2006
2006
2006-12-05
act
government
publicspecial
act.reprint
allinforce
2006-11-15
2006-11-15
0
2006-12-05
act-2006-109
2006
none
act-2006-109
5c10bd58-4ed2-404a-9e1b-025faa338c5b
b9528ef6-dbe8-4078-b760-dd5ee47ee1fe
Note—
The Act was repealed by sec 4 (1) of this Act
with effect from 5.12.2006.
An Act to amend the Parliamentary Electorates and Elections Act
1912 to require candidates for election to disclose child
sexual offences and certain other child-related conduct; and for other
purposes.
1Name of
Act
This Act is the Parliamentary
Electorates and Elections Amendment (Child Sexual Offences Disclosures) Act
2006.
2Commencement
This Act commences on the date of assent to this
Act.
3Amendment of Parliamentary Electorates and Elections Act 1912
No 41
The Parliamentary
Electorates and Elections Act 1912 is amended as set out
in Schedule 1.
4Repeal of
Act
(1)
This Act is repealed on the day following the day
on which this Act commences.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedule 1Amendments
(Section 3)
[1]Section 79 Nomination of
Assembly candidates
Insert before section 79 (4A):
(4AA)
A nomination paper of a candidate for election
under this section must be accompanied by a child-related conduct declaration
that complies with section 81L.
[2]Section 79
(4A)
Insert “(including subsection (4AA))”
after “this section”.
[3]Section 81B Nomination of
Council candidates
Insert after section 81B (4):
(4A)
A nomination paper of a candidate for election
under this section must be accompanied by a child-related conduct declaration
that complies with section 81L.
[4]Section 81B
(6)
Insert “(including subsection (4A))”
after “this section”.
[5]Part 5, Division
5A
Insert after Division 5 of Part 5:
Division 5AChild sexual offences etc
disclosures by candidates for the Assembly or Council
81JApplication of
Division
This Division applies to a child-related conduct
declaration that is required to accompany the nomination paper of a candidate
for election to the Assembly or the Council.
81KDefinitions
(1)
In this Division:
child
sexual offence means:
(a)
an offence involving sexual activity or acts of
indecency that was committed in New South Wales and that was punishable by
penal servitude or imprisonment for 12 months or more, and that was committed
against, with or in the presence of a child (including a child pornography
offence that is so punishable), or
(b)
an offence involving sexual activity or acts of
indecency, that was committed elsewhere and that would have been an offence
punishable by penal servitude or imprisonment for 12 months or more if
committed in New South Wales, and that was committed against, with or in the
presence of a child (including a child pornography offence that is so
punishable), or
(c)
an offence under section 80D or 80E of the
Crimes Act 1900, where the person
against whom the offence is committed is a child, or
(d)
an offence under sections 91D–91G of the
Crimes Act 1900 (other than if committed
by a child prostitute) or a similar offence under a law other than a law of
New South Wales, or
(e)
an offence under section 91H, 578B or 578C (2A)
of the Crimes Act 1900 or
a similar offence under a law other than a law of New South Wales,
or
(f)
an offence an element of which is an intention to
commit an offence referred to in the preceding paragraphs,
or
(g)
an offence of attempting, or of conspiracy or
incitement, to commit an offence referred to in the preceding
paragraphs.
conviction includes a finding that
the charge for an offence is proven, or that a person is guilty of an offence,
even though the court does not proceed to a conviction, but does not include a
conviction that is quashed by any court.
CYP
Commission—see section 81M (2).
murder includes an offence of murder
committed outside New South Wales or an offence of attempting, or of
conspiracy or incitement, to commit murder.
Presiding
Officer means the President of the Legislative Council or
Speaker of the Legislative Assembly.
relevant
apprehended violence order means a relevant apprehended
violence order, within the meaning of Part 7 of the Commission for Children and Young People Act
1998, that was made by a court for the protection of a
child from sexual activity or acts of indecency.
(2)
An offence that was a child sexual offence at the
time of its commission is not a child sexual offence for the purposes of this
Division if the conduct constituting the offence has ceased to be an offence
in New South Wales.
(3)
An offence involving sexual activity or an act of
indecency is not a child sexual offence for the purposes of this Division if
the conduct constituting the offence:
(a)
occurred in a public place,
and
(b)
would not have constituted an offence in New
South Wales if the place were not a public place.
(4)
For the purposes of this Division, section 579 of
the Crimes Act 1900 does not apply to or in
respect of a child sexual offence.
81LChild-related conduct
declarations
(1)
A child-related conduct declaration is to
state:
(a)
whether or not the candidate has ever been
convicted of the murder of a child or of a child sexual offence,
and
(b)
whether or not any criminal proceedings have ever
been commenced against the candidate for the murder of a child, or for a child
sexual offence, other than proceedings relating to a conviction disclosed
under paragraph (a), and
(c)
whether or not any relevant apprehended violence
order has ever been made against the candidate.
(2)
The child-related conduct declaration is to
identify any such conviction, proceedings or order.
(3)
A child-related conduct declaration is to be in
such form (if any) as is prescribed by the regulations.
(4)
A candidate who makes a child-related conduct
declaration knowing it to be false, or not believing it to be true, is guilty
of an indictable offence.
Maximum penalty (subsection (4)): Imprisonment
for 5 years.
81MDuties of Electoral
Commissioner with respect to child-related conduct
declarations
(1)
The Electoral Commissioner must cause a copy of a
child-related conduct declaration received by the Commissioner or a returning
officer to be made public in such manner as the Commissioner thinks
fit.
(2)
The Electoral Commissioner must provide a copy of
the child-related conduct declarations of those candidates elected at an
election to the Commission for Children and Young People (the CYP
Commission).
81NDuties of CYP Commission with
respect to child-related conduct declarations
(1)
The CYP Commission must, as soon as practicable
after receiving a copy of a child-related conduct declaration under section
81M, audit the accuracy of the declaration.
(2)
For the purpose of carrying out an audit, the CYP
Commission:
(a)
may exercise any of the functions it has under
Part 7 of the Commission for Children and Young
People Act 1998, and
(b)
has the same protections as are conferred by that
Act on the Commission when exercising its functions under that
Part.
(3)
If the CYP Commission has reason to believe that
a child-related conduct declaration is inaccurate, the Commission must consult
with the member of Parliament concerned before making a report on the
audit.
(4)
The CYP Commission must present a report on the
result of audits carried out by it after an election to the Presiding Officer
of the House of Parliament to which the members concerned have been elected. A
copy of a report furnished to the Presiding Officer of a House of Parliament
is to be laid before that House as soon as practicable after it is received by
the Presiding Officer.
Note—
Section 81P provides for the procedure where a
House of Parliament is not sitting when a report is
presented.
(5)
The CYP Commission may, if the Commission thinks
it appropriate to do so, report on the results of any such audits over more
than one report.
81OUnauthorised disclosure or
dishonest disclosure of information
(1)
A person must not directly or indirectly disclose
any information obtained by the person in connection with the conduct of an
audit or consultation under section 81N, unless the disclosure:
(a)
is made in good faith for the purposes of the
audit or consultation, 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 for the purpose of providing information
to the Commissioner of Police in connection with a possible criminal offence,
or
(e)
is made for the purposes of exercising a function
under this Division, or
(f)
is made for the purpose of reporting to the
Director-General of the Department of Community Services that a child may be
at risk of harm.
(2)
A person who dishonestly obtains confidential
information relating to the conduct of an audit or consultation under section
81N is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment
for 6 months, or both.
81PReports presented to Presiding
Officer of House of Parliament
(1)
If a House of Parliament is not sitting when the
CYP Commission presents a report under section 81N to the Presiding Officer of
the House, the Presiding Officer is to make the report public instead of
laying the report before the House.
(2)
A report that is made public by the Presiding
Officer of a House of Parliament:
(a)
is, for all purposes, taken to have been laid
before the House, and
(b)
is to be printed by authority of the Presiding
Officer of the House, and
(c)
is, for all purposes, taken to be a document
published by order or under the authority of the House,
and
(d)
is to be recorded:
(i)
in the case of the Council, in the Minutes of the
Proceedings of the Legislative Council, and
(ii)
in the case of the Assembly, in the Votes and
Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of
the report by the Presiding Officer.
[6]Section 183 Proceedings for
offences
Insert after section 183 (3):
(4)
Subsection (1) does not apply to proceedings for
an offence that is declared by this Act to be an indictable
offence.
Historical
notes
Table of amending
instruments
Parliamentary
Electorates and Elections Amendment (Child Sexual Offences Disclosures) Act
2006 No 109. Second reading speech made: Legislative
Assembly, 15.11.2006; Legislative Council, 21.11.2006. Assented to 4.12.2006.
Date of commencement, assent, sec 2.