Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes Act 1900.

JOHN HATZISTERGOS, MLC

Explanatory note

The object of this Regulation is to remake, with some changes, the provisions of the Crimes (General) Regulation 2005, which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

Provisions relating to domestic violence and apprehended violence orders have not been included in this Regulation as those matters are now dealt with by the Crimes (Domestic and Personal Violence) Act 2007 rather than the Crimes Act 1900.

This Regulation makes provision with respect to the following:

(a)  prescribing relevant professions, callings and vocations for the purposes of section 316 of the Crimes Act 1900, which relates to the prosecution of certain persons for failing to disclose a serious offence committed by another person,

(b)  savings and formal matters.

This Regulation is made under the Crimes Act 1900, including sections 316 (5) and 582 (the general regulation-making power).

This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public.

1   Name of Regulation

This Regulation is the Crimes Regulation 2010.

2   Commencement

This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.

Note. This Regulation replaces the Crimes (General) Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(1)  In this Regulation:

the Act means the Crimes Act 1900.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Concealment of offences by certain persons

For the purposes of section 316 (5) of the Act, the following professions, callings or vocations are prescribed:

(a)  a legal practitioner,

(b)  a medical practitioner,

(c)  a psychologist,

(d)  a nurse,

(e)  a social worker, including:

(i)  a support worker for victims of crime, and

(ii)  a counsellor who treats persons for emotional or psychological conditions suffered by them,

(f)  a member of the clergy of any church or religious denomination,

(g)  a researcher for professional or academic purposes,

(h)  if the serious indictable offence referred to in section 316 (1) of the Act is an offence under section 60E of the Act, a school teacher, including a principal of a school,

(i)  an arbitrator,

(j)  a mediator.

5   Savings

Any act, matter or thing that, immediately before the repeal of the Crimes (General) Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Crimes Regulation 2010 (442). LW 20.8.2010. Date of commencement, 1.9.2010, cl 2.