You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2000 - 42)
Skip to content
Child Protection (Offenders Registration) Act 2000 No 42
Current version for 1 December 2018 to date (accessed 13 November 2019 at 20:20)
Part 3 Division 2
Division 2 Initial report
9   Relevant personal information to be reported
(1)  For the purposes of this Act, the relevant personal information to be reported by a registrable person consists of the following information:
(a)  the person’s name, together with any other name by which the person is or has previously been known,
(b)  in respect of each name other than the person’s current name, the period during which the person was known by that other name,
(c)  the person’s date of birth,
(d)  the address of each of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, the name of each of the localities in which the person can generally be found,
(e)  the name and date of birth of each child who generally resides in the same household as that in which the person generally resides,
(f)  if the person is a worker:
(i)  the nature of the person’s work, and
(ii)  the name of the person’s employer (if any), and
(iii)  the address of each of the premises at which the person generally works or, if the person does not generally work at any particular premises, the name of each of the localities in which the person generally works,
(g)  details of the person’s affiliation with any club or organisation that has child membership or child participation in its activities,
(h)  the make, model, colour and registration number of any motor vehicle owned or hired by, or generally driven by, the person,
(i)  details of any tattoos or permanent distinguishing marks that the person has (including details of any tattoo or mark that has been removed),
(j)  whether the person has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required the person to report to a corresponding registrar or been subject to a corresponding child protection registration order and, if so, where that finding occurred or that order was made,
(k)  if the person has been in government custody since the person was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when or where that government custody occurred,
(l)  if, at the time of making a report under this Division, the person leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence):
(i)  in general terms, the reason for travelling, and
(ii)  in general terms, the frequency and destinations of the travel,
(m)  details of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person including any phone numbers used, or intended to be used, by the person,
(n)  details of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person,
(o)  details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection,
(p)  details of any email addresses, internet user names, instant messaging user names, chat room user names or any other user name or identity used, or intended to be used, by the person through the internet or other electronic communication service,
(q)  any other information prescribed by the regulations.
(1A)  For the purposes of this Act, the relevant personal information to be reported by a registrable person also includes the name, date of birth and address of each child (or other means of contacting each child) with whom the person has had contact, but only if the registrable person was:
(a)  supervising or caring for the child, or
(b)  visiting or staying at a household where the child is present, or
(c)  exchanging contact details with the child (including providing the person’s contact details to the child), or
(d)  attempting to befriend the child.
(1B)  For the purposes of subsection (1A), contact with a child, includes the registrable person having:
(a)  physical contact with the child (including by touching the child or being in very close physical proximity to the child), or
(b)  oral communication with the child (including communication that takes place in person, by telephone or by electronic means such as via the internet), or
(c)  written communication with the child (including communication that takes place by mail, by telephone or by electronic means such as email).
(1C)  The sentencing court (being the court that sentences a person in respect of a registrable offence or that imposes a child protection registration order on the person) may order that the person’s reporting obligations in respect of contacts occurring before the person reaches 18 years of age be modified as set out in the order, if:
(a)  the person is under 18 years of age, and
(b)  the court is of the view that the modification is appropriate in the circumstances taking into account the educational and other needs of the person.
(1D)  A person who, because of a modification under subsection (1C), was not required to report a contact occurring before the person was 18 years of age is not subsequently required to report that contact unless the person’s reporting obligations are further modified so as to require the contact to be reported.
(1E)  Any such further modification may be made by the sentencing court, the Local Court or the Children’s Court on the application of the Commissioner of Police.
(2)  For the purposes of this section:
(a)  a registrable person does not generally reside at any particular premises unless the person resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and
(b)  a child does not generally reside in the same household as a registrable person unless they reside together in that household for at least 3 days (whether consecutive or not) in any period of 12 months, and
(c)    (Repealed)
(d)  a registrable person is not generally employed at any particular premises unless the person is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months, and
(e)  a registrable person does not generally drive a particular motor vehicle unless the person drives that motor vehicle on at least 14 days (whether consecutive or not) in any period of 12 months.
(3)  In this section, employer and worker have the same meanings as they have in the Child Protection (Working with Children) Act 2012.
9A   When initial report must be made
(1)  A registrable person of a kind referred to in Column 1 of the Table to this subsection must report the person’s relevant personal information to the Commissioner of Police within the period specified in relation to the person in Column 2 of the Table.
Table
Column 1
Column 2
Registrable person
Period for initial report
A registrable person (other than a corresponding registrable person) who enters government custody in New South Wales before, on or after the commencement of this section as a consequence of having being sentenced for a registrable offence and who ceases to be in government custody while in New South Wales
Within 7 days after the registrable person ceases to be in government custody
Any other registrable person who is sentenced for a registrable offence in New South Wales
Within 7 days after the registrable person is sentenced for the registrable offence
A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to report his or her relevant personal information to the Commissioner of Police
Within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody
(2)  Despite subsection (1), a registrable person must report the person’s relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.
9B   When new initial report must be made by person whose previous reporting obligations have ceased
(1)  If a registrable person’s reporting period expires but the person is then sentenced for a registrable offence, the person must report the person’s relevant personal information to the Commissioner of Police:
(a)  within 7 days after the person is sentenced for the registrable offence, or
(b)  if the registrable person is in government custody, within 7 days after the person ceases to be in government custody,
whichever is the later.
(2)    (Repealed)
(3)  If a registrable person’s reporting obligations are suspended by an order under section 16 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 16A (or an equivalent provision of the laws of a foreign jurisdiction), the person must report the person’s relevant personal information to the Commissioner of Police:
(a)  within 7 days after the order ceases to have effect, or
(b)  if the person is in government custody, within 7 days after the person ceases to be in government custody,
whichever is the later.
(4)  If a registrable person is not in New South Wales at the time the person would be required under subsection (1), (2) or (3) to report relevant personal information to the Commissioner of Police, then the person must report that information within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.
(5)  Despite subsections (1)–(3), a registrable person must report the person’s relevant personal information to the Commissioner of Police before leaving New South Wales unless the person entered New South Wales from a foreign jurisdiction and remained in New South Wales for less than 14 consecutive days, not counting any days spent in government custody.
9C   Persons required to report under corresponding Act
(1)  This section applies to a person (other than one to whom Division 5 applies) who has been required to report to a corresponding registrar, irrespective of whether the person is a registrable person for the purposes of this Act.
(2)  Unless the person has previously complied with the obligation imposed by this section, the person must, within 7 days after entering and remaining in New South Wales, contact (by telephone or another prescribed means) a person nominated by the Commissioner of Police for the purposes of this section.
(3)  The contacted nominated person must advise the person whether the person is a registrable person for the purposes of this Act and of any reporting obligations that the person has under this Act.
(4)  A person is not guilty of an offence against section 17 because of a failure to comply with the reporting obligations imposed by subsection (2) if the person:
(a)  is not a registrable person for the purposes of this Act, or
(b)  has not been notified of that reporting obligation, or
(c)  does not remain in New South Wales for 14 or more consecutive days, not counting any days spent in government custody, or
(d)  reports in accordance with section 9A.