Australian Capital Territory Numbered Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 (NO. 30 OF 2005)

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Purpose and outline  
   7.      Meaning of finding of guilt  

CHAPTER 2--OFFENDERS TO WHOM ACT APPLIES

   PART 2.1--WHO IS A REGISTRABLE OFFENDER?

   8.      Who is a registrable offender?  
   9.      Registrable offender—exceptions  
   10.     What is a registrable offence?  
   11.     Who is a prescribed corresponding offender?  
   12.     Appeal proceedings irrelevant  
   13.     Effect of quashing of finding of guilt etc  

   PART 2.2--CHILD SEX OFFENDER REGISTRATION ORDERS

   14.     What is a child sex offender registration order?  
   15.     Court may make child sex offender registration order  
   16.     Court may only make order if person risk to sexual safety  
   17.     Court may only make order with sentence  
   18.     Court may only make order on prosecution application  

CHAPTER 3--REPORTING

   PART 3.1--DEFINITIONS FOR CH 3

   19.     What is a reporting obligation?  
   20.     What is a reporting offence?  

   PART 3.2--WHEN INITIAL REPORT MUST BE MADE

           Division 3.2.1--When registrable offender must make initial report of personal details

   21.     Offence—offender in ACT at commencement of Act must report  
   22.     Offence—offender in custody at commencement of Act must report  
   23.     Offence—offender must report after sentencing  
   24.     Offence—offender entering ACT must report  
   25.     Offence—prescribed corresponding offender must report  
   26.     Exception—offender's reporting obligations suspended  
   27.     Exception—protected registrable offender  

           Division 3.2.2--When registrable offender must make new initial report of personal details

   28.     Offence—offender later sentenced for registrable offence must report  
   29.     Offence—offender who later becomes prescribed corresponding offender must  
   30.     Offence—offender whose reporting suspension ceases must report  
   31.     Exception—offender's reporting obligations suspended  
   32.     Exception—protected registrable offender  

           Division 3.2.3--People required to report under corresponding law

   33.     Person entering ACT must make contact  
   34.     Offence—offender entering ACT must make contact  
   35.     Exception—person has already made contact  
   36.     Exception—offender's reporting obligations suspended  

   PART 3.3--ONGOING REPORTING

           Division 3.3.1--Annual reporting

   37.     Offence—offender must report annually  
   38.     Exception—offender in government custody  
   39.     Exception—offender outside ACT  
   40.     Exception—offender's reporting obligations suspended  
   41.     Exception—protected registrable offender  

           Division 3.3.2--Reporting of travel

   42.     Offence—offender leaving ACT must report travel details  
   43.     Defence—impracticable to report 7 days before leaving  
   44.     Offender not to be punished twice for failing to report travel  
   45.     Offence—offender outside ACT must report travel details  
   46.     Offence—offender outside ACT must report change of travel details  
   47.     Offence—offender must report return to ACT  
   48.     Offence—offender must report decision not to leave ACT  
   49.     Offence—offender must report regular travel  
   50.     Application to protected registrable offender  
   51.     Exception—protected registrable offender  
   52.     Exception—offender in government custody  
   53.     Exception—offender's reporting obligations suspended  

           Division 3.3.3--Other reporting

   54.     Offence—offender in ACT must report change of details  
   55.     Offence—offender returning to ACT must report change of details  
   56.     Offence—offender leaving custody must report  
   57.     Exception—offender's reporting obligations suspended  
   58.     Exception—protected registrable offender  

   PART 3.4--PROVISIONS APPLYING TO ALL REPORTS

           Division 3.4.1--What information is to be reported

   59.     What are personal details?  
   60.     Meaning of some concepts in s 59  
   61.     Meaning of employment in s 59  
   62.     Application of s 59 to protected registrable offender  

           Division 3.4.2--How report is to be made

   63.     How is a report made in an approved way?  
   64.     Where are approved reporting places?  
   65.     Reports by young offenders  
   66.     Reports by offenders with disability  
   67.     Regulation about reports not made in person  
   68.     Police officers who may receive reports  
   69.     Police officer receiving report may arrange interpreter  

           Division 3.4.3--Additional provisions for reports made in person

   70.     Offence—offender reporting in person must provide identification etc  
   71.     Offence—person reporting in person for offender must provide  
   72.     Identification documents may be copied  
   73.     Right to privacy when reporting in person  
   74.     Right to have support person when reporting in person  
   75.     Offender reporting in person may be fingerprinted to confirm  
   76.     Offender to be told why fingerprints needed  
   77.     Offence—offender must allow fingerprinting  
   78.     Offender reporting in person may be photographed  
   79.     Right to privacy when being photographed  
   80.     Right to have support person when being photographed  

           Division 3.4.4--Report to be acknowledged

   81.     Receipt of report to be acknowledged  

           Division 3.4.5--Keeping material for certain purposes

   82.     Documents, fingerprints, photographs may be kept  

   PART 3.5--REPORTING PERIOD

   83.     When reporting period begins  
   84.     Reporting period—single class 1  
   85.     Reporting period—single class 2 offence—8 years  
   86.     Reporting period—2 class 2 offences—15 years  
   87.     Reporting period—multiple offences—life  
   88.     Offences committed before commencement of Act used to work out length of reporting  
   89.     Reduced reporting period for young offenders  
   90.     Offences arising from same incident taken as 1 offence  
   91.     Reporting period for person subject to child sex offender registration  
   92.     Extended reporting period for offenders on parole  
   93.     Extended reporting period for offender in custody  
   94.     Reporting period for prescribed corresponding offenders  

   PART 3.6--SUSPENSION OF REPORTING OBLIGATIONS

   95.     Pt 3.6 only applies to offender with life-long reporting period  
   96.     Eligibility of offender to apply for suspension order  
   97.     Supreme Court may make suspension order  
   98.     Chief police officer is party to application  
   99.     No costs to be awarded for suspension order application  
   100.    Unsuccessful applicant cannot reapply for 5 years  
   101.    Suspension order ceases if offender reoffends  
   102.    Application for new suspension order  

   PART 3.7--NOTICE OF REPORTING OBLIGATIONS

   103.    What is a reporting obligations notice?  
   104.    Reporting obligations notice to be given when person becomes registrable  
   105.    Reporting obligations notice may be given at any time  
   106.    Courts to provide sentencing information to chief police officer  
   107.    Chief police officer must tell offender if reporting period  
   108.    Supervising authority to tell chief police officer of certain events  
   109.    Procedural defects do not affect offender's obligations  

   PART 3.8--PROTECTED WITNESSES

   110.    Who is a protected registrable offender?  
   111.    Protected and unprotected registrable offender declarations  
   112.    Review of unprotected registrable offender declaration  
   113.    Chief police officer must tell offender about AAT review  
   114.    AAT review of chief police officer's decision  
   115.    When protected and unprotected registrable offender declarations take  

   PART 3.9--REASONABLE STEPS TO COMPLY WITH REPORTING OBLIGATIONS

   116.    How court decides if person took all reasonable steps to comply with reporting  

CHAPTER 4--CHILD SEX OFFENDERS REGISTER

   117.    Establishment of child sex offenders register  
   118.    Access to child sex offenders register restricted  
   119.    Access to information about protected witnesses restricted  
   120.    Offence—unauthorised person must not access child sex offenders register  
   121.    Offence—secrecy  
   122.    Registrable offender may correct child sex offenders register  

CHAPTER 5--REGISTRABLE OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

   123.    What is employment?  
   124.    What is child-related employment?  
   125.    When is a person engaged in child-related employment?  
   126.    Offence—offender must not apply for child-related employment  
   127.    Offence—offender must not engage in child-related employment  
   128.    Offence—person in child-related employment must disclose charges  
   129.    Offence—person in child-related employment at commencement of Act must disclose  
   130.    Offence—person must disclose charges if applying for child-related  
   131.    Offence—person must disclose charges pending at commencement of Act if applying for  
   132.    Offence—employer must keep information secret  

CHAPTER 6--MISCELLANEOUS

   133.    Approved forms  
   134.    Protection from liability  
   135.    Effect of spent convictions  
   136.    Evidentiary certificates  
   137.    Regulation-making power  

CHAPTER 7--CONSEQUENTIAL AMENDMENTS

   138.    Legislation amended—sch 3  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES