Child Protection Register (NSW)

When an offender is convicted of certain offences that are violent or sexual in nature against children, the offender will be placed on the Child Protection Register. The Child Protection Register contains details and relevant information of convicted child sex and child violence offenders who may continue to pose a risk to children. This article explains the Child Protection Register, which offenders will be placed on the Register, the reporting obligations of the Register and the offences that apply for breaching the Register’s reporting obligations. The Child Protection Register is governed by the Child Protection (Offenders Registration) Act 2000 (“the Act”). 

Objects of the Child Protection Register:

Section 2A of the Act explains the objects of the Act and Child Protection Register are:

• To protect children from serious harm (including physical and psychological harm caused by physical or sexual assault), and
• To ensure the early detection of offences by recidivist child sex offenders, and
• To monitor persons who are registrable persons, and 
• To ensure that registrable persons comply with this Act. 

Who Goes on the Register?

All registrable persons will be placed on the Child Protection Register. A “registrable person” is defined in Section 3A of the Act as:

• A person subject to a registrable person order, 
• A person subject to a child protection registration order, 
• A corresponding registrable person, 
• A person who has been found guilty by a Court of a Class 1 or Class 2 offence, 
• A person who was a registrable person immediately before the commencement of this subsection as substituted by the Child Protection (Offenders Registration) Amendment Act 2024

Class 1 Offences:

• Murder, if the person murdered was a child, 
• An offence under Schedule 1A of the Act. Some offences include:
  • Sexual assault with the other person is less than 18 years of age,
  • Aggravated sexual assault with the other person is less than 18 years of age,
  • Sexual intercourse with the other person is less than 18 years of age,
  • Breaking etc into any house etc with intent to commit serious indictable offence where the person whom the serious indictable offence is intended to be committed is less than 18 years of age and the serious indictable offence is specified in this part. 
• An offence under a law of a foreign jurisdiction that:
  • If committed in NSW would be an offence of this kind, or 
  • Prescribed by the Regulations as a Class 1 offence.
• An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in the section, 
• An offence that, when committed, was a Class 1 offence,
• An offence committed before 8 December 2000 that was an offence of a kind specified in this subsection. 

Class 2 Offences:

• Manslaughter, other than manslaughter as a result of a motor vehicle accident, if the person killed was a child, 
• An offence specified in Schedule 1B of the Act. Some offences include:
  • Intent to cause grievous bodily harm where the person against whom the offence is committed is less than 10 years of age and the person committing the offence was at least 18 year, 
  • Sexual touching where the complainant is less than 18 years of age, 
  • Kidnapping where the person taken is less than 18 years of age, 
  • Filming a person engaged in a private act where one or more persons being filmed are less than 10 years of age.
• An offence under a law of a foreign jurisdiction that:
  • If committed in NSW would be an offence of this kind, or 
  • Prescribed by the Regulations as a Class 2 offence.
• An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind specified in the section, 
• An offence that, when committed, was a Class 2 offence,
• An offence committed before 8 December 2000 that was an offence of a kind specified in this subsection.

Exemptions from Register:

The only exceptions for an offender to avoid being placed on the Register is if the offender:

• Is sentenced to an order pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999,
• Is sentenced to an order pursuant to Section 33(1)(a) of the Children (Criminal Proceedings) Act 1987, or
• Is sentenced to an equivalent order for a Class 1 or Class 2 offence, or 
• Is a child and is convicted of a single offence involving an act of indecency, possession of child pornography or filming for sexual gratitude.

Registrable Person Orders:

Section 3C of the Act provides that when the Court is sentencing a person for a “registrable offence”, the Court must make a registrable person order on the person if:

• For a person who was an adult when the offence was committed – the Court imposes a sentence for the registrable offence, other than a “no conviction order” or
• For a person who was a child when the registrable offence was committed:
  • The sentencing Court imposes a sentence for the registrable offence, other than a “no conviction order”, 
  • The prosecution requests the registrable person order be made, and 
  • The sentencing Court is satisfied the registrable person order is necessary because the person imposes a risk to the lives or safety of one or more children or of children generally. 

Section 2A defines a “registrable offence” as either a Class 1 offence, Class 2 offence or an offence that results in the making of a child protection register order. A “non-conviction order” is defined as being an order pursuant to either Section 10 of the Crimes (Sentencing Procedure) Act 1999 or Section 33(1)(a) of the Children (Criminal Proceedings) Act 1987. 

Child Protection Registration Orders:

Even when the Court has found an offender guilty of an offence that is not a Class 1 or Class 2 offence, the Court may order the offender to comply with the reporting obligations of the Act under Section 3D where:

• The Court is satisfied that the person poses a risk to the lives of or sexual safety of one or more children, or of children generally, and 
• The Court imposes a sentence on the person in relation to the offence (other than a Section 10 of the Crimes (Sentencing Procedure) Act 1999 or Section 33(1)(a) of the Children (Criminal Proceedings) Act 1987), and 
• An application for the imposition of the order is made by the Prosecution. 

Orders Made After Conclusion of Criminal Proceedings:

The Local Court may, upon application by the Commissioner of Police, order a person who has been sentenced in NSW in respect of an offence that is not a Class 1 or Class 2 offence to comply with the reporting obligations of the Act under Section 3E where:

• The Court is satisfied that the person poses a risk to the lives of or sexual safety of one or more children, or of children generally, and 
• The Court imposes a sentence on the person in relation to the offence (other than a Section 10 of the Crimes (Sentencing Procedure) Act 1999 or Section 33(1)(a) of the Children (Criminal Proceedings) Act 1987).

The Commissioner of Police must make an application within 60 days after the offender has been sentenced for the relevant offence. 

How Long Will an Offender Be on the Register?

Section 3I of the Act contains the provisions relating to the period of time that an offender is to be placed on and required to comply with the reporting obligations of the Register.

For adult offenders:

For child offenders: 

Reporting Obligations:

Initial Report 

A registrable person must provide the Commissioner of Police a personal information report about themselves within the time period prescribed under Section 9A of the Act. 

Ongoing Reporting Obligations

A registrable person must report annually and provide the Commissioner of Police with a yearly personal information report during their reporting month. 

If there has been a change in any of the relevant personal information, the registrable person is required to notify the Police:

• For information pertaining to contact with children (Schedule 1C, Clause 9) – within 24 hours after the change occurs, 
• For other information – within 5 days of when the change occurs. 

Relevant Personal Information to Report – Schedule 1C 

The registrable person must provide all the relevant information contained in Schedule 1C of the Act which includes:

1. Personal information, such as:

• Full name, 
• Date of birth, 
• Address of premises the registrable person generally resides, 
• Details of all tattoos or permanent distinguishing marks the person has or has had removed.

1. Work information, such as:

• Nature of the person’s work, 
• Employer details, 
• Addresses of each premises the person works.

1. Clubs and Affiliations – details of the person’s affiliation with clubs that involve both child members and the participation of children in the club’s or organisation’s activities. 
2. Relevant vehicles or other transport – the type, make, model, colour and registration number.
3. Communication Devices and Services, such as:

• Telephone numbers, 
• Email addresses, internet usernames, chat and instant messaging user names, 
• Carriage services, 
• Internet service providers, 
• The type of internet connection – whether broadband, wireless, ADSL or dial-up,
• Web-based services that allow for online communication including accounts, usernames and online gambling handles.

1. Foreign offences and corresponding child protection registration orders, 
2. Time spent in custody, 
3. Travel outside NSW,
4. Contact with Children. 

Other Restrictions – Travel Restrictions 

A registrable person is required to notify the Commissioner of Police of their intended absence from New South Wales when the person:

• Intends to leave NSW for 14 or more days to travel elsewhere in Australia, or 
• Intends to leave NSW to travel out of Australia.

Registrable persons require written permission from Police to travel outside Australia. It is an offence pursuant to Section 271A.1 of the Criminal Code Act 1995 for a registrable person to leave Australia without a competent authority giving permission for the person to leave Australia. This offence carries a maximum penalty of imprisonment for 5 years. 

A registrable person may make an application for travel out of Australia to NSW Police for consideration. It is recommended that the application is filed at least two months prior to the intended travel to allow time for the application to be considered and approved. 

Offences of Failing to Comply with Obligations of Child Protection Register:

Offence of Failing to Comply with Reporting Obligations – Section 17(1) 

If a registrable person fails to comply with any reporting obligations without “reasonable excuse” they are liable to be charged with an offence pursuant to Section 17(1) of the Act which carries a maximum penalty of 500 penalty units and/or imprisonment for 5 years.

In determining whether the registrable person has a “reasonable excuse” for failing to comply with their reporting obligations, the onus of proving that the registrable person had a reasonable excuse lies with the registrable person and such must be proven to the balance of probabilities. 

Section 17(2) of the Act provides that the Court is to have regard to the following circumstances when determining whether a person had a reasonable excuse:

• The person’s age, 
• Whether the person has a disability which affects the person’s ability to understand or comply with the obligations, 
• Whether the person was given adequate information on their requirement to report having regard to that person’s circumstances, 
• Any matter prescribed by the regulations, 
• Any other matter the Court considers appropriate. 

Offence of Furnishing False or Misleading Information – Section 18(1)

If a registrable person, in purported compliance with their reporting obligations or under Section 3M, furnishes information that the person knows to be false or misleading in a material particular they are liable to be charged with an offence pursuant to Section 18 of the Act which carries a maximum penalty of 500 penalty units and/or imprisonment for 5 years. 

Appealing Against Decision to Place Person on Child Protection Register:

There are limited circumstances where a registrable person can appeal against the requirement that they are placed on the Child Protection Register. 

A registrable person that satisfies the following circumstances under Section 16(1)(a) and Section 16(2) can apply to NCAT to seek an order suspending their reporting obligations: 

• The person is required to continue to comply with reporting obligations under the Act for the remainder of their life, and 
• 15 years have passed since the person was last sentenced or released from custody in respect of a registrable offence, and 
• The person did not become subject to a life-long reporting period under a corresponding Act while in a foreign jurisdiction, and 
• The person is not subject to parole or licence in respect of a registrable offence. 

NCAT is not to make an order suspending reporting obligations unless it considers that the person does not pose a risk to the safety of children. In considering whether to suspend reporting obligations NCAT will take the following matters into account:

• The seriousness of the registrable person’s registrable offences and corresponding registrable offences,
• The period of time since those offences were committed,
• The age of the registrable person, the age of the victims of those offences and the difference in age between the registrable person and the victims of those offences, as at the time those offences were committed,
• The registrable person’s present age,
• The registrable person’s total criminal record,
• Any other matter the tribunal considers appropriate.

A registrable person who has had their reporting obligations extended by travelling outside of New South Wales pursuant to Section 16(1)(b) is also eligible to apply to NCAT for the suspension of their reporting obligations. NCAT may make an order suspending the reporting obligations only by the length of time that the reporting obligations were extended by the travel pursuant to Section 15(3) of the Act.