The Child Protection Offenders Registration Act
Most criminal statutes are State rather than Federal, however there are certain laws that are strictly Federal such as the Child Protection Offenders Registration Act. This law requires individuals who commit certain sex offences to register with police.
On the application of a registrable person, the Supreme Court may order that their reporting obligations be suspended.
Sex Offender Registration Act
The Act requires sex offenders to register their details with the police. This information is then made public. This allows police and law enforcement agencies to identify sex offenders who have had contact with children, as well as other crimes that may have occurred against the children they have been in contact with.
The Act also imposes a mandatory reporting requirement, which requires registrable offenders to notify police of any time they have had contact with children. This enables law enforcement authorities to respond quickly in the event of any incidents involving child victims.
A registrable person can ask the police commissioner to amend any information held about them that is incorrect. The police commissioner must comply with the request if they are satisfied that the information is incorrect. The Act also provides for a restraining order to be issued by a court if an offender fails to comply with their reporting obligations. The restraining order may prohibit the offender from being within 500 metres of any school building or real property where there are children under the age of 18. It is enforceable by the court.
Sex Offender Registration Regulations
If you are found guilty of one or more of the crimes listed in the Act, you will be required to register and update information about yourself. If you don’t comply with the law, you could be charged with a serious felony.
The law requires that you give the police commissioner a set of fingerprints and a photograph of yourself. This photograph must be updated every three years.
A sex offender who has been given a level three designation or a sexual predator designation must also personally verify his or her address every ninety calendar days. This verification shall be done at the local law enforcement agency that has jurisdiction where the sex offender lives.
A skilled sex crimes attorney can help you navigate the child protection offenders registration regulations and protect your rights. If you are placed on the list, your attorney can try to negotiate with prosecutors to minimise time on the register.
Sex Offender Registration Orders
The law requires sex offenders who are convicted of certain crimes to register for life. These include rape, sexual assault, criminal sexual contact, and other offenses involving a child. Sexually violent predators and sexually aggressive delinquent children must also register for life.
In order to register, offenders must complete a form that includes their name and contact information. They must also agree to a background check and fingerprinting. This will enable the government to monitor their movements and prevent them from interacting with minors.
A sex offender can apply to the Supreme Court to be removed from the registry if they are no longer at risk of committing another sex offence and can prove that they do not pose a threat to public safety. Applicants will have to meet several criteria set by statute and Attorney General guidelines.
Registrable persons are required to notify police of any changes in their address or employment. The police can then notify any agencies or individuals that may be at risk of having contact with a registrable person.
Sex Offender Registration Appeal
A person who is aggrieved by a decision of the police commissioner about an order under this division may appeal against the decision to the Supreme Court within 3 days after receiving notice of the decision. The Supreme Court, in deciding the appeal, may make any decision that could have been made by the police commissioner.
The police commissioner may require a reportable offender to notify him of any change in the offender’s personal details. Such a notification must be made as soon as the change happens. For example, if the reportable offender buys or sells a car, he must notify the police commissioner of the new details of the car.
The police commissioner may also make an application to the Local Court for an order cancelling a registered corresponding order. The application must include details of any changes in the respondent’s circumstances that have occurred since the registered corresponding order was registered. However, the police commissioner may not apply for such an order if an order is made dismissing or conditionally discharging the offender.