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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection Legislation Amendment
(Offenders Registration and Prohibition
Orders) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to permit the inspection by police, without notice or a warrant, of the residential premises
of persons who are registrable persons under the Child Protection (Offenders Registration)
Act 2000,
(b) to expand the conduct that can be the subject of a child protection prohibition order under
the Child Protection (Offenders Prohibition Orders) Act 2004 (the Principal Act) to
include, among other things, being a contractor, subcontractor, volunteer, trainee, religious
or spiritual leader or a member of a religious organisation,
(c) to increase the maximum penalty for the offence of failing to comply with a child protection
prohibition order and to provide for such an offence to be dealt with on indictment if the
prosecutor so elects,
(d) to permit a contact prohibition order under the Principal Act to be made if the
Commissioner of Police and the person who is to be subject to the order both consent to it
being made,
(e) to limit the persons to whom the Commissioner of Police can delegate his or her functions
of applying for certain orders under the Principal Act against persons under 18 years of age.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
b2013-094-31.d11
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Explanatory note
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Child Protection (Offenders
Prohibition Orders) Act 2004 No 46
Schedule 1 [1] provides that child protection prohibition orders under the Child Protection
(Offenders Prohibition Orders) Act 2004 (the Principal Act) may prohibit a person from being a
worker of a specified kind. This replaces a provision that referred to employment. The use of the
term "worker" is the same as that used in the Child Protection (Working with Children) Act 2012
and is broader in scope than "employee". Worker includes employees, self-employed persons,
contractors, subcontractors, volunteers, trainees, religious or spiritual leaders and other members
of religious organisations.
Schedule 1 [2] increases the penalty for the offence of contravening a prohibition order. The
maximum penalty is to increase from $11,000 or imprisonment for 2 years (or both) to $55,000 or
imprisonment for 5 years (or both). Schedule 1 [3] provides that it is a defence to the offence of
contravening a prohibition order if it is established that the person charged with the offence had
not received a copy of the order and was otherwise unaware of the person's obligations under the
order. Schedule 1 [6] and [7] provide (in conjunction with Schedule 3) that this offence may be
dealt with summarily unless the prosecutor elects to have the offence dealt with on indictment.
Schedule 1 [4] permits a contact prohibition order to be made under the Principal Act if the
Commissioner of Police and the person who is to be subject to the order both consent to it being
made. Currently a contact prohibition order can only be made if the Local Court is satisfied that
there are sufficient grounds for making the order.
Schedule 1 [5] prohibits the Commissioner of Police from delegating certain functions unless the
delegation is made to a police officer, or to police officers of a class, prescribed by the regulations.
The relevant functions are making an application for (or an application for a variation or
revocation of) a prohibition order or contact prohibition order against a person who is registrable
under the Child Protection (Offenders Registration) Act 2000 (a registrable person) and who is
under 18 years of age.
Schedule 1 [9] permits regulations to be made containing savings or transitional provisions
consequent on the enactment of the Principal Act or any Act that amends the Principal Act.
Schedule 1 [12] inserts savings and transitional provisions consequent on the enactment of the
proposed Act. Schedule 1 [8], [10] and [11] insert a number of headings into Schedule 2 (Savings
and transitional provisions) to the Principal Act.
Schedule 2 Amendment of Child Protection (Offenders
Registration) Act 2000 No 42
Schedule 2 [1] gives police officers the power to enter and inspect residential premises at which
a registrable person generally resides for the purposes of verifying personal information reported
by the registrable person. Entry and inspection may be made without prior notice or a warrant. The
power may be exercised in respect of any particular residential premises of a registrable person
once in the 28-day period following the making of an initial report by the registrable person under
Division 2 of Part 3 of the Child Protection (Offenders Registration) Act 2000 (the Principal Act).
The power may also be exercised once again in the first year following the making of the initial
report and then once each year after that until the relevant reporting period of the registrable
person expires. A registrable person is required to allow a police officer to enter and inspect any
residential premises of the registrable person and is required to co-operate with the police officer
with respect to that entry and inspection. These requirements are part of a registrable person's
reporting obligations. Section 17 of the Principal Act contains an offence with a maximum penalty
of $55,000 or imprisonment for 5 years (or both) if a registrable person fails to comply with the
person's reporting obligations. The power to enter and inspect is not exercisable in respect of any
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Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Explanatory note
part of residential premises that is occupied exclusively by a person other than the registrable
person unless the police officer exercising the power has reasonable grounds for suspecting that
the part of the premises is used by the registrable person.
Schedule 2 [2] permits regulations to be made containing savings or transitional provisions
consequent on the enactment of the Principal Act or any Act that amends that Act. Schedule 2 [3]
inserts a savings and transitional provision.
Schedule 3 Amendment of Criminal Procedure Act 1986
No 209
Schedule 3 amends the Criminal Procedure Act 1986 to provide (in conjunction with the
amendments in Schedule 1 [6] and [7]) that an offence under section 13 of the Child Protection
(Offenders Prohibition Orders) Act 2004 may be dealt with summarily unless the prosecutor
elects to have the offence dealt with on indictment.
Page 3
First print
New South Wales
Child Protection Legislation Amendment
(Offenders Registration and Prohibition
Orders) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Child Protection (Offenders Prohibition Orders) Act
2004 No 46 3
Schedule 2 Amendment of Child Protection (Offenders Registration) Act 2000
No 42 5
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 7
b2013-094-31.d11
New South Wales
Child Protection Legislation Amendment
(Offenders Registration and Prohibition
Orders) Bill 2013
No , 2013
A Bill for
An Act to amend the Child Protection (Offenders Prohibition Orders) Act 2004 with respect to
orders under that Act; to amend the Child Protection (Offenders Registration) Act 2000 with
respect to inspections by police officers of the residential premises of registrable persons; and for
other purposes.
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Child Protection Legislation Amendment (Offenders Registration and 3
Prohibition Orders) Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Schedule 1 Amendment of Child Protection (Offenders Prohibition Orders) Act 2004 No 46
Schedule 1 Amendment of Child Protection (Offenders 1
Prohibition Orders) Act 2004 No 46 2
[1] Section 8 Conduct that may be subject of orders 3
Omit section 8 (1) (d). Insert instead: 4
(d) being a worker (within the meaning of the Child Protection (Working 5
with Children) Act 2012) of a specified kind. 6
[2] Section 13 Contravention of orders 7
Omit "100 penalty units or imprisonment for 2 years" from section 13 (1). 8
Insert instead "500 penalty units or imprisonment for 5 years". 9
[3] Section 13 (1A) 10
Insert after section 13 (1): 11
(1A) It is a defence to proceedings for an offence under this section if it is 12
established by or on behalf of the person charged with the offence that, at the 13
time the offence is alleged to have occurred, the person had not received a 14
copy of the prohibition order and was otherwise unaware of the person's 15
obligations under the order. 16
[4] Section 16C Local Court may make contact prohibition order 17
Omit section 16C (1). Insert instead: 18
(1) The Local Court may make a contact prohibition order against a registrable 19
person if: 20
(a) it is satisfied that there are sufficient grounds for making the order, or 21
(b) the Commissioner of Police and the registrable person consent to the 22
making of the order. 23
[5] Section 17 24
Omit the section. Insert instead: 25
17 Applications for orders against young registrable persons 26
The Commissioner of Police may not delegate (under section 31 of the Police 27
Act 1990) any of the following functions unless the delegation is made to a 28
police officer, or to police officers of a class, prescribed by the regulations: 29
(a) making an application for a prohibition order or contact prohibition 30
order against a young registrable person, 31
(b) making an application to vary or revoke a prohibition order or contact 32
prohibition order against a young registrable person. 33
[6] Section 20 Nature of proceedings for offences 34
Insert "(except an offence under section 13)" after "this Act". 35
[7] Section 20 (2) 36
Insert at the end of section 20: 37
(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary 38
disposal of certain indictable offences unless an election is made to proceed on 39
indictment) applies to and in respect of an offence under section 13. 40
Page 3
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Schedule 1 Amendment of Child Protection (Offenders Prohibition Orders) Act 2004 No 46
[8] Schedule 2 Savings and transitional provisions 1
Insert before clause 1: 2
Part 1 General 3
[9] Schedule 2, clause 1 (1) 4
Omit the subclause. Insert instead: 5
(1) The regulations may contain provisions of a savings or transitional nature 6
consequent on the enactment of this Act or any Act that amends this Act. 7
[10] Schedule 2, Part 2, heading 8
Insert after clause 1: 9
Part 2 Provisions consequent on enactment of this Act 10
[11] Schedule 2, Part 3, heading 11
Insert after clause 2: 12
Part 3 Provisions consequent on enactment of Child 13
Protection Legislation (Registrable Persons) 14
Amendment Act 2009 15
[12] Schedule 2, Part 4 16
Insert after clause 3: 17
Part 4 Provisions consequent on enactment of Child 18
Protection Legislation Amendment (Offenders 19
Registration and Prohibition Orders) Act 2013 20
4 Definition 21
In this Part: 22
amending Act means the Child Protection Legislation Amendment (Offenders 23
Registration and Prohibition Orders) Act 2013. 24
5 Contravention of orders 25
Section 13, as in force immediately before its amendment by the amending 26
Act, continues to apply in respect of a contravention that occurred before that 27
amendment. 28
6 Contact prohibition orders 29
Section 16C (1), as substituted by the amending Act, does not apply in respect 30
of an application that was made before the commencement of that substitution. 31
7 Applications for orders against young registrable persons 32
Section 17, as in force immediately before its substitution by the amending 33
Act, continues to apply in respect of an application referred to in that section 34
that was made before that substitution. 35
Page 4
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Schedule 2 Amendment of Child Protection (Offenders Registration) Act 2000 No 42
Schedule 2 Amendment of Child Protection (Offenders 1
Registration) Act 2000 No 42 2
[1] Part 3, Division 7A 3
Insert after Division 7: 4
Division 7A Entry by police to residential premises 5
16C Entry by police officers to verify residence 6
(1) One or more police officers may, without prior notice, enter and inspect any 7
residential premises of a registrable person for the purpose of verifying any 8
relevant personal information reported by the registrable person under 9
section 9. 10
Note. Section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 11
applies in respect of any such entry (see, particularly, section 201 (3) (c) of that Act). 12
(2) The power of entry and inspection under this section may be exercised in 13
respect of any particular residential premises of a registrable person: 14
(a) twice during the first 12-month period following the making of an initial 15
report by the registrable person under Division 2 (only one of which 16
may be exercised after the period of 28 days following the making of 17
that report), and 18
(b) once during each following 12-month period. 19
(3) A power may not be exercised under this section if the relevant reporting 20
period of the registrable person has expired. 21
(4) A registrable person must allow a police officer to enter and inspect any 22
residential premises of the registrable person under this section and must 23
co-operate with any such police officer with respect to that entry and 24
inspection. 25
(5) For the avoidance of doubt, an obligation imposed on a registrable person 26
under subsection (4) is a reporting obligation of the registrable person. 27
(6) A power is not exercisable under this section in respect of any part of 28
residential premises that is occupied exclusively by a person other than the 29
registrable person unless the police officer exercising the power has 30
reasonable grounds for suspecting that the part of the premises is used by the 31
registrable person. 32
(7) In this section: 33
residential premises of a registrable person means premises identified by the 34
registrable person under section 9 (1) (d) as an address at which the registrable 35
person generally resides. 36
[2] Schedule 2 Savings, transitional and other provisions 37
Omit clause 1 (1). Insert instead: 38
(1) The regulations may contain provisions of a savings or transitional nature 39
consequent on the enactment of this Act or any Act that amends this Act. 40
Page 5
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Schedule 2 Amendment of Child Protection (Offenders Registration) Act 2000 No 42
[3] Schedule 2, Part 9 1
Insert after Part 8: 2
Part 9 Provisions consequent on enactment of Child 3
Protection Legislation Amendment (Offenders 4
Registration and Prohibition Orders) Act 2013 5
21 Entry by police to residential premises 6
The powers under section 16C may be exercised in respect of residential 7
premises of a registrable person even if the initial report was made by the 8
registrable person before the commencement of that section. 9
Page 6
Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013 [NSW]
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209
Schedule 3 Amendment of Criminal Procedure Act 1986 1
No 209 2
Schedule 1 Indictable offences triable summarily 3
Insert before clause 23 in Table 2: 4
22A Child Protection (Offenders Prohibition Orders) Act 2004 5
An offence under section 13 of the Child Protection (Offenders Prohibition 6
Orders) Act 2004. 7
Page 7
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