Child Protection Register Ongoing consequences of child sex

Child Protection Register Ongoing consequences of child sex offences and offences relating to non -compliance.

Legislation • Child Protection (Offenders Registration) Act 2000 • Child Protection (Offenders Prohibition Orders) Act 2004

Bureau of Crime Statistics & Research In 2009 -2010 of the people found guilty of a sexual offence against a child – • 64% had no prior convictions • 6% had a prior conviction for sexual assault (adult or child)

Class 1 offences include the murder of a child and sexual intercourse with a child. Class 2 offences include acts of indecency, possession of child pornography, kidnapping of a child, filming a child for indecent purposes, grooming offences.

Exceptions section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 Where a child is convicted of a single offence involving an act of indecency, possession of child pornography or filming for sexual gratitude

Information reported • • • All their names Date of birth Principal address Their employment details Details of their motor vehicle(s) Details of their registrable offences.

Further information • Names and ages of any children with whom they ordinarily reside or have unsupervised contact • Details of any club or organisation which has child participation or membership, where they have an affiliation. • Details of tattoos or other distinguishing marks. • Dates of interstate absences of over 14 days as well as regular short absences.

And more… • Telephone services • Internet service providers • Type of internet connection (wireless, broadband, ADSL or dial-up) • Details of email addresses, internet user names, instant messaging user names, chat room user names or any other names or identites used or intended to be used

Time on the Register • 8 years for one Class 2 offence • 15 years for one Class 1 or two Class 2 • Life for a Class 1 & Class 2 or more than two registrable offences • Periods are halved for juveniles.

Working with Children Check Registered Person Prohibited engaging in or applying for Child Related Employment

Extra Curial Punishment? s 24 A Crimes (Sentencing Procedure) Act

Prohibition Orders • Associating with specified persons or kinds of persons. • Being in specified locations or kinds of locations • Engaging in specified behaviour • Being in specified employment

An example. The respondent shall not Access any social networking site Actively seek to remain in the company of any person under the age of 18 Communicate or attempt to communicate with any person under the age of 18.

Not attend premises frequented by children including but not limited to playgrounds, parks, caravan parks, internet cafes, video arcades, game stores, libraries…. .

Not have a mobile phone or any other electronic device that is capable of accessing the internet

Offences s 17 Child Protection Act A registrable person must not fail to comply with any of the person’s reporting obligations without reasonable excuse.

Reasonable Excuse? In determining whether a registrable person had a reasonable excuse … the court … is to have regard to the following matters: (a) the person’s age, (b) whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations, (b 1) whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances, (c) any matter prescribed by the regulations, (d) any other matter the court considers appropriate.

s 17 – Fail to comply with reporting obligations – between 4/08 & 3/12

Offender Prohibition Orders s 13(1) contravene prohibition order 23 cases

NSW Ombudsman – Survey Overall effect of being on the Register

Comments I am able to know the gravity of my crime and the effect on victim more fully. Keeping myself more aware and accountable. Makes me feel negative, paranoid, spiteful.