Introduction

In New South Wales (NSW), the terms “Sex Offender Registry” and “Child Protection Register” are used interchangeably. This leads to common misconceptions about their equivalence. The primary purpose of these registries is to keep records of people convicted of certain crimes against children and allow ongoing monitoring to enhance child safety. 

Understanding these registers and their differences matters. They influence offenders’ lives and play a key role in protecting vulnerable children. This guide offers a clear comparison of registries. It explains their legal obligations, reporting needs, and processes. 

An Overview of the Sex Offender and Child Protection Registers

What is the Sex Offender Registry?

In NSW, a “child sex offender” is someone listed as a “registrable person” under the Child Protection (Offenders Registration) Act 2000 (NSW). This is also known as the Sexual Offender Registration Act. A “registrable person” is listed on the Child Protection Register (CPR), also called the paedophile list.

The Sex Offender Registry is a confidential database maintained by the police. It records convicted sex offenders and child abductors or murders.

Key aspects of the registry include:

• Maintenance and Oversight: The Commissioner of Police must establish and maintain the registry. They ensure the child sex offender register contains accurate and up-to-date information on registrable persons.

• Registrable Offences: These are classified as Class 1 or Class 2 offences under criminal law.

  • Class 1 offences include more severe crimes like the murder of a minor and persistent sexual abuse.

  • Class 2 offences cover offences such as manslaughter of a child, sexual touching, and child abduction. 

• Reporting Obligations: Individuals on the registry must comply with strict reporting obligations. These involve regularly updating the Australian police with personal information such as their address, employment status, and any changes in their circumstances.

What is the NSW Child Protection Register (CPR)?

The CPR is another term for the Sex Offender Register. It serves the same purpose of monitoring individuals convicted of serious offences against children.

Key functions of the CPR include:

• Safeguarding Children: Maintaining detailed records of registrable persons protects children from potential abuse and harm.

• Access and Confidentiality: Access to the CPR is restricted to authorised personnel, such as law enforcement agencies and designated child protection workers. It is not accessible to the general public, ensuring the confidentiality of registrable persons’ information.

Registrable Offences and Classification

Offences leading to registration on the sexual offenders list fall into two classifications:

Class 1 Offences

Class 1 offences are among the most severe crimes listed under the Sexual Offender Registration Act. They are subject to strict monitoring and longer reporting periods for perpetrators. These offences include:

• Murder of a child (section 18 of the Crimes Act 1900 (NSW))

• Persistent sexual abuse towards a child (section 66EA of the Crimes Act 1900 (NSW))

• Crimes committed in foreign jurisdictions that would be classified as Class 1 offences if they had occurred in NSW.

• Coercing a child into engaging in sexual activities through manipulation or force.

Class 2 Offences

These offences are considered less severe than Class 1 offences and carry shorter registration periods under the Child Protection (Offenders Registration) Act 2000 (NSW). These offences include:

• Manslaughter of a child (section 18(1)(b) of the Crimes Act 1900 (NSW))

• Sexual touching of a child (section 61HB(1) of the Crimes Act 1900 (NSW))

• Grooming a child under 16 (section 66EB of the Crimes Act 1900 (NSW))

• Child abduction (section 86 of the Crimes Act 1900 (NSW)

• Promoting child (section 91D of the Crimes Act 1900 (NSW))

• Possession of child abuse material (section 91FB of the Crimes Act 1900 (NSW))

Reporting Obligations and Compliance

Registrable persons should submit specific personal information to the police within seven days of being sentenced or released from custody. This initial report is crucial for effectively monitoring and managing individuals on the Child Protection Register in NSW.

The information that must be reported includes:

• Personal Details: Name, date of birth, and any other names the person is known by.

• Residential Information: Current address of residence.

• Employment Details: Workplace address, nature of employment, and employer’s name.

• Affiliations: Involvement with clubs or organisations with child membership or participation.

• Vehicle Information: Details of motor vehicles owned, hired, or typically driven.

• Contact Information: Mobile phone number, internet service provider, and online usernames or email addresses.

This comprehensive initial reporting ensures that authorities have up-to-date information to effectively monitor and support registrable persons. In return, it enhances the safety measures for child protection.

Ongoing Reporting and Updates

After the initial report, a registrable person is required to report to maintain their status on the CPR. These obligations include:

• Reporting to the police within seven days upon release from Prison if sentenced to full-time imprisonment

• Reporting to the police within seven days of the sentencing date, if not imprisoned at the time of sentencing

• Annual reporting. Providing updated personal and contact information to the police every year.

• Reporting any changes to address, employment, or travel plans within 14 days of the change occurring.

• Reporting travel information when: 

  • Leaving NSW: Intentions to travel outside of NSW or another Australian state and territory must be communicated to the Commissioner of Police to ensure continuous monitoring. Information about a registered offender, including their location and details, is shared with the Australian Federal Police and international authorities. This information may lead to the perpetrator being denied entry to other countries.

  • Entering NSW: If entering NSW from another Australian state or a foreign jurisdiction and staying for 14 or more consecutive days (excluding time spent in prison), the transgressor must report to the police within seven days of arrival.

• Reporting changes in affiliation with clubs or organisations that engage children to maintain accurate records.

• Reporting any new vehicles acquired or changes to existing vehicle details.

Failure to comply with these ongoing obligations can result in severe penalties, including penalty units and up to five years imprisonment.

Implications and Rights of Registered Offenders

Registered offenders face harsh sentencing for failing to comply with their reporting obligations. Under the Child Protection (Offenders Registration) Act 2000 (NSW), particularly sections 17 and 18, non-compliance, particularly failing to report without a reasonable excuse, can result in severe consequences, including:

• Imprisonment for up to five years.

• Fines of up to $55,000.

Unauthorised disclosure of registry information is also punishable, carrying sentences of up to two years imprisonment and/or a fine of $11,000.

Rights and Defences

Under NSW law, registered offenders possess certain rights and defences that can protect them from penalties in specific circumstances. Possible legal defences include:

• Right to Challenge Registration: Offenders can apply to the NSW Civil and Administrative Tribunal (NCAT) to suspend their reporting obligations after 15 years after sentencing. This application is granted only if the court is satisfied that the registered person no longer poses a risk to the lives or sexual safety of children.

• Reasonable Excuses: Individuals can present reasonable excuses for failing to comply with reporting obligations. Factors considered may include age, disability affecting understanding or compliance, inadequate notification of commitments, and other relevant circumstances.

• Legal Defences: Defences may be available if the perpetrator can demonstrate that the failure to report to the police commissioner pursuant to section 17(2) of the Sexual Offender Registration Act (NSW) was unintentional or due to circumstances beyond their control. This includes instances where the perpetrator was unaware of their obligations despite reasonable efforts to comply.

• Addressing Mistakes on the Register: The Police may make errors regarding who should be on the Register and the duration of reporting requirements. If such a mistake is suspected, contacting a lawyer is advised for assistance.

These provisions ensure that while the system maintains strict oversight for the protection of children, it also allows for fairness and consideration of individual circumstances.

The Public’s Right to Know About Sexual Predators

Access to Information

The CPR is not accessible to the public. Access to the registry is strictly limited to authorised agencies, such as law enforcement and designated child protection workers. This limitation ensures that sensitive information remains confidential.

Implications for Community Safety

Restricted access to the CPR allows authorised organisations to effectively monitor and manage individuals who pose a risk to child safety. This controlled information sharing helps prevent further child sex offences and protect vulnerable children without compromising the privacy of registrable persons. The register enhances community safety and supports ongoing child protection efforts by enabling targeted interventions and informed decision-making.

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

Reporting Periods per Class

The duration of reporting obligations for child sex offenders is determined by the classification of their offence under the Child Protection (Offenders Registration) Act 2000 (NSW). The primary classifications and their corresponding reporting periods are:

• Class 2 Offences: Convicted persons are required to report for 8 years.

• Class 1 Offences: Those convicted of a Class 1 offence must report for 15 years.

Furthermore, if a registrable person commits multiple offences, the reporting obligations can extend significantly:

• A registrable person convicted of a Class 1 offence and subsequently commits another registrable offence is required to report for the rest of their life.

• Similarly, individuals who have committed a Class 2 offence followed by a Class 1 offence are subject to lifetime reporting obligations.

A person’s reporting obligations can be suspended or exempt through an application with the NSW Civil and Administrative Tribunal (NCAT) under Section 16. Exemptions may be granted based on factors such as rehabilitation, a demonstrated lower risk of reoffending, or significant changes in circumstances that alleviate the need for continued monitoring.

Reduced Reporting Periods for Minors

Transgressors who were minors when committing a registrable offence benefit from reduced reporting periods. Specifically:

• Class 2 Offences: Reporting obligations are reduced from 8 to 4 years.

• Class 1 Offences: Reporting obligations are reduced from 15 years to 7 and a half years.

These reductions acknowledge the potential for rehabilitation in juvenile delinquents while maintaining necessary safeguards for child protection.

Removal from the Registry

Removal from the register is possible under certain conditions:

Grounds for Removal

Suspension of reporting obligations from the CPR can be considered under several circumstances. Key grounds include the following:

• The perpetrator’s age at the time of the offence. Individuals who were below 18 years old when they committed the offence may have a higher likelihood of suspension, particularly if they have demonstrated consistent reform as adults without further violations.

• Nature and severity of the offence. Less severe offences with minimal risk to the community may be eligible for suspension, whereas more serious offences might necessitate extended or lifetime reporting obligations.

• Duration of time elapsed without reoffending. The Court may assess whether a significant period has passed since the last offence. If the judge is satisfied that the person poses no risk to child safety, reporting obligations could be relieved. 

• Evidence of successful rehabilitation. Completing rehabilitation programs, such as therapy or counselling, and participating in corrective measures also strengthen an application for suspension, showcasing the perpetrator‘s commitment to preventing future offences.

NSW Police have made mistakes regarding who should be on the register and the duration of reporting obligations. If you suspect such a mistake, it is advisable to seek legal advice.

Legal Process for Removal

The legal process for seeking the suspension of reporting obligations involves applying to the NSW Civil and Administrative Tribunal (NCAT). The registrable person must provide detailed evidence demonstrating that they no longer pose a risk to the safety of children. This evidence typically includes proof of rehabilitation, such as completion certificates from relevant programmes, therapy records, and character references attesting to the individual’s reform.

During the application, the Tribunal will consider factors such as the time elapsed since the last offence, the perpetrator’s behaviour, and compliance with reporting obligations. 

Additionally, even after the reporting period has ended, police retain the authority to apply to the local court for a Child Protection Prohibition Order (CPPO) against individuals on the register, further restricting their activities if necessary.

If the Tribunal is satisfied with the evidence presented and determines if the person poses a risk. If not, the Tribunal grants the suspension of reporting obligations.

Conclusion

In New South Wales, the sex offender register and the Child Protection Register are the same. Their purpose is to monitor and prevent further offences against children. The Sexual Offender Registration Act (NSW) classifies these offences into Class 1 and Class 2. The law also provides for stringent reporting obligations, punishment for non-compliance, and the rights for registrable persons. 

Understanding reporting obligations and rights under the CPR ensures compliance and the safety or protection of children. If you have any questions or need legal assistance regarding sex offenders registration, reporting requirements, or seeking removal from the register, our experienced legal team is here to help. Contact our criminal defence lawyers today to ensure you are fully informed and compliant with NSW child protection laws.

Frequently Asked Questions