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This is a Bill, not an Act. For current law, see the Acts databases.
Child Protection (Nicole's Law) Bill
2009
No , 2009
A Bill for
An Act to require the public to be notified of the identity and residential address of
convicted child sex offenders; and for other purposes.
Clause 1 Child Protection (Nicole's Law) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Child Protection (Nicole's Law) Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Relationship to Child Protection (Offenders Registration) Act 2000 6
This Act is to be construed with, and as if it formed part of, the Child 7
Protection (Offenders Registration) Act 2000. 8
4 Definition 9
In this Act: 10
publishable information means any information required to be made 11
available by the Commissioner of Police under section 5. 12
5 Publication of certain information 13
(1) The Commissioner of Police must publish the following information 14
contained in the Register in respect to each registrable person: 15
(a) the person's name, together with any other name by which the 16
person is or has previously been known, 17
(b) in respect of each name other than the person's current name, the 18
period during which the person was known by that other name, 19
(c) the person's date of birth, 20
(d) a physical description of the person including their gender and 21
race, 22
(e) the person's most recent photograph, 23
(f) the suburb and postcode of the residential address of the person, 24
(g) for a registrable person found guilty of a Class 1 offence, the 25
person's full residential address, 26
(h) details of each Class 1 or Class 2 offence of which the person has 27
been found guilty or with which the person has been charged, 28
(i) details of each offence of which the person has been found guilty 29
that resulted in the making of a child protection registration order, 30
(j) the date on which the person was sentenced for any registrable 31
offence, 32
(k) the date on which the person ceased to be in government custody 33
in respect of a registrable offence, or entered or ceased to be in 34
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Child Protection (Nicole's Law) Bill 2009 Clause 6
government custody in respect of any offence during the person's 1
reporting period. 2
(2) The Commissioner of Police must ensure that publishable information: 3
(a) is made available on the website of the NSW Police Force, and 4
(b) can be viewed at each police station, free of charge, during 5
ordinary office hours. 6
6 Restriction on publishable information 7
(1) The Commissioner of Police must ensure that any publishable 8
information about a protected witness (that is, a person to whom 9
Division 5 of Part 3 of the Child Protection (Offenders Registration) Act 10
2000 applies) whose identity is apparent or can reasonably be 11
ascertained from that public information is not made available to the 12
public under section 5. 13
(2) The Commissioner of Police must ensure that publishable information 14
does not contain any information from which the identity of a victim of 15
a registrable offence can reasonably be ascertained. 16
(3) In this section, victim means a person against or in respect of whom a 17
registrable offence has been committed. 18
7 Withdrawal of publishable information 19
The Commissioner of Police must withdraw from publication any 20
information that relates to a registrable person when that person ceases 21
to be subject to reporting obligations under Part 3 of the Child 22
Protection (Offenders Registration) Act 2000. 23
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Child Protection (Nicole's Law) Bill 2009
Schedule 1 Consequential amendments to Child Protection (Offenders Registration) Act
2000 No 42
Schedule 1 Consequential amendments to Child
Protection (Offenders Registration) Act
2000 No 42
[1] Section 9 Relevant personal information to be reported
Omit section 9 (1) (i). Insert instead:
(i) details of the person's physical appearance including:
(i) the person's race, and
(ii) the person's gender, and
(iii) details of any tattoos or permanent distinguishing
marks that the person has (including details of any
tattoo or mark that has been removed), and
(iv) a photograph of the person taken within the previous
12 months,
[2] Section 20 Exclusion from personal liability
Insert "or the Child Protection (Nicole's Law) Act 2009" after "this Act".
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Child Protection (Nicole's Law) Act 2009
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