Are the Sex Offenders Registry and Child Protection Register the same? – Crime

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The Sex Offenders Registry and the Child Protection Register are
the same, and is colloquially referred to as the ‘sex offenders
register’ which contain records of people who have been
sentenced for certain
child sex offences, as well as abduction, manslaughter, or
murder of a child. A person named on the sex offender registry is
commonly also called a registered sex offender or a registrable
person who is required to comply with reporting obligations for a
period that can range from 8 years to life. Click here for more on

age of consent in Australia.

Sex Offender Registry | Sexual Offenders List Australia

What is a sexual offender? A child sex offender is a
‘registrable person’ who is placed on the sex offender
registry, commonly known by the public as the sexual offenders list
or paedophile list. It is correctly called the NSW child protection
registry under the Child Protection (Offenders Registration) Act
2000 (NSW) (‘sex offender registration act’).

A registrable person is someone to whom the court has sentenced
in respect of either a class 1 offence, class 2 offence, or an
offence other than a class 1 or 2 offence that the court makes a
child protection registration order against. These offences whom a
person is sentenced for by a court are called ‘registrable
offences’.

The sex offender registry is what the commissioner of police is
required to establish and maintain in respect of a registrable
person which contains the registrable person’s details,
including, name, identifying particulars, details of the offence
he/she was found guilty of, date of their sentence, whether the
person is a child or has a special need or disability, and any
other information prescribed by the regulations.

A person who is put on the sex offender registry is required to
comply with reporting obligations to the commissioner of police.
The reporting obligations require the registrable person to report
the details outlined in section 9, and include:

• The person’s name, and any other name he or she is known
  by,




• The person’s date of birth, address of residence, and name
  and date of birth of any child who generally resides in the same
  household,




• The person’s work details, including address, nature of
  work, name of employer,




• Details of the person’s affiliation with any club or
  organisation that has child membership or child participation in
  its activities,




• Details of the person’s motor vehicle and registration
  number of same whether owned or hired, or generally driven by the
  person,




• Details of any tattoos or permanent distinguishing marks that
  the person has, including details of any marks or tattoos that has
  been removed,




• Any travel plans to leave the State or country,




• Details of the person’s mobile phone number, internet
  service provider, internet connections used, email addresses,
  internet usernames, instant messaging usernames, chat room
  usernames, or any other username or identity used, or intended to
  be used by the person through the internet or other electronic
  communication service.

What are Sex Offenders Not Allowed to do in Australia?

A registered sex offender is not allowed to travel overseas
without first obtaining approval from the Commissioner of Police. A
registered sex offender not only has ongoing reporting obligations
about their personal information, but they must provide details to
the commissioner of police as to their whereabouts. The whereabouts
details and personal information of a registered child sexual
offender can also be passed on to the Australian Federal Police and
overseas authorities.

The overseas authorities upon receiving this information may
decide to refuse entry into their country after being informed of
the registered child sex offenders’ relevant personal
information.

What is the Penalty if a Registered Sexual Offender Fails to
Report?

It is an offence if a person who is on the sex offender registry
fails to comply with their reporting obligations without a
reasonable excuse. It is equally an offence if that person gives
false or misleading information to the commissioner of police in
discharge of those reporting obligations. These offences each carry
a penalty of up to 5 years imprisonment and/or $55,000 fine,
prescribed by
sections 17 and 18 under the Sexual Offender Registration
Act.

What is the Defence for Failing to Report as a Registered
Sexual Offender?

If a registered sexual offender fails to report to the
commissioner of police when required to do so in compliance with
their reporting obligations under the sexual offender registration
act, an available defence is if there was a reasonable excuse for
failing to report pursuant to section 17(2) of the Sexual Offender
Registration Act. If this defence is successful, the registered
sexual offender will be acquitted of the charge of failing to
report.

In determining whether a registrable person had a reasonable
excuse for failing to comply with his or her reporting obligations,
the court will consider the factors such as age, disability that
affects the person’s ability to understand or comply with
obligations, whether the notification was adequate to inform the
person of the obligations to report, and any other matters the
court considers appropriate. It is a defence if the accused person
can establish on the balance of probabilities that at the time of
the offence, he or she had not received notice, and was otherwise
unaware of their reporting obligations.

Registrable Offences

The legislation which governs the Register is the Child
Protection (Offenders Registration) Act 2000 (NSW). The
offences which will lead to one being placed on the sexual
offenders list in Australia (the sex offender registry) are
referred to as ‘registerable offences’.

There are two types of ‘registerable offences’, referred
to as class 1 or class 2. Both classes include attempts,
conspiracies, and incitement related to the offences.

As well as those sentenced for a class 1 or class 2 offence, the
Court may also make an order for an offender to be on the Child
Protection Registration Order, if the offender is being sentenced
and the Court is satisfied that the person poses a risk to the
lives or sexual safety of children. The court will consider here
whether there is a risk that the person will engage in conduct that
may constitute a class 1 or class 2 offence against a child. It is
not necessary for the court to be able to identify a risk to any
particular child or class of children.

Class 1 offences include murder of a child, any offence
involving sexual intercourse with a child (including those
committed outside Australia and involving forced
self-manipulation), persistent sexual abuse of a child, and other
similar offences including those under foreign jurisdictions.

Class 2 offences include manslaughter of a child, as well as
sexual touching, committing a sexual act, procuring, or grooming a
child under 16 for unlawful sexual activity, child abduction, and
promoting child prostitution.

Class 1 offences are generally more serious sex offences than
class 2 offences.

The Public’s Right to Know About Sexual Predators

Can I Access Information on the Sex Offender Database? Unlike
America, Australia does not provide public access to child sex
offenders. Similarly to the United Kingdom, Australia follows the
UK model in which details regarding sex offenders are not published
but are kept on a private record often referred to as the sexual
offenders list, the sex offender registry or child protection
register which the Commissioner of Police keeps a record of.

New South Wales was the first state to introduce a child sex
offender register. Similar registers now exist across the country
in each state and territory, as well as a national database which
allows police to share information.

The Offence of Disclosing Information About a Registered Sex
Offender Person

The Commissioner of Police keeps all reportable
information about a registrable person (child sex offender) on
the child protection register. A person must not disclose this
information unless it is done with the consent of the registered
sex offender; a court order; with the consent of the commissioner
of police for purposes of ensuring the safety and protection of a
child; with the consent of the Minister; or otherwise authorised by
law. Therefore, it is an offence to unlawfully disclose information
contained on the sex offender database warranting a penalty of up
to 2 years imprisonment and/or $11,000 fine, pursuant to section
21E.

The Purpose of the Child Protection Register?

The purpose of the child protection register is maintaining the
safety of children from child sex predators.

If you are on the Register, you are required to report certain
details to the police. This includes your:

• name (including any aliases or prior names you may have been
  known by),




• date of birth,




• address you generally reside at (or, if you do not generally
  reside at any particular premises, the name of each of locality in
  which you can generally be found),




• name and date of birth of each child who generally resides in
  the same household,




• the nature of your work, the name of your employer, and
  address/es of your employment,




• details of your affiliation with any club or organisation that
  has child membership or child participation in its activities,




• the make, model, colour, and registration number of any motor
  vehicle owned or hired by, or generally driven by yourself,




• details of any tattoos or permanent distinguishing marks you
  have,




• details of any carriage service (i.e., refers to text, phone
  call, social media, and emails) (that you use or intend to use,
  including any phone numbers used, or intended to be used),




• details of any internet service provider or provider of a
  carriage service,




• details of the type of any internet connection used, or
  intended to be used, including whether the connection is a
  wireless, broadband, ADSL, or dial-up connection,




• details of any email addresses, internet usernames, instant
  messaging usernames, chat room usernames or any other username or
  identity used, or intended to be used, through the internet or
  other electronic communication service,




• details of your travel (if you intend to leave New South Wales
  at least once a month or for 14 or more consecutive days to travel
  elsewhere in Australia, or if you are travelling out of
  Australia),




• if you have been found guilty in any foreign jurisdiction of a
  registrable offence (including where that finding occurred, or that
  order was made), and




• if you have been in government custody since you were sentenced
  or released from government custody (as the case may be) in respect
  of a registrable offence or corresponding registrable offence,
  details of when or where that government custody occurred.

Child Sex Offender Reporting Obligations

If you are sentenced to full-time imprisonment, you are required
to first report to police within seven days of your release. If you
are not in custody when you are sentenced, you must report to the
police within seven days of the court date for sentence.

If you are a registrable person who enters New South Wales from
interstate or another country, you’re required to report within
7 days after entering and remaining in New South Wales for 14 or
more consecutive days, not counting any days spend in prison.

A registrable person must report his or her relevant personal
information to the Commissioner of Police before leaving New South
Wales unless the person entered NSW from a foreign jurisdiction and
remained in NSW for less than 14 consecutive days, not counting any
days spent in government custody.

Once this initial report is made, you must report each year to
police, as well as within 14-days of any change(s) in your personal
circumstances.

How Long is a Child Sex Offender Required to Report for?

The period which you are required to report for will depend on
the category of the offence.

For a single class 2 offence, a person is required to report for
eight years. For a single class 1 offence, or for two class 2
offences, the reporting period is 15 years.

However, it is important to note that 2 or more offences arising
from the same incident are to be treated as a single offence.

If you are a registerable person due to a class 1 offence, and
you commit a further registerable offence, you will be required to
report for the rest of your life. This is also applicable for those
who have committed a class 2 offence and subsequently commit a
class 1 offence.

A person’s reporting obligations can be suspended or exempt
through an application with NCAT under
section 16.

However, if you are under 18, the reporting period is half of
what it would ordinarily be. In the case of life, it is seven and a
half years.

The only exemptions include where:

• The registrable offence was dismissed under section 10 of the
  Crimes (Sentencing Procedure) Act 1999 (NSW) (i.e., a
  ‘non-conviction’) or a section 33(1)(a) of the Children
  (Criminal Proceedings) Act 1987 (NSW) (i.e., the
  Children’s Court equivalent), or




• The registrable offence involves a child defendant, and the
  child is convicted of a single offence involving an act of
  indecency, possession of child abuse material or filming for sexual
  gratitude.

It is an offence to fail to comply with any of the person’s
reporting obligations without reasonable excuse, as per section
17. This carries a maximum penalty of 5 years imprisonment
and/or a $55,000 fine.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.