishes information that identifies, or is reasonably likely to identify, a person as subject to a corresponding prohibition order or as a person at risk is potentially affected by the publication offence in section 8(1). The maximum penalty is 50 penalty units. The offence binds members of the media, social media users, organisations and any other publishers, subject to the enumerated exceptions (s 8(2)).
Persons involved in administration, assessment and proceedings
Section 8(2) lists specific classes who may be lawfully given identifying information: the person subject to the order, any person or class of persons specified in the order, members of law enforcement agencies (NSW Police and comparable agencies in the UK, Commonwealth or other States/Territories, and the Australian Criminal Intelligence Commission) in their official capacities, persons involved in administration of the corresponding order, government staff involved in assessment and management of persons subject to corresponding orders, those involved in investigations of alleged breaches, and those involved in proceedings relating to an alleged breach (s 8(2)(c)(i)-(viii)). Those classes will receive communications or have access to information that others may not publish.
Delegated police role
For matters involving young registrable persons, the prescribed delegate for making applications under the Act, s 17, is the police officer in charge of the Child Protection Register (s 9). That officer therefore has decision-making responsibilities at the operational level.
Indirectly affected groups
Persons at risk because of the conduct prohibited by a corresponding prohibition order are protected by the publication restriction (s 8(1)). Organisations that maintain registers, provide child-protection services, or liaise with police and courts will face operational consequences from the requirements to control disclosure and cooperate with applications and enforcement.
Overall, the regulation assigns active roles to NSW Police, the Commissioner of Police, the Local Court and the police officer in charge of the Child Protection Register, constrains publishing behaviour across the public and private sphere, and binds persons subject to corresponding orders to the substantive effect of those orders while limiting certain review avenues (s 6(2)).
Key duties and rights
This regulation creates concrete duties and confers limited procedural rights. The duties are mainly procedural or disclosure-related, and the rights relate to access to court processes and to receiving information in certain contexts.
Principal duties
Duty not to publish identity information: A person must not publish information that identifies, or is reasonably likely to enable the identification of, a person as subject to a corresponding prohibition order, or a person as a person at risk because of the conduct prohibited by such an order (s 8(1)). Breach attracts a maximum penalty of 50 penalty units (s 8(1)).
Documentary and evidential duty in Local Court applications: An application to the Local Court under section 7 must be accompanied by a copy of the corresponding prohibition order and copies of all variations made to the order (s 7(4)). That is a mandatory documentary requirement for the Local Court to determine an application.
Leave requirement for applicants subject to an order: A person subject to a corresponding prohibition order must not make an application to the Local Court under section 7 without the leave of the Local Court (s 7(2)). The Local Court must not grant leave unless it 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 (s 7(3)). This sets a judicial gatekeeping duty and an evidentiary standard for person-subject applications.
Who has the right to initiate proceedings
Right of application to vary or revoke: The Commissioner of Police has an express right to apply to the Local Court to vary (other than the term) or revoke a corresponding prohibition order, and the person subject to the corresponding order also has that right provided the person first obtains leave from the Local Court (s 7(1)-(3)). The Local Court’s discretion to grant leave is guided by the applicant’s change in circumstances and the interests of justice (s 7(3)).
Right to be respondent and procedural role: The person subject to the order is the respondent to an application by the Commissioner of Police, and the Commissioner of Police is the respondent to an application by the person subject to the corresponding prohibition order (s 7(6)). That allocation frames who must participate and defend the application in the Local Court.
Enforcement and effect rights
Enforceability as NSW prohibition orders: Corresponding prohibition orders have the same effect as if they were prohibition orders under the Act and may be enforced in NSW as though they had been made under the Act (s 6(1)(a)-(b)). That converts a foreign or interstate order into an enforceable instrument in NSW.
Term rights: The corresponding prohibition order has effect in NSW for the term of the originating order (s 6(1)(c)). This is a substantive right or limitation tied to the original jurisdiction’s determination of term.
Limitation on appeal rights: Section 6(2) specifies that the statutory treatment does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order. This sets a limit on a particular avenue of judicial review by reference to another Act.
Exceptions to the publication prohibition
The publication prohibition contains mandatory exceptions that relieve a publisher from the duty not to publish where the publication is authorised by the Local Court, is the person publishing their own name, or is publication to specified classes of persons such as police, law enforcement agencies, administrators, staff involved in assessment and management, and persons involved in investigations or proceedings relating to breaches (s 8(2)(a)-(c)(viii)). Publication authorised or required by another Act or law is also excluded (s 8(2)(d)).
Delegation duty
Section 9 prescribes the police officer in charge of the Child Protection Register as the officer who may perform the delegated function of making applications in relation to orders against young registrable persons under the Act, s 17. This creates an administrative duty for that specified officer.
These duties and rights allocate responsibilities between police, courts, persons subject to orders, and publishers, and they also constrain certain review avenues. The duties include an affirmative documentary duty when applying to the Local Court and a negative duty against publishing identifying information, with specified exceptions.
Penalties and enforcement
The regulation contains a focused criminal prohibition with a monetary penalty, and it places enforcement and procedural control with NSW courts and police officers.
Publication offence and penalty
Section 8 criminalises the publication of information that identifies, or is reasonably likely to enable the identification of, either (a) a person as subject to a corresponding prohibition order, or (b) a person as a person at risk because of the conduct prohibited by a corresponding prohibition order. The maximum penalty for that offence is 50 penalty units (s 8(1)). The regulation does not elaborate on the method of prosecution, custodial options, or additional sentencing factors beyond the maximum penalty.
Exceptions and lawful disclosure
The offence has a list of statutory exceptions in section 8(2), which operate as statutory defences or exclusions from the scope of the offence. The exceptions cover publication authorised by the Local Court, self-publication by the person, and publication to enumerated classes including law enforcement, administrators, and persons involved in investigations or proceedings. Publication required or authorised by another Act or law is also excluded (s 8(2)). A person or entity relying on an exception would need to show that the publication fell within one of those categories.
Enforcement of corresponding prohibition orders
Section 6(1)(b) expressly provides that a corresponding prohibition order may be enforced in NSW against the person subject to the order as if it were a prohibition order made under the Act. The regulation therefore permits enforcement measures available under the NSW Act to be brought to bear against persons subject to corresponding orders. The regulation does not itself enumerate enforcement mechanisms but makes those enforcement mechanisms available by deeming effect under the Act (s 6(1)(a)-(b)).
Local Court powers and procedure
Section 7 gives the Local Court jurisdiction to consider applications from the Commissioner of Police or from persons subject to corresponding orders (subject to leave) to vary (other than to vary the term) or revoke the order as it has effect in NSW. The Local Court may vary or revoke the corresponding prohibition order to the extent it has effect in NSW or dismiss the application (s 7(5)). The regulations require applications to be accompanied by specified documentation (s 7(4)), and the Local Court must assess applications for leave on an “interests of justice” basis taking into account changes in circumstances (s 7(3)). Enforcement therefore links administrative documentary proof, judicial gatekeeping, and court adjudication.
Who enforces and responds
The Commissioner of Police is positioned both as an applicant and as the respondent to applications, depending on who initiates the application (s 7(1), (6)). NSW Police are recipients of information under the publication exceptions (s 8(2)(c)(iii)). The police officer in charge of the Child Protection Register is the prescribed officer for making applications in relation to young registrable persons (s 9). Enforcement activity will thus be driven by police and the courts.
Limitations on appeals
Section 6(2) restricts the appeal route by stating that the recognition and enforcement mechanism provided by the regulation does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order. The regulation therefore forecloses one statutory appeal pathway in relation to the original decision to make the corresponding order in the originating jurisdiction.
Documentation and evidentiary proof
The requirement that an application be accompanied by a copy of the corresponding prohibition order and copies of all variations (s 7(4)) places an evidentiary burden on applicants, which directly affects the practical enforceability and operation of proceedings in the Local Court.
In short, the regulation establishes the criminal penalty for unauthorised publication of identities, enables enforcement of corresponding orders in NSW via the mechanisms of the Act, provides a Local Court route for variation or revocation with defined procedural steps and leave requirements, and limits a particular statutory appeal route.
How it interacts with other laws
The regulation explicitly cross-references and interfaces with several Acts and external jurisdictions. Its text establishes interaction points and limitations.
Interaction with the Child Protection (Offenders Prohibition Orders) Act 2004 (the Act)
The regulation is an instrument under the Act and repeatedly operates by reference to the Act. Section 3 defines "the Act" as that Act and section 4 is expressed to respond to the Act, s 19(2)(a). Many provisions state their operation as being "the Act, s 19(2)(d)" or similar. Section 6 converts corresponding prohibition orders into instruments that "have the same effect as if they were a prohibition order" under the Act and may be enforced in NSW as if they were made under the Act (s 6(1)(a)-(b)). Section 9 prescribes, for the Act s 17, who may exercise the delegated function of making applications relating to young registrable persons (s 9). The regulation therefore implements and operationalises specific subsections of the Act.
Interaction with other NSW and federal Acts
The regulation notes that the Act and the Interpretation Act 1987 contain definitions and other provisions affecting interpretation and application (s 3 note). Section 6(2) expressly references the Crimes (Appeal and Review) Act 2001 to deny that the recognition of corresponding orders under section 6 creates an appeal under that Act in relation to the decision to make the corresponding order. Section 8(2)(d) also carves out that the publication prohibition does not apply where information is required or authorised to be published under another Act or law. The regulation therefore accepts that other statutory obligations or authorisations (for example reporting requirements under other Acts) can displace the publication prohibition.
Interaction with interstate, territory and overseas laws
Section 4 creates a list of foreign and interstate statutory sources whose orders are treated as corresponding prohibition orders in NSW. This is a direct cross-jurisdictional recognition mechanism. Section 5 provides that if a court in the originating jurisdiction varies or revokes a corresponding order, that variation or revocation applies to the extent the order has effect in NSW. Section 6(1)(c) anchors the term of the order to the originating jurisdiction’s term. Section 7 provides for domestic court processes in the Local Court to vary or revoke corresponding orders to the extent they operate in NSW, while also requiring documentation of the originating order and its variations (s 7(4)). The mechanism thus creates reciprocal recognition and relies on originating jurisdiction decisions for substantive matters such as term and original variation, while providing a domestic court route for limited adjustments.
Interaction with law enforcement agencies
Section 8(2)(c)(iv) and the surrounding text identify law enforcement agencies of the United Kingdom, the Commonwealth and other States or Territories, including the Australian Criminal Intelligence Commission, as authorised recipients of otherwise prohibited identity information in their official capacities (s 8(2)(c)(iv)). This provision links disclosure rules to investigative and intelligence functions across jurisdictions.
Interaction with court-authorised disclosure and proceedings
Section 8(2)(a) exempts information published with the authority of the Local Court from the publication prohibition. Section 7 creates Local Court proceedings concerning variation or revocation and identifies who the respondents are (s 7(5)-(6)). The regulation therefore interfaces directly with judicial processes and allows courts to authorise publication where appropriate.
Savings and continuity with repealed regulation
Section 2 notes that the 2018 regulation is repealed on 1 September 2025 and that this regulation replaces it. Section 10 provides that any act, matter or thing that immediately before the repeal of the 2018 regulation had effect under that regulation continues to have effect under this regulation. This provides a legal continuity mechanism to avoid gaps between the two instruments.
Overall, the regulation operates by integrating external prohibition orders into the NSW statutory scheme, defers to the originating jurisdiction for substantive determinations such as term and original variation, sets out how NSW courts and police process variation or revocation applications, and coordinates disclosure obligations with other statutory authorisations and law enforcement functions.
Amendment history
This regulation is new and concise; the text provides a limited formal history and transitional detail.
Commencement and replacement
The regulation commences on 1 September 2025 (s 2). It expressly replaces the Child Protection (Offenders Prohibition Orders) Regulation 2018. The explanatory note in section 2 states that the 2018 regulation is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2) (s 2 note).
Savings provision for continuity
Section 10 contains a savings provision which preserves legal continuity: any act, matter or thing that immediately before the repeal of the 2018 regulation had effect under that regulation continues to have effect under this regulation. That prevents an interruption of effect for existing orders or administrative actions that relied on the earlier regulation.
No recorded amendments within the text
The regulation text as supplied does not record any prior amendments to the 2025 regulation itself; it is presented as a replacement instrument coming into force on its commencement date (s 2) and referencing the repealed 2018 regulation. There is no internal schedule of amendments included.
References to related statutes for repeal and continuity
The note to section 2 cites the Subordinate Legislation Act 1989, s 10(2), as the authority effecting the repeal of the 2018 regulation on 1 September 2025 (s 2 note). Section 3 notes that the Act and the Interpretation Act 1987 contain definitions and other provisions affecting interpretation and application (s 3 note). These cross-references are the main documentary markers of legislative context and continuity.
Practical effect of the amendment history
Practically, the amendment history is limited to the administrative act of replacement and declaratory continuity. The savings provision (s 10) ensures that rights, obligations, registrations and administrative acts that had effect immediately before repeal continue under the new regulation. There is no transitional timetable other than the commencement date and the savings provision.
Readers seeking a fuller historical chain (for example, how provisions in the 2018 regulation compare word-for-word) will need to consult the earlier instrument. The regulation itself provides a minimal amendment history: an effective replacement and a savings safeguard to maintain continuity.
Litigation history
The regulation text contains no litigation history. It does not cite any judicial decisions, nor does it attach case law or reference judicial interpretation. The regulation does refer to the Crimes (Appeal and Review) Act 2001 in specifying that recognition of corresponding orders does not enable an appeal under that Act in relation to the decision to make the corresponding prohibition order (s 6(2)), but it does not indicate any cases or judicial rulings interpreting that provision.
Implications for research
There are no decisions, reported or otherwise, included in this instrument. Any litigation arising from the operation of this regulation,for example proceedings under section 7 in the Local Court, prosecutions under section 8, or enforcement actions under section 6,are not reported in the regulation text. To identify post-commencement litigation or judicial interpretation, a separate case-law search would be required after 1 September 2025.
Procedural loci likely to generate litigation
The parts of the regulation most likely to spawn contested litigation or judicial review in practice, based on the regulation’s mechanics, include:
Applications under section 7: contested Local Court proceedings about variation or revocation, leave questions under section 7(2)-(3) and whether the interests of justice test is satisfied.
Prosecution under section 8: challenges to what constitutes publication that "identifies, or is reasonably likely to enable the identification" of affected persons, and the scope of the exceptions in section 8(2).
Questions over whether a particular foreign or interstate instrument is a corresponding prohibition order under the enumerated list in section 4 or whether a later variation in the originating jurisdiction has effect in NSW under section 5.
However, none of those hypothetical disputes are recorded in the regulation text itself.
For a litigation history, consult court records after the commencement date; the regulation text does not supply any such material.
Gotchas
This regulation is short but contains several points where practical or procedural errors are likely if users assume broader rights or duties than the text provides. The following items are derived directly from the regulation text and its procedural structure.
Assuming you can change the term in NSW
The Local Court may vary the corresponding prohibition order other than to vary the term of the order (s 7(1)(a)). The regulation therefore precludes the Local Court from changing the length of the order as it applies in NSW; the term remains that of the originating jurisdiction (s 6(1)(c)). Applicants seeking shortening or extension of the term must note that the NSW Local Court is not empowered to vary the term.
Thinking that originating-jurisdiction changes do not bind NSW
If a court in the originating jurisdiction varies or revokes a corresponding prohibition order, that variation or revocation applies in NSW to the extent the corresponding prohibition order has effect in NSW (s 5). That means a later decision overseas or interstate may affect the order’s operation domestically; practitioners should obtain up-to-date certified copies of any variations made in the originating jurisdiction when assembling an application or defending enforcement.
Failing to obtain or present required documents
Section 7(4) makes it a requirement that an application to the Local Court be accompanied by a copy of the corresponding prohibition order and copies of all variations made to it. Failure to attach those documents risks dismissal or procedural delay.
Underestimating the leave gate for person-subject applications
A person subject to a corresponding prohibition order cannot simply apply to the Local Court; leave is required and will only be granted if the Local Court is satisfied that changes in the applicant’s circumstances since the order was made or last varied make it in the interests of justice to grant leave (s 7(2)-(3)). This is not a low threshold and is a judicially supervised gatekeeping device.
Relying on a broad free-speech defence to publication
The publication prohibition in s 8(1) is framed broadly,covering information that "identifies, or is reasonably likely to enable the identification of" a subject or a person at risk. The regulation also sets a substantial maximum penalty of 50 penalty units. Exceptions are specific and limited (s 8(2)). Entities considering publication must check whether they fall within an explicit exception, have court authorisation, or are otherwise required or authorised by another Act or law (s 8(2)(a), (d)).
Confusion about authorised recipients
Section 8(2)(c) lists particular classes who may receive identifying information. But publication outside those classes is prohibited unless another exception applies. Organisations or individuals passing information to seemingly related parties should verify that the recipient falls within an enumerated class or that the disclosure is court-authorised or required by another law (s 8(2)). Mistakenly assuming that an unspecified welfare agency or contracted private provider is covered could lead to liability.
Assuming appeal avenues are available
Section 6(2) states that subsection (1) does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order. That is a limit on one statutory appeal route. Practitioners should not assume that the availability of a section 19(2) recognition creates entitlement to appeal under that specific Act; alternative review pathways would need separate examination (s 6(2)).
Delegation applies only to a specific officer
For applications relating to young registrable persons under the Act, s 17, the prescribed officer is the police officer in charge of the Child Protection Register (s 9). Practitioners should not expect delegation to rest with arbitrary officers; the regulation prescribes a specific post.
Assuming the list of corresponding orders is open-ended
Section 4 contains a specific list of statutes and parts. It is not drafted as an open general recognition of "any order with similar effect"; the recognised orders are those enumerated. Practitioners should confirm that the order they rely on appears in the list or consider whether separate legal steps are required to secure recognition (s 4).
Transitional continuity but check records
Section 10 preserves acts that had effect under the previous regulation. Nevertheless, parties relying on historical registrations or notices should confirm they are captured by the savings provision and ensure that records are current and in compliance under the new regulation (s 10).
Each of these points derives from the text and identifies concrete operational risks arising from the regulation’s particular wording.
How to comply
The regulation imposes discrete compliance actions for law enforcement, persons subject to corresponding orders, publishers, courts and specified police officers. The steps below follow directly from the regulation text.
For police and the Commissioner of Police
Maintain and verify documentary records of corresponding prohibition orders and their variations. Section 7(4) requires that any application to the Local Court be accompanied by a copy of the corresponding prohibition order and copies of all variations. Make certified copies available when initiating or responding to proceedings.
Use available Local Court proceedings appropriately. The Commissioner may apply under section 7(1) to vary (other than the term) or revoke a corresponding prohibition order as it applies in NSW. Be prepared to act as respondent when a person subject to an order applies (s 7(6)(b)).
For cases involving young registrable persons, ensure the police officer in charge of the Child Protection Register carries out the delegated function under the Act, s 17, as prescribed by section 9.
For persons subject to corresponding prohibition orders
If seeking to vary or revoke the operation of the corresponding order in NSW, make an application to the Local Court under section 7 but only after obtaining leave. Section 7(2) makes leave a prerequisite. Prepare evidence demonstrating changes in circumstances since the order was made or last varied, since section 7(3) requires the Local Court to be satisfied that such changes make it in the interests of justice to grant leave.
Supply the Local Court with a copy of the original order and copies of all variations under section 7(4). Failure to do so risks procedural dismissal.
For publishers, media organisations and private individuals
Do not publish information that identifies, or is reasonably likely to enable identification of, a person as subject to a corresponding prohibition order or a person at risk because of conduct prohibited by such an order, unless an exception applies (s 8(1)). The maximum penalty for an offence is 50 penalty units.
Before publishing, check whether one of the statutory exceptions in section 8(2) applies. Exceptions include information published with the authority of the Local Court (s 8(2)(a)), the person publishing their own name (s 8(2)(b)), publication to specific classes listed in section 8(2)(c), or publication required or authorised by another Act or law (s 8(2)(d)). If relying on an exception, document the legal basis for the disclosure and retain records showing the receiver falls within a listed exception.
When in doubt about whether material is "reasonably likely to enable identification", seek legal advice or, where appropriate, apply to the Local Court for authorisation under s 8(2)(a).
For courts and registries
On receipt of an application under section 7, ensure the application includes the required copies of the corresponding prohibition order and its variations (s 7(4)). For person-subject applications, assess whether leave is warranted under section 7(3) by examining changes in circumstances and the interests of justice.
Where the Local Court authorises publication, ensure the authorisation is documented in a manner that is clear to third parties relying on the exception in section 8(2)(a).
For administrative and support organisations involved in assessment or management
If receiving identifying information under one of the exceptions in section 8(2)(c) as part of case management, ensure handling conforms to the terms of the exception and to any other legal obligations that may apply (for example, confidentiality, data protection or other legislative reporting obligations). Retain clear records that the recipient falls within an enumerated class and that the disclosure was lawful under section 8(2).
Documentation and operational controls
Maintain up-to-date records of corresponding orders and any variations made in originating jurisdictions, because section 5 makes such variations effective in NSW to the extent the order has effect in NSW. Update internal procedures to require certified copies of originating orders and variations when engaging in enforcement or court applications.
Train staff and officers about who may lawfully receive identifying information under s 8(2)(c) and ensure channels for secure transfer of such information are in place.
If subject to cross-jurisdictional change
If a corresponding prohibition order is varied or revoked by the originating jurisdiction, understand that such variation or revocation applies in NSW to the extent the corresponding prohibition order has effect in NSW (s 5). Provide prompt notice to affected enforcement and administrative entities in NSW and obtain up-to-date certified documentation reflecting the originating jurisdiction’s action.
Record keeping and evidence
Keep records of all exchanges, court authorisations, applications and copies of orders and variations. These documents are necessary to establish compliance with procedural requirements in section 7 and to demonstrate entitlement to publish under section 8(2)(a).
By following these concrete steps and by operating within the specific statutory exceptions and procedural requirements set out in sections 4-10, the principal actors can align behaviour with the regulation’s duties and rights.
Section 4Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
(f) an order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory, Chapter 5A,
(g) an order under the Criminal Procedure Act 1921 of South Australia, section 99AA,
(h) an order under the Sex Offenders Registration Act 2004 of Victoria, Part 4A,
(i) an order under the Sexual Offences Act 2003 of the United Kingdom, Part 2.
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
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.
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
(1) A corresponding prohibition order—
(a) has the same effect as if it were a prohibition order, and
(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
(c) has effect in New South Wales for the term of the order.
(2) Subsection (1) does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order.
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
(1) The Commissioner of Police or a person subject to a corresponding prohibition order may apply to the Local Court to—
(a) vary the order, other than to vary the term of the order, or
(b) revoke the order.
(2) A person subject to a corresponding prohibition order must not make an application under subsection (1) without the leave of the Local Court.
(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.
(4) The application must be accompanied by—
(a) a copy of the corresponding prohibition order, and
(b) a copy of all variations that have been made to the corresponding prohibition order.
(5) The Local Court may determine the application—
(a) by varying or revoking the corresponding prohibition order to the extent the order has effect in New South Wales, or
(b) by dismissing the application.
(6) The respondent to an application under this section is—
(a) for an application by the Commissioner of Police—the person subject to the corresponding prohibition order, and
(b) for an application by a person subject to the corresponding prohibition order—the Commissioner of Police.
8 Restriction on publication of identity—the Act, s 19(1)
8 Restriction on publication of identity—the Act, s 19(1)
8 Restriction on publication of identity—the Act, s 19(1)
(1) A person must not publish information that identifies, or is reasonably likely to enable the identification of—
(a) a person as a person subject to a corresponding prohibition order, or
(b) a person as a person at risk because of the conduct prohibited by a corresponding prohibition order.
Maximum penalty—50 penalty units.
(2) This section does not apply to—
(a) information published with the authority of the Local Court, or
(b) the publication by a person of the person’s own name, or
(c) the publication of information to the following persons—
(i) the person subject to the relevant corresponding prohibition order,
(ii) another person, or class of persons, specified in the relevant corresponding prohibition order,
(iii) a member of the NSW Police Force,
(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,
(v) a person involved in the administration of the relevant corresponding prohibition order,
(vi) a member of staff of a government agency involved in the assessment and management of persons subject to corresponding prohibition orders,
(vii) a person for the purposes of an investigation of an alleged breach of a corresponding prohibition order,
(viii) a person involved in proceedings relating to an alleged breach of a corresponding prohibition order, or
(d) information required or authorised to be published under another Act or law.
Part 3 Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
For the Act, section 17, the police officer in charge of the Child Protection Register, established under the Child Protection (Offenders Registration) Act 2000, section 19, is prescribed.
10 Savings
10 Savings
10 Savings
An act, matter or thing that, immediately before the repeal of the Child Protection (Offenders Prohibition Orders) Regulation 2018, had effect under that regulation continues to have effect under this regulation.