Child Protection (Child Sex Offender Government Agency Registration) Act 2016

Coat of Arms of New Zealand

Child Protection (Child Sex Offender Government Agency Registration) Act 2016

Public Act
 
2016 No 42
Date of assent
 
14 September 2016
Commencement
 
see section 2

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
7Who is a registrable offender?
8Who is a corresponding registrable offender?
9Court may make registration order
10Child Sex Offender Register established
11Administration of register
12Explanation and notices to be given when registrable offender sentenced
13Notices to be given when registrable offender ceases to be in custody
14Notices may be given by Commissioner
15Notices to be given to corresponding registrable offenders who enter New Zealand
16Relevant personal information to be reported
17When initial report must be made
18Requirement to make periodic reports
19When periodic reports must be made
20Requirement to report changes to relevant personal information
21Travel plans to be reported
22Change of travel plans while away from home or out of New Zealand to be given
23Requirement to report return to New Zealand or decision not to leave
24Where report is to be made
25How report is to be made
26Right to privacy and support when reporting
27Receipt of information to be acknowledged
28Additional matters to be provided
29Power to take fingerprints or fingerscan
30Power to take photographs
31Constable or authorised person must inform offender before exercising power
32Identifying particulars and other information may be stored by Police
33Modified reporting procedures for protected witnesses
34When reporting obligations begin
35Length of reporting period and period on register
36Suspension of reporting obligations
37Revocation of suspension by Commissioner
38District Court may suspend lifetime reporting obligations on application
39Offence of failing to comply with reporting obligations
40Offence of providing false or misleading information
41Access to register to be restricted
42Restriction on who may access information on protected witness
43Information sharing between government agencies in interest of public safety
44Disclosure of information to corresponding Registrar or to corresponding overseas agency
45Disclosure of information to affected person where threat to child safety or welfare
46Disclosure where identity suppressed
47Confidentiality
48Registrable offender’s rights in relation to register
49Review where error in placement on register or reporting period
50Appeal
51Exclusion of liability
52Application of subpart
53Application for change of name by registrable offender
54Approval by Commissioner
55Regulations
56Corrections Act 2004 amended
57Section 182A amended (Information sharing about child sex offenders)
58Section 182B amended (Definition of child sex offender)
59Criminal Procedure Act 2011 amended
60Section 209 amended (Publication by or at request of Police, etc)
61New section 348A inserted (How appeal affects registration orders)
348AHow appeal affects registration orders
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.

2 Commencement

This Act comes into force 30 days after the date on which this Act receives the Royal assent.

Part 1 Preliminary matters

3 Purpose

The purpose of this Act is to establish a Child Sex Offender Register that will reduce sexual reoffending against child victims, and the risk posed by serious child sex offenders, by—

(a)

providing government agencies with the information needed to monitor child sex offenders in the community, including after the completion of the sentence; and

(b)

providing up-to-date information that assists the Police to more rapidly resolve cases of child sexual offending.

4 Interpretation

In this Act, unless the context otherwise requires,—

affected person has the meaning given in section 45(3)

authorised person means a person appointed by the Commissioner under section 11(3)

child means a person under the age of 16 years

class 1 offence, class 2 offence, and class 3 offence have the meanings given in Schedule 2

Commissioner means the Commissioner of Police

constable has the meaning given in section 4 of the Policing Act 2008

corresponding Act means a law of a foreign jurisdiction—

(a)

that provides for people who have been sentenced by a court for specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and

(b)

that regulations state is a corresponding Act for the purposes of this Act

corresponding offence means an offence under the law of a foreign jurisdiction that relates to the same or substantially similar conduct as a qualifying offence

corresponding overseas agency has the meaning given in section 95A of the Policing Act 2008

corresponding registrable offender has the meaning given in section 8

corresponding Registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner under this Act

custody, in relation to a registrable offender, means—

(a)

the lawful custody of the Police or of the Department of Corrections:

(b)

subject to detention in a hospital under section 45 or 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003

equivalent repealed offence means an offence described in clause 4 of Schedule 2

initial report means a report made, or required to be made, by a registrable offender under section 17

Minister means the Minister of Police

Police means the New Zealand Police

qualifying offence means a class 1 offence, a class 2 offence, a class 3 offence, or an equivalent repealed offence

register means the Child Sex Offender Register established under section 10(1)

registered residential address, in relation to a registrable offender, means an address of premises at which the offender generally resides and that the offender has reported under a provision of subpart 2 of Part 2

registrable offender has the meaning given in section 7

registration order means an order imposed by a court under section 9

relevant personal information means the information specified in section 16(1)

reporting obligations, in relation to a registrable offender, means the obligations imposed on the person by subpart 2 of Part 2

reporting period means the period, as determined under sections 34 to 38, during which a registrable offender must comply with the offender’s reporting obligations

specified agency has the meaning given in section 43(2)

telecommunications service has the meaning given in section 5 of the Telecommunications Act 2001.

5 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

6 Act binds the Crown

This Act binds the Crown.

Offenders to whom Act applies

7 Who is a registrable offender?

(1)

A registrable offender is a person whom a court has, in respect of a conviction for a qualifying offence,—

(a)

sentenced to imprisonment; or

(b)

sentenced to a non-custodial sentence and made subject to a registration order.

(2)

A person who is a corresponding registrable offender and who resides in New Zealand or enters New Zealand with the intention to reside in New Zealand is also a registrable offender.

(3)

However, a person is not a registrable offender if, at the time the person committed the qualifying offence, the person had not attained the age of 18 years.

(4)

A person ceases to be a registrable offender if—

(a)

the conviction in respect of each qualifying offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or

(b)

the sentence in respect of that offence is reduced or altered so that he or she would not have fallen within the definition of registrable offender in subsection (1) had the amended sentence been the original sentence; or

(c)

the registration order in respect of that offence is set aside by a court.

(5)

For the purposes of this section, it is irrelevant whether a person may lodge, or has lodged, an appeal in respect of a conviction or in respect of a sentence or order.

Compare: Child Protection (Offenders Registration) Act 2000 ss 3A(1), (4), 3B (NSW); Sex Offenders Registration Act 2004 s 6(1), (2), (6), (7) (Vic)

8 Who is a corresponding registrable offender?

A corresponding registrable offender is a person who has been convicted of a corresponding offence in a foreign jurisdiction and,—

(a)

in respect of that offence, has been sentenced to imprisonment; or

(b)

as a consequence, has been required to report in that jurisdiction information about himself or herself to a person or body exercising functions substantially similar to those of the Commissioner under this Act, and to keep that information current for a particular period (and would, if the person were currently in that jurisdiction, still be required to report that information).

Compare: Child Protection (Offenders Registration) Act 2000 s 19BB(1), (4) (NSW)

Registration orders

9 Court may make registration order

(1)

If a court convicts a person of a qualifying offence and imposes a non-custodial sentence in respect of that offence, the court may order that the person must be placed on the register and must comply with the reporting obligations of this Act.

(2)

A court may make an order under this section (a registration order) only if the court is satisfied that the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally.

(3)

For the purpose of assessing the risk posed by the person, the court must consider the following matters:

(a)

the seriousness of the qualifying offence:

(b)

the period of time that has elapsed since the offence was committed:

(c)

the age of the person:

(d)

the age of the person at the time of the offence:

(e)

the age of any victim of the offence at the time of the offence:

(f)

the difference in age between the victim and the person at the time of the offence:

(g)

any written assessment of the risk posed by the person:

(h)

any submission or evidence from any victim of the offence:

(i)

any other submission or evidence relating to the risk posed by the person:

(j)

any other matter that the court considers relevant.

(4)

A registration order is made at the time of sentencing and is a sentence for the purposes of Part 6 of the Criminal Procedure Act 2011 (appeals).

(5)

However, for the purposes of section 31 of the Sentencing Act 2002 (general requirement to give reasons), a registration order is an other means of dealing with the offender.

(6)

The provisions of subparts 4 and 12 of Part 6 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, apply to an appeal in respect of a registration order.

Compare: Child Protection (Offenders Registration) Act 2000 s 3D(1), (2) (NSW)

Part 2 Child Sex Offender Register

Subpart 1—Establishment and administration of register

10 Child Sex Offender Register established

(1)

The Commissioner must establish a register of registrable offenders called the Child Sex Offender Register.

(2)

The register must contain the following information in relation to each registrable offender (to the extent that it is known by the Commissioner):

(a)

the registrable offender’s name and other identifying particulars:

(b)

details of each qualifying offence or corresponding offence of which the registrable offender has been convicted or with which he or she has been charged:

(c)

the date on which the registrable offender was sentenced for any qualifying offence:

(d)

for each qualifying offence of which the registrable offender has been convicted, the sentencing notes of the sentencing Judge:

(e)

the date on which the registrable offender ceased to be in custody in respect of a qualifying offence, or entered or ceased to be in custody in respect of any offence during his or her reporting period:

(f)

any information reported in respect of the registrable offender under subpart 2 of this Part:

(g)

any information provided to the Commissioner in respect of the registrable offender under this Part.

Compare: Child Protection (Offenders Registration) Act 2000 s 19 (NSW); Child Sex Offenders Registration Act 2006 s 60 (SA)

11 Administration of register

(1)

The Commissioner is responsible for the administration of the register.

(2)

Before making significant operational decisions about the way in which the register is administered, the Commissioner must consult with the chief executive of the Department of Corrections.

(3)

For the purpose of administering the register, the Commissioner may appoint any of the following to be authorised persons:

(a)

1 or more Police employees (within the meaning of section 4 of the Policing Act 2008):

(b)

1 or more employees of the Department of Corrections nominated by the chief executive of the Department.

Subpart 2—Reporting obligations

Notification of reporting obligations

12 Explanation and notices to be given when registrable offender sentenced

(1)

This section applies—

(a)

when a court imposes a sentence of imprisonment for a qualifying offence; and

(b)

when a court makes a registration order.

(2)

The sentencing Judge must, at the time of sentencing, explain to the registrable offender that the offender is a registrable offender under this Act.

(3)

Failure to give the explanation required by subsection (2) does not affect the validity of the sentence or order or affect the offender’s reporting obligations.

(4)

As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice to the offender of—

(a)

the offender’s reporting obligations; and

(b)

the penalties for failing to comply with those obligations.

(5)

As soon as practicable after a registrable offender is sentenced, a Registrar of the sentencing court must give written notice of that fact to—

(a)

the Commissioner; and

(b)

the chief executive of the Department of Corrections.

Compare: Child Protection (Offenders Registration) Act 2000 s 4(1), (2) (NSW)

13 Notices to be given when registrable offender ceases to be in custody

As soon as practicable before or after a registrable offender who has been in custody for 14 or more consecutive days ceases to be in custody, whether in respect of a qualifying offence or otherwise, the chief executive of the Department of Corrections must give written notice to the offender of—

(a)

the offender’s reporting obligations; and

(b)

the penalties for failing to comply with those obligations.

Compare: Child Protection (Offenders Registration) Act 2000 s 6(2) (NSW)

14 Notices may be given by Commissioner

The Commissioner may, if he or she suspects that a registrable offender may not have received notice, or may otherwise be unaware, of the offender’s reporting obligations, cause written notice to be given to the offender of—

(a)

the offender’s reporting obligations; and

(b)

the penalties for failing to comply with those obligations.

Compare: Child Protection (Offenders Registration) Act 2000 s 7(1) (NSW)

15 Notices to be given to corresponding registrable offenders who enter New Zealand

(1)

This section applies to a corresponding registrable offender who enters New Zealand, if the offender has not previously been given notice of the offender’s reporting obligations in New Zealand.

(2)

The Commissioner must, as soon as practicable after becoming aware that the offender has entered New Zealand, cause written notice to be given to the offender in accordance with the requirements of section 14.

Compare: Child Protection (Offenders Registration) Act 2000 s 7A (NSW)

Initial report

16 Relevant personal information to be reported

(1)

For the purposes of this Act, the relevant personal information to be reported by a registrable offender consists of the following information:

(a)

his or her name, together with any other name by which he or she is, or has previously been, known:

(b)

in respect of each name other than his or her current name, the period during which he or she was known by that other name:

(c)

his or her date of birth:

(d)

the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found:

(e)

the name, sex, and date of birth of each child who generally resides in the same household as that in which the offender generally resides:

(f)

in respect of each child who generally resides in the same household as that in which the offender generally resides, the name of the principal caregiver:

(g)

his or her postal address for service of notices and documents under this Act:

(h)

if he or she is working,—

(i)

the nature of the work; and

(ii)

the name of his or her employer (if any); and

(iii)

the address of each of the premises at which the offender generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works:

(i)

details of his or her affiliation with any club or organisation that has a child membership or child participation in its activities, including any online club or organisation:

(j)

the make, model, colour, and registration number of any motor vehicle owned by, or generally driven by, the offender:

(k)

details of any tattoos, scars, or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed):

(l)

if, at the time of making an initial report, he or she has 1 or more valid passports, the passport number, place of issue, and date of expiry of each passport:

(m)

details of any telecommunications service used, or intended to be used, by the offender, including—

(i)

the name of any landline or mobile telephone service provider used, or intended to be used, by the offender; and

(ii)

any phone numbers used, or intended to be used, by the offender:

(n)

the name of any Internet service provider, and the details of any routing or modem device, used, or intended to be used, by the offender:

(o)

details of any username for any online social networks, online gaming accounts, or online storage accounts used, or intended to be used, by the offender:

(p)

details of any website domain owned or website administered, or intended to be owned or administered, by the offender:

(q)

details of any email addresses used, or intended to be used, by the offender.

(2)

For the purposes of this section,—

(a)

a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 2 days (whether consecutive or not) in any period of 12 months; and

(b)

a child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 2 days (whether consecutive or not) in any period of 12 months; and

(c)

a registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and

(d)

a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months.

Compare: Child Protection (Offenders Registration) Act 2000 s 9(1) (NSW); Child Sex Offenders Registration Act 2006 s 13(1), (2) (SA)

17 When initial report must be made

A registrable offender must make an initial report to the Commissioner of all relevant personal information within 72 hours of—

(a)

being released from custody in relation to a qualifying offence; or

(b)

being made subject to a registration order; or

(c)

in the case of a corresponding registrable offender,—

(i)

entering New Zealand from a foreign jurisdiction to reside in New Zealand (if a New Zealand or Australian citizen or holder of a resident’s visa); or

(ii)

demonstrating an intention to reside in New Zealand by applying for a resident’s visa after entering New Zealand from a foreign jurisdiction.

Ongoing reporting obligations

18 Requirement to make periodic reports

(1)

A registrable offender must periodically make reports (each a periodic report) of the offender’s relevant personal information to the Commissioner until the offender’s reporting period ends.

(2)

However, a registrable offender whose reporting obligations are suspended is not required to make periodic reports while the suspension is in force.

(3)

A periodic report includes a report that simply confirms that the registrable offender’s relevant personal information stated in the last report previously made by the offender—

(a)

is correct; and

(b)

has not changed since the offender made the last report.

(4)

If the registrable offender has been in custody since he or she last reported his or her relevant personal information under this section, the details he or she must report include details of when and where that custody occurred.

Compare: Child Protection (Offender Reporting) Act 2004 s 18 (Qld); Child Sex Offenders Registration Act 2006 s 15(3) (SA)

19 When periodic reports must be made

(1)

A registrable offender must make a periodic report in each year during the reporting period, starting in the first year after the offender makes his or her initial report.

(2)

The registrable offender must make the report—

(a)

on the date specified by the Commissioner by notice in writing to the registrable offender, being a date that is—

(i)

at least 1 month after the date on which the notice was given; and

(ii)

at least 12 months after the date of the last periodic report by the offender under this Act (if any); or

(b)

if no such date is specified by the Commissioner, by the end of the calendar month in which the anniversary of the date of the last periodic report by the offender under this Act or a corresponding law falls.

Compare: Child Protection (Offender Reporting) Act 2004 s 19(1), (2) (Qld); Child Sex Offenders Registration Act 2006 s 15(1), (2) (SA)

20 Requirement to report changes to relevant personal information

(1)

A registrable offender must report to the Commissioner—

(a)

any change in the details reported under section 16(1)(d) (premises at which the offender generally resides or localities at which the offender can generally be found) at least 48 hours before the change occurs; and

(b)

any other change in his or her relevant personal information within 72 hours after that change occurs.

(2)

For the purposes of subsection (1),—

(a)

a change occurs in the premises or household where the registrable offender or a child generally resides only on expiry of the relevant 2-day period referred to in section 16(2)(a) or (b), as the case may be; and

(b)

a change occurs in the premises where the registrable offender generally works, or the motor vehicle that he or she generally drives, only on expiry of the relevant 14-day period referred to in section 16(2)(c) or (d), as the case may be.

(3)

However, a registrable offender who has reported a change of residential address in the course of reporting travel plans under section 21(2) is not required to report that same information for the purpose of subsection (1).

(4)

If the relevant personal information of a registrable offender (other than one to whom section 33 applies) changes while he or she is not in New Zealand, he or she must report the change to the Commissioner within 72 hours after entering and remaining within New Zealand for 7 or more consecutive days, not counting any days spent in custody.

(5)

A registrable offender who is in custody for 7 or more consecutive days must report his or her relevant personal information to the Commissioner on whichever of the following first occurs:

(a)

within 72 hours after the registrable offender ceases to be in custody; or

(b)

before the registrable offender leaves New Zealand.

Compare: Child Sex Offenders Registration Act 2006 s 16(1)–(4) (SA)

21 Travel plans to be reported

(1)

Subsection (2) applies if a registrable offender intends to travel away from his or her registered residential address, within New Zealand, for more than 48 hours.

(2)

At least 48 hours before travelling, the registrable offender must report the intended travel to the Commissioner and must provide the following details:

(a)

each address at which the offender intends to stay:

(b)

the dates on which the offender intends to stay at each of those addresses:

(c)

whether any child will or is likely to reside together with the offender at any of those addresses:

(d)

if the offender intends to return to his or her registered residential address, the date on which he or she intends to return.

(3)

Subsection (4) applies if a registrable offender intends to travel out of New Zealand for more than 48 hours.

(4)

At least 48 hours before travelling, the registrable offender must report the intended travel to the Commissioner and must provide the following details:

(a)

the date on which the offender intends to travel out of New Zealand:

(b)

if the offender intends to return to New Zealand, the date on which the offender intends to return:

(c)

if the offender does not intend to return to New Zealand, a statement of that intention.

(5)

If exceptional circumstances arise making it impracticable for a registrable offender to whom subsection (2) or (4) applies to make the report 48 hours before he or she travels, it is sufficient compliance with subsection (2) or (4) if the offender reports the required information to the Commissioner—

(a)

as soon as practicable in the circumstances; and

(b)

before travelling.

(6)

For the purposes of subsection (1), in relation to a registrable offender, travel away from his or her registered residential address includes travel between registered residential addresses.

Compare: Child Sex Offenders Registration Act 2006 s 17 (SA)

22 Change of travel plans while away from home or out of New Zealand to be given

(1)

This section applies if a registrable offender who has travelled away from his or her registered residential address decides to change any details given to the Commissioner under section 21(2) or (4).

(2)

As soon as practicable after making the decision, the registrable offender must report the changed details to the Commissioner.

(3)

The registrable offender must make the report—

(a)

by writing sent by post or transmitted electronically to the Commissioner or to any other address permitted by the regulations; or

(b)

in any other manner permitted by the regulations.

Compare: Child Sex Offenders Registration Act 2006 s 18 (SA)

23 Requirement to report return to New Zealand or decision not to leave

(1)

This section applies if a registrable offender is required under section 21 to report that he or she intends to leave New Zealand.

(2)

If the registrable offender leaves New Zealand, he or she must, within 72 hours after entering and remaining in New Zealand for 7 consecutive days (not counting any days spent in custody),—

(a)

report his or her return to the Commissioner; and

(b)

present his or her passport for inspection and copying.

(3)

If the registrable offender decides not to leave New Zealand, he or she must report his or her change of intention within 72 hours after deciding not to leave.

Compare: Child Sex Offenders Registration Act 2006 s 19 (SA)

Provisions applying to all reporting obligations

24 Where report is to be made

(1)

A report by a registrable offender under this subpart must be made,—

(a)

if the Commissioner gives the offender a direction that the report is to be made at a specified Police station, at that Police station; or

(b)

if the relevant personal information last reported by the offender indicates an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises, at those premises; or

(c)

if no direction is given under paragraph (a) or (b), at a place approved (either generally or in a particular case) by the Commissioner.

(2)

A direction by the Commissioner under subsection (1)(a) or (b)—

(a)

must be given in writing in accordance with any requirements prescribed by the regulations; and

(b)

may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner.

(3)

This section does not apply if, under section 25(2), a report is permitted to be made in a way that is inconsistent with this section.

Compare: Child Sex Offenders Registration Act 2006 s 21 (SA)

25 How report is to be made

(1)

A registrable offender must attend in person to make the following reports under this subpart:

(a)

a report required by section 17 (initial report):

(b)

a report required by section 18 (periodic report):

(c)

a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found:

(d)

a report of the acquisition of, removal of, or change to any tattoo or permanent distinguishing mark:

(e)

a report required by section 21(4):

(f)

a report required by section 23(2).

(2)

However, a registrable offender may, with the approval of the Commissioner, make any other report required under this subpart in a manner permitted by the Commissioner or by the regulations, either generally or in a particular case (including by email or other form of electronic transmission).

(3)

If a report under this subpart—

(a)

is a report referred to in subsection (1)(a), (b), (e), or (f), only a constable may receive it:

(b)

is a report referred to in subsection (1)(c) or (d) and is made in person, only a constable or an authorised person may receive it:

(c)

is not made in person but is made in accordance with subsection (2), only a constable or an authorised person may receive it.

(4)

If a registrable offender has a disability that makes it impossible or impracticable for him or her to make a report in the manner required, the registrable offender will be taken to make the report if a parent, guardian, carer, or other adult person nominated by the offender and approved by the Commissioner makes the report (so far as is reasonably possible) on the offender’s behalf.

(5)

A report made on the offender’s behalf under subsection (4) must be made—

(a)

by both the registrable offender and the person reporting on his or her behalf attending in person; or

(b)

in another manner permitted by the Commissioner or by the regulations, either generally or in a particular case (including by email or other form of electronic transmission).

Compare: Child Sex Offenders Registration Act 2006 s 22 (SA)

26 Right to privacy and support when reporting

(1)

A person making a report under this subpart by attending in person at a police station or other place approved by the Commissioner—

(a)

is entitled to make the report out of the hearing of members of the public; and

(b)

is entitled to be accompanied by a support person of his or her own choosing.

(2)

A constable or an authorised person receiving the report—

(a)

may arrange for an interpreter to be present when a person is making a report under this subpart; and

(b)

must not allow an interpreter to be present when a person is making a report under this subpart unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any enactment to do so.

Compare: Child Sex Offenders Registration Act 2006 s 23 (SA)

27 Receipt of information to be acknowledged

(1)

As soon as practicable after receiving a report under this subpart, the constable or authorised person receiving the report must acknowledge the making of the report.

(2)

The acknowledgement must be in writing, must be given to the person who made the report, and must include—

(a)

the name and signature of the constable or authorised person who received the report; and

(b)

the date and time when, and the place where, the report was received; and

(c)

a copy of the information that was reported; and

(d)

a copy of the record of any agreement made under subsection (4).

(3)

If a report is not made in person, the constable or authorised person who received the report must, as soon as practicable,—

(a)

give the person making the report a unique reference number; and

(b)

record that number on the relevant registrable offender’s file and on the acknowledgement.

(4)

The Commissioner may make an agreement with the registrable offender as to the manner in which any reference number or acknowledgement required to be given by this section may be given.

(5)

The Commissioner must ensure—

(a)

that there is a method of recording an agreement made under subsection (4); and

(b)

that, except with the written consent of the registrable offender, any reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.

(6)

The Commissioner must ensure that a copy of every acknowledgement is retained.

(7)

In this section, signature includes an email signature or other form of electronic signature.

Compare: Child Protection (Offenders Registration) Act 2000 s 12C (NSW); Child Sex Offenders Registration Act 2006 s 24 (SA)

28 Additional matters to be provided

(1)

If a report is required to be made by attending in person, the person making the report must also—

(a)

present for inspection the registrable offender’s driver licence (if any) or any other form of identification or other document reasonably required by the constable or authorised person receiving the report to verify or support details in the report; and

(b)

if not the registrable offender, present for inspection his or her driver licence (if any) or other form of identification reasonably required by the constable or authorised person receiving the report.

(2)

The constable or authorised person receiving the report may waive any requirements of subsection (1) if the constable or authorised person is otherwise satisfied as to the identity of the person making the report.

(3)

If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender’s current passport (if any).

(4)

The constable or authorised person receiving the report may copy any document presented for inspection under subsection (1) or (3).

(5)

If a report is made otherwise than in person, the regulations—

(a)

may specify the circumstances in which—

(i)

information will be required concerning the identity of the registrable offender and the identity of the person making the report; or

(ii)

a document will be required verifying or supporting details in the report; and

(b)

may specify the manner in which that information or document is to be provided; and

(c)

may not require an original document to be provided.

Compare: Child Sex Offenders Registration Act 2006 s 25 (SA)

29 Power to take fingerprints or fingerscan

A constable or an authorised person receiving a report made in person under this subpart may take, or may cause to be taken by a person authorised by the constable or the authorised person, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the constable or authorised person has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender.

Compare: Child Sex Offenders Registration Act 2006 s 26(1) (SA)

30 Power to take photographs

A constable or an authorised person receiving a report made in person under this subpart may take, or may cause to be taken by a person authorised by the constable or the authorised person, photographs of the registrable offender for the purpose of ongoing identification.

Compare: Child Sex Offenders Registration Act 2006 s 27(1) (SA)

31 Constable or authorised person must inform offender before exercising power

Before attempting to exercise a power under section 29 or 30, the constable or authorised person must inform the registrable offender in language likely to be understood by him or her—

(a)

of the purpose for which the power is to be exercised; and

(b)

that the Commissioner will retain the fingerprints, fingerscan, or photographs (as the case may be).

Compare: Child Sex Offenders Registration Act 2006 s 28(1) (SA)

32 Identifying particulars and other information may be stored by Police

(1)

Any identifying particulars of a person and any other information obtained by the Police under this subpart may be entered, recorded, and stored on a Police information recording system.

(2)

Information recorded on any Police information recording system is not information held in the register for the purposes of this Act.

(3)

If the Commissioner under section 49(6)(b) revokes a decision to place the person on the register, the Commissioner must ensure that any identifying particulars of the person and other information about the person obtained by Police under this subpart are removed from any Police information recording system on which they are stored.

Modified reporting procedures for protected witnesses

33 Modified reporting procedures for protected witnesses

(1)

This section applies to each of the following persons:

(a)

any registrable offender who is currently a participant in a witness protection programme:

(b)

any registrable offender who has been a participant in a witness protection programme but in respect of whom an order under this section is yet to be made:

(c)

any registrable offender who is the subject of an order in force under this section declaring that the offender is a person to whom this section applies.

(2)

This section (except subsections (4) to (7)) also applies to a registrable offender who is receiving protection under a foreign witness protection law or foreign witness protection scheme specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.

(3)

It is sufficient compliance with the requirements of this Part—

(a)

if a person to whom this section applies provides information required by the Commissioner, at the times and in the manner authorised by the Commissioner for the purposes of this section; and

(b)

if the acknowledgement of the giving of the information is given in a manner approved by the Commissioner; and

(c)

if copies of relevant documents, rather than originals, are provided.

(4)

The Commissioner must make an order declaring that a registrable offender who is or has been a participant in a witness protection programme either is, or is not, a person to whom this section applies—

(a)

when the person voluntarily ceases to be a participant in the programme; or

(b)

when the Commissioner makes a decision that the protection and assistance given to the person be terminated.

(5)

On making such an order, the Commissioner must take reasonable steps to notify the person concerned of the terms of the order.

(6)

A person who receives such a notification may, within 14 days after receiving it, apply in writing to the Commissioner for a review of the decision.

(7)

On receiving an application referred to in subsection (6), the Commissioner—

(a)

must review the order, and confirm or reverse it; and

(b)

before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and

(c)

after making a decision on the matter, must given written notice of the decision to the applicant.

Compare: Child Protection (Offenders Registration) Act 2000 s 13(1)–(6) (NSW)

Reporting period and period on register

34 When reporting obligations begin

For the purposes of this subpart, a registrable offender’s reporting obligations begin—

(a)

when the person ceases to be in custody in relation to a qualifying offence; or

(b)

when the person (who has received a non-custodial sentence) is made subject to a registration order at the time of sentencing for a qualifying offence; or

(c)

in the case of a corresponding registrable offender,—

(i)

when the person enters New Zealand from a foreign jurisdiction to reside in New Zealand (if a New Zealand or Australian citizen or holder of a resident’s visa); or

(ii)

when the person demonstrates an intention to reside in New Zealand by applying for a resident’s visa after entering New Zealand from a foreign jurisdiction.

Compare: Child Protection (Offenders Registration) Act 2000 s 14 (NSW); Sex Offenders Registration Act 2004 s 33 (Vic)

35 Length of reporting period and period on register

(1)

A registrable offender must continue to comply with the reporting obligations imposed by this subpart for—

(a)

the remainder of the offender’s life, if the offender has been sentenced to a term of imprisonment for a class 3 offence or for an equivalent repealed offence that corresponds to a class 3 offence; or

(b)

15 years, if the offender has been sentenced to a term of imprisonment for a class 2 offence or for an equivalent repealed offence that corresponds to a class 2 offence; or

(c)

8 years, if the offender has been sentenced to a term of imprisonment for a class 1 offence or for an equivalent repealed offence that corresponds to a class 1 offence; or

(d)

8 years, if the offender has been sentenced to a non-custodial sentence for a qualifying offence and is subject to a registration order.

(2)

Subsection (1) applies to a corresponding registrable offender—

(a)

as if the corresponding offence of which the offender was convicted was the qualifying offence to which it most closely corresponds; and

(b)

in the case of an offender who has not been sentenced to imprisonment for the corresponding offence of which the offender was convicted, as if the offender had been sentenced to a non-custodial sentence for a qualifying offence and were subject to a registration order.

(3)

However, for the purpose of calculating the length of a corresponding registrable offender’s reporting period, and despite section 34(c), the period is taken to have begun—

(a)

when the offender ceased to be in custody in relation to the corresponding offence of which the offender was convicted; or

(b)

in the case of an offender who has not been sentenced to imprisonment for the corresponding offence of which the offender was convicted, when the offender was convicted of that offence.

(4)

A registrable offender remains on the register for the duration of his or her reporting period, including (despite section 36(5)) any period during which his or her reporting obligations are suspended.

(5)

If a registrable offender has reporting obligations in respect of more than 1 qualifying offence or corresponding offence, the reporting periods for each of those offences run concurrently (to the extent that they overlap), not cumulatively.

Compare: Child Protection (Offenders Registration) Act 2000 s 14A(1) (NSW); Sex Offenders Registration Act 2004 s 34(1) (Vic)

36 Suspension of reporting obligations

(1)

A registrable offender’s reporting obligations are suspended for any period during which—

(a)

he or she is in custody for more than 7 days; or

(b)

he or she is outside New Zealand, unless he or she is a person to whom section 33 applies or the obligation is under section 22; or

(c)

the Commissioner has suspended the offender’s reporting obligations under subsection (2); or

(d)

the offender’s reporting period has ceased to run under section 348A of the Criminal Procedure Act 2011; or

(e)

a court order suspending the offender’s reporting obligations under section 38(4) is in force.

(2)

The Commissioner may, on his or her own initiative or on the application of the offender, suspend the reporting obligations of a registrable offender if the Commissioner is satisfied, on reasonable grounds,—

(a)

that the offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and

(b)

that the offender has a terminal illness or a significant cognitive or physical impairment that makes it difficult or impossible for the offender to fulfil his or her reporting obligations.

(3)

The Commissioner must, as soon as is reasonably practicable, give the registrable offender written notice of a decision made under subsection (2)—

(a)

to suspend the offender’s reporting obligations; or

(b)

to deny an application to suspend the offender’s reporting obligations.

(4)

A suspension granted under subsection (2) takes effect when the Commissioner gives the notice to the registrable offender.

(5)

Any period during which a registrable offender’s reporting obligations are suspended under subsection (1) is not to be taken into account for the purpose of calculating when the offender’s reporting period ends.

Compare: Child Protection (Offender Reporting) Act 2004 ss 67C, 67D(1), (5), (6), (7) (Qld); Child Sex Offenders Registration Act 2006 s 32 (SA)

37 Revocation of suspension by Commissioner

(1)

The Commissioner may at any time revoke a suspension granted under section 36(2) if the Commissioner believes, on reasonable grounds,—

(a)

that the registrable offender poses, or may pose, a risk to the lives or sexual safety of a child or children, or of children generally; or

(b)

that the offender no longer has an illness or impairment that makes it difficult or impossible for the offender to fulfil his or her reporting obligations.

(2)

If the Commissioner revokes a suspension, he or she must give the registrable offender written notice of the revocation as soon as is reasonably practicable.

(3)

The revocation takes effect when the Commissioner gives the notice to the registrable offender.

Compare: Child Protection (Offender Reporting) Act 2004 s 67F (Qld)

38 District Court may suspend lifetime reporting obligations on application

(1)

A registrable offender who is subject to lifetime reporting obligations under section 35(1)(a), and who is eligible under subsection (2), may apply to a District Court to have his or her reporting obligations indefinitely suspended.

(2)

A registrable offender is eligible under this subsection if—

(a)

the offender has been subject to lifetime reporting obligations for not less than 15 years; and

(b)

the offender is not currently on parole or subject to any post-sentence order (for example, a public protection order or an extended supervision order); and

(c)

a District Court has not in the last 5 years heard and declined an application by the offender under this section.

(3)

Police and the Department of Corrections are parties to an application made under subsection (1) and are entitled to be heard on the application.

(4)

The court may make an order indefinitely suspending the reporting obligations of the offender only if the offender satisfies the court that he or she does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally.

(5)

For the purpose of assessing the risk posed by the offender, the court must consider the following matters:

(a)

the seriousness of the qualifying offence or the corresponding offence:

(b)

the period of time that has elapsed since the offence was committed:

(c)

the age of the offender:

(d)

the age of the offender at the time of the offence:

(e)

the age of any victim of the offence at the time of the offence:

(f)

the difference in age between the victim and the offender at the time of the offence:

(g)

any written assessment of the risk posed by the offender:

(h)

any submission or evidence from any victim of the offence:

(i)

any other submission or evidence relating to the risk posed by the offender:

(j)

any other matter that the court considers relevant.

(6)

Despite subsection (2)(c), if the court declines an application under this section it may order that the offender is eligible to make another application within or after a specified period or specified date that is less than 5 years away.

(7)

The Police or the Department of Corrections may apply to a District Court for an order to revoke a suspension granted under subsection (4) if they believe on reasonable grounds that there has been a change in the risk posed by the offender since the suspension was granted.

(8)

The court may grant an application under subsection (7) by making an order to revoke a suspension granted under subsection (4) only if the Police or the Department of Corrections satisfy the court that the offender poses a risk to the lives or sexual safety of 1 or more children, or of children generally.

(9)

The hearing and determination of an application under this section are an exercise of the court’s criminal jurisdiction.

Offences

39 Offence of failing to comply with reporting obligations

(1)

A registrable offender commits an offence if the offender fails to comply with any of his or her reporting obligations without reasonable excuse.

(2)

An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 1 year, or a fine not exceeding $2,000, or both.

Compare: Child Protection (Offenders Registration) Act 2000 s 17(1) (NSW); Sex Offenders Registration Act 2004 s 46(1) (Vic); Child Protection (Offender Reporting) Act 2004 s 50(1) (Qld); Child Sex Offenders Registration Act 2006 s 44(1) (SA)

40 Offence of providing false or misleading information

(1)

A registrable offender commits an offence if the offender, in purported compliance with this subpart, provides information that the offender knows to be false or misleading in a material particular.

(2)

An offender who is convicted of an offence under this section is liable to imprisonment for a term not exceeding 2 years, or a fine not exceeding $4,000, or both.

Compare: Child Protection (Offenders Registration) Act 2000 s 18 (NSW); Sex Offenders Registration Act 2004 s 47 (Vic); Child Protection (Offender Reporting) Act 2004 s 51(1) (Qld); Child Sex Offenders Registration Act 2006 s 45(1) (SA)

Subpart 3—Access to register and information sharing

41 Access to register to be restricted

(1)

The Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of persons, that is authorised to do so by the Commissioner in accordance with guidelines issued in accordance with this section.

(2)

The Commissioner must issue guidelines in relation to access to information in the register to ensure—

(a)

that persons authorised by the Commissioner can access information in the register for the following purposes:

(i)

preventing, detecting, investigating, and prosecuting qualifying offences:

(ii)

monitoring registrable offenders in the community:

(iii)

the purposes specified in section 43(1); and

(b)

that access to information in the register is otherwise restricted to the greatest extent that is possible without interfering with the purpose of this Act.

(3)

Despite subsection (2), the guidelines may authorise the use of information contained in the register for a purpose other than the purpose for which the information was obtained if an authorised person reasonably believes such use is necessary to prevent, detect, investigate, or prosecute an imprisonable offence.

(4)

For the purposes of this section, the register includes any information from any register maintained under a corresponding Act that is accessible by the Commissioner, regardless of whether that information is physically part of the register.

(5)

This section has effect despite any other enactment or law to the contrary.

Compare: Sex Offenders Registration Act 2004 s 63(1)–(4) (Vic); Child Protection (Offender Reporting) Act 2004 s 69 (Qld); Child Sex Offenders Registration Act 2006 s 61 (SA)

42 Restriction on who may access information on protected witness

The Commissioner must ensure that any information in the register about a person to whom section 33 applies, whose identity is apparent or can reasonably be ascertained from that information, can only be accessed in accordance with guidelines issued by the Commissioner for that purpose under section 41.

Compare: Child Protection (Offenders Registration) Act 2000 s 19A (NSW)

43 Information sharing between government agencies in interest of public safety

(1)

A specified agency may disclose personal information in the register to another specified agency for any of the following purposes:

(a)

monitoring the whereabouts of the offender:

(b)

verifying personal information reported by the offender:

(c)

managing the risk that the offender may commit further sexual offences against children:

(d)

managing any risk or threat to public safety.

(2)

In this section, specified agency means—

(a)

the Police:

(b)

the Department of Corrections:

(c)

the Ministry of Social Development:

(d)

Housing New Zealand Corporation:

(e)

the Department of Internal Affairs:

(f)

the New Zealand Customs Service:

(g)

any public sector agency (as that term is defined in section 2 of the Privacy Act 1993) that the Minister, after consultation with the Privacy Commissioner, identifies as a specified agency by notice in the Gazette.

(3)

Nothing in this section limits or affects—

(a)

the ability of an agency to access law enforcement information in accordance with section 111 of the Privacy Act 1993; or

(b)

the ability of an agency to disclose personal information about a child sex offender in accordance with section 182A of the Corrections Act 2004.

Compare: 2004 No 50 ss 182A(3)(b), 182C; 2014 No 40 s 5(1)

44 Disclosure of information to corresponding Registrar or to corresponding overseas agency

The Commissioner may disclose personal information in the register to a corresponding Registrar or to a corresponding overseas agency for the purposes of—

(a)

a corresponding Act; or

(b)

informing that Registrar or agency of the intention to travel, or actual travel, to the Registrar’s or agency’s jurisdiction of a registrable offender who may pose a threat to the lives or sexual safety of 1 or more children, or of children generally, in that jurisdiction.

Compare: Child Protection (Offender Reporting) Act 2004 s 71 (Qld)

45 Disclosure of information to affected person where threat to child safety or welfare

(1)

The Commissioner may disclose personal information in the register to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.

(2)

The Commissioner may authorise a specified agency to disclose personal information in the register to an affected person if the Commissioner believes on reasonable grounds that the registrable offender poses a threat to the life, welfare, or sexual safety of a particular child or particular children.

(3)

In this section, affected person means a person who is, in relation to a child referred to in subsection (1) or (2),—

(a)

a parent or guardian of the child; or

(b)

a teacher or regular caregiver of the child; or

(c)

for the time being, responsible for the custody or well-being of the child.

46 Disclosure where identity suppressed

(1)

Personal information in the register may be disclosed under sections 43 to 45 even if the identity of the registrable offender is subject to a suppression order under section 200 of the Criminal Procedure Act 2011 or has been automatically suppressed under section 201 of that Act.

(2)

The Commissioner or a specified agency must ensure, when disclosing personal information in the register in relation to a registrable offender whose identity is suppressed, that the disclosure is accompanied by notice of the suppression order or automatic suppression.

47 Confidentiality

(1)

A person authorised to have access to the register or any part of the register must not disclose any personal information in the register, unless the person is—

(a)

authorised by the Commissioner to disclose the information; or

(b)

otherwise permitted or required, under any enactment or other law, to disclose the information.

(2)

A person to whom personal information about a registered offender is disclosed under this subpart must not disclose that information to any other person unless that disclosure is—

(a)

made with the consent of the Commissioner given (either generally or in a particular case) for the purposes of ensuring the safety or protection of a child or of children generally; or

(b)

otherwise permitted or required under any enactment or other law.

(3)

A person who contravenes subsection (1) or who without reasonable excuse contravenes subsection (2) commits an offence and is liable on conviction to,—

(a)

in the case of an individual, imprisonment for a term not exceeding 6 months; and

(b)

in the case of a body corporate, a fine not exceeding $50,000.

Compare: Child Protection (Offenders Registration) Act 2000 s 21E(d) (NSW); Child Protection (Offender Reporting) Act 2004 s 70(1) (Qld)

48 Registrable offender’s rights in relation to register

(1)

If asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with all of the reportable information that is held in the register in relation to the registrable offender.

(2)

The Commissioner must comply with subsection (1) as soon as practicable after being asked to do so.

(3)

A registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information).

(4)

The Commissioner must take reasonable steps to notify the registrable offender as to whether the Commissioner will comply with a request under subsection (3).

(5)

If the Commissioner denies a request made under subsection (3), the Commissioner must ensure that the details of the request and the denial of the request are recorded in the register.

Compare: Child Protection (Offenders Registration) Act 2000 s 19B(1)–(4) (NSW); Sex Offenders Registration Act 2004 s 66(1)–(4) (Vic); Child Protection (Offender Reporting) Act 2004 s 73(1)–(4) (Qld); Child Sex Offenders Registration Act 2006 s 63(1)–(4) (SA)

49 Review where error in placement on register or reporting period

(1)

This section applies if a person believes that—

(a)

the person has been placed on the register in error; or

(b)

an error has been made in working out the length of the person’s reporting period.

(2)

However, this section does not apply to a person who has been placed on the register as a result of a registration order (and who may appeal against that order under section 9(6)).

(3)

The person may apply in writing to the Commissioner to review the following:

(a)

the decision to place the person on the register; or

(b)

the decision about the length of the person’s reporting period.

(4)

The application must be made within 28 days after the person is given notice of his or her reporting obligations under section 12, 13, 14, or 15.

(5)

The person’s reporting obligations are not suspended because the person made the application.

(6)

On receiving an application for a review, the Commissioner must—

(a)

give the person a reasonable opportunity to state his or her case before making a decision on the matter; and

(b)

if the application relates to a decision to place the person on the register, review the decision to place the person on the register and confirm or revoke it; and

(c)

if the application relates to a decision about the length of the person’s reporting period, review the decision and confirm or change it; and

(d)

give the person written notice of—

(i)

the decision; and

(ii)

the person’s right under section 48 to a copy of all reportable information that is held in the register in relation to the person; and

(iii)

if confirming the decision to place the person on the register or the decision about the length of the person’s reporting period, the person’s right of appeal under section 50.

(7)

If the Commissioner revokes a decision to place a person on the register, the Commissioner must ensure that the person’s relevant personal information is removed from the register, and any copies of documents, fingerprints, fingerscans, or photographs taken from the person under this Act are not kept.

(8)

If the Commissioner changes a decision about the length of a person’s reporting period, the Commissioner must ensure that the entry for the reporting period on the register is corrected.

Compare: Child Protection (Offender Reporting) Act 2004 s 74 (Qld)

50 Appeal

(1)

This section applies to a person who has received written notice from the Commissioner under section 49(6)(d) that the Commissioner has confirmed a decision specified in section 49(3).

(2)

The person may appeal to a District Court against the review decision.

(3)

Sections 273 and 274 and subpart 12 of Part 6 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, apply to an appeal under subsection (2).

(4)

No further appeal lies from the District Court’s determination of an appeal under this section.

51 Exclusion of liability

An act or omission that a person does or omits to do in good faith in the administration or execution of, or in accordance with, this Act does not subject the person personally to any action, liability, claim, or demand.

Compare: Sex Offenders Registration Act 2004 s 71 (Vic)

Subpart 4—Restrictions on change of name by offender

52 Application of subpart

This subpart applies despite anything to the contrary in the Births, Deaths, Marriages, and Relationships Registration Act 1995.

Compare: Child Protection (Offenders Registration) Act 2000 s 19C(1) (NSW)

53 Application for change of name by registrable offender

(1)

A registrable offender must not apply to the Registrar-General to register a change of his or her name under the Births, Deaths, Marriages, and Relationships Registration Act 1995 without first having obtained the written approval of the Commissioner.

(2)

An offender who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine not exceeding $4,000, or both.

Compare: Child Protection (Offenders Registration) Act 2000 s 19E(1) (NSW)

54 Approval by Commissioner

(1)

In deciding whether to approve the making of a change of name application referred to in section 53, the Commissioner must consider each of the following:

(a)

the safety of the registrable offender and other persons:

(b)

the registrable offender’s rehabilitation or care or treatment:

(c)

whether the proposed name change could be used to further an unlawful activity or purpose:

(d)

whether the proposed name change is likely to frustrate the administration of this Act in respect of the registrable offender:

(e)

whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.

(2)

If the Commissioner approves the making of the application, the Commissioner must, as soon as is reasonably practicable, give written notice of the approval to the registrable offender who sought the approval.

Compare: Child Protection (Offenders Registration) Act 2000 s 19F(2)(b), (3) (NSW); Child Protection (Offender Reporting) Act 2004 s 74A(3) (Qld)

Part 3 Miscellaneous matters

Regulations

55 Regulations

The Governor-General may, by Order in Council, make regulations for any of the following purposes:

(a)

prescribing certain laws of foreign jurisdictions to be corresponding Acts for the purposes of this Act:

(b)

prescribing details relating to the administration of the register:

(c)

specifying, if a report is made otherwise than in person under section 25(2) or (5)(b),—

(i)

the circumstances in which information will be required concerning the identity of the registrable offender and the identity of the person making the report, or a document will be required verifying or supporting details in the report; and

(ii)

the manner in which that information or document is to be provided:

(d)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

Consequential amendments to Corrections Act 2004

56 Corrections Act 2004 amended
57 Section 182A amended (Information sharing about child sex offenders)

In section 182A(3)(a), replace “or conditions of an extended supervision order” with “conditions of an extended supervision order, restrictions related to a public protection order under the Public Safety (Public Protection Orders) Act 2014, or requirements of a protective supervision order under the Public Safety (Public Protection Orders) Act 2014”.

58 Section 182B amended (Definition of child sex offender)

Replace section 182B(1)(a) with:

(a)

has been convicted of a qualifying offence or a corresponding offence as defined in section 4 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; and

Consequential amendment to Criminal Procedure Act 2011

59 Criminal Procedure Act 2011 amended
60 Section 209 amended (Publication by or at request of Police, etc)

After section 209(2)(b), insert:

(ba)

any specified agency, corresponding Registrar, corresponding overseas agency, or affected person within the meaning of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 in accordance with sections 43 to 45 of that Act; or

61 New section 348A inserted (How appeal affects registration orders)

After section 348, insert:

348A How appeal affects registration orders

(1)

On a conviction to which an appeal relates where the court appealed from made a registration order under section 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 in respect of the convicted person, the reporting period ceases to run on the day on which notice of appeal or of application for leave to appeal is filed.

(2)

The reporting period resumes from the date on which—

(a)

the appeal is dismissed or abandoned; or

(b)

leave to appeal is refused; or

(c)

the appeal is decided, if neither the registration order nor the conviction on which it was imposed is set aside.

Schedule 1 Transitional, savings, and related provisions

s 5

Part 1 Provisions relating to Act as enacted

1 Retrospective application

(1)

This Act applies to registrable offenders who, on the date this Act comes into force, are, in respect of a qualifying offence,—

(a)

serving, in custody, the sentence of imprisonment that was imposed for that offence; or

(b)

serving, on parole or other form of conditional release from custody, the sentence of imprisonment that was imposed for that offence; or

(c)

subject to an extended supervision order or an interim supervision order following that sentence; or

(d)

subject to a public protection order or an interim detention order following that sentence.

(2)

This Act also applies to registrable offenders who, on the date this Act comes into force,—

(a)

are residents of New Zealand or have demonstrated an intention to remain in New Zealand for 30 days or longer; and

(b)

satisfy the definition of corresponding registrable offender in section 8 (the relevant conviction for a corresponding offence being one that occurred before the date on which this Act comes into force).

(3)

As soon as practicable after this Act comes into force, the chief executive of the Department of Corrections must cause written notice to be given to every registrable offender referred to in subclause (1)(a) of—

(a)

the offender’s reporting obligations; and

(b)

the penalties for failing to comply with those obligations.

(4)

As soon as practicable after this Act comes into force, the Commissioner must cause written notice to be given to every registrable offender referred to in subclauses (1)(b), (c), and (d) and (2) of—

(a)

the offender’s reporting obligations; and

(b)

the penalties for failing to comply with those obligations.

(5)

A registrable offender referred to in subclause (1)(b), (c), and (d) or (2) must make an initial report to the Commissioner of all relevant personal information within 72 hours of receiving notice under subclause (4), or within such longer period as may be specified in the notice.

(6)

Despite section 34, in the case of a registrable offender referred to in subclause (1)(b), (c), and (d) or (2),—

(a)

the offender’s reporting obligations begin when the offender receives notice under subclause (4); and

(b)

for the purpose of calculating the length of the reporting period, the offender’s reporting period is taken to have begun on the later of the following events:

(i)

when the person was sentenced for a qualifying offence or a corresponding offence:

(ii)

when the person ceased to be in custody in relation to a qualifying offence or a corresponding offence.

Schedule 2 Qualifying offences

s 4

1

Class 1 offence means—

(a)

an offence against any of the following provisions of the Crimes Act 1961:

(i)

section 124A (indecent communication with young person under 16):

(ii)

section 131B(1) (meeting young person following sexual grooming):

(iii)

section 136 (conspiracy to induce sexual intercourse), if the victim is under 16 (repealed):

(iv)

section 144A(4) (breach outside New Zealand of prohibitions on use in prostitution of persons under 18 years) in relation to an act specified in section 20, 21, or 22(1) of the Prostitution Reform Act 2003, if the victim is under 16:

(v)

section 144C(1) (organising or promoting child sex tours):

(vi)

section 208(b) (abduction for purposes of marriage or sexual connection), if the victim is under 16:

(vii)

section 208(c) (abduction for purposes of marriage or sexual connection), if the victim is under 16 and the offender intends to cause the victim to have sexual connection with some other person:

(b)

an offence against any of the following provisions of the Films, Videos, and Publications Classification Act 1993:

(i)

section 124(1) (offences involving knowledge in relation to objectionable publications), if the subject or a subject of the publication is under 16 and the publication deals with sex:

(ii)

section 127(4) (exhibition to persons under the age of 18 years), if the exhibition or display is to a person under 16 and the publication deals with sex:

(iii)

section 131A(1) (offences relating to possession of objectionable publications, involving knowledge), if the subject or a subject of the publication is under 16 and the publication deals with sex.

2

Class 2 offence means an offence against any of the following provisions of the Crimes Act 1961:

(a)

section 129A(2) (indecent act with consent induced by threat), if the victim is under 16:

(b)

section 131(3) (indecent act on a dependent family member), if the victim is under 16:

(c)

section 132(3) (indecent act on child under 12):

(d)

section 133(1) (indecency with a girl under 12) (repealed):

(e)

section 134(3) (indecent act on young person under 16):

(f)

section 135 (indecent assault), if the victim is under 16:

(g)

section 137 (inducing sexual intercourse under pretence of marriage), if the victim is under 16 (repealed):

(h)

section 138(4) (exploitative indecent act on person with significant impairment), if the victim is under 16:

(i)

section 139(1) (indecent act between woman and girl) (repealed):

(j)

section 140(1) (indecency with boy under 12) (repealed):

(k)

section 140A(1) (indecency with boy between 12 and 16) (repealed):

(l)

section 141(1) (indecent assault on man or boy) (repealed):

(m)

section 144A(1)(a) or (b) (sexual conduct with child or young person outside New Zealand) in relation to an act specified in section 144A(2)(c) or (3)(c):

(n)

section 144AB(1) (party or accessory to sexual conduct with child or young person outside New Zealand) in relation to an offence specified in paragraph (m) of this clause.

3

Class 3 offence means an offence against any of the following provisions of the Crimes Act 1961:

(a)

section 128B(1) (sexual violation), if the victim is under 16:

(b)

section 129(1) (attempted sexual violation), if the victim is under 16:

(c)

section 129(2) (assault with intent to commit sexual violation), if the victim is under 16:

(d)

section 129A(1) (sexual connection with consent induced by threat), if the victim is under 16:

(e)

section 130(2) (incest), if the victim is under 16:

(f)

section 131(1) (sexual connection with dependent family member), if the victim is under 16:

(g)

section 131(2) (attempted sexual connection with dependent family member), if the victim is under 16:

(h)

section 132(1) (sexual connection with child under 12):

(i)

section 132(2) (attempted sexual connection with child under 12):

(j)

section 134(1) (sexual connection with young person under 16):

(k)

section 134(2) (attempted sexual connection with young person under 16):

(l)

section 138(1) (exploitative sexual connection with person with significant impairment), if the victim is under 16:

(m)

section 138(2) (attempted exploitative connection with person with significant impairment), if the victim is under 16:

(n)

section 142 (anal intercourse) (repealed), if the victim is under 16:

(o)

section 144A(1)(a) or (b) (sexual conduct with child or young person outside New Zealand) in relation to an act specified in section 144A(2)(a) or (b) or (3)(a) or (b):

(p)

section 144A(4) (breach outside New Zealand of prohibitions on use in prostitution of persons under 18 years) in relation to an act specified in section 22(2) of the Prostitution Reform Act 2003, if the victim is under 16:

(q)

section 144AB(1) (party or accessory to sexual conduct with child or young person outside New Zealand) in relation to an offence specified in paragraph (o) of this clause.

4

An offence that relates to the same or substantially similar conduct as an offence against any provision referred to in clause 1, 2, or 3, but that was committed against a provision of the Crimes Act 1961 that has been repealed, or against another enactment that has been repealed, is a qualifying offence.

Legislative history

13 August 2015

Introduction (Bill 16–1)

15 September 2015

First reading and referral to Social Services Committee

14 March 2016

Reported from Social Services Committee (Bill 16–2)

2 June 2016

Second reading

23 August 2016

Committee of the whole House (Bill 16–3)

8 September 2016

Third reading

14 September 2016

Royal assent

This Act is administered by the New Zealand Police.