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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 10:56)
Part 4
Part 4 Miscellaneous
20   Exclusion of personal liability
An act or omission that a person does or omits to do in good faith in the administration or execution of this Act does not subject the person personally to any action, liability, claim or demand.
20A   Application of reporting obligations to persons subject to child protection prohibition orders
(1)  If a prohibition order (within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004) is made against a registrable person, the reporting obligations of the registrable person recommence or continue to apply to the registrable person for the term of the order, despite any other provision of this Act.
(2)  Subsection (1) does not affect any period of the application of reporting obligations to a registrable person under this Act that exceeds the period for which a prohibition order is in force.
(3)  A person whose reporting obligations are recommenced by this section must notify the Commissioner of Police of the person’s relevant personal information not later than 28 days after the order is made or within such other period as the regulations may prescribe.
(4)  The regulations may prescribe the manner in which information is to be notified under this section.
(5)    (Repealed)
21   Proceedings for offences
(1)  Proceedings for an offence against this Act, except an offence under section 17, 18 or 19E, are to be dealt with summarily.
(2)  Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 17, 18 or 19E.
21A   Certificate evidence
(1)  In proceedings under this Act, a certificate signed by the Commissioner of Police, or a member of the NSW Police Force holding a position designated in writing by the Commissioner of Police for the purposes of this section, certifying that the Register:
(a)  at any particular date contained information specified in the certificate, or
(b)  indicated that, during any particular period, a specified person failed to notify information as required by this Act,
is evidence (unless evidence to the contrary is adduced) of the particulars certified in the certificate.
(2)  Not more than 3 positions are to be designated at any one time under subsection (1).
(3)  For the purposes of this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.
21B   Time limit for prosecutions waived
Despite anything to the contrary in the Criminal Procedure Act 1986, a proceeding for an offence under this Act may be commenced at any time.
21C   Effect of spent convictions
(1)  The fact that an offence in respect of which a registrable person has been found guilty becomes spent does not affect:
(a)  the status of the offence as a registrable offence for the purposes of this Act in respect of the person, or
(b)  any reporting obligations of the person.
(2)  For the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable person is permitted not to disclose the fact that the person was convicted or found guilty of the offence.
21D   Permitted disclosure of information concerning registrable persons
(1)  A government agency may disclose information concerning a registrable person to the Commissioner of Police or a supervising authority.
(2)  This section has effect despite any other law.
21E   Prohibited disclosure of information concerning registrable persons
A person must not disclose any information relating to a registrable person obtained in connection with the administration or execution of this Act, unless the disclosure:
(a)  is made in connection with the administration or execution of this Act or a corresponding Act or for law enforcement purposes, or
(b)  is made with the consent of the person to whom the information relates, or
(c)  is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or
(d)  is made with the consent of the Commissioner of Police given (either generally or in a particular case) for the purposes of ensuring the safety or protection of a child or of children generally, or
(e)  is made to the Minister or with the consent of the Minister (given in a particular case), or
(f)  is authorised or required by or under this Act or any other law.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
22   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A)  In particular, regulations may be made for or with respect to the following:
(a)  matters incidental to the making of reports under Part 3, including:
(i)  the manner and form in which a report must be made, and
(ii)  the nature of any verifying documentation or evidence to be produced in support of any such report,
(b)  the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable persons,
(c)  the manner in which a notice or other document may be given under this Act,
(d)  the manner and form in which the Register is to be established and maintained, including the manner and form in which information is to be entered in the Register,
(e)  requiring or permitting the Commissioner of Police to remove specified information, or information of a specified class, from the Register,
(f)  the notification of reporting obligations to registrable persons, including:
(i)  permitting the person notifying a registrable person to ask the person to acknowledge being given the notice, and
(ii)  making special provision for the notification of registrable persons who are children or who have disabilities or other special needs, and
(iii)  permitting or requiring a person or body to be notified of a registrable person’s status as a child or person who has a special need or disability to facilitate notification and reporting, and
(iv)  providing for the notification to be given to a carer of, or a person nominated by, a registrable person who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations, and
(v)  requiring that a registrable person be given additional information to that required by this Act, and
(vi)  requiring a person or body to provide specified information to registrable persons concerning their reporting obligations, and
(vii)  requiring a person or body to inform the Commissioner of Police:
(A)  that a registrable person has left the custody or control of the person or body, and
(B)  that the person or body has given specified information to a registrable person, and
(C)  that, in the opinion of the person or body, a registrable person does or does not have the legal capacity to understand specified information, and
(viii)  requiring a person or body to give to the Commissioner of Police any acknowledgment by a registrable person of the receipt of a notice or any other specified information that is held by the person or body,
(g)  requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period.
(2)  A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
(3)  The regulations may require the functions under section 4, 4A, 5 or 6 of a court or supervising authority (a primary authority) to be exercised:
(a)  in relation to the functions of a court:
(i)  by a supervising authority, or
(ii)  by the Commissioner of Police, or
(b)  in relation to the functions of a supervising authority:
(i)  by the sentencing court, or
(ii)  by some other supervising authority, or
(iii)  by the Commissioner of Police,
(the secondary authority), but only with the concurrence of the Minister responsible for the primary authority and the Minister responsible for the secondary authority.
23   (Repealed)
24   Savings, transitional and other provisions
Schedule 2 has effect.
25   (Repealed)
26   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Child Protection (Offenders Registration) Amendment Act 2007.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament as soon as possible after the review is completed.