{"id":"child-protection-offender-reporting-and-registration-act-2004","name":"Child Protection (Offender Reporting and Registration) Act 2004","slug":"child-protection-offender-reporting-and-registration-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29902,"registerId":"nt-child-protection-offender-reporting-and-registration-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Child Protection (Offender Reporting\nand Registration) Act 2004.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\nchild means a person who is under the age of 18 years.\nchild protection prohibition order, for Part 5, see section 69.\nchild-related employment, see section 91(1).\nClass 1 offence, see section 12(2).\nClass 2 offence, see section 12(3).\n\nChild Protection (Offender Reporting and Registration) Act 2004 2\ncommencement date means the date on which section 14 comes\ninto operation.\nCommissioner means the Commissioner of Police.\ncorresponding Act means a law of a foreign jurisdiction:\n(a) that provides for people who have committed specified\noffences to report in that jurisdiction information about\nthemselves and to keep that information current for a specified\nperiod; and\n(b) that the Regulations state is a corresponding Act for this Act.\nconduct, for Part 5, see section 69.\ncorresponding offender reporting order means an order made\nunder a corresponding Act that falls within a class of orders\nprescribed by the Regulations as a corresponding offender\nreporting order for this Act.\ncorresponding prohibition order, for Part 5, see section 69.\ncorresponding registrar means the person whose duties and\nfunctions under a corresponding Act most closely correspond to the\nduties and functions of the Commissioner under this Act.\ncorresponding reportable offence means an offence against a\nlaw of a foreign jurisdiction that results in a person becoming a\ncorresponding reportable offender for this Act.\ncorresponding reportable offender, see in section 8.\ncourt, for:\n(a) Parts 1 to 4, 6 and 7 – includes a court (however described) of\na foreign jurisdiction; or\n(b) Part 5 – see section 69.\ndeemed reportable offender, see section 10.\ndetainee means a person who is a detainee within the meaning of\nthe Youth Justice Act 2005.\nexisting controlled reportable offender:\n(a) means a person who, as a result of having been sentenced by\na Territory court for a reportable offence, was under the\nsupervision of a supervising authority or any other person or\nbody at the commencement date; and\n\nChild Protection (Offender Reporting and Registration) Act 2004 3\n(b) includes a person who is, at the commencement date, in\ngovernment custody in the Territory in respect of an offence\nthat is a Class 1 or Class 2 offence.\nfinding of guilt, see section 4.\nfingerscan means fingerprints taken by means of a device to\nobtain a record of the fingerprints.\nforeign jurisdiction means a jurisdiction other than the Territory,\nincluding a jurisdiction outside Australia.\nforeign reportable offence means an offence that is a reportable\noffence for a foreign jurisdiction but is not a reportable offence\nwithin the meaning of this Act.\nforeign reportable offender, see section 9.\nforeign witness protection law means a law of a foreign\njurisdiction that provides for the protection of witnesses.\ngood behaviour bond means:\n(a) a community correction order made under the Sentencing\nAct 1995 without recording a conviction; or\n(ab) an order made under section 11(1) of the Sentencing Act 1995\nas in force before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022; or\n(b) an order under section 83(1)(f) of the Youth Justice Act 2005.\ngovernment custody means:\n(a) custody as:\n(i) a prisoner or detainee; or\n(ii) a person who is subject to a custodial supervision order\nunder Part IIA of the Criminal Code; or\n(b) custody under a law of a foreign jurisdiction in the nature of\ncustody referred to in paragraph (a).\nguardian, in relation to a child who is over the age of 17 years,\nincludes a guardian under the Guardianship of Adults Act 2016.\ninterim prohibition order, for Part 5, see section 69.\nnon-custodial day means a day not spent in government custody.\n\nChild Protection (Offender Reporting and Registration) Act 2004 4\noffender reporting order means an order made under section 13\nand includes a corresponding offender reporting order.\nparole means a parole order under the Parole Act 1971 and\nincludes any equivalent order made under a law of a foreign\npersonal details, in relation to a reportable offender, include:\n(a) the information listed in section 16(1); and\n(b) details of the person's physical appearance.\npersonal information means information from which a person's\nidentity is apparent or is reasonably able to be ascertained.\nprisoner see section 6 of the Correctional Services Act 2014.\nprohibition order, see section 69.\npublic authority means:\n(a) an Agency or department of the Public Service; or\n(b) a local government council; or\n(c) any other body, whether incorporated or not, established or\ncontinued for a public purpose under an Act and that, under\nthe authority of an Act, performs a statutory function on behalf\nof the Territory.\nRegister means the Child Protection Offender Register established\nunder section 64.\nregistrar, for Part 5, see section 69.\nreportable offence, see section 12.\nreportable offender, see section 6.\nreporting obligations, in relation to a reportable offender, means\nthe obligations imposed on him or her by Part 3.\nreporting period means the period, as determined under Part 3,\nDivision 5, during which a reportable offender must comply with his\nor her reporting obligations.\nrespondent, for Part 5, see section 69.\n\nChild Protection (Offender Reporting and Registration) Act 2004 5\nsentence includes:\n(a) an order under Part 6 of the Youth Justice Act 2005; and\n(b) a supervision order under Part IIA, Division 5 of the Criminal\nCode;\nand includes any sentence or equivalent order or undertaking\nimposed under a law of a foreign jurisdiction.\nstrict supervision means supervision by:\n(a) the Commissioner of Correctional Services or a person\nemployed within the Agency responsible for correctional\nservices; or\n(ab) the CEO (Youth Justice) or a person employed within the\nAgency responsible for youth justice; or\n(b) the Chief Executive Officer of, or a person employed within,\nthe Agency responsible for mental health; or\n(c) an authority of a foreign jurisdiction in the nature of an\nauthority referred to in paragraph (a) or (b).\nsupervised sentence means:\n(a) an intensive community correction order made under the\nSentencing Act 1995; or\n(b) a community correction order made under the Sentencing\nAct 1995:\n(i) that is subject to a condition to participate in an\napproved project imposed under section 34(1)(a) of that\nAct; or\n(ii) under which a person is subject to strict supervision; or\n(ba) a home detention order or community work order made under\nthe Sentencing Act 1995 as in force before the\ncommencement of Part 2 of the Sentencing and Other\nLegislation Amendment Act 2022; or\n(bb) a community work order or alternative detention order made\nunder the Youth Justice Act 2005; or\n(c) a good behaviour bond under which the person is required to\nsubmit to strict supervision; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 6\n(d) a non-custodial supervision order within the meaning of\nPart IIA of the Criminal Code.\nsupervising authority, in relation to a reportable offender, means\nan authority prescribed by the Regulations as the authority having\ncontrol of the person.\nTerritory reportable offender, see section 7.\nTerritory witness protection program, see definition TWPP in\nsection 3(1) of the Witness Protection (Northern Territory) Act 2002.\nyoung reportable offender, for Part 5, see section 69.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Finding of guilt","content":"4 Finding of guilt\n(1) A reference in this Act to a finding of guilt (however expressed) in\nrelation to an offence committed by a person is a reference to any\nof the following:\n(a) a court making a formal finding of guilt in relation to the\n(b) a court accepting a plea of guilty from the person in relation to\nthe offence;\n(c) a finding under section 43I(2) or 43X(2) or (3) of the Criminal\nCode or under equivalent provisions of a law of a foreign\n(2) A reference in this Act to a finding of guilt does not include a finding\nof guilt that is subsequently quashed or set aside by a court.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Other matters","content":"5 Other matters\n(1) For this Act, offences arise from the same incident only if they are\ncommitted within a single period of 24 hours and are committed\nagainst the same person.\n(2) A reference in this Act to doing a thing in person is a reference to\ndoing the thing by personal attendance at a place and it is not\nsufficient to attend the place by telephone or electronic means.\n\nChild Protection (Offender Reporting and Registration) Act 2004 7\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Reportable offenders","content":"6 Reportable offenders\n(1) A reportable offender is any of the following:\n(a) a Territory reportable offender;\n(b) a corresponding reportable offender;\n(c) a foreign reportable offender;\n(d) a deemed reportable offender.\n(2) The Regulations may provide that certain classes of offender who\nare foreign reportable offenders are not reportable offenders for this\nAct.\n(3) A person ceases to be a reportable offender if:\n(a) the finding of guilt in respect of the only offence that makes\nhim or her a reportable offender for this Act is quashed or set\naside by a court; or\n(b) he or she is a reportable offender only because he or she is\nthe subject of an offender reporting order and that order is\nquashed on appeal.\n(4) For this section, it is immaterial whether a person may lodge, or has\nlodged, an appeal in respect of a finding of guilt, sentence or\noffender reporting order.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Territory reportable offenders","content":"7 Territory reportable offenders\n(1) A Territory reportable offender is a person whom a Territory court\nhas, on or after the commencement date, sentenced for a\nreportable offence or who has been made the subject of an\noffender reporting order.\n(2) An existing controlled reportable offender is also a Territory\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Corresponding reportable offenders","content":"8 Corresponding reportable offenders\nA corresponding reportable offender is a person:\n(a) whom a court outside the Territory has, at any time before, on\nor after the commencement date, sentenced for an offence\nthat is a reportable offence for this Act; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 8\n(b) who has been made the subject of a corresponding offender\nreporting order in a foreign jurisdiction;\nand as a result was, is or would be required to report to the\ncorresponding registrar in that jurisdiction.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Foreign reportable offenders","content":"9 Foreign reportable offenders\nA foreign reportable offender is a person:\n(a) whom a court outside the Territory has, at any time before, on\nor after the commencement date, sentenced for an offence\nthat is not a reportable offence for this Act; or\n(b) who has been made the subject of a corresponding offender\nreporting order in a foreign jurisdiction;\nand as a result was, is or would be required to report to the\ncorresponding registrar in that jurisdiction.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Deemed reportable offenders","content":"10 Deemed reportable offenders\nA deemed reportable offender is a person whom a court outside\nthe Territory has, at any time before, on or after the commencement\ndate, sentenced for an offence that is a reportable offence for this\nAct, but who is not, was not or would not be required as a result, to\nreport to a corresponding registrar in that jurisdiction.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Exceptions","content":"11 Exceptions\n(1) Subject to section 13, the following persons are not reportable\noffenders:\n(a) a person who has been sentenced in respect of a Class 1 or\nClass 2 offence that he or she committed as a child;\n(b) a person who is subject to a good behaviour bond (or an\nequivalent order under a law of a foreign jurisdiction) in\nrespect of a Class 1 or Class 2 offence;\n(c) a person who has been sentenced in respect of a single\nClass 2 offence, if the sentence did not include:\n(i) a term of imprisonment; or\n(ii) a requirement that the person be under the supervision\nof a supervising authority or another person or body.\n\nChild Protection (Offender Reporting and Registration) Act 2004 9\n(2) A reference in subsection (1)(c) to a single offence includes a\nreference to more than one offence of the same kind arising from\nthe same incident.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Reportable offences","content":"12 Reportable offences\n(1) A reportable offence is:\n(a) a Class 1 offence; or\n(b) a Class 2 offence; or\n(c) an offence that results in the making of an offender reporting\n(2) A Class 1 offence is any of the following:\n(a) an offence against a provision specified in Schedule 1;\n(b) an offence under a law of a foreign jurisdiction that the\nRegulations prescribe to be a Class 1 offence;\n(c) an offence an element of which is an intention to commit an\noffence of a kind referred to in this subsection;\n(d) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence of a kind referred to in this subsection;\n(e) an offence that, at the time it was committed:\n(i) was a Class 1 offence for this Act; or\n(ii) if the offence was committed before the commencement\ndate – was an offence of a kind referred to in this\nsubsection;\n(f) an offence under a law of a foreign jurisdiction that, if it had\nbeen committed in the Territory, would have constituted an\noffence of a kind referred to in this subsection.\n(3) A Class 2 offence is any of the following:\n(a) an offence against a provision specified in Schedule 2;\n(b) an offence under a law of a foreign jurisdiction that the\nRegulations prescribe to be a Class 2 offence;\n(c) an offence an element of which is an intention to commit an\noffence of a kind referred to in this subsection;\n\nChild Protection (Offender Reporting and Registration) Act 2004 10\n(d) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence of a kind referred to in this subsection;\n(e) an offence that, at the time it was committed:\n(i) was a Class 2 offence for this Act; or\n(ii) if the offence was committed before the commencement\ndate – was an offence of a kind referred to in this\nsubsection;\n(f) an offence under a law of a foreign jurisdiction that, if it had\nbeen committed in the Territory, would have constituted an\noffence of a kind referred to in this subsection.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Offender reporting orders","content":"13 Offender reporting orders\n(1) If a court finds a person guilty of an offence that is not a Class 1 or\nClass 2 offence, it may order that the person comply with the\nreporting obligations of this Act.\n(2) If a court finds a person guilty of a Class 1 or Class 2 offence\ncommitted as a child (whether or not the person is still a child at the\ntime of the finding of guilt), it may order that the person comply with\nthe reporting obligations of this Act.\n(3) The court may make the order only if it is satisfied that the person\nposes a risk to the lives or the sexual safety of one or more children\nor children generally.\n(4) For subsection (3), it is not necessary that the court be able to\nidentify a risk to a particular child, particular children or a particular\nclass of children.\n(5) The court may make the order only if it imposes a sentence in\nrelation to the offence and must make the order concurrently with\nthat sentence.\n(6) The prosecution may apply for the order, but an application is not\nnecessary for the court to make the order.\n(7) For Part 3, Division 5, a person who is the subject of an order made\nunder this section is taken to have been found guilty of a Class 2\n\nChild Protection (Offender Reporting and Registration) Act 2004 11\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"When initial report must be made","content":"14 When initial report must be made\n(1) A reportable offender who is not in government custody in the\nTerritory on the commencement date must report his or her\npersonal details to the Commissioner within 90 days of the\ncommencement date.\n(2) Despite subsection (1), if the reportable offender is not in the\nTerritory on the commencement date, he or she must report his or\nher personal details to the Commissioner within 14 non-custodial\ndays after entering the Territory.\n(3) Despite subsections (1) and (2), if the reportable offender has not\npreviously been given a notice advising him or her of his or her\nreporting obligations in the Territory, he or she must report his or\nher personal details to the Commissioner within 7 days after being\nadvised of his or her obligations:\n(a) by a notice under section 52 or 56; or\n(b) as a result of contacting the Commissioner in accordance with\nsection 17.\n(4) Despite the periods allowed in subsections (1), (2) and (3), a\nreportable offender must report his or her personal details to the\nCommissioner before leaving the Territory unless he or she entered\nand remained in the Territory for less than 14 non-custodial days.\n(5) A reportable offender who is in government custody in the Territory\non the commencement date must report his or her personal details\nto the Commissioner:\n(a) within 7 days after ceasing to be in government custody; or\n(b) if the person leaves the Territory before the end of that\nperiod – before leaving the Territory.\n(6) A person who becomes a Territory reportable offender after the\ncommencement date must report his or her personal details to the\n(a) within 7 days after:\n(i) being sentenced; or\n(ii) ceasing to be in government custody in the Territory;\n\nChild Protection (Offender Reporting and Registration) Act 2004 12\nwhichever is later; or\n(b) if the person leaves the Territory before the end of that\nperiod – before leaving the Territory.\n(7) A person who becomes a corresponding, foreign or deemed\nreportable offender after the commencement date must report his\nor her personal details to the Commissioner:\n(a) if he or she is in the Territory:\n(i) within 7 days after becoming a reportable offender; or\n(ii) if he or she leaves the Territory before the end of that\nperiod – before leaving the Territory; or\n(b) if he or she is not in the Territory – within 14 non-custodial\ndays after entering the Territory unless he or she leaves the\nTerritory before the end of that period.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"When new initial report must be made by offender whose","content":"15 When new initial report must be made by offender whose\nprevious reporting obligations have ceased\n(1) If a reportable offender's reporting period expires but he or she is\nthen sentenced for a reportable offence, he or she must report his\nor her personal details to the Commissioner:\n(a) within 28 days after being sentenced for the reportable\noffence; or\n(2) If a reportable offender's reporting period expires but he or she then\nbecomes a corresponding, foreign or deemed reportable offender\nwho must under section 40 comply with the reporting obligations\nimposed by this Part for any period, he or she must report his or her\npersonal details to the Commissioner:\n(a) within 28 days after becoming a corresponding, foreign or\ndeemed reportable offender; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 13\n(3) If a reportable offender's reporting obligations are suspended by an\norder under section 42 (or an equivalent order in a foreign\njurisdiction) and that order ceases to have effect under section 46\n(or an equivalent provision of a law of a foreign jurisdiction), he or\nshe must report his or her personal details to the Commissioner:\n(a) within 28 days after the order ceases to have effect; or\n(4) If a reportable offender is not in the Territory at the time he or she\nwould be required under subsection (1), (2) or (3) to report his or\nher personal details to the Commissioner, he or she must report his\nor her personal details within 14 non-custodial days after entering\nthe Territory.\n(5) Despite the periods allowed in subsections (1), (2) and (3), a\nreportable offender must report his or her personal details to the\nCommissioner before leaving the Territory unless he or she entered\nand remained in the Territory for less than 14 non-custodial days.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Initial report by reportable offender of personal details","content":"16 Initial report by reportable offender of personal details\n(1) In an initial report, the following are personal details that a\nreportable offender must report:\n(a) his or her current name, together with any other name by\nwhich he or she is, or has previously been, known;\n(b) in respect of each name other than his or her current name,\nthe period during which he or she was known by that other\nname;\n(c) his or her date of birth;\n(d) the address of each of the premises at which he or she\ngenerally resides or, if he or she does not generally reside at\nany particular premises, the name of each of the localities in\nwhich he or she can generally be found;\n(e) the names and ages of any children who generally reside in\nthe same household as that in which he or she generally\nresides or with whom he or she has regular unsupervised\ncontact;\n\nChild Protection (Offender Reporting and Registration) Act 2004 14\n(f) if he or she is employed:\n(i) the nature of his or her employment; and\n(ii) the name of his or her employer (if any); and\n(iii) the address of each of the premises at which he or she\nis generally employed or, if he or she is not generally\nemployed at any particular premises, the name of each\nof the localities in which he or she is generally employed;\n(g) details of his or her affiliation with any club or organisation that\nhas child membership or child participation in its activities;\n(h) the make, model, colour and registration number of any motor\nvehicle owned by, or generally driven by, him or her;\n(i) details of any tattoos or permanent distinguishing marks that\nhe or she has (including details of any tattoo or mark that has\nbeen removed);\n(j) whether he or she has ever been found guilty in any foreign\njurisdiction of a foreign reportable offence or an offence that\nrequired him or her to report to a corresponding registrar or\nbeen the subject of a corresponding offender reporting order\nand, if so, where that finding occurred or that order was made;\n(k) if he or she has been in government custody, whether in the\nTerritory or elsewhere, since he or she was sentenced or\nreleased from government custody (as the case may be) in\nrespect of a reportable offence, foreign reportable offence or\ncorresponding reportable offence – details of when and where\nthat government custody occurred;\n(l) if, at the time of making a report under this Division, the\nreportable offender travels or intends to travel, within the\nTerritory or elsewhere, frequently (irrespective of the length of\nany such travel):\n(i) in general terms, the reason for travelling; and\n(ii) in general terms, the frequency and destinations of the\ntravel;\n(m) a telephone number at the premises where the reportable\noffender generally resides or, if the reportable offender does\nnot generally reside at any particular premises, at least one\ntelephone number by which the reportable offender may be\ncontacted for each of the localities in which he or she can\ngenerally be found;\n\nChild Protection (Offender Reporting and Registration) Act 2004 15\n(n) the number of each mobile telephone used by the reportable\noffender;\n(o) each email address used by the reportable offender;\n(p) the name of each internet service provider the reportable\noffender uses to access the internet, and usernames adopted\nby the reportable offender;\n(q) any other information prescribed by regulation.\n(2) For this section:\n(a) a reportable offender is taken to generally reside at any\nparticular premises if he or she resides at those premises for\n14 or more days (whether consecutive or not) in any period of\n12 months; and\n(b) a child is taken to generally reside in the same household as a\nreportable offender if they reside together in that household for\n14 or more days (whether consecutive or not) in any period of\n12 months; and\n(c) a reportable offender is taken to have regular unsupervised\ncontact with a child if he or she has unsupervised contact with\nthe child for 14 or more days (whether consecutive or not) in\nany period of 12 months; and\n(d) a reportable offender is taken to be generally employed at any\nparticular premises if he or she is employed at those premises\nfor 14 or more days (whether consecutive or not) in any period\nof 12 months; and\n(e) a reportable offender is taken to generally drive a particular\nmotor vehicle if he or she drives that vehicle on 14 or more\ndays (whether consecutive or not) in any period of 12 months.\n(3) For this section, a reportable offender is taken to be employed if he\nor she:\n(a) carries out work under a contract of employment; or\n(b) carries out work as a self-employed person or as a\nsub-contractor; or\n(c) carries out work as a volunteer for an organisation; or\n(d) undertakes practical training as part of an educational or\nvocational course; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 16\n(e) carries out work as a minister of religion or in any other\ncapacity for the purposes of a religious organisation.\n(4) For this section, a person is taken to be an employer if the person:\n(a) arranges, in the course of business, for the reportable offender\nto be employed by another person; or\n(b) engages the reportable offender under contract to carry out\nwork.\n(5) In subsection (1)(l):\nfrequently means in the order of 10 or more times in a year.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Persons required to report under corresponding Act","content":"17 Persons required to report under corresponding Act\n(1) This section applies to a person (other than one to whom Division 9\napplies) who has been required to report to a corresponding\nregistrar, whether or not he or she is a reportable offender for the\npurposes of this Act.\n(2) Unless the person has previously complied with the obligation\nimposed by this section, he or she must contact the Commissioner\nwithin 7 days after entering the Territory.\n(3) For subsection (2), contact may be made in person at a police\nstation, by telephone or by any other means prescribed by the\nRegulations.\n(4) The Commissioner must advise the person whether he or she is a\nreportable offender for this Act and any reporting obligations that he\nor she has under this Act.\n(5) A person is not guilty of an offence against section 48 because of a\nfailure to comply with the reporting obligation imposed by\nsubsection (2) if he or she:\n(a) is not a reportable offender for this Act; or\n(b) has not been notified of that reporting obligation; or\n(c) remains in the Territory for less than 14 non-custodial days; or\n(d) reports in accordance with section 14.\n\nChild Protection (Offender Reporting and Registration) Act 2004 17\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Reportable offender must report annually","content":"18 Reportable offender must report annually\n(1) A reportable offender must report his or her personal details to the\nCommissioner each year.\n(2) The reportable offender must make the report in each year during\nthe calendar month in which he or she first reported in accordance\nwith this Act.\n(3) If the reportable offender has been in government custody, whether\nin the Territory or elsewhere, since he or she last reported his or\nher personal details under this section, the details he or she must\nreport include details of when and where that custody occurred.\n(4) If a reportable offender's reporting period expires, but he or she is\nthen required to report again under section 15, the reference in\nsubsection (2) to the month during which he or she first reported is\nto be read as a reference to the month during which he or she first\nreported in respect of the current reporting period.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Reportable offender must report changes to relevant personal","content":"19 Reportable offender must report changes to relevant personal\ndetails\n(1) A reportable offender must report to the Commissioner any change\nin his or her personal details within 7 days after that change occurs.\n(1A) If the change is a change to the reportable offender's personal\nappearance that only alters the offender's appearance in a way that\nis insignificant, the offender need not report the change.\n(1B) Despite subsection (1A), if the change includes any of the following\nthe reportable offender must report the change under\nsubsection (1) even if the offender believes the change alters his or\nher appearance in a way that is insignificant:\n(a) shaving off a moustache or beard, growing a moustache or\nbeard or applying a false moustache or beard;\n(b) colouring hair so it is a different colour (as opposed to a mere\nchange in the shade of colour);\n(c) changing hair styles by shaving the head so it is bald, curling\nstraight hair, straightening curly or wavy hair, shortening hair\npreviously worn long or wearing a wig.\n\nChild Protection (Offender Reporting and Registration) Act 2004 18\n(1C) If the change includes a change of the reportable offender's name,\nhe or she must give the Commissioner, at the time of making the\nreport, a copy of:\n(a) any new birth certificate issued in relation to the change of\nname; and\n(b) any other documents relating to the change of name.\n(1D) A reportable offender must also report to the Commissioner, within\n7 days, any additional personal details as required by section 16(1)\nthat have not been previously reported to the Commissioner.\nExample for subsection (1D)\nAdditional personal details would include additional telephone numbers, email\naddresses or internet service providers used by the reportable offender that have\nnot been previously reported to the Commissioner.\n(2) For subsection (1), a change occurs in the place where the\nreportable offender or a child generally resides, or as to when the\nreportable offender has unsupervised contact with a child, or in the\nplace where the reportable offender is generally employed, or the\nmotor vehicle that he or she generally drives, only if the minimum\nnumber of days referred to in section 16(2) is reached or exceeded.\n(2A) Subsection (2) does not limit a requirement under section 20 for a\nreportable offender to report intended travel merely because the\ntravel results (or will result) in a change in a place where the\nreportable offender generally resides.\nExample for subsection (2A)\nA reportable offender travels to another place within Australia and takes up\nresidence at the other place. Although the reportable offender is not required to\nreport the change in the place of residence until 14 days after the number of days\nmentioned in section 16(2) have been reached, the reportable offender must\nhave reported the intended travel to the Commissioner before leaving the\nTerritory as required by section 20.\n(3) If the personal details of a reportable offender (other than one to\nwhom Division 9 applies) change while he or she is not in the\nTerritory, he or she must report the change to the Commissioner\nwithin 14 non-custodial days after entering the Territory unless he\nor she leaves the Territory before the end of that period.\n(4) A reportable offender who is in government custody in the Territory\nfor 14 or more consecutive days must report his or her personal\ndetails to the Commissioner:\n(a) within 7 days after ceasing to be in government custody; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 19\n(b) if he or she leaves the Territory before the end of that period –\nbefore leaving the Territory.\n","sortOrder":18},{"sectionNumber":"19A","sectionType":"section","heading":"Commissioner may require reportable offender to attend","content":"19A Commissioner may require reportable offender to attend\n(1) The Commissioner may give a reportable offender a written notice\nrequiring the offender to attend, at a time and place specified in the\nnotice, and answer questions about his or her personal details if the\n(a) suspects, on reasonable grounds, the personal details of the\noffender have changed and the offender has not reported the\nchange; or\n(b) requires the offender to clarify or expand on information the\nCommissioner has received from the offender or other\nsources.\n(2) A reportable offender commits an offence if he or she:\n(a) fails to attend in compliance with the notice; or\n(b) attends but fails to answer reasonable and relevant questions.\n(3) Answers given by a reportable offender under this section are not\nadmissible as evidence in a prosecution of the offender for an\noffence against this Act, other than an offence against section 49.\n","sortOrder":19},{"sectionNumber":"19B","sectionType":"section","heading":"Personal details prescribed by regulation","content":"19B Personal details prescribed by regulation\nIf a regulation prescribes additional personal details to be reported,\nthe additional reporting obligation applies only when a reportable\noffender is next required to report under section 18 or 19 or to\nanswer questions under section 19A.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Intended travel to be reported","content":"20 Intended travel to be reported\n(1) This section applies to a reportable offender who intends to:\n(a) travel within the Territory; or\n(b) leave the Territory to travel within Australia for 14 or more\nconsecutive days; or\n(c) leave the Territory to travel outside of Australia.\n\nChild Protection (Offender Reporting and Registration) Act 2004 20\n(1A) If the reportable offender intends to travel within the Territory, he or\nshe must, at least 7 days before starting to travel, report the\nintended travel to the Commissioner, including:\n(a) details of each address or location at which the offender\nintends to stay while travelling; and\n(b) the dates on which the offender intends to be at each address\nor location mentioned in paragraph (a).\n(2) If the reportable offender intends to leave the Territory, he or she\nmust, at least 7 days before leaving the Territory, report the\nintended travel to the Commissioner and must provide details of:\n(a) each State, Territory or country to which he or she intends to\ntravel while out of the Territory; and\n(b) the approximate dates during which he or she intends to be in\neach of those States, Territories or countries; and\n(c) each address or location within each State, Territory or\ncountry at which he or she intends to stay (to the extent that\nthey are known) and the approximate dates during which he or\nshe intends to stay at those addresses or locations; and\n(d) if he or she intends to return to the Territory, the approximate\ndate on which he or she intends to return; and\n(e) if he or she does not intend to return to the Territory, a\nstatement of that intention.\n(3) If, in the circumstance, it is impracticable for a reportable offender\nto report 7 days before starting to travel within, or before leaving,\nthe Territory, it is sufficient compliance with subsection (1A) or (2) if\nthe offender reports the required information to the Commissioner\nat least 24 hours before starting the travel.\n(4) The Regulations may specify circumstances in which\nsubsection (1A) does not apply to travel within the Territory.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Change of travel plans to be given","content":"21 Change of travel plans to be given\n(1) This section applies to a reportable offender who:\n(a) did not report to the Commissioner under section 20 and later\ndecides to extend his or her travel out of the Territory but\nwithin Australia to 14 or more consecutive days; or\n(b) did report under section 20 and later decides to change one or\nmore of the details provided in the report.\n\nChild Protection (Offender Reporting and Registration) Act 2004 21\n(2) As soon as possible after making the decision, the reportable\noffender must:\n(a) if subsection (1)(a) applies – report the travel to the\nCommissioner, including the details required under\nsection 20(2) as they relate to the travel already undertaken\nand the remaining intended travel; or\n(b) if subsection (1)(b) applies – report the changes to the\nCommissioner.\n(3) The reportable offender must make the report:\n(a) by facsimile or email sent to the Commissioner; or\n(b) in any other manner permitted by the Regulations.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Reportable offender to report return to Territory or decision","content":"22 Reportable offender to report return to Territory or decision\nnot to leave\n(1) This section applies to a reportable offender who was required\nunder section 20 to report that he or she intended to leave the\nTerritory.\n(2) If the reportable offender left the Territory, he or she must report his\nor her return to the Territory to the Commissioner within\n14 non-custodial days after entering the Territory unless he or she\nleaves the Territory before the end of that period.\n(2A) If the reportable offender left Australia, the report under\nsubsection (2) must be made in person and the reportable offender\nmust present his or her passport and any other relevant travel\ndocuments for copying.\nExamples of other relevant travel documents include the following:\n(a) a loose leaf visa;\n(b) accommodation receipts.\n(3) If the reportable offender has, in accordance with section 20,\nreported an intention to leave the Territory but later decides not to\nleave the Territory, he or she must report his or her change of\nintention to the Commissioner within 7 days after deciding not to\nleave.\n\nChild Protection (Offender Reporting and Registration) Act 2004 22\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Report of intended frequent travel","content":"23 Report of intended frequent travel\n(1) This section applies to a reportable offender to whom, at the time of\nmaking a report under this Division, any of the following applies:\n(a) the offender travels frequently, or intends to travel frequently,\nwithin the Territory;\n(b) the offender leaves the Territory frequently, or intends to leave\nthe Territory frequently, to travel within Australia or elsewhere;\n(c) the offender travels frequently, or intends to travel frequently,\nin a combination of travel within the Territory, within Australia\nor elsewhere.\n(1A) The reportable offender must report the following details to the\n(a) in general terms, the reason for travelling;\n(b) in general terms, the frequency and destinations of the travel.\n(2) This section does not affect a reportable offender's obligations\nunder sections 20, 21 and 22.\n(3) In subsection (1):\nfrequently means in the order of 10 or more times in a year.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Information concerning international travel to be given to AFP","content":"24 Information concerning international travel to be given to AFP\nAs soon as practicable after receiving a report under section 20, 21\nor 22 concerning a reportable offender's intentions in relation to\ntravel out of Australia, the Commissioner must ensure that the\ndetails of the proposed travel are given to the Commissioner of the\nAustralian Federal Police.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Where reports to be made","content":"25 Where reports to be made\nSubject to section 26, a reportable offender must make a report\nunder this Part:\n(a) at a police station in the locality in which the reportable\noffender is currently residing; or\n(b) at another place approved (either generally or in a particular\ncase) by the Commissioner; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 23\n(c) if a direction is given in accordance with the Regulations as to\nthe police station or approved place at which the report is to\nbe made, at the police station or approved place so directed.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"How reports to be made","content":"26 How reports to be made\n(1) Subject to subsection (2), a reportable offender may make a report\nunder this Part in person or in any other way permitted by the\nRegulations or by the Commissioner, either generally or in a\nparticular case.\n(2) A reportable offender must make the following reports under this\nPart in person:\n(a) an initial report required by Division 1;\n(b) an annual report required by section 18;\n(c) a report of a change of address of the premises at which he or\nshe generally resides or, if he or she does not generally reside\nat any particular premises, of the localities in which he or she\ncan generally be found;\n(d) a report of a significant change to the reportable offender's\nphysical appearance, including acquiring, changing or\nremoving any tattoo or distinguishing marks;\n(e) a report of a change of the reportable offender's name.\n(2A) To avoid doubt, subsection (2) does not limit any other provision\nunder this Act expressly requiring a report to be made in person.\nExample for subsection (2A)\nSection 22(2A) requires a reportable offender who left Australia to report in\nperson on return to the Territory.\n(3) Only a police officer may receive a report under this Part.\n(4) If a reportable offender attending in person is a child or has a\ndisability that makes it impracticable for him or her to make a report,\na parent, guardian, carer or other person nominated by the\nreportable offender who is accompanying the reportable offender\nmay make the report on the reportable offender's behalf.\n(5) If a reportable offender who is permitted to make a report other than\nin person in accordance with subsection (1) has a disability that\nmakes it impracticable for him or her to make the report, a parent,\nguardian, carer or other person nominated by the reportable\noffender may make the report on the reportable offender's behalf.\n\nChild Protection (Offender Reporting and Registration) Act 2004 24\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Right to privacy and support when reporting","content":"27 Right to privacy and support when reporting\n(1) A person making a report under this Part at a police station or a\nplace approved by the Commissioner is entitled to:\n(a) make the report out of the hearing of members of the public;\nand\n(b) be accompanied by a support person of his or her own choice.\n(2) A police officer receiving the report may arrange for an interpreter\nto be present when a person is making a report under this Part, but\nmust not allow the interpreter to be present unless the interpreter\nhas signed an undertaking not to disclose any information derived\nfrom the report unless required or authorised by or under any Act or\nlaw to do so.\n(3) A person who breaches his or her undertaking under subsection (2)\ncommits an offence.\n2 years.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Receipt of information to be acknowledged","content":"28 Receipt of information to be acknowledged\n(1) As soon as practicable after receiving a report under this Part, the\npolice officer receiving the report must acknowledge the making of\nthe report.\n(2) The acknowledgement must be in writing, must be given to the\nperson who made the report and must include the following:\n(a) the name and signature of the police officer who received the\nreport;\n(b) the date and time when, and the place where, the report was\nreceived;\n(c) a copy of the information that was reported.\n(3) If a report is not made in person, the police officer who received the\nreport must as soon as is practicable:\n(a) give the person making the report a unique reference number;\nand\n(b) record that number on the relevant reportable offender's file\nand on the acknowledgement.\n\nChild Protection (Offender Reporting and Registration) Act 2004 25\n(4) The Commissioner may make an agreement with the reportable\noffender as to the manner in which any acknowledgement or\nreference number required to be given by this section may be\ngiven.\n(5) The Commissioner must ensure:\n(a) that there is a method of recording an agreement made under\nsubsection (4); and\n(b) that a copy of the agreement is given to the reportable\noffender; and\n(c) that, except with the written consent of the reportable offender,\nany acknowledgement or reference number required to be\ngiven by this section is given in accordance with the\nagreement while the agreement remains in force.\n(6) The Commissioner must ensure that a copy of every\nacknowledgement is retained.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Additional matters to be provided","content":"29 Additional matters to be provided\n(1) If a report is required to be made in person, the person making the\nreport must also:\n(a) present for inspection the reportable offender's driver's\nlicence, or other form of identification or other document\nspecified by the Regulations for this paragraph, to verify or\nsupport details in the report; and\n(b) provide a photograph of the reportable offender's head and\nface of a type suitable for use in an Australian passport; and\n(c) if the person making the report is not the reportable offender –\npresent for inspection his or her own driver's licence or other\nform of identification specified by the Regulations for this\nparagraph.\n(2) The police officer receiving the report may waive the requirements\nof subsection (1)(a) or (b) if:\n(a) the reportable offender permits his or her fingerprints, or a\nfingerscan, to be taken immediately before or after the report\nis made; or\n(b) the police officer is otherwise satisfied as to the reportable\noffender's identity.\n\nChild Protection (Offender Reporting and Registration) Act 2004 26\n(3) The police officer receiving the report may waive the requirements\nof subsection (1)(c) if he or she is otherwise satisfied as to the\nperson's identity.\n(4) The police officer receiving a report may copy any document\npresented to the police officer for inspection under subsection (1)(a)\nor (c).\n(5) For a report that is made otherwise than in person, the Regulations\nmay specify when and how:\n(a) information concerning the identity and location of the\nreportable offender and the identity of the person making a\nreport on behalf of a reportable offender must be provided;\nand\n(b) documentary verification of details in the report must be\nprovided.\n(6) For subsection (5), the Regulations cannot require the production of\nan original document.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Power to take fingerprints or fingerscan","content":"30 Power to take fingerprints or fingerscan\nIf a police officer receiving a report under this Part that must be\nmade in person is not, after examining all the material relating to\nidentity provided or presented to him or her by or on behalf of the\nreportable offender, reasonably satisfied as to the identity of the\nreportable offender, the police officer may require the reportable\noffender to give his or her fingerprints or submit to a fingerscan.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Power to take photographs","content":"31 Power to take photographs\n(1) A police officer receiving a report made in person under this Part\nmay require the reportable offender:\n(a) to be photographed; or\n(b) to expose any part of his or her body to enable that part of the\nbody to be photographed by the police officer or a person\nauthorised by the police officer.\n(2) A police officer cannot, under this section, require a reportable\noffender to expose his or her genitals, the anal area of his or her\nbuttocks or, for females or transgender people who identify as\nfemales, their breasts.\n(3) A photograph taken under this section must be taken:\n(a) in a place where no members of the public are present; and\n\nChild Protection (Offender Reporting and Registration) Act 2004 27\n(b) if practicable, by a person who is the same sex as the\n(4) If practicable, any police officer who is present while a photograph\nis being taken under this section must be of the same sex as the\n(5) If a reportable offender is to be photographed under this section,\nthe following applies:\n(a) a reportable offender who is a child must not be photographed\nunless he or she is accompanied by a parent or guardian or, if\nneither a parent or guardian is available, an independent\nperson;\n(b) a reportable offender who is not a child is entitled to be\naccompanied by a support person of his or her own choice.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Reasonable force may be used to obtain fingerprints or","content":"32 Reasonable force may be used to obtain fingerprints or\nphotographs\n(1) Before attempting to exercise a power under section 30 or 31, a\npolice officer must inform the reportable offender in language likely\nto be understood by the reportable offender:\n(a) of the purpose for which the power is to be exercised and, in\nthe case of section 30, why the police officer is not satisfied as\nto the reportable offender's identity; and\n(b) that reasonable force may be used if the reportable offender\ndoes not give his or her fingerprints, submit to a fingerscan or\nexpose the relevant part of his or her body (as the case may\nbe) voluntarily; and\n(c) that the fingerprints, fingerscan or photographs will be retained\nby the Commissioner.\n(2) If the reportable offender does not voluntarily cooperate, a police\nofficer or a person authorised by him or her may, if the use of\nreasonable force is authorised by the officer in charge of the police\nstation or a police officer of or above the rank of Sergeant, use\nreasonable force:\n(a) to take the fingerprints or a fingerscan of the reportable\noffender; or\n(b) to expose a part of a body of the reportable offender that the\npolice officer is authorised under section 31 to require the\nreportable offender to expose to enable that part of the body\nto be photographed.\n\nChild Protection (Offender Reporting and Registration) Act 2004 28\n(3) If practicable, the person who uses the reasonable force must be of\nthe same sex as the reportable offender.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Retention of material for certain purposes","content":"33 Retention of material for certain purposes\nThe Commissioner may retain and use for law enforcement, crime\nprevention and child protection purposes any of the following taken\nunder this Division from or in relation to a reportable offender:\n(a) copies of any documents;\n(b) any fingerprints or fingerscans;\n(c) any photographs.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Reporting by remote offenders","content":"34 Reporting by remote offenders\n(1) If a reportable offender resides more than 100 km from the nearest\npolice station, the reportable offender, or a person entitled to make\nthe report on his or her behalf, need not comply with a time limit\nconcerning the making of a report in person under this Part if:\n(a) he or she contacts the Commissioner before the time limit\nexpires; and\n(b) the Commissioner agrees to allow the report to be made at a\nspecific time that is after the time limit expires and at a specific\nplace; and\n(c) before the time limit expires, he or she provides the\nCommissioner by telephone or other means acceptable to the\nCommissioner with the information required to be reported.\n(2) The Commissioner must ensure that there is a method of recording:\n(a) all agreements made under this section; and\n(b) all information provided under subsection (1).\n(3) Without limiting subsection (2), the recording method adopted must\nresult in the creation of a written record for each agreement:\n(a) that is identified by a unique reference number; and\n(b) that identifies when and where the agreement was made; and\n(c) that identifies the person who enters into the agreement; and\n(d) that contains the terms of the agreement.\n\n","sortOrder":35},{"sectionNumber":"Div 4","sectionType":"division","heading":"Suspension and extension of reporting obligations","content":"Division 4 Suspension and extension of reporting obligations\nChild Protection (Offender Reporting and Registration) Act 2004 29\n(4) If an agreement is made under this section, the Commissioner must\nensure that the reportable offender is provided with the reference\nnumber required by subsection (3)(a).\n(5) The Commissioner must ensure that there is a method of recording\nall information provided under subsection (1).\nDivision 4 Suspension and extension of reporting obligations\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Suspension and extension","content":"35 Suspension and extension\n(1) This section applies to a reportable offender unless he or she is a\nperson to whom Division 9 applies or is exempted by an order\nunder Division 6 (or an equivalent order of a foreign jurisdiction)\nfrom reporting.\n(2) An obligation imposed on a reportable offender by this Part is\nsuspended for any period during which he or she:\n(a) is in government custody, whether in the Territory or\nelsewhere; or\n(b) is outside the Territory (unless the obligation arises under\nsection 21).\n(3) The period for which a reportable offender's reporting obligations\ncontinue is extended by any length of time for which those\nobligations are suspended under subsection (2)(a).\n(4) If a prohibition order is made in respect of a reportable offender\nwhose reporting obligations would (apart from this subsection)\nexpire during the period for which the reportable offender is the\nsubject of the prohibition order, the reportable offender must comply\nwith the reporting obligations until the expiry of the prohibition order.\n(5) If a prohibition order is made in respect of a reportable offender\nwhose reporting obligations have expired:\n(a) the reportable offender is taken, for this Part (but not for\nsection 37), to have been sentenced for a reportable offence;\nand\n(b) the reportable offender must comply with the reporting\nobligations imposed by this Part until the expiry of the\nprohibition order.\n\nChild Protection (Offender Reporting and Registration) Act 2004 30\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"When reporting obligations begin","content":"36 When reporting obligations begin\n(1) For this Division, a Territory reportable offender's reporting\nobligations in respect of a reportable offence begin:\n(a) when he or she is sentenced for the offence; or\n(b) when he or she ceases to be in government custody in\nrelation to the offence;\nwhichever is later.\n(2) The reporting obligations for a corresponding, foreign or deemed\nreportable offender begin:\n(a) if the reportable offender is in the Territory:\n(i) when he or she is sentenced for the offence; or\n(ii) when he or she ceases to be in government custody;\nwhichever is later; or\n(b) when the reportable offender enters the Territory from a\nforeign jurisdiction.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Length of reporting period","content":"37 Length of reporting period\n(1) A person who is a reportable offender in respect of a single Class 2\noffence must comply with the reporting obligations imposed by this\nPart for 8 years.\n(2) A person who is a reportable offender in respect of:\n(a) a single Class 1 offence; or\n(b) more than a single reportable offence but where\nsubsection (3) does not apply;\nmust comply with the reporting obligations imposed by this Part for\n15 years.\n(3) A person who is a reportable offender in respect of:\n(a) a Class 1 offence and who subsequently commits and is found\nguilty of another reportable offence; or\n(b) a Class 2 offence and who subsequently commits and is found\nguilty of a Class 1 offence; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 31\n(c) a Class 2 offence and who subsequently commits and is found\nguilty of another Class 2 offence and has ever been found\nguilty of 3 or more Class 2 offences;\nmust comply with the reporting obligations imposed by this Part for\nthe remainder of his or her life.\n(4) A reference in subsection (1), (2) or (3) to an offence includes an\noffence committed before the commencement of that subsection.\n(5) For this section:\n(a) 2 or more offences arising from the same incident are to be\ntreated as a single offence; and\n(b) 2 or more offences arising from the same incident are to be\ntreated as a single Class 1 offence if at least one of those\noffences is a Class 1 offence.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Reduced period applies for child reportable offenders","content":"38 Reduced period applies for child reportable offenders\nDespite section 37, if a reportable offender was a child at the time\nhe or she committed each reportable offence, he or she must\ncomply with the reporting obligations imposed by this Part for:\n(a) in the circumstances described by section 37(1) – 4 years;\nand\n(b) in the circumstances described by section 37(2) or (3) –\n7½ years.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Extended reporting period if reportable offender still on parole","content":"39 Extended reporting period if reportable offender still on parole\nIf a reportable offender is on parole in respect of a reportable\noffence and the reporting period in respect of the offence would, but\nfor this section, end before the expiry of the sentence of\nimprisonment to which the parole relates, the reportable offender\nmust comply with the reporting obligations until the expiry of the\nterm of imprisonment to which the parole relates.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Reporting period for foreign, deemed and corresponding","content":"40 Reporting period for foreign, deemed and corresponding\nreportable offenders\n(1) Despite anything in this Part, a reportable offender must comply\nwith the reporting obligations imposed by this Part for the longest\nperiod for which he or she would be required to report, whether to\nthe Commissioner or to the corresponding registrar of a foreign\n\nChild Protection (Offender Reporting and Registration) Act 2004 32\n(2) For this section, the longest period is the last of all of the reporting\nperiods to expire.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Supreme Court may exempt certain reportable offenders","content":"41 Supreme Court may exempt certain reportable offenders\n(1) This Division applies in relation to a reportable offender who is\nrequired to comply with the reporting obligations imposed by this\nPart for the remainder of his or her life.\n(2) If:\n(a) a period of 15 years has passed since the reportable offender\nwas last sentenced or released from government custody,\nwhether in the Territory or elsewhere, in respect of a\nreportable offence or foreign reportable offence (ignoring any\nother periods during which he or she was in government\ncustody); and\n(b) he or she did not become the subject of a life-long reporting\nperiod under a corresponding Act whilst in a foreign\njurisdiction before becoming the subject of such a period in the\nTerritory; and\n(c) he or she is not subject to parole in respect of a reportable\nthe reportable offender may apply to the Supreme Court for an\norder suspending his or her reporting obligations.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Order for suspension","content":"42 Order for suspension\n(1) On an application under section 41(2), the Supreme Court may\nmake an order suspending the reportable offender's reporting\nobligations.\n(2) The Court must not make the order unless it is satisfied that the\nreportable offender does not pose a risk to the lives or the sexual\nsafety of one or more children or children generally.\n(2A) The Court must not make the order if the reportable offender is\nsubject to a supervision order under the Serious Sex Offenders\nAct 2013.\n\nChild Protection (Offender Reporting and Registration) Act 2004 33\n(3) In deciding whether to make the order, the Court must take the\nfollowing into account:\n(a) the seriousness of the reportable offender's reportable\noffences, corresponding reportable offences and foreign\nreportable offences;\n(b) the period of time since those offences were committed;\n(c) the age of the reportable offender, and the age of the victims\nof those offences, at the time those offences were committed;\n(d) the difference in age between the reportable offender and the\nvictims of those offences;\n(e) the reportable offender's present age;\n(f) the seriousness of the reportable offender's total criminal\nrecord;\n(g) whether the reportable offender is the subject of a prohibition\norder;\n(h) any other matter the Court considers appropriate.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Other parties to application","content":"43 Other parties to application\n(1) The Commissioner is a party to any proceedings for an order under\nthis Division.\n(2) The Chief Executive Officers of the Agencies responsible for:\n(a) children's services; and\n(b) mental health; and\n(c) correctional services;\nare each entitled to be a party to any proceedings for an order\nunder this Division.\n(3) As soon as is practicable after receiving an application under this\nDivision, the registrar of the Supreme Court must notify the\nCommissioner and each Chief Executive Officer of the application.\n(4) For the purpose of preparing submissions, the Commissioner may\nrequire any public authority to provide the Commissioner with\ninformation relevant to an assessment of whether the applicant\nposes a risk to the safety of children.\n\nChild Protection (Offender Reporting and Registration) Act 2004 34\n(5) A public authority to which a requirement under subsection (4) is\ngiven is authorised and required to provide the Commissioner with\nthe information sought by the requirement.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"No costs to be awarded","content":"44 No costs to be awarded\nThe Supreme Court must not award costs in respect of proceedings\nunder this Division.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Restriction on right of unsuccessful applicant to re-apply for","content":"45 Restriction on right of unsuccessful applicant to re-apply for\norder\nA reportable offender in respect of whom the Supreme Court\nrefuses to make an order under this Division cannot make a further\napplication to the Court until 5 years have elapsed from the date of\nthe refusal, unless the Court otherwise orders at the time of the\nrefusal.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Cessation of order","content":"46 Cessation of order\n(1) An order made under this Division ceases to have effect if, at any\ntime after the making of the order, the reportable offender:\n(a) is found guilty of a reportable offence; or\n(b) is made the subject of an offender reporting order or\nprohibition order; or\n(c) becomes a corresponding, foreign or deemed reportable\noffender who must under section 40 comply with the reporting\nobligations imposed by this Part for any period; or\n(d) becomes subject to a supervision order under the Serious Sex\nOffenders Act 2013.\n(2) An order that ceased to have effect in accordance with\nsubsection (1)(a), (b) or (c) is revived if:\n(a) the finding of guilt that caused the order to cease to have\neffect is quashed or set aside by a court; or\n(b) the order ceased to have effect in accordance with\nsubsection (1)(a) and either of the following applies:\n(i) the offender reporting order or prohibition order is\nquashed on appeal;\n\nChild Protection (Offender Reporting and Registration) Act 2004 35\n(ii) for an offender reporting order – the reportable\noffender's finding of guilt in respect of the offence that\nresulted in the making of that order is quashed or set\naside by a court.\n(3) For this section, it is immaterial whether a person may lodge, or has\nlodged, an appeal in respect of the finding of guilt, offender\nreporting order, prohibition order or supervision order.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Application for new order","content":"47 Application for new order\n(1) If an order ceases to have effect in accordance with section 46(1),\nthe reportable offender may apply under this Division for a new\nNote for subsection (1)\nIf the order ceases to have effect under section 46(1)(d), section 42(2A) prevents\nthe Court making a new order while the reportable offender remains subject to\nthe supervision order.\n(2) Section 45 does not apply with respect to an application referred to\nin subsection (1).\n(3) If an order ceases to have effect in accordance with\nsection 46(1)(b) or (c), on an application under this Division for a\nnew order, section 41(2)(a) applies as if the period referred to were\na period of 15 years since he or she last committed a reportable\noffence or foreign reportable offence (ignoring any period during\nwhich the reportable offender was in government custody, whether\nin the Territory or elsewhere).\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Failure to comply with reporting obligations","content":"48 Failure to comply with reporting obligations\n(1) A reportable offender who, without reasonable excuse, fails to\ncomply with any of his or her reporting obligations commits an\n(2) A court, in determining whether a person had a reasonable excuse\nfor failing to comply with his or her reporting obligations, must have\nregard to the following matters:\n(a) the person's age;\n(b) whether the person has a disability that affects his or her\nability to understand or comply with those obligations;\n\nChild Protection (Offender Reporting and Registration) Act 2004 36\n(c) whether the form of notification given to the reportable\noffender as to his or her obligations was adequate to inform\nhim or her of those obligations, having regard to the offender's\ncircumstances;\n(d) any matter specified by the Regulations for this section;\n(e) any other matter the court considers appropriate.\n(3) It is a defence to a prosecution for an offence of failing to comply\nwith a reporting obligation if it is established that, at the time the\noffence is alleged to have occurred, the defendant had not received\nnotice, and was otherwise unaware, of the obligation.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Offence of furnishing false or misleading information","content":"49 Offence of furnishing false or misleading information\nA person who, in purported compliance with this Part, provides\ninformation that he or she knows to be false or misleading in a\nmaterial particular commits an offence.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Time limit for prosecutions waived","content":"50 Time limit for prosecutions waived\nDespite any other Act, a proceeding for an offence under this Act\nmay be commenced at any time.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Bar to prosecution for failing to report leaving Territory","content":"51 Bar to prosecution for failing to report leaving Territory\n(1) This section applies if a reportable offender leaves the Territory and\nis found guilty of failing to report his or her presence in a foreign\njurisdiction as required by a corresponding Act.\n(2) The reportable offender must not be prosecuted for a failure to\ncomply with section 20 in respect of the travel out of the Territory.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Notice to be given to reportable offender","content":"52 Notice to be given to reportable offender\n(1) A reportable offender must be given written notice of:\n(a) his or her reporting obligations; and\n\nChild Protection (Offender Reporting and Registration) Act 2004 37\n(2) A reportable offender must be given a notice under this section as\nsoon as practicable after he or she:\n(a) is sentenced for a reportable offence; or\n(b) is released from government custody in the Territory (whether\nin government custody for a reportable offence or otherwise);\nor\n(c) enters the Territory, if he or she has not previously been given\nnotice of his or her reporting obligations in the Territory; or\n(d) becomes a corresponding, foreign or deemed reportable\noffender, if he or she is in the Territory at that time.\n(3) Subsection (2)(b) is taken to be complied with if the reportable\noffender is given the notice within 7 days before his or her release\nfrom government custody.\n(4) A notice under this section must be given by the person, a member\nof a class of persons, or the body specified in or determined in\naccordance with the Regulations.\n(5) A person or body is not required to give a notice under this section\nif the notice has been given by another person or body.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Court to provide sentencing information to Commissioner","content":"53 Court to provide sentencing information to Commissioner\nIf a Territory court:\n(a) makes an order or imposes a sentence that has the effect of\nmaking a person a Territory reportable offender for this Act; or\n(b) imposes a sentence on a person in respect of a reportable\noffence; or\n(c) makes an order in respect of a reportable offender that has\nthe effect of removing the person from the ambit of this Act;\nthe court must ensure that details of the order or sentence are\nprovided to the Commissioner as soon as is practicable after the\nmaking of the order or the imposition of the sentence.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Notice to be given when reporting period changes","content":"54 Notice to be given when reporting period changes\n(1) This section applies in relation to a reportable offender whose\nreporting period has changed since he or she was last notified of\nhis or her reporting period in the Territory.\n\nChild Protection (Offender Reporting and Registration) Act 2004 38\n(2) The Commissioner must give written notice to the reportable\noffender as soon as is practicable after the change and, in any\nevent, no later than the time the offender next reports in\naccordance with this Act.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Supervising authority to notify Commissioner of certain events","content":"55 Supervising authority to notify Commissioner of certain events\n(1) This section applies if a reportable offender:\n(a) ceases to be in government custody in the Territory; or\n(b) ceases to be subject to a supervised sentence; or\n(c) ceases to be subject to a condition of parole requiring the\nperson to be subject to supervision;\nregardless of the reason why the reportable offender was in\ncustody, was subject to the sentence or was on parole.\n(2) As soon as is practicable before or after the relevant event listed in\nsubsection (1) occurs, the supervising authority must give written\nnotice of the event to the Commissioner.\n(3) The notice must include any details prescribed by the Regulations.\n(4) For subsection (2), the Commissioner may inform a supervising\nauthority whether or not a person is a reportable offender.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Notices may be given by Commissioner","content":"56 Notices may be given by Commissioner\nThe Commissioner may, at any time, cause written notice to be\ngiven to a reportable offender of:\n(a) his or her reporting obligations; and\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Constructive notice of obligations","content":"57 Constructive notice of obligations\n(1) This section applies if a reportable offender does not cooperate with\na police officer who makes a reasonable attempt to give the\nreportable offender a notice about the reportable offender's\nreporting obligations, or a notice under section 19A, and obtain\nacknowledgement from the reportable offender.\n(2) The reportable offender is taken to have:\n(a) received the notice; and\n\n","sortOrder":59},{"sectionNumber":"Div 9","sectionType":"division","heading":"Modified reporting procedures for protected witnesses","content":"Division 9 Modified reporting procedures for protected witnesses\nChild Protection (Offender Reporting and Registration) Act 2004 39\n(b) have understood the notice and the consequences that may\nfollow if the reportable offender fails to comply with the notice.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Failure to comply with procedural requirements does not affect","content":"58 Failure to comply with procedural requirements does not affect\nreportable offender's obligations\nA failure by any person other than a reportable offender to comply\nwith any procedural requirement imposed on the person by this Part\nor the Regulations does not, of itself, affect a reportable offender's\nreporting obligations.\nDivision 9 Modified reporting procedures for protected\nwitnesses\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Who this Division applies to","content":"59 Who this Division applies to\n(1) This Division applies to the following:\n(a) a reportable offender who is a participant in a Territory witness\nprotection program;\n(b) a reportable offender who is a participant in a complementary\nwitness protection program within the meaning of the Witness\nProtection (Northern Territory) Act 2002;\n(c) a reportable offender who is the subject of a determination\nunder section 61 that is in force and to the effect that he or\nshe is a person to whom this Division applies.\n(2) This Division (except sections 61 and 62) also applies to a\nreportable offender who is receiving protection under a foreign\nwitness protection law specified by the Regulations for this\nsubsection, or who has the same status as such a person under an\norder made under a corresponding Act specified by the Regulations\nfor this subsection.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Report need not be made in person","content":"60 Report need not be made in person\nIt is sufficient compliance with the requirements of this Part:\n(a) if a person to whom this Division applies reports the\ninformation he or she is required to report under this Part:\n(i) to the extent that the information is required by the\nCommissioner to be reported by the person; and\n(ii) at the times, and in a manner, authorised by the\nCommissioner for this section; and\n\nDivision 9 Modified reporting procedures for protected witnesses\nChild Protection (Offender Reporting and Registration) Act 2004 40\n(b) if the acknowledgement of the making of a report is given in a\nmanner approved by the Commissioner.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Determination as to whether this Division applies","content":"61 Determination as to whether this Division applies\n(1) The Commissioner must make a determination that a reportable\noffender who is a participant in a Territory witness protection\nprogram either is or is not a person to whom this Division applies:\n(a) when the reportable offender ceases to be a participant in the\nprogram as a consequence of a request under section 19(2) of\nthe Witness Protection (Northern Territory) Act 2002; or\n(b) when the Commissioner (or the Deputy Commissioner) makes\na decision under section 19(1) of the Witness Protection\n(Northern Territory) Act 2002 that the protection and\nassistance given to the reportable offender under the program\nbe terminated.\n(2) On making the determination, the Commissioner must take\nreasonable steps to notify the reportable offender of the terms of\nthe determination.\n(3) A reportable offender may, within 28 days after receiving such a\nnotification, apply in writing to the Commissioner for a review of the\ndetermination.\n(4) On receiving an application for a review, the Commissioner:\n(a) must review the determination and confirm or reverse it; and\n(b) before making a decision on the matter, must give the\napplicant a reasonable opportunity to state his or her case;\nand\n(c) after making a decision on the matter, must give written notice\nof the decision to the applicant.\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"When determination takes effect","content":"62 When determination takes effect\n(1) A determination that this Division applies to a reportable offender\ntakes effect immediately.\n(2) A determination that this Division does not apply to a reportable\noffender takes effect:\n(a) at the end of 28 days after notice of the making of the\ndetermination is given to the reportable offender; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 41\n(b) if an application referred to in section 61(3) is made before the\nend of that period, at the end of 3 days after notice is given to\nthe applicant in accordance with section 61(4)(c).\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Modification of ongoing reporting obligations","content":"63 Modification of ongoing reporting obligations\nSections 16(1), 20, 21, 22, 23 and 51 apply with respect to a person\nto whom this Division applies as if any reference in them to the\nTerritory were a reference to the jurisdiction in which the person\ngenerally resides.\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Requirement to establish and maintain Register","content":"64 Requirement to establish and maintain Register\n(1) The Commissioner must:\n(a) establish and maintain a Child Protection Offender Register;\nor\n(b) arrange for another person or body to establish and maintain a\nChild Protection Offender Register on the Commissioner's\nbehalf.\n(2) The Register must contain the following information in respect of\neach reportable offender (to the extent that it is known to the\nCommissioner):\n(a) the reportable offender's name and other identifying\nparticulars;\n(b) details of each Class 1 and Class 2 offence of which the\nreportable offender has been found guilty or with which he or\nshe has been charged;\n(c) details of each offence of which the reportable offender has\nbeen found guilty that resulted in the making of an offender\nreporting order or an equivalent order in a foreign jurisdiction;\n(d) details of any prohibition order made in respect of the\nreportable offender;\n(e) the date on which the reportable offender was sentenced for\nany reportable offence;\n(f) the date on which the reportable offender ceased to be in\ngovernment custody in respect of a reportable offence, or\nentered or ceased to be in government custody in respect of\nany offence during his or her reporting period;\n\nChild Protection (Offender Reporting and Registration) Act 2004 42\n(g) any information reported in respect of the reportable offender\nunder Part 3;\n(h) any other information that the Commissioner considers\nappropriate to include in the Register.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Access to Register to be restricted","content":"65 Access to Register to be restricted\n(1) The Commissioner must ensure:\n(a) that the Register, or any part of the Register, is only accessed\nby a person or class of persons authorised to do so by the\nCommissioner; and\n(b) that personal information in the Register is only disclosed by a\nperson with access to the Register, or the relevant part of the\nRegister, in circumstances authorised by the Commissioner or\nas otherwise required or authorised by or under any Act or\nlaw.\n(2) Personal information in the Register that is to be disclosed under\nsubsection (1)(b) otherwise than to a police officer or a law\nenforcement agency may only be disclosed by a person authorised\nto do so by the Commissioner.\n(3) The Commissioner must develop guidelines in relation to the\naccessing and disclosure of personal information in the Register to\nensure that access to the personal information in the Register is\nrestricted to the greatest extent that is possible without interfering\nwith the objects of this Act.\n(4) For this section, the Register includes any information from any\nregister maintained under a corresponding Act and that is\naccessible by the Commissioner, whether or not the information is\ncontained in the Register.\n(5) This section has effect despite any other Act or law to the contrary.\n(6) In this section:\nlaw enforcement agency means:\n(a) the Commissioner of the Australian Federal Police; or\n(b) the Commissioner (however designated) of the police force of\na State, another Territory or another country.\n\nChild Protection (Offender Reporting and Registration) Act 2004 43\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Person with access to Register not to disclose personal","content":"66 Person with access to Register not to disclose personal\ninformation from it\n(1) A person must not, directly or indirectly, record, disclose or make\nuse of any personal information in the Register except:\n(a) in the course of the person's duties; or\n(b) as required or authorised by or under this Act or another Act;\nor\n(c) for the purpose of proceedings under this Act; or\n(d) with the written authority of the Commissioner or the person to\nwhom the information relates; or\n(e) in other circumstances prescribed by the Regulations.\nMaximum penalty: If the person recording, disclosing or making\nuse of the information did not gain and did\nnot intend to gain a benefit from the\nrecording, disclosure or use of the\ninformation – 100 penalty units or\nimprisonment for 2 years.\nIf the person gained or intended to gain a\nbenefit from the recording, disclosure or\nuse – 250 penalty units or imprisonment for\nIf the person gained a benefit from the\nrecording, disclosure or use and the value\nof the benefit was more than $10 000 –\n500 penalty units or imprisonment for\n10 years.\n(2) The prohibition in subsection (1) extends to the giving of evidence\nor the production of a book, document or record in civil proceedings\nin a court or tribunal.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Restriction on who may access personal information on","content":"67 Restriction on who may access personal information on\nprotected witnesses\nThe Commissioner must ensure that any personal information in\nthe Register about a person to whom Part 3, Division 9 applies\ncannot be accessed other than by a person authorised by the\nofficer responsible for the day-to-day operation of the Territory\nwitness protection program.\n\nChild Protection (Offender Reporting and Registration) Act 2004 44\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Reportable offender's rights in relation to Register","content":"68 Reportable offender's rights in relation to Register\n(1) On request by a reportable offender, the Commissioner must, as\nsoon as is practicable, provide the reportable offender with a copy\nof all the reportable information that is held in the Register in\nrelation to the reportable offender.\n(2) A reportable offender may ask the Commissioner to amend any\nreportable information held on the Register in relation to the\nreportable offender that is incorrect.\n(3) The Commissioner must comply with such a request on being\nsatisfied that the information is incorrect.\n(4) In this section:\nreportable information means any information supplied to the\nCommissioner by, or on behalf of, the reportable offender that the\nreportable offender is required to report to the Commissioner and\nthat is held in the Register.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Definitions","content":"69 Definitions\nchild protection prohibition order means a child protection\nprohibition order made under section 72 or 75(1).\nconduct includes an act or omission or a course of conduct.\ncorresponding prohibition order means an order made under a\ncorresponding Act that falls within a class of orders prescribed by\nthe Regulations as corresponding prohibition orders for this Act.\ncourt means:\n(a) if the respondent is a young reportable offender – the Youth\nJustice Court; and\n(b) otherwise – the Local Court.\ninterim prohibition order means an interim child protection\nprohibition order made under section 75(2) or 76.\n\nChild Protection (Offender Reporting and Registration) Act 2004 45\nprohibition order means a child protection prohibition order or an\ninterim prohibition order.\nregistrar means the registrar of the court to which an application\nfor a prohibition order is made.\nrespondent means:\n(a) for an application by the Commissioner for a prohibition order\nto be made, varied or revoked – the reportable offender who is\nthe subject of the prohibition order or in respect of whom the\nprohibition order is sought; or\n(b) for an application by a reportable offender for a prohibition\norder to be varied or revoked – the Commissioner.\nyoung reportable offender means a reportable offender who is a\nchild.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Evidence","content":"70 Evidence\nEvidence may be given at a hearing under this Part (including a\nfurther hearing under section 76) orally or by affidavit.\n","sortOrder":73},{"sectionNumber":"70A","sectionType":"section","heading":"Jurisdiction of Local Court","content":"70A Jurisdiction of Local Court\nThe jurisdiction conferred on the Local Court under this Part is part\nof the Court's criminal jurisdiction.\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Commissioner may apply for order","content":"71 Commissioner may apply for order\nThe Commissioner may apply to a court for a child protection\nprohibition order prohibiting a reportable offender from engaging in\nspecified conduct.\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Court may make child protection prohibition order","content":"72 Court may make child protection prohibition order\n(1) A court may make a child protection prohibition order prohibiting a\nperson from engaging in conduct specified in the order if the court\nis satisfied that the person is a reportable offender and, on the\nbalance of probabilities, that:\n(a) there is reasonable cause to believe, having regard to the\nnature and pattern of conduct of the person, that the person\nposes a risk to the lives or sexual safety of one or more\nchildren or children generally; and\n(b) the making of the order may reduce that risk.\n\nChild Protection (Offender Reporting and Registration) Act 2004 46\n(2) For subsection (1), it is not necessary that the court be able to\nidentify a risk to a particular child or particular children or a\nparticular class of children.\n(3) In determining whether to make an order under this section in\nrespect of a reportable offender, a court must take the following into\naccount:\n(a) the seriousness of the reportable offender's reportable\noffences and foreign reportable offences;\n(b) the period of time since those offences were committed;\n(c) the age of the reportable offender, and the age of the victims\nof those offences, at the time those offences were committed;\n(d) the difference in age between the reportable offender and the\nvictims of those offences;\n(e) the reportable offender's present age;\n(f) the seriousness of the reportable offender's total criminal\nrecord;\n(g) the effect of the order sought on the reportable offender in\ncomparison with the level of the risk that a further reportable\noffence, or an offence that may give rise to an offender\nreporting order, may be committed by the reportable offender;\n(h) to the extent that they relate to the conduct sought to be\nprohibited – the circumstances of the reportable offender,\nincluding the reportable offender's accommodation,\nemployment needs and integration into the community;\n(i) in the case of a young reportable offender – the educational\nneeds of the young reportable offender;\n(j) any other matter the court considers relevant.\n(4) If:\n(a) a reportable offender is already the subject of a child\nprotection prohibition order; and\n(b) a further child protection prohibition order is sought in respect\nof him or her; and\n(c) the court decides to make a new order;\n\nChild Protection (Offender Reporting and Registration) Act 2004 47\nthe court must:\n(d) revoke the existing order and incorporate any continuing\nmatters into the further order; or\n(e) vary the existing order to include the matters with respect to\nwhich the court has decided to make the new order.\n(5) An order is not invalidated by a failure to comply with\nsubsection (4).\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Conduct that may be the subject of order","content":"73 Conduct that may be the subject of order\n(1) A child protection prohibition order may prohibit conduct of any of\nthe following kinds:\n(a) associating with or other contact with specified persons or\nkinds of persons;\n(b) being in specified locations or kinds of locations;\n(c) engaging in specified behaviour;\n(d) being in specified employment or employment of a specified\nkind.\n(2) A child protection prohibition order may prohibit conduct absolutely\nor on the terms that the court considers appropriate.\n(3) A child protection prohibition order may prohibit a person from\nentering or remaining in a place even if the person has a legal or\nequitable right to be at the place.\n(4) If a court makes a child protection prohibition order that imposes a\nprohibition referred to in subsection (3) and the court is satisfied\nthat it is necessary to do so, the court must ensure that the order\nprovides for the person in respect of whom the order is made to\nrecover personal property, or other property prescribed by the\nRegulations, from a place specified in the order:\n(a) in the manner set out in the order; or\n(b) in accordance with procedures prescribed by the Regulations.\n(5) Subsection (1) does not limit the kinds of conduct that may be\nprohibited by a child protection prohibition order.\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Term of child protection prohibition orders","content":"74 Term of child protection prohibition orders\n(1) The court must specify the term for which a child protection\nprohibition order remains in force.\n\nChild Protection (Offender Reporting and Registration) Act 2004 48\n(2) The term cannot be more than:\n(a) 5 years; or\n(b) if the order is in respect of a young reportable offender –\n2 years;\nafter the order is made, but an application can be made for a further\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Consent orders","content":"75 Consent orders\n(1) A court may make a child protection prohibition order if the\napplicant and the reportable offender consent to the making of the\n(2) A court may make an interim prohibition order if the applicant and\nthe reportable offender consent to the making of the order.\n(3) The court is not required to conduct a hearing before making an\norder under this section unless the court considers that it is in the\ninterests of justice to conduct the hearing.\n(4) Without limiting subsection (3), in determining whether it is in the\ninterests of justice to conduct the hearing, the court may have\nregard to the following:\n(a) whether the reportable offender has obtained legal advice in\nrelation to the order concerned;\n(b) whether the reportable offender:\n(i) has impaired intellectual functioning; or\n(ii) is a person in respect of whom a guardianship order is in\nforce under the Guardianship of Adults Act 2016 or the\nGuardianship of Infants Act 1972; or\n(iii) is illiterate or is not literate in the English language; or\n(iv) is subject to some other condition that may prevent the\nreportable offender from understanding the effect of\ngiving consent to the making of the order.\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Application for and making of interim order","content":"76 Application for and making of interim order\n(1) A police officer may apply by telephone or other means prescribed\nby the Regulations to a court for an order under this section.\n\nChild Protection (Offender Reporting and Registration) Act 2004 49\n(2) A court may make an interim child protection prohibition order\nprohibiting a reportable offender from engaging in specified conduct\nif it appears to the court that it is necessary to do so to prevent an\nimmediate risk to the lives or the sexual safety of one or more\nchildren or children generally.\n(3) For subsection (2), it is not necessary that the court be able to\nidentify a risk to a particular child or particular children or a\nparticular class of children.\n(4) An interim prohibition order may be made by a court whether or not:\n(a) the reportable offender is present at the proceedings; or\n(b) the reportable offender has been notified of the proceedings.\n(5) When an interim prohibition order is made by a court, the court\nmust:\n(a) fix a day, time and place for a further hearing of the application\nas soon as is practicable after the interim prohibition order is\nmade; and\n(b) issue a summons requiring the reportable offender to attend\nthe court for the further hearing; and\n(c) notify the applicant of the further hearing.\n(6) An interim prohibition order remains in force until the further hearing\nunless the application is sooner discontinued by the applicant.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Notification of order made in absence of respondent","content":"77 Notification of order made in absence of respondent\nThe registrar of a court that makes, varies or revokes a prohibition\norder in the absence of the respondent must cause a copy of the\norder to be served on the respondent.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Variation or revocation of orders","content":"78 Variation or revocation of orders\n(1) The Commissioner may apply to a court for an order varying or\nrevoking a child protection prohibition order.\n(2) A reportable offender the subject of a child protection prohibition\norder may apply to a court for an order varying or revoking the\n(3) A reportable offender cannot make an application under\nsubsection (2) except by leave of the court.\n\nChild Protection (Offender Reporting and Registration) Act 2004 50\n(4) The court may grant leave only if satisfied that, having regard to\nchanges in the reportable offender's circumstances since the child\nprotection prohibition order was made or last varied, it is in the\ninterests of justice that leave be granted.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"How application to be disposed of","content":"79 How application to be disposed of\n(1) The court may dispose of an application under section 71 or 76:\n(a) by making a prohibition order; or\n(b) by dismissing the application; or\n(c) at the request of the applicant, by discontinuing the\napplication.\n(2) At a further hearing under section 76, the court must dispose of an\napplication that resulted in an interim prohibition order as an\napplication for a child protection prohibition order, and section 72\napplies to the application accordingly.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Explanation of orders","content":"80 Explanation of orders\n(1) A court that makes a prohibition order must ensure that all\nreasonable steps are taken to explain to the reportable offender in\nlanguage likely to be understood by the reportable offender:\n(a) his or her obligations under the order; and\n(2) An order is not invalidated by a failure to comply with\nsubsection (1).\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Fixing dates for hearings","content":"81 Fixing dates for hearings\n(1) When an application for a child protection prohibition order is made\nthe registrar must:\n(a) fix a day, time and place for the hearing; and\n(b) prepare a summons in the prescribed form; and\n(c) cause the summons to be served on the reportable offender;\nand\n(d) notify the applicant of the hearing.\n\nChild Protection (Offender Reporting and Registration) Act 2004 51\n(2) When an application for the variation or revocation of a child\nprotection prohibition order is made by a reportable offender, the\nregistrar must:\n(a) fix a day, time and place for a hearing at which the court will\nconsider whether to grant leave for the reportable offender to\ncontinue the application; and\n(b) notify the applicant of the hearing.\n(3) The hearing in relation to the granting of leave must be held in the\nabsence of the Commissioner.\n(4) When an application for the variation or revocation of a child\nprotection prohibition order is made by the Commissioner, or a\nreportable offender has been granted leave to continue such an\napplication, the registrar must:\n(a) fix a day, time and place for the hearing; and\n(b) prepare a summons in the prescribed form; and\n(c) cause the summons to be served on the respondent; and\n(d) notify the applicant of the hearing.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Attendance at hearings","content":"82 Attendance at hearings\n(1) If the applicant does not attend a hearing fixed under section 81 or\na further hearing under section 76, the court:\n(a) if it is satisfied the applicant was notified of the hearing – must\ndismiss the application; or\n(b) otherwise – must adjourn the hearing.\n(2) If the applicant attends a hearing fixed under section 81 or a further\nhearing under section 76 but the respondent does not attend, the\ncourt:\n(a) if it is satisfied that the respondent was served with a\nsummons requiring the respondent to attend the hearing –\nmust hear the matter in the absence of the respondent; or\n(b) otherwise – must adjourn the hearing.\n(3) The registrar of a court that adjourns a hearing must notify any\nparty permitted to attend the hearing who was not present when the\nhearing was adjourned.\n\nChild Protection (Offender Reporting and Registration) Act 2004 52\n","sortOrder":86},{"sectionNumber":"Div 6","sectionType":"division","heading":"Offence","content":"Division 6 Offence\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Failure to comply with orders","content":"83 Failure to comply with orders\n(1) A person the subject of a prohibition order who, without reasonable\nexcuse, fails to comply with the prohibition order commits an\n(2) A police officer who suspects on reasonable grounds that a person\nhas committed an offence under subsection (1) may arrest the\nperson without a warrant.\n","sortOrder":88},{"sectionNumber":"Div 7","sectionType":"division","heading":"Review by Supreme Court","content":"Division 7 Review by Supreme Court\n","sortOrder":89},{"sectionNumber":"84","sectionType":"section","heading":"Application for and determination of review","content":"84 Application for and determination of review\n(1) A person aggrieved by the decision of a court:\n(a) under section 79(1)(b) to dismiss an application; or\n(b) to make, vary or revoke a prohibition order;\nmay make application to the Supreme Court for a review of the\ndecision.\n(2) In determining the review, the Supreme Court may:\n(a) affirm the decision reviewed; or\n(b) vary the decision reviewed; or\n(c) quash the decision reviewed and substitute its own decision.\n","sortOrder":90},{"sectionNumber":"85","sectionType":"section","heading":"Application for review does not stay order","content":"85 Application for review does not stay order\nAn application for review of an order made under this Part does not\noperate to stay the operation of the order unless the court to which\nthe application is made so orders.\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Applications not to be heard in public","content":"86 Applications not to be heard in public\n(1) Proceedings in relation to an application under this Part must be\nheard in the absence of the public.\n\nChild Protection (Offender Reporting and Registration) Act 2004 53\n(2) Despite subsection (1), the court hearing the proceedings may, if it\nconsiders it to be appropriate, permit to be present during the\nhearing of the proceedings persons who are not:\n(a) parties to the proceedings; or\n(b) the legal representatives of those parties.\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Commissioner to be given information relating to reportable","content":"87 Commissioner to be given information relating to reportable\noffenders\n(1) When determining whether to make an application under this Part,\nor when making an application under this Part, the Commissioner\nmay, by notice in writing, direct any public authority to provide to the\nCommissioner, on or before a day specified in the notice, any\ninformation held by the public authority that is relevant to an\nassessment of whether the reportable offender poses a risk to the\nlives or the sexual safety of one or more children or children\ngenerally.\n(2) A public authority to which a direction under subsection (1) is given\nis authorised and required to provide to the Commissioner the\ninformation sought by the direction.\n(3) A public authority is not required to give information that is subject\nto client legal privilege.\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Restriction on publication of identity of reportable offenders","content":"88 Restriction on publication of identity of reportable offenders\nand victims\n(1) A person must not, in relation to any proceedings relating to a\nprohibition order, publish:\n(a) personal information of the person in respect of whom the\norder is sought or any such order is made; or\n(b) the name of any victim of a reportable offence committed by a\nreportable offender; or\n(c) the name of any particular person referred to as a person at\nrisk because of the conduct proposed to be prohibited; or\n(d) any matter reasonably likely to enable a person referred to in\nparagraph (b) or (c) to be identified.\n2 years.\n\nChild Protection (Offender Reporting and Registration) Act 2004 54\n(2) Subsection (1) does not apply in relation to the publication of any\nmatter with the authority of the court to which the application was\nmade or any publication by a person of his or her name.\n(3) Subsection (1) does not apply in relation to the publication of any\nmatter to any of the following:\n(a) the reportable offender;\n(b) a person or class of persons specified in the order concerned;\n(c) a police officer or a member of a law enforcement agency of\nthe Commonwealth or a State or another Territory in that\nmember's official capacity;\n(d) a person involved in the administration of the order;\n(e) a member of staff of a public authority involved in the\nassessment and management of the reportable offender;\n(f) a person for the purpose of an investigation of an alleged\nbreach of the order or a person involved in proceedings for\nany such breach;\n(g) any other person to whom the matter is required or authorised\nto be disclosed by or under any Act or law.\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Prohibition orders have no effect to extent of inconsistency","content":"89 Prohibition orders have no effect to extent of inconsistency\nwith certain other orders\n(1) If a prohibition order is inconsistent with a Family Court order or a\ndomestic violence order under the Domestic and Family Violence\nAct 2007 (whether the prohibition order is made before or after the\nFamily Court order or domestic violence order), the Family Court\norder or domestic violence order prevails and the prohibition order\nhas no effect to the extent of the inconsistency.\n(2) For subsection (1), a prohibition order is not inconsistent with\nanother order merely because it imposes a longer term in relation to\nany prohibited conduct than was imposed by the other order.\n(3) In this section:\nFamily Court order means an order of the Family Court or the\nFamily Court of Western Australia.\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Recognition of prohibition orders made in other jurisdictions","content":"90 Recognition of prohibition orders made in other jurisdictions\n(1) The Regulations may provide for the recognition in the Territory of\ncorresponding prohibition orders.\n\nChild Protection (Offender Reporting and Registration) Act 2004 55\n(2) In particular, the Regulations may provide for any of the following\nmatters:\n(a) applications for recognition in the Territory of orders as\ncorresponding prohibition orders;\n(b) the conferral on courts of jurisdiction with respect to the\nrecognition in the Territory of corresponding prohibition orders;\n(c) the modification of corresponding prohibition orders for their\nrecognition in the Territory;\n(d) the effect of the recognition in the Territory of corresponding\nprohibition orders;\n(e) the conferral on courts of jurisdiction with respect to the\nvariation or revocation of corresponding prohibition orders.\n","sortOrder":96},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reportable offenders prohibited from child-","content":"Part 6 Reportable offenders prohibited from child-\nrelated employment\n","sortOrder":97},{"sectionNumber":"91","sectionType":"section","heading":"Child-related employment","content":"91 Child-related employment\n(1) For this Part, child-related employment is employment involving\ncontact with a child and includes employment in connection with\nany of the following:\n(a) child protection services;\n(b) child care centres or pre-schools;\n(c) educational institutions for children;\n(d) youth detention centres;\n(e) refuges or other residential facilities used by children;\n(f) wards of public or private hospitals in which children are\nordinarily patients;\n(g) clubs, associations or movements (including of a cultural,\nrecreational or sporting nature) with significant child\nmembership or involvement;\n(h) religious organisations;\n(i) baby sitting or child minding services;\n(j) fostering children;\n\nChild Protection (Offender Reporting and Registration) Act 2004 56\n(k) providing taxi services for the transport of children;\n(l) private tuition services of any kind for children;\n(m) counselling or other support services for children;\n(n) overnight camps regardless of the type of accommodation or\nof how many children are involved;\n(o) school crossing services provided to assist children to cross\nroads on their way to or from school.\n(2) For this Part, a person is engaged in child-related employment if he\nor she is:\n(a) an officer of a body corporate that is engaged in child-related\nemployment; or\n(b) a member of the committee of management of an\nunincorporated body or association that is engaged in child-\nrelated employment; or\n(c) a member of a partnership that is engaged in child-related\nemployment.\n(3) In this section:\ncontact means any form of contact between a person and a child\nand includes:\n(a) any form of physical contact; and\n(b) any form of oral communication, whether face to face or by\ntelephone; and\n(c) any form of written communication, including electronic\ncommunication.\neducational institutions for children includes any government\nschool established under the Education Act 2015 and any school\nregistered under Part 7 of that Act but does not include an\neducational facility that is specified in the Regulations.\nemployment means performance of work:\n(a) under a contract of employment or a contract for services\n(whether written or unwritten); or\n(b) as a minister of religion or as part of the duties of a religious\nvocation; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 57\n(c) as a volunteer (including the performance of unpaid\ncommunity work).\nofficer:\n(a) in relation to a body corporate that is a corporation within the\nmeaning of the Corporations Act 2001, has the same meaning\nas in section 9 of that Act; and\n(b) in relation to any other body corporate, means any person (by\nwhatever name called) who is concerned or takes part in the\nmanagement of the body corporate.\n","sortOrder":98},{"sectionNumber":"92","sectionType":"section","heading":"Reportable offenders excluded from child-related employment","content":"92 Reportable offenders excluded from child-related employment\n(1) A reportable offender must not, during the prohibited period:\n(a) apply for; or\n(b) engage in;\nemployment that is child-related employment.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) to prove that the defendant did not know, at the time\nthe offence is alleged to have been committed, that the employment\nwas child-related employment.\n(3) For subsection (1):\nprohibited period means:\n(a) the period set by the sentencing court at the time of\nsentencing the reportable offender or, if no period is set by the\nsentencing court, the period for which the reportable offender\nis required to report under this Act; or\n(b) the varied period (whether reduced or extended) set by the\nSupreme Court on application at any time by the reportable\noffender or the Commissioner.\n\nChild Protection (Offender Reporting and Registration) Act 2004 58\n","sortOrder":99},{"sectionNumber":"93","sectionType":"section","heading":"Annual reports","content":"93 Annual reports\n(1) The Commissioner must, at the end of each financial year, report to\nthe Minister in respect of that financial year about the following:\n(a) the number of reportable offenders registered in the Territory;\n(b) the number of reportable offenders in the Territory who have\nlife-time reporting obligations;\n(c) the number of child reportable offenders in the Territory;\n(d) the number of persons in the Territory who are reportable\noffenders because they are the subject of an offender\nreporting order without committing a Class 1 or Class 2\n(e) the number of persons in the Territory who are reportable\noffenders and were sentenced for a subsequent Class 1 or\nClass 2 offence during the year;\n(f) the number of suspension orders under Part 3, Division 6 that\nwere made or revoked during the year;\n(g) the number of prohibition orders made during the year;\n(h) the number of prosecutions during the year for offences under\nthe Act;\n(i) any other matter relating to reportable offenders, the Register\nor the administration of this Act, as directed by the Minister.\n(2) The Commissioner must forward the report to the Minister within\n3 months after the end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 3 sitting days after the report is received by the\nMinister.\n","sortOrder":100},{"sectionNumber":"94","sectionType":"section","heading":"Other reports","content":"94 Other reports\n(1) The Minister may, at any time, request the Commissioner to report\nto him or her on a matter in relation to the operation of this Act.\n(2) The Commissioner must comply with the request of the Minister.\n\nChild Protection (Offender Reporting and Registration) Act 2004 59\n","sortOrder":101},{"sectionNumber":"95","sectionType":"section","heading":"Keeping of records","content":"95 Keeping of records\nThe Commissioner must keep the records that are necessary to\ncomply with the reporting requirements under this Division.\n","sortOrder":102},{"sectionNumber":"96","sectionType":"section","heading":"Delegation","content":"96 Delegation\n(1) Subject to subsection (2), the Commissioner may, in writing,\ndelegate to a police officer all or any of his or her powers and\nfunctions under this Act.\n(2) The Commissioner must not delegate:\n(a) his or her powers and functions under section 65(1) or (2),\n66(1)(d) or 67; or\n(b) his or her power of delegation under subsection (1).\n","sortOrder":103},{"sectionNumber":"97","sectionType":"section","heading":"Effect of spent convictions","content":"97 Effect of spent convictions\n(1) The fact that an offence in respect of which a reportable offender\nhas been found guilty becomes spent does not affect:\n(a) the status of the offence as a reportable offence for this Act in\nrespect of the reportable offender; or\n(b) any reporting obligations of the reportable offender; or\n(c) any prohibition order in respect of the reportable offender; or\n(d) the period for which the reportable offender is prohibited from\nengaging in child-related employment.\n(2) For this section, an offence becomes spent if, under a law in any\njurisdiction, the reportable offender is permitted to not disclose the\nfact that he or she was convicted or found guilty of the offence.\n","sortOrder":104},{"sectionNumber":"98","sectionType":"section","heading":"Certificate concerning evidence","content":"98 Certificate concerning evidence\n(1) In proceedings under this Act, a certificate signed by the\nCommissioner, or a police officer holding a position designated in\nwriting by the Commissioner for this section, certifying that the\nRegister:\n(a) at any particular date contained information specified in the\ncertificate; or\n\nChild Protection (Offender Reporting and Registration) Act 2004 60\n(b) indicated that, during any particular period, a specified person\nfailed to notify information as required by this Act;\nis evidence and, in the absence of evidence to the contrary, is proof\nof the details specified in the certificate.\n(2) For this Act, a certificate that would be evidence under a\ncorresponding Act that at a specified time, or during a specified\nperiod, a person was required to report to a corresponding registrar\nunder that Act is evidence and, in the absence of evidence to the\ncontrary, is proof of the facts stated in the certificate.\n","sortOrder":105},{"sectionNumber":"99","sectionType":"section","heading":"Regulations","content":"99 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may deal with any of the following:\n(a) matters incidental to the making of reports under Part 3,\nincluding:\n(i) the manner and form in which a report must be made;\nand\n(ii) the nature of any documentation or evidence to be\nproduced to verify any details of such a report; and\n(iii) further information that must be included in a report in\naddition to information required by that Part;\n(b) the form of, or the information to be included in, any notice or\nother document that is required by this Act to be given to\nreportable offenders;\n(c) the manner and form in which the Register must be\nestablished and maintained, including the manner and form in\nwhich information must be entered in the Register;\n(d) requiring or permitting the Commissioner to remove specified\ninformation, or information of a specified class, from the\nRegister;\n\nChild Protection (Offender Reporting and Registration) Act 2004 61\n(e) the notification of reporting obligations to reportable offenders,\nincluding:\n(i) the manner and form in which the information must be\ngiven to reportable offenders;\n(ii) requiring the reportable offender to acknowledge being\ngiven the notice;\n(iii) making special provision for notification to reportable\noffenders who are children or who have disabilities or\nother special needs;\n(iv) permitting or requiring a person or body to be notified of\na reportable offender's status as a child or person who\nhas a disability or other special need to facilitate\nnotification and reporting;\n(v) providing for the notification to be given to a carer of, or\na person nominated by, a reportable offender who may\nbe unable to understand his or her reporting obligations\nor the consequences of failing to comply with those\nobligations;\n(vi) prescribing information that must be given to reportable\noffenders in addition to information specified by this Act;\n(vii) requiring a person or body to provide specified\ninformation to reportable offenders concerning their\nreporting obligations;\n(viii) requiring a person or body to inform the Commissioner:\n(A) that a reportable offender has left the custody or\ncontrol of the person or body; and\n(B) that the person or body has given specified\ninformation to a reportable offender; and\n(C) that, in the opinion of the person or body, a\nreportable offender does or does not have the legal\ncapacity to understand specified information; and\n(ix) requiring a person or body to give the Commissioner any\nacknowledgement by a reportable offender of the receipt\nof a notice or any other specified information that is held\nby the person or body;\n\nChild Protection (Offender Reporting and Registration) Act 2004 62\n(f) empowering the Commissioner to give directions as to which\npolice stations must be used as a venue for the making of\nreports;\n(g) providing that a police station, or a class of police station, is\nnot to be used as a venue for the making of reports without\nthe consent of the Commissioner;\n(h) requiring a person or body to create records for this Act and to\nretain those records for a specified period or an unlimited\nperiod;\n(i) stating that a specified class of order made under a specified\ncorresponding Act is a corresponding offender reporting order\nfor this Act.\n(3) The Regulations may:\n(a) be of general or of specially limited application; and\n(b) differ in effect according to differences in time, place or\ncircumstance; and\n(c) require a matter affected by the Regulations to be:\n(i) in accordance with a specified standard or specified\nrequirement; or\n(ii) approved by or to the satisfaction of a specified person\nor a specified class of persons; or\n(iii) as specified in both subparagraphs (i) and (ii); and\n(d) confer a discretionary authority or impose a duty on a\nspecified person or a specified class of persons; and\n(e) provide in a specified case or class of cases for the exemption\nof persons or things from any of the provisions of the\nRegulations, whether unconditionally or on specified\nconditions, and either wholly or to such an extent as is\nspecified; and\n(f) impose a penalty not exceeding 20 penalty units for a\ncontravention of the Regulations.\n\n","sortOrder":106},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters for Child Protection (Offender Reporting and","content":"Part 8 Transitional matters for Child Protection (Offender Reporting and\nRegistration) Legislation Amendment Act 2010\nChild Protection (Offender Reporting and Registration) Act 2004 63\nPart 8 Transitional matters for Child Protection\n(Offender Reporting and Registration)\nLegislation Amendment Act 2010\n","sortOrder":107},{"sectionNumber":"100","sectionType":"section","heading":"Definitions","content":"100 Definitions\namending Act means the Child Protection (Offender Reporting and\nRegistration) Legislation Amendment Act 2010.\ncommencement means the commencement of this section.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Changes to personal information","content":"101 Changes to personal information\nIf a reportable offender's personal details as reported to the\nCommissioner are correct immediately before the commencement,\ndespite the amendments made to the definition personal details by\nthe amending Act, the reportable offender need not report the\nfurther details until he or she is next required to report under\nsection 18 or 19 or to answer questions under section 19A.\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Changes to reporting obligations","content":"102 Changes to reporting obligations\n(1) The amendments made by the amending Act to section 20 apply to\ntravel by a reportable offender on, or within 7 days after, the\ncommencement, but it is sufficient compliance with that section if\nthe reportable offender reports information required by it within\n7 days after the commencement.\n(2) The amendments made by the amending Act to section 21 apply to\na reportable offender even if the reportable offender started his or\nher travel before the commencement.\n(3) The amendments made by the amending Act to section 22 apply to\na reportable offender even if the reportable offender had left the\nTerritory before the commencement.\n","sortOrder":110},{"sectionNumber":"103","sectionType":"section","heading":"Amendment to Schedules if person is reportable offender","content":"103 Amendment to Schedules if person is reportable offender\n(1) This section applies if:\n(a) immediately before the commencement – a person was a\n(b) at any time before the commencement – the person had\nby the amending Act, becomes a reportable offence.\n\n","sortOrder":111},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Criminal Justice Legislation Amendment (Sexual","content":"Part 9 Transitional matters for Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023\nChild Protection (Offender Reporting and Registration) Act 2004 64\n(2) The person's reporting period does not increase, regardless of\nwhether the person was sentenced before, or is sentenced after,\nthe commencement for the offence mentioned in subsection (1)(b).\n","sortOrder":112},{"sectionNumber":"104","sectionType":"section","heading":"Amendment to Schedules if person is not reportable offender","content":"104 Amendment to Schedules if person is not reportable offender\n(1) This section applies if:\n(a) immediately before the commencement – a person was not a\n(b) at any time before the commencement – the person had\nby the amending Act, becomes a reportable offence.\n(2) If, after the commencement, the person is sentenced by a Territory\ncourt for the offence mentioned in subsection (1)(b), the person\nbecomes a Territory reportable offender as defined in section 7(1).\nPart 9 Transitional matters for Criminal Justice\nLegislation Amendment (Sexual Offences)\nAct 2023\n","sortOrder":113},{"sectionNumber":"105","sectionType":"section","heading":"Definitions","content":"105 Definitions\namending Act means the Criminal Justice Legislation Amendment\n(Sexual Offences) Act 2023.\ncommencement means the commencement of Part 3 of the\namending Act.\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"Application of amendments to Schedules if person is","content":"106 Application of amendments to Schedules if person is\nreportable offender\n(1) Subsection (2) applies to a person if:\n(a) immediately before the commencement the person was a\n(b) at any time before the commencement the person had\nby the amending Act, is a reportable offence.\n(2) The person's reporting period does not increase, regardless of\nwhether the person was sentenced before, or is sentenced after,\nthe commencement for the offence mentioned in subsection (1)(b).\n\nPart 9 Transitional matters for Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023\nChild Protection (Offender Reporting and Registration) Act 2004 65\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Application of amendments to Schedules if person is not","content":"107 Application of amendments to Schedules if person is not\nreportable offender\n(1) Subsection (2) applies to a person if:\n(a) immediately before the commencement the person was not a\n(b) at any time before the commencement the person had\nby the amending Act, is a reportable offence.\n(2) If, after the commencement, the person is sentenced by a Territory\ncourt for the offence mentioned in subsection (1)(b), the person\nbecomes a Territory reportable offender as defined in section 7(1).\n\nChild Protection (Offender Reporting and Registration) Act 2004 66\nsection 12(2)(a)\nCriminal Code\nSection 156, 160, 202B, 202C,\n202D, 208H, 208HA or 208HB\nIf the victim is a child\nSection 208J, 208JA, 208JB or 208JI\nSection 208LB, 208LC, 208LD or\n208MA\nIf the victim is a child\n\nChild Protection (Offender Reporting and Registration) Act 2004 67\nsection 12(3)(a)\n1 Criminal Code\nSection 125C If the article is indecent because it\ndepicts, describes or represents a\nperson who is under, or who looks to be\nunder, 16 years of age\nSection 193 If the intent is to commit a reportable\noffence\nSection 201, 208JC, 208JD, 208JE,\n208JF, 208JG, 208JH, 208K, 208KA,\n208KB or 208KC\nSection 208LE If the victim is a child\n2 Sex Industry Act 2019\nSection 12, 13 or 14\n3 Criminal Code (Cth)\nSection 271.4, 271.7, 272.15A, 273A.1,\n471.25A, 474.22, 474.22A, 474.23,\n474.24A, 474.25A, 474.25B, 474.25C(ii)\nor (iii), 474.26, 474.27 or 474.27AA\n\nChild Protection (Offender Reporting and Registration) Act 2004 68\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nChild Protection (Offender Reporting and Registration) Act 2004 (Act No. 60, 2004)\nAssent date 4 November 2004\nCommenced 12 January 2005 (Gaz G2, 12 January 2005, p 2)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nChild Protection (Offender Reporting and Registration) Legislation Amendment\nAct 2010 (Act No. 43, 2010)\nAssent date 13 December 2010\nCommenced 30 March 2011 (Gaz G13, 30 March 2011, p 13)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nCriminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011)\nAssent date 15 November 2011\nCommenced 15 February 2012 (Gaz G7, 15 February 2012, p 6)\n\nChild Protection (Offender Reporting and Registration) Act 2004 69\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012\n(Act No. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nSerious Sex Offenders Act 2013 (Act No. 9, 2013)\nAssent date 3 May 2013\nCommenced 1 July 2013 (Gaz G24, 12 June 2013, p 2)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nSex Industry Act 2019 (Act No. 40, 2019)\nAssent date 13 December 2019\nCommenced 12 June 2020 (Gaz S35, 11 June 2020)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n\nChild Protection (Offender Reporting and Registration) Act 2004 70\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 42, 46, 59, 61, 75, 89\nand 91 and sch 1 and 2.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 43, 2010, s 23\ns 3 amd No. 33, 2005, s 5; No. 43, 2010, s 4; No. 19, 2014, s 26; No. 27, 2014,\ns 57; No. 15, 2016, s 117; No. 19, 2017, s 39; No. 4, 2024, s 19\nss 6 – 10 amd No. 43, 2010, s 23\ns 12 amd No. 43, 2010, s 23\nss 14 – 15 amd No. 43, 2010, s 23\ns 16 amd No. 43, 2010, s 5\ns 17 amd No. 43, 2010, s 23\ns 19 amd No. 43, 2010, s 6\ns 19A ins No. 43, 2010, s 7\namd No. 32, 2011, s 8\ns 19B ins No. 43, 2010, s 7\ns 20 amd No. 43, 2010, s 8\ns 21 amd No. 43, 2010, s 9\ns 22 amd No. 43, 2010, s 10\ns 23 amd No. 43, 2010, s 11\ns 25 amd No. 43, 2010, s 23\ns 26 amd No. 43, 2010, s 12\nss 27 – 32 amd No. 43, 2010, s 23\ns 34 amd No. 43, 2010, s 23\nss 36 – 37 amd No. 43, 2010, s 23\ns 42 amd No. 43, 2010, s 23; No. 9, 2013, s 117\ns 43 amd No. 43, 2010, s 23\ns 46 amd No. 43, 2010, s 23; No. 9, 2013, s 118\ns 47 amd No. 9, 2013, s 119\ns 48 amd No. 43, 2010, s 23; No. 32, 2011, s 9\ns 49 amd No. 43, 2010, s 23; No. 30, 2011, s 3; No. 32, 2011, s 10\nss 52 – 53 amd No. 43, 2010, s 23\ns 55 amd No. 43, 2010, s 23\ns 57 sub No. 43, 2010, s 13\ns 61 amd No. 43, 2010, s 23\nss 65 – 66 amd No. 43, 2010, s 23\ns 69 amd No. 33, 2005, s 5; No. 8, 2016, s 11\ns 70A ins No. 8, 2016, s 12\ns 72 amd No. 43, 2010, s 23\ns 74 amd No. 43, 2010, s 23\ns 75 amd No. 43, 2010, s 23; No. 15, 2016, s 117\ns 76 amd No. 43, 2010, s 23; No. 8, 2016, s 13\n\nChild Protection (Offender Reporting and Registration) Act 2004 71\ns 79 amd No. 43, 2010, s 23\ns 81 amd No. 43, 2010, s 23\ns 82 amd No. 44, 2005, s 35\ns 83 amd No. 43, 2010, s 23; No. 32, 2011, s 11\ns 84 amd No. 43, 2010, s 23\ns 87 amd No. 23, 2012, s 32\ns 88 amd No. 43, 2010, s 23\ns 89 amd No. 34, 2007, s 146; No. 4, 2023, s 23\ns 90 amd No. 43, 2010, s 23\ns 91 amd No. 33, 2005, s 5; No. 43, 2010, s 23; No. 28, 2015, s 195\ns 92 amd No. 43, 2010, s 23; No. 32, 2011, s 12\ns 93 amd No. 33, 2005, s 5; No. 43, 2010, s 23\nss 96 – 99 amd No. 43, 2010, s 23\npt 8 hdg ins No. 43, 2010, s 14\nss 100 – 104 ins No. 43, 2010, s 14\npt 9 hdg ins No. 20, 2023, s 19\nss 105 – 107 ins No. 20, 2023, s 19\nsch 1 amd No. 43, 2010, s 15\nsub No. 20, 2023, s 20\nsch 2 amd No. 43, 2010, s 16; No. 40, 2019, s 30\nsub No. 20, 2023, s 20","sortOrder":116}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2113},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally conceived as a registration and address-reporting scheme (as reflected in the early sections), the Act has expanded into a comprehensive risk-management framework. It now includes: prohibition orders restricting conduct and movement (Part 5, added/functionally expanded since original); automatic exclusion from child-related employment (Part 6); recognition and enforcement of interstate and foreign court orders; and complex transitional machinery for amendments. The legislation now functions as a hybrid of criminal sentencing, civil preventive orders, and employment regulation, extending well beyond its original 'keep police informed' purpose."},"complexity_factors":["Over 50 defined terms in section 3, including complex nested definitions like 'supervised sentence' and 'government custody'","Four distinct categories of reportable offenders (Territory, corresponding, foreign, and deemed) with subtly different triggering conditions and reporting periods","Complex calculation of reporting periods (Division 5) involving tiered sentencing (8 years/15 years/life), reductions for child offenders, extensions for parole, and suspension during custody","Detailed procedural requirements distinguishing between 'in person' and remote reporting, with specific requirements for fingerprints, photographs, and identification verification","Extensive cross-referencing to the Criminal Code (NT and Commonwealth), Sentencing Act, and Youth Justice Act, plus recognition of 'corresponding Acts' from foreign jurisdictions","Nested exceptions and exemptions, including general exceptions (section 11), Supreme Court exemptions (Division 6), and modified procedures for protected witnesses (Division 9)","Prohibition order scheme (Part 5) with interim orders, consent orders, variation/revocation procedures, and specific evidentiary rules creating a parallel civil/criminal process","Transitional provisions spanning multiple amending Acts (2010 and 2023) with complex 'save and except' clauses for existing offenders"],"plain_english_summary":"**What this law does**\n\nThis Act creates a comprehensive monitoring and restriction scheme for people convicted of serious sexual offences against children in the Northern Territory. It requires these individuals to register with police and regularly report their whereabouts, while also empowering courts to ban them from working with children or entering certain places.\n\n**Who it affects**\nThe law applies to \"reportable offenders\" — broadly, adults (and in some cases children) found guilty of \"Class 1\" or \"Class 2\" offences (listed in the Schedules). This includes:\n*   **Territory offenders:** Sentenced in the NT for relevant offences\n*   **Corresponding offenders:** Convicted interstate or overseas in jurisdictions with similar reporting laws\n*   **Foreign offenders:** Convicted overseas where the offence wouldn't be a crime in the NT but triggers reporting in that country\n*   **Deemed offenders:** Convicted overseas of offences that *would* be reportable in the NT, even if that country doesn't have its own reporting scheme\n\nCertain people are exempt, such as those who committed offences as children, or those given good behaviour bonds for single minor offences.\n\n**Key requirements**\n\n*   **Reporting:** Offenders must make an initial report within days of release or entering the NT, then report annually. They must notify police within 7 days of any change to personal details (address, employment, phone, email, internet usernames, vehicles, tattoos) and before travelling interstate or overseas.\n*   **Identification:** Police may take fingerprints, photos, and identification documents.\n*   **Duration:** Reporting lasts 8 years for a single minor (Class 2) offence, 15 years for serious (Class 1) offences, and potentially **for life** for repeat offenders or those convicted of multiple offences. Child offenders get reduced periods (4 or 7.5 years).\n*   **Supreme Court exemption:** Offenders with lifelong obligations can apply to the Supreme Court to be exempted after 15 years if they can prove they no longer pose a risk to children.\n\n**Additional restrictions**\n\n*   **Employment ban:** Reportable offenders cannot work in \"child-related employment\" (schools, childcare, youth groups, babysitting, etc.) during their reporting period.\n*   **Prohibition orders:** The Commissioner of Police can apply to the Local Court (or Youth Justice Court for children) for orders prohibiting specific conduct — such as entering certain locations, contacting specific people, or using the internet — if the court believes the person poses a risk to children.\n\n**Why it matters**\nThe Act aims to reduce the risk of re-offending by ensuring police know where high-risk offenders are, what they look like, and who they're contacting. It creates a \"Child Protection Offender Register\" accessible only to authorised police and child protection agencies, and allows proactive court orders to prevent contact with children before offences occur.\n\n**Special protections**\nParticipants in witness protection programs have modified reporting procedures to protect their identities, and the law includes strict privacy protections for victims' identities in court proceedings."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as currently drafted extends beyond a narrow local reporting duty. It incorporates cross‑jurisdictional coverage (corresponding, foreign and deemed reportable offenders at ss 8–10), creates and mandates a maintained Register with controlled access (s 64–66), empowers courts to make prohibition orders limiting conduct and employment (Part 5 and ss 91–92), and provides a broad Regulations head of power (s 99) to define operational details, foreign recognitions and further reporting requirements. It also provides for exemptions and suspension of obligations in prescribed circumstances (ss 41–46) and modified procedures for protected witnesses (ss 59–63). Those additions and procedural refinements (and later amendment and transitional provisions recorded in the endnotes) materially broaden the original local reporting model into a system with cross‑border recognition, longer potential reporting periods (including life in some cases), administrative record‑keeping and active court intervention powers."},"complexity_factors":["Extensive definitional network (reportable offender types, Class 1/2 offences, multiple temporal rules) (ss 3, 6, 12, Schedules 1–2)","Multiple reporting timelines and triggers (initial, annual, change notifications, travel, suspension/extension while in custody or overseas) (ss 14–24, 35–40)","Cross‑jurisdictional interplay with foreign corresponding Acts, recognition of foreign orders and differing reporting periods (ss 8–10, 40, 90; Regulations at s 99)","Significant administrative discretion vested in the Commissioner and broad Regulations power to specify practical detail (ss 19A, 25–26, 56, 65, 99)","Parallel judicial mechanisms (prohibition orders, interim orders, reviews, and Supreme Court exemptions) with civil/custodial consequences (Part 5; ss 41–46, 71–84)","Criminal sanctions tied to administrative obligations (ss 48–49, 83) and no limitation period for prosecutions (s 50)","Privacy, record‑keeping and restricted access rules combined with high‑penalty disclosure offences (ss 64–67, 66(1) penalities)","Special procedures for protected witnesses and the need to harmonise confidentiality with reporting requirements (Part 3, Div 9; ss 59–63)"],"plain_english_summary":"### What the Act does (mechanically)\n\n- Creates an ongoing system requiring certain people convicted of sexual or other specified offences involving children to report personal and contact details, travel plans and changes to those details to the Commissioner of Police (\"the Commissioner\"). Key reporting rules and timings are in Part 3 (for example, initial and annual reports at ss 14, 18–19, travel reporting at ss 20–23).\n- Defines who must report: Territory reportable offenders, corresponding reportable offenders (people required to report under specified foreign laws), foreign reportable offenders and deemed reportable offenders (ss 6–10). Which foreign laws count is controlled by the Regulations (see definition \"corresponding Act\" and s 99).\n- Splits reportable offences into Class 1 and Class 2 (s 12, Schedules 1–2) and sets different reporting durations: typically 8 years for a single Class 2, 15 years for a single Class 1, and life in specified re‑offending scenarios (s 37). Child offenders have shorter periods (s 38).\n- Requires the Commissioner to maintain a Child Protection Offender Register with specified information about reportable offenders (s 64). Access and disclosure are tightly controlled and criminalised if abused (ss 65–66). The Commissioner also must provide offenders with what is recorded about them and correct errors where justified (s 68).\n- Gives police powers connected to reporting: police may take identification documents, fingerprints or fingerscans and photographs (ss 29–33). Reasonable force may be used where authorised and necessary (s 32). Material taken may be retained for law enforcement, crime prevention and child protection purposes (s 33).\n- Enables courts and the Commissioner to seek child protection prohibition orders that can restrict specific conduct (for example, being in particular places, associating with specified people or holding certain employment) where, on balance of probabilities, the person poses a risk to children and the order may reduce that risk (Part 5; see ss 71–74).\n- Prohibits reportable offenders, while within the relevant prohibited period, from applying for or engaging in child‑related employment (Part 6; ss 91–92). The definition of child‑related employment is broad and illustrative (s 91(1)).\n- Creates criminal offences and significant penalties for failing to comply with reporting or order obligations or for providing false or misleading information (ss 48–49, 83). There is no statutory time bar for prosecution under the Act (s 50).\n- Modifies reporting procedures for people in witness protection or similar programs to protect their identity while preserving the Commissioner’s record‑keeping (Part 3, Division 9; ss 59–63).\n- Gives the Commissioner regulatory and administrative powers (including delegations) to implement the scheme and to issue notices to offenders (ss 56, 96, 99). Courts have roles in making, varying and revoking orders and may grant exemptions from lifetime reporting in limited circumstances (ss 41–46).\n\n### The Act's stated purpose (as described in its long title)\n\nThe Act is stated to aim to reduce the likelihood of re‑offending and to facilitate investigation and prosecution of future offences by: (a) requiring certain offenders to keep police informed of whereabouts and personal details; (b) prohibiting certain offenders from child‑related employment; and (c) enabling courts to make orders prohibiting specified conduct.\n\nThose purpose claims are encoded into specific legal mechanisms (reporting rules, register, prohibition orders and employment bans). The legal text implements the claimed purpose by creating reporting duties with criminal penalties (ss 14–24, 48–49), by retaining recorded identifiers for law enforcement use (ss 29–33, 33) and by enabling courts to impose behavioural restraints (Part 5).\n\n### Testing the Act's mechanisms against costs, incentives and implementation trade-offs\n\n- Who pays and who bears costs: The direct compliance costs fall on reportable offenders (time to prepare and attend reports, produce identity documents, provide fingerprints/photographs and abide by employment bans) (ss 16, 26, 29–33, 92). The Commissioner/Police bear administrative and operational costs (establishing and maintaining the Register (s 64), processing reports, storing material, interacting with other agencies (s 24), and providing annual reports to the Minister (s 93)). Public authorities are required to assist the Commissioner when asked (s 87).\n\n- Incentives and sanctions: Criminal penalties (up to imprisonment and large fines) are the principal enforcement tool to incentivise compliance (ss 48–49, 83). The Register and the power to take and retain identifiers create an administrative incentive to keep records current (ss 30–33, 33, 64). The Act also allows courts to make prohibition orders when satisfied that restriction may reduce risk (s 72).\n\n- Compliance burden and practical friction: Frequent and varied reporting obligations (initial, annual, reporting of any change within 7 days, travel notices at least 7 days ahead, special rules for international travel) create recurring compliance costs and logistical friction for affected people (ss 14–24). Some reports must be made in person; fingerprinting and photography powers are mandatory if identity cannot otherwise be verified (ss 26(2), 30–31). Remote offenders have limited procedural relief (s 34).\n\n- Bureaucratic discretion and rule‑making power: The Commissioner has significant operational discretion: to control Register access (s 65), to require attendance (s 19A), to authorise how reports are made (s 26), to determine who may use special reporting procedures for protected witnesses (ss 60–63), and to delegate powers (s 96). The Regulations can further specify many matters including which foreign laws count as corresponding Acts, additional reportable details, and operational processes (s 99). That concentrates implementation choices in administrative rules and the Commissioner's policies.\n\n- Effects on private choice and markets: The statutory ban on child‑related employment during the prohibited period curtails ability of reportable offenders to seek work in a broad range of roles involving children (ss 91–92). Employers operating in the listed sectors will need processes to identify reportable offenders to avoid inadvertently engaging someone in breach of the Act; the Act does not itself set an employer‑screening scheme but the Register and court orders feed into that environment (ss 64, 72, 92).\n\n- Cross‑jurisdictional and substitution effects: The Act imports and interacts with foreign regimes by recognising corresponding and foreign reportable offenders and by allowing recognition of foreign prohibition orders (ss 8–10, s 90; Regulations may further fix detail at s 99). That creates potential complexity where reporting duties overlap or differ between jurisdictions (s 40 establishes that the longest applicable reporting period prevails).\n\n- Opportunity costs and resource risk: Maintaining a secure, accurate Register, handling requests to amend entries and supporting legal processes (including prosecutions for non‑compliance) require ongoing law‑enforcement and administrative resources (ss 64, 68, 98). The Act also creates duties on public authorities to provide information when the Commissioner requires it (ss 43(4)–(5), 87(1)–(2)), drawing on broader public sector capacity.\n\n- Implementation and legal risk: The Act gives courts scope to make orders on the balance of probabilities that a person poses a risk and that the order may reduce the risk (s 72). It also allows the Supreme Court to grant a suspension of lifetime reporting after 15 years subject to strict criteria (ss 41–42). Both judicial assessment and administrative determinations for protected witnesses (ss 61–63) present procedural complexity and potential for litigation (Part 5, Div 7).\n\n### Immediate practical consequences for affected people and organisations\n\n- Individuals with relevant convictions must regularly disclose extensive personal details, travel plans and changes, and may be fingerprinted/photographed; failing to do so risks criminal sanction (ss 14–24, 29–33, 48–49).\n- The Commissioner and police must operate and secure a Register and manage reports, including cross‑jurisdictional coordination with federal agencies (s 24) and foreign registries as allowed (s 64, s 90).\n- Employers in many child‑facing sectors must be aware that persons subject to a prohibited period are barred from child‑related employment and may need to check status as part of recruitment or engagement processes (ss 91–92).\n\n### Primary legal levers and points of discretion\n\n- Statutory definitions and reporting durations are set by the Act (ss 6, 12, 37–40).\n- The Commissioner has operational discretion on access, format and timing of reporting and on protected‑witness arrangements (ss 25–26, 56, 60–63, 65–67).\n- The Regulations (s 99) can extend, refine or clarify implementation details including which foreign laws count, additional personal details, record‑keeping, venues for reporting, and exemptions.\n\n(References in parentheses are to the section numbers of the Act.)"}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-offender-reporting-and-registration-act-2004","history":"/api/acts/child-protection-offender-reporting-and-registration-act-2004/history","analysis":"/api/acts/child-protection-offender-reporting-and-registration-act-2004/analysis","conflicts":"/api/acts/child-protection-offender-reporting-and-registration-act-2004/conflicts","importantCases":"/api/acts/child-protection-offender-reporting-and-registration-act-2004/important-cases","documents":"/api/acts/child-protection-offender-reporting-and-registration-act-2004/documents"}}