NORTHERN TERRITORY OF AUSTRALIA
CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION)
REGULATIONS 2004
As in force at 5 January 2018
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
4 Supervising authorities .................................................................... 2
5 Corresponding Acts ......................................................................... 3
5A Corresponding offender reporting orders ......................................... 3
5B Reportable offences ........................................................................ 3
6 Persons required to report under corresponding Act ....................... 3
6A Circumstances in which travel within Territory need not be
reported ........................................................................................... 3
7 Change of travel plans ..................................................................... 4
8 Documents to verify identity............................................................. 4
9 Who must give reportable offender notice of reporting
obligations ....................................................................................... 6
10 Supervising authority to notify Commissioner .................................. 6
11 Notices given to reportable offender ................................................ 6
12 Circumstances in which Commissioner may disclose
information from Register ................................................................ 7
13 Corresponding prohibition orders .................................................... 7
14 Recognition of corresponding prohibition orders ............................. 8
15 Reportable offender is child or person with special need ................ 8
16 Reportable offender incapable of understanding obligations ......... 10
Schedule 1 Corresponding Acts and corresponding
offender reporting orders
Schedule 2 Class 1 offences
Schedule 3 Class 2 offences
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 5 January 2018
CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION)
REGULATIONS 2004
Regulations under the Child Protection (Offender Reporting and
Registration) Act 2004
1 Citation
These Regulations may be cited as the Child Protection (Offender
Reporting and Registration) Regulations 2004.
2 Commencement
These Regulations come into operation on the commencement of
section 14 of the Child Protection (Offender Reporting and
Registration) Act 2004.
3 Interpretation
(1) In these Regulations:
business hours means between 8 am and 4 pm, Monday to Friday
(except public holidays).
support person, in relation to a reportable offender, means:
(a) a person nominated by the reportable offender for this
regulation; or
(b) if no such person is nominated:
(i) a parent, guardian, decision maker (as defined in
section 3 of the Advance Personal Planning Act 2013) or
carer of the reportable offender; or
(ii) a public authority that provides support, or supervises
the provision of support, to the reportable offender.
Child Protection (Offender Reporting and Registration) Regulations 2004 2
(2) For these Regulations, a reportable offender has a special need if
he or she:
(a) has impaired intellectual functioning as follows:
(i) total or partial loss of the person's mental functions;
(ii) a disorder or malfunction that results in the person
learning differently from a person without the disorder or
malfunction;
(iii) a disorder, illness or disease that affects the person's
thought processes, perceptions of reality, emotions or
judgment, or that results in disturbed behaviour; or
(b) is subject to a guardianship order under the Guardianship of
Adults Act 2016 or the Guardianship of Infants Act 1972; or
(c) is illiterate, or is not literate in the English language; or
(d) is visually impaired to the extent that the person is unable to
read a written notice; or
(e) is subject to some other condition that may prevent the person
from being able to understand a written notice.
4 Supervising authorities
(1) The Chief Executive Officer (within the meaning of the Public
Sector Employment and Management Act 1993) of the Agency
responsible for mental health is the authority having control of a
reportable offender who is subject to a custodial supervision order
under Part IIA of the Criminal Code.
(2) The Commissioner of Correctional Services is the authority having
control of a reportable offender:
(a) in respect of whom a court has made an offender reporting
order under section 13(1) of the Act; or
(c) who has been sentenced by a court, whether before, on or
after the commencement date, to a supervised sentence; or
(d) who has been sentenced by a court, whether before, on or
after the commencement date, to a term of government
custody; or
Child Protection (Offender Reporting and Registration) Regulations 2004 3
(e) who has been sentenced by a court, whether before, on or
after the commencement date, and who is not in government
custody or under a supervised sentence but is on parole or
under a suspended sentence.
(2A) The CEO (Youth Justice) is the authority having control of a
reportable offender who is a child and in respect of whom a court
has made an offender reporting order under section 13(2) of the
Act.
(3) The Commissioner is the authority having control of a reportable
offender entering the Territory who has not reported in the Territory.
5 Corresponding Acts
For section 3 of the Act, definition corresponding Act,
paragraph (b), each Act specified in Schedule 1 is a corresponding
Act.
5A Corresponding offender reporting orders
For section 3 of the Act, definition corresponding offender
reporting order, each order specified in Schedule 1 opposite the
corresponding Act under which it is made is a corresponding
offender reporting order.
5B Reportable offences
(1) For section 12(2)(b) of the Act, an offence against a provision
specified in Schedule 2 is a Class 1 offence.
(2) For section 12(3)(b) of the Act, an offence against a provision
specified in Schedule 3 is a Class 2 offence.
6 Persons required to report under corresponding Act
For section 17(3) of the Act, a person may make contact by
telephoning (08) 8922 1560 at any time.
6A Circumstances in which travel within Territory need not be
reported
For section 20(4) of the Act, travel within the Territory need not be
reported under section 20(1A) of the Act if either or both of the
following circumstances apply:
(a) the reportable offender travels less than 200 km from his or
her place of residence;
Child Protection (Offender Reporting and Registration) Regulations 2004 4
(b) the reportable offender is absent from his or her place or
residence for less than 14 consecutive days.
7 Change of travel plans
A reportable offender may make a report under section 21 of the
Act in any of the following manners:
(a) by telephoning (08) 8922 1560 at any time;
(b) by facsimile transmission to (08) 8922 3229 (from within
Australia) or 61 8 8922 3229 (from outside Australia);
(c) by email to ancor@pfes.nt.gov.au;
(d) by post to:
NT Child Protection Offender Registrar
Criminal Intelligence Section
PO Box 39764
Winnellie NT (Australia) 0821.
8 Documents to verify identity
(1) For section 29(1)(a) of the Act, if the reportable offender making a
report cannot produce a driver's licence, he or she can verify his or
her identity by producing 2 items from the following list, at least
one of which must be an item listed in paragraph (a), (b), (c) or (d):
(a) his or her birth certificate;
(b) an Australian passport, or document of identity issued by the
Australian Passport Office, that is current or has been expired
for less than 2 years;
(c) a current overseas passport;
(d) an Australian naturalisation or citizenship document, or
immigration papers issued by the Commonwealth Department
of Immigration and Multicultural Affairs;
(e) a current Medicare card, pensioner concession card,
Department of Veteran's Affairs entitlement card or other
entitlement card issued by the Commonwealth, a State or
another Territory;
(f) a current credit card or account from a bank, building society
or credit union, or a passbook or statement of account, up to
one year old;
Child Protection (Offender Reporting and Registration) Regulations 2004 5
(g) a telephone, gas or electricity bill up to one year old;
(h) a notice of council rates, water service charges or land
valuation up to 2 years old;
(i) an electoral enrolment card, or other evidence of enrolment as
an elector, up to 2 years old;
(j) a current student card, or a certificate or statement of
enrolment from an educational institution, up to 2 years old.
(2) For section 29(1)(c) of the Act, if another person is making a report
on behalf of the reportable offender, he or she must, in addition to
producing documents referred to in subregulation (1) to verify the
identity of the reportable offender, produce documents to verify his
or her own identity.
(3) If the person making a report on behalf of the reportable offender
cannot produce a driver's licence, he or she can verify his or her
identity by producing 2 items from the list in subregulation (1), at
least one of which must be an item listed in paragraph (a), (b), (c)
or (d) of that subregulation.
(4) For section 29(5) of the Act, if a reportable offender is making a
report other than in person, the reportable offender must provide,
by mail or facsimile, copies of documents to verify his or her identity
and location.
(5) For subregulation (4), the reportable offender must provide:
(a) a copy of his or her driver's licence and copies of at least
2 items from the list in subregulation (1); or
(b) copies of at least 2 items from the list in subregulation (1), at
least one of which must be an item listed in paragraph (a), (b),
(c) or (d) of that subregulation.
(6) If another person makes a report referred to in subregulation (4) on
behalf of a reportable offender, he or she must, in addition to
producing documents to verify the identity of the reportable
offender, produce the documents referred to in subregulation (5)(a)
or (b) to verify his or her own identity.
(7) The police officer receiving a report referred to in section 29(5) of
the Act may waive any or all of the requirements of
subregulation (4), (5) and (6) (as applicable) if the officer is
otherwise satisfied as to the identity of the reportable offender or
the person making the report, as the case may be.
Child Protection (Offender Reporting and Registration) Regulations 2004 6
9 Who must give reportable offender notice of reporting
obligations
For section 52(4) of the Act, a notice must be given to a reportable
offender:
(a) who is in government custody in the Territory – by the
Commissioner or a correctional officer (as defined in section 4
of the Correctional Services Act 2014); or
(b) who is the subject of a supervision order under Part IIA of the
Criminal Code – by the Chief Health Officer; or
(c) who is entering the Territory – by the Commissioner; or
(d) who is in the Territory and becomes a corresponding, foreign
or deemed reportable offender – by the Commissioner.
10 Supervising authority to notify Commissioner
For section 55(3) of the Act, the notice must include the following:
(a) the reportable offender's name and his or her identification
number for the IJIS database;
(b) the date on which the reportable offender:
(i) is due to be released from custody or to cease to be
subject to a supervised sentence or be on parole; or
(ii) was released from custody or ceased to be subject to a
supervised sentence or be on parole;
(c) the residential address of the reportable offender (or proposed
address), if known;
(d) if the reportable offender is to be or has been released on
parole – what the parole conditions are;
(e) if the reportable offender has been subject to a supervision
order under Part IIA of the Criminal Code – any mental
impairment suffered by the reportable offender and any
special needs of the reportable offender.
11 Notices given to reportable offender
(1) A notice given to a reportable offender must include the following:
(a) the name of the reportable offender;
(b) the date on which and the place at which the notice is given;
Child Protection (Offender Reporting and Registration) Regulations 2004 7
(c) the name and signature of the person giving the notice;
(d) a space for the reportable offender to provide his or her
signature on a copy of the notice.
(2) The person giving a notice to a reportable offender must ask the
reportable offender to acknowledge receipt of the notice by
providing his or her signature on a copy of the notice.
(3) If a reportable offender refuses to provide his or her signature, the
person giving the notice must record that fact on the copy of the
notice.
(4) If a notice is given by a sentencing court or a supervising authority,
a copy of the notice must be provided to the Commissioner.
12 Circumstances in which Commissioner may disclose
information from Register
(1) For section 66(1)(e) of the Act, the Commissioner may disclose
personal information from the Register in relation to a reportable
offender to the police commissioner (however described) of another
jurisdiction if the reportable offender has reported an intention to
travel to that other jurisdiction.
(2) Without limiting subregulation (1), the information that may be
disclosed includes whether the reportable offender is the subject of
a prohibition order, and the terms of the order.
(3) The Commissioner may also disclose information from the Register
to the Chief Executive Officer of an Agency if:
(a) the Agency has responsibilities in relation to the reportable
offender or children (whether specifically or generally); and
(b) the Commissioner considers the disclosure is appropriate to
assist the Agency in meeting a duty of care in relation to those
responsibilities.
13 Corresponding prohibition orders
For Part 5 of the Act, a corresponding prohibition order is an order
under a corresponding Act prohibiting a reportable offender from
engaging in conduct specified in the order, including any of the
following:
(a) associating with or other contact with specified persons or
kinds of persons;
(b) being in specified locations or kinds of locations;
Child Protection (Offender Reporting and Registration) Regulations 2004 8
(c) engaging in specified behaviour;
(d) being in specified employment or employment of a specified
kind.
14 Recognition of corresponding prohibition orders
(1) If the Commissioner is satisfied that a person:
(a) is a reportable offender for the Act; and
(b) is in the Territory or intends to visit the Territory; and
(c) is the subject of a corresponding prohibition order;
the Commissioner may cause the details of the corresponding
prohibition order to be entered on the Register in relation to the
person.
(2) If the Commissioner considers it is necessary or desirable for the
terms of the corresponding prohibition order to be varied in the
Territory, he or she may make application to the Supreme Court.
(3) The Supreme Court has jurisdiction to vary the terms of the
corresponding prohibition order in its effect in the Territory as if the
corresponding prohibition order was an order of the court.
(4) The Commissioner must ensure that the varied terms of the
prohibition order are entered in the Register.
(5) The Commissioner must serve on the reportable offender a copy of
the court order varying the corresponding prohibition order.
(6) A corresponding prohibition order (as varied, if applicable) that is
entered in the Register in relation to a reportable offender is
enforceable in the Territory as if it were an order under Part 5 of the
Act.
15 Reportable offender is child or person with special need
(1) This regulation applies in relation to any reportable offender who:
(a) is a child; or
(b) in the opinion of the Commissioner, a supervising authority or
a sentencing court has a special need;
and who, in the opinion of the Commissioner, authority or court is
incapable of understanding a notice under the Act.
Child Protection (Offender Reporting and Registration) Regulations 2004 9
(2) The Commissioner or supervising authority must take measures
that are reasonably practicable to assist the reportable offender to
understand:
(a) the person's reporting obligations; and
(b) the consequences that may arise if the person fails to comply
with those obligations.
(3) The measures may include, but are not limited to, the following:
(a) providing an oral explanation to the reportable offender of
those obligations and consequences;
(b) providing an audio or video recorded explanation to the
reportable offender of those obligations and consequences;
(c) providing the reportable offender with a translation of a notice
under the Act in a language with which the reportable offender
is familiar;
(d) making available an interpreter to provide the reportable
offender with an oral explanation of a notice under the Act in a
language with which the reportable offender is familiar;
(e) making available a person (who has experience in
communicating with persons who have similar special needs)
to communicate those obligations and consequences to the
reportable offender in a manner with which the reportable
offender is familiar;
(f) providing additional written notice to the reportable offender in
a form that can be more readily understood by persons who
have similar special needs;
(g) arranging for a support person to be present when a notice
under the Act is being given to the reportable offender or when
any other measure is being taken to communicate those
obligations and consequences to the reportable offender.
(4) The Commissioner must keep a record of any measures in relation
to the reportable offender:
(a) taken by the Commissioner as a result of forming the opinion
in subregulation (1); or
(b) of which the Commissioner is informed under
subregulation (5).
Child Protection (Offender Reporting and Registration) Regulations 2004 10
(5) If a supervising authority forms the opinion referred to in
subregulation (1), the authority:
(a) must inform the Commissioner of its opinion and of the
reasons for its opinion; and
(b) must keep a record of any measures taken by the authority
under this regulation in relation to the reportable offender; and
(c) must inform the Commissioner as to each occasion on which
any such measures are taken and the nature of the measures
taken.
(6) If a sentencing court forms the opinion referred to in
subregulation (1), the court must inform the Commissioner and
each relevant supervising authority of its opinion and of the reasons
for its opinion.
(7) The Commissioner and each supervising authority must keep a
record of any information received from the court under
subregulation (6).
16 Reportable offender incapable of understanding obligations
(1) This regulation applies in relation to any reportable offender who:
(a) is a child; or
(b) in the opinion of the Commissioner, has a disability,
and who, in the opinion of the Commissioner, is incapable of
understanding:
(c) the reportable offender's reporting obligations; or
(d) the consequences that may arise if the reportable offender
fails to comply with those obligations.
(2) The Commissioner may, if he or she is of the opinion that a support
person is likely to provide the assistance, inform the support person
of those obligations and consequences to enable the support
person to assist the reportable offender to comply with the
obligations.
(3) The information must be given to the support person personally or
by means of "person-to-person" registered post unless the support
person is a public authority that provides support, or supervises the
provision of support, to the reportable offender.
Schedule 1 Corresponding Acts and corresponding offender reporting orders
Child Protection (Offender Reporting and Registration) Regulations 2004 11
Schedule 1 Corresponding Acts and corresponding
offender reporting orders
regulations 5 and 5A
Jurisdiction Corresponding Act Corresponding offender
reporting order
New South Wales Child Protection
(Offenders
Registration) Act 2000
(NSW)
child protection
registration order
Queensland Child Protection
(Offender Reporting
and Offender
Prohibition Order)
Act 2004 (Qld)
offender reporting order
Western Australia Community Protection
(Offender Reporting)
Act 2004 (WA)
offender reporting order
Victoria Sex Offenders
Registration Act 2004
(Vic)
sex offender
registration order
Tasmania Community Protection
(Offender Reporting)
Act 2005 (Tas)
offender reporting order
Australian Capital
Territory
Crimes (Child Sex
Offenders) Act 2005
(ACT)
child sex offender
registration order
South Australia Child Sex Offenders
Registration Act 2006
(SA)
child sex offender
registration order
Schedule 3 Class 2 offences
Child Protection (Offender Reporting and Registration) Regulations 2004 14
section 474.24A
section 474.25A
section 474.25B
section 474.27A
Customs Act 1901 (Cth)
section 233BAB, involving items of child pornography or of child abuse
material
ENDNOTES
Child Protection (Offender Reporting and Registration) Regulations 2004 15
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Child Protection (Offender Reporting and Registration) Regulations (SL No. 40, 2004)
Notified 12 January 2005
Commenced 12 January 2005 (r 2, s 2 Child Protection (Offender
Reporting and Registration) Act 2004 (Act No. 60, 2004) and
Gaz G2, 12 January 2005, p 2)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Child Protection (Offender Reporting and Registration) Amendment Regulations 2006
(SL No. 27, 2006)
Notified 26 July 2006
Commenced 26 July 2006
Child Protection (Offender Reporting and Registration) Legislation Amendment Act
2010 (Act No. 43, 2010)
Assent date 13 December 2010
Commenced 30 March 2011 (Gaz G13, 30 March 2011, p 13)
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date 16 March 2011
Commenced 1 July 2011 (Gaz S28, 3 June 2011)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013 )
Assent date 19 December 2013
Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);
rem: 17 March 2014 (Gaz S14, 17 March 2014)
Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,
2014)
Assent date 4 September 2014
Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)
ENDNOTES
Child Protection (Offender Reporting and Registration) Regulations 2004 16
Guardianship of Adults Act 2016 (Act No. 15, 2016)
Assent date 7 June 2016
Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)
Youth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)
Assent date 30 October 2017
Commenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)
Child Protection (Offender Reporting and Registration) Amendment Regulations 2017
(SL No. 41, 2017)
Notified 13 December 2017
Commenced 13 December 2017
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 3, 4 and 9.
4 LIST OF AMENDMENTS
r 3 amd Act No. 43, 2010, s 23; Act No. 36, 2013, s 139; Act No. 15, 2016, s 117
r 4 amd Act No. 27, 2014, s 57; Act No. 19, 2017, s 39
r 5 sub No. 27, 2006, r 3
amd Act No. 43, 2010, s 18
sub No. 41, 2017, r 4
rr 5A – 5B ins No. 41, 2017, r 4
r 6 amd Act No. 43, 2010, s 19
r 6A ins Act No. 43, 2010, s 20
r 7 amd Act No. 44, 2005, s 35; Act No. 43, 2010, s 21
r 8 amd Act No. 43, 2010, s 23
r 9 amd Act No. 43, 2010, s 23; Act No. 7, 2011, s 147; Act No. 27, 2014, s 57
r 12 amd Act No. 43, 2010, s 22
rr 14 – 15 amd Act No. 43, 2010, s 23
sch 1 – 3 ins No. 41, 2017, r 5