ACTIn ForceAct
Crimes (Child Sex Offenders) Act 2005
Sch 3Reviewable decisions
Start here
Get a plain-English read of Sch 3
Turn the raw legal text into a practical explanation grounded in Crimes (Child Sex Offenders) Act 2005.
Schedule 3 Reviewable decisions
(see ch 5B)
item
section
decision
person
1 11A (2) person should be
prescribed
corresponding offender
prescribed corresponding
2 111 make unprotected
registrable offender
declaration
registrable offender
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• administrative unit
• adult
• Australia
• Australian driver licence
• change
• chief police officer
• child
• Commonwealth Criminal Code
• Criminal Code
• director-general (see s 163)
• entity
• external territory
• fail
• function
• parent
• police officer
• prescribed
• public service
• public sector body
• reviewable decision notice
• State
• territory instrumentality.
act includes omission.
appealable decision, for part 5A.10 (Appeals to Supreme Court)—
see section 132ZS.
application, for an order for a person, for chapter 5A (Orders
approved reporting place, for a registrable offender, for a report—
see section 64.
approved way, for the making of a report—see section 63.
child-related employment, for chapter 5 (Registrable offenders
prohibited from child-related employment)—see section 124.
child sex offender registration order, in relation to a person—see
section 14.
child sex offenders register—see section 117.
class 1 offence—see section 10 (2).
class 2 offence—see section 10 (3).
community service order means a community service order within
the meaning of the Crimes (Sentencing) Act 2005, section 13 (7)
(Good behaviour orders).
conduct, for chapter 5A (Orders prohibiting offender conduct)—see
section 132A.
contact person—see section 33.
corresponding child sex offender registration order means an order
(however described)—
(a) made under a corresponding law; and
(b) prescribed by regulation for this definition.
corresponding law means a law, or a provision of a law, of a foreign
jurisdiction that—
(a) provides for people who have committed particular offences to
report in that jurisdiction information about themselves and to
keep that information current for a time; or
(b) is prescribed by regulation for this definition.
corresponding prohibition order, for chapter 5A (Orders prohibiting
corresponding registrable offence means an offence that is a
registrable offence for a corresponding law but is not a registrable
offence under this Act.
corresponding registrar, for a foreign jurisdiction, means the entity
exercising functions under the corresponding law of the jurisdiction
that corresponds, or most closely corresponds, to the functions of the
chief police officer under this Act.
court includes a court (however described) of a foreign jurisdiction.
CYP director-general, for chapter 5A (Orders prohibiting offender
conduct)—see section 132A.
CYP director-general’s report, for chapter 5A (Orders prohibiting
daily care responsibility, for chapter 5A (Orders prohibiting offender
conduct)—see the Children and Young People Act 2008, section 19.
disability—see Discrimination Act 1991, section 5AA (1).
employment, for chapter 5 (Registrable offenders prohibited from
child-related employment)—see section 123.
engaged, in child-related employment, for chapter 5 (Registrable
offenders prohibited from child-related employment)—see
section 125.
entry and search warrant, for part 3.11—see section 116B.
executing officer, of an entry and search warrant, for part 3.11 (Entry
and search warrants)—see section 116B.
fingerprints includes fingerscan.
fingerscan means fingerprints taken using a device to obtain a record
of the fingerprints.
finding of guilt—see section 7.
foreign jurisdiction means a jurisdiction other than the ACT
(including a jurisdiction outside Australia).
forensic patient—see the Public Trustee and Guardian Act 1985,
section 19B (2).
government agency, for part 5A.9 (Obtaining and disclosing
particular information)—see section 132ZL.
government custody means custody, whether in the ACT or
elsewhere—
(a) under a sentence of imprisonment; or
(b) as a detainee under the Corrections Management Act 2007; or
(c) as a forensic patient; or
(d) under a corresponding law in the nature of custody mentioned
in paragraph (a), (b) or (c), however described.
in person—a person does a thing in person at a place only if the
person does the thing by personally attending at the place.
Examples of things not done in person
a person making a report by telephone or email
interim prohibition order, for chapter 5A (Orders prohibiting
offender conduct)—see section 132H (Court may make interim
prohibition order).
long-term care responsibility, for chapter 5A (Orders prohibiting
offender conduct)—see the Children and Young People Act 2008,
section 20.
make, an order for a person under this chapter, for chapter 5A (Orders
occupier, of premises, for part 3.11 (Entry and search warrants)—see
section 116B.
offensive weapon, for part 3.11 (Entry and search warrants)—see the
Crimes Act 1900, dictionary.
parental responsibility, for a child or young person, for chapter 5A
(Orders prohibiting offender conduct)—see the Children and Young
People Act 2008, section 15.
parole means parole under the Crimes (Sentence Administration)
Act 2005, and includes an equivalent order (however described) made
under a foreign law.
person assisting, in relation to an entry and search warrant, for
part 3.11 (Entry and search warrants)—see section 116B.
personal details, for a registrable offender—see s 59.
personal information means information about an individual whose
identity is apparent, or can reasonably be found out, from the
information.
person with a legal disability, for part 5A.6 (People with legal
disabilities)—see section 132T.
person with a mental disability, for part 5A.6 (People with legal
disabilities)—see section 132T.
person with parental responsibility, for a young person—means a
person who has parental responsibility for the young person under the
Children and Young People Act 2008, division 1.3.2.
premises, for part 3.11 (Entry and search warrants)—see
section 116B.
prescribed corresponding offender—see section 11.
previous offender, for div 2.2.3 (Orders for certain previous
offenders)—see section 18A.
prohibition order, for chapter 5A (Orders prohibiting offender
conduct)—see section 132D (Court may make prohibition order).
protected registrable offender—see section 110.
protected registrable offender declaration—see section 111 (a).
public official, for part 3.11 (Entry and search warrants)—see the
Criminal Code, section 300.
registered corresponding prohibition order, for chapter 5A (Orders
registrable offence—see section 10.
registrable offender—see section 8 and section 9.
registration notice, for chapter 5A (Orders prohibiting offender
conduct)—see section 132O (Notice of registration of unamended
corresponding prohibition order).
relevant time, for a report by a registrable offender in a year—see
section 37 (3).
reporting obligation—see section 19.
reporting obligation provision—see section 20.
reporting obligations notice—see section 103.
reporting period, for a registrable offender, means the period, worked
out under part 3.5 (Reporting period), during which the offender must
comply with the offender’s reporting obligations.
return date, for an application, for chapter 5A (Orders prohibiting
reviewable decision, for chapter 5B (Notification and review of
decisions)—see section 132ZV.
same incident—offences arise from the same incident only if they
are committed within a single period of 24 hours and are committed
against the same person.
sentence means—
(a) when used as a noun—the penalty imposed for an offence; or
(b) when used as a verb—to impose a penalty for an offence;
and includes a finding of guilt mentioned in section 7 (1) (c) or (e).
supervising authority, for a person, means the entity declared by
regulation to be the person’s supervising authority.
suspension order—see section 96.
travel details, for travel by a registrable offender—see section 42 (2).
unprotected registrable offender declaration—see section 111 (b).
witness protection program—see the Witness Protection Act 1996,
dictionary.
young person means a person who is not yet an adult.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Crimes (Child Sex Offenders) Act 2005 A2005-30
notified LR 29 June 2005
s 1, s 2 commenced 29 June 2005 (LA s 75 (1))
remainder commenced 29 December 2005 (s 2 and LA s 79)
as amended by
Public Advocate Act 2005 A2005-47 sch 1 pt 1.3 (as am by A2006-3
amdt 1.8)
notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 March 2006 (s 2 (1) as am by A2006-3
amdt 1.8)
Justice and Community Safety Legislation Amendment Act 2005
(No 4) A2005-60 sch 1 pt 1.11
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.11 commenced 29 December 2005 (LA s 79A and see
A2005-30)
Human Rights Commission Legislation Amendment Act 2006
A2006-3 amdt 1.8
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.8 commenced 23 February 2006 (s 2)
Note This Act only amends the Public Advocate Act 2005 A2005-47
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.8
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.8 commenced 2 June 2006 (s 2 (1) and see Crimes
(Sentence Administration) Act 2005 A2005-59 s 2, Crimes
(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.8
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.8 commenced 16 November 2006 (s 2 (1))
Legislation history 3
Training and Tertiary Education Legislation Amendment Act 2007
A2007-12 sch 1 pt 1.7
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 July 2007 (s 2 and CN2007-3)
Children and Young People (Consequential Amendments) Act 2008
A2008-20 sch 2 pt 2.6, sch 3 pt 3.7, sch 4 pt 4.8
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 2 pt 2.6 commenced 9 September 2008 (s 2 (3) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 3 pt 3.7 commenced 27 October 2008 (s 2 (4) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-13)
sch 4 pt 4.8 commenced 27 February 2009 (s 2 (5) and see Children
and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see
CN2008-13))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.19
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.19 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.26
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.26 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Crimes (Child Sex Offenders) Amendment Act 2010 A2010-45
notified LR 24 November 2010
s 1, s 2 commenced 24 November 2010 (LA s 75 (1))
remainder commenced 25 November 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.41
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.41 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.15
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.15 commenced 12 December 2011 (s 2)
Crimes (Child Sex Offenders) Amendment Act 2012 A2012-20
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
remainder commenced 13 September 2012 (s 2 and CN2012-15)
Crimes Legislation Amendment Act 2012 A2013-12 pt 3
notified LR 17 April 2013
s 1, s 2 commenced 17 April 2013 (LA s 75 (1))
pt 3 commenced 24 April 2013 (s 2)
Crimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 5
notified LR 9 December 2013
s 1, s 2 commenced 9 December 2013 (LA s 75)
pt 5 commenced 10 December 2013 (s 2 (2))
Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1
pt 1.7
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
sch 1 pt 1.7 commenced 20 November 2014 (s 2)
Crimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.1
notified LR 4 December 2014
s 1, s 2 commenced 4 December 2014 (LA s 75 (1))
sch 1 pt 1.1 commenced 5 December 2014 (s 2)
Crimes (Child Sex Offenders) Amendment Act 2015 A2015-35
notified LR 1 October 2015
s 1, s 2 commenced 1 October 2015 (LA s 75 (1))
remainder commenced 2 October 2015 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016
(No 2) A2016-13 sch 1 pt 1.15
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.15 commenced 1 April 2016 (s 2 and see Protection of
Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Legislation history 3
Crimes (Serious and Organised Crime) Legislation Amendment Act