The law that deals with the Child Sex Offenders Register in the ACT (Australian Capital Territory) is the Crimes (Child Sex Offenders) Act 2005. The register requires some people who have committed sexual offences to update police as to their whereabouts and their personal details for a set period of time.
The register is intended to:
- reduce the likelihood of the person re-offending
- help with the investigation and prosecution of any offences in the future
- stop registrable offenders from working in child-related employment
- stop registrable offenders from taking part in conduct that might risk the lives or sexual safety of children.
Any person who is:
- given a child sex registration order or
- sentenced for a registrable offence
can be placed on the Child Sex Offenders Register in the ACT.
There are 2 categories of registrable offences for the purposes of the Child Sex Register in the ACT: class 1 and class 2.
For class 2 offences, offenders must report for 8 years. For class 1 offences or for those convicted of 2 class 2 offences, offenders must report for 15 years. If a person is convicted of multiple offences, they must report for the rest of their life.
Class 1 includes:
- sexual intercourse with a child
- sexual intercourse with a child under 16 outside of Australia
- murder (of a child)
- sexual assault (of a child)
- having a sexual relationship with a young person
- encouraging or benefiting from child sex tourism.
Class 2 includes:
- an act of indecency against a child
- abduction of a child
- using a child for making pornography
- trading in, importing, exporting or having child pornography
- using the internet to deprave a child or young person
- prostitution offences involving children
- trafficking of children
- using a carriage or telecommunications service to procure or groom a child under 16.
A person who is named on the Child Sex Offenders Register in the ACT must report:
- their name, including aliases or past names, and the times that they were known by that name
- date of birth
- the address where they usually live or where they can usually be found
- if they are living with, or have unsupervised contact with, children, the names and ages of the children
- details of their employment including the name and address of their employer and the address/es at which they work
- details of any organisation or club with which they are involved that has child membership or participation
- details of any motor vehicle they own or drive
- details of any tattoo or distinguishing mark they have or have had
- if they have been convicted of a corresponding registrable offence outside of the ACT, details of the offence, the conviction, and the orders made
- if they have ever been subject to a corresponding child sex offender registration order made outside of the ACT, details of the order, the conviction, and the orders that were made
- if they have been in custody or have been released from custody since being sentenced for this offence, details of when and where
- if they intend to travel outside of the ACT but within Australia on an average of at least once a month, the frequency of the travel and their destinations
- if they have ever been under a similar prohibition order made outside of the ACT, details of the order made and when and where it was made
- details of any carriage or internet service or service provider that they use
- details of the kind of any internet connection that they use.
If the person who has to report is not in custody when they are sentenced for the registrable offence, they must report within 7 days of being sentenced, or, if they are in custody, within 7 days of the day of their release.
They must attend in person to the chief police officer at a place which has been authorised for reporting.
The person must then report every year unless:
- they are in custody
- they are outside of the state or
- they have been excused from reporting.
They must also report if they plan to leave the ACT for more than 7 days, or if any of their information changes, and they must give full details of the changes.
The penalties for not complying with a reporting obligation are $36,000.00 or imprisonment for 2 years, or both.
This article reflects the state of the law as at 18 December 2015. It is intended to be of a general nature only and does not constitute legal advice. If you require legal assistance, please telephone 1300 636 846 or request a consultation at gotocourt.com.au.