Ongoing consequences of child sex offences and offences relating to non-compliance.

• 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.

section 10 of the Crimes
(Sentencing Procedure) Act
1999 or section 33 (1) (a) of the Children (Criminal
Proceedings) Act 1987
Where a child is convicted of a single offence involving an act of indecency, possession of child pornography or filming for sexual gratitude

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

• 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.

• 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

• 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.

Registered Person
Prohibited Person
Prohibited engaging in or applying for Child
Related Employment

s24A Crimes (Sentencing Procedure)
Act

• 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 -
Access any social networking site
Actively seek to remain in the company of any person under the age of 18
Communicate or attempt to communicate with any person under the age of 18.

Not attend premises frequented by children including but not limited to playgrounds, parks, caravan parks, internet cafes, video arcades, game stores, libraries…..

A registrable person must not fail to comply with any of the person’s reporting obligations without 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
160
140
120
100
80
60
40
20
0 s10 Fine s9 CSO PD s12 Gaol

Offender Prohibition Orders s13(1) contravene prohibition order
23 cases
8
6
4
2
0
14
12
10 s10 Fine s9 CSO PD s12 Gaol

NSW Ombudsman – Survey
Overall effect of being on the Register

I am able to know the gravity of my crime and the effect on victim more fully.
Keeping myself more aware and accountable.
Makes me feel negative, paranoid, spiteful.