Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 122C

    (1)     This section applies to an offender who was—

        (a)     immediately before the commencement day, a registered offender on the child sex offenders register; and

        (b)     a young offender at the time a registrable offence was committed.

    (2)     The offender may apply to the Magistrates Court for an order that the offender be removed from the child sex offenders register.

    (3)     The offender may apply only once.

    (4)     A copy of the application must be served on—

        (a)     the victims of crime commissioner; and

        (b)     the chief police officer; and

        (c)     the director of public prosecutions.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (5)     After receiving a copy of the application, the chief police officer must take reasonable steps to identify, and give notice of the application to, each victim of the registrable offender.

    (6)     A notice must—

        (a)     state that the victim, a person nominated by the victim, or a member of the victim's family may make a written submission to the court about the offender being removed from the register, including the likely effect on the victim or the victim's family; and

        (b)     include information about the offender to assist the victim, nominee or family member to make a submission; and

Example—information

the registrable offender's conduct while the offender has been included on the register

        (c)     include information about any assistance available to the victim, nominee or family member to make the submission.

    (7)     Before giving notice to a victim under this section, the chief police officer must consult with the victims of crime commissioner.

    (8)     The chief police officer, or a person authorised by the chief police officer, may, with the court's consent, appear and make submissions about information on the child sex offenders register that is relevant to the matters the court must consider under subsection (11).

    (9)     The director of public prosecutions may appear in the court on behalf of the victim.

    (10)     The court may make the order if satisfied on reasonable grounds that it would be inappropriate for the offender to remain on the register.

    (11)     In making a decision under subsection (10), the court must consider—

        (a)     the severity of each offence that resulted in the offender being on the register and the seriousness of the circumstances surrounding the commission of each offence; and

        (b)     the age of the offender at the time of each offence; and

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

        (d)     any attempts at rehabilitation by the offender; and

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

        (f)     any other circumstances that the court considers relevant.

    (12)     The chief police officer must take all reasonable steps to give written notice of this section to each offender to whom this section applies not later than 1 month after the commencement day.

    (13)     In this section:

"commencement day" means the day the Crimes (Child Sex Offenders) Amendment Act 2015

, section 3 commences.