3EOrders made after conclusion of criminal proceedings

3E 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].