The Sex Offenders Register in the Australian Capital Territory

Is the ACT sex offenders register public - can people look me up?

No. The ACT child sex offenders register is a confidential police database. Section 118 of the Crimes (Child Sex Offenders) Act 2005 requires that only authorised people access it, and section 120 makes it a criminal offence (up to 200 penalty units or 2 years imprisonment) for an unauthorised person to access it. There is no public website and no community notification scheme in the ACT.

Which law and which police run the register in the ACT?

The Crimes (Child Sex Offenders) Act 2005 (ACT) governs the scheme. It is administered by ACT Policing - the Australian Federal Police delivering policing services to the Territory - rather than a separate state police force. The ACT register feeds the national ANCOR / National Child Offender System operated by the Australian Criminal Intelligence Commission, so authorised police across Australia can share information.

How long will I have to report for?

It depends on your offences. A single class 2 offence is 8 years (s85), a single class 1 offence is 15 years (s84), two class 2 offences is 15 years (s86), and a class 1 combination or more than two registrable offences means reporting for life (s87). Young offenders get reduced periods of 7.5 years, or 4 years for a single class 2 offence (s89).

What do I actually have to report to police?

A wide range of personal details under section 59 - your names and aliases, address, date of birth, employment, the vehicles you use, tattoos, telephone numbers and internet identifiers, and any contact with children, among other things. You make an initial report (generally within 7 days of sentence or release), report in person at least once a year (s37), report changes, and report travel before leaving the ACT (ss42, 45).

What happens if I forget to report or report late?

Failing to comply with a reporting obligation is a serious offence in its own right under section 58A, carrying a maximum of 500 penalty units (about $80,000 at the current $160 per unit), 5 years imprisonment, or both. There is a defence if you have a reasonable excuse, but you carry an evidential burden to raise it, and the court looks at factors like your age and any disability. If you have missed a report, get legal advice quickly - call 1800 951 176.

Does the court 'sentence' me to the register?

Not usually. For class 1 and class 2 offences you become a registrable offender automatically when an ACT court sentences you for that offence (s8) - the judge does not have a discretion to leave you off. The only discretionary path is a child sex offender registration order (ss14-18), which a court can make for certain other offences if satisfied you pose a risk to the sexual safety of children.

Can I ever be taken off the ACT register?

There are limited pathways. The chief police officer can apply to the ACT Magistrates Court for an order removing you from the register if it would be inappropriate for you to remain (s122A). Separately, a person with life-long obligations can apply to the ACT Supreme Court for a suspension order under section 97, but an unsuccessful applicant generally cannot reapply for 5 years (s100), and a suspension ends if you reoffend (s101). None of this is automatic.

What is a prohibition order and how is it different from reporting?

Reporting obligations are about keeping police informed. A prohibition order, made by a court under Part 5A.2 of the Act, actively restricts what you may do - for instance, contact with children, internet use, or going to certain places. Contravening a prohibition order is an offence under section 132ZI with a maximum of 500 penalty units, 5 years imprisonment, or both. A court can also make an interim prohibition order.

I committed the offence interstate or overseas - do ACT obligations apply?

They can. The Act deals with corresponding offenders and corresponding orders, so a person who is reporting in another state or who has a corresponding registration obligation can be required to report once they are in the ACT. The interaction between jurisdictions is complex, so this is an area where ACT-specific advice is important - call 1800 951 176 to talk it through.

Will being on the register stop me working with or living near children?

The register itself does not automatically ban you, but it has knock-on effects. Reportable details include contact with children and your employment, a prohibition order can directly restrict contact or movement, and separate working-with-children checks in the ACT will be affected by a child sex offence history. If your job, study, or living arrangements involve children, get advice before you rely on any assumption.