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Contents (2000 - 42)
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Child Protection (Offenders Registration) Act 2000 No 42
Current version for 22 November 2019 to date (accessed 29 January 2020 at 10:06)
Part 3 Division 7
Division 7 Suspension and extension of reporting obligations
15   Suspension and extension of reporting obligations
(1)  A registrable person’s reporting obligations are suspended for any period during which—
(a)  the person is in government custody, or
(b)  the person is outside New South Wales unless the person is a person to whom Division 5 applies or the obligation is under section 11B, or
(c)  the person is the subject of an order in force under section 16 (or an equivalent order in a foreign jurisdiction), or
(d)  the person is the subject of an interim supervision order or extended supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017.
(2)  The period for which a registrable person’s reporting obligations continue is extended by the length of time for which those obligations are suspended from time to time under subsection (1) (a).
(3)  The period for which a registrable person’s reporting obligations continue is extended by the length of time for which those obligations are suspended from time to time under subsection (1) (b) if, during the time in which the obligations are suspended, the registrable person—
(a)  is travelling outside Australia for one month or more or is resident outside Australia, and
(b)  is not required to report under any corresponding Act.
(4)  The period for which a registrable person’s reporting obligations continue is extended by any countable period during which the person is in breach of the person’s reporting obligations.
(5)  For the purposes of subsection (4), a countable period occurs when a person fails to make an initial report under Division 2, or an annual report under section 10, within one month after the day on which the report was due to be made. In such a case the countable period—
(a)  commences one month after the report was due to be made, and
(b)  finishes when the person reports the person’s relevant personal information to the Commissioner of Police, and
(c)  does not include any period during which the person’s reporting obligations are suspended.
16   NCAT may exempt persons from compliance with reporting obligations
(1)  This section applies to a registrable person—
(a)  who is required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life, or
(b)  whose reporting period has been extended under section 15 (3) (whether or not he or she is a person referred to in paragraph (a)).
(2)  If (in the case of a registrable person referred to in subsection (1) (a))—
(a)  a period of 15 years has passed (ignoring any period during which the registrable person was in government custody) since the person was last sentenced or released from government custody in respect of a registrable offence or a corresponding registrable offence, whichever is the later, and
(b)  the person did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of such a period in New South Wales, and
(c)  the person is not subject to parole or licence in respect of a registrable offence (whether in New South Wales or a foreign jurisdiction),
the person may apply to the Civil and Administrative Tribunal for an order suspending the person’s reporting obligations.
(3)  On the application of a registrable person referred to in subsection (2), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations.
(3A)  On the application of a registrable person referred to in subsection (1) (b), the Civil and Administrative Tribunal may make an order suspending the registrable person’s reporting obligations for the length of time by which the registrable person’s reporting period was extended under section 15 (3).
(4)  The Civil and Administrative Tribunal is not to make an order under this section unless it considers that the person the subject of the proposed order does not pose a risk to the safety of children.
(5)  In deciding whether to make an order under this section, the Civil and Administrative Tribunal is to take the following matters into account—
(a)  the seriousness of the registrable person’s registrable offences and corresponding registrable offences,
(b)  the period of time since those offences were committed,
(c)  the age of the registrable person, the age of the victims of those offences and the difference in age between the registrable person and the victims of those offences, as at the time those offences were committed,
(d)  the registrable person’s present age,
(e)  the registrable person’s total criminal record,
(f)  any other matter the Tribunal considers appropriate.
(6)  The Children’s Guardian is to be a party to any proceedings for an order under this section. The Children’s Guardian may make submissions in opposition to, or in support of, the making of the order.
(7)  As soon as practicable after receiving an application under this section, the Civil and Administrative Tribunal must notify the Children’s Guardian of the application.
(8)  The Civil and Administrative Tribunal must notify the Commissioner of Police of the terms of any order made under this section.
(9)  The Civil and Administrative Tribunal may not award costs in respect of proceedings under this section.
(10)  A party to proceedings under this section may appeal to the Supreme Court, on a question of law, from any decision of the Civil and Administrative Tribunal in the proceedings.
(11)  An applicant in respect of whom the Civil and Administrative Tribunal refuses to make an order under this section is not entitled to make a further application to the Tribunal until 5 years have elapsed from the date of the refusal, unless the Tribunal otherwise orders at the time of the refusal.
(12)  In this section, Children’s Guardian means the Children’s Guardian appointed under section 178 of the Children and Young Persons (Care and Protection) Act 1998.
16A   Cessation of order
(1)  An order made under section 16 ceases to have effect if, at any time after the making of the order, the registrable person—
(a)  is made subject to a child protection registration order or any other order prescribed by the regulations for the purposes of this section, or
(b)  is found guilty of a registrable offence, or
(c)  becomes a corresponding registrable person who must under section 19BC continue to comply with the reporting obligations imposed by this Part for any period.
(2)  An order that ceases to have effect in accordance with subsection (1) is revived if—
(a)  the finding of guilt that caused the order to cease to have effect is quashed or set aside by a court, or
(b)  the order ceased to have effect in accordance with subsection (1) (a) and the child protection registration order or other order prescribed by the regulations is quashed on appeal or the registrable person’s finding of guilt in respect of the offence that resulted in the making of that order is quashed or set aside by a court.
(3)  For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt or child protection registration order or other prescribed order referred to in this section.
16B   Application for new order
(1)  If an order ceases to have effect in accordance with section 16A, the registrable person may apply under section 16 for a new order.
(2)  Section 16 (11) does not apply with respect to an application referred to in subsection (1).
(3)  If an order ceases to have effect in accordance with section 16A (1) (b) or (c), on an application for a new order, section 16 (2) (a) applies as if the period referred to were a period of 15 years (ignoring any period during which the person was in government custody) since the person last committed a registrable offence or a corresponding registrable offence.