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