Child Protection Register

Ongoing consequences of child sex offences and offences relating to

non-compliance.

Legislation

• Child Protection (Offenders Registration) Act 2000

• Child Protection (Offenders Prohibition Orders) Act 2004

Bureau of Crime Statistics & Research

In 2009-2010 of the people found guilty of a sexual offence against a child –

• 64% had no prior convictions

• 6% had a prior conviction for sexual assault (adult or child)

Class 1 offences include the murder of a child and sexual intercourse with a child.

Class 2 offences include acts of indecency, possession of child pornography,

kidnapping of a child, filming a child for indecent purposes, grooming offences.

Exceptions

Information reported

• All their names• Date of birth• Principal address• Their employment details• Details of their motor vehicle(s)• Details of their registrable offences.

Further information

• Names and ages of any children with whom they ordinarily reside or have unsupervised contact

• Details of any club or organisation which has child participation or membership, where they have an affiliation.

• Details of tattoos or other distinguishing marks.• Dates of interstate absences of over 14 days as well

as regular short absences.

And more…

• Telephone services• Internet service providers• Type of internet connection (wireless,

broadband, ADSL or dial-up)• Details of email addresses, internet user

names, instant messaging user names, chat room user names or any other names or identites used or intended to be used

Time on the Register

• 8 years for one Class 2 offence

• 15 years for one Class 1 or two Class 2

• Life for a Class 1 & Class 2 or more than two registrable offences

• Periods are halved for juveniles.

Working with Children Check

Extra Curial Punishment?

s24A Crimes (Sentencing Procedure) Act

Prohibition Orders

• Associating with specified persons or kinds of persons.

• Being in specified locations or kinds of locations

• Engaging in specified behaviour• Being in specified employment

An example. The respondent shall not -

Offencess17 Child Protection Act

A registrable person must not fail to comply with any of the person’s

reporting obligations without reasonable excuse.

Reasonable Excuse?In determining whether a registrable person had a reasonable excuse … the court … is to have regard to the following matters: (a) the person’s age,(b) whether the person has a disability that affects the

person’s ability to understand, or to comply with, those obligations,

(b1) whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances,

(c) any matter prescribed by the regulations,(d) any other matter the court considers appropriate.

s17 – Fail to comply with reporting obligations –between 4/08 & 3/12

0

20

40

60

80

100

120

140

160

s10 Fine s9 CSO PD s12 Gaol

Offender Prohibition Orderss13(1) contravene prohibition order

23 cases

0

2

4

6

8

10

12

14

s10 Fine s9 CSO PD s12 Gaol

NSW Ombudsman – SurveyOverall effect of being on the Register

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