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Child Sex Offender Registration
Introduction and Purpose
Each State and Territory in Australia maintains a register of offenders who have been convicted of crimes involving children. While such registers are relatively new developments in Australia, their existence has generated considerable public debate regarding their purpose and role.
Although the detailed scope of each register differs, the common purpose is to provide a central point of record for police and other authorised government entities to track individuals who are colloquially known as "child sex offenders".
However, it is important to recognise the level of detail and usage of each jurisdictional register. This article aims to briefly overview the legislative regime in Australia.
What is the Law in Australia?
The following legislation governs offender registration in each Australian state or territory:
- ACT – Crimes (Child Sex Offenders) Act 2005
- NSW – Child Protection offenders registration Act 2000
- NT – Child Protection (Offender Reporting and Registration) Act 2004
- Qld – Child Protection (Offender Reporting) Act 2004
- SA – Child Sex Offenders Registration Act 2006
- TAS – Community Protection (Offender Reporting) Act 2005
- VIC – Sex Offenders Registration Act 2004
Each State or Territory register scheme provides a mechanism for regulating:
- What constitutes a "registrable offence";
- For how long an offender must remain registered;
- The level of reporting obligations placed on a registered offender (such as if they must report a change of address, employment or travel plans);
- The mechanism for appeals against registration (or details maintained on register); and
- How an offender may be removed from the register.
Operation of Child Sex Offender Registers
A registrable offence typically involves a criminal conviction under state or territory law for a sexual offence involving a child. However, a key feature of these registers is that they include offences against Commonwealth criminal legislation that may have occurred overseas. Given that Commonwealth criminal legislation has extra-territorial application (eg. it could apply to child-sex tourism or an offence committed outside of Australia) the potential for a child sex offender to escape Australian prosecution (and subsequent registration) is reduced.
Owing to the gravity of a registrable offence, registration can range from a number of years to life. Some matters which child sex offenders may have to report to an authorised authority include: their address, employment details, organisational affiliations or vehicle registration details. For example, an interesting feature of New South Wales's register is a requirement for an offender to provide details of any telecommunication services they use, including passwords and user identification details for e-mail and instant messenger services.
Access
Generally access to the child sex offender register is restricted to police bodies and other authorised government entities. These may include hospitals, health departments and public housing authorities.
