2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Offences against ACT legislation 95

Part 1.2 Offences against other legislation 98

Part 2.1 Offences against ACT legislation 100

Part 2.2 Offences against other legislation 103

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act about registration and reporting requirements for certain offenders who commit sexual offences against children, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Crimes (Child Sex Offenders) Act 2005.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘witness protection program—see the Witness Protection Act 1996, section 3.’ means that the term ‘witness protection program’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

(1) The purpose of this Act is to—

(a) require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time—

(i) to reduce the likelihood that they will reoffend; and

(ii) to facilitate the investigation and prosecution of future offences that they may commit; and

(b) prevent registrable offenders working in child-related employment.

(2) In outline, this Act—

(a) provides for the establishment of a child sex offenders register; and

(b) requires certain offenders who are sentenced for registrable offences to report particular personal details for inclusion in the child sex offenders register; and

(c) allows the sentencing court to order young offenders to comply with the reporting obligations of the Act; and

(d) requires the offenders to keep their details up to date, to report their details annually and to also report certain travel details; and

(e) imposes the reporting obligations for a period of between 4 years and life, depending on the number, severity and timing of the offences committed, and the age of the offender when an offence was committed; and

(f) allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and

(g) makes it an offence for registrable offenders to work in child-related employment; and

(h) authorises the ombudsman to monitor compliance with chapter 4 (Child sex offenders register).

(1) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following:

(a) a court making a formal finding of guilt in relation to the offence;

(b) a court accepting a plea of guilty from the person in relation to the offence;

(c) an offence being taken into account under the Crimes Act 1900, section 357 (which is about taking outstanding charges into account when passing sentence), or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law;

(d) an order (however described) being made in relation to the offence under—

(i) the Crimes Act 1900, section 402 (Conditional release of offenders without proceeding to conviction); or

(ii) the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction); or

(iii) a provision of a foreign law corresponding to a provision mentioned in subparagraph (i) or (ii);

(e) a finding (however expressed) under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7) of not guilty because of mental impairment, or a finding under a corresponding provision of a foreign law.

(2) For this Act, a reference to a finding of guilt (however expressed) in relation to an offence does not include a reference to—

(a) a finding of guilt mentioned in subsection (1) (c) if—

(i) the offence was taken into account under the Crimes Act 1900, section 357 in passing sentence for another offence; and

(ii) the decision to take the offence into account is subsequently quashed or set aside by a court; or

(b) a finding of guilt mentioned in subsection (1) (c) if—

(i) an admission (however described) was accepted in relation to the offence under a corresponding provision of a foreign law; and

(ii) the decision to accept the admission is subsequently quashed or set aside by a court; or

(c) in any other case—a finding of guilt that is subsequently quashed or set aside by a court.

(1) A person is a registrable offender if the person—

(a) is sentenced by a court for a registrable offence; or

(b) is the subject of a child sex offender registration order; or

(c) is a prescribed corresponding offender.

Note 1 Sentence is broadly defined for this Act (see dict, def sentence).

Note 2 This Act applies to people sentenced by a court of a foreign jurisdiction for certain offences against the law of that jurisdiction (see dict, def court and s 10, def registrable offence).

Note 3 This Act applies to certain people who are registrable offenders for corresponding laws of foreign jurisdictions, even though they are not registrable offenders under this Act (see div 3.2.3 (People required to report under corresponding law)).

(2) A person is also a registrable offender if—

(a) the person has been sentenced by a court for a registrable offence before the commencement of this Act; and

(b) the person is—

(i) a prescribed corresponding offender; or

(ii) a person who, because of a sentence for a registrable offence, was under the supervision of a supervising authority immediately before the commencement of this Act.

(3) This section is subject to the following sections:

• section 9 (Registrable offender—exceptions)

• section 13 (Effect of quashing of finding of guilt etc).

(1) A person is not a registrable offender only because—

(a) a court has made an order against the person for a class 1 or class 2 offence under—

(i) the Crimes Act 1900, section 402 (Conditional release of offenders without proceeding to conviction); or

(ii) the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction); or

(iii) a provision of a foreign law corresponding to a provision mentioned in subparagraph (i) or (ii); or

(b) the person has been sentenced for a single class 2 offence, and the sentence did not include—

(i) a term of imprisonment; or

(ii) a requirement that the person be under the supervision of a supervising authority or anyone else; or

(c) the person, as a young person, has been sentenced for—

(i) a single offence mentioned in schedule 2 (Class 2 offences), part 2.1 (Offences against ACT legislation), item 3, 4 or 9; or

(ii) a single class 1 or class 2 offence prescribed by regulation.

• sch 2, pt 2.1, item 3 is against the Crimes Act 1900, s 61 (1) (act of indecency with young person)

• sch 2, pt 2.1, item 4 is against the Crimes Act 1900, s 61 (2) (act of indecency with young person)

• sch 2, pt 2.1, item 9 is against the Crimes Act 1900, s 65 (1) (possessing child pornography).

(2) This section does not apply to a person who is a prescribed corresponding offender.

(3) In this section:

single offence includes a reference to more than 1 offence of the same kind arising from the same incident.

Note Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).

(1) In this Act:

registrable offence means—

(a) a class 1 offence; or

(b) a class 2 offence; or

(c) in relation to a person for whom a child sex offender registration order is made—an offence because of which the order was made.

(2) A class 1 offence is an offence mentioned in schedule 1, part 1.1 or part 1.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence.

(3) A class 2 offence is an offence mentioned in schedule 2, part 2.1 or part 2.2, column 2, committed in the circumstances (if any) mentioned in column 4 for the offence.

A person is a prescribed corresponding offender if the person—

(a) had at any time (whether before or after the commencement of this Act) been in a foreign jurisdiction and had, at that time, been required to report to the corresponding registrar of the jurisdiction for a longer period than the person would be required to report under this Act; and

(b) would, if the person were currently in the foreign jurisdiction, be required to report to the corresponding registrar of the jurisdiction for a longer period (the recognised foreign reporting period) than the person would be required to report under this Act; and

(c) is, under a regulation, a prescribed corresponding offender for this Act.

For this division, it is irrelevant whether or not a person may begin, or has begun, an appeal for a finding of guilt, sentence or child sex offender registration order.

(1) A person stops being a registrable offender if—

(a) the person is a registrable offender because of only a single finding of guilt for a registrable offence and either—

(i) the finding of guilt is quashed or set aside by a court; or

(ii) the person’s sentence for the offence is reduced or otherwise amended on appeal so that the person would have been a person mentioned in section 9 (1) (b) or (c) had the amended sentence been the original sentence; or

(b) the person is a registrable offender only because the person is subject to a child sex offender registration order and the order is quashed or set aside on appeal.

(2) However, the person does not stop being a registrable offender under subsection (1) (a) (i) if the court orders that the person be retried for the registrable offence.

A child sex offender registration order, in relation to a person, is—

(d) an order declaring that the person is a registrable offender for this Act; or

(e) a corresponding child sex offender registration order.

(1) If a person is found guilty of an offence that is not a class 1 or class 2 offence, the court sentencing the person for the offence may make a child sex offender registration order in relation to the person.

(2) This section is subject to the following sections:

• section 16 (Court may only make order if person risk to sexual safety)

• section 17 (Court may only make order with sentence)

• section 18 (Court may only make order on prosecution application).

(1) The court may make a child sex offender registration order only if, after taking into account anything the court considers appropriate, the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community.

(2) For subsection (1), it is not necessary that the court can identify a risk to particular people, or a particular class of people.

(1) The court may make a child sex offender registration order in relation to a person for an offence only if it imposes a sentence on the person for the offence, and must make the child sex offender registration order concurrent with the sentence.

(2) In this section:

sentence, for an offence, does not include an order against a person under—

(a) the Children and Young People Act 1999, section 96 (1) (a), (b), (f), (g) or (h) (Disposition of young offenders); or

(b) the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction).

The court may make a child sex offender registration order only if an application for the order is made by the prosecution.

In this Act:

reporting obligation, for a registrable offender, means the offender’s obligation under a reporting offence provision.

In this Act:

reporting offence means an offence against a provision of this chapter (a reporting offence provision).

Note The following provisions are reporting offence provisions:

• s 21 (Offence—offender in ACT at commencement of Act must report)

• s 22 (Offence—offender in custody at commencement of Act must report)

• s 23 (Offence—offender must report after sentencing)

• s 24 (Offence—offender entering ACT must report)

• s 25 (Offence—prescribed corresponding offender must report)

• s 28 (Offence—offender later sentenced for registrable offence must report)

• s 29 (Offence—offender who later becomes prescribed corresponding offender must report)

• s 30 (Offence—offender whose reporting suspension ceases must report)

• s 34 (Offence—offender entering ACT must make contact)

• s 37 (Offence—offender must report annually)

• s 42 (Offence—offender leaving ACT must report travel details)

• s 45 (Offence—offender outside ACT must report travel details)

• s 46 (Offence—offender outside ACT must report change of travel details)

• s 47 (Offence—offender must report return to ACT)

• s 48 (Offence—offender must report decision not to leave ACT)

• s 49 (Offence—offender must report regular travel)

• s 54 (Offence—offender in ACT must report change of details)

• s 55 (Offence—offender returning to ACT must report change of details)

• s 56 (Offence—offender leaving custody must report)

• s 70 (Offence—offender reporting in person must provide identification etc)

• s 71 (Offence—person reporting in person for offender must provide identification).

(1) A registrable offender commits an offence if—

(a) the offender is in the ACT immediately before the commencement of this Act; and

(b) the offender is not in government custody at the time; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) within 45 days after the day this Act commences (excluding days in government custody); or

(ii) if the offender leaves the ACT (other than in government custody) within the 45 days—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the 45 days.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) This section expires 2 years after it commences.

A registrable offender commits an offence if—

(a) the offender is in government custody immediately before the commencement of this Act; and

(b) the offender later stops being in government custody in the ACT; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(ii) if the offender leaves the ACT (other than in government custody) within the 7 days—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the 7 days.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender is sentenced in the ACT for a registrable offence; and

(b) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the offender is sentenced for the registrable offence—within 7 days after the day the offender is sentenced for the registrable offence (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender is sentenced for the registrable offence and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(c) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and

(b) the offender has not previously reported the offender’s personal details to the chief police officer; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A prescribed corresponding offender commits an offence if—

(a) the offender is in the ACT on the day the offender becomes a prescribed corresponding offender; and

(b) the offender has not previously reported the offender’s personal details to the chief police officer; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the offender becomes a prescribed corresponding offender—within 7 days after the day the offender becomes a prescribed corresponding offender (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

This division does not apply to a registrable offender if—

(a) the offender is a protected registrable offender; and

(b) the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and

(c) the offender makes the report when, where, and in a way, approved by the chief police officer.

A registrable offender commits an offence if—

(a) the offender’s reporting period has ended; and

(b) the offender is later sentenced in the ACT for a registrable offence (the later registrable offence); and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the offender is sentenced for the later registrable offence—within 7 days after the day the offender is sentenced for the later registrable offence (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender is sentenced for the later registrable offence and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(d) the offender’s reporting period in relation to the later registrable offence has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender’s reporting period has ended; and

(b) the offender is in the ACT on the day the offender later becomes a prescribed corresponding offender; and

(c) the offender has not previously reported the offender’s personal details to the chief police officer; and

(d) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the offender later becomes a prescribed corresponding offender—within 7 days after the day the offender later becomes a prescribed corresponding offender (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender later becomes a prescribed corresponding offender and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(e) the offender’s reporting period for the later offence has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender’s reporting obligations are suspended by a suspension order, or an equivalent order under a corresponding law; and

(b) the offender is in the ACT on the day the suspension order ceases to have effect under section 101 (Suspension order ceases if offender reoffends) or an equivalent provision of a corresponding law; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) if the offender is not in government custody on the day the suspension order ceases to have effect—within 7 days after the day the suspension order ceases to have effect (excluding days in government custody); or

(ii) if the offender is in government custody on the day the suspension order ceases to have effect and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

This division, other than section 30, does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

This division does not apply to a registrable offender if—

(a) the offender is a protected registrable offender; and

(b) the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and

(c) the offender makes the report when, where, and in a way, approved by the chief police officer.

(1) This section applies to a person (other than a protected registrable offender) if the person has, at any time, been required to report to a corresponding registrar.

(2) If the person enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody), the person must take all reasonable steps to contact (by telephone or another way prescribed by regulation) someone (a contact person) prescribed by regulation for this division—

(a) if the person is not in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or

(b) if the person is in government custody on the day the person has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(c) if the person leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT.

(3) If the person contacts a contact person, the contact person must tell the person—

(a) whether the person is a registrable offender for this Act; and

(b) if the person is a registrable offender—what the person’s reporting obligations are under this Act.

A registrable offender (other than a protected registrable offender) commits an offence if—

(a) the offender has, at any time, been required to report under this Act or a corresponding law; and

(b) the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and

(c) the offender does not take all reasonable steps to either—

(i) contact a contact person (by telephone or another way prescribed by regulation); or

(ii) report the offender’s personal details, in person, to the chief police officer at an approved reporting place; and

(d) the offender does not take all reasonable steps to make the contact or report—

(i) if the offender is not in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody)—within 7 days after that day (excluding days in government custody); or

(ii) if the offender is in government custody on the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody), and later stops being in government custody in the ACT—within 7 days after the day the offender stops being in government custody (excluding days in government custody); or

(iii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i) or (ii)—before leaving the ACT; and

(e) the offender’s reporting period has not ended before the end of the period within which the contact or report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

This division does not apply to a person who enters the ACT, and remains in the ACT, if the person has previously contacted (by telephone or another way prescribed by regulation) a contact person in relation to that entry into the ACT.

Section 34 does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

(1) A registrable offender commits an offence if—

(a) the offender does not take all reasonable steps to—

(i) report, each year, the offender’s personal details, in person, to the chief police officer at an approved reporting place; and

(ii) if the offender has been in government custody since the offender last reported under this Act—also report to the chief police officer details of when and where the custody happened; and

(b) the offender does not take all reasonable steps to make a report for a year before the end of the month (the offender’s reporting month) in the year when the anniversary of the day the offender first reported under this Act or a corresponding law falls; and

(c) the offender’s reporting period has not ended before the end of the offender’s reporting month in the year.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

J first reported his personal details to the chief police officer on 14 October 2005. This section requires J to make a further report of J’s details on or before 31 October 2006, 31 October 2007 (and so on).

Note 1 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2 For the offender’s personal details, see s 59.

Note 3 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 4 For approved reporting places, see s 64.

Note 5 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) For subsection (1) (c), if a registrable offender’s reporting period has ended, but the offender is then required to report again under division 3.2.2 (When registrable offender must make new initial report of personal details), the day when the offender first reported is taken to be the day when the offender first reported for the current reporting period.

This division does not apply to a registrable offender in relation to a year if the offender is in government custody at the end of the offender’s reporting month in that year.

J first reported his personal details to the chief police officer on 14 October 2005. However, J is in government custody from 1 October 2006 to 1 November 2006. Because of this section, J does not have to report his details on or before 31 October 2006. However, when J leaves custody, he will have to report any change to his personal details (see s 56).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

This division does not apply to a registrable offender in relation to a year if the offender is outside the ACT for the last 7 days of the offender’s reporting month in that year.

J first reported his personal details to the chief police officer on 14 October 2005. However, J is out of the ACT from 1 October 2006 to 1 November 2006. Because of this section, J does not have to report his details on or before 31 October 2006. However, J must report his intention to travel outside the ACT (see s 42) and, when J returns to the ACT for 7 days, he will have to report any change to his personal details (see s 55).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

This division does not apply to a registrable offender if—

(a) the offender is a protected registrable offender; and

(b) the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and

(c) the offender makes the report when, where, and in a way, approved by the chief police officer.

A registrable offender commits an offence if—

(a) the offender leaves the ACT; and

(b) the offender intends to travel—

(i) outside the ACT but within Australia for 7 or more consecutive days; or

(ii) outside Australia; and

(c) the offender does not take all reasonable steps to report the following details (the travel details), in person, to the chief police officer at least 7 days before leaving:

(i) each State, Territory or foreign country where the offender intends to go while outside the ACT;

(ii) the approximate dates when the offender intends to be in each State, Territory or foreign country;

(iii) each address or location in each State Territory or foreign country where the offender intends to live (to the extent that they are known) and the approximate dates when the offender intends to live at the addresses or locations;

(iv) if the offender intends to return to the ACT—the approximate date when the offender intends to return;

(v) if the offender does not intend to return to the ACT—a statement of that intention; and

(d) the offender’s reporting period has not ended before the offender leaves the ACT.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 2 For approved ways of reporting, see s 63.

Note 3 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

It is a defence to a prosecution of a registrable offender for an offence against section 42 if—

(a) circumstances make it impracticable for the registrable offender to make the report at least 7 days before leaving the ACT; and

(b) the offender makes the report at least 24 hours before leaving the ACT.

A registrable offender is not liable to be punished for an offence against section 42 in relation to travel if, in relation to the travel, the offender has been punished for failing to report the offender’s presence in a foreign jurisdiction as required under a corresponding law.

(1) A registrable offender commits an offence if—

(a) the offender is outside the ACT; and

(b) the offender decides to stay outside the ACT but within Australia for 7 or more days; and

(c) the offender does not take all reasonable steps to report the offender’s travel details (including details about the travel that has already been completed) to the chief police officer, in a way required under subsection (2), within 7 days after the day the decision is made; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) The registrable offender must make the report in 1 of the following ways:

(a) by sending it by prepaid post, addressed as required by regulation;

(b) by faxing it to a fax number prescribed by regulation;

(c) by emailing to an email address prescribed by regulation;

(d) in another way prescribed by regulation.

(3) In this section:

travel details, for travel by a registrable offender—see section 42 (c).

(1) A registrable offender commits an offence if—

(a) the offender is outside the ACT; and

(b) the offender decides to change any of the travel details given to the chief police officer; and

(c) the offender does not take all reasonable steps to report the changed travel details to the chief police officer, in a way required under subsection (2), within 7 days after the day the decision is made; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) The registrable offender must make the report in 1 of the following ways:

(a) by sending it by prepaid post, addressed as required by regulation;

(b) by faxing it to a fax number prescribed by regulation;

(c) by emailing to an email address prescribed by regulation;

(d) in another way prescribed by regulation.

(3) In this section:

travel details, for travel by a registrable offender—see section 42 (c).

A registrable offender commits an offence if—

(a) the offender reported the offender’s travel details under section 42 (Offence—offender leaving ACT must report travel details); and

(b) the offender leaves the ACT; and

(c) the offender returns to the ACT, and remains in the ACT for 7 consecutive days (excluding days in government custody); and

(d) the offender does not take all reasonable steps to report the offender’s return to the ACT to the chief police officer, in an approved way, within the 7 days; and

(e) the offender’s reporting period has not ended before the end of the 7 days.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).

Note 2 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender reported the offender’s travel details under section 42 (Offence—offender leaving ACT must report travel details) in relation to a proposed departure from the ACT; and

(b) the offender later decides not to leave the ACT; and

(c) the offender does not take all reasonable steps to report the change of decision to the chief police officer, in an approved way, within 7 days after the day the offender decides not to leave; and

(d) the offender’s reporting period has not ended before the end of the 7 days.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).

Note 2 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A registrable offender commits an offence if—

(a) the offender is required to make a report under a reporting offence provision; and

(b) the offender when making the report, intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence); and

(c) the offender does not take all reasonable steps to report the frequency and destinations of the travel, in general terms, to the chief police officer in an approved way.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 Reporting offence provision is defined in s 20.

Note 2 For approved ways of reporting, see s 63. Special provision is made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

This division applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the protected registrable offender generally lives.

This division does not apply to a registrable offender if—

(a) the offender is a protected registrable offender; and

(b) the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and

(c) the offender makes the report when, where, and in a way, approved by the chief police officer.

This division does not apply to a registrable offender in relation to a report if the offender is in government custody when the report is required to be made.

This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

(1) A registrable offender commits an offence if—

(a) any of the offender’s personal details change while the offender is in the ACT; and

(b) the offender does not take all reasonable steps to report the change to the chief police officer, in the way required under subsection (2), within 7 days after the day the change happens (excluding days in government custody); and

(c) the offender’s reporting period has not ended before the end of the 7 days.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) The registrable offender must report the change—

(a) in person, at an approved reporting place, if the report is about a change in relation to—

(i) the address of any of the premises where the offender generally lives or, if the offender does not generally live at a particular premises, the name of any of the localities where the offender can generally be found; or

(ii) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or

(b) for any other change—in an approved way.

Note 1 The personal details in s (2) (a) (i) and (ii) are required under s 59 (d) and (i).

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 For approved ways of reporting, see s 63.

(3) A change happens in the following personal details only at the end of the relevant 7-day period mentioned in section 60:

(a) the premises where the offender generally lives;

(b) the household in which the offender and a child generally live;

(c) when the offender has unsupervised contact with a child;

(d) the premises where the offender is generally employed;

(e) the motor vehicle that the offender generally drives.

(1) A registrable offender commits an offence if—

(a) any of the offender’s personal details change while the offender is outside the ACT; and

(b) the offender enters the ACT, and remains in the ACT for 7 or more consecutive days (excluding days in government custody); and

(c) the offender does not take all reasonable steps to report the change to the chief police officer, in the way required under subsection (2), within 7 days after the day the offender has been in the ACT for 7 consecutive days (excluding days in government custody); and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

(2) The registrable offender must report the change—

(a) in person, at an approved reporting place, if the report is about a change in relation to—

(i) the address of any of the premises where the offender generally lives or, if the offender does not generally live at a particular premises, the name of any of the localities where the offender can generally be found; or

(ii) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed); or

(b) for any other change—in an approved way.

Note 1 The personal details in s (2) (a) (i) and (ii) are required under s 59 (d) and (i).

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 For approved ways of reporting, see s 63.

(1) A registrable offender commits an offence if—

(a) the offender is in government custody for 7 or more consecutive days; and

(b) the offender leaves government custody in the ACT; and

(c) the offender does not take all reasonable steps to report the offender’s personal details, in person, to the chief police officer at an approved reporting place—

(i) within 7 days after the day the offender stops being in government custody in the ACT (excluding days in government custody); or

(ii) if the offender leaves the ACT (other than in government custody) within the 7 days mentioned in subparagraph (i)—before leaving the ACT; and

(d) the offender’s reporting period has not ended before the end of the period within which the report must be given.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 For the offender’s personal details, see s 59.

Note 2 A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person). However, special provision has been made for young offenders and offenders with a disability (see s 65 and s 66).

Note 3 For approved reporting places, see s 64.

Note 4 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

This division does not apply to a registrable offender during any period when the offender’s reporting obligations are suspended under section 97 (Supreme Court may make suspension order).

(1) Section 54 and section 56 do not apply to a registrable offender if—

(a) the offender is a protected registrable offender; and

(b) the offender reports such of the information that the offender is required to report under this division as the chief police officer requires the offender to report; and

(c) the offender makes the report when, where, and in a way, approved by the chief police officer.

(2) Section 55 does not apply to a registrable offender if the offender is a protected registrable offender.

In this Act:

personal details, for a registrable offender, means the following:

(a) the offender’s name, together with any other name by which the offender is, or has previously been, known;

(b) for each name other than the offender’s current name—the period when the offender was known by the other name;

(c) the offender’s date of birth;

(d) the address of each of the premises where the offender generally lives or, if the offender does not generally live at any particular premises, the name of each of the localities where the offender can generally be found;

(e) the names and ages of children—

(i) who generally live in the same household as the offender; or

(ii) with whom the offender has regular unsupervised contact;

(f) if the offender is employed—

(i) the nature of the offender’s employment; and

(ii) the name of the offender’s employer (if any); and

(iii) the address of each of the premises where the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities where the offender is generally employed;

(g) details of the offender’s affiliation with any club or organisation that has child membership or child participation in its activities;

(h) the make, model, colour, registration number, and any other particulars prescribed by regulation, of a motor vehicle owned by, or generally driven by, the offender;

(i) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed);

(j) if the offender has ever been found guilty of a corresponding registrable offence—details of—

(i) the offence; and

(ii) when and where the finding of guilt happened; and

(iii) any order made by a court in relation to the finding of guilt;

(k) if the offender has ever been found guilty under a corresponding law of an offence that required the offender to report to a corresponding registrar—details of—

(i) the offence; and

(ii) when and where the finding of guilt happened; and

(iii) any order made by a court in relation to the finding of guilt;

(l) if the offender has ever been subject to a corresponding child sex offender registration order—details of—

(i) the order; and

(ii) when and where the order was made; and

(iii) the offence because of which the order was made;

(m) if the offender has been in government custody since the offender was sentenced or released from government custody (as the case may be) for a registrable offence or corresponding registrable offence—details of when and where the government custody happened;

(n) if, when making the report, the offender intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence)—in general terms, the frequency and destinations of the travel.

For section 59—

(a) a registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and

(b) a child generally lives in the same household as a registrable offender only if they live together in the household for at least 7 days (whether or not consecutive) in a period of 12 months; and

(c) a registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 7 days (whether or not consecutive) in a period of 12 months; and

(d) a registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months; and

(e) a registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months.

(1) For section 59, a registrable offender is employed if the offender—

(a) carries out work under a contract of employment; or

(b) carries out work as a self-employed person or as a subcontractor; or

(c) carries out work as a volunteer for an organisation; or

(d) undertakes practical training as part of an educational or vocational course; or

(e) carries out work as a minister of religion or in another capacity for a religious organisation.

(2) For section 59, a person is an employer if the person—

(a) arranges, in the course of business, for the registrable offender to be employed by someone else; or

(b) engages the offender under contract to carry out work.

Section 59 applies to a protected registrable offender as if a reference to the ACT were a reference to the jurisdiction where the offender generally lives.

For this Act, a registrable offender makes a report in an approved way if the offender makes the report—

(a) in person; or

(b) in another way prescribed by regulation.

Note A registrable offender reports in person at a place only if the offender reports by personally attending at the place (see dict, def in person).

In this Act:

approved reporting place, for a registrable offender, means—

(a) if a direction is given to the offender under a regulation about a police station where the report is to be made—at the police station directed; or

(b) at another place prescribed by regulation.

(1) A registrable offender is taken to have made a report in person if—

(a) the offender is a young person; and

(b) 1 of the following people makes the report, in person, for the offender:

(i) a person with parental responsibility for the offender; or

(ii) if a person with parental responsibility for the offender is unavailable, or is unacceptable to the offender—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender; and

(c) the offender accompanies the person when the person makes the report.

(2) A registrable offender is taken to have made a report in another way if—

(a) the offender is a young person; and

(b) 1 of the following people makes the report in that way for the offender:

(i) a person with parental responsibility for the offender; or

(ii) if a person with parental responsibility for the offender is unavailable, or is unacceptable to the—someone else (other than a police officer) who can represent the interests of the offender and who is, as far as is practicable in the circumstances, acceptable to the offender.

(1) A registrable offender is taken to have made a report in person if—

(a) the offender has a disability that makes it impracticable for the offender to make a report in person; and

(b) 1 of the following people makes the report, in person, for the offender:

(i) the offender’s parent or guardian;

(ii) the offender’s carer;

(iii) someone else nominated by the offender; and

(c) the offender accompanies the person when the person makes the report (unless the offender’s disability makes it impracticable).

(2) A registrable offender is taken to have made a report in another way if—

(a) the registrable offender has a disability that makes it impracticable for the offender to make a report in that way; and

(b) 1 of the following people makes the report in that way for the offender:

(i) the offender’s parent or guardian;

(ii) the offender’s carer;

(iii) someone else nominated by the offender.

For a report made otherwise than in person, a regulation may prescribe—

(a) when information about the identity of the person making the report is required; and

(b) when a document verifying or supporting details in the report is required; and

(c) how the information mentioned in paragraph (a) or a document mentioned in paragraph (b) is to be provided.

Only a police officer approved for the purpose by the chief police officer may receive a report made under this chapter.

(1) A police officer receiving a report under this chapter may arrange for an interpreter to be available.

(2) A police officer receiving the report may allow an interpreter to be present only if the interpreter has signed an undertaking not to disclose information derived from the report unless required or authorised by law.

A registrable offender commits an offence if—

(a) the offender is required to make a report in person under a reporting offence provision; and

(b) the offender makes the report in person, or accompanies someone else who makes the report in person for the offender; and

(c) the offender or other person does not take all reasonable steps to—

(i) present for inspection the offender’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation to verify or support details in the report; and

(ii) provide a photograph of the offender’s head and face of a kind suitable for use in an Australian passport.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A person commits an offence if—

(a) an offender is required to make a report in person under a reporting offence provision; and

(b) the person makes the report, in person, for the offender; and

(c) the person does not take all reasonable steps to present for inspection the person’s Australian driver licence (if any) or another form of identification, or other document, prescribed by regulation for this section.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note 1 A person may make a report for an offender if the offender is a young person or has a disability that makes it impracticable for the offender to make a report in person (see s 65 and s 66).

Note 2 In deciding whether a person took all reasonable steps to do something, a court must have regard to the person’s age, any disability and whether the notice given to the person about the person’s obligations was adequate to tell the person about the relevant obligation (see s 116).

A police officer receiving a report under this chapter may copy a document presented to the police officer for inspection under section 70 or section 71.

A person making a report under this chapter in person is entitled to make the report outside the hearing of members of the public.

(1) A person making a report under this chapter in person is entitled to be accompanied by a support person of the person’s own choosing.

(2) A young person making a report under this chapter in person must be accompanied by—

(a) a person with parental responsibility for the young person; or

(b) if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.

(1) A police officer receiving a report made in person under this chapter may take, or may authorise someone else to take, the fingerprints of the registrable offender if the police officer—

(a) has examined all the material relating to identity provided or presented by, or for, the offender; but

(b) is not reasonably satisfied about the identity of the offender.

(2) A young person’s fingerprints may only be taken in the presence of—

(a) a person with parental responsibility for the young person; or

(b) if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.

(3) To remove any doubt, subsection (2) does not limit the people who may be present.

(4) This section does not apply to a young person who is under 16 years old.

Before a registrable offender’s fingerprints are taken under section 75, the police officer must tell the offender, in language likely to be understood by the offender—

(a) why the fingerprints are to be taken and why the police officer is not satisfied about the offender’s identity; and

(b) that it is an offence for the offender to fail to take all reasonable steps to allow the offender’s fingerprints to be taken; and

(c) that the fingerprints will be kept by the chief police officer.

A registrable offender commits an offence if—

(a) a police officer receiving a report decides, under section 75, to take, or authorise someone else to take, the fingerprints of the offender; and

(b) the offender fails to take all reasonable steps to allow the offender’s fingerprints to be taken.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(1) A police officer receiving a report made in person by or for a registrable offender under this chapter may, with the offender’s consent, arrange for the offender to be photographed.

(2) If the offender consents to being photographed, the police officer must ask the offender to sign a written acknowledgment (an acknowledgment of consent) stating—

(a) that the offender was told that consent may be refused; and

(b) that the offender consented to being photographed; and

(c) the time and date when consent was given.

(3) If the offender signs an acknowledgment of consent, the police officer must immediately give a copy to the offender.

(4) A court must find that the offender did not consent to being photographed if—

(a) the question of whether the offender consented to being photographed arises in a proceeding in the court; and

(b) an acknowledgment of consent for the photography is not produced in evidence; and

(c) it is not proved that the offender consented to being photographed.

(5) A police officer cannot, under this section, ask a registrable offender who is to be photographed to expose for that purpose—

(a) the offender’s genitals; or

(b) the anal area of the offender’s buttocks; or

(c) if the offender is female, or a transgender or intersex person who identifies as female—the offender’s breasts.

Note Transgender person is defined in the Legislation Act, s 169A.

Intersex person is defined in the Legislation Act, s 169B.

(1) A photograph taken under section 78 must be taken—

(a) in a place where no members of the public are present; and

(b) by a person of the same sex as the registrable offender.

(2) A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender.

(3) If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section.

(4) If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.

(1) A registrable offender to be photographed under section 78 is entitled to be accompanied by a support person of the offender’s choosing.

(2) A young person to be photographed under section 78 must be accompanied by—

(a) a person with parental responsibility for the young person; or

(b) if a person with parental responsibility for the young person is unavailable, or is unacceptable to the young person—someone else (other than a police officer) who can represent the interests of the young person and who is, as far as is practicable in the circumstances, acceptable to the young person.

(1) A police officer who receives a report under this chapter must acknowledge the making of the report as soon as practicable, but no later than 14 days after the day the police officer receives the report.

(2) The acknowledgment must—

(a) be in writing; and

(b) be given to the person who made the report; and

(c) include the name and signature of the police officer who received the report; and

(d) state how the report was made; and

(e) state the date and time when the report was received; and

(f) if the report was made in person—state the place where the report was made; and

(g) include a copy of the information reported.

(3) The chief police officer must ensure that a copy of every acknowledgment is kept.

(1) The chief police officer may, during a registrable offender’s reporting period, keep for law enforcement, crime prevention or child protection purposes any of the following taken under this part from, or in relation to, the offender:

(a) copies of documents;

(b) fingerprints;

(c) photographs.

(2) At the end of the registrable offender’s reporting period, the chief police officer must ensure that any item that is being kept under subsection (1) is destroyed.

A registrable offender’s reporting period for a registrable offence begins at the later of the following times:

(a) when the offender is sentenced for the offence;

(b) when the offender stops being in government custody for the offence.

If the only registrable offence that a registrable offender has ever been found guilty of is a single class 1 offence, the offender’s reporting period is 15 years.

If the only registrable offence that a registrable offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 8 years.

If the only registrable offences that a registrable offender has ever been found guilty of are 2 class 2 offences, the offender’s reporting period is 15 years.

(1) If a registrable offender has been found guilty of 2 registrable offences and 1 or both of the offences is a class 1 offence, the registrable offender’s reporting period is the rest of the offender’s life.

(2) If a registrable offender has been found guilty of more than 2 registrable offences, the offender’s reporting period is the rest of the offender’s life.

Note A life-long reporting obligation may be suspended under s 97 (Supreme Court may make suspension order).

A reference to an offence in any of the following sections includes an offence committed before the commencement of the section:

(a) section 84 (Reporting period—single class 1 offence—15 years);

(b) section 85 (Reporting period—single class 2 offence—8 years);

(c) section 86 (Reporting period—2 class 2 offences—15 years);

(d) section 87 (Reporting period—multiple offences—life).

(1) If a registrable offender was a young person when the offender committed each registrable offence, the offender’s reporting period is 7¹/2 years.

(2) However, if the only registrable offence that the offender has ever been found guilty of is a single class 2 offence, the offender’s reporting period is 4 years.

(1) For this part, 2 or more offences arising from the same incident are to be treated as a single offence.

(2) For this part, 2 or more offences arising from the same incident are to be treated as a single class 1 offence if 1 or more of the offences is a class 1 offence.

Note Offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person (see dict, def same incident).

For this part, if a court makes a child sex offender registration order in relation to a person for an offence, the person is taken to be a registrable offender found guilty of a class 2 offence.

Note A court may make a child sex offender registration order if a person is found guilty of an offence that is not a class 1 or class 2 offence and the court is satisfied that the person poses a risk to the sexual safety of 1 or more people or of the community (see s 15).

(1) This section applies if—

(a) a registrable offender is on parole for a registrable offence; and

(b) the reporting period for the offence will end before the end of the term of the sentence of imprisonment to which the parole relates.

(2) Despite anything in this part, the registrable offender’s reporting period is extended until the end of the term of imprisonment to which the parole relates.

If a registrable offender spends time in government custody, the offender’s reporting period is extended by the length of time the offender is in custody.

(1) Despite anything in this part, a prescribed corresponding offender’s reporting period is the recognised foreign reporting period mentioned in section 11 (b) (Who is a prescribed corresponding offender?) for the offender.

(2) If the prescribed corresponding offender is a prescribed corresponding offender under a law of more than 1 foreign jurisdiction, the offender’s reporting period is the longest recognised foreign reporting period.

This part applies only to a registrable offender whose reporting period under part 3.5 (Reporting periods) is the rest of the offender’s life.

A registrable offender is eligible to apply for an order suspending the offender’s reporting obligations (a suspension order) only if—

(a) 15 years have passed (excluding days in government custody) since the offender was last sentenced or released from government custody for a registrable offence or a corresponding registrable offence, whichever is later; and

(b) the offender did not become the subject of a life-long reporting period under a corresponding law while in a foreign jurisdiction before becoming the subject of a life-long reporting period in the ACT; and

(c) the offender is not on parole for a registrable offence.

(1) This section applies if a registrable offender is eligible to apply for a suspension order.

(2) On application by the offender, the Supreme Court may make a suspension order.

(3) The court may make the order only if satisfied that the registrable offender does not pose a risk to the sexual safety of 1 or more people or of the community.

(4) In deciding whether to make the order, the court must take into account—

(a) the seriousness of the offender’s registrable offences and corresponding registrable offences; and

(b) the period of time since the offences were committed; and

(c) the age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims of the offences, when the offences were committed; and

(d) the offender’s present age; and

(e) the offender’s total criminal record.

(5) Subsection (4) does not limit the matters the court may take into account.

The chief police officer is a party to an application for a suspension order and may make submissions to the Supreme Court in relation to the application.

The Supreme Court may not award costs for a proceeding under this part.

If the Supreme Court refuses to make a suspension order in relation to a registrable offender, the offender is not eligible to reapply for a suspension order for 5 years after the day of the refusal, unless the court otherwise orders when refusing to make the order.

Note However, this section does not apply if a suspension order ceases to have effect under s 101 (1) (see s 102).

(1) A suspension order made for a registrable offender ceases to have effect if, after the order is made, the offender—

(a) is found guilty of a registrable offence; or

(b) is made the subject of a child sex offender registration order; or

(c) becomes a prescribed corresponding offender.

Note If an offender’s reporting obligations are suspended and the suspension order ceases to have effect, the offender must report the offender’s personal details to the chief police officer at an approved reporting place within the time stated in s 30 (Offence—offender whose reporting suspension ceases must report).

(2) A suspension order that has ceased to have effect under subsection (1) is revived if—

(a) the finding of guilt because of which the order ceased to have effect is quashed or set aside by a court; or

(b) the order ceased to have effect under subsection (1) (b) and the child sex offender registration order is quashed on appeal or the registrable offender’s finding of guilt for the offence because of which the child sex offender registration order is made is quashed or set aside by a court.

(3) For this section, it is irrelevant whether or not a registrable offender may begin, or has begun, an appeal in relation to a finding of guilt or a child sex offender registration order.

(1) If a suspension order made for a registrable offender ceases to have effect under section 101 (1), the offender may apply for a new order.

(2) Section 100 (Unsuccessful applicant cannot reapply for 5 years) does not apply to the application.

(3) If a suspension order made for a registrable offender ceases to have effect under section 101 (1) (b) or (c), and the offender applies for a new suspension order, section 96 (a) (Eligibility for offender to apply for suspension order) applies as if the 15-year period mentioned were a period of 15 years (excluding days in government custody) since the registrable offender last committed a registrable offence or a corresponding registrable offence.

In this Act:

reporting obligations notice, for a registrable offender, means a written notice stating—

(a) the offender’s reporting obligations; and

(b) the consequences that may arise if the offender does not take all reasonable steps to comply with the obligations.

(1) An entity prescribed by regulation for this section must give a registrable offender a reporting obligations notice as soon as practicable, but no later than 14 days after the day any of the following events happen:

(a) the offender is sentenced for a registrable offence;

(b) the offender is released from government custody (whether or not the person was in government custody for a registrable offence);

(c) the offender enters the ACT, and remains in the ACT for 7 days, if the offender has not previously been given notice of the offender’s reporting obligations in the ACT;

(d) the offender becomes a prescribed corresponding offender, if the offender is in the ACT at the time.

(2) An entity is not required to give a reporting obligations notice if the notice has been given by someone else.

(3) Despite anything in this part, a regulation may provide that a reporting obligations notice is not required to state the registrable offender’s reporting period if the regulation requires a notice containing that information to be given when the offender reports the offender’s personal details in person under this chapter.

The chief police officer may, at any time, give a registrable offender a reporting obligations notice.

(1) This section applies if a court—

(a) makes a order or imposes a sentence that has the effect of making a person a registrable offender for this Act; or

(b) imposes a sentence on a person in relation to a registrable offence; or

(c) makes a order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act.

a court on appeal quashes a finding of guilt in relation to a registrable offence for which a person had been sentenced and the offence was the only registrable offence for which the person had ever been found guilty

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The court must give the chief police officer written notice of the order or sentence as soon as practicable.

(3) In this section:

court does not include a court of a foreign jurisdiction.

(1) This section applies to a registrable offender whose reporting period has changed since the offender was last told of the offender’s reporting period in the ACT.

(2) The chief police officer must give written notice to the registrable offender as soon as practicable after the change, and in no case later than the time the offender next reports under this Act.

(1) This section applies if a registrable offender—

(a) stops being in government custody, irrespective of the reason the offender was in custody; or

(b) stops being subject to a community service order, irrespective of the reason the offender was subject to the order; or

(c) stops being subject to a good behaviour bond, irrespective of the reason the offender was subject to the bond; or

(d) stops being subject to a condition of parole requiring the offender to be subject to supervision, irrespective of the reason the offender was on parole; or

(e) becomes a registrable offender prescribed by regulation for this section.

(2) The supervising authority must give written notice of an event mentioned in subsection (1) to the chief police officer as soon as practicable, but no later than 14 days after the day the event happens.

(3) The notice must include any details prescribed by regulation.

(4) In this section:

good behaviour bond means an order made under the Crimes Act 1900, section 403 (1) (a) (Conditional release of offenders).

A failure by a person other than a registrable offender to comply with a procedural requirement imposed on the person by this chapter or by regulation does not, of itself, affect an offender’s reporting obligations.

(1) A person is a protected registrable offender if the person is—

(a) a registrable offender who is—

(i) a participant in the witness protection program; or

(ii) the subject of a protected registrable offender declaration in force under this part; or

(b) a foreign protected witness.

(2) In this section:

foreign protected witness means a person who—

(a) is receiving protection under a law of a foreign jurisdiction that—

(i) provides for the protection of witnesses; and

(ii) is prescribed by regulation for this subsection; or

(b) has the same status under a corresponding law as a person mentioned in paragraph (a).

(1) If a registrable offender is a participant in the witness protection program and stops being a participant in the program, the chief police officer must declare that the offender is either—

(a) a protected registrable offender (a protected registrable offender declaration); or

(b) not a protected registrable offender (an unprotected registrable offender declaration).

(2) The chief police officer must take all reasonable steps to tell the registrable offender about the declaration.

(1) Within 28 days after the registrable offender is told about the making of an unprotected registrable offender declaration, the offender may apply in writing to the chief police officer for review of the declaration.

(2) On receiving an application for a review, the chief police officer must review the declaration, and confirm or reverse it.

(3) Before making a decision on the application, the chief police officer must give the registrable offender a reasonable opportunity to state the offender’s case.

(4) After deciding the application, the chief police officer must give written notice of the decision to the registrable offender.

(1) If the chief police officer decides to confirm an unprotected registrable offender declaration under section 112 (2), the notice of the decision must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(2) In particular, the notice must tell the offender—

(a) that the offender may apply to the administrative appeals tribunal for review of the decision, and how the application must be made; and

(b) about the options available under other territory laws to have the decision reviewed by a court or the ombudsman.

A registrable offender may apply to the AAT for review of a decision under section 112 (2) by the chief police officer to confirm an unprotected registrable offender declaration.

(1) A protected registrable offender declaration takes effect immediately.

(2) An unprotected registrable offender declaration made for a registrable offender takes effect on the later of the following days:

(a) at the end of 28 days after the day the offender is told about the making of the declaration;

(b) if the offender applies to the chief police officer for review of the declaration under section 112 (1)—at the end of 7 days after the day notice of the decision on the review is given to the offender under section 112 (4);

(c) if the offender applies to the AAT under section 114 for review of the confirmation of an unprotected registrable offender declaration—on the day the AAT decides the appeal.

(1) In deciding whether a person took all reasonable steps to comply with a reporting obligation imposed on a person by a reporting offence, the court hearing the proceeding must have regard to—

(a) the person’s age; and

(b) whether the person has a disability that affects the person’s ability to understand, or to comply with, the obligation; and

(c) whether the form of notice given to the person about the person’s obligations under this Act was adequate to tell the person about the obligation, having regard to the person’s circumstances.

(2) Subsection (2) does not limit the matters to which the court may have regard.

(1) The chief police officer must establish a register of sex offenders (the child sex offenders register), or arrange for another entity to establish the child sex offenders register.

(2) The child sex offenders register must contain the following information about each registrable offender (to the extent that it is known by the chief police officer):

(a) the offender’s name and other identifying particulars;

(b) details of each class 1 and class 2 offence of which the offender has been found guilty or with which the offender has been charged;

(c) details of each offence of which the offender has been found guilty that resulted in the making of a child sex offender registration order;

(d) the date the offender was sentenced for each registrable offence;

(e) the date the offender ceased to be in government custody for a registrable offence, or entered or ceased to be in government custody for a offence during the offender’s reporting period;

(f) any information reported for the offender under chapter 3 (Reporting).

(3) The child sex offenders register may also contain any other information that the chief police officer considers appropriate.

(1) The chief police officer must ensure—

(a) that the child sex offenders register, or a part of the register, is only accessed by people who are authorised by the chief police officer or under a regulation; and

(b) that personal information in the child sex offenders register is only disclosed by a person with access to the register, or the relevant part of the register—

(i) for law enforcement functions or activities and then only to an entity prescribed by regulation; or

(ii) as otherwise required or authorised by a regulation or under an Act or other law.

(2) The chief police officer must develop guidelines about access to, and disclosure of, personal information in the child sex offenders register to ensure that access to the personal information in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.

(3) For this section, the child sex offenders register includes information from a register maintained under a corresponding law that is accessible by the chief police officer, whether or not the information is physically part of the register.

(4) This section has effect despite any other Act or law to the contrary.

(1) The chief police officer must ensure that personal information in the child sex offenders register about a protected registrable offender cannot be accessed other than by a person authorised by the police officer or officer of an approved authority responsible for the day-to-day operation of the witness protection program.

(2) For this section:

approved authority—see the Witness Protection Act 1996, section 3.

A person commits an offence if the person—

(a) accesses the child sex offenders register; and

(b) is not authorised to have access to—

(i) the register; or

(ii) the part of the register that the person accesses.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(1) In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

divulge includes communicate.

person to whom this section applies means a person who exercises, or has exercised, a function under this Act.

produce includes allow access to.

protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

(2) A person to whom this section applies commits an offence if—

(a) the person—

(i) makes a record of protected information about someone else; and

(ii) is reckless about whether the information is protected information about someone else; or

(b) the person—

(i) does something that divulges protected information about someone else; and

(ii) is reckless about whether—

(A) the information is protected information about someone else; and

(B) doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3) Subsection (2) does not apply if the record is made, or the information is divulged—

(a) under this Act or another territory law; or

(b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.

(4) Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

(5) Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.

(6) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.

(1) The chief police officer must, if asked by a registrable offender, give the offender a copy of all the reportable information held in the child sex offenders register in relation to the offender.

(2) The chief police officer must comply with subsection (1) as soon as practicable, but no later than 14 days after the day the chief police officer was asked.

(3) A registrable offender may ask the chief police officer to amend any incorrect reportable information held in the child sex offenders register in relation to the offender.

(4) The chief police officer must comply with the request if satisfied that the information is incorrect.

(5) In this section:

reportable information means information that—

(a) is given to the chief police officer by, or for, the registrable offender; and

(b) the offender is required to report to the chief police officer.

In this chapter:

employment includes—

(a) performance of work—

(i) under a contract of employment or contract for services (whether written or unwritten); or

(ii) as a minister of religion or as part of the duties of a religious vocation; or

(b) undertaking practical training as part of an educational or vocational course; or

(c) performance of work as a volunteer; or

(d) performance of work under, or because of, a sentence, including a community service order.

(1) Employment is child-related (child-related employment) if the employment involves contact with a child in relation to any of the following:

(a) child protection services;

(b) preschools, kindergartens or child-care centres;

(c) family day care schemes;

(d) educational institutions for children;

(e) attendance centres, institutions or shelters under the Children and Young people Act 1999;

(f) refuges or other residential facilities used by children;

(g) wards of public or private hospitals where children are ordinarily patients;

(h) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement (including involvement of a voluntary nature);

(i) religious organisations;

(j) babysitting or childminding services arranged by a commercial agency;

(k) fostering children;

(l) providing public or private transport services for the transport of children;

(m) private tuition services of any kind for children arranged by a commercial agency;

(n) counselling or other support services for children;

(o) overnight camps, irrespective of the kind of accommodation or of how many children are involved;

(p) school-crossing services;

(q) before and after school care programs;

(r) school holiday vacation programs;

(s) work-related training contracts under the Vocational Education and Training Act 2003;

(t) anything else prescribed by regulation for this section.

(2) In this section:

contact means any form of contact between a person and a child, and includes—

(a) any form of physical contact; and

(b) any form of oral communication, whether face-to-face or by telephone; and

(c) any form of written communication, including electronic communication.

educational institutions for children include the following:

(a) a government school or non-government school under the Education Act 2004;

(b) a registered training organisation, higher education provider or university under the Tertiary Accreditation and Registration Act 2003.

family day care scheme—see the Children and Young People Act 1999, section 329.

school-crossing services means services provided by people to assist children to cross roads on their way to or from school.

(1) A person is engaged in child-related employment if the person is—

(a) an officer of a corporation that is engaged in child-related employment; or

(b) a member of the committee of management of an unincorporated body or association that is engaged in child-related employment; or

(c) a member of a partnership that is engaged in child-related employment.

(2) This section does not limit the circumstances in which a person can be taken to be engaged in child-related employment.

(3) In this section:

officer—

(a) for a corporation within the meaning of the Corporations Act—see the Corporations Act, section 9; and

(b) for any other corporation—means a person (by whatever name called) who is concerned, or takes part in, the management of the corporation.

A registrable offender commits an offence if the offender—

(a) applies for child-related employment; and

(b) is reckless about whether the employment is child-related employment.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

A registrable offender commits an offence if the offender engages in child-related employment.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

A person commits an offence if the person—

(a) is engaged in child-related employment; and

(b) is charged with a registrable offence; and

(c) does not disclose the charge to the person’s employer within 7 days after the day the person is charged with the registrable offence.

Maximum penalty: 50 penalty units.

(1) A person commits an offence if—

(a) the person is engaged in child-related employment immediately before the commencement of this Act; and

(b) the person has been charged with a registrable offence; and

(c) the charge is pending immediately before the commencement of this Act; and

(d) the person does not disclose the charge to the person’s employer within 7 days after the day this Act commences.

Maximum penalty: 50 penalty units.

(2) This section expires 1 year after the day it commences.

(1) A person commits an offence if—

(a) a charge is pending against the person for a registrable offence; and

(b) the person applies for child-related employment; and

(c) the person does not disclose the charge to the person’s prospective employer when making the application.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person has applied for child-related employment; and

(b) the person is charged with a registrable offence while the application is still current; and

(c) the person does not disclose the charge to the person’s prospective employer within 7 days after the day the person is charged with the registrable offence.

Maximum penalty: 50 penalty units.

(1) A person commits an offence if—

(a) the person has, before the commencement of this Act, applied for child-related employment; and

(b) the person has been charged with a registrable offence; and

(c) the charge is pending immediately before the commencement of this Act; and

(d) the application is still current immediately before the commencement of this Act; and

(e) the person does not disclose the charge to the person’s prospective employer within 7 days after the day this Act commences.

Maximum penalty: 50 penalty units.

(2) This section expires 1 year after the day it commences.

(1) In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

divulge includes communicate.

produce includes allow access to.

protected information means information about a person that is disclosed to an employer because of the person satisfying the person’s obligations under section 128, section 129, section 130 or section 131.

(2) An employer commits an offence if—

(a) the employer—

(i) makes a record of protected information about someone else; and

(ii) is reckless about whether the information is protected information about someone else; or

(b) the employer—

(i) does something that divulges protected information about someone else; and

(ii) is reckless about whether—

(A) the information is protected information about someone else; and

(B) doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3) Subsection (2) does not apply if the record is made, or the information is divulged—

(a) under this Act or another territory law; or

(b) in relation to the exercise of a function as an employer.

(4) Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

(5) Subsection (2) does not apply if the information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.

(6) Subsection (2) does not apply if the information is divulged to a court in a legal proceeding or under an order of a court.

(7) Subsection (2) does not apply if the information is divulged to a lawyer to obtain legal advice or representation relating to a matter under this Act.

(1) The chief executive may, in writing, approve forms for this Act.

(2) If the chief executive approves a form for a particular purpose, the approved form must be used for that purpose.

Note For other provisions about forms, see the Legislation Act, s 255.

(3) An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) A person is not personally liable for anything done or omitted to be done honestly and without recklessness—

(a) in the exercise of a function under this Act; or

(b) in the reasonable belief that the act was in the exercise of a function under this Act.

Note The dictionary defines act to include omission.

(2) Any civil liability that would, apart from subsection (1), attach to a person attaches instead to the Territory.

(1) The fact that an offence for which a registrable offender has been found guilty becomes spent does not affect—

(a) the status of the offence as a registrable offence for this Act for the offender; or

(b) a reporting obligation of the offender.

(2) For this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that the person was convicted or found guilty of the offence.

(3) This section does not limit the effect of the Spent Convictions Act 2000, section 11 (2) (Which convictions can become spent?).

(1) In a proceeding under this Act, a certificate signed by the chief police officer, or a police officer holding a position designated in writing by the chief police officer for this section, certifying that the child sex offenders register at a particular day contained information stated in the certificate is evidence, and in the absence of evidence to the contrary is proof, of the details stated in the certificate.

(2) In a proceeding under this Act, a certificate signed by the chief police officer, or a police officer holding a position designated in writing by the chief police officer for this section, certifying that the child sex offenders register indicated that, during a particular period, a stated person failed to provide information as required by this Act is evidence, and in the absence of evidence to the contrary is proof, of the details stated in the certificate.

(3) For this Act, a certificate that would be evidence under a corresponding law that at a stated time, or during a stated period, a person was required to report to a corresponding registrar under the Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.

(1) The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(2) A regulation may make provision in relation to the following:

(a) matters incidental to the making of reports under chapter 3 (Reporting), including—

(i) how a report must be made; and

(ii) the verifying documentation or evidence to be provided in support of a report; and

(iii) requiring that a report contain additional information to that required by the chapter;

(b) the form of, or the information to be included in, a notice or other document required to be given to registrable offenders;

(c) how the child sex offenders register is to be established and maintained, including how information is to be entered in the register;

(d) the exchange of information about registrable offenders between the chief police officer and corresponding registrars of foreign jurisdictions, including arrangements between the Territory and foreign jurisdictions for accessing information in the child sex offenders register and registers maintained under corresponding laws;

(e) requiring or permitting the chief police officer to remove information from the child sex offenders register;

(f) telling registrable offenders about reporting obligations, including the following:

(i) how the information is to be given to offenders;

(ii) permitting the person telling an offender to ask the offender to acknowledge being given the notice;

(iii) making special provision for telling offenders who are young people or who have disabilities or other special needs;

(iv) permitting or requiring an entity to be told about a registrable offender’s status as a young person or person who has a disability or other special need, including to facilitate notifying and reporting;

(v) providing for notice to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand the offender’s reporting obligations or the consequences of failing to comply with the reporting obligations;

(vi) requiring an offender to be given additional information to that required by this Act;

(vii) requiring an entity to provide information to offenders about their reporting obligations;

(viii) requiring an entity to tell the chief police officer—

(A) that an offender has left the custody or control of the entity; or

(B) that the entity has given stated information to an offender; or

(C) that, in the entity’s opinion, an offender does or does not have the legal capacity to understand information;

(ix) requiring an entity to give the chief police officer an acknowledgment by an offender of the receipt of a notice or other information that is held by the entity;

(g) authorising the chief police officer to give directions about the police stations that are to be used as a place for making reports;

(h) providing that a police station is not to be used as a place for making reports without the consent of the chief police officer;

(i) requiring an entity to create records for this Act and to keep the records;

(j) prescribing a person as a prescribed corresponding offender for this Act;

(k) declaring that an order (however described) made under a corresponding law is a corresponding child sex offender registration order for this Act.

(3) A regulation—

(a) may provide for the exemption of people or things from a provision of a regulation, whether unconditionally or on stated conditions, and either completely or to a stated extent; and

(b) may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

This Act amends the Ombudsman Act 1989.

The office of the ombudsman is established.

The functions of the ombudsman are—

(a) to investigate complaints made under this Act; and

(b) to exercise other functions given to the ombudsman under this Act; and

(c) to exercise other functions given to the ombudsman under the Public Interest Disclosure Act 1994; and

(d) to monitor compliance with the Crimes (Child Sex Offenders) Act 2005, chapter 4 (Child sex offenders register) by the chief police officer and other people authorised by the chief police officer to have access to the child sex offenders register.

In this Act:

child sex offenders register—see the Crimes (Child Sex Offenders) Act 2005, section 117.

The chief police officer must ensure that police officers and other people authorised by the chief police officer to have access to the child sex offenders register give the ombudsman any assistance that the ombudsman reasonably requires to enable the ombudsman to exercise the ombudsman’s functions in relation to the Crimes (Child Sex Offenders) Act 2005, chapter 4 (Child sex offenders register).

(1) The ombudsman or a police officer may, after notifying the chief police officer of the intended entry, enter, at any time, any premises occupied by the Australian Federal Police where the ombudsman reasonably believes there are documents that contain, or relate to, the child sex offenders register or that are relevant to the ombudsman’s functions in relation to the Crimes (Child Sex Offenders) Act 2005, chapter 4 (Child sex offenders register).

(2) The ombudsman or a police officer may inspect or copy any document found at any premises entered under this section and do anything that it is necessary or convenient to do to enable an inspection to be carried out under this section.

(1) The ombudsman may, at any time, give the Minister administering the Crimes (Child Sex Offenders) Act 2005 a written report on—

(a) the results of any inspections carried out under section 17C (Power to enter police premises); and

(b) compliance with the Crimes (Child Sex Offenders) Act 2005, chapter 4 (Child sex offenders register) in the period to which the report relates by the chief police officer and other people authorised by the chief police officer to have access to the child sex offenders register.

(2) If the Minister administering the Crimes (Child Sex Offenders) Act 2005 asks the ombudsman for a report under this section, the ombudsman must give the Minister a report under this section as soon as practicable after receiving the request.

(3) The ombudsman must give a copy of any report under this section to the chief police officer.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• ACT

• Australia

• Australian driver licence

• change

• chief police officer

• child

• entity

• fail

• function

• parent

• police officer

• prescribed

• State.

act includes omission.

approved reporting place, for a registrable offender, for a report—see section 64.

approved way, for the making of a report—see section 63.

child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 124.

child sex offender registration order—see section 14.

child sex offenders register—see section 117.

class 1 offence—see section 10 (2).

class 2 offence—see section 10 (3).

community service order—

(a) see the Crimes Act 1900, section 407; and

(b) see the Children and Young People Act 1999, section 106.

contact person—see section 33.

corresponding child sex offender registration order means an order (however described)—

(a) made under a corresponding law; and

(b) prescribed by regulation for this definition.

corresponding law means a law, or a provision of a law, of a foreign jurisdiction that—

(a) provides for people who have committed particular offences to report in that jurisdiction information about themselves and to keep that information current for a time; or

(b) is prescribed by regulation for this definition.

corresponding registrable offence means an offence that is a registrable offence for a corresponding law but is not a registrable offence under this Act.

corresponding registrar, for a foreign jurisdiction, means the entity exercising functions under the corresponding law of the jurisdiction that corresponds, or most closely corresponds, to the functions of the chief police officer under this Act.

court includes a court (however described) of a foreign jurisdiction.

detainee—

(a) see the Remand Centres Act 1976, section 3; and

(b) see the Periodic Detention Act 1995, section 3 (1).

Note The Remand Centres Act 1976, s 15 lists the people who may be detained in a remand centre under the Act.

disability—see Discrimination Act 1991, section 5AA (1).

employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 123.

engaged, in child-related employment, for chapter 5 (Registrable offenders prohibited from child-related employment)—see section 125.

fingerprints includes fingerscan.

fingerscan means fingerprints taken using a device to obtain a record of the fingerprints.

finding of guilt—see section 7.

foreign jurisdiction means a jurisdiction other than the ACT (including a jurisdiction outside Australia).

forensic patient—see the Community Advocate Act 1991, section 3.

government custody means custody, whether in the ACT or elsewhere—

(a) under a sentence of imprisonment; or

(b) as a detainee; or

(c) as a forensic patient; or

(d) under a corresponding law in the nature of custody mentioned in paragraph (a), (b) or (c), however described.

in person—a person does a thing in person at a place only if the person does the thing by personally attending at the place.

a person making a report by telephone or email

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

offender’s reporting month, for a registrable offender—see section 37 (Offence—offender must report annually).

parole means parole under the Rehabilitation of Offenders (Interim) Act 2001, and includes an equivalent order (however described) made under a foreign law.

personal details, for a registrable offender—see s 59.

personal information means information about an individual whose identity is apparent, or can reasonably be found out, from the information.

person with parental responsibility, for a young person—means a person who has parental responsibility for the young person under the Children and Young People Act 1999, section 18.

prescribed corresponding offender—see section 11.

protected registrable offender—see section 110.

protected registrable offender declaration—see section 111 (a).

recognised foreign reporting period, for a prescribed corresponding offender—see section 11.

registrable offence—see section 10.

registrable offender—see section 8 and section 9.

reporting obligation—see section 19.

reporting obligations notice—see section 103.

reporting offence—see section 20.

reporting offence provision—see section 20.

reporting period, for a registrable offender, means the period, worked out under part 3.5 (Reporting period), during which the offender must comply with the offender’s reporting obligations.

personal details, for a registrable offender—see section 59.

same incident—offences arise from the same incident only if they are committed within a single period of 24 hours and are committed against the same person.

sentence means—

(a) when used as a noun—the penalty imposed for an offence; or

(b) when used as a verb—to impose a penalty for an offence;

and includes a finding of guilt mentioned in section 7 (1) (c) or (e).

supervising authority, for a person, means the entity declared by regulation to be the person’s supervising authority.

suspension order—see section 96.

travel details, for travel by a registrable offender—see section 42 (c).

unprotected registrable offender declaration—see section 111 (b).

witness protection program—see the Witness Protection Act 1996, section 3.

young person—means a person who is not yet an adult.

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.