Page 2828 - Week 09 - Thursday, 13 August 2015
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for a non-registration order. The child sex offenders act imposes reporting obligations for a period of between four years and life, depending on the number, severity and timing of the offences committed and the age of the offender when an offence was committed.
These reporting periods are significant, appropriately reflecting the seriousness of child sex offences and the need to monitor those offenders who have committed sexual crimes against children. However, in certain circumstances the mandatory reporting period may be, or may become, inappropriate for individual registered offenders. The Chief Police Officer will be able to apply for the removal of a registered offender from the register in specified certain circumstances. This allows ACT Policing to account for the individual circumstances of certain registered offenders who, for all intents and purposes, should no longer be registered and subject to reporting obligations.
Determining the extent to which the registered offender’s circumstances should be weighed up as part of this process is complex. This amendment will support the purposes outlined in section 6 of the child sex offenders act by ensuring that those offenders who are assessed as no longer likely to reoffend or engage in conduct that poses a risk to the lives or sexual safety of children are no longer required to report. As a result, ACT Policing will better use existing resources to monitor those registrable offenders who continue to present a risk to the community.
When making an application to remove an offender from the register the Chief Police Officer may take reasonable steps to identify and give notice of the proposed application to each victim of the registered offender. Prior to giving notice the Chief Police Officer must also consult with the Victims of Crime Commissioner about the process.
The notice will provide that the victim can make a written submission about the application which the Chief Police Officer will consider when deciding whether to make the application to the Magistrates Court. The submission may also be presented to the court by the Director of Public Prosecutions if the application is made. This will ensure that victims are given the opportunity to have their say on any proposal to remove an offender from the register.
If the Chief Police Officer makes an application, the court may make an order if satisfied on reasonable grounds that it would be inappropriate for the offender to remain on the register. When making this decision the court must consider a number of factors, including the severity of each offence that resulted in the offender being on the register, the level of harm to the victim and the community caused by each offence, the period for which the offender has been included on the register, any attempts at rehabilitation by the offender and whether the offender poses a risk to the lives or sexual safety of one or more people or of the community more broadly.
The third category of amendments also includes a proposal to allow an offender who was a young person at the time that the registrable offence was committed to make an application to not be registered. The purpose of this provision is to recognise that registration may not be appropriate in all circumstances.
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