Offender registration legislation in each Australian state and territory

The following information was compiled by staff from the Australian Institute of Family Studies at the request of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Last updated: June 2013

Users should check relevant legislation to be sure there have been no changes since this time.

Australian Capital Territory

Table 1. Summary of offender legislation in the Australian Capital Territory
Legislation Crimes (Child Sex Offenders) Act 2005

Purpose of registry

  • Require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time -
    • to reduce the likelihood that they will reoffend; and
    • to facilitate the investigation and prosecution of future offences that they may commit.
  • Prevent registrable offenders working in child-related employment.
  • Prohibit registrable offenders from engaging in conduct that poses a risk to the lives or sexual safety of children.

Assented to

29/06/2005

Register name

Child Sex Offenders Register

Who is subject to being put on the registry?

Any person sentenced for a registrable offence, or is the subject of a child sex offender registration order.

Definition of registrable offence

A class 1 or class 2 offence, or an offence that results in the making of a child sex offender registration order

Class one

  • Sexual intercourse with a child
  • Murder (where the person murdered is a child)
  • Sexual assault
  • Maintaining a sexual relationship with a young person
  • Benefiting from or encouraging child sex tourism
  • Sexual intercourse with a child under 16 outside Australia

Class two

  • Act of indecency
  • Abduction
  • Using child for production of child pornography
  • Trading in or possessing child pornography
  • Using the Internet to deprave a young person
  • Offences against the Prostitution Act 1992 involving children
  • Trafficking in children
  • Using a carriage service to procure or groom a child under 16
  • Importing or exporting tier 2 goods

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Two class 2 offences: 15 years

Multiple offences: Life

Details reported

  • (a) the offender's name, together with any other name by which the offender is, or has previously been, known;
  • (b) for each name other than the offender's current name - the period when the offender was known by the other name;
  • (c) the offender's date of birth;
  • (d) the address of each of the premises where the offender generally lives or, if the offender does not generally live at any particular premises, the name of each of the localities where the offender can generally be found

Note: A registrable offender generally lives at particular premises only if the offender lives at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60(a)).

  • (e) the names and ages of children -
    • (i) who generally live in the same household as the offender; or
    • (ii) with whom the offender has regular unsupervised contact;

Note 1: A child generally lives in the same household as a registrable offender only if they live together in the household for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60(b)).

Note 2: A registrable offender has regular unsupervised contact with a child only if the offender has unsupervised contact with the child for at least 3 days (whether or not consecutive) in a period of 12 months (see s 60(c)).

  • (f) if the offender is employed -
    • (i) the nature of the offender's employment; and
    • (ii) the name of the offender's employer (if any); and
    • (iii) the address of each of the premises where the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities where the offender is generally employed;

Note: A registrable offender is generally employed at particular premises only if the offender is employed at the premises for at least 7 days (whether or not consecutive) in a period of 12 months (see s 60(d)). Employment is also dealt with in s 61.

  • (g) details of the offender's affiliation with any club or organisation that has child membership or child participation in its activities;
  • (h) the make, model, colour, registration number, and any other particulars prescribed by regulation, of a motor vehicle owned by, or generally driven by, the offender;
    • Note: A registrable offender generally drives a particular motor vehicle only if the offender drives the vehicle on at least 7 days (whether or not consecutive) in a period of 12 months (see s 60(e)).
  • (i) details of any tattoo or permanent distinguishing mark that the offender has (including details of a tattoo or mark that has been acquired or removed);
  • (j) if the offender has ever been found guilty of a corresponding registrable offence - details of -
    • (i) the offence; and
    • (ii) when and where the finding of guilt happened; and
    • (iii) any order made by a court in relation to the finding of guilt;
  • (k) if the offender has ever been found guilty under a corresponding law of an offence that required the offender to report to a corresponding registrar - details of -
    • (i) the offence; and
    • (ii) when and where the finding of guilt happened; and
    • (iii) any order made by a court in relation to the finding of guilt;
  • (l) if the offender has ever been subject to a corresponding child sex offender registration order - details of -
    • (i) the order; and
    • (ii) when and where the order was made; and
    • (iii) the offence because of which the order was made;
  • (m) if the offender has been in government custody since the offender was sentenced or released from government custody (as the case may be) for a registrable offence or corresponding registrable offence - details of when and where the government custody happened;
  • (n) if, when making the report, the offender intends to travel outside the ACT, but within Australia, on an average of at least once a month (irrespective of the length of the absence) - in general terms, the frequency and destinations of the travel;
  • (o) if the offender has ever been subject to a corresponding prohibition order - details of -
    • (i) the order; and
    • (ii) when and where the order was made;
  • (p) details of any carriage service used by the offender;
  • (q) details of any Internet service provider or carriage service provider used by the offender;
  • (r) details of the kind of any Internet connection used by the offender.

Reporting obligations

Initial report

In person, to the chief police officer at an approved reporting place -

  • if the offender is not in, or does not begin, full-time government custody on the day the offender is sentenced for the registrable offence - within 7 days after the day the offender is sentenced for the registrable offence (excluding days in government custody); or within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
  • if the offender leaves the ACT (other than in government custody) within the 7 days - before leaving the ACT and the offender's reporting period has not ended before the end of the 7 days.

"Approved reporting place", for a registrable offender, means -

  • if a direction is given to the offender under a regulation about a police station where the report is to be made - at the police station directed; or
  • at another place prescribed by regulation.

Ongoing reporting

The offender must report, each year, the offender's personal details, in person, to the chief police officer at an approved reporting place except where:

  • offender is in government custody  
  • outside ACT
  • reporting obligations have been suspended
  • protected registrable offender

Change to information

Offender must report the following change to information:

  • if leaving ACT must report travel details  
  • offender outside ACT must report travel details if staying more that 7 days
  • offender outside ACT must report change of travel details  
  • return to ACT  
  • decision not to leave ACT  
  • regular travel  
  • change of details  (including
  • offender returning to ACT)

 

Penalties for non-compliance

200 penalty units or imprisonment for 2 years, or both

Penalty unit

$110 (individual) $550 (Corporation)

Legislation Act 2001 (ACT) s 133

Definition of child

Under 18 years

New South Wales

Table 2. Summary of offender legislation in New South Wales
Legislation Child Protection (Offenders Registration) Act 2000

Purpose of registry

  • Increase and improve the accuracy of child sex offender intelligence held by police.
  • Assist in the investigation and prosecution of child sex offences committed by recidivist offenders.
  • Provide a deterrent to re-offending.
  • Assist in the monitoring and management of child sex offenders in the community.
  • Provide child abuse victims and their families with an increase sense of security.

Assented to

27/06/2000

Register name

NSW Child Protection Register

Who is subject to being put on the registry?

Person whom a court has at any time (whether before, on, or after the commencement of the section) sentenced in respect of a registrable offence

Definition of registrable offence

A class 1 or class 2 offence, or an offence that results in the making of a child protection registration order

Class one

  • Murder (where the person murdered is a child)
  • An offence involving sexual intercourse with a child
  • Persistent sexual abuse of a child
  • Any offence under a law of a foreign jurisdiction that, if it had been committed in New South Wales, would have constituted an offence under New South Wales law
  • Attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition

Class two

  • Act of indecency
  • Procuring or grooming child under 16 for unlawful sexual activity
  • Kidnapping
  • Promoting, benefiting from, or engaging in acts of child prostitution
  • Sexual offences against children overseas
  • Relating to tier 2 goods Attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition
  • Attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition

These definitions extend to -

  • Any like offence committed in another jurisdiction
  • Any offence in which there is an intention to commit a like offence with a child
  • Attempting such an offence, conspiring or inciting the commission of such an offence.
  • Any like offence committed prior to the commencement of this legislation.

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Multiple offences: 15 years

Sexual reoffending: Life

Details reported

  • (a) the person's name, together with any other name by which the person is or has previously been known;
  • (b) in respect of each name other than the person's current name, the period during which the person was known by that other name;
  • (c) the person's date of birth;
  • (d) the address of each of the premises at which the person generally resides or, if the person does not generally reside at any particular premises, the name of each of the localities in which the person can generally be found;
  • (e) the names and dates of birth of any children who generally reside in the same household as that in which the person generally resides, or with whom the person has regular unsupervised contact;
  • (f) if the person is employed:
    • (i) the nature of the person's employment; and
    • (ii) the name of the person's employer (if any); and
    • (iii) the address of each of the premises at which the person is generally employed or, if the person is not generally employed at any particular premises, the name of each of the localities in which the person is generally employed;
  • (g) details of the person's affiliation with any club or organisation that has child membership or child participation in its activities;
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, the person;
  • (i) details of any tattoos or permanent distinguishing marks that the person has (including details of any tattoo or mark that has been removed);
  • (j) whether the person has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required the person to report to a corresponding registrar or been subject to a corresponding child protection registration order and, if so, where that finding occurred or that order was made;
  • (k) if the person has been in government custody since the person was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when or where that government custody occurred;
  • (l) if, at the time of making a report under this Division, the person leaves, or intends to leave, New South Wales to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence):
    • (i) in general terms, the reason for travelling; and
    • (ii) in general terms, the frequency and destinations of the travel;
  • (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used, or intended to be used, by the person;
  • (n) details of any Internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used, or intended to be used, by the person;
  • (o) details of the type of any Internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection;
  • (p) details of any email addresses, Internet user names, instant messaging user names, chat room user names or any other user name or identity used, or intended to be used, by the person through the Internet or other electronic communication service;
  • (q) any other information prescribed by the regulations.

Reporting obligations

Initial report

  • If the offender is not in, or does not begin, full-time government custody on the day the offender is sentenced for the registrable offence - within 7 days after the day the offender is sentenced for the registrable offence (excluding days in government custody); or
  • Within 7 days after the day the offender stops being in government custody (excluding days in government custody); or
  • A registrable person who enters New South Wales from a foreign jurisdiction and who has not previously been required under this Act to report his or her relevant personal information to the Commissioner of Police must do so within 7 days after entering and remaining in New South Wales for 14 or more consecutive days, not counting any days spent in government custody.

Ongoing

  • A registrable person must report the person's relevant personal information to the Commissioner of Police each year.
  • The registrable person must make the report by the end of the calendar month in which the anniversary of the date on which the person first reported in accordance with this Act or a corresponding Act falls.
  • If the registrable person has been in government custody since the person last reported the person's relevant personal information under this section, the information the person must report must include details of when and where that custody occurred.
  • If a registrable person's reporting period expires, but the person is then required to report again under section 9A, the reference to the date on which the person first reported is to be read as a reference to the date on which the person first reported in respect of the current reporting period.

Penalties for non-compliance

500 penalty units or imprisonment for 5 years, or both

Penalty unit

$110

Crimes (Sentencing Procedure) Act 1999 (NSW) s 17

Who can access registry information?

The Commissioner of Police must ensure that any information in the Register about a person to whom Division 5 applies, whose identity is apparent or can reasonably be ascertained from that information, cannot be accessed other than by a person authorised by the officer responsible for the day-to-day operation of the witness protection program.

A person must not disclose any information relating to a registrable person obtained in connection with the administration or execution of this Act, unless the disclosure:

  • is made in connection with the administration or execution of this Act or a corresponding Act or for law enforcement purposes; or
  • is made with the consent of the person to whom the information relates; or
  • is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter; or
  • is made with the consent of the Commissioner of Police 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
  • is made to the Minister or with the consent of the Minister (given in a particular case); or
  • is authorised or required by or under this Act or any other law.

Definition of child

Under 18 years

Northern Territory

Table 3. Summary of offender legislation in the Northern Territory
Legislation Child Protection (Offender Reporting and Registration) Act 2004

Purpose of registry

  • To reduce the likelihood that they will re-offend.
  • To facilitate the investigation and prosecution of any future offences that they may commit.

Assented to

11/04/04

Register name

Child Protection Offender Register

Who is subject to being put on the registry?

A person whom a court has, on or after the commencement day, sentenced for a reportable offence, or who has been made the subject of an offender reporting order

Definition of registrable offence

A class 1 or class 2 offence, or offence that results in the making of an offender reporting order

Class one

  • Sexual intercourse or gross indecency involving a child under 16 years
  • Sexual intercourse or gross indecency by providers of services to mentally ill or handicapped person, where the victim is a child
  • Sexual relationship with a child
  • Incest
  • Murder and manslaughter, where the victim is a child
  • Sexual servitude, where the victim is a child
  • Deceptive recruiting for sexual services

Class two

  • Possession of child pornography and possession and publishing of certain indecent articles
  • Sexual intercourse or gross indecency involving child over 16 under special care
  • Attempts to procure child under 16
  • Abduction, enticement, or detention of child under 16 for immoral purposes
  • Offences against the Prostitution Regulation Act involving an infant

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Multiple offences: 15 years

Sexual reoffending: Life

Details reported

In an initial report, the following are personal details that a reportable offender must report:

  • (a) his or her current 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 names and ages of any children who generally reside in the same household as that in which he or she generally resides or with whom he or she has regular unsupervised contact;
  • (f) if he or she is employed:
    • (i) the nature of his or her employment; and
    • (ii) the name of his or her employer (if any); and
    • (iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed;
  • (g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her;
  • (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);
  • (j) whether he or she has ever been found guilty in any foreign jurisdiction of a foreign reportable offence or an offence that required him or her to report to a corresponding registrar or been the subject of a corresponding offender reporting order and, if so, where that finding occurred or that order was made;
  • (k) if he or she has been in government custody, whether in the Territory or elsewhere, since he or she was sentenced or released from government custody (as the case may be) in respect of a reportable offence, foreign reportable offence or corresponding reportable offence - details of when and where that government custody occurred;
  • (l) if, at the time of making a report under this Division, the reportable offender travels or intends to travel, within the Territory or elsewhere, frequently (irrespective of the length of any such travel):
    • (i) in general terms, the reason for travelling; and
    • (ii) in general terms, the frequency and destinations of the travel;
  • (m) a telephone number at the premises where the reportable offender generally resides or, if the reportable offender does not generally reside at any particular premises, at least one telephone number by which the reportable offender may be contacted for each of the localities in which he or she can generally be found;
  • (n) the number of each mobile telephone used by the reportable offender;
  • (o) each email address used by the reportable offender;
  • (p) the name of each Internet service provider the reportable offender uses to access the Internet , and usernames adopted by the reportable offender;
  • (q) any other information prescribed by regulation.

Reporting obligations

Initial reporting

  • A reportable offender who is not in government custody in the Territory on the commencement date must report his or her personal details to the Commissioner within 90 days of the commencement date.
  • If the reportable offender is not in the Territory on the commencement date, he or she must report his or her personal details to the Commissioner within 14 non-custodial days after entering the Territory.
  • If the reportable offender has not previously been given a notice advising him or her of his or her reporting obligations in the Territory, he or she must report his or her personal details to the Commissioner within 7 days after being advised of his or her obligations.
  • A reportable offender must report his or her personal details to the Commissioner before leaving the Territory unless he or she entered and remained in the Territory for less than 14 non-custodial days.
  • A reportable offender who is in government custody in the Territory on the commencement date must report his or her personal details to the Commissioner:
    • within 7 days after ceasing to be in government custody; or
    • if the person leaves the Territory before the end of that period - before leaving the Territory.
  • A person who becomes a Territory reportable offender after the commencement date must report his or her personal details to the Commissioner:
    • within 7 days after:
      • being sentenced; or
      • ceasing to be in government custody in the Territory;
      • whichever is later; or
    • if the person leaves the Territory before the end of that period - before leaving the Territory.
  • A person who becomes a corresponding, foreign or deemed reportable offender after the commencement date must report his or her personal details to the Commissioner:
    • if he or she is in the Territory:
      • within 7 days after becoming a reportable offender; or
      • Must also report intention to travel within the state, outside the state and
      • if he or she leaves the Territory before the end of that period - before leaving the Territory; or
    • if he or she is not in the Territory - within 14 non-custodial days after entering the Territory unless he or she leaves the Territory before the end of that period.

Ongoing

  • A reportable offender must report his or her personal details to the Commissioner each year.
  • The reportable offender must make the report in each year during the calendar month in which he or she first reported in accordance with this Act.
  • If the reportable offender has been in government custody, whether in the Territory or elsewhere, since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred.
  • If a reportable offender's reporting period expires, but he or she is then required to report again under section 15, the reference to the month during which he or she first reported is to be read as a reference to the month during which he or she first reported in respect of the current reporting period.
  • Must also report intention to travel within the state, outside the state and international travel.

Penalties for non-compliance

100 penalty units or 2 years imprisonment

Penalty unit

$141 (indexed July each year)

Penalty Units Act 2009 s 3

Who can access registry information?

  • (1) The Commissioner must ensure:
    • (a) that the Register, or any part of the Register, is only accessed by a person or class of persons authorised to do so by the Commissioner; and
    • (b) that personal information in the Register is only disclosed by a person with access to the Register, or the relevant part of the Register, in circumstances authorised by the Commissioner or as otherwise required or authorised by or under any Act or law.
  • (2) Personal information in the Register that is to be disclosed under subsection (1)(b) otherwise than to a police officer or a law enforcement agency may only be disclosed by a person authorised to do so by the Commissioner.

Definition of child

Under 18 years

Queensland

Table 4. Summary of offender legislation in Queensland
Legislation Child Protection (Offender Reporting) Act 2004

Purpose of registry

Keep police informed of their whereabouts and other personal details for a period of time, to reduce the likelihood that they will re-offend, and to facilitate the investigation and prosecution of any future offences that they may commit, and for related purposes .

Assented to

29/11/2004

Register name

Child Protection Offender Register

Who is subject to being put on the registry?

Particular offenders who commit sexual or particular other serious offences against children

Definition of registrable offence

A class 1 or class 2 offence, or offence that results in the making of an offender reporting order

Class one

  • Unlawful sodomy
  • Carnal knowledge with or of children under 16
  • Incest
  • Maintaining a sexual relationship with a child
  • Unlawful homicide in circumstances that amount to murder
  • Rape or attempted rape
  • Attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition

Class two

  • Indecent treatment of children under 16
  • Procuring a young person for carnal knowledge
  • Using Internet to procure children under 16
  • Taking child for immoral purposes
  • Obscene publications and exhibitions
  • Involving child in making child exploitation material
  • Making, distributing, or possessing child exploitation material
  • Procuring prostitution
  • Possession of or making objectionable computer game or film

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Multiple offences: 15 years

Sexual reoffending: Life

Details reported

  • (a) the offender's name, together with any other name by which the offender is, or has previously been, known; and
  • (b) for each name other than the offender's current name, the period during which the offender was known by that other name; and
  • (c) the offender's date of birth; and
  • (d) the address of each of the premises at which the offender generally resides or, if the offender does not generally reside at any particular premises, the name of each of the localities in which the offender can generally be found; and
  • (e) the names and ages of any children who generally reside in the same household as that in which the offender generally resides, or with whom the offender has regular unsupervised contact; and
  • (f) if the offender is employed -
    • (i) the nature of his or her employment; and
    • (ii) the name of his or her employer (if any); and
    • (iii) the address of each of the premises at which the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities in which the offender is generally employed; and
  • (g) details of the offender's affiliation with any club or organisation that has child membership or child participation in its activities; and
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, the offender; and
  • (i) details of any tattoos or permanent distinguishing marks that the offender has, including details of any tattoo or mark that has been removed or changed; and
  • (j) whether the offender has ever been found guilty in any foreign jurisdiction of a reportable offence or of an offence that required the offender to report to a corresponding registrar, or been subject to a corresponding offender reporting order and, if so, where that finding occurred or that order was made; and
  • (k) if the offender has been in government detention since the offender was sentenced or released from government detention for a reportable offence or corresponding reportable offence - details of when and where the government detention occurred; and
  • (l) if, when a report is made under this division, the offender leaves, or intends to leave, Queensland to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of the absence) -
    • (i) the reason for travelling, in general terms; and
    • (ii) the frequency and destinations of the travel, in general terms; and
  • (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used or intended to be used by the offender; and
  • (n) details of any Internet service provider or carriage service provider (within the meaning of the Telecommunications Act 1997 (Cwlth)) used or intended to be used by the offender; and
  • (o) details of the type of any Internet connection used, or intended to be used, by the offender, including whether the connection is a wireless, broadband, ADSL or dial-up connection; and
  • (p) details of any email addresses, Internet user names, instant messaging user names, chat room user names or any other user name or identity used or intended to be used by the offender through the Internet or another electronic communication service; and
  • (q) the passport number and country of issue of each passport held by the offender.

Reporting obligations

Initial report

  • Within 7 days after the person stops being in government detention or within 7 days after the person is sentenced for the reportable offence (but is not in custody).
  • For those entering QLD, within 7 days after entering and remaining in Queensland for 14 or more consecutive days, not counting any days spent in government detention

Ongoing

  • Reportable offender must report annually
  • Reportable offender must report changes to relevant personal details
  • Intended absence from Queensland to be reported
  • Change of travel plans while out of Queensland to be given
  • Reportable offender to report return to Queensland or decision not to leave
  • Report of other absences from Queensland

Penalties for non-compliance

150 penalty units or 2 years imprisonment

Penalty unit

$110

Penalties and Sentences Act 1992 (QLD)

Who can access registry information?

The police commissioner must ensure -

  • that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the police commissioner; and
  • that personal information in the register is only disclosed by a person with access to the register, or the relevant part of the register, in circumstances authorised by the police commissioner or as otherwise required by or under any Act or law.

Definition of child

Under 18 years

South Australia

Table 5. Summary of offender legislation in South Australia
Legislation Child Sex Offenders Registration Act 2006

Purpose of registry

To prevent registered child sex offenders engaging in child-related work; and for other purposes.

Assented to

30/11/2006

Register name

Child Sex Offender Register

Who is subject to being put on the registry?

A person -

  • whom a court has at any time (whether before, on, or after the commencement of this section) sentenced for a class 1 or class 2 offence; or
  • who is, or has been, subject to a child sex offender registration order

Definition of registrable offence

A class 1 or class 2 offence, or offence that results in the making of a child sex offender registration order

Class one

  • Murder of a child occurring in the course of sexual assault or indecent assault
  • Rape of a child
  • Unlawful sexual intercourse
  • Kidnapping with the intent of committing a sexual offence against a child

Class two

  • Manslaughter where victim is child and arises from the same incident as a sexual offence
  • creating risk of serious harm to a child if the offence arises from the same incident as a sexual offence
  • indecent assault or gross indecency against a child
  • procuring a child for sexual intercourse
  • production or dissemination of child pornography
  • possession of child pornography
  • procuring child to commit an indecent act
  • deceptive recruiting for commercial sexual services if the victim is a child
  • use of children in commercial sexual services
    incest if the person with whom the offender had sexual intercourse was under the age of 17 years
  • a conspiracy to commit, or an attempt to commit, aid, abet, or counsel the commission an offence referred to in any of the above

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Two class 2 offences: 15 years

Multiple offences: Life

Details reported

  • (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 names and ages of any children who generally reside in the same household as that in which he or she generally resides, or with whom he or she has regular unsupervised contact;
  • (f) 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 he or she 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;
  • (g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her;
  • (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);
  • (j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding child sex offender registration order and, if so, where that finding occurred or that order was made;
  • (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or foreign registrable offence, details of when and where that government custody occurred;
  • (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence) -
    • (i) in general terms, the reason for travelling; and
    • (ii) in general terms, the frequency and destinations of the travel;
  • (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used, or intended to be used, by the person;
  • (n) details of any Internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used, or intended to be used, by the person;
  • (o) details of the type of any Internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection;
  • (p) details of any email addresses, passwords, Internet user names, instant messaging user names, chat room user names or any other access code, user name or identity used, or intended to be used, by the person through the Internet or other electronic communication service;
  • (q) any other information prescribed by the regulations.

Reporting obligations

Initial report

  • Within 28 days after offender ceases to be in government custody.
  • Any other person who becomes a registrable offender because he or she is sentenced for a class 1 or class 2 offence in South Australia or who becomes a registrable offender because of a child sex offender registration order made by a court in South Australia.
  • Within 28 days after he or she is sentenced for the class 1 or class 2 offence or the child sex offender registration order is made (as the case may be).
  • A registrable offender who enters South Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner.
  • Within 14 days after entering and remaining in South Australia for 14 or more consecutive days, not counting any days spent in government custody.

Ongoing

  • Registrable offender must report annually
  • Registrable offender must report changes to relevant personal details (14 days)
  • Intended absence from South Australia to be reported (7 days)
  • Change of travel plans while out of South Australia to be given (as soon as pracitcable)
  • Registrable offender to report return to South Australia or decision not to leave (14 days)
  • Report of other absences from South Australia

Penalties for non-compliance

$10,000 or imprisonment for 2 years

Penalty unit

No penalty units. Have division penalties and fines eg. division 9. fine is up to $500

Who can access registry information?

  • The Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the Commissioner in accordance with guidelines approved in accordance with this section.
  • The Commissioner must develop guidelines in relation to access to the register to ensure that access to information contained in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.
  • Guidelines developed under this section must be approved by the Minister.

Definition of child

Under 18 years

Tasmania

Table 6. Summary of offender legislation in Tasmania
Legislation Community Protection (Offender Reporting) Act 2005

Purpose of registry

To reduce the likelihood that they will reoffend and to facilitate the investigation of any future offences that they may commit), to enable courts to make orders specifying certain offenders to be reportable offenders, and for related purposes

Assented to

15/12/2005

Register name

Community Protection Offender Register

Who is subject to being put on the registry?

A person (a) whom a court, on or after the commencement of this Act, sentences for a reportable offence; or (b) whom the court is satisfied poses a risk of committing a reportable offence in the future

Definition of registrable offence

A class 1, class 2 or class 3 offence, or an offence that results in the making of an offender reporting order

Class one

  • Possessing, accessing, or attempting to access child exploitation material
  • Exhibiting obscene matter
  • Loitering near children
  • Exposing person
  • Assaulting with indecent intent

Class two

  • Making or reproducing child exploitation material
  • Distributing child exploitation material
  • Sexual conduct involving child under 16
  • Sexual intercourse with a young person under 17
  • Maintaining sexual relationship with young person under 17
  • Sexual intercourse with person with mental impairment
  • Indecent assault
  • Incest
  • Forcible abduction
  • Abduction of young person under 17
  • Stalking

Class three

  • Procuring, inviting or attempting to procure child to be involved in child exploitation material
  • Involving a person under the age of 18 in the production of child exploitation material
  • Sexual intercourse with a child under 16
  • Inducing a child under 16 to engage in sexual intercourse
  • Aggravated sexual assault (if the victim is a child)
  • Incest (if the victim is a child)
  • Rape
  • Kidnapping
  • Stalking (if the victim is a child)

Reporting period

Class 1 offence: 8 years

Multiple class 1 offences: 15 years

Class 2 offence: 15 years

Class 3 offence: 15 years

Offence under s 158 of the Criminal Code (murder): Life (when committed in conjunction with a Class 1,2, or 3 offence)

Class 3 offence, and then commits and sentenced for Class 2 or Class 3 offence: Life

Details reported

  • (a) his or her name, together with any other name by which he or she is, or has previously been, known; and
  • (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; and
  • (ba) any application he or she has made, or intends to make, to the Registrar of Births, Deaths and Marriages for a change of details; and
  • (c) his or her date of birth; and
  • (d) the address of each of the premises at which he or she generally resides; and
  • (e) the names and ages of any children who generally reside in the same premises as that in which he or she generally resides, or with whom he or she has regular unsupervised contact; and
  • (f) if he or she is employed -
    • (i) the nature of his or her employment; and
    • (ii) the name of his or her employer (if any); and
    • (iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed; and
  • (g) details of his or her affiliation with any club or organisation that has members who are children or that conducts activities in which children participate; and
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; and
  • (i) details of any tattoos or permanent distinguishing marks (including details of any tattoo or mark that has been removed) and any surgery or cosmetic procedure which has significantly altered his or her appearance; and
  • (ia) details of any Internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 (Cwlth)) used, or intended to be used, by the person; and
  • (ib) details of the type of any Internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, asymmetric digital subscriber line (ADSL), satellite or dial-up connection; and
  • (ic) details of any email addresses, Internet user names, instant messaging user names, chat room user names or any other user name or identity used, or intended to be used, by the person through the Internet or other electronic communication service and any passwords associated with each of these; and
  • (j) whether he or she has ever been found guilty in any foreign jurisdiction of a reportable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding offender reporting order and, if so, where that finding occurred or that order was made; and
  • (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a reportable offence or corresponding reportable offence, details of when and where that government custody occurred.

Reporting obligations

A reportable offender must report to the Registrar or an authorised person -

  • within 7 days of the court making an order under section 6 or 7 or a magistrate making an order under section 9; or
  • if the offender is not a corresponding reportable offender and is in government custody, within 7 days after he or she ceases to be in government custody; or
  • if the offender is a corresponding reportable offender, within 7 days of arriving in Tasmania if he or she intends to remain in Tasmania for 14 days or more; or
  • if the reportable offender intends to leave Tasmania for 7 or more consecutive days, no later than 7 days before leaving Tasmania; or
  • if the reportable offender has been absent from Tasmania for any period, within 7 days of entering Tasmania; or
  • any changes to his or her personal details within 7 days of the change of those details; or
  • any changes to his or her personal details which have occurred whilst absent from Tasmania within 7 days of entering Tasmania.

Reportable offender to report annually and as required by the Registrar

  • Intended absence from Tasmania to be reported (14 days)

Penalties for non-compliance

Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both

Penalty unit

$130

Penalty Units and other Penalties Act 1987 (Tas) ss 4 & 4A

Who can access registry information?

  • (1) The Register, or any part of the Register, is only to be accessed by a person who is authorised to do so by the Commissioner.
  • (2) Personal information in the Register is only to be disclosed by a police officer with access to the Register, or the relevant part of the Register, in circumstances authorised by the Commissioner or as otherwise required or authorised by or under any written or other law.
  • (3) Personal information in the Register that is to be disclosed under subsection (2) otherwise than to a police officer or a law enforcement agency may only be disclosed by the Commissioner or the Registrar.
  • (4) In subsection (3) law enforcement agency means -
    • (a) the Commissioner of the Australian Federal Police; or
    • (b) the Commissioner (however designated) of the police force of another state or a territory or another country.
  • (5) 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, whether or not that information is contained in the Register.
  • (6) This section has effect despite any written or other law to the contrary.

Definition of child

Under 18 years

Victoria

Table 7. Summary of offender legislation in Victoria
Legislation Sex Offenders Registration Act 2004

Purpose of registry

  • To require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time-
    • to reduce the likelihood that they will re-offend; and
    • to facilitate the investigation and prosecution of any future offences that they may commit.
  • To prevent registered sex offenders working in child-related employment.
  • To empower the Police Ombudsman to monitor compliance with Part 4 of this Act.

Assented to

10/01/04

Register name

Register of Sex Offenders

Who is subject to being put on the registry?

A registrable offender is a person whom a court has at any time (whether before, on, or after 1 October 2004) sentenced for a registrable offence

Definition of registrable offence

A class 1 or class 2 offence, or an offence that results in the making of a sex offender registration order

Class one

  • indecent assault
  • assault with intent to rape
  • indecent act with person with a cognitive impairment by providers of medical or therapeutic services
  • indecent act with person with a cognitive impairment by providers of special programs
  • administration of drugs etc.
  • abduction or detention
  • procuring sexual penetration by threats or fraud
  • sexual servitude
  • deceptive recruiting for commercial sexual services
  • burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault
  • aggravated burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault

Class two

  • indecent assault where the person against whom the offence is committed is a child
  • assault with intent to rape where the person against whom the offence is committed is a child
  • indecent act with child under the age of 16
  • indecent act with 16 or 17 year old child
  • indecent act with person with a cognitive impairment by providers of medical or therapeutic services where the person against whom the offence is committed is a child
  • indecent act with person with a cognitive impairment by providers of special programs where the person against whom the offence is committed is a child
  • administration of drugs etc. where the person against whom the offence is committed is a child
  • occupier etc. permitting unlawful sexual penetration
  • abduction or detention where the person against whom the offence is committed is a child
  • abduction of child under the age of 16
  • procuring sexual penetration by threats or fraud where the person against whom the offence is committed is a child
  • procuring sexual penetration of a child
  • bestiality
  • aggravated deceptive recruiting for commercial sexual services
  • loitering near schools etc.
  • production of child pornography
  • procurement of minor for child pornography
  • possession of child pornography
  • sexual performance involving a minor
  • burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault on a child
  • aggravated burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault on a child
  • causing or inducing a child to take part in sex work
  • obtaining payment for sexual services provided by a child
  • agreement for provision of sexual services by a child
  • allowing child to take part in sex work
  • publication or transmission of child pornography

Class 3

  • sexual penetration including sexual penetration where the victim is an adult including rape, incest, sexual penetration of person with a cognitive impairment by providers of medical or therapeutic services and sexual penetration of person with a cognitive impairment by providers of special programs

Class 4

  • indecent assault
  • assault with intent to rape
  • indecent act with person with a cognitive impairment by providers of medical or therapeutic services
  • indecent act with person with a cognitive impairment by providers of special programs
  • administration of drugs etc.
  • abduction or detention
  • procuring sexual penetration by threats or fraud
  • sexual servitude
  • deceptive recruiting for commercial sexual services
  • burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault
  • aggravated burglary in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault.

Reporting period

A class 1 or class 2 offence, or an offence that results in the making of a sex offender registration order

Details reported

  • (a) 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;
  • (da) his or her telephone number (if any);
  • (db) his or her email address (if any);
  • (dc) if the registrable offender has an Internet service provider, the name and business address of that Internet service provider;
  • (dd) any-
    • (i) Internet user names; or
    • (ii) instant messaging user names; or
    • (iii) chat room user names; or
    • (iv) other user name or identity- used or intended to be used by the registrable offender through the Internet or other electronic communication service;
  • (e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides, or with whom he or she has regular unsupervised contact;
  • (f) if he or she is employed-
    • (i) the nature of his or her employment; and
    • (ii) the name of his or her employer (if any); and
    • (iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed;
  • (g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her;
  • (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);
  • (j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding sex offender registration order and, if so, where that finding occurred or that order was made;
  • (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when and where that government custody occurred;
  • (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of  any such absence)-
    • (i) in general terms, the reason for travelling; and
    • (ii) in general terms, the frequency and destinations of the travel;
  • (m) the passport number and country of issue of each passport held by the  registrable offender.

Reporting obligations

Initial report

Registrable offenders must report in accordance with the following:

  • A registrable offender who enters government custody in Victoria on or after 1 October 2004 as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in Victoria must report their details to the Commissioner within 7 days after he or she ceases to be in government custody
  • A registrable offender (other than a corresponding registrable offender) in government custody in Victoria immediately before 1 October 2004 and who ceases to be in government custody whilst in Victoria must report to the Commissioner within 7 days after he or she ceases to be in government custody
  • A registrable offender (other than a corresponding registrable offender) who is in Victoria on 1 October 2004, but who is not in government custody at that time must report to the Commissioner within 45 days after 1 October 2004

Ongoing

  • Registrable offender must report annually
  • Registrable offender must report changes to relevant personal details (14 days)
  • Intended absence from Victoria to be reported (7 days)
  • Change of travel plans while out of Victoria to be given (as soon as practicable)
  • Registrable offender to report return to Victoria or decision not to leave (14 days)
  • Report of other absences from Victoria

Penalties for non-compliance

Maximum 5 years imprisonment

Penalty unit

$140.84 (Indexed 1 July each year)

Monetary Units Act 2004 (VIC) ss 5 & 6

Who can access registry information?

  • (1) The Chief Commissioner of Police must ensure-
    • (a) that the Register, or any part of the Register, is only accessed by a person, or a class of person, who is authorised to do so by the Chief Commissioner of Police; and
    • (b) that personal information in the Register is only disclosed in accordance with this Act.
  • (1A) Despite subsection (1)(b), the Chief Commissioner of Police may notify the Registrar within the meaning of the Births, Deaths and Marriages Registration Act 1996 of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register.
  • (1B) Despite subsection (1)(b), for the purposes of administering the Working with Children Act 2005, the Chief Commissioner of Police may notify the Secretary of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register.
  • (2) The Chief Commissioner of Police must develop guidelines in relation to the accessing and disclosure of personal information in the Register that attempt to ensure that access to the personal information in the Register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.
  • (3) For the purposes of this section, the Register includes any information from any register maintained under a corresponding Act that is accessible by the Chief Commissioner of Police, regardless of whether or not that information is physically part of the Register.
  • (4) This section has effect despite any other Act or law to the contrary.

Definition of child

Under 18 years

Western Australia

Table 8. Summary of offender legislation in Western Australia
Legislation Community Protection (Offender Reporting) Act 2004

Purpose of registry

To reduce the likelihood that they will re-offend and to facilitate the investigation and prosecution of any future offences that they may commit, to enable information to be published about certain offenders, to enable courts to make orders prohibiting certain offenders from engaging in specified conduct, and for related purposes.

Assented to

12/08/04

Register name

Community Protection Offender Register

Who is subject to being put on the registry?

A person whom a court, on or after the commencement of this Act, sentences for a reportable offence

Definition of registrable offence

A class 1 or class 2 offenc,e or an offence that results in the making of an offender reporting order

Class one

  • Facilitating sexual offences against children outside Western Australia
  • Murder, where the victim is a child
  • Infanticide
  • Sexual offences against a child under 13
  • Sexual offences against a child of or over 13 and under 16
  • Sexual relationship with a child under 16
  • Aggravated sexual penetration
  • Sexual offences by relatives and the like
  • Sexual offences against incapable person

Class two

  • Loitering near schools
  • Production or possession of child pornography
  • Procurement of minor for child pornography
  • Sexual performance involving a minor
  • Burglary or aggravated burglary where the offender entered with the intent to commit a sexual or indecent assault on a child
  • Causing, inducing, or allowing a child to take part in prostitution
  • Possessing, controlling, producing, supplying, or obtaining child pornography material for use through a carriage service
  • Using a carriage service to procure or groom persons under 6
  • Indecently recording child under 16
  • Indecent assault, where the victim is a child
  • Sexual servitude, where the victim is a child
  • Deceptive recruiting for commercial sexual services
  • Causing, permitting, or seeking to induce child to act as prostitute
  • Child pornography
  • Employment of child to perform in indecent manner
  • Special offences relating to tier 2 goods

Reporting period

Class 2 offence: 8 years

Class 1 offence: 15 years

Sexual reoffending: Life

Details reported

  • (a) his or her name, together with any other name by which he or she is, or has previously been, known; and
  • (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; and
  • (c) his or her date of birth; and
  • (daa) details of any passport that he or she holds, including its number and expiry date and the name of the country that issued it; and
  • (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; and
  • (da) any telephone number that he or she has or that he or she regularly uses; and
  • (db) any email address that he or she has or that he or she regularly uses; and
  • (dc) the name of any Internet service provider whose Internet carriage service -
    • (i) he or she is supplied with; or
    • (ii) he or she regularly uses; and
  • (dd) any name (other than a name reported under paragraph (a)) that he or she uses, or by which he or she is known, when using the Internet for the purposes of communication; and
  • (de) any -
    • (i) website; or
    • (ii) communication service provided by means of the Internet, in connection with which he or she uses a name referred to in paragraph (a) or (dd) or an email address referred to in paragraph (db); and
  • (df) any user name, code, password or other information that he or she uses to gain access to -
    • (i) the Internet generally or a particular website, other than a website operated by an authorised deposit-taking institution, as defined in the Banking Act 1959 (Cwlth), or a website approved by the Commissioner under subsection (1b); or
    • (ii) an email address referred to in paragraph (db) or a communication service referred to in paragraph (de); and
  • (e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides, or with whom he or she has regular unsupervised contact; and
  • (fa) the address of each of the premises at which -
    • (i) he or she is regularly present; and
    • (ii) any children generally reside; and
    • (f) if he or she is employed -
    • (i) the nature of his or her employment; and
    • (ii) the name of his or her employer (if any); and
    • (iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed; and
  • (g) details of his or her affiliation with any club or organisation that has members who are children or that conducts activities in which children participate; and
  • (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; and
  • (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed); and
  • (j) whether he or she has ever been found guilty in any foreign jurisdiction of a reportable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding offender reporting order or a corresponding prohibition order recognised under section 108 and, if so, where that finding occurred or that order was made; and
  • (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a reportable offence or corresponding reportable offence - details of when and where that government custody occurred; and
  • (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, Western Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence) -
    • (i) in general terms, the reason for travelling; and
    • (ii) in general terms, the frequency and destinations of the travel.

Reporting obligations

Initial reporting

  • A reportable offender who enters government custody in Western Australia on or after the commencement day as a consequence of having been sentenced for a reportable offence and who ceases to be in government custody while in Western Australia
  • Within 7 days after he or she ceases to be in government custody
  • In government custody in Western Australia immediately before the commencement day and who ceases to be in government custody while in Western Australia
  • Within 60 days after the commencement day or 7 days after he or she ceases to be in government custody, whichever is the later
  • A reportable offender (other than a corresponding reportable offender) who is in Western Australia on the commencement day, but who is not in government custody at that time
  • Within 60 days after the commencement day or, if he or she is given written notice of his or her reporting obligations within 53 days after that day, within 7 days after he or she is given that notice
  • A reportable offender who enters Western Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner
  • Within 14 days after entering Western Australia, if remaining in Western Australia for 14 or more consecutive days, not counting any days spent in government custody
  • A corresponding reportable offender who has not previously reported his or her personal details to the Commissioner and who is in Western Australia on the date on which he or she becomes a corresponding reportable offender
  • Within 7 days after he or she becomes a corresponding reportable offender or 7 days after he or she ceases to be in government custody, whichever is the later

Ongoing

  • Reportable offender to report annually and as required by Commissioner
  • Reportable offender to report changes to relevant personal details (7 days)
  • Intended absence from place of residence to be reported (7 days)
  • Intended absence from Western Australia to be reported (7days)
  • Change of travel plans while out of Western Australia to be reported (as soon as practicable)
  • Reportable offender to report return to Western Australia or decision not to leave (7 days)
  • Report of other absences from Western Australia

Penalties for non-compliance

$12,000 and imprisonment for 2 years

Penalty unit

Varies depending on legislation $50 (road offences) $110 (serious offences)

Who can access registry information?

  • (1) The Commissioner must ensure -
    • (a) that the Register, or any part of the Register, is only accessed by a person who is authorised to do so by the Commissioner; and
    • (b) that personal information in the Register is only disclosed by a police officer with access to the Register, or the relevant part of the Register, in circumstances authorised by the Commissioner or as otherwise required or authorised by or under any written or other law.
  • (2) Personal information in the Register that is to be disclosed under subsection (1)(b) otherwise than to a police officer or a law enforcement agency may only be disclosed by a police officer of or above the rank of inspector.

Definition of child

Under 18 years


Research by AIFS for the Royal Commission into Institutional Responses to Child Sexual Abuse

Further reading on child abuse and neglect