Australian Capital Territory Numbered Acts

CRIMES (CHILD SEX OFFENDERS) AMENDMENT ACT 2015 (NO. 35 OF 2015) - SECT 9

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Division 2.2.3     Orders for certain previous offenders

18A     Meaning of previous offender —div 2.2.3

For this division, a person is a previous offender if the person has been found guilty of a class 1 offence before the commencement of this Act.

18B     Application for child sex offender registration order in relation to previous offender

    (1)     The chief police officer may apply to the Magistrates Court for a child sex offender registration order in relation to a person if the chief police officer believes on reasonable grounds that—

        (a)     the person is a previous offender; and

        (b)     the person poses a risk to the lives or sexual safety of 1 or more people or of the community.

    (2)     For subsection (1) (b), it is not necessary for the court to be satisfied of a risk to a particular person or class of people.

    (3)     The application must include—

        (a)     any information or material relevant to the application (regardless of whether the information or material supports the application); and

        (b)     details of whether an application under this section has previously been made in relation to the person.

18C     Court may make child sex offender registration order in relation to previous offender

    (1)     The Magistrates Court may, on application under section 18B, make a child sex offender registration order in relation to a person if, by evidence on oath and after taking into account anything it considers appropriate, the court is satisfied that—

        (a)     the person is a previous offender; and

        (b)     the person poses a risk to the lives or sexual safety of 1 or more people or of the community; and

        (c)     making the order will reduce the risk; and

        (d)     having regard to the matters in section 18D, the order is appropriate.

    (2)     The application for the order may be heard, and the order made, in the person's absence if the court is satisfied that the application was served—

        (a)     personally on the person; and

        (b)     on anyone else as directed by the court.

18D     Matters court must consider before making registration order in relation to previous offender

    (1)     For section 18C (1) (d), the matters are as follows:

        (a)     for each offence for which the person is a previous offender—

              (i)     the seriousness of the offence; and

              (ii)     the period since the offence was committed; and

              (iii)     the person's and victim's ages, and the difference in age between them, when the person committed the offence;

        (b)     the person's age;

        (c)     the seriousness of the person's criminal history;

        (d)     whether the level of risk that the person may commit another registrable offence outweighs the effect of the order on the person;

        (e)     the person's circumstances, to the extent that they relate to the order sought.

Examples

1     the person's accommodation, employment, health, cultural and social needs

2     the need to integrate the person into the community

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     The court may have regard to anything else the court considers relevant.

    (3)     In this section:

"criminal history", about a person, means a finding of guilt against the person for a class 1 or class 2 offence.

18E     Keeping documents connected with order

        If the Magistrates Court makes a child sex offender registration order in relation to a previous offender, the chief police officer must, for the duration of the order, keep a copy of—

        (a)     the application made under section 18B; and

        (b)     any document relied upon for the application.