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Contents (2000 - 42)
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Child Protection (Offenders Registration) Act 2000 No 42
Current version for 1 December 2018 to date (accessed 19 November 2019 at 10:48)
Part 3 Division 4
Division 4 Provisions applying to all reporting obligations
12   Where report is to be made
(1)  A report under this Part is to be made:
(a)  at any police station in the locality in which the registrable person is currently residing (subject to subsection (2)), or
(b)  if a direction is given in accordance with the regulations as to the police station at which the report is to be made, at the police station so directed, or
(c)  at some other place approved (either generally or in a particular case) by the Commissioner of Police.
(2)  If a police station in the locality in which a registrable person is currently residing is a restricted police station, the registrable person:
(a)  with the consent of the Commissioner of Police, may make the report at that station, and
(b)  may make the report at the next nearest police station that is not a restricted police station.
(3)  For the purposes of subsection (2), a restricted police station is a police station that is a police station, or that falls within a class of police station, that the regulations state is not to be used as a venue for the purposes of this section without the consent of the Commissioner of Police.
(4)  This section does not apply if, under section 12A (2), a report is permitted to be made in a way that is inconsistent with this section.
12A   How reports to be made
(1)  A registrable person must make the following reports under this Part in person:
(a)  a report required by Division 2 (initial report),
(b)  a report required by section 10 (annual report),
(c)  a report of a change of address of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, of the localities in which the person can generally be found,
(d)  a report of the acquisition of, removal of, or change to, any tattoo or distinguishing mark.
(2)  A registrable person may make any other report that the person is required to make in person or in any other way permitted by the regulations or by the Commissioner of Police, either generally or in a particular case.
(3)  Only a police officer may receive a report made in person and only a police officer or a person approved for the purpose by the Commissioner of Police may receive a report made in another way in accordance with subsection (2).
(4)  If a registrable person attending in person is a child, or has a disability that renders it impracticable for the person to make a report, any parent, guardian, carer or other person nominated by the person who is accompanying the registrable person may make the report on the registrable person’s behalf.
(5)  Similarly, if a registrable person who is permitted to make a report other than in person in accordance with subsection (2) is a child, or has a disability that renders it impracticable for the person to make the report himself or herself, a parent, guardian, carer or other person nominated by the registrable person may make the report on the registrable person’s behalf.
12B   Right to privacy and support when reporting
(1)  A person making a report under this Part at a police station or other place approved by the Commissioner of Police:
(a)  is entitled to make the report out of the hearing of members of the public, and
(b)  is entitled to be accompanied by a support person of the person’s choosing.
(2)  A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.
(3)  A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.
12C   Receipt of information to be acknowledged
(1)  As soon as is practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.
(2)  The acknowledgment must be in writing, must be given to the person who made the report and must include:
(a)  the name and signature of the police officer or other person who received the report, and
(b)  the date and time when, and the place where, the report was received, and
(c)  a copy of the information that was reported, and
(d)  a copy of the record of any agreement made under subsection (4).
(3)  If a report is not made in person, the police officer or other person who received the report must, as soon as practicable:
(a)  give the person making the report a unique reference number, and
(b)  record that number on the relevant registrable person’s file and on the acknowledgment.
(4)  The Commissioner of Police may make an agreement with the registrable person as to the manner in which any reference number or acknowledgment required to be given by this section may be given.
(5)  The Commissioner of Police must ensure:
(a)  that there is a method of recording an agreement made under subsection (4), and
(b)  that, except with the written consent of the registrable person, any reference number or acknowledgment required to be given by this section is given in accordance with the agreement while the agreement remains in force.
(6)  The Commissioner of Police must ensure that a copy of every acknowledgment is retained.
12D   Additional matters to be provided
(1)  If a report is required to be made in person, the person making the report must also present for inspection:
(a)  2 identification documents relating to the registrable person, and
(b)  if the person making the report is accompanying the registrable person and making the report on the registrable person’s behalf, 2 identification documents relating to the person making the report, and
(c)  in any case, any other form of identification specified by the regulations for the purposes of this subsection.
(1A)  If a registrable person holds a driver licence or a current passport (whether a current Australian passport or current overseas passport), the identification documents presented must include the driver licence, passport or passports (and, if the registrable person holds both a driver licence and a current passport or passports, must include all those identification documents).
(1B)  If a person accompanying a registrable person and making a report on his or her behalf holds a driver licence, the identification documents presented must include the driver licence.
(2)  Each of the following original documents is an identification document for the purposes of this section:
(a)  a full birth certificate,
(a1)  a driver licence,
(b)  an Australian passport that is current or has been expired for less than 2 years,
(c)  a current overseas passport,
(d)  an Australian naturalisation or citizenship document, or immigration papers issued by the Commonwealth Department of Immigration and Multicultural Affairs,
(e)  a current Medicare card, pensioner concession card, Department of Veterans’ Affairs entitlement card or other entitlement card issued by the Commonwealth or a State Government,
(f)  a current credit card or account from a bank, building society or credit union, or a passbook or statement of account up to one year old,
(g)  a telephone, gas or electricity bill up to one year old,
(h)  a notice of council rates, water service charges or land valuation up to 2 years old,
(i)  an electoral enrolment card or other evidence of enrolment as an elector up to 2 years old,
(j)  a current student identity card, or a certificate or statement of enrolment up to 2 years old from an educational institution.
(3)  The police officer receiving the report may waive the requirements of subsection (1) (a) and (c) if:
(a)  the registrable person permits his or her fingerprints to be taken immediately before or after the report is made, or
(b)  the police officer is otherwise satisfied as to the registrable person’s identity.
(4)  The police officer receiving the report may waive the requirements of subsection (1) (b) and (c) if the police officer is otherwise satisfied as to the person’s identity.
(5)  The police officer receiving a report may copy any document presented to the officer for inspection under subsection (1) (a) or (b).
(6)  If a report is made otherwise than in person, the regulations may specify:
(a)  the circumstances in which:
(i)  information concerning the identity of the registrable person and the identity of the person making the report, and
(ii)  a document verifying or supporting details in the report,
are required, and
(b)  the manner in which that information is to be provided,
but may not require an original document to be provided.
(7)  In this section:
Australian passport includes a document of identity issued by the Australian Passport Office.
driver licence means a New South Wales driver licence, or any other licence issued under a law in force in a foreign jurisdiction authorising the holder to drive a motor vehicle, containing photo identification of the holder of the licence.
12E   Power to take fingerprints
A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by the police officer, the fingerprints of the registrable person if:
(a)  not reasonably satisfied as to the identity of the registrable person after the officer has examined all of the material relating to identity provided or presented to the officer by, or on behalf of, the registrable person, or
(b)  there are no fingerprints of the person held by the NSW Police Force, or
(c)  if a person permits the person’s fingerprints to be taken under section 12D.
12F   Power to take photographs
(1)  A police officer receiving a report made in person under this Part may require the registrable person:
(a)  to be photographed, or
(b)  to expose any part of the person’s body to enable that part of the body to be photographed by the officer or another person authorised by the officer.
(2)  A police officer cannot, under this section, require a registrable person to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.
12G   Information to be given before obtaining fingerprints or photographs
Before attempting to exercise a power under section 12E or 12F, the police officer must inform the registrable person in language likely to be understood by the person:
(a)  of the purpose for which the power is to be exercised and, in the case of section 12E (a), why the officer is not satisfied as to the registrable person’s identity, and
(b)  that if the person refuses to give the person’s fingerprints, or to expose part of the person’s body (as the case may be) voluntarily, reasonable force may be used, and
(c)  that the fingerprints or photographs will be retained by the Commissioner of Police.
12H   Retention of documents, fingerprints and photographs
(1)  The Commissioner of Police may retain and use for identification, law enforcement or child protection purposes any of the following taken under this Division from a person:
(a)  copies of any documents,
(b)  any fingerprints,
(c)  any photographs.
(2)  A person having possession of documents, fingerprints or photographs provided under this Division must not use them otherwise than for a purpose permitted by this Division.
Maximum penalty: 20 penalty units.
(3)  Despite any other law, a person having possession of the fingerprints of a registrable person provided under, or used for the purposes of, this Division is not required to destroy those fingerprints before the registrable person ceases to have reporting obligations.
Note.
 Part 7B of the Crimes (Forensic Procedures) Act 2000 provides for the carrying out of certain other forensic procedures (including carrying out of buccal swabs and taking samples of hair other than pubic hair) on persons required to comply with the reporting obligations under this Act.
12I   Reporting by remote offenders
(1)  This section applies if a registrable person resides more than 100 kilometres from the nearest police station that is not a restricted police station.
(2)  A registrable person need not comply with a time limit concerning the making of a report in person under this Part if:
(a)  the person, or another person entitled to make the report on the person’s behalf, contacts the Commissioner of Police before the time limit expires, and
(b)  the Commissioner of Police agrees to allow the report to be made at a specific time that is after the time limit and at a specific place, and
(c)  before the time limit expires the person provides the Commissioner of Police by telephone or other means with the information required to be reported under this Part.
(3)  The Commissioner of Police must ensure that there is a method of recording all agreements made under this section.
(4)  Without limiting subsection (3), the recording method adopted must result in the creation of a written record:
(a)  that is identified by a unique reference number, and
(b)  that identifies when and where each agreement was made, and
(c)  that identifies the person who enters into any agreement, and
(d)  that contains the terms of any agreement.
(5)  If an agreement is made under this section, the Commissioner of Police must ensure that the registrable person is provided with the reference number required by subsection (4) (a).
(6)  The Commissioner of Police must ensure that there is a method of recording all information provided under subsection (2).