Published by Geoff Harrison | 16 March 2025
A "registrable person" is a person who is convicted of a "registerable offence" as defined by ss3A and 3 of the Child Protection (Offenders Registration) Act 2000 ("the Act"). A person's reporting obligations commence upon being either sentenced or released from custody: s14 of the Act. The length of a person's reporting depends upon the nature of the offence and whether it is a class 1 or class 2 offence. If it is a class 2 offence, the reporting obligations continue for 8 years, and if it is a class 1 offence, the reporting obligations continue for 15 years: s14A of the Act.
If a person fails to comply with any reporting obligation, it is an offence as per s17 of the Act and carries a maximum penalty of either 500 penalty units ($55,000) and/or 5 years imprisonment. The offence is one of strict liability; hence, the only defence other than the statutory defence of reasonable excuse is that the accused has an honest and reasonable mistake of fact relating to the failure to comply.
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CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3A Registrable persons
Registrable persons
(1) A "registrable person" is a person whom a court has at any time (whether before, on or after the commencement of this section) sentenced in respect of a registrable offence, and includes a corresponding registrable person.
(2) Unless a person is a corresponding registrable person, a person is not a registrable person merely because the person--
(a) is a person in respect of whom a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 (or an equivalent order under the laws of a foreign jurisdiction) in respect of a Class 1 or Class 2 offence, or
(c) as a child committed--
(i) a single offence involving sexual touching or a sexual act, or
(ii) a single offence under section 91H of the Crimes Act 1900 or an offence of producing, disseminating or possessing child abuse material (in whatever terms expressed) under the laws of a foreign jurisdiction, or
(iii) a single offence under section 91J (1), 91K (1) or 91L (1) of the Crimes Act 1900 , or
(iv) a single offence (including an offence committed under the laws of a foreign jurisdiction) that falls within a class of offence the regulations prescribe for the purposes of this subparagraph, or
(v) a single offence an element of which is an intention to commit an offence of a kind listed in this paragraph, or
(vi) a single offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this paragraph, or
Note : Savings and transitional provisions in Schedule 2 provide that references to certain offences in this paragraph are taken to include references to certain earlier offences under provisions that have since been repealed.
(d) is a person whom a court has found guilty of a registrable offence before 15 October 2001, unless the person is an existing controlled person or the offence results in the making of a child protection registration order against the person.
(3) A person is not a registrable person if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this section.
(4) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child protection registration order.
(5) A reference to a single offence in this section includes a reference to more than one offence of the same kind arising from the same incident.
CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 3 Definitions
Definitions
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"registrable offence" means an offence that is--
(a) a Class 1 offence, or
(b) a Class 2 offence, or
(c) an offence that results in the making of a child protection registration order.
"Class 1 offence" means--
(a) the offence of murder, where the person murdered is a child, or
(b) an offence that involves sexual intercourse with a child (other than an offence that is a Class 2 offence), or
(c) an offence against section 66EA of the Crimes Act 1900 , or
(d) an offence against section 272.8, 272.10 (if it relates to an underlying offence against section 272.8) or 272.11 of the Criminal Code of the Commonwealth, or an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth if it relates to another Class 1 offence as elsewhere defined in this section, or
(d1) an offence against section 80A of the Crimes Act 1900 , where the person against whom the offence is committed is a child, or
(e) any offence under a law of a foreign jurisdiction that, if it had been committed in New South Wales, would have constituted an offence of a kind listed in this definition, or
(f) an offence under a law of a foreign jurisdiction that the regulations state is a Class 1 offence, or
(g) an offence an element of which is an intention to commit an offence of a kind listed in this definition, or
(h) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition, or
(i) an offence that, at the time it was committed--
(i) was a Class 1 offence for the purposes of this Act, or
(ii) in the case of an offence occurring before the commencement of this definition, was an offence of a kind listed in this definition.
"Class 2 offence" means--
(a) the offence of manslaughter (other than manslaughter as a result of a motor vehicle accident), where the victim of the manslaughter is a child, or
(a1) an offence that involves sexual touching or a sexual act against or in respect of a child, being an offence that is punishable by imprisonment for 12 months or more, or
(a2) an offence under section 33 (1) of the Crimes Act 1900 , where the person against whom the offence is committed is a child under 10 years of age and the person committing the offence is not a child, or
(a3) an offence under section 66EB or 66EC of the Crimes Act 1900 , or
(b) an offence under section 86 of the Crimes Act 1900 , where the person against whom the offence is committed is a child, except where the person found guilty of the offence was, when the offence was committed or at some earlier time, a parent or carer of the child, or
(c) an offence under section 80D or 80E of the Crimes Act 1900 , where the person against whom the offence is committed is a child, or
(c1) an offence under section 87 of the Crimes Act 1900 , where the person committing the offence has never had parental responsibility (within the meaning of that section) for the child who is taken or detained, or
(d) an offence under section 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900 (other than an offence committed by a child prostitute), or
(f) an offence under section 91J, 91K or 91L of the Crimes Act 1900 where the person who was being observed or filmed as referred to in those sections was then a child, or
(g) an offence against section 271.4, 271.7, 272.9, 272.10 (if it relates to an underlying offence against section 272.9), 272.11, 272.12, 272.13, 272.14, 272.15, 273.5, 273.6, 273.7, 471.16, 471.17, 471.19, 471.20, 471.22, 471.24, 471.25, 471.26, 474.19, 474.20, 474.22, 474.23, 474.24A, 474.25A, 474.25B, 474.26, 474.27 or 474.27A of the Criminal Code of the Commonwealth, or an offence against section 272.18, 272.19 or 272.20 of the Criminal Code of the Commonwealth if it relates to another Class 2 offence as elsewhere defined in this section, or
(h) an offence against section 270.6 or 270.7 of the Criminal Code of the Commonwealth where the person against whom the offence is committed is a child, or
(i) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or of child abuse material, or
(j) any offence under a law of a foreign jurisdiction that, if it had been committed in New South Wales, would have constituted an offence of a kind listed in this definition, or
(k) an offence under a law of a foreign jurisdiction that the regulations state is a Class 2 offence, or
(l) an offence an element of which is an intention to commit an offence of a kind listed in this definition, or
(m) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this definition, or
(n) an offence that, at the time it was committed--
(i) was a Class 2 offence for the purposes of this Act, or
(ii) in the case of an offence occurring before the commencement of this definition, was an offence of a kind listed in this definition.
CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 10 Registrable person must report annually
Registrable person must report annually
(1) A registrable person must report the person's relevant personal information to the Commissioner of Police each year.
(2) The registrable person must make the report by the end of the calendar month in which the anniversary of the date on which the person first reported in accordance with this Act or a corresponding Act falls.
(3) If the registrable person has been in government custody since the person last reported the person's relevant personal information under this section, the information the person must report must include details of when and where that custody occurred.
(4) If a registrable person's reporting period expires, but the person is then required to report again under section 9A, the reference to the date on which the person first reported is to be read as a reference to the date on which the person first reported in respect of the current reporting period.
CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 14 When reporting obligations begin
When reporting obligations begin
For the purposes of this Act, a registrable person's reporting obligations in respect of a registrable offence begin--
(a) when the person is sentenced for the offence, or
(b) when the person ceases to be in government custody in relation to the offence,
whichever is the later.
CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 14A Length of reporting period
Length of reporting period
(1) A registrable person must continue to comply with the reporting obligations imposed by this Part for--
(a) 8 years, if the person has only ever been found guilty of a single Class 2 offence, or
(b) 15 years, if the person--
(i) has only ever been found guilty of a single Class 1 offence, or
(ii) has ever been found guilty of more than a single registrable offence but is not covered by paragraph (c), or
(c) the remainder of the person's life, if the person is a registrable person in respect of--
(i) a Class 1 offence and the person subsequently commits and is found guilty of another registrable offence, or
(ii) a Class 2 offence and the person subsequently commits and is found guilty of a Class 1 offence, or
(iii) a Class 2 offence and the person subsequently commits and is found guilty of another Class 2 offence and has ever been found guilty of 3 or more Class 2 offences.
Note : A life-long reporting obligation may be suspended under Division 7.
(2) Subsection (1) (c) does not apply if the registrable person was not given notice of the person's reporting obligations under this Act or a corresponding Act before the person committed the subsequent offence.
(3) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection.
(4) For the purposes of this section--
(a) 2 or more offences arising from the same incident are to be treated as a single offence, and
(b) 2 or more offences arising from the same incident are to be treated as a single Class 1 offence if at least one of those offences is a Class 1 offence.
CHILD PROTECTION (OFFENDERS REGISTRATION) ACT 2000 - SECT 17 Offence of failing to comply with reporting obligations
Offence of failing to comply with reporting obligations
(1) A registrable person must not fail to comply with any of the person's reporting obligations without reasonable excuse.
Maximum penalty: 500 penalty units or imprisonment for 5 years, or both.
(2) In determining whether a registrable person had a reasonable excuse for failing to comply with the person's reporting obligations, the court before which the proceedings are being heard 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,
(b1) 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.
(2A) In proceedings for an offence under this section, the onus of proving that a registrable person had a reasonable excuse lies with the person and must be proved on the balance of probabilities.
(3) It is a defence to proceedings for an offence arising under this section if it is established by or on behalf of the registrable person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the person's reporting obligations.
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