Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 11A

    (1)     This section applies to a prescribed corresponding offender under section 11 (1) (a) because the person is subject to an order corresponding, or substantially corresponding, to a non-conviction order under the Crimes (Sentencing) Act 2005

in a foreign jurisdiction in relation to an offence.

    (2)     As soon as practicable after the person becomes a prescribed corresponding offender (and not later than 28 days after information about the person is included on the child sex offenders register under section 117), the chief police officer must decide whether the person should be a prescribed corresponding offender.

Note     A decision under s (2) is a reviewable decision (see s 132ZV), and the chief police officer must give a reviewable decision notice to the person (see s 132ZW).

    (3)     In making a decision under subsection (2), the chief police officer must consider—

        (a)     the severity of the offence; and

        (b)     the age of the person at the time of the offence; and

        (c)     the level of harm to the victim and the community caused by the offence; and

        (d)     the period for which the person was reporting to the corresponding registrar of the foreign jurisdiction; and

        (e)     compliance by the person with any reporting and sentencing obligations; and

        (f)     any attempts at rehabilitation by the person; and

        (g)     whether the person poses a risk to the lives or sexual safety of 1 or more people or of the community; and

        (h)     any other circumstances that the chief police officer considers relevant.

    (4)     If the chief police officer decides that a person should not be a prescribed corresponding offender, the chief police officer must remove the person from the child sex offenders register.