This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 21(1): With the exception of the Table 1 offences, proceedings for an offence against this Act are to be dealt with summarily.

Section 21(2): Offences under ss 17 (failing to comply with reporting obligations), 18 (furnishing false or misleading information) and 19E are Table 2 offences for the purposes of the CP Act (s 268, Sch 1). The maximum penalty that the Local Court may impose for offences under ss 17 and 18 is 100 pu and/or 2 yrs: s 268(2)(l).

Evidence

Section 21A: A certificate signed by the Commissioner of Police, or a member of NSW Police designated by the Commissioner, is prima facie evidence.

Commencement of proceedings

Section 21B: Despite anything to the contrary in the CP Act, a proceeding for an offence under this Act may be commenced at any time.

Child protection registration orders

Section 3D(1): If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence (defined in s 3), it may order that the person comply with the reporting obligations in the Act.

Section 3E(1): The Local Court may, on application by the Commissioner of Police, order a person who has been sentenced by a court of NSW in respect of an offence that is not a Class 1 offence or a Class 2 offence (defined in s 3) to comply with the reporting obligations under the Act. An order can only be made if the person poses a risk to the lives or sexual safety of one or more children, or of children generally, and the sentence imposed for the relevant offence was not an order under s 10 Crimes (Sentencing Procedure) Act 1999 or s 33(1)(a) Children (Criminal Proceedings) Act 1987: s 3E(2).

The enquiry regarding the risk under s 3E(2) is constrained by s 3AA. Generally, a conclusion about the existence of a risk should be based on something stronger than a police officer’s speculation or suspicion: O’Neill v Commissioner of Police [2020] NSWSC 1805 at [12].

A risk is posed if there is a risk the person will engage in conduct that may constitute a Class 1 or Class 2 offence against or in respect of a child or children: s 3AA(1). The following factors must be taken into account in determining such a risk:

Where the person has not previously been convicted of any offence relevant to child safety, substantial evidence is required before an order should be made: O’Neill v Commissioner of Police at [6]–[7]. Unless the case involves past convictions for offences of a sexual or violent nature against children, or proof of significant, unequivocal past misconduct towards children, making a decision as to the level of risk may be without a report from a psychologist or psychiatrist: [6]–[7].