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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Parliamentary Electorates and
Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Parliamentary Electorates and Elections
Act 1912 No 41 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Parliamentary Electorates and
Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Act No , 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.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Parliamentary Electorates and Elections Amendment (Child Sexual
Clause 1 Offences Disclosures) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Parliamentary Electorates and Elections Amendment
(Child Sexual Offences Disclosures) Act 2006.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Parliamentary Electorates and Elections Act 1912 No 41
The Parliamentary Electorates and Elections Act 1912 is amended as
set out in Schedule 1.
4 Repeal 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(1) This Act is repealed on the day following the day on which this Act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.
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(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 5A Child sexual offences etc disclosures by
candidates for the Assembly or Council
81J Application 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.
81K Definitions
(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
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Schedule 1 Amendments
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.
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Amendments Schedule 1
(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.
81L Child-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.
81M Duties 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).
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Schedule 1 Amendments
81N Duties 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.
81O Unauthorised 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
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Amendments Schedule 1
(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.
81P Reports 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.
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Parliamentary Electorates and Elections Amendment (Child Sexual
Offences Disclosures) Bill 2006
Schedule 1 Amendments
[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.
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