The sex offenders register in the NT (Northern Territory) is known as the Child Protection Offender Register. The purpose of this Register is to reduce the chances that convicted sex offenders will be able to re-offend and to help the police in their investigation of, and prosecution for, any future offences that those persons might commit.
The law that deals with the Register and the persons on it is the Child Protection (Offender Reporting and Registration) Act and the Child Protection (Offender Reporting and Registration) Regulations. Any person in the NT who, since 11 April 2004, has been sentenced for a reportable offence, or who has been made the subject of an offender reporting order anywhere outside of the NT, is placed on the Register and has reporting obligations. Failing to comply with those obligations carries penalties of up to $14,100 or 2 years’ imprisonment.
The information on the Offenders Register cannot be accessed by the general public. It is available only to authorised persons, and may only be shared or disclosed to others who are similarly authorised.
Registrable offences are generally of 2 types (class 1 or class 2 offences), though other offences may also result in the making of an offender reporting order.
Class one offences include:
- sexual intercourse with a child under 16
- gross indecency involving a child under 16
- sexual intercourse or gross indecency of a disabled person by anyone who is providing a service to that person
- sexual relationship with a child
- murder or manslaughter of a child
- deceptive recruiting for sexual services.
Class two offences:
- possession of child pornography
- possession and publishing of certain articles containing indecent images
- sexual intercourse or gross indecency involving a child over 16 under special care
- attempting to procure a child under the age of 16
- the enticement, abduction, or detention of child under 16 years for immoral purposes
- prostitution offences involving an infant.
When first reporting to Police, a person on the Sex Offenders Register in the NT must report:
- their name, along with any other name by which they have previously been known and when they were known as such
- their address or addresses – temporary or permanent
- their date of birth
- the names of any children who generally live at the same address or with whom they have regular unsupervised contact
- full details of their employment
- details of any affiliation with any organisation or club which allows child membership or the participation of children in its activities
- full details of any motor vehicle owned or driven by them
- details of permanent distinguishing marks and tattoos, including any that have been removed
- details of any convictions outside of the NT for a reportable offence or an offence that required them to report
- details of any time they have spent in custody anywhere for a reportable offence since being sentenced for this offence
- full details of any intended frequent travel to any destination
- all telephone numbers and email addresses they use or may use
- full details of any internet service used, including usernames and providers
- any other information required by the Regulations.
A person listed on the Sex Offenders Register in the NT must make an initial report to police:
- if the registrable offender is not in custody, within 7 days
- if they are in custody, within 7 days of their release and, if intending to leave the NT within those 7 days, before they leave
- if they are travelling to the NT, within 14 days of arriving in the Territory
- if a notice is received advising them that they must report, within 7 days of receiving that notice
- if, while in the NT, a person is convicted of a reportable offence in another jurisdiction, within 7 days of becoming a reportable offender.
The period over which a person on the Sex Offenders Register in the NT has to report is determined by the offence(s) for which they have been convicted.
A person convicted of a class 2 offence must report for 8 years. A person convicted of a class 1 offence, or multiple class 2 offences, must report for 15 years. If a person is convicted again for a registrable offence, then they must report for the rest of their life.
They must report:
- each year, during the same calendar month as they made their initial report
- if the registrable person has been in custody since the last report, details of when and where that custody occurred
- if the registrable person has any intention of travelling either within the state, outside of the state or internationally, full details of their travel plans.
This article reflects the state of the law as at 12 February 2016. 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.