Part 4The register of child sex offenders

Part 4—The register of child sex offenders 60—Register of child sex offenders (1) The Commissioner is to establish and maintain a register of registrable offenders. (2) The register is to contain the following information in respect of each registrable offender (to the extent that it is known by the Commissioner): (a) the registrable offender's name and other identifying particulars; (b) details of each class 1 or class 2 offence of which the registrable offender has been found guilty or with which he or she has been charged; (c) details of each offence of which the registrable offender has been found guilty that resulted in the making of a child sex offender registration order; (d) details of each restraining order made against the registrable offender under section 99AA of the Summary Procedure Act 1921; (e) the date on which the registrable offender was sentenced for any registrable offence; (f) the date on which the registrable offender ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during his or her reporting period; (fa) if a declaration relating to the registrable offender is made or revoked under Part 2A—the date on which the declaration was made or revoked; (g) any information reported in respect of the registrable offender under Part 3; (ga) if a declaration relating to the registrable offender is made, varied or revoked under Part 5A—details of the declaration, variation or revocation; (gb) if a requirement has been issued in relation to the registrable offender under section 66N—the date on which the requirement came into force and, if the requirement has ceased to be in force, the date on which the requirement so ceased; (h) any other information that the Commissioner considers appropriate to include in the register. 61—Access to register to be restricted (1) The Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the Commissioner in accordance with guidelines approved in accordance with this section. (2) The Commissioner must develop guidelines in relation to access to the register to ensure that access to information contained in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act. (3) Guidelines developed under this section must be approved by the Minister. (4) For the purposes of this section, the register includes any information from any register maintained under a corresponding law that is accessible by the Commissioner, regardless of whether or not that information is physically part of the register. (5) This section has effect despite any other Act or law to the contrary. 62—Restriction on who may access personal information on protected witnesses The Commissioner must ensure that information in the register about a person to whom Part 3 Division 9 applies that identifies, or might identify, the person cannot be accessed other than by a person authorised by the police officer or officer of an approved authority (within the meaning of the Witness Protection Act 1996) responsible for the day to day operation of the State Witness Protection Program. 63—Registrable offender's rights in relation to register (1) If asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with a copy of all the reportable information that is held in the register in relation to the registrable offender. (2) The Commissioner must comply with subsection (1) as soon as practicable after being asked to do so. (3) A registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information). (4) The Commissioner must take reasonable steps to notify the registrable offender as to whether a request under subsection (3) is to be complied with. (5) If the Commissioner refuses to comply with such a request, the registrable offender may, within 1 month after receiving notification of that decision, apply in writing to the Ombudsman for a review of the decision. (6) In conducting a review under this section, the Ombudsman may exercise the same powers as it may exercise in conducting a review of a determination under the Freedom of Information Act 1991. (7) In this section— reportable information means any information supplied to the Commissioner by, or on behalf of, the registrable offender that the registrable offender is required to report to the Commissioner and that is still held in the register.