1 Name of Regulation
This Regulation is the Child Protection (Offenders Prohibition Orders) Regulation 2007.
2 Definition
(1) In this Regulation:the Act means the Child Protection (Offenders Prohibition Orders) Act 2004.(2) Notes included in this Regulation do not form part of this Regulation.
3 Corresponding prohibition orders
The following orders are corresponding prohibition orders for the purposes of the Act:(a) an order under Part 5 of the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory,(b) an order under Part 5 of the Community Protection (Offender Reporting) Act 2004 of Western Australia,(c) an order under Part 2 of the Sexual Offences Act 2003 of the United Kingdom,(d) an order under Part 2 of the Child Protection (Offender Prohibition Order) Act 2008 of Queensland,(e) an order under section 99AA of the Summary Procedure Act 1921 of South Australia.Note—Section 19 of the Act provides for the recognition of orders made by a court of a jurisdiction other than this State (including jurisdictions outside Australia) that are similar in nature to prohibition orders under the Act. These recognised orders are known as “corresponding prohibition orders”.cl 3: Am 2011 (371), cl 3.
4 Effect of corresponding prohibition orders in this State
(1) A corresponding prohibition order:(a) has the same effect as if it were a prohibition order made by the Local Court under the Act, and(b) may be enforced in this State against the person in respect of whom it was made as if it were a prohibition order made under the Act, and(c) has effect in this State for the term of the order.(2) Subclause (1) does not operate to enable an appeal under the Crimes (Appeal and Review) Act 2001 in respect of the decision to make a corresponding prohibition order.cll 4: Am 2009 No 106, Sch 4.6.
5 Effect of variation or revocation of corresponding prohibition orders by original jurisdiction
If a court of a jurisdiction other than this State varies or revokes a corresponding prohibition order made in that jurisdiction, the variation or revocation applies to the extent that the corresponding prohibition order has effect in this State.
6 Variation or revocation of corresponding prohibition orders
(1) An application may be made to the Local Court by the Commissioner of Police, or by a person subject to a corresponding prohibition order, for an order varying or revoking a corresponding prohibition order (other than for a variation as to the term of the order).(2) The application must be accompanied by a copy of the corresponding prohibition order, together with any variations to it that have been made.(3) A person subject to a corresponding prohibition order may not make an application except by leave of the Local Court. Leave may be granted only if the Local Court is satisfied that, having regard to changes in the applicant’s circumstances since the order was made or last varied, it is in the interests of justice that leave be granted.(4) The Local Court may dispose of the application:(a) by varying or revoking the corresponding prohibition order, but only to the extent that it has effect in this State, or(b) by dismissing the application.(5) For the purposes of an application under this clause, the respondent to an application is:(a) in the case of an application made by the Commissioner of Police, the person subject to the corresponding prohibition order concerned, and(b) in the case of an application made by a person subject to a corresponding prohibition order, the Commissioner of Police.cll 6: Am 2009 No 106, Sch 4.6.
7 Restriction on publication of identity
(1) A person must not publish:(a) any information that identifies or is reasonably likely to enable the identification of a person as a person who is subject to a corresponding prohibition order, or(b) the name of any particular person referred to as a person at risk because of the conduct prohibited by a corresponding prohibition order, or(c) any matter reasonably likely to enable a person referred to in paragraph (b) to be identified.Maximum penalty: 50 penalty units.(2) This clause does not apply in relation to the publication of any matter with the authority of the Local Court to which an application was made under clause 6 or any publication by a person of his or her name.(3) This clause does not apply in relation to the publication of any matter to any of the following persons:(a) the person who is subject to the corresponding prohibition order to which the publication relates,(b) any other person or class of persons specified in the corresponding prohibition order concerned,(c) any member of the NSW Police Force or a member of a law enforcement agency of the Commonwealth or another State or Territory (including CrimTrac) in their official capacity,(d) any person involved in the administration of the corresponding prohibition order concerned,(e) any member of staff of a government agency involved in the assessment and management of persons who are subject to corresponding prohibition orders,(f) any person for the purpose of an investigation of an alleged breach of a corresponding prohibition order or to any person involved in proceedings for any such breach,(g) any other person to whom it is required or permitted to be disclosed pursuant to any other Act or law.