Northern Territory Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION) ACT

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Finding of guilt  
   5.      Other matters  

   PART 2--OFFENDERS TO WHOM ACT APPLIES

   6.      Reportable offenders  
   7.      Territory reportable offenders  
   8.      Corresponding reportable offenders  
   9.      Foreign reportable offenders  
   10.     Deemed reportable offenders  
   11.     Exceptions  
   12.     Reportable offences  
   13.     Offender reporting orders  

   PART 3--REPORTING OBLIGATIONS

           Division 1--Initial report

   14.     When initial report must be made  
   15.     When new initial report must be made by offender whose previous reporting obligations have ceased  
   16.     Initial report by reportable offender of personal details  
   17.     Persons required to report under corresponding Act  

           Division 2--Ongoing reporting obligations

   18.     Reportable offender must report annually  
   19.     Reportable offender must report changes to relevant personal details  
   19A.    Commissioner may require reportable offender to attend  
   19B.    Personal details prescribed by regulation  
   20.     Intended travel to be reported  
   21.     Change of travel plans to be given  
   22.     Reportable offender to report return to Territory or decision not to leave  
   23.     Report of intended frequent travel  
   24.     Information concerning international travel to be given to AFP  

           Division 3--Provisions applying to all reporting obligations

   25.     Where reports to be made  
   26.     How reports to be made  
   27.     Right to privacy and support when reporting  
   28.     Receipt of information to be acknowledged  
   29.     Additional matters to be provided  
   30.     Power to take fingerprints or fingerscan  
   31.     Power to take photographs  
   32.     Reasonable force may be used to obtain fingerprints or photographs  
   33.     Retention of material for certain purposes  
   34.     Reporting by remote offenders  

           Division 4--Suspension and extension of reporting obligations

   35.     Suspension and extension  

           Division 5--Reporting period

   36.     When reporting obligations begin  
   37.     Length of reporting period  
   38.     Reduced period applies for child reportable offenders  
   39.     Extended reporting period if reportable offender still on parole  
   40.     Reporting period for foreign, deemed and corresponding reportable offenders  

           Division 6--Exemption from reporting obligations

   41.     Supreme Court may exempt certain reportable offenders  
   42.     Order for suspension  
   43.     Other parties to application  
   44.     No costs to be awarded  
   45.     Restriction on right of unsuccessful applicant to re-apply for order  
   46.     Cessation of order  
   47.     Application for new order  

           Division 7--Offences

   48.     Failure to comply with reporting obligations  
   49.     Offence of furnishing false or misleading information  
   50.     Time limit for prosecutions waived  
   51.     Bar to prosecution for failing to report leaving Territory  

           Division 8--Notification of reporting obligations

   52.     Notice to be given to reportable offender  
   53.     Court to provide sentencing information to Commissioner  
   54.     Notice to be given when reporting period changes  
   55.     Supervising authority to notify Commissioner of certain events  
   56.     Notices may be given by Commissioner  
   57.     Constructive notice of obligations  
   58.     Failure to comply with procedural requirements does not affect reportable offender's obligations  

           Division 9--Modified reporting procedures for protected witnesses

   59.     Who this Division applies to  
   60.     Report need not be made in person  
   61.     Determination as to whether this Division applies  
   62.     When determination takes effect  
   63.     Modification of ongoing reporting obligations  

   PART 4--CHILD PROTECTION OFFENDER REGISTER

   64.     Requirement to establish and maintain Register  
   65.     Access to Register to be restricted  
   66.     Person with access to Register not to disclose personal information from it  
   67.     Restriction on who may access personal information on protected witnesses  
   68.     Reportable offender's rights in relation to Register  

   PART 5--PROHIBITION ORDERS

           Division 1--Preliminary

   69.     Definitions  
   70.     Evidence  

           Division 2--Orders

   71.     Commissioner may apply for order  
   72.     Court may make child protection prohibition order  
   73.     Conduct that may be the subject of order  
   74.     Term of child protection prohibition orders  
   75.     Consent orders  

           Division 3--Interim orders

   76.     Application for and making of interim order  
   77.     Notification of order made in absence of respondent  

           Division 4--Variation or revocation

   78.     Variation or revocation of orders  

           Division 5--Procedural matters

   79.     How application to be disposed of  
   80.     Explanation of orders  
   81.     Fixing dates for hearings  
   82.     Attendance at hearings  

           Division 6--Offence

   83.     Failure to comply with orders  

           Division 7--Review by Supreme Court

   84.     Application for and determination of review  
   85.     Application for review does not stay order  

           Division 8--Miscellaneous

   86.     Applications not to be heard in public  
   87.     Commissioner to be given information relating to reportable offenders  
   88.     Restriction on publication of identity of reportable offenders and victims  
   89.     Prohibition orders have no effect to extent of inconsistency with certain other orders  
   90.     Recognition of prohibition orders made in other jurisdictions  

   PART 6--REPORTABLE OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

   91.     Child-related employment  
   92.     Reportable offenders excluded from child-related employment  

   PART 7--MISCELLANEOUS

           Division 1--Reporting

   93.     Annual reports  
   94.     Other reports  
   95.     Keeping of records  

           Division 2--Other matters

   96.     Delegation  
   97.     Effect of spent convictions  
   98.     Certificate concerning evidence  
   99.     Regulations  

   PART 8--TRANSITIONAL MATTERS FOR CHILD PROTECTION (OFFENDER REPORTING AND REGISTRATION) LEGISLATION AMENDMENT ACT 2010

   100.    Definitions  
   101.    Changes to personal information  
   102.    Changes to reporting obligations  
   103.    Amendment to Schedules if person is reportable offender  
   104.    Amendment to Schedules if person is not reportable offender  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES