New South Wales act

Child Protection (Offenders Registration) Act 2000

In ForceNSW

Jurisdiction

New South Wales

Act Number

42 of 2000

Collection

act

Plain English Summary

9/10 complexity

This law creates a Child Protection Register requiring people with certain child‑related convictions or foreign reporting obligations to provide and regularly update detailed personal, travel, work and communications information to the NSW Police, with tight reporting deadlines, identity checks, fingerprints/photos, and criminal penalties for non‑compliance.

It centralises monitoring and inter‑agency information‑sharing, empowers the Commissioner to administer and enforce requirements (with NCAT and regulatory review routes), and affects employment, name changes and online activity for registrable persons while raising privacy and administrative‑capacity trade‑offs.

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What it does

The Child Protection (Offenders Registration) Act 2000 (the Act) establishes a comprehensive compulsory registration and ongoing reporting regime for individuals who have committed serious offences against or involving children. Its core function is to create and maintain the Child Protection Register under s 19, which holds detailed personal and offence-related data on every registrable person. This enables the Commissioner of Police to monitor compliance, detect recidivism early, and share information for law enforcement and child protection purposes.

At its foundation, s 2A (inserted in 2014) articulates four objects: protecting children from serious harm (including physical and psychological harm from assault), ensuring early detection of recidivist child sex offenders, monitoring registrable persons, and enforcing compliance. The Act achieves this through a multi-layered structure. Part 2 and the new Part 2A (inserted by the 2024 amendments) define who is captured. A person becomes a registrable person under s 3A if they are subject to a registrable person order (s 3C), a child protection registration order (ss 3D–3G), are a corresponding registrable person from another jurisdiction (s 3L), have been found guilty of a foreign offence equivalent to a Class 1 or 2 offence, or were already registered before the 2024 changes.

Class 1 and Class 2 offences are now exhaustively listed in Schedules 1A and 1B rather than relying solely on cross-references to the Crimes Act 1900. Schedule 1A covers the most serious matters — murder of a child, sexual intercourse with a child under 10 (s 66A Crimes Act), persistent sexual abuse (s 66EA), aggravated sexual assault in company (s 61JA), and equivalents under Commonwealth criminal law such as trafficking in children (Criminal Code s 271.4) or using a carriage service for child abuse material (s 474.22). Schedule 1B includes slightly less grave but still serious offences such as sexual touching of a child (s 66DB ), grooming (s 66EB), production of child abuse material (s 91H), and voyeurism where the victim is under 18 (s 91J). Both schedules treat attempts, conspiracies, and incitements as equivalent (ss 2D(1)(d) and 2D(2)(d)), and provide that offences arising from the same incident are treated as a single offence (ss 2E and 2F). Section 2C supplies a statutory test for “risk to the lives or sexual safety of one or more children”, listing six mandatory considerations for a court, including the seriousness of prior offences, ages of offender and victim, and comparative impact of an order.

Current sections

Direct links to the current provisions in Child Protection (Offenders Registration) Act 2000.

142

Part 1

Preliminary

Part 1 Preliminary

Name of Act

1 Name of Act

This Act is the Child Protection (Offenders Registration) Act 2000.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

2A Objects of Act

The objects of this Act are—

(a) to protect children from serious harm (including physical and psychological harm caused by physical or sexual assault), and

(b) to ensure the early detection of offences by recidivist child sex offenders, and

(c) to monitor persons who are registrable persons, and

(d) to ensure that registrable persons comply with this Act.

s 2A: Ins 2014 No 54, Sch 1 [1].

Definitions

2B Definitions

(1) In this Act—

carriage service has the same meaning as in the Telecommunications Act 1997 of the Commonwealth.

child means any person who is under the age of 18 years.

child protection registration order means an order made under Part 2A, Division 2.

Class 1 offence—see section 2D(1).

Class 2 offence—see section 2D(2).

community correction order means a community correction order under the Crimes (Sentencing Procedure) Act 1999.

community service order means a community service order under the Crimes (Sentencing Procedure) Act 1999 or a children’s community service order under the Children (Community Service Orders) Act 1987.

conditional release order means a conditional release order under the Crimes (Sentencing Procedure) Act 1999.

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 the purposes of this Act.

corresponding child protection registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding child protection registration order for the purposes of this Act.

corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act.

corresponding registrable person—see section 3L(1).

corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner of Police under this Act.

court includes any Magistrate exercising functions under the Criminal Procedure Act 1986, and also includes a court (however described) of a foreign jurisdiction.

detainee means a person who—

(a) is a detainee within the meaning of the Children (Detention Centres) Act 1987, or

(b) is absent from a detention centre pursuant to an order in force under section 24 of that Act.

disability has the same meaning as it has in the Anti-Discrimination Act 1977.

existing controlled person means a person who, immediately before the commencement of this section—

(a) was subject to a sentence of imprisonment in respect of a registrable offence, including—

(i) a term of imprisonment the subject of an intensive correction order, home detention order or sentence suspension order, and

(ii) a term of imprisonment in respect of which the person was on release on parole under strict supervision,

but not including a term of imprisonment in respect of which the person was on release on parole otherwise than under strict supervision, or

(b) was a forensic patient in respect of a registrable offence, or

(c) was an existing licensee in respect of a registrable offence, or

(d) was participating in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985 in respect of a registrable offence, or

(e) was the subject of a community service order in respect of a registrable offence, or

(f) was subject to a good behaviour bond in respect of a registrable offence, being a bond under which the person was required to submit to strict supervision,

whether under the laws of New South Wales or (in whatever terms expressed) under the laws of a foreign jurisdiction.

existing licensee means a person who is—

(a) the holder of an existing licence within the meaning of clause 22 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999, or

(b) the holder of a licence under section 7 of the Habitual Criminals Act 1957, or

(c) the holder of any equivalent licence granted under the laws of a foreign jurisdiction,

being a person who is for the time being required by the conditions of the licence to submit to strict supervision.

finding of guilt—see subsection (2).

foreign jurisdiction means a jurisdiction other than New South Wales (including jurisdictions outside Australia).

foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses.

forensic custody—see section 2G(1).

forensic patient means a person who is subject to an order of detention under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 as a result of a limiting term being imposed on the person, or the person being subject to a special verdict of act proven but not criminally responsible, under that Act.

good behaviour bond means a good behaviour bond under the Crimes (Sentencing Procedure) Act 1999, and includes a good behaviour bond referred to in section 33 (1) (b) of the Children (Criminal Proceedings) Act 1987.

government custody means the following—

(a) custody as an inmate or detainee,

(b) forensic custody,

(c) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a) or (b).

home detention order means a home detention order under the Crimes (Sentencing Procedure) Act 1999.

inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.

intensive correction order means an order referred to in section 7 of the Crimes (Sentencing Procedure) Act 1999.

interstate Registrar means an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.

NSW Registrar means the Registrar within the meaning of the Births, Deaths and Marriages Registration Act 1995.

personal information report, for a registrable person, means a report that includes all relevant personal information.

Register means the Child Protection Register established under section 19.

registrable offence means an offence that is—

(a) a Class 1 offence, or

(b) a Class 2 offence, or

(c) an offence that results in the making of a child protection registration order.

registrable person—see section 3A.

registrable person order—see section 3C(1).

relevant personal information means—

(a) the information specified in Schedule 1C, and

(b) other information prescribed by the regulations.

relevant vehicle or other transport—see section 2H.

reporting obligations, in relation to a registrable person, means the obligations imposed on the person under this Act.

reporting period, in relation to a registrable person, means the period during which the person must comply with the person’s reporting obligations that is—

(a) specified in a registrable person order or child protection registration order, or

(b) determined in accordance with Part 3, Division 6.

residential premises, of a registrable person, means premises at which the person resides for 7 days or more, whether or not consecutively, in a 12-month period.

sentence includes the following—

(a) any order under section 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that causes a person to be kept in custody or an order of detention under section 33(1) or 61(2) of that Act,

(b) any order under section 33 (1) of the Children (Criminal Proceedings) Act 1987,

(c) any action taken under section 10A of the Crimes (Sentencing Procedure) Act 1999,

(d) any undertaking under section 23 of the Pre-Trial Diversion of Offenders Act 1985,

(e) any sentence or equivalent order or undertaking imposed under the laws of a foreign jurisdiction.

sentence suspension order means an order under section 12 of the Crimes (Sentencing Procedure) Act 1999.

sexual act, sexual intercourse and sexual touching have the same meanings as in Division 10 of Part 3 of the Crimes Act 1900.

strict government custody, in relation to a registrable person, means custody as an inmate, detainee or forensic patient, but does not include such custody if the person—

(a) is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise, and

(b) is not at all such times under the immediate supervision of an officer of a supervising authority or other person having custody of the person.

strict supervision means supervision by—

(a) the Commissioner of Corrective Services or an officer employed within the Department of Corrective Services, or

(b) the Director-General of the Department of Juvenile Justice or an officer employed within that Department, or

(c) the Director-General of the Department of Health or an officer employed within that Department,

or supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a)–(c).

supervised sentence means—

(a) a sentence of imprisonment the subject of an intensive correction order or home detention order, or

(b) a community service order or community correction order, or

(c) a good behaviour bond or conditional release order under which the person is required to submit to strict supervision, or

(d) an order of detention under section 33(1), 61(2) or 65(2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, other than an order that, as originally made, requires the person to be kept in strict government custody.

(e) (Repealed)

supervising authority, in relation to a registrable person, means an authority prescribed by the regulations as the authority having control of the person.

witness protection program has the same meaning as it has in the Witness Protection Act 1995.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A) Except in so far as the context or subject-matter otherwise indicates or requires or as the regulations provide that this subsection not have effect, a reference in this Act to the Crimes (Sentencing Procedure) Act 1999 is a reference to that Act as in force at any time (whether before, on or after the commencement of this subsection). This subsection does not affect the meaning or construction of references to any other Act mentioned in this Act.

Note.

The principal purpose of this subsection is to make it clear that references to orders and bonds under the Crimes (Sentencing Procedure) Act 1999 extend to orders and bonds under that Act as in force at any time.

(2) For the purposes of this Act, a reference to a finding of guilt in relation to an offence (however expressed) committed by a person is a reference to any of the following—

(a) a court making a formal finding of guilt in relation to the offence,

(b) a court convicting the person of the offence, where there has been no formal finding of guilt before conviction,

(c) a court accepting a plea of guilty from the person in relation to the offence,

(d) a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or under equivalent provisions of the laws of a foreign jurisdiction,

(e) a verdict under section 59(1)(b), (c) or (d) or of act proven but not criminally responsible under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, or under equivalent provisions of the laws of a foreign jurisdiction.

(2A) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.

(3) (Repealed)

(4) For the purposes of this Act, a person who is absent from a detention centre pursuant to an order in force under section 23 or 24 of the Children (Detention Centres) Act 1987 is taken to be in custody.

(5) For the purposes of this Act, section 579 of the Crimes Act 1900 does not apply to or in respect of a registrable offence.

(6) For the purposes of this Act, a registrable person has a special need if—

(a) the person has impaired intellectual functioning, that is, the person has—

(i) total or partial loss of the person’s mental functions, or

(ii) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or

(iii) a disorder, illness or disease that affects the person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour, or

(b) the person is subject to a guardianship order (within the meaning of the Guardianship Act 1987), or

(c) the person is illiterate, or is not literate in the English language, or

(d) the person is visually impaired to the extent that the person is unable to read a written notice, or

(e) the person is subject to some other condition that may prevent the person from being able to understand a written notice.

(7) A reference to sexual touching or a sexual act in this Act does not include a reference to an offence that only involves indecent exposure.

(8) A reference to doing a thing “in person” in this Act is a reference to doing the thing by personal attendance at a place, it is not sufficient to attend the place by telephone or by any other electronic means.

(9) Notes included in this Act do not form part of this Act.

s 2B (previously s 3): Renumbered 2024 No 62, Sch 1[3].

Risk to sexual safety of children—meaning

2C Risk to sexual safety of children—meaning

(1) For the purposes of this Act, a person poses a risk to the lives or sexual safety of one or more children, or of children generally if there is a risk that the person will engage in conduct that may constitute a Class 1 offence or a Class 2 offence against or in respect of a child or children.

(2) In order for a court to be satisfied that a person poses a risk to the lives or sexual safety of one or more children, or of children generally, it is not necessary for the court to be able to identify a risk to particular children, or a particular class of children.

(3) A court is to take the following into account in determining whether a person poses a risk to the lives or sexual safety of one or more children, or of children generally—

(a) the seriousness of each registrable offence committed by the person,

(b) the age of the person at the time each of those offences was committed,

(c) the age of each victim of each of those offences at the time that the offence was committed,

(d) the seriousness of any other offences committed by the person,

(e) the impact on the person if the order being sought is made compared with the likelihood that the person may commit a registrable offence,

(f) any other matter that the court considers to be relevant.

s 2C (previously s 3AA): Renumbered 2024 No 62, Sch 1[4].

Class 1 offences and Class 2 offences

2D Class 1 offences and Class 2 offences

(1) In this Act, a Class 1 offence means the following—

(a) murder, if the person murdered was a child,

(b) an offence specified in Schedule 1A,

(c) an offence under a law of a foreign jurisdiction that—

(i) if committed in New South Wales, would be an offence of a kind specified in this subsection, or

(ii) is prescribed by the regulations as a Class 1 offence,

(d) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in this subsection,

(e) an offence that, when it was committed, was a Class 1 offence,

(f) an offence committed before 8 December 2000 that was an offence of a kind specified in this subsection.

(2) In this Act, a Class 2 offence means the following—

(a) manslaughter, other than manslaughter as a result of a motor vehicle accident, if the person killed was a child,

(b) an offence specified in Schedule 1B,

(c) an offence under a law of a foreign jurisdiction that—

(i) if committed in New South Wales, would be an offence of a kind specified in this subsection, or

(ii) is prescribed by the regulations as a Class 2 offence,

(d) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in this subsection,

(e) an offence that, when it was committed, was a Class 2 offence,

(f) an offence committed before 8 December 2000 that was an offence of a kind specified in this subsection.

s 2D: Ins 2024 No 62, Sch 1[5].

Court may treat offences as single offence

2E Court may treat offences as single offence

(1) A court may, for the purposes of this Act, treat 2 or more offences as a single offence if satisfied it is appropriate treat the offences as a single offence.

(2) Matters that may be relevant to a decision to treat offences as a single offence include the following—

(a) whether the offences are of the same kind,

(b) whether the offences were committed against the same person,

(c) whether the offences were committed at the same time or close together in time,

(d) other matters prescribed by the regulations.

Note—

Offences of the same kind that are committed against the same person in the same 24-hour period are offences that may be treated as a single offence.

(3) The single offence must be treated as a Class 1 offence if at least 1 of the offences comprising the single offence is a Class 1 offence.

(4) The single offence must be treated as a Class 2 offence if—

(a) at least 1 of the offences comprising the single offence is a Class 2 offence, and

(b) none of the offences is a Class 1 offence.

s 2E: Ins 2024 No 62, Sch 1[5].

Offences arising from same incident to be treated as single offence

2F Offences arising from same incident to be treated as single offence

(1) A person, other than a court, who is calculating a reporting period must treat 2 or more offences as a single offence if the offences arise from the same incident.

Example—

the Commissioner of Police calculating a reporting period for a corresponding registrable person

(2) The single offence must be treated as a Class 1 offence if at least 1 of the offences comprising the single offence is a Class 1 offence.

(3) The single offence must be treated as a Class 2 offence if—

(a) at least 1 of the offences comprising the single offence is a Class 2 offence, and

(b) none of the offences is a Class 1 offence.

(4) For this section, offences arise from the same incident if—

(a) each of the offences is committed within 24 hours of one or more of the other offences, and

(b) for offences committed against a person—the offences are committed against the same person.

s 2F: Ins 2024 No 62, Sch 1[5].

Forensic custody

2G Forensic custody

(1) In this Act, a person is in forensic custody if the person is—

(a) subject to—

(i) an order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, section 33(1), 61(2) or 65(2) that, as originally made, requires the person to be kept in strict government custody, or

(ii) an order prescribed by the regulations, or

(b) involuntarily detained in a mental health facility in circumstances prescribed by the regulations.

(2) The regulations may make provision about—

(a) the circumstances in which a person in forensic custody is taken not to be in government custody, and

(b) the identification of the supervising authority for persons in forensic custody who are not detained in a mental health facility.

s 2G: Ins 2024 No 62, Sch 1[5].

Relevant vehicles or other transport

2H Relevant vehicles or other transport

(1) In this Act, a relevant vehicle or other transport, for a person, means the following if owned by the person or used by the person for 7 days or more in a 12-month period, whether or not consecutively—

(a) a motor vehicle within the meaning of the Road Transport Act 2013,

(b) a caravan or trailer,

(c) a vessel or aircraft required to be registered under a law of New South Wales or another Australian jurisdiction.

(2) In this section—

owned includes leased and hired.

vessel has the same meaning as in the Marine Safety Act 1998.

s 2H: Ins 2024 No 62, Sch 1[5].

Travel to Norfolk Island is travel outside New South Wales

2I Travel to Norfolk Island is travel outside New South Wales

For this Act, if a person travels to Norfolk Island, the person travels outside New South Wales.

s 2I: Ins 2024 No 62, Sch 1[5].

s 3: Am 2001 No 50, Sch 1 [1]–[8]; 2001 No 84, Sch 2.2; 2001 No 99, Sch 2; 2001 No 121, Sch 2.33 [1]; 2002 No 1, Sch 3.1 [1] [2]; 2002 No 53, Sch 2.4; 2002 No 98, Sch 1 [1]–[3]; 2004 No 11, Sch 1; 2004 No 85, Sch 1 [2]–[14]; 2004 No 95, Sch 2.1; 2006 No 107, Sch 1.3 [1] [2]; 2007 No 13, Sch 1 [1]–[3]; 2007 No 74, Sch 3; 2007 No 87, Sch 1 [1]–[3]; 2008 No 105, Sch 2.1 [1]; 2009 No 56, Sch 2.4; 2010 No 48, Sch 5.1 [1]–[3]; 2010 No 88, Sch 1 [1] [2]; 2014 No 54, Sch 1 [2]–[11]; 2017 No 53, Sch 4.4 [1]–[4]; 2018 No 33, Sch 2 [1]–[4]; 2020 No 12, Sch 3.3[1]–[5]; 2024 No 62, Sch 1[1] [2]. Renumbered as sec 2B, 2024 No 62, Sch 1[3].

s 3AA (previously s 3H): Renumbered 2018 No 33, Sch 2 [8]. Renumbered as sec 2C, 2024 No 62, Sch 1[4].

Part 2

Offenders to whom Act applies

Part 2 Offenders to whom Act applies

pt 2: Ins 2004 No 85, Sch 1 [15].

Registrable persons

3A Registrable persons

(1) In this Act, each of the following is a registrable person—

(a) a person subject to a registrable person order,

(b) a person subject to a child protection registration order,

(c) a corresponding registrable person,

(d) a person who has been found guilty by a court of an offence specified in section 2D(1)(c) or (2)(c),

(e) a person who was a registrable person immediately before the commencement of this subsection, as substituted by the Child Protection (Offenders Registration) Amendment Act 2024.

(2) Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person—

(a) is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or

(b), (c) (Repealed)

(d) is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person.

(3) A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this section.

(4) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence, child protection registration order or corresponding child protection registration order.

(5) (Repealed)

s 3A: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 13, Sch 1 [4]; 2007 No 87, Sch 1 [4] [5]; 2008 No 105, Sch 2.1 [2]; 2014 No 54, Sch 1 [12]–[15]; 2018 No 33, Sch 2 [5]; 2024 No 62, Sch 1[6]–[8].

Circumstances in which person ceases to be registrable person

3B Circumstances in which person ceases to be registrable person

A person ceases to be a registrable person if—

(a) the finding of guilt against the person for the only offence that makes the person a registrable person is quashed or set aside by a court, or

(b) the person’s sentence in respect of that offence is reduced or altered so that the person would not have been a registrable person had the amended sentence been the original sentence, or

(c) the person is a registrable person only because the person is subject to a registrable person order or child protection registration order and that order is quashed on appeal or otherwise ceases to have effect under this Act.

s 3B: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [6]; 2024 No 62, Sch 1[9].

Part 2A

Registrable person orders and child protection registration orders

Part 2A Registrable person orders and child protection registration orders

pt 2A, hdg: Ins 2007 No 87, Sch 1 [8]. Subst 2024 No 62, Sch 1[11].

Division 1

Registrable person orders

Division 1 Registrable person orders

pt 2A, div 1: Ins 2024 No 62, Sch 1[12].

Registrable person orders by sentencing court

3C Registrable person orders by sentencing court

(1) A court (the sentencing court) that sentences a person for a registrable offence must make an order (a registrable person order) that the person is a registrable person if—

(a) for a person who was an adult when the registrable offence was committed—the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, or

(b) for a person who was a child when the registrable offence was committed—

(i) the sentencing court imposes a sentence for the registrable offence, other than a no conviction order, and

(ii) the prosecution requests the registrable person order be made, and

(iii) the sentencing court is satisfied the registrable person order is necessary because the person poses a risk to the lives or sexual safety of one or more children or of children generally.

Note—

The Crimes (Sentencing Procedure) Act 1999, section 43 allows proceedings to be reopened if the sentencing court makes an incorrect registrable person order or fails to make a registrable person order.

(2) If a person is sentenced for more than 1 registrable offence, only 1 registrable person order must be made for all the offences.

(3) The registrable person order must specify the reporting period calculated in accordance with section 3I.

(4) In this section—

adult means a person who is not a child.

no conviction order means an order under—

(a) the Crimes (Sentencing Procedure) Act 1999, section 10, or

(b) the Children (Criminal Proceedings) Act 1987, section 33(1)(a).

s 3C: Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [7]. Rep 2014 No 54, Sch 1 [16]. Ins 2018 No 33, Sch 2 [6]. Rep 2024 No 62, Sch 1[10]. Ins 2024 No 62, Sch 1[12].

3CA

Effect of appeals on registrable person orders

3CA Effect of appeals on registrable person orders

(1) A registrable person order is not part of the sentence imposed for the registrable offence that gave rise to the order.

(2) If an appeal is made against the conviction or sentence for a registrable offence, the registrable person order imposed for the offence is not stayed and continues in force, subject to subsection (3).

(3) A court (the appeal court) that determines an appeal against a registrable person’s conviction or sentence for a registrable offence may—

(a) if a registrable person order would not be required to be made under this Act if the decision of the appeal court were the original decision of the sentencing court—revoke the registrable person order, or

(b) if a different reporting period would be required to be specified in the registrable person order if the decision of the appeal court were the original decision of the sentencing court—amend the registrable person order or the reporting period specified in the order in accordance with section 3I.

(4) In this section—

sentencing court has the same meaning as in section 3C.

s 3CA: Ins 2024 No 62, Sch 1[12].

Division 2

Child protection registration orders

Division 2 Child protection registration orders

pt 2A, div 2, hdg: Ins 2024 No 62, Sch 1[12].

Child protection registration orders made during criminal proceedings

3D Child protection registration orders made during criminal proceedings

(1) If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence, it may order that the person comply with the reporting obligations of this Act.

(2) A court may make an order under this section only if—

(a) the court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and

(b) the court imposes a sentence on the person in relation to the offence (other than an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987), and

(c) an application for the imposition of the order is made by the prosecution.

Note.

The effect of subsection (2) (b) is to prevent a child protection registration order being made in certain circumstances if an order is made dismissing the charge or conditionally discharging the offender.

(3)–(5) (Repealed)

(6) For the purposes of calculating the person’s reporting period under this Act, a person subject to an order under this section is deemed to have been found guilty of a Class 2 offence.

(7) (Repealed)

s 3D: Ins 2004 No 85, Sch 1 [15]. Am 2007 No 87, Sch 1 [9] [10]; 2024 No 62, Sch 1[13].

Orders made after conclusion of criminal proceedings

3E Orders made after conclusion of criminal proceedings

(1) The Local Court may, on application by the Commissioner of Police, order a person who has been sentenced by a court of New South Wales in respect of an offence that is not a Class 1 offence or a Class 2 offence to comply with the reporting obligations under this Act.

(2) The Local Court may make an order under this section only if—

(a) the Court is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and

(b) the sentence imposed on the person in respect of the offence was not an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or under section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987.

Note.

The effect of subsection (2) (b) is to prevent a child protection registration order being made if an order is made dismissing the charge or conditionally discharging the offender.

(3) An application for an order under this section must be made within 60 days after the person with respect to whom the order is sought is sentenced for the relevant offence.

(4) For the purposes of calculating the person’s reporting period under this Act, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made.

s 3E: Ins 2004 No 85, Sch 1 [15]. Subst 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1]; 2014 No 54, Sch 1 [17]; 2024 No 62, Sch 1[13].

Orders made in relation to foreign offences and old offences

3F Orders made in relation to foreign offences and old offences

(1) The Local Court may, on application by the Commissioner of Police, order any of the following persons to comply with the reporting obligations of this Act—

(a) a person who has been found guilty of an offence against the law of a foreign jurisdiction that, if the offence had been committed in New South Wales, would have been an offence under the law of New South Wales, and who is not otherwise a registrable person in respect of that offence,

(b) a person who has (at any time) been sentenced by a court for a Class 1 offence of which the person was found guilty before 15 October 2001, unless the person was a child at the time that the offence was committed,

(c) a person who has (at any time) been sentenced by a court for a relevant Class 2 offence, unless the person was a child at the time the offence was committed.

(2) The Local Court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally.

(3) For the purposes of calculating the person’s reporting period under this Act, if the Local Court makes an order in respect of a person under this section, the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date an order under this section is made.

(4) Section 51 of the Local Court Act 2007 does not apply to proceedings for an order under this section.

(5) The fact that an offence in respect of which a person has been found guilty is spent does not prevent the making of an order under this section.

(6) For the purposes of this section, an offence is spent if, under a law in any jurisdiction, the person is permitted not to disclose the fact that the person was convicted or found guilty of the offence.

(7) In this section—

relevant Class 2 offence, in relation to a person, means an offence—

(a) referred to in—

(i) section 2D(2)(a), or

(ii) Schedule 1B, Part 1, item 1 or 21, and

(b) of which the person was found guilty before 24 October 2014.

s 3F: Ins 2007 No 87, Sch 1 [11]. Am 2007 No 87, Sch 4.1 [1] [2]; 2014 No 54, Sch 1 [18]; 2024 No 62, Sch 1[13]–[15].

Child protection registration orders made after grant of bail under Mental Health and Cognitive Impairment Forensic Provisions Act 2020

3G Child protection registration orders made after grant of bail under Mental Health and Cognitive Impairment Forensic Provisions Act 2020

(1) A court that grants bail to a person in respect of a Class 1 offence or a Class 2 offence under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 may order that the person comply with the reporting obligations of this Act.

(2) A court may make an order under this section only if it is satisfied that the person poses a risk to the lives or sexual safety of one or more children, or of children generally.

(3) A court may make an order under this section only if—

(a) an application for the imposition of the order is made by the prosecution, and

(b) the order is made concurrently with the granting of the person’s bail.

(4) For the purposes of calculating the person’s reporting period under this Act, if a court makes an order in respect of a person under this section the person is taken to have been found guilty of, and sentenced for, a Class 2 offence on the date the order is made.

(5) A decision to make an order under this section is taken to be part of a bail decision for the purposes of the Bail Act 2013 and can be varied in accordance with that Act.

(6) An order made under this section ceases to have effect if—

(a) proceedings against the person in respect of the Class 1 offence or Class 2 offence are withdrawn by the prosecution or dismissed by a court, or

(b) the person is sentenced by a court in respect of the Class 1 offence or Class 2 offence, or

(c) the bail decision is varied under the Bail Act 2013 and, on that variation, the order is quashed or set aside.

(7) Subsection (4) ceases to apply if the order ceases to have effect.

(8) If an order under this section ceases to have effect as a consequence of the person having been sentenced by a court in respect of the Class 1 offence or Class 2 offence, and the person continues to be a registrable person, the period for which the person’s reporting obligations continue is to be reduced by the length of time for which the person was required to comply with the reporting obligations under this Act solely as a consequence of the order.

s 3G: Ins 2007 No 87, Sch 1 [11]. Am 2009 No 56, Sch 2.4; 2014 No 5, Sch 2.1 [1] [2]; 2020 No 12, Sch 3.3[6] [7]; 2024 No 62, Sch 1[13].

Child protection registration order must specify reporting period

3H Child protection registration order must specify reporting period

A child protection registration order made in relation to a person must specify the reporting period for the person calculated in accordance with section 3I.

s 3H (renumbered as s 3AA): Ins 2007 No 87, Sch 1 [11]. Am 2014 No 54, Sch 1 [19]; 2018 No 33, Sch 2 [7]. Renumbered as sec 3AA 2018 No 33, Sch 2 [8]. Ins 2024 No 62, Sch 1[16].

Division 3

General provisions

Division 3 General provisions

pt 2A, div 3: Ins 2024 No 62, Sch 1[17].

Calculation of reporting period specified in orders

3I Calculation of reporting period specified in orders

(1) The reporting period for a registrable person subject to a registrable person order or child protection registration order is—

(a) 8 years, if the person has only ever been found guilty of a single Class 2 offence, or

(b) 15 years, if the person—

(i) has only ever been found guilty of a single Class 1 offence, or

(ii) has ever been found guilty of more than a single registrable offence, but is not covered by paragraph (c), or

(c) the remainder of the person’s life, if the person is a registrable person in relation to—

(i) a Class 1 offence and the person subsequently commits and is found guilty of another registrable offence, or

(ii) a Class 2 offence and the person subsequently commits and is found guilty of a Class 1 offence, or

(iii) a Class 2 offence and the person subsequently commits and is found guilty of another Class 2 offence and has ever been found guilty of 3 or more Class 2 offences.

(2) If the registrable person was a child when each registrable offence was committed, the reporting period for the registrable person order or child protection registration order is—

(a) half the period that would otherwise apply under subsection (1)(a) or (b), or

(b) 7 and a half years, if subsection (1)(c) would otherwise apply.

(3) If section 14C applies in relation to the registrable person, the reporting period must be extended in accordance with that section.

(4) Subsection (1)(c) or (2)(b) does not apply if the registrable person was not given notice of the person’s reporting obligations under this Act or a corresponding Act before the person committed the subsequent offence.

(5) A reference in subsection (1) or (2) to an offence extends to an offence committed before the commencement of the subsection.

s 3I: Ins 2024 No 62, Sch 1[17].

Notice requirements

3J Notice requirements

(1) This section applies to a court that makes a registrable person order or child protection registration order in relation to a person.

(2) The court must—

(a) arrange for the following to be given to the person, including if the person is not physically present in the court—

(i) a copy of the order,

(ii) written notice of—

(A) the person’s reporting obligations, and

(B) the consequences of failing to comply with the person’s reporting obligations, and

(b) verbally explain the matters specified in subparagraph (a)(ii) to the person in language the person is able to readily understand.

(3) The notice referred to in subsection (2)(a)(ii) must comply with the requirements of the regulations in relation to the form of the notice.

(4) The court may require the person—

(a) to remain in court or otherwise on the court premises until subsection (2) is complied with, or

(b) to collect the copy of the order and the written notice required under subsection (2)(a) from the court registry or another place on the court premises before leaving the premises.

(5) A registrable person order or child protection registration order is not invalidated by a failure to comply with subsection (2)(b).

(6) The regulations may make provision about the arrangements for giving the person a copy of the order or written notice under subsection (2)(a) if the person is not physically present in the court when the order is made.

Example—

a person attending court by audio visual link

(7) As soon as practicable after the order is made, the court must give a copy of the order to—

(a) the Commissioner of Police, and

(b) the supervising authority for the person.

s 3J: Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[1]–[3]).

Registrable persons taken to know certain matters

3K Registrable persons taken to know certain matters

(1) This section applies if—

(a) a registrable person order or child protection order has been made in relation to a person, and

(b) either—

(i) the person has been given a copy of the order and the written notice required under section 3J(2)(a), or

(ii) both of the following apply—

(A) the person’s reporting obligations, and the consequences of failing to comply with the reporting arrangements, have been verbally explained to the person under section 3J(2)(b),

(B) the person has failed to comply with a direction under section 3J(4) to remain at the court, or otherwise attend the court registry, to receive copies of the order and the written notice.

(2) The person is taken to know the following—

(a) the person is a registrable person,

(b) the person’s reporting period,

(c) the person’s reporting obligations.

s 3K: Ins 2024 No 62, Sch 1[17] (am 2025 No 56, Sch 5.2[4]).

Part 2B

Corresponding registrable persons

Part 2B Corresponding registrable persons

pt 2B: Ins 2024 No 62, Sch 1[18].

Corresponding registrable persons

3L Corresponding registrable persons

(1) In this Act, a corresponding registrable person means—

(a) a person who—

(i) has at any time been—

(A) in a foreign jurisdiction, and

(B) required, other than because the person is a registrable person in New South Wales, to report to the corresponding registrar in that jurisdiction, and

(ii) would, if still in that jurisdiction, be required, other than because the person is a registrable person in New South Wales, to report to the corresponding registrar, or

(b) a person who—

(i) has been found guilty in a foreign jurisdiction of a Class 1 offence or a Class 2 offence, and

(ii) has been required, as a consequence of having been found guilty of the offence, to report in that jurisdiction information about the person to a person or body exercising functions substantially similar to the functions of the Commissioner of Police under this Act, and

(iii) would, if still in that jurisdiction, be required to report the person’s information.

(2) Subject to the regulations, a person is a corresponding registrable person under subsection (1) even if the offence in relation to which the person is required to report in the foreign jurisdiction is not a registrable offence under this Act.

(3) The regulations may exclude a person or class of persons from being a corresponding registrable person.

s 3L: Ins 2024 No 62, Sch 1[18].

Corresponding registrable persons to report to Commissioner of Police

3M Corresponding registrable persons to report to Commissioner of Police

(1) This section applies to a corresponding registrable person in New South Wales if the person has not given a personal information report to the Commissioner of Police within the previous 12 months.

(2) The corresponding registrable person must give the Commissioner of Police a report that includes the following—

(a) the person’s name and contact details,

(b) the foreign jurisdictions in which the person would be required to report to a corresponding registrar if the person were in that jurisdiction,

(c) the reason for the person’s visit to New South Wales,

(d) the amount of time the person is proposing to stay in New South Wales,

(e) where the person will be staying in New South Wales,

(f) where the person will be travelling to in New South Wales,

(g) details of carriage services, including phone numbers, used, or intended to be used, by the person during the visit,

(h) details of expected contact with children during the visit,

(i) the make, model, colour and registration number of all relevant vehicles or other transport to be used by the person during the visit,

(j) information prescribed by the regulations.

Note—

Failing to give a report under this section is an offence under section 17. Providing false or misleading information in a report under this section is an offence under section 18.

(3) The report must be given—

(a) within 5 days after the corresponding registrable person arrives in New South Wales, not counting days when the corresponding registrable person is in government custody, and

(b) before the person leaves New South Wales.

(4) This section does not apply to—

(a) a person who—

(i) resides outside of New South Wales in an area prescribed by the regulations, and

(ii) does not stay in New South Wales for more than 24 hours, or

(b) a person prescribed by the regulations.

s 3M: Ins 2024 No 62, Sch 1[18].

Notice to corresponding registrable person of reporting obligations

3N Notice to corresponding registrable person of reporting obligations

(1) This section applies to a person (a relevant person) who—

(a) the Commissioner of Police reasonably suspects has become a corresponding registrable person while in New South Wales, or

(b) is a corresponding registrable person who has not previously been given notice of the person’s reporting obligations in New South Wales and who—

(i) notifies the Commissioner of Police that the person proposes to stay in New South Wales for longer than the prescribed period, or

(ii) the Commissioner of Police reasonably suspects proposes to stay in New South Wales for longer than the prescribed period.

(2) The Commissioner of Police must cause written notice of the following to be given to the relevant person—

(a) the person’s reporting obligations, including the person’s reporting period,

(b) the consequences of failing to comply with the person’s reporting obligations.

(3) The notice must be given as soon as practicable after the Commissioner of Police becomes aware the person is a relevant person.

(4) The regulations may prescribe—

(a) the form of the notice, and

(b) the way in which the notice must be given.

(5) A relevant person must comply with the person’s reporting obligations under this Act until the later of—

(a) the expiry of the person’s reporting period in relation to all corresponding registrars to whom the person has reporting obligations, or

(b) the expiry of the reporting period that would have applied to the person under this Act if the person had been sentenced by a court in New South Wales.

(6) This section does not apply to a corresponding registrable person if the person—

(a) is a resident of New South Wales, and

(b) has given a personal information report to the Commissioner of Police within the previous 12 months.

(7) In this section—

prescribed period, in relation to a corresponding registrable person, means a period of 14 days, not counting days when the corresponding registrable person is in government custody.

s 3N: Ins 2024 No 62, Sch 1[18].

Part 3

Reporting obligations

Part 3 Reporting obligations

pt 3, hdg (previously Part 2, heading): Subst 2004 No 85, Sch 1 [16].

4

4, 4A (Repealed)

Notices to be given when registrable person commences supervised sentence for registrable offence

5 Notices to be given when registrable person commences supervised sentence for registrable offence

(1) As soon as practicable after a registrable person commences a supervised sentence for a registrable offence, the supervising authority for the person is to give written notice to the person of—

(a) the person’s reporting obligations, and

(a1) the person’s reporting period, and

(b) the consequences that may arise if the person fails to comply with those obligations.

(2) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

(3) (Repealed)

s 5: Am 2001 No 50, Sch 1 [9]; 2004 No 85, Sch 1 [17]; 2008 No 79, Sch 3.1; 2010 No 48, Sch 5.1 [4]; 2014 No 54, Sch 1 [20]; 2024 No 62, Sch 1[20].

Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority

6 Notices to be given when registrable person ceases to be in custody or under supervision of supervising authority

(1) As soon as practicable before or after a registrable person—

(a) ceases to be in strict government custody, or

(b) ceases to be in government custody, or

(c) ceases to be subject to a supervised sentence, or

(d) ceases to participate in the Pre-Trial Diversion of Offenders Program under the Pre-Trial Diversion of Offenders Act 1985, or

(e) ceases to be subject to a condition of parole requiring the person to be subject to supervision, or

(f) ceases to be an existing licensee, or

(g) becomes subject to an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis,

whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice of that fact to the Commissioner of Police.

(2) As soon as practicable before or after a registrable person who has been in government custody for 14 or more consecutive days ceases to be in government custody, whether in respect of a registrable offence or otherwise, the supervising authority for the person is to give written notice to the person of—

(a) the person’s reporting obligations, and

(b) the consequences that may arise if the person fails to comply with those obligations.

(3) Notice is not required to be given under subsection (2) if the person ceases to be in government custody because of an order under section 94 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that allows the person to be absent from a mental health facility, correctional centre or other place on a regular and unsupervised basis.

(4) The regulations may make provision for or with respect to the following—

(a) what constitutes absence on a regular and unsupervised basis,

(b) the manner and form in which written notice must be given under this section.

s 6: Am 2001 No 50, Sch 1 [10] [11]; 2004 No 85, Sch 1 [18]–[20]; 2014 No 54, Sch 1 [21]–[23]; 2020 No 12, Sch 3.3[8].

Notices may be given by Commissioner of Police

7 Notices may be given by Commissioner of Police

(1) The Commissioner of Police may, at any time, cause written notice of the following to be given to a registrable person—

(a) the person’s reporting obligations,

(b) the consequences of failing to comply with the person’s reporting obligations.

(2) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

s 7: Am 2024 No 62, Sch 1[21].

Notices to be given to registrable persons who enter New South Wales

7A Notices to be given to registrable persons who enter New South Wales

(1) This section applies to a registrable person who enters New South Wales if the person has not previously been given notice of the person’s reporting obligations in New South Wales.

(2) The Commissioner of Police must, as soon as practicable after the registrable person becomes a person to whom this section applies, cause written notice of the following to be given to the registrable person—

(a) the person’s reporting obligations,

(b) the consequences of failing to comply with the person’s reporting obligations.

(3) The regulations may make provision about the form and way in which written notice must be given under subsection (2).

s 7A: Ins 2004 No 85, Sch 1 [21]. Subst 2024 No 62, Sch 1[22].

Notice to be given when reporting obligations change

7B Notice to be given when reporting obligations change

(1) This section applies to a registrable person whose reporting obligations have changed since the person was last notified of them in New South Wales.

(2) The Commissioner of Police must cause written notice of the following to be given to the registrable person—

(a) the person’s reporting obligations,

(b) the consequences of failing to comply with the person’s reporting obligations.

(2A) Notice under this section must be given—

(a) as soon as practicable after the change in the registrable person’s reporting obligations occurs, and

(b) before the person is required to make the person’s next report under this Act.

(3) The regulations may make provision for or with respect to the manner and form in which written notice must be given under this section.

s 7B: Ins 2004 No 85, Sch 1 [21]. Am 2024 No 62, Sch 1[23].

Power of detention to enable notice to be given

7C Power of detention to enable notice to be given

(1) A police officer may exercise a power of detention under this section only if—

(a) there are reasonable grounds to suspect that a person is a registrable person and that the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations, and

(b) all other reasonably appropriate means of determining whether the person is a registrable person, or of notifying the person of reporting obligations, as the case requires, have been taken.

(2) A police officer may detain the person if it is reasonably necessary to do so—

(a) to enable a determination as to whether or not the person is a registrable person or, if the person is a registrable person, as to whether or not the person has been given notice, or is aware, of the person’s reporting obligations, or

(b) to enable the person to be given notice of those obligations if the person is not aware of them.

(3) In detaining the person, the police officer must tell the person—

(a) why the person is being detained, and

(b) that the detention is authorised under this Act, and

(c) that the person will be released immediately after the purpose of the detention is fulfilled.

(4) The detained person—

(a) must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled, and

(b) must not be held merely because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations, and

(c) must be released immediately after the purpose of the detention is fulfilled.

s 7C: Ins 2004 No 85, Sch 1 [21].

Failure to comply with procedural requirements does not affect registrable person’s obligations

8 Failure to comply with procedural requirements does not affect registrable person’s obligations

A failure to comply with the requirements of this Division does not affect a registrable person’s reporting obligations.

9

9 (Repealed)

When initial report must be made

9A When initial report must be made

(1) A registrable person of a kind referred to in Column 1 of the Table to this subsection must give the Commissioner of Police a personal information report about the person within the period specified in relation to the person in Column 2 of the Table.

Table

| Column 1 | Column 2 | | Registrable person | Period for initial report | | A registrable person (other than a corresponding registrable person) who enters government custody in New South Wales before, on or after the commencement of this section as a consequence of having being sentenced for a registrable offence and who ceases to be in government custody while in New South Wales | Within 5 days after the registrable person ceases to be in government custody | | Any other registrable person who is sentenced for a registrable offence in New South Wales | Within 5 days after the registrable person is sentenced for the registrable offence | | A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to give the Commissioner of Police a personal information report about the person | Within 5 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody |

(2) Despite subsection (1), a registrable person must give the Commissioner of Police a personal information report about the person before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.

(3) A corresponding registrable person is not required to give the Commissioner of Police a personal information report if the person—

(a) does not remain in New South Wales for longer than 14 days, and

(b) gives the Commissioner of Police a report under section 3M, and

(c) is not given written notice by the Commissioner of Police under section 3N.

s 9A: Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [15]; 2014 No 54, Sch 1 [29]; 2024 No 62, Sch 1[25]–[28].

When new initial report must be made by person whose previous reporting obligations have ceased

9B When new initial report must be made by person whose previous reporting obligations have ceased

(1) If a registrable person’s reporting period expires but the person is then sentenced for a registrable offence, the person must give the Commissioner of Police a personal information report about the person—

(a) within 7 days after the person is sentenced for the registrable offence, or

(b) if the registrable person is in government custody, within 7 days after the person ceases to be in government custody,

whichever is the later.

(2) (Repealed)

(3) If a registrable person’s reporting obligations are suspended by an order under section 16 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 16A (or an equivalent provision of the laws of a foreign jurisdiction), the person must give the Commissioner of Police a personal information report about the person—

(a) within 7 days after the order ceases to have effect, or

(b) if the person is in government custody, within 7 days after the person ceases to be in government custody,

whichever is the later.

(4) If a registrable person is not in New South Wales at the time the person would be required under subsection (1) or (3) to give the Commissioner of Police a personal information report about the person, the person must give the report within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.

(5) Despite subsections (1) and (3), a registrable person must give the Commissioner of Police a personal information report about the person before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.

s 9B: Ins 2004 No 85, Sch 1 [22]. Am 2009 No 27, Sch 1.1 [1] [2]; 2014 No 54, Sch 1 [30]; 2024 No 62, Sch 1[25] [29] [30].

Persons required to report under corresponding Act

9C Persons required to report under corresponding Act

(1) This section applies to a person (other than one to whom Division 5 applies) who has been required to report to a corresponding registrar, irrespective of whether the person is a registrable person for the purposes of this Act.

(2) Unless the person has previously complied with the obligation imposed by this section, the person must, within 5 days after entering and remaining in New South Wales, contact (by telephone or another prescribed means) a person nominated by the Commissioner of Police for the purposes of this section.

(3) The contacted nominated person must advise the person whether the person is a registrable person for the purposes of this Act and of any reporting obligations that the person has under this Act.

(4) A person is not guilty of an offence against section 17 because of a failure to comply with the reporting obligations imposed by subsection (2) if the person—

(a) is not a registrable person for the purposes of this Act, or

(b) has not been notified of that reporting obligation, or

(c) does not remain in New South Wales for 14 or more consecutive days, not counting any days spent in government custody, or

(d) gives the Commissioner of Police a personal information report in accordance with section 9A, or

(e) gives the Commissioner of Police a report in accordance with section 3M.

s 9C: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[31] [32].

Registrable person must report annually

10 Registrable person must report annually

(1) A registrable person must give the Commissioner of Police a personal information report about the person each year during the reporting month for the person.

(2) The personal information report must be given under this section each year during the reporting month, regardless of whether the person has given another report under this Act.

(3) If the registrable person has been in government custody since the person last gave the Commissioner of Police a personal information report under this section, the report must include details of when and where the government custody occurred.

(4) In this section—

reporting month, for a registrable person, means—

(a) the calendar month in which the person first gave the Commissioner of Police a personal information report under this Act, or

(b) if the registrable person’s reporting period expires, but the person is then required to give the Commissioner a personal information report under section 9A—the calendar month in which the person first gave the Commissioner of Police a personal information report for the current reporting period.

s 10: Am 2000 No 93, Sch 1.2. Subst 2004 No 85, Sch 1 [22]; 2024 No 62, Sch 1[33].

10A

Registrable person must report changes in relevant personal information

10A Registrable person must report changes in relevant personal information

(1) During a registrable person’s reporting period, the registrable person must notify the Commissioner of Police of a change in the registrable person’s relevant personal information—

(a) if the change occurs when the registrable person is in New South Wales and not in government custody—

(i) for information referred to in Schedule 1C, clause 9—within 24 hours after the change occurs, or

(ii) otherwise—within 5 days after the change occurs, or

(b) if the change occurs when the registrable person is in government custody in New South Wales—within 5 days after the registrable person ceases to be in government custody, or

(c) if the change occurs when the registrable person is not in New South Wales—within 5 days after the registrable person enters New South Wales.

(2) A change in a registrable person’s relevant personal information includes if relevant personal information previously included in a personal information report no longer applies to the registrable person.

(3) To avoid doubt, a change in a registrable person’s relevant personal information includes the following—

(a) starting or ceasing to reside at particular premises,

(b) starting or ceasing work,

(c) acquiring or disposing of a relevant vehicle or other transport,

(d) starting or ceasing to use a telephone number, carriage service or internet service provider,

(e) a child starting or ceasing to reside with the registrable person.

s 10A: Ins 2024 No 62, Sch 1[33].

Contact with children must be reported

11 Contact with children must be reported

(1) This section applies if a registrable person has contact with a child that involves the registrable person—

(a) supervising or caring for the child, or

(b) visiting or staying at a household where the child is present, or

(c) exchanging contact details with the child, including giving the person’s contact details to the child, or

(d) attempting to befriend the child, or

(e) attempting to establish contact or further contact with the child.

(2) Within 24 hours after the registrable person has the contact with the child, the registrable person must give the Commissioner of Police a report that includes the following information, to the extent it is known by the registrable person—

(a) the child’s name,

(b) the child’s date of birth,

(c) the child’s address or other means of contacting the child.

(3) A registrable person is not required to give the Commissioner of Police a report under this section if—

(a) the child resides with the registrable person, and

(b) the registrable person has previously reported to the Commissioner of Police that the child resides with the registrable person.

Note—

See Schedule 1C, clause 9(2) for the circumstances in which a child is taken to reside with a person.

(4) In this section—

contact or further contact, with a child, includes the following—

(a) physical contact with the child, including by touching the child or being in very close physical proximity to the child,

(b) oral communication with the child, including communication taking place in person or by telephone or electronic means,

(c) written communication with the child, including communication taking place by mail, telephone or electronic means.

s 11: Subst 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [16] [17]; 2009 No 93, Sch 1 [2]; 2014 No 54, Sch 1 [31]–[33]. Subst 2024 No 62, Sch 1[33].

11A

Intended absence from New South Wales to be reported

11A Intended absence from New South Wales to be reported

(1) This section applies if a registrable person—

(a) intends to leave New South Wales for 14 or more consecutive days to travel elsewhere in Australia, or

(b) intends to leave New South Wales to travel out of Australia.

(2) At least 7 days before leaving New South Wales, the registrable person must report the intended travel to the Commissioner of Police and must provide details of—

(a) each State, Territory or country to which the person intends to go while out of New South Wales, and

(b) the approximate dates during which the person intends to be in each of those States, Territories or countries, and

(c) each address or location within each State, Territory or country at which the person intends to reside (to the extent that they are known) and the approximate dates during which the person intends to reside at those addresses or locations, and

(d) if the person intends to return to New South Wales, the approximate date on which the person intends to return, and

(e) if the person does not intend to return to New South Wales, a statement of that intention.

(3) If circumstances arise making it impracticable for a registrable person to make the report 7 days before the person leaves, it is sufficient compliance with subsection (2) if the registrable person reports the required information to the Commissioner of Police at least 24 hours before the intended travel.

s 11A: Ins 2004 No 85, Sch 1 [22].

11B

Change of travel plans while out of New South Wales to be reported

11B Change of travel plans while out of New South Wales to be reported

(1) This section applies if a registrable person who is out of New South Wales decides—

(a) to extend a stay elsewhere in Australia beyond 13 days, or

(b) to change any details given to the Commissioner of Police under section 11A.

(2) As soon as is practicable after making the decision, the registrable person must—

(a) if subsection (1) (a) applies, report the details required by section 11A (2) to the Commissioner of Police (including those details as they relate to the travel that has already been completed), or

(b) if subsection (1) (b) applies, report the changed details to the Commissioner of Police.

(3) The registrable person must make the report—

(a) by facsimile or email sent to the Commissioner of Police or to any other address permitted by the regulations, or

(b) in any other manner permitted by the regulations.

s 11B: Ins 2004 No 85, Sch 1 [22].

11C

Registrable person to report return to New South Wales or decision not to leave

11C Registrable person to report return to New South Wales or decision not to leave

(1) This section applies if a registrable person was required to report that the person intended to leave New South Wales under section 11A.

(2) If the registrable person left New South Wales, the person must report the person’s return to New South Wales to the Commissioner of Police within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.

(3) If the registrable person decides not to leave New South Wales, the person must report the change of intention to the Commissioner of Police within 7 days of deciding not to leave.

s 11C: Ins 2004 No 85, Sch 1 [22]. Am 2014 No 54, Sch 1 [34].

11D

Report of other absences from New South Wales

11D Report of other absences from New South Wales

(1) This section applies if a registrable person, at the time of making a report under this Division, leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a calendar month (irrespective of the length of any such absence).

(2) The registrable person must report the following details to the Commissioner of Police—

(a) in general terms, the reason for travelling,

(b) in general terms, the frequency and destinations of the travel.

s 11D: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[34].

11E

Information concerning international travel to be given to the Australian Federal Police

11E Information concerning international travel to be given to the Australian Federal Police

As soon as practicable after receiving a report under this Division concerning a registrable person’s intentions in relation to travel out of Australia, the Commissioner of Police must ensure that a copy of the report is given to the Commissioner of the Australian Federal Police.

s 11E: Ins 2004 No 85, Sch 1 [22].

11F

Intended change of place where registrable person generally resides

11F Intended change of place where registrable person generally resides

(1) This section applies if a registrable person intends to change the place where the registrable person generally resides.

Note.

This section imposes an additional reporting requirement with respect to residence to that imposed under section 10A, which requires a registrable person to report actual (as opposed to intended) changes in the place where the person generally resides.

(2) At least 14 days before changing the place, the registrable person must report the intended change to the Commissioner of Police and must provide details of—

(a) the address where the person proposes to generally reside, or

(b) if the person does not intend to reside at particular premises—the name of the locality of the place where the person intends to generally reside.

(3) If a change in the place at which a person generally resides occurs because of an emergency or other exceptional circumstances arise making it impracticable for the registrable person to report the intended change, it is sufficient compliance with subsection (2) if the registrable person—

(a) reports the required information to the Commissioner of Police as soon as practicable (but not more than 3 days) after the change occurs, and

(b) provides satisfactory evidence of the circumstances which made it impracticable to report the required information sooner to the Commissioner of Police.

(4) A registrable person who reports an intended change of place under this section and who subsequently changes the place where he or she generally resides to the place detailed in the report is not required to comply with the reporting obligations imposed by section 10A with respect to that change of place.

(5) A registrable person who reports an intended change and does not make the change within 14 days after it is reported must report this fact to the Commissioner of Police within 3 days after the end of that 14-day period.

s 11F: Ins 2009 No 93, Sch 1 [3]. Am 2024 No 62, Sch 1[35] [36].

11G

Approval of travel outside Australia

11G Approval of travel outside Australia

(1) A registrable person may apply to the Commissioner of Police for approval under the Criminal Code of the Commonwealth, section 271A.1(3) to travel outside Australia.

(2) An application must be made in the way determined by the Commissioner of Police.

(3) The Commissioner of Police may determine an application by—

(a) granting the application and giving written approval, or

(b) refusing the application.

(4) If the Commissioner of Police refuses an application, the Commissioner must give the registrable person written notice of the refusal, including the reasons for the refusal.

s 11G: Ins 2024 No 62, Sch 1[37].

Division 4

Provisions applying to all reporting obligations

Division 4 Provisions applying to all reporting obligations

pt 3, div 4, hdg: Ins 2004 No 85, Sch 1 [22].

Where report is to be made

12 Where report is to be made

(1) A report under this Part is to be made—

(a) at any police station in the locality in which the registrable person is currently residing (subject to subsection (2)), or

(b) if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed, or

(c) at some other place approved (either generally or in a particular case) by the Commissioner of Police.

(2) If a police station in the locality in which a registrable person is currently residing is a restricted police station, the registrable person—

(a) with the consent of the Commissioner of Police, may make the report at that station, and

(b) may make the report at the next nearest police station that is not a restricted police station.

(3) For the purposes of subsection (2), a restricted police station is a police station that is a police station, or that falls within a class of police station, that the regulations state is not to be used as a venue for the purposes of this section without the consent of the Commissioner of Police.

(4) This section does not apply if, under section 12A (2), a report is permitted to be made in a way that is inconsistent with this section.

s 12: Am 2001 No 50, Sch 1 [12] [13]; 2002 No 98, Sch 1 [4]–[6]. Subst 2004 No 85, Sch 1 [22].

12A

How reports to be made

12A How reports to be made

(1) A registrable person must make the following reports under this Part in person—

(a) an initial personal information report required by Division 2,

(b) an annual personal information report required by section 10,

(c) a report of a change of address of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, of the localities in which the person can generally be found,

(d) a report of the acquisition of, removal of, or change to, any tattoo or distinguishing mark.

(2) A registrable person may make any other report that the person is required to make in person or in any other way permitted by the regulations or by the Commissioner of Police, either generally or in a particular case.

(3) Only a police officer may receive a report made in person and only a police officer or a person approved for the purpose by the Commissioner of Police may receive a report made in another way in accordance with subsection (2).

(4) If a registrable person attending in person is a child, or has a disability that renders it impracticable for the person to make a report, any parent, guardian, carer or other person nominated by the person who is accompanying the registrable person may make the report on the registrable person’s behalf.

(5) Similarly, if a registrable person who is permitted to make a report other than in person in accordance with subsection (2) is a child, or has a disability that renders it impracticable for the person to make the report himself or herself, a parent, guardian, carer or other person nominated by the registrable person may make the report on the registrable person’s behalf.

s 12A: Ins 2004 No 85, Sch 1 [22]. Am 2024 No 62, Sch 1[38].

12B

Right to privacy and support when reporting

12B Right to privacy and support when reporting

(1) A person making a report under this Part at a police station or other place approved by the Commissioner of Police—

(a) is entitled to make the report out of the hearing of members of the public, and

(b) is entitled to be accompanied by a support person of the person’s choosing.

(2) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.

(3) A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.

s 12B: Ins 2004 No 85, Sch 1 [22].

12C

Receipt of information to be acknowledged

12C Receipt of information to be acknowledged

(1) As soon as is practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.

(2) The acknowledgment must be in writing, must be given to the person who made the report and must include—

(a) the name and signature of the police officer or other person who received the report, and

(b) the date and time when, and the place where, the report was received, and

(c) a copy of the information that was reported, and

(d) a copy of the record of any agreement made under subsection (4).

(3) If a report is not made in person, the police officer or other person who received the report must, as soon as practicable—

(a) give the person making the report a unique reference number, and

(b) record that number on the relevant registrable person’s file and on the acknowledgment.

(4) The Commissioner of Police may make an agreement with the registrable person as to the manner in which any reference number or acknowledgment required to be given by this section may be given.

(5) The Commissioner of Police must ensure—

(a) that there is a method of recording an agreement made under subsection (4), and

(b) that, except with the written consent of the registrable person, any reference number or acknowledgment required to be given by this section is given in accordance with the agreement while the agreement remains in force.

(6) The Commissioner of Police must ensure that a copy of every acknowledgment is retained.

s 12C: Ins 2004 No 85, Sch 1 [22].

12D

Additional matters to be provided

12D Additional matters to be provided

(1) If a report is required to be made in person, the person making the report must also present for inspection—

(a) 2 identification documents relating to the registrable person, and

(b) if the person making the report is accompanying the registrable person and making the report on the registrable person’s behalf, 2 identification documents relating to the person making the report, and

(c) in any case, any other form of identification specified by the regulations for the purposes of this subsection.

(1A) If a registrable person holds a driver licence or a current passport (whether a current Australian passport or current overseas passport), the identification documents presented must include the driver licence, passport or passports (and, if the registrable person holds both a driver licence and a current passport or passports, must include all those identification documents).

(1B) If a person accompanying a registrable person and making a report on his or her behalf holds a driver licence, the identification documents presented must include the driver licence.

(2) Each of the following original documents is an identification document for the purposes of this section—

(a) a full birth certificate,

(a1) a driver licence,

(b) an Australian passport that is current or has been expired for less than 2 years,

(c) a current overseas passport,

(d) an Australian naturalisation or citizenship document, or immigration papers issued by the Commonwealth Department of Immigration and Multicultural Affairs,

(e) a current Medicare card, pensioner concession card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the Commonwealth or a State Government,

(f) a current credit card or account from a bank, building society or credit union, or a passbook or statement of account up to one year old,

(g) a telephone, gas or electricity bill up to one year old,

(h) a notice of council rates, water service charges or land valuation up to 2 years old,

(i) an electoral enrolment card or other evidence of enrolment as an elector up to 2 years old,

(j) a current student identity card, or a certificate or statement of enrolment up to 2 years old from an educational institution.

(3) The police officer receiving the report may waive the requirements of subsection (1) (a) and (c) if—

(a) the registrable person permits his or her fingerprints to be taken immediately before or after the report is made, or

(b) the police officer is otherwise satisfied as to the registrable person’s identity.

(4) The police officer receiving the report may waive the requirements of subsection (1) (b) and (c) if the police officer is otherwise satisfied as to the person’s identity.

(5) The police officer receiving a report may copy any document presented to the officer for inspection under subsection (1) (a) or (b).

(6) If a report is made otherwise than in person, the regulations may specify—

(a) the circumstances in which—

(i) information concerning the identity of the registrable person and the identity of the person making the report, and

(ii) a document verifying or supporting details in the report,

are required, and

(b) the manner in which that information is to be provided,

but may not require an original document to be provided.

(7) In this section—

Australian passport includes a document of identity issued by the Australian Passport Office.

driver licence means a New South Wales driver licence, or any other licence issued under a law in force in a foreign jurisdiction authorising the holder to drive a motor vehicle, containing photo identification of the holder of the licence.

s 12D: Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [18]–[22].

12E

Power to take fingerprints

12E Power to take fingerprints

A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by the police officer, the fingerprints of the registrable person if—

(a) not reasonably satisfied as to the identity of the registrable person after the officer has examined all of the material relating to identity provided or presented to the officer by, or on behalf of, the registrable person, or

(b) there are no fingerprints of the person held by the NSW Police Force, or

(c) if a person permits the person’s fingerprints to be taken under section 12D.

s 12E: Ins 2004 No 85, Sch 1 [22]. Am 2006 No 94, Sch 3.4 [1].

12F

Power to take photographs

12F Power to take photographs

(1) A police officer receiving a report made in person under this Part may require the registrable person—

(a) to be photographed, or

(b) to expose any part of the person’s body to enable that part of the body to be photographed by the officer or another person authorised by the officer.

(2) A police officer cannot, under this section, require a registrable person to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.

s 12F: Ins 2004 No 85, Sch 1 [22].

12G

Information to be given before obtaining fingerprints or photographs

12G Information to be given before obtaining fingerprints or photographs

Before attempting to exercise a power under section 12E or 12F, the police officer must inform the registrable person in language likely to be understood by the person—

(a) of the purpose for which the power is to be exercised and, in the case of section 12E (a), why the officer is not satisfied as to the registrable person’s identity, and

(b) that if the person refuses to give the person’s fingerprints, or to expose part of the person’s body (as the case may be) voluntarily, reasonable force may be used, and

(c) that the fingerprints or photographs will be retained by the Commissioner of Police.

s 12G: Ins 2004 No 85, Sch 1 [22].

12H

Retention of documents, fingerprints and photographs

12H Retention of documents, fingerprints and photographs

(1) The Commissioner of Police may retain and use for identification, law enforcement or child protection purposes any of the following taken under this Division from a person—

(a) copies of any documents,

(b) any fingerprints,

(c) any photographs.

(2) A person having possession of documents, fingerprints or photographs provided under this Division must not use them otherwise than for a purpose permitted by this Division.

Maximum penalty—20 penalty units.

(3) Despite any other law, a person having possession of the fingerprints of a registrable person provided under, or used for the purposes of, this Division is not required to destroy those fingerprints before the registrable person ceases to have reporting obligations.

Note.

Part 7B of the Crimes (Forensic Procedures) Act 2000 provides for the carrying out of certain other forensic procedures (including carrying out of buccal swabs and taking samples of hair other than pubic hair) on persons required to comply with the reporting obligations under this Act.

s 12H: Ins 2004 No 85, Sch 1 [22]. Am 2007 No 87, Sch 1 [23].

12I

Reporting by remote offenders

12I Reporting by remote offenders

(1) This section applies if a registrable person resides more than 100 kilometres from the nearest police station that is not a restricted police station.

(2) A registrable person need not comply with a time limit concerning the making of a report in person under this Part if—

(a) the person, or another person entitled to make the report on the person’s behalf, contacts the Commissioner of Police before the time limit expires, and

(b) the Commissioner of Police agrees to allow the report to be made at a specific time that is after the time limit and at a specific place, and

(c) before the time limit expires the person provides the Commissioner of Police by telephone or other means with the information required to be reported under this Part.

(3) The Commissioner of Police must ensure that there is a method of recording all agreements made under this section.

(4) Without limiting subsection (3), the recording method adopted must result in the creation of a written record—

(a) that is identified by a unique reference number, and

(b) that identifies when and where each agreement was made, and

(c) that identifies the person who enters into any agreement, and

(d) that contains the terms of any agreement.

(5) If an agreement is made under this section, the Commissioner of Police must ensure that the registrable person is provided with the reference number required by subsection (4) (a).

(6) The Commissioner of Police must ensure that there is a method of recording all information provided under subsection (2).

s 12I: Ins 2004 No 85, Sch 1 [22].

Division 5

Modified reporting procedures for protected witnesses

Division 5 Modified reporting procedures for protected witnesses

pt 3, div 5, hdg: Ins 2004 No 85, Sch 1 [23].

Modified reporting procedures for protected witnesses

13 Modified reporting procedures for protected witnesses

(1) This section applies to each of the following persons—

(a) any registrable person who is currently a participant in a witness protection program,

(b) any registrable person who has been a participant in a witness protection program but in respect of whom an order under this section is yet to be made,

(c) any registrable person the subject of an order in force under this section declaring that the person is a person to whom this section applies.

(1A) This section (except subsections (3)–(10)) also applies to a registrable person who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.

(2) It is sufficient compliance with the requirements of this Part—

(a) if a person to whom this section applies provides information required by the Commissioner of Police, at the times and in the manner authorised by the Commissioner of Police for the purposes of this section, and

(b) if the acknowledgment of the giving of the information is given in a manner approved by the Commissioner of Police, and

(c) if copies of relevant documents, rather than original documents, are provided.

(3) The Commissioner of Police must make an order declaring that a registrable person who is or has been a participant in a witness protection program either is, or is not, a person to whom this section applies—

(a) when the person ceases to be a participant in the program as a consequence of a request under section 11 (1) of the Witness Protection Act 1995, or

(b) when the Commissioner makes a decision under section 11 (2) of the Witness Protection Act 1995 that the protection and assistance given to the person under the program be terminated.

(4) On making such an order, the Commissioner of Police must take reasonable steps to notify the person concerned of the terms of the order.

(5) A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner of Police for a review of the decision.

(6) On receiving an application referred to in subsection (5), the Commissioner of Police—

(a) must review the order, and confirm or reverse it, and

(b) before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case, and

(c) after making a decision on the matter, must given written notice of the decision to the applicant.

(7) If the decision of the Commissioner of Police is to confirm the order, the notice referred to in subsection (6) (c) must inform the applicant of the applicant’s rights under subsection (8).

(8) A person who is aggrieved by a decision of the Commissioner of Police in relation to an order under this section may appeal to the Law Enforcement Conduct Commission against the decision within 3 days after receiving notice of the decision.

(9) The Law Enforcement Conduct Commission’s decision in respect of the appeal has effect according to its terms.

(9A) An order declaring that this section applies to a registrable person takes effect immediately.

(10) An order declaring that this section does not apply to a registrable person takes effect—

(a) at the end of 14 days after notice is given to the person concerned as referred to in subsection (4), or

(b) if an application referred to in subsection (5) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in subsection (6) (c), or

(c) if an appeal referred to in subsection (8) is made before the end of that period, on the date on which the Law Enforcement Conduct Commission determines the appeal.

(11) (Repealed)

s 13: Am 2004 No 85, Sch 1 [24]–[28]; 2024 No 62, Sch 1[39] [40].

13A

Modification of ongoing reporting obligations

13A Modification of ongoing reporting obligations

Sections 2B(1), definition of relevant personal information, 11–11D and 18A apply with respect to a person to whom section 13 applies as if any reference in them to New South Wales were a reference to the jurisdiction in which the person generally resides.

s 13A: Ins 2004 No 85, Sch 1 [29]. Am 2024 No 62, Sch 1[41].

Division 6

Reporting period

Division 6 Reporting period

pt 3, div 6, hdg: Ins 2004 No 85, Sch 1 [30].

When reporting obligations begin

14 When reporting obligations begin

For the purposes of this Act, a registrable person’s reporting obligations in respect of a registrable offence begin—

(a) when the person is sentenced for the offence, or

(b) when the person ceases to be in government custody in relation to the offence,

whichever is the later.

s 14: Am 2001 No 50, Sch 1 [14] [15]. Subst 2004 No 85, Sch 1 [30].

14AA

Reporting period specified in relevant order

14AA Reporting period specified in relevant order

(1) If a relevant order made in relation to a registrable person specifies a reporting period, the registrable person must continue to comply with the reporting obligations imposed under this Act for the specified reporting period.

(2) In this section—

relevant order, for a registrable person, means—

(a) a registrable person order or child protection registration order made in relation to the person, or

(b) if more than 1 order under paragraph (a) relates to the person—the most recent order.

s 14AA: Ins 2024 No 62, Sch 1[42].

14A

Reporting period not specified in relevant order

14A Reporting period not specified in relevant order

(1A) This section applies to a registrable person with reporting obligations imposed under this Act to whom section 14AA does not apply.

(1) The registrable person must continue to comply with the reporting obligations imposed by this Part for—

(a) 8 years, if the person has only ever been found guilty of a single Class 2 offence, or

(b) 15 years, if the person—

(i) has only ever been found guilty of a single Class 1 offence, or

(ii) has ever been found guilty of more than a single registrable offence but is not covered by paragraph (c), or

(c) the remainder of the person’s life, if the person is a registrable person in respect of—

(i) a Class 1 offence and the person subsequently commits and is found guilty of another registrable offence, or

(ii) a Class 2 offence and the person subsequently commits and is found guilty of a Class 1 offence, or

(iii) a Class 2 offence and the person subsequently commits and is found guilty of another Class 2 offence and has ever been found guilty of 3 or more Class 2 offences.

Note.

A life-long reporting obligation may be suspended under Division 7.

(2) Subsection (1) (c) does not apply if the registrable person was not given notice of the person’s reporting obligations under this Act or a corresponding Act before the person committed the subsequent offence.

(3) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection.

(4) For the purposes of this section—

(a) 2 or more offences arising from the same incident are to be treated as a single offence, and

(b) 2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence.

s 14A: Ins 2004 No 85, Sch 1 [30]. Am 2024 No 62, Sch 1[43]–[45].

14B

Reduced period applies for young registrable persons

14B Reduced period applies for young registrable persons

(1) The reporting periods specified in section 14A do not apply to a person who was a child at the time at which the person committed each registrable offence.

(2) Instead, a reporting period that is half the reporting period that would otherwise apply to the person under section 14A (or seven and a half years in the case of a reporting period for life) applies to the person.

s 14B: Ins 2004 No 85, Sch 1 [30].

14C

Extended reporting period if registrable person still on parole

14C Extended reporting period if registrable person still on parole

(1) This section applies if—

(a) a registrable person is on parole, or is an existing licensee, in respect of a registrable offence, and

(b) the reporting period in respect of the offence will end before the expiry of the sentence of imprisonment to which the parole or licence relates.

(2) Despite anything to the contrary in this Division, the reporting period is extended until the expiry of the term of imprisonment to which the parole or existing licence relates.

s 14C: Ins 2004 No 85, Sch 1 [30].

14D

14D (Repealed)

Division 7

Suspension and extension of reporting obligations

Division 7 Suspension and extension of reporting obligations

pt 3, div 7, hdg: Ins 2004 No 85, Sch 1 [31].

Suspension and extension of reporting obligations

15 Suspension and extension of reporting obligations

(1) A registrable person’s reporting obligations are suspended for any period during which—

(a) the person is in government custody, or

(b) the person is outside New South Wales unless the person is a person to whom Division 5 applies or the obligation is under section 11B, or

(c) the person is the subject of an order in force under section 16 (or an equivalent order in a foreign jurisdiction), or

(d) the person is the subject of an interim supervision order or extended supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017.

(2) The period for which a registrable person’s reporting obligations continue is extended by the length of time for which those obligations are suspended from time to time under subsection (1) (a).

(3) The reporting period of a registrable person whose reporting obligations are suspended under subsection (1)(b) is extended by the length of time during the period of suspension that—

(a) the person was—

(i) travelling outside Australia for longer than 28 days, or

(ii) resident outside Australia, and

(b) the person was not required to report under a corresponding Act.

(4) The reporting period of a registrable person is extended by the additional period specified in subsection (5) if the person is in breach of the person’s reporting obligations because the person failed to give the Commissioner of Police a personal information report within 28 days after the day on which the report was due to be given.

(5) The additional period for subsection (4)—

(a) means the period—

(i) starting 28 days after the personal information report was due to be given, and

(ii) ending when the person gives the Commissioner of Police the personal information report, and

(b) excludes any period during which the person’s reporting obligations are suspended.

s 15: Am 2004 No 85, Sch 1 [32]–[34]; 2007 No 87, Sch 1 [25]; 2009 No 93, Sch 1 [4]; 2013 No 4, Sch 2.4; 2014 No 54, Sch 1 [36]; 2017 No 68, Sch 2.4; 2024 No 62, Sch 1[46].

15A

Calculation of extended reporting period

15A Calculation of extended reporting period

(1) If a registrable person’s reporting period is extended under section 15, the Commissioner of Police must—

(a) calculate the person’s extended reporting period, and

(b) cause written notice of the extended reporting period to be given to the person.

(2) The regulations may make provision about the form and way in which written notice must be given under subsection (1)(b).

s 15A: Ins 2024 No 62, Sch 1[47].

NCAT may exempt persons from compliance with reporting obligations

16 NCAT may exempt persons from compliance with reporting obligations

(1) This section applies to a registrable person—

(a) who is required to continue to comply with the reporting obligations imposed under this Act for the remainder of his or her life, or

(b) whose reporting period has been extended under section 15 (3) (whether or not he or she is a person referred to in paragraph (a)).

(2) If (in the case of a registrable person referred to in subsection (1) (a))—

(a) a period of 15 years has passed (ignoring any period during which the registrable person was in government custody) since the person was last sentenced or released from government custody in respect of a registrable offence or a corresponding registrable offence, whichever is the later, and

(b) the person did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of such a period in New South Wales, and

(c) the person is not subject to parole or licence in respect of a registrable offence (whether in New South Wales or a foreign jurisdiction),

the person may apply to the Civil and Administrative Tribunal for an order suspending the person’s reporting obligations.

(3) On the application of a registrable person referred to in subsection (2), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations.

(3A) On the application of a registrable person referred to in subsection (1) (b), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations for the length of time by which the registrable person’s reporting period was extended under section 15 (3).

(4) The Civil and Administrative Tribunal is not to make an order under this section unless it considers that the person the subject of the proposed order does not pose a risk to the safety of children.

(5) In deciding whether to make an order under this section, the Civil and Administrative Tribunal is to take the following matters into account—

(a) the seriousness of the registrable person’s registrable offences and corresponding registrable offences,

(b) the period of time since those offences were committed,

(c) the age of the registrable person, the age of the victims of those offences and the difference in age between the registrable person and the victims of those offences, as at the time those offences were committed,

(d) the registrable person’s present age,

(e) the registrable person’s total criminal record,

(f) any other matter the Tribunal considers appropriate.

(6) As soon as practicable after an application under this section is made, the Civil and Administrative Tribunal must notify—

(a) the Children’s Guardian, and

(b) the Commissioner of Police.

(7) The Children’s Guardian and the Commissioner of Police are—

(a) parties to proceedings for an order arising from the application, and

(b) entitled to make submissions about the making of the order.

(8) (Repealed)

(9) The Civil and Administrative Tribunal may not award costs in respect of proceedings under this section.

(10) A party to proceedings under this section may appeal to the Supreme Court, on a question of law, from any decision of the Civil and Administrative Tribunal in the proceedings.

(11) An applicant in respect of whom the Civil and Administrative Tribunal refuses to make an order under this section is not entitled to make a further application to the Tribunal until 5 years have elapsed from the date of the refusal, unless the Tribunal otherwise orders at the time of the refusal.

(12) In this section, Children’s Guardian means the Children’s Guardian appointed under section 115 of the Children’s Guardian Act 2019.

s 16: Subst 2004 No 85, Sch 1 [35]. Am 2009 No 93, Sch 1 [5]–[8]; 2013 No 31, Sch 3.2 [3]–[6]; 2013 No 95, Sch 2.22; 2019 No 25, Sch 5.5; 2024 No 62, Sch 1[48] [49].

16A

Cessation of order

16A Cessation of order

(1) An order made under section 16 ceases to have effect if, at any time after the making of the order, the registrable person—

(a) is made subject to a child protection registration order or any other order prescribed by the regulations for the purposes of this section, or

(b) is found guilty of a registrable offence, or

(c) becomes a corresponding registrable person who must continue to comply with the reporting obligations imposed under this Act for any period.

(2) An order that ceases to have effect in accordance with subsection (1) is revived if—

(a) the finding of guilt that caused the order to cease to have effect is quashed or set aside by a court, or

(b) the order ceased to have effect in accordance with subsection (1) (a) and the child protection registration order or other order prescribed by the regulations is quashed on appeal or the registrable person’s finding of guilt in respect of the offence that resulted in the making of that order is quashed or set aside by a court.

(3) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt or child protection registration order or other prescribed order referred to in this section.

s 16A: Ins 2004 No 85, Sch 1 [35]. Am 2014 No 54, Sch 1 [37]; 2024 No 62, Sch 1[50].

16B

Application for new order

16B Application for new order

(1) If an order ceases to have effect in accordance with section 16A, the registrable person may apply under section 16 for a new order.

(2) Section 16 (11) does not apply with respect to an application referred to in subsection (1).

(3) If an order ceases to have effect in accordance with section 16A (1) (b) or (c), on an application for a new order, section 16 (2) (a) applies as if the period referred to were a period of 15 years (ignoring any period during which the person was in government custody) since the person last committed a registrable offence or a corresponding registrable offence.

s 16B: Ins 2004 No 85, Sch 1 [35].

Division 7A

Entry by police to residential premises

Division 7A Entry by police to residential premises

pt 3, div 7A: Ins 2013 No 77, Sch 2 [1].

16C

Police officers may enter and inspect residential premises

16C Police officers may enter and inspect residential premises

(1) One or more police officers may enter and inspect residential premises of a registrable person that are identified, or required to be identified, in a personal information report as premises at which the person generally resides.

(2) The power of entry and inspection (the entry power) also authorises—

(a) the entry into and inspection of a relevant vehicle or other transport of the registrable person, and

(b) access to information held on, or accessed by or from, an electronic or other device at the premises or in the relevant vehicle or other transport.

(3) The entry power may be exercised for either or both of the following purposes—

(a) to verify relevant personal information reported by the registrable person,

(b) to determine whether the registrable person is complying with the requirements of this Act.

(4) Notice is not required to be given to the registrable person before the entry power is exercised.

(5) It is a reporting obligation of a registrable person to cooperate with a police officer exercising the entry power, including by—

(a) complying with a reasonable direction given to the registrable person by the police officer, and

(b) giving the police officer the information or assistance reasonably necessary for the officer to view, or to enable access to, data held in or accessible from an electronic or other device.

s 16C: Ins 2013 No 77, Sch 2 [1]. Am 2014 No 31, Sch 5.1. Subst 2024 No 62, Sch 1[51].

16D

Limits on entry into and inspection of residential premises by police officers

16D Limits on entry into and inspection of residential premises by police officers

(1) The entry power under section 16C must not be exercised at particular residential premises of the registrable person more than 2 times in a calendar year, except as provided by subsection (2).

(2) The entry power may be exercised at particular residential premises more than 2 times in a calendar year if, for each time the entry power is exercised after 2 times, approval is given by a police officer who—

(a) holds the rank of superintendent or above, and

(b) has a reasonable suspicion the registrable person has committed an offence under this Act that has not been previously dealt with.

(3) The entry power must not be exercised—

(a) if the relevant reporting period of the registrable person has ended, or

(b) in part of the residential premises of the registrable person exclusively occupied by another person unless the police officer exercising the entry power has a reasonable suspicion that the part of the premises is used by the registrable person, or

(c) in relation to a registrable person who is under 18 years of age unless reasonable steps are taken to have a suitable person present to represent the interests of the registrable person while the power is exercised.

(4) In this section—

suitable person, for a registrable person, means a person, other than a police officer, who—

(a) is acceptable to the registrable person, and

(b) is—

(i) a parent or guardian of the registrable person, or

(ii) capable of representing the interests of the registrable person.

s 16D: Ins 2024 No 62, Sch 1[51].

Division 8

Offences

Division 8 Offences

pt 3, div 8 (previously Part 2, Div 3): Renumbered 2004 No 85, Sch 1 [36].

Offence of failing to comply with reporting obligations

17 Offence of failing to comply with reporting obligations

(1) A registrable person must not fail to comply with any of the person’s reporting obligations without reasonable excuse.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

(2) In determining whether a registrable person had a reasonable excuse for failing to comply with the person’s reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters—

(a) the person’s age,

(b) whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations,

(b1) whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances,

(c) any matter prescribed by the regulations,

(d) any other matter the court considers appropriate.

(2A) In proceedings for an offence under this section, the onus of proving that a registrable person had a reasonable excuse lies with the person and must be proved on the balance of probabilities.

(3) It is a defence to proceedings for an offence arising under this section if the registrable person charged with the offence establishes—

(a) the offence did not arise because of a failure to comply with section 3M, and

(b) at the time the offence is alleged to have occurred, the person—

(i) had not received notice of the person’s reporting obligations, and

(ii) was otherwise unaware of the person’s reporting obligations.

(4) In this section—

reporting obligation, for a corresponding registrable person, includes the obligation to give a report to the Commissioner of Police under section 3M.

s 17: Am 2004 No 85, Sch 1 [37]; 2007 No 87, Sch 1 [26]; 2019 No 20, Sch 1.2; 2024 No 62, Sch 1[52].

Offence of furnishing false or misleading information

18 Offence of furnishing false or misleading information

A person must not, in purported compliance with this part or section 3M, furnish information that the person knows to be false or misleading in a material particular.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

s 18: Am 2007 No 87, Sch 1 [27]; 2024 No 62, Sch 1[53].

18A

Bar to prosecution for failing to report leaving New South Wales

18A Bar to prosecution for failing to report leaving New South Wales

(1) This section applies if a registrable person leaves New South Wales and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding Act.

(2) The registrable person is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of New South Wales.

s 18A: Ins 2004 No 85, Sch 1 [38].

Division 9

Child Protection Register

Division 9 Child Protection Register

pt 3, div 9, hdg (previously Part 2, Div 4, heading): Subst 2004 No 85, Sch 1 [39].

Child Protection Register

19 Child Protection Register

(1) The Commissioner of Police is to establish and maintain a Child Protection Register or arrange with another person or body for the establishment and maintenance of a Child Protection Register on the Commissioner’s behalf.

(2) The Register is to contain the following information in respect of each registrable person (to the extent that it is known by the Commissioner of Police)—

(a) the person’s name and other identifying particulars,

(b) details of each Class 1 or Class 2 offence of which the person has been found guilty or with which the person has been charged,

(c) details of each offence of which the person has been found guilty that resulted in the making of a child protection registration order or corresponding child protection registration order,

(d) the date on which the person was sentenced for any registrable offence,

(e) the date on which the person ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during the person’s reporting period,

(f) whether the person is a child or has any special need or disability,

(g) any information provided to the Commissioner in respect of the person under this Part,

(h) any information the Commissioner considers appropriate for inclusion in the Register,

(i) any other information prescribed by the regulations.

s 19: Subst 2004 No 85, Sch 1 [39]. Am 2024 No 62, Sch 1[54].

19A

Restriction on who may access personal information on protected witnesses

19A Restriction on who may access personal information on protected witnesses

The Commissioner of Police must ensure that any information in the Register about a person to whom Division 5 applies, whose identity is apparent or can reasonably be ascertained from that information, cannot be accessed other than by a person authorised by the officer responsible for the day to day operation of the witness protection program.

Note.

Division 5 applies to certain people who are, or were, in witness protection programs.

s 19A: Ins 2004 No 85, Sch 1 [39].

19B

Registrable person’s rights in relation to Child Protection Register

19B Registrable person’s rights in relation to Child Protection Register

(1) If asked to do so by a registrable person, the Commissioner of Police must provide the person with a copy of all the reportable information that is held in the Register in relation to the person.

(2) The Commissioner of Police must comply with subsection (1) as soon as practicable after being asked to do so.

(3) A registrable person may ask the Commissioner of Police to amend any reportable information held on the Register in relation to the person that is incorrect.

(4) The Commissioner of Police must comply with such a request on being satisfied that the information is incorrect.

(5) In this section—

reportable information means any information supplied to the Commissioner of Police by, or on behalf of, the registrable person that the person is required to report to the Commissioner and that is still held in the Register.

s 19B: Ins 2004 No 85, Sch 1 [39].

19BA

Exemption of certain agencies from privacy protection legislation

19BA Exemption of certain agencies from privacy protection legislation

(1) A scheduled agency—

(a) may collect and use personal information about a registrable person, and

(b) may disclose personal information about a registrable person to another scheduled agency,

if the collection, use or disclosure accords with a written authorisation given by a senior officer of the agency.

(2) An authorisation under this section must specify—

(a) the period (maximum 12 months) for which it has effect, and

(b) the agencies to which the personal information may be disclosed.

(3) A senior officer of a scheduled agency may give an authorisation under this section only if the officer is satisfied that—

(a) there are reasonable grounds to suspect that there is a risk of substantial adverse impact on—

(i) the registrable person, or

(ii) some other person or class of persons,

if the collection or use of the personal information, or the disclosure of the personal information to one or more of the agencies specified in the authorisation, does not occur, or

(b) the collection or use of the personal information, or the disclosure of the personal information to one or more of the agencies specified in the authorisation, is likely to assist in developing or giving effect to a case management plan for the registrable person.

(3A) For the purposes of avoiding an adverse impact or for developing or giving effect to a case management plan for a registrable person as referred to in subsection (3), the Commissioner of Police may, by written notice served on a scheduled agency, direct the scheduled agency to provide to the Commissioner personal information about the registrable person collected or used by the scheduled agency of the kind described in the notice.

(3B) The scheduled agency is authorised to disclose, and must disclose, the personal information about the registrable person to the Commissioner of Police.

(3C) The provision of information under this section in good faith—

(a) does not give rise to any liability to civil, criminal or disciplinary action, and

(b) is not a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct.

(4) This section has effect despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

(5) In this section—

personal information means anything that constitutes personal information for the purposes of the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

scheduled agency means an agency listed in Schedule 1.

senior officer, in relation to a scheduled agency, means a member of staff of the agency whom the head of the agency has nominated in writing as being a senior officer for the purposes of this section.

substantial adverse impact includes, but is not limited to, serious physical or mental harm, sexual abuse, significant loss of benefits or other income, imprisonment, loss of housing or the loss of a carer.

(6) The regulations may amend or substitute Schedule 1.

s 19BA: Ins 2008 No 71, Sch 1 [1]. Am 2009 No 93, Sch 1 [9] [10].

Division 10

19BB–19BD (Repealed)

pt 3, div 10: Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

s 19BB: Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

s 19BC: Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

s 19BD: Ins 2014 No 54, Sch 1 [38]. Rep 2024 No 62, Sch 1[55].

Part 3A

Change of name

Part 3A Change of name

pt 3A: Ins 2007 No 87, Sch 1 [28].

19C

Application of Part

19C Application of Part

(1) This Part applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1995.

(2) For the avoidance of doubt, the provisions of Division 3 of Part 5 of the Births, Deaths and Marriages Registration Act 1995 apply to a change of name of a registrable person in addition to the provisions of this Part.

s 19C: Ins 2007 No 87, Sch 1 [28]. Am 2012 No 14, Sch 2.2.

19D

19D (Repealed)

19E

Applications for change of name by or on behalf of registrable person

19E Applications for change of name by or on behalf of registrable person

(1) A registrable person must not without reasonable excuse—

(a) apply to the NSW Registrar to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1995, or

(b) apply to an interstate Registrar to register a change of his or her name under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1995,

without having first obtained the written approval of the Commissioner of Police.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

(2) A person must not without reasonable excuse, on behalf of a registrable person—

(a) apply to the NSW Registrar to register a change of the registrable person’s name under the Births, Deaths and Marriages Registration Act 1995, or

(b) apply to an interstate Registrar to register a change of the registrable person’s name under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1995,

without having first obtained the written approval of the Commissioner of Police.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

s 19E: Ins 2007 No 87, Sch 1 [28]. Am 2014 No 54, Sch 1 [40] [41].

19F

Approval by Commissioner of Police

19F Approval by Commissioner of Police

(1A) This section applies to an application by or on behalf of a registrable person for registration of a change of the person’s name in respect of which the written approval of the Commissioner of Police is required under section 19E.

(1) The Commissioner of Police may approve an application only if the Commissioner is satisfied that the change of name is in all the circumstances necessary or reasonable.

(2) The Commissioner of Police must not approve an application if the Commissioner is satisfied that the change of name would, if registered, be reasonably likely—

(a) to be regarded as offensive by a victim of crime or an appreciable sector of the community, or

(b) to frustrate the administration of this Act in respect of the registrable person.

(3) If the Commissioner of Police approves an application, the Commissioner must—

(a) as soon as practicable, give written notice of the approval to the person who made the application, and

(b) if the registrable person consents, give a copy of the written notice of approval to the NSW Registrar or the interstate Registrar (as the case so requires).

s 19F: Ins 2007 No 87, Sch 1 [28]. Am 2014 No 54, Sch 1 [42] [43].

19G

Registration of change of name

19G Registration of change of name

(1) The NSW Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1995 if—

(a) the NSW Registrar knows that the change of name relates to the name of the registrable person, and

(b) the NSW Registrar has not received a copy of the notice of approval of the Commissioner of Police under section 19F.

(2) If the NSW Registrar does not register a change of name because of the operation of subsection (1), the NSW Registrar must give written notice of the application to the Commissioner of Police.

ss 19G–19I: Ins 2007 No 87, Sch 1 [28].

19H

Registrar may correct Register

19H Registrar may correct Register

Without limiting section 45 (Correction of Register) of the Births, Deaths and Marriages Registration Act 1995, the NSW Registrar may correct the Register under that section if—

(a) the name of the registrable person on the Register has been changed, and

(b) the Commissioner of Police has not approved that change under this Part.

ss 19G–19I: Ins 2007 No 87, Sch 1 [28].

19I

Information-sharing between Commissioner of Police and NSW Registrar

19I Information-sharing between Commissioner of Police and NSW Registrar

Despite any law to the contrary—

(a) the Commissioner of Police may notify the NSW Registrar of the name (including any other name by which a registrable person is or has previously been known), date of birth and residential address or addresses of the registrable person, and

(b) if the Commissioner of Police has given notification under paragraph (a) in respect of a registrable person, the Commissioner of Police must notify the NSW Registrar as soon as practicable after the registrable person ceases to be a registrable person.

ss 19G–19I: Ins 2007 No 87, Sch 1 [28].

Part 4

Miscellaneous

Part 4 Miscellaneous

pt 4 (previously Part 3): Renumbered 2004 No 85, Sch 1 [40].

19J

Registrable persons must not engage in online gaming

19J Registrable persons must not engage in online gaming

A registrable person must not, during the person’s reporting period, use a digital platform or web-based service for the purposes of playing games if the platform or service allows for online communication with a child.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

s 19J: Ins 2024 No 62, Sch 1[56].

Exclusion of personal liability

20 Exclusion of personal liability

An act or omission that a person does or omits to do in good faith in the administration or execution of this Act does not subject the person personally to any action, liability, claim or demand.

20A

Application of reporting obligations to persons subject to child protection prohibition orders

20A Application of reporting obligations to persons subject to child protection prohibition orders

(1) If a prohibition order (within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004) is made against a registrable person, the reporting obligations of the registrable person recommence or continue to apply to the registrable person for the term of the order, despite any other provision of this Act.

(2) Subsection (1) does not affect any period of the application of reporting obligations to a registrable person under this Act that exceeds the period for which a prohibition order is in force.

(3) A person whose reporting obligations are recommenced by this section must give the Commissioner of Police a personal information report not later than 28 days after the order is made or within such other period as the regulations may prescribe.

(4) The regulations may prescribe the manner in which information is to be notified under this section.

(5) (Repealed)

s 20A: Ins 2004 No 46, Sch 1.1. Am 2014 No 54, Sch 1 [44] [45]; 2024 No 62, Sch 1[57].

Proceedings for offences

21 Proceedings for offences

(1) Proceedings for an offence against this Act, except an offence under section 17, 18, 19E or 19J, are to be dealt with summarily.

(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 17, 18, 19E or 19J.

s 21: Am 2001 No 121, Sch 2.33 [2]. Subst 2007 No 87, Sch 1 [29]. Am 2014 No 54, Sch 1 [46]; 2025 No 56, Sch 5.1.

21A

Certificate evidence

21A Certificate evidence

(1) In proceedings under this Act, a certificate signed by the Commissioner of Police, or a member of the NSW Police Force holding a position designated in writing by the Commissioner of Police for the purposes of this section, certifying that the Register—

(a) at any particular date contained information specified in the certificate, or

(b) indicated that, during any particular period, a specified person failed to notify information as required by this Act,

is evidence (unless evidence to the contrary is adduced) of the particulars certified in the certificate.

(2) Not more than 3 positions are to be designated at any one time under subsection (1).

(3) For the purposes of this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.

s 21A: Ins 2002 No 98, Sch 1 [7]. Am 2004 No 85, Sch 1 [41] [42]; 2006 No 94, Sch 3.4 [2].

21B

Time limit for prosecutions waived

21B Time limit for prosecutions waived

Despite anything to the contrary in the Criminal Procedure Act 1986, a proceeding for an offence under this Act may be commenced at any time.

ss 21B–21C: Ins 2004 No 85, Sch 1 [43].

21C

Effect of spent convictions

21C Effect of spent convictions

(1) The fact that an offence in respect of which a registrable person has been found guilty becomes spent does not affect—

(a) the status of the offence as a registrable offence for the purposes of this Act in respect of the person, or

(b) any reporting obligations of the person.

(2) For the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable person is permitted not to disclose the fact that the person was convicted or found guilty of the offence.

ss 21B–21C: Ins 2004 No 85, Sch 1 [43].

21D

Permitted disclosure of information concerning registrable persons

21D Permitted disclosure of information concerning registrable persons

(1) A government agency may disclose information concerning a registrable person to the Commissioner of Police or a supervising authority.

(2) This section has effect despite any other law.

s 21D: Ins 2004 No 85, Sch 1 [43]. Am 2007 No 87, Sch 1 [30].

21E

Prohibited disclosure of information concerning registrable persons

21E Prohibited disclosure of information concerning registrable persons

A person must not disclose any information relating to a registrable person obtained in connection with the administration or execution of this Act, unless the disclosure—

(a) is made in connection with the administration or execution of this Act or a corresponding Act or for law enforcement purposes, or

(b) is made with the consent of the person to whom the information relates, or

(c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or

(d) is made with the consent of the Commissioner of Police given (either generally or in a particular case) for the purposes of ensuring the safety or protection of a child or of children generally, or

(e) is made to the Minister or with the consent of the Minister (given in a particular case), or

(f) is authorised or required by or under this Act or any other law.

Maximum penalty—100 penalty units or imprisonment for 2 years, or both.

s 21E: Ins 2007 No 87, Sch 1 [31].

Regulations

22 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(1A) In particular, regulations may be made for or with respect to the following—

(a) matters incidental to the making of reports under Part 3, including—

(i) the manner and form in which a report must be made, and

(ii) the nature of any verifying documentation or evidence to be produced in support of any such report,

(b) the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable persons,

(c) the manner in which a notice or other document may be given under this Act,

(d) the manner and form in which the Register is to be established and maintained, including the manner and form in which information is to be entered in the Register,

(e) requiring or permitting the Commissioner of Police to remove specified information, or information of a specified class, from the Register,

(f) the notification of reporting obligations to registrable persons, including—

(i) permitting the person notifying a registrable person to ask the person to acknowledge being given the notice, and

(ii) making special provision for the notification of registrable persons who are children or who have disabilities or other special needs, and

(iii) permitting or requiring a person or body to be notified of a registrable person’s status as a child or person who has a special need or disability to facilitate notification and reporting, and

(iv) providing for the notification to be given to a carer of, or a person nominated by, a registrable person who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations, and

(v) requiring that a registrable person be given additional information to that required by this Act, and

(vi) requiring a person or body to provide specified information to registrable persons concerning their reporting obligations, and

(vii) requiring a person or body to inform the Commissioner of Police—

(A) that a registrable person has left the custody or control of the person or body, and

(B) that the person or body has given specified information to a registrable person, and

(C) that, in the opinion of the person or body, a registrable person does or does not have the legal capacity to understand specified information, and

(viii) requiring a person or body to give to the Commissioner of Police any acknowledgment by a registrable person of the receipt of a notice or any other specified information that is held by the person or body,

(g) requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period.

(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

(3) The regulations may require the functions under section 3J, 5 or 6 of a court or supervising authority (a primary authority) to be exercised—

(a) in relation to the functions of a court—

(i) by a supervising authority, or

(ii) by the Commissioner of Police, or

(b) in relation to the functions of a supervising authority—

(i) by the sentencing court, or

(ii) by some other supervising authority, or

(iii) by the Commissioner of Police,

(the secondary authority), but only with the concurrence of the Minister responsible for the primary authority and the Minister responsible for the secondary authority.

s 22: Am 2001 No 50, Sch 1 [16]; 2004 No 85, Sch 1 [44]; 2007 No 87, Sch 1 [32] [33]; 2024 No 62, Sch 1[58].

Audits of administration of Register

23 Audits of administration of Register

(1) The administration of the Register by the Commissioner of Police must be audited in accordance with this section.

(2) An audit must be carried out by a person prescribed by the regulations.

(3) An audit must occur at least once every 2 years.

(4) The regulations may make provision about audits, including—

(a) the matters required to be audited, and

(b) the publication of the outcomes of audits.

s 23: Rep 2003 No 82, Sch 3. Ins 2024 No 62, Sch 1[59].

Administrative review of decisions by NCAT

24 Administrative review of decisions by NCAT

A person aggrieved by the following decisions may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision—

(a) a decision that the person is a relevant person for section 3N,

(b) a decision under section 11G to refuse an application to allow the person to travel outside of Australia,

(c) a decision to extend a person’s reporting obligations under section 15.

s 24: Subst 2024 No 62, Sch 1[59].

Review of Act

25 Review of Act

(1) The Minister must conduct a review of the reviewable provisions to identify whether—

(a) the policy objectives of the reviewable provisions remain valid, and

(b) the terms of the reviewable provisions remain appropriate for securing the objectives.

(2) The review must be undertaken as soon as possible after the period of 2 years after the commencement of this section.

(3) A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period of 2 years.

(4) In this section—

reviewable provisions means the amendments made to this Act by the Child Protection (Offenders Registration) Amendment Act 2024.

s 25: Rep 2007 No 87, Sch 1 [34]. Ins 2024 No 62, Sch 1[59].

26

26 (Repealed)

Schedule 1A

Class 1 offences

Schedule 1A Class 1 offences

section 2D(1)(b)

sch 1A: Ins 2024 No 62, Sch 1[60].

Schedule 1B

Class 2 offences

Schedule 1B Class 2 offences

section 2D(2)(b)

sch 1B: Ins 2024 No 62, Sch 1[60].

Schedule 1C

Relevant personal information

Schedule 1C Relevant personal information

section 2B(1), definition of “relevant personal information”

sch 1C: Ins 2024 No 62, Sch 1[60].

Clubs and other affiliations

3 Clubs and other affiliations

Details of the person’s affiliation with clubs or organisations that involve either or both of the following—

(a) child members,

(b) the participation of children in the club’s or organisation’s activities.

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.