2010
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY OF AUSTRALIA
MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES
CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION) LEGISLATION AMENDMENT BILL 2010
SERIAL NO. 133
EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of the Bill is to amend the Child Protection (Offender Reporting and Registration) Act to make improvements to the administration of the Act. 

The Bill introduces:
(a)	amendments to a reportable offender’s reporting obligations  to their personal details;
(b)	new Class 1 and Class 2 offences;
(c)	new intended and actual travel reporting notifications and reports; and
(d)	other related amendments.

NOTES ON CLAUSES
PART 1	Preliminary matters
Clause 1	Short title
	Describes the short title of the Bill.
Clause 2	Commencement Date
	Provides that the Act comes into operation on a date fixed by the Administrator in the Gazette.
PART 2	Amendment of Child Protection (Offender Reporting and Registration) Act
Clause 3	Act amended
	Provides that Part 2 of the Bill amends the Child Protection (Offender Reporting and Registration) Act.
Clause 4	Section 3 amended
	This clause inserts a range of definitions into the Act. The definitions are of the kind normally dealt with in statute law revision legislation.
Clause 5	Section 16 amended
	This clause makes a number of statute law revision legislation amendments, substitutes section 16(1)(l) and inserts sections 16(1)(m) to (q) inclusive.
	Section 16(1)(l), which relates to a reportable offender’s report about any frequent travel they may take is substituted to include any intra-Territory travel.
	Section 16(1)(m) to (q) inserts new personal details required to be reported by a reportable offender in their initial report. They include:
(a)	a telephone number at the premises where the reportable offender generally resides, or alternatively, at least one telephone number where the person can be contacted or generally found;
(b)	the number of each mobile telephone number used by the reportable offender;
(c)	each email address used by the reportable offender; 
(d)	the name of each internet service provider, including all usernames adopted by the reportable offender; and
(e)	any further personal details prescribed in the Regulations.

Clause 6	Section 19 amended
	This clause reduces the time in which a reportable offender is required to report any changes to their personal details to the Commissioner. The existing 14 day period is reduced to 7 days in section 19(1).
	In addition, the amendment inserts sections 19(1A), (1B), (1C), (1D) and (2A) into the Act. 
	Section 19(1A) clarifies that insignificant changes to a person’s personal appearance need not be reported. 
	Section 19(1B) provides a range of examples of changes to a person’s personal appearance which amount to a significant change requiring reporting.
	Section 19(1C) requires a reportable offender to produce to the Commissioner a copy of any new birth certificate or other document which may be issued in relation to a change in the person’s name. Section 27 of the Births, Deaths and Marriages Act permits the Registrar issuing a new birth certificate if the change of name is entered into the register.
	Section 19(1D) obliges a reportable offender to report any additional personal details, such as those under clause 5 above, to the Commissioner within 7 days of the requirement arising.
	Section 19(2A) clarifies that a reportable offender is not taken to be released from their obligation to report any intended travel (whether in the Territory or elsewhere) under section 20 of the Act merely because the travel results, or will result, in a change of residence.
Clause 7	Sections 19A and 19B inserted
Proposed section 19A permits the Commissioner issuing a notice to a reportable offender requiring the person to attend before him at a time and place specified in the notice in certain circumstances. Firstly, for the reportable offender to report any changes to their personal details where the Commissioner suspects those personal details have changed. Secondly, for the reportable offender to clarify or expand on information the Commissioner has received by the reportable offender or some other person about the reportable offender’s personal details. 
Any answers given by the reportable offender cannot be used in evidence in a prosecution for an offence against the reportable offender, other than the offence of giving false or misleading information under section 49.
It is an offence to fail to attend or comply with the terms of a notice or answer questions. The penalty for the offence is 100 penalty units or imprisonment for 2 years.
Proposed section 19B provides that if the regulations prescribe other personal details which are to be reported, the reportable offender must notify the Commissioner of those details when next required to report under sections 18, 19 or 19A.
Clause 8	Section 20 amended
	This clause generally amends section 20 by including the requirement to report any intended intra-Territory travel. 
	Subsection 20(1) is replaced with a new provision which includes travel within the Territory. 
	Proposed subsection 20(1A) is inserted to require a reportable offender report any intended travel in the Territory to the Commissioner by no later than 7 days before starting the travel.  The details to be reported include each address or location the reportable offender intends staying and the dates or duration of each intended stay.
	The opening words to subsection 20(2) are amended for greater clarity.
	Subsection 20(3) is substituted to incorporate intended travel taken within the Territory. 	
	The Regulations may specify travel within the Territory which does not need to be reported. See clause 20 below.
Clause 9	Section 21 amended
	This clause amends the heading by omitting “while out of the Territory” so that the heading will reflect the section that applies to all travel regardless where it is intended to be taken.
	The clause also substitutes sub-sections (1) and (2) to require a reportable offender to report any changed details of their travel plans to the Commissioner as soon as possible after the change occurs regardless where the travel is taken.
Clause 10	Section 22 amended
	This clause inserts sub-section 22(2A), which requires a reportable offender who left Australia to provide a copy of their passport and loose-leaf visas in their report to the Commissioner for copying within 14 days of their return to Australia. The report is to be made in person.
Clause 11	Section 23 amended
	This clause amends the section’s heading by replacing “other absences from the Territory” with “intended frequent travel”. The amendment is necessary because a report applies to all travel regardless where it is taken.
	Section 23(1) is redrafted to include the requirement to make a report about any Territory travel.
	Section 23(1A) is inserted and clarifies the report must contain details of the reasons for the travel including the frequency and destinations of the travel.
Clause 12	Section 26 amended
	This clause amends or inserts sections 26(2)(d) and (e), 26(3) and inserts a new section 26(2A) into the Act.
	Sections 26(2)(d) and (e) are amended by including any significant change in the reportable offender’s personal appearance or any change in the reportable offender’s name needs to be reported to the Commissioner in person. 
	Section 26(2A) makes it clear that section 26(2) does not in any way limit the operation of the Act or the Regulations in relation to other reports that must be made in person.
	Section 26(3) is amended by replacing “member of the Police Force” with “a police officer”.
Clause 13	Section 57 replaced
	Section 57 of the Act deems a reportable offender to have received constructive notice of any obligations and consequences that flow from the service of a notice on the person if certain circumstances exist. 
	Section 57 is redrafted to include a notice to appear issued under proposed section 19A (see clause 7 above).
Clause 14	Part 8 inserted
	This clause inserts proposed sections 100 to 105 inclusive which are transitional sections.
	In relation to proposed section 100, this provision inserts a definition of “amending Act” to mean this Bill. It also defines “commencement” to mean the commencement of the section in which that term is used.
	In relation to proposed section 101, this section provides that any changes to a reportable offender’s personal details comes into operation at the reportable offender’s next reporting period. But if the reportable offender’s details are incorrect on the commencement of the amending Act, the reportable offender must comply with sections 18, 19 or 19A of the Act. 
	In relation to proposed section 102, the amendments to the reporting obligations come into operation as follows. 
·	For intended travel under section 20 to be taken within 7 days of the commencement of the amending Act, within 7 days of the commencement date.
·	For a report on a change in travel plans under section 21, as from the commencement date even if the travel was started before the commencement date.
·	For a report following a reportable offender’s return to the Territory under section 22, the amendments apply to all reportable offenders from the commencement date.
	In relation to proposed section 103, an increase to a reportable offender’s reporting period arising from a change to their reporting period under section 37 of the Act, will apply to all reportable offenders who commit and are found guilty of another reportable offence after the commencement date.
	In relation to proposed section 104, a person will only become a reportable offender for the purposes of the Act if the person is sentenced for a Class 1 or Class 2 reportable offence after the commencement date.
Clause 15	Schedule 1 amended
	Inserts section 125E of the Criminal Code Act (using child for production of child abuse material or pornographic or abusive performance) as a Class 1 offence into Schedule 1. The amendment also replaces “Commonwealth” with “(Cth)” in Items 12 and 13.
Clause 16	Schedule 2 amended
	Inserts a range of Commonwealth Criminal Code Act offences as Class 2 offences into Schedule 2. The amendment also replaces “Commonwealth” with “(Cth)” in Items 13, 14 and 15.
PART 3	Amendment of Child Protection (Offender Reporting and Registration) Regulations
Clause 17	Regulations amended
	This clause provides that Part 3 of the Bill amends the Child Protection (Offender Reporting and Registration) Regulations.
Clause 18	Regulation 5 amended
	This clause prescribes the Child Sex Offenders Registration Act 2006 (SA) as a Corresponding Act for the purposes of the Act.
Clause 19	Regulation 6 amended
	This clause replaces the existing telephone number of “131 444 during business hours” with “(08) 8922 1560 at any time”.
Clause 20	Regulation 6A inserted
	This clause prescribes that for section 20(1A) of the Act, travel within the Territory need not be reported if:
(a)	the reportable offender travels less than 200 kilometers from the reportable offender’s place of residence; or 
(b)	the reportable offender is absent from their place of residence for less than 14 consecutive days. 
Clause 21	Regulation 7 amended
	This clause removes the words “while out of Territory” from the title as the regulation now applies to all travel.
	The clause also replaces the telephone existing telephone number “131 444 during business hours” to read “(08) 8922 1560 at any time” in regulation 7(a).
Clause 22	Regulation 12 amended
This clause replaces the existing heading of the regulation to read: “Circumstances in which Commissioner may disclose information from Register” and inserts regulation 12(3). 
Regulation 12(3) permits the Commissioner disclosing information from the Register to a Chief Executive Officer of an agency if the Chief Executive Officer has responsibilities in relation to a reportable offender or children and the Commissioner considers the disclosure is appropriate in all the circumstances of the case.
PART 4	Further amendments
Clause 23	Act and Regulations further amended
	The Schedule to the Act makes a number of proposed amendments that are of the kind normally dealt with in statute law revision legislation.