Child Protection Register and CPPO's Post LECC review

Legal Aid NSW Criminal Law Division

In this podcast, solicitors Tim Khoo and Diane Elston discuss the Child Protection Register, Child Protection Prohibition Orders and some of the findings of the LECC review, ‘Operation Tusket’ into the NSW Child Protection Register (CPR).

Apart from a general overview of the legislative framework they discuss:

1. Why it is important for all practitioners to have a baseline knowledge of the CPR
2. How a person becomes a registrable person, and circumstances where practitioners can seek to avoid the registration of their clients, including the relatively new judicial discretion for children
3. Understanding the definition of a ‘single incident’ how it relates to registration and reporting periods
4. That ‘Operation Tusket’ revealed many errors made by the NSW Police in administering the CPR. The findings highlighted the need for practitioners to double check that their client has been registered appropriately and had their reporting period calculated accurately. They also discuss the practical measures to be taken if errors have been identified.
5. What a Child Protection Prohibition Order is and how it is different from CPR registration
6. Some practical tips for working with clients who are dealing with CPR issues

The fact sheet referenced in the podcast is able to be found on Legal Aid NSW Intranet along with Tim’s paper and also Diane's paper.

Tim Khoo is a Senior Solicitor at the Children’s Legal Service and is based in Parramatta. He has been working in the children’s criminal jurisdiction for many years and is an accredited Children’s Law Specialist.

Diane Elston is a Solicitor in the High Risk Offenders Unit. She is an Accredited Criminal Law Specialist and joined Legal Aid in 2019.