Part 1 Preliminary
1 Name of regulation
This regulation is the Child Protection (Offenders Prohibition Orders) Regulation 2025.
2 Commencement
This regulation commences on 1 September 2025.Note—This regulation replaces the Child Protection (Offenders Prohibition Orders) Regulation 2018, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—corresponding prohibition order—see section 4.the Act means the Child Protection (Offenders Prohibition Orders) Act 2004.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Corresponding prohibition orders
4 Recognition of corresponding prohibition orders—the Act, s 19(2)(a)
The following orders are recognised as corresponding prohibition orders—(a) an order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland, Part 3A,(b) an order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory, Part 5,(c) an order under the Child Sex Offenders Registration Act 2006 of South Australia, Part 5C,(d) an order under the Community Protection (Offender Reporting) Act 2004 of Western Australia, Part 5,(e) an order under the Community Protection (Offender Reporting) Act 2005 of Tasmania, section 10A,(f) an order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory, Chapter 5A,(g) an order under the Criminal Procedure Act 1921 of South Australia, section 99AA,(h) an order under the Sex Offenders Registration Act 2004 of Victoria, Part 4A,(i) an order under the Sexual Offences Act 2003 of the United Kingdom, Part 2.
5 Modification of corresponding prohibition orders by original jurisdiction—the Act, s 19(2)(d)
If a court of a jurisdiction other than New South Wales varies or revokes a corresponding prohibition order made in the other jurisdiction, the variation or revocation applies to the extent the corresponding prohibition order has effect in New South Wales.
6 Effect of corresponding prohibition orders in New South Wales—the Act, s 19(2)(e)
(1) A corresponding prohibition order—(a) has the same effect as if it were a prohibition order, and(b) may be enforced in New South Wales against the person subject to the order as if it were a prohibition order made under the Act, and(c) has effect in New South Wales for the term of the order.(2) Subsection (1) does not enable an appeal under the Crimes (Appeal and Review) Act 2001 in relation to the decision to make the corresponding prohibition order.
7 Variation or revocation of corresponding prohibition orders—the Act, s 19(2)(f)
(1) The Commissioner of Police or a person subject to a corresponding prohibition order may apply to the Local Court to—(a) vary the order, other than to vary the term of the order, or(b) revoke the order.(2) A person subject to a corresponding prohibition order must not make an application under subsection (1) without the leave of the Local Court.(3) The Local Court must not grant leave unless satisfied that, having regard to changes in the applicant’s circumstances since the order was made or last varied, it is in the interests of justice that leave be granted.(4) The application must be accompanied by—(a) a copy of the corresponding prohibition order, and(b) a copy of all variations that have been made to the corresponding prohibition order.(5) The Local Court may determine the application—(a) by varying or revoking the corresponding prohibition order to the extent the order has effect in New South Wales, or(b) by dismissing the application.(6) The respondent to an application under this section is—(a) for an application by the Commissioner of Police—the person subject to the corresponding prohibition order, and(b) for an application by a person subject to the corresponding prohibition order—the Commissioner of Police.
8 Restriction on publication of identity—the Act, s 19(1)
(1) A person must not publish information that identifies, or is reasonably likely to enable the identification of—(a) a person as a person subject to a corresponding prohibition order, or(b) a person as a person at risk because of the conduct prohibited by a corresponding prohibition order.Maximum penalty—50 penalty units.(2) This section does not apply to—(a) information published with the authority of the Local Court, or(b) the publication by a person of the person’s own name, or(c) the publication of information to the following persons—(i) the person subject to the relevant corresponding prohibition order,(ii) another person, or class of persons, specified in the relevant corresponding prohibition order,(iii) a member of the NSW Police Force,(iv) a member of a law enforcement agency of the United Kingdom, the Commonwealth or another State or Territory, including the Australian Criminal Intelligence Commission, in that person’s official capacity,(v) a person involved in the administration of the relevant corresponding prohibition order,(vi) a member of staff of a government agency involved in the assessment and management of persons subject to corresponding prohibition orders,(vii) a person for the purposes of an investigation of an alleged breach of a corresponding prohibition order,(viii) a person involved in proceedings relating to an alleged breach of a corresponding prohibition order, or(d) information required or authorised to be published under another Act or law.
Part 3 Miscellaneous
9 Delegation of function of making applications in relation to orders against young registrable persons—the Act, s 17
For the Act, section 17, the police officer in charge of the Child Protection Register, established under the Child Protection (Offenders Registration) Act 2000, section 19, is prescribed.
10 Savings
An act, matter or thing that, immediately before the repeal of the Child Protection (Offenders Prohibition Orders) Regulation 2018, had effect under that regulation continues to have effect under this regulation.