Child Protection (Child Sex Offender Government Agency Registration) Act 2016

1: Title
This Act is the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
2: Commencement
This Act comes into force 30 days after the date on which this Act receives the Royal assent.
1: Preliminary matters
3: Purpose
The purpose of this Act is to establish a Child Sex Offender Register that will reduce sexual reoffending against child victims, and the risk posed by serious child sex offenders, by—
a: providing government agencies with the information needed to monitor child sex offenders in the community, including after the completion of the sentence; and
b: providing up-to-date information that assists the Police to more rapidly resolve cases of child sexual offending.
4: Interpretation
In this Act, unless the context otherwise requires,— affected person section 45(3) authorised person section 11(3) child class 1 offence class 2 offence class 3 offence Schedule 2 Commissioner constable section 4 corresponding Act
a: that provides for people who have been sentenced by a court for specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and
b: that regulations state is a corresponding Act for the purposes of this Act corresponding offence corresponding overseas agency section 95A corresponding registrable offender section 8 corresponding Registrar custody
a: the lawful custody of the Police or of the Department of Corrections:
b: subject to detention in a hospital under section 45 46 section 34(1)﻿(a)﻿(i) equivalent repealed offence clause 4 Schedule 2 initial report section 17 Minister Police qualifying offence register section 10(1) registered residential address subpart 2 registrable offender section 7 registration order section 9 release conditions section 4 relevant personal information section 16(1) reporting obligations subpart 2 reporting period sections 34 to 38 sentence expiry date section 4 specified agency section 43(2) telecommunications service section 5 Section 4 release conditions inserted 8 March 2017 section 4 Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017 Section 4 sentence expiry date inserted 8 March 2017 section 4 Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown. Offenders to whom Act applies
7: Who is a registrable offender?
1: A registrable offender
a: sentenced to imprisonment; or
b: sentenced to a non-custodial sentence and made subject to a registration order.
2: A person who is a corresponding registrable offender and who resides in New Zealand or enters New Zealand with the intention to reside in New Zealand is also a registrable offender.
3: However, a person is not a registrable offender if, at the time the person committed the qualifying offence, the person had not attained the age of 18 years.
4: A person ceases to be a registrable offender if—
a: the conviction in respect of each qualifying offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or
b: the sentence in respect of that offence is reduced or altered so that he or she would not have fallen within the definition of registrable offender in subsection (1)
c: the registration order in respect of that offence is set aside by a court.
5: For the purposes of this section, it is irrelevant whether a person may lodge, or has lodged, an appeal in respect of a conviction or in respect of a sentence or order. Child Protection (Offenders Registration) Act 2000 ss 3A(1), (4), 3B (NSW); Sex Offenders Registration Act 2004 s 6(1), (2), (6), (7) (Vic)
8: Who is a corresponding registrable offender?
A corresponding registrable offender who, as a consequence of a conviction in a foreign jurisdiction for a corresponding offence,
a:
b: Child Protection (Offenders Registration) Act 2000 s 19BB(1), (4) (NSW) Section 8 amended 8 March 2017 section 5(1) Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017 Section 8(a) amended 8 March 2017 section 5(2) Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017 Section 8(b) amended 8 March 2017 section 5(3) Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017 Registration orders
9: Court may make registration order
1: If a court imposes on a person a non-custodial sentence in respect of a conviction for a qualifying offence
1A:
2: A court may make an order under this section (a registration order
3: For the purpose of assessing the risk posed by the person, the court must consider the following matters:
a: the seriousness of the qualifying offence:
b: the period of time that has elapsed since the offence was committed:
c: the age of the person:
d: the age of the person at the time of the offence:
e: the age of any victim of the offence at the time of the offence:
f: the difference in age between the victim and the person at the time of the offence:
g: any written assessment of the risk posed by the person:
h: any submission or evidence from any victim of the offence:
i: any other submission or evidence relating to the risk posed by the person:
j: any other matter that the court considers relevant.
4: A registration order is made at the time of sentencing and is a sentence for the purposes of Part 6
5: However, for the purposes of section 31
6: The provisions of subparts 4 12 Child Protection (Offenders Registration) Act 2000 s 3D(1), (2) (NSW) Section 9(1) amended 8 March 2017 section 6(1) Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2017 Section 9(1A) repealed 23 March 2021 section 4 Child Protection (Child Sex Offender Government Agency Registration) Amendment Act 2021
2: Child Sex Offender Register
1: Establishment and administration of register
10: Child Sex Offender Register established
1: The Commissioner must establish a register of registrable offenders called the Child Sex Offender Register.
2: The register must contain the following information in relation to each registrable offender (to the extent that it is known by the Commissioner):
a: the registrable offender’s name and other identifying particulars:
b: details of each qualifying offence or corresponding offence of which the registrable offender has been convicted or with which he or she has been charged:
c: the date on which the registrable offender was sentenced for any qualifying offence:
d: for each qualifying offence of which the registrable offender has been convicted, the sentencing notes of the sentencing Judge:
e: the date on which the registrable offender ceased to be in custody in respect of a qualifying offence, or entered or ceased to be in custody in respect of any offence during his or her reporting period:
f: any information reported in respect of the registrable offender under subpart 2
g: any information provided to the Commissioner in respect of the registrable offender under this Part. Child Protection (Offenders Registration) Act 2000 s 19 (NSW); Child Sex Offenders Registration Act 2006 s 60 (SA)
11: Administration of register
1: The Commissioner is responsible for the administration of the register.
2: Before making significant operational decisions about the way in which the register is administered, the Commissioner must consult with the chief executive of the Department of Corrections.
3: For the purpose of administering the register, the Commissioner may appoint any of the following to be authorised persons:
a: 1 or more Police employees (within the meaning of section 4
b: 1 or more employees of the Department of Corrections nominated by the chief executive of the Department.
2: Reporting obligations
Notification of reporting obligations
12: Explanation and notices to be given when registrable offender sentenced
1: This section applies—
a: when a court imposes a sentence of imprisonment for a qualifying offence; and
b: when a court makes a registration order.
2: The sentencing Judge must, at the time of sentencing, explain to the registrable offender that the offender is a registrable offender under this Act.
3: Failure to give the explanation required by subsection (2)
4: As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice to the offender of—
a: the offender’s reporting obligations; and
b: the penalties for failing to comply with those obligations.
5: As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice of that fact to—
a: the Commissioner; and
b: the chief executive of the Department of Corrections. Child Protection (Offenders Registration) Act 2000 s 4(1), (2) (NSW)
13: Notices to be given when registrable offender ceases to be in custody
As soon as practicable before or after a registrable offender who has been in custody for 14 or more consecutive days ceases to be in custody, whether in respect of a qualifying offence or otherwise, the chief executive of the Department of Corrections must give written notice to the offender of—
a: the offender’s reporting obligations; and
b: the penalties for failing to comply with those obligations. Child Protection (Offenders Registration) Act 2000 s 6(2) (NSW)
14: Notices may be given by Commissioner
The Commissioner may, if he or she suspects that a registrable offender may not have received notice, or may otherwise be unaware, of the offender’s reporting obligations, cause written notice to be given to the offender of—
a: the offender’s reporting obligations; and
b: the penalties for failing to comply with those obligations. Child Protection (Offenders Registration) Act 2000 s 7(1) (NSW)
15: Notices to be given to corresponding registrable offenders who enter New Zealand
1: This section applies to a corresponding registrable offender who enters New Zealand, if the offender has not previously been given notice of the offender’s reporting obligations in New Zealand.
2: The Commissioner must, as soon as practicable after becoming aware that the offender has entered New Zealand, cause written notice to be given to the offender in accordance with the requirements of section 14 Child Protection (Offenders Registration) Act 2000 s 7A (NSW) Initial report
16: Relevant personal information to be reported
1: For the purposes of this Act, the relevant personal information
a: his or her name, together with any other name by which he or she is, or has previously been, known:
b: in respect of each name other than his or her current name, the period during which he or she was known by that other name:
c: his or her date of birth:
d: the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found:
e: the name, sex, and date of birth of each child who generally resides in the same household as that in which the offender generally resides:
f: in respect of each child who generally resides in the same household as that in which the offender generally resides, the name of the principal caregiver:
g: his or her postal address for service of notices and documents under this Act:
h: if he or she is working,—
i: the nature of the work; and
ii: the name of his or her employer (if any); and
iii: the address of each of the premises at which the offender generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works:
i: details of his or her affiliation with any club or organisation that has a child membership or child participation in its activities, including any online club or organisation:
j: the make, model, colour, and registration number of any motor vehicle owned by, or generally driven by, the offender:
k: details of any tattoos, scars, or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed):
l: if, at the time of making an initial report, he or she has 1 or more valid passports, the passport number, place of issue, and date of expiry of each passport:
m: details of any telecommunications service used, or intended to be used, by the offender, including—
i: the name of any landline or mobile telephone service provider used, or intended to be used, by the offender; and
ii: any phone numbers used, or intended to be used, by the offender:
n: the name of any Internet service provider, and the details of any routing or modem device, used, or intended to be used, by the offender:
o: details of any username for any online social networks, online gaming accounts, or online storage accounts used, or intended to be used, by the offender:
p: details of any website domain owned or website administered, or intended to be owned or administered, by the offender:
q: details of any email addresses used, or intended to be used, by the offender.
2: For the purposes of this section,—
a: a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 2 days (whether consecutive or not) in any period of 12 months; and
b: a child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 2 days (whether consecutive or not) in any period of 12 months; and
c: a registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and
d: a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months. Child Protection (Offenders Registration) Act 2000 s 9(1) (NSW); Child Sex Offenders Registration Act 2006 s 13(1), (2) (SA)
17: When initial report must be made
A registrable offender must make an initial report to the Commissioner of all relevant personal information within 72 hours of—
a: being released from custody in relation to a qualifying offence; or
b: being made subject to a registration order; or
c: in the case of a corresponding registrable offender,—
i: entering New Zealand from a foreign jurisdiction to reside in New Zealand (if a New Zealand or Australian citizen or holder of a resident’s visa); or
ii: demonstrating an intention to reside in New Zealand by applying for a resident’s visa after entering New Zealand from a foreign jurisdiction. Ongoing reporting obligations
18: Requirement to make periodic reports
1: A registrable offender must periodically make reports (each a periodic report
2: However, a registrable offender whose reporting obligations are suspended is not required to make periodic reports while the suspension is in force.
3: A periodic report includes a report that simply confirms that the registrable offender’s relevant personal information stated in the last report previously made by the offender—
a: is correct; and
b: has not changed since the offender made the last report.
4: If the registrable offender has been in custody since he or she last reported his or her relevant personal information under this section, the details he or she must report include details of when and where that custody occurred. Child Protection (Offender Reporting) Act 2004 s 18 (Qld); Child Sex Offenders Registration Act 2006 s 15(3) (SA)
19: When periodic reports must be made
1: A registrable offender must make a periodic report in each year during the reporting period, starting in the first year after the offender makes his or her initial report.
2: The registrable offender must make the report—
a: on the date specified by the Commissioner by notice in writing to the registrable offender, being a date that is—
i: at least 1 month after the date on which the notice was given; and
ii: at least 12 months after the date of the last periodic report by the offender under this Act (if any); or
b: if no such date is specified by the Commissioner, by the end of the calendar month in which the anniversary of the date of the last periodic report by the offender under this Act or a corresponding law falls. Child Protection (Offender Reporting) Act 2004 s 19(1), (2) (Qld); Child Sex Offenders Registration Act 2006 s 15(1), (2) (SA)
20: Requirement to report changes to relevant personal information
1: A registrable offender must report to the Commissioner—
a: any change in the details reported under section 16(1)﻿(d)
b: any other change in his or her relevant personal information within 72 hours after that change occurs.
2: For the purposes of subsection (1)
a: a change occurs in the premises or household where the registrable offender or a child generally resides only on expiry of the relevant 2-day period referred to in section 16(2)﻿(a) or (b)
b: a change occurs in the premises where the registrable offender generally works, or the motor vehicle that he or she generally drives, only on expiry of the relevant 14-day period referred to in section 16(2)﻿(c) or (d)
3: However, a registrable offender who has reported a change of residential address in the course of reporting travel plans under section 21(2) subsection (1)
4: If the relevant personal information of a registrable offender (other than one to whom section 33
5: A registrable offender who is in custody for 7 or more consecutive days must report his or her relevant personal information to the Commissioner on whichever of the following first occurs:
a: within 72 hours after the registrable offender ceases to be in custody; or
b: before the registrable offender leaves New Zealand. Child Sex Offenders Registration Act 2006 s 16(1)–(4) (SA)
21: Travel plans to be reported
1: Subsection (2)
2: At least 48 hours before travelling, the registrable offender must report the intended travel to the Commissioner and must provide the following details:
a: each address at which the offender intends to stay:
b: the dates on which the offender intends to stay at each of those addresses:
c: whether any child will or is likely to reside together with the offender at any of those addresses:
d: if the offender intends to return to his or her registered residential address, the date on which he or she intends to return.
3: Subsection (4)
4: At least 48 hours before travelling, the registrable offender must report the intended travel to the Commissioner and must provide the following details:
a: the date on which the offender intends to travel out of New Zealand:
b: if the offender intends to return to New Zealand, the date on which the offender intends to return:
c: if the offender does not intend to return to New Zealand, a statement of that intention.
5: If exceptional circumstances arise making it impracticable for a registrable offender to whom subsection (2) or (4) subsection (2) or (4)
a: as soon as practicable in the circumstances; and
b: before travelling.
6: For the purposes of subsection (1) travel away from his or her registered residential address Child Sex Offenders Registration Act 2006 s 17 (SA)
22: Change of travel plans while away from home or out of New Zealand to be given
1: This section applies if a registrable offender who has travelled away from his or her registered residential address decides to change any details given to the Commissioner under section 21(2) or (4)
2: As soon as practicable after making the decision, the registrable offender must report the changed details to the Commissioner.
3: The registrable offender must make the report—
a: by writing sent by post or transmitted electronically to the Commissioner or to any other address permitted by the regulations; or
b: in any other manner permitted by the regulations. Child Sex Offenders Registration Act 2006 s 18 (SA)
23: Requirement to report return to New Zealand or decision not to leave
1: This section applies if a registrable offender is required under section 21
2: If the registrable offender leaves New Zealand, he or she must, within 72 hours after entering and remaining in New Zealand for 7 consecutive days (not counting any days spent in custody),—
a: report his or her return to the Commissioner; and
b: present his or her passport for inspection and copying.
3: If the registrable offender decides not to leave New Zealand, he or she must report his or her change of intention within 72 hours after deciding not to leave. Child Sex Offenders Registration Act 2006 s 19 (SA) Provisions applying to all reporting obligations
24: Where report is to be made
1: A report by a registrable offender under this subpart must be made,—
a: if the Commissioner gives the offender a direction that the report is to be made at a specified Police station, at that Police station; or
b: if the relevant personal information last reported by the offender indicates an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises, at those premises; or
c: if no direction is given under paragraph (a) or (b)
2: A direction by the Commissioner under subsection (1)﻿(a) or (b)
a: must be given in writing in accordance with any requirements prescribed by the regulations; and
b: may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner.
3: This section does not apply if, under section 25(2) Child Sex Offenders Registration Act 2006 s 21 (SA)
25: How report is to be made
1: A registrable offender must attend in person to make the following reports under this subpart:
a: a report required by section 17
b: a report required by section 18
c: a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found:
d: a report of the acquisition of, removal of, or change to any tattoo or permanent distinguishing mark:
e: a report required by section 21(4)
f: a report required by section 23(2)
2: However, a registrable offender may, with the approval of the Commissioner, make any other report required under this subpart in a manner permitted by the Commissioner or by the regulations, either generally or in a particular case (including by email or other form of electronic transmission).
3: If a report under this subpart—
a: is a report referred to in subsection (1)﻿(a), (b), (e), or (f)
b: is a report referred to in subsection (1)﻿(c) or (d)
c: is not made in person but is made in accordance with subsection (2)
4: If a registrable offender has a disability that makes it impossible or impracticable for him or her to make a report in the manner required, the registrable offender will be taken to make the report if a parent, guardian, carer, or other adult person nominated by the offender and approved by the Commissioner makes the report (so far as is reasonably possible) on the offender’s behalf.
5: A report made on the offender’s behalf under subsection (4)
a: by both the registrable offender and the person reporting on his or her behalf attending in person; or
b: in another manner permitted by the Commissioner or by the regulations, either generally or in a particular case (including by email or other form of electronic transmission). Child Sex Offenders Registration Act 2006 s 22 (SA)
26: Right to privacy and support when reporting
1: A person making a report under this subpart by attending in person at a police station or other place approved by the Commissioner—
a: is entitled to make the report out of the hearing of members of the public; and
b: is entitled to be accompanied by a support person of his or her own choosing.
2: A constable or an authorised person receiving the report—
a: may arrange for an interpreter to be present when a person is making a report under this subpart; and
b: must not allow an interpreter to be present when a person is making a report under this subpart unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any enactment to do so. Child Sex Offenders Registration Act 2006 s 23 (SA)
27: Receipt of information to be acknowledged
1: As soon as practicable after receiving a report under this subpart, the constable or authorised person receiving the report must acknowledge the making of the report.
2: The acknowledgement must be in writing, must be given to the person who made the report, and must include—
a: the name and signature of the constable or authorised person who received the report; and
b: the date and time when, and the place where, the report was received; and
c: a copy of the information that was reported; and
d: a copy of the record of any agreement made under subsection (4)
3: If a report is not made in person, the constable or authorised person who received the report must, as soon as practicable,—
a: give the person making the report a unique reference number; and
b: record that number on the relevant registrable offender’s file and on the acknowledgement.
4: The Commissioner may make an agreement with the registrable offender as to the manner in which any reference number or acknowledgement required to be given by this section may be given.
5: The Commissioner must ensure—
a: that there is a method of recording an agreement made under subsection (4)
b: that, except with the written consent of the registrable offender, any reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.
6: The Commissioner must ensure that a copy of every acknowledgement is retained.
7: In this section, signature Child Protection (Offenders Registration) Act 2000 s 12C (NSW); Child Sex Offenders Registration Act 2006 s 24 (SA)
28: Additional matters to be provided
1: If a report is required to be made by attending in person, the person making the report must also—
a: present for inspection the registrable offender’s driver licence (if any) or any other form of identification or other document reasonably required by the constable or authorised person receiving the report to verify or support details in the report; and
b: if not the registrable offender, present for inspection his or her driver licence (if any) or other form of identification reasonably required by the constable or authorised person receiving the report.
2: The constable or authorised person receiving the report may waive any requirements of subsection (1)
3: If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender’s current passport (if any).
4: The constable or authorised person receiving the report may copy any document presented for inspection under subsection (1) or (3)
5: If a report is made otherwise than in person, the regulations—
a: may specify the circumstances in which—
i: information will be required concerning the identity of the registrable offender and the identity of the person making the report; or
ii: a document will be required verifying or supporting details in the report; and
b: may specify the manner in which that information or document is to be provided; and
c: may not require an original document to be provided. Child Sex Offenders Registration Act 2006 s 25 (SA)
29: Power to take fingerprints or fingerscan
A constable or an authorised person receiving a report made in person under this subpart may take, or may cause to be taken by a person authorised by the constable or the authorised person, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the constable or authorised person has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender. Child Sex Offenders Registration Act 2006 s 26(1) (SA)
30: Power to take photographs
A constable or an authorised person receiving a report made in person under this subpart may take, or may cause to be taken by a person authorised by the constable or the authorised person, photographs of the registrable offender for the purpose of ongoing identification. Child Sex Offenders Registration Act 2006 s 27(1) (SA)
31: Constable or authorised person must inform offender before exercising power
Before attempting to exercise a power under section 29 30
a: of the purpose for which the power is to be exercised; and
b: that the Commissioner will retain the fingerprints, fingerscan, or photographs (as the case may be). Child Sex Offenders Registration Act 2006 s 28(1) (SA)
32: Identifying particulars and other information may be stored by Police
1: Any identifying particulars of a person and any other information obtained by the Police under this subpart may be entered, recorded, and stored on a Police information recording system.
2: Information recorded on any Police information recording system is not information held in the register for the purposes of this Act.
3: If the Commissioner under section 49(6)﻿(b) Modified reporting procedures for protected witnesses
33: Modified reporting procedures for protected witnesses
1: This section applies to each of the following persons:
a: any registrable offender who is currently a participant in a witness protection programme:
b: any registrable offender who has been a participant in a witness protection programme but in respect of whom an order under this section is yet to be made:
c: any registrable offender who is the subject of an order in force under this section declaring that the offender is a person to whom this section applies.
2: This section (except subsections (4) to (7)
3: It is sufficient compliance with the requirements of this Part—
a: if a person to whom this section applies provides information required by the Commissioner, at the times and in the manner authorised by the Commissioner for the purposes of this section; and
b: if the acknowledgement of the giving of the information is given in a manner approved by the Commissioner; and
c: if copies of relevant documents, rather than originals, are provided.
4: The Commissioner must make an order declaring that a registrable offender who is or has been a participant in a witness protection programme either is, or is not, a person to whom this section applies—
a: when the person voluntarily ceases to be a participant in the programme; or
b: when the Commissioner makes a decision that the protection and assistance given to the person be terminated.
5: On making such an order, the Commissioner must take reasonable steps to notify the person concerned of the terms of the order.
6: A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner for a review of the decision.
7: On receiving an application referred to in subsection (6)
a: must review the order, and confirm or reverse it; and
b: before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and
c: after making a decision on the matter, must given written notice of the decision to the applicant. Child Protection (Offenders Registration) Act 2000 s 13(1)–(6) (NSW) Reporting period and period on register
34: When reporting obligations begin
For the purposes of this subpart, a registrable offender’s reporting obligations begin—
a: when the person ceases to be in custody in relation to a qualifying offence; or
b: when the person (who has received a non-custodial sentence) is made subject to a registration order at the time of sentencing for a qualifying offence; or
c: in the case of a corresponding registrable offender,—
i: when the person enters New Zealand from a foreign jurisdiction to reside in New Zealand (if a New Zealand or Australian citizen or holder of a resident’s visa); or
ii: when the person demonstrates an intention to reside in New Zealand by applying for a resident’s visa after entering New Zealand from a foreign jurisdiction. Child Protection (Offenders Registration) Act 2000 s 14 (NSW); Sex Offenders Registration Act 2004 s 33 (Vic)
35: Length of reporting period and period on register
1: A registrable offender must continue to comply with the reporting obligations imposed by this subpart for—
a: the remainder of the offender’s life, if the offender has been sentenced to a term of imprisonment for a class 3 offence or for an equivalent repealed offence that corresponds to a class 3 offence; or
b: 15 years, if the offender has been sentenced to a term of imprisonment for a class 2 offence or for an equivalent repealed offence that corresponds to a class 2 offence; or
c: 8 years, if the offender has been sentenced to a term of imprisonment for a class 1 offence or for an equivalent repealed offence that corresponds to a class 1 offence; or
d: 8 years, if the offender has been sentenced to a non-custodial sentence for a qualifying offence and is subject to a registration order.
2: Subsection (1)
a: as if the corresponding offence of which the offender was convicted was the qualifying offence to which it most closely corresponds; and
b: in the case of an offender who has not been sentenced to imprisonment for the corresponding offence of which the offender was convicted, as if the offender had been sentenced to a non-custodial sentence for a qualifying offence and were subject to a registration order.
3: However, for the purpose of calculating the length of a corresponding registrable offender’s reporting period, and despite section 34(c)
a: when the offender ceased to be in custody in relation to the corresponding offence of which the offender was convicted; or
b: in the case of an offender who has not been sentenced to imprisonment for the corresponding offence of which the offender was convicted, when the offender was convicted of that offence.
4: A registrable offender remains on the register for the duration of his or her reporting period, including (despite section 36(5)
5: If a registrable offender has reporting obligations in respect of more than 1 qualifying offence or corresponding offence, the reporting periods for each of those offences run concurrently (to the extent that they overlap), not cumulatively. Child Protection (Offenders Registration) Act 2000 s 14A(1) (NSW); Sex Offenders Registration Act 2004 s 34(1) (Vic)
36: Suspension of reporting obligations
1: A registrable offender’s reporting obligations are suspended for any period during which—
a: he or she is in custody for more than 7 days; or
b: he or she is outside New Zealand, unless he or she is a person to whom section 33 section 22
c: the Commissioner has suspended the offender’s reporting obligations under subsection (2)
d: the offender’s reporting period has ceased to run under section 348A
e: a court order suspending the offender’s reporting obligations under section 38(4)
2: The Commissioner may, on his or her own initiative or on the application of the offender, suspend the reporting obligations of a registrable offender if the Commissioner is satisfied, on reasonable grounds,—
a: that the offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and
b: that the offender has a terminal illness or a significant cognitive or physical impairment that makes it difficult or impossible for the offender to fulfil his or her reporting obligations.
3: The Commissioner must, as soon as is reasonably practicable, give the registrable offender written notice of a decision made under subsection (2)
a: to suspend the offender’s reporting obligations; or
b: to deny an application to suspend the offender’s reporting obligations.
4: A suspension granted under subsection (2)
5: Any period during which a registrable offender’s reporting obligations are suspended under subsection (1) Child Protection (Offender Reporting) Act 2004 ss 67C, 67D(1), (5), (6), (7) (Qld); Child Sex Offenders Registration Act 2006 s 32 (SA)
37: Revocation of suspension by Commissioner
1: The Commissioner may at any time revoke a suspension granted under section 36(2)
a: that the registrable offender poses, or may pose, a risk to the lives or sexual safety of a child or children, or of children generally; or
b: that the offender no longer has an illness or impairment that makes it difficult or impossible for the offender to fulfil his or her reporting obligations.
2: If the Commissioner revokes a suspension, he or she must give the registrable offender written notice of the revocation as soon as is reasonably practicable.
3: The revocation takes effect when the Commissioner gives the notice to the registrable offender. Child Protection (Offender Reporting) Act 2004 s 67F (Qld)
38: District Court may suspend lifetime reporting obligations on application
1: A registrable offender who is subject to lifetime reporting obligations under section 35(1)﻿(a) subsection (2)
2: A registrable offender is eligible under this subsection if—
a: the offender has been subject to lifetime reporting obligations for not less than 15 years; and
b: the offender is not currently on parole or subject to any post-sentence order (for example, a public protection order or an extended supervision order); and
c: a District Court has not in the last 5 years heard and declined an application by the offender under this section.
3: Police and the Department of Corrections are parties to an application made under subsection (1)
4: The court may make an order indefinitely suspending the reporting obligations of the offender only if the offender satisfies the court that he or she does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally.
5: For the purpose of assessing the risk posed by the offender, the court must consider the following matters:
a: the seriousness of the qualifying offence or the corresponding offence:
b: the period of time that has elapsed since the offence was committed:
c: the age of the offender:
d: the age of the offender at the time of the offence:
e: the age of any victim of the offence at the time of the offence:
f: the difference in age between the victim and the offender at the time of the offence:
g: any written assessment of the risk posed by the offender:
h: any submission or evidence from any victim of the offence:
i: any other submission or evidence relating to the risk posed by the offender:
j: any other matter that the court considers relevant.
6: Despite subsection (2)﻿(c)
7: The Police or the Department of Corrections may apply to a District Court for an order to revoke a suspension granted under subsection (4)
8: The court may grant an application under subsection (7) subsection (4)
9: The hearing and determination of an application under this section are an exercise of the court’s criminal jurisdiction. Offences
39: Offence of failing to comply with reporting obligations
1: A registrable offender commits an offence if the offender fails to comply with any of his or her reporting obligations without reasonable excuse.
2: An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 1 year, or a fine not exceeding $2,000, or both. Child Protection (Offenders Registration) Act 2000 s 17(1) (NSW); Sex Offenders Registration Act 2004 s 46(1) (Vic); Child Protection (Offender Reporting) Act 2004 s 50(1) (Qld); Child Sex Offenders Registration Act 2006 s 44(1) (SA)
40: Offence of providing false or misleading information
1: A registrable offender commits an offence if the offender, in purported compliance with this subpart, provides information that the offender knows to be false or misleading in a material particular.
2: An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 2 years, or a fine not exceeding $4,000, or both. Child Protection (Offenders Registration) Act 2000 s 18 (NSW); Sex Offenders Registration Act 2004 s 47 (Vic); Child Protection (Offender Reporting) Act 2004 s 51(1) (Qld); Child Sex Offenders Registration Act 2006 s 45(1) (SA)
3: Access to register and information sharing
41: Access to register to be restricted
1: The Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of persons, that is authorised to do so by the Commissioner in accordance with guidelines issued in accordance with this section.
2: The Commissioner must issue guidelines in relation to access to information in the register to ensure—
a: that persons authorised by the Commissioner can access information in the register for the following purposes:
i: preventing, detecting, investigating, and prosecuting qualifying offences:
ii: monitoring registrable offenders in the community:
iii: the purposes specified in section 43(1)
b: that access to information in the register is otherwise restricted to the greatest extent that is possible without interfering with the purpose of this Act.
3: Despite subsection (2)
4: For the purposes of this section, the register includes any information from any register maintained under a corresponding Act that is accessible by the Commissioner, regardless of whether that information is physically part of the register.
5: This section has effect despite any other enactment or law to the contrary. Sex Offenders Registration Act 2004 s 63(1)–(4) (Vic); Child Protection (Offender Reporting) Act 2004 s 69 (Qld); Child Sex Offenders Registration Act 2006 s 61 (SA)
42: Restriction on who may access information on protected witness
The Commissioner must ensure that any information in the register about a person to whom section 33 section 41 Child Protection (Offenders Registration) Act 2000 s 19A (NSW)
43: Information sharing between government agencies in interest of public safety
1: A specified agency may disclose personal information in the register to another specified agency for any of the following purposes:
a: monitoring the whereabouts of the offender:
b: verifying personal information reported by the offender:
c: managing the risk that the offender may commit further sexual offences against children:
d: managing any risk or threat to public safety.
2: In this section, specified agency
a: the Police:
b: the Department of Corrections:
c: the Ministry of Social Development:
d: Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019
e: the Department of Internal Affairs:
f: the New Zealand Customs Service:
g: any public sector agency (as that term is defined in section 7(1) Gazette
3: Nothing in this section limits or affects—
a: the ability of an agency to access law enforcement information in accordance with section 172
b: the ability of an agency to disclose personal information about a child sex offender in accordance with section 182A 2004 No 50 ss 182A(3)﻿(b), 182C s 5(1) Section 43(2)﻿(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 43(2)﻿(g) amended 1 December 2020 section 217 Privacy Act 2020 Section 43(3)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020
44: Disclosure of information to corresponding Registrar or to corresponding overseas agency
The Commissioner may disclose personal information in the register to a corresponding Registrar or to a corresponding overseas agency for the purposes of—
a: a corresponding Act; or
b: informing that Registrar or agency of the intention to travel, or actual travel, to the Registrar’s or agency’s jurisdiction of a registrable offender who may pose a threat to the lives or sexual safety of 1 or more children, or of children generally, in that jurisdiction. Child Protection (Offender Reporting) Act 2004 s 71 (Qld)
45: Disclosure of information to affected person where threat to child safety or welfare
1: The Commissioner may disclose personal information in the register to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.
2: The Commissioner may authorise a specified agency to disclose personal information in the register to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.
3: In this section, affected person subsection (1) or (2)
a: a parent or guardian of the child; or
b: a teacher or regular caregiver of the child; or
c: for the time being, responsible for the custody or well-being of the child.
46: Disclosure where identity suppressed
1: Personal information in the register may be disclosed under sections 43 to 45 section 200 section 201
2: The Commissioner or a specified agency must ensure, when disclosing personal information in the register in relation to a registrable offender whose identity is suppressed, that the disclosure is accompanied by notice of the suppression order or automatic suppression.
47: Confidentiality
1: A person authorised to have access to the register or any part of the register must not disclose any personal information in the register, unless the person is—
a: authorised by the Commissioner to disclose the information; or
b: otherwise permitted or required, under any enactment or other law, to disclose the information.
2: A person to whom personal information about a registered offender is disclosed under this subpart must not disclose that information to any other person unless that disclosure is—
a: made with the consent of the Commissioner given (either generally or in a particular case) for the purposes of ensuring the safety or protection of a child or of children generally; or
b: otherwise permitted or required under any enactment or other law.
3: A person who contravenes subsection (1) subsection (2)
a: in the case of an individual, imprisonment for a term not exceeding 6 months; and
b: in the case of a body corporate, a fine not exceeding $50,000. Child Protection (Offenders Registration) Act 2000 s 21E(d) (NSW); Child Protection (Offender Reporting) Act 2004 s 70(1) (Qld)
48: Registrable offender’s rights in relation to register
1: If asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with all of the reportable information that is held in the register in relation to the registrable offender.
2: The Commissioner must comply with subsection (1)
3: A registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information).
4: The Commissioner must take reasonable steps to notify the registrable offender as to whether the Commissioner will comply with a request under subsection (3)
5: If the Commissioner denies a request made under subsection (3) Child Protection (Offenders Registration) Act 2000 s 19B(1)–(4) (NSW); Sex Offenders Registration Act 2004 s 66(1)–(4) (Vic); Child Protection (Offender Reporting) Act 2004 s 73(1)–(4) (Qld); Child Sex Offenders Registration Act 2006 s 63(1)–(4) (SA)
49: Review where error in placement on register or reporting period
1: This section applies if a person believes that—
a: the person has been placed on the register in error; or
b: an error has been made in working out the length of the person’s reporting period.
2: However, this section does not apply to a person who has been placed on the register as a result of a registration order (and who may appeal against that order under section 9(6)
3: The person may apply in writing to the Commissioner to review the following:
a: the decision to place the person on the register; or
b: the decision about the length of the person’s reporting period.
4: The application must be made within 28 days after the person is given notice of his or her reporting obligations under section 12 13 14 15
5: The person’s reporting obligations are not suspended because the person made the application.
6: On receiving an application for a review, the Commissioner must—
a: give the person a reasonable opportunity to state his or her case before making a decision on the matter; and
b: if the application relates to a decision to place the person on the register, review the decision to place the person on the register and confirm or revoke it; and
c: if the application relates to a decision about the length of the person’s reporting period, review the decision and confirm or change it; and
d: give the person written notice of—
i: the decision; and
ii: the person’s right under section 48
iii: if confirming the decision to place the person on the register or the decision about the length of the person’s reporting period, the person’s right of appeal under section 50
7: If the Commissioner revokes a decision to place a person on the register, the Commissioner must ensure that the person’s relevant personal information is removed from the register, and any copies of documents, fingerprints, fingerscans, or photographs taken from the person under this Act are not kept.
8: If the Commissioner changes a decision about the length of a person’s reporting period, the Commissioner must ensure that the entry for the reporting period on the register is corrected. Child Protection (Offender Reporting) Act 2004 s 74 (Qld)
50: Appeal
1: This section applies to a person who has received written notice from the Commissioner under section 49(6)﻿(d) section 49(3)
2: The person may appeal to a District Court against the review decision.
3: Sections 273 274 subpart 12 subsection (2)
4: No further appeal lies from the District Court’s determination of an appeal under this section.
51: Exclusion of liability
An act or omission that a person does or omits to do in good faith in the administration or execution of, or in accordance with, this Act does not subject the person personally to any action, liability, claim, or demand. Sex Offenders Registration Act 2004 s 71 (Vic)
4: Restrictions on change of name by offender
52: Application of subpart
This subpart applies despite anything to the contrary in the Births, Deaths, Marriages, and Relationships Registration Act 2021 Child Protection (Offenders Registration) Act 2000 s 19C(1) (NSW) Section 52 amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
53: Application for change of name by registrable offender
1: A registrable offender must not apply to the Registrar-General to register a change of his or her name under the Births, Deaths, Marriages, and Relationships Registration Act 2021
2: An offender who, without reasonable excuse, contravenes subsection (1) Child Protection (Offenders Registration) Act 2000 s 19E(1) (NSW) Section 53(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
54: Approval by Commissioner
1: In deciding whether to approve the making of a change of name application referred to in section 53
a: the safety of the registrable offender and other persons:
b: the registrable offender’s rehabilitation or care or treatment:
c: whether the proposed name change could be used to further an unlawful activity or purpose:
d: whether the proposed name change is likely to frustrate the administration of this Act in respect of the registrable offender:
e: whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.
2: If the Commissioner approves the making of the application, the Commissioner must, as soon as is reasonably practicable, give written notice of the approval to the registrable offender who sought the approval. Child Protection (Offenders Registration) Act 2000 s 19F(2)﻿(b), (3) (NSW); Child Protection (Offender Reporting) Act 2004 s 74A(3) (Qld)
3: Miscellaneous matters
Regulations
55: Regulations
1: The Governor-General may, by Order in Council, make regulations for any of the following purposes:
a: prescribing certain laws of foreign jurisdictions to be corresponding Acts for the purposes of this Act:
b: prescribing details relating to the administration of the register:
c: specifying, if a report is made otherwise than in person under section 25(2) or (5)﻿(b)
i: the circumstances in which information will be required concerning the identity of the registrable offender and the identity of the person making the report, or a document will be required verifying or supporting details in the report; and
ii: the manner in which that information or document is to be provided:
d: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments to Corrections Act 2004
56: Corrections Act 2004 amended
Sections 57 58 Corrections Act 2004 2016-10-14 Corrections Act 2004
57: Section 182A amended (Information sharing about child sex offenders)
In section 182A(3)﻿(a) or conditions of an extended supervision order conditions of an extended supervision order, restrictions related to a public protection order under the Public Safety (Public Protection Orders) Act 2014 Public Safety (Public Protection Orders) Act 2014
58: Section 182B amended (Definition of child sex offender)
Replace section 182B(1)﻿(a)
a: has been convicted of a qualifying offence or a corresponding offence as defined in section 4 Child Protection (Child Sex Offender Government Agency Registration) Act 2016 Consequential amendment to Criminal Procedure Act 2011
59: Criminal Procedure Act 2011 amended
Sections 60 61 Criminal Procedure Act 2011 2016-10-14 Criminal Procedure Act 2011
60: Section 209 amended (Publication by or at request of Police, etc)
After section 209(2)﻿(b)
ba: any specified agency, corresponding Registrar, corresponding overseas agency, or affected person within the meaning of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 sections 43 to 45
61: New section 348A inserted (How appeal affects registration orders)
After section 348
348A: How appeal affects registration orders
1: On a conviction to which an appeal relates where the court appealed from made a registration order under section 9 Child Protection (Child Sex Offender Government Agency Registration) Act 2016
2: The reporting period resumes from the date on which—
a: the appeal is dismissed or abandoned; or
b: leave to appeal is refused; or
c: the appeal is decided, if neither the registration order nor the conviction on which it was imposed is set aside.