Are you eligible for a Sex Offenders Registration Exemption Order?
If you were under the age of 20 at the time of the offending that resulted in you being placed on the sex offender registry, you may be eligible to be removed.
In 2018, amendments to the Sex Offenders Registration Act 2004 introduced ‘registration exemption orders’ that allow a court to exempt certain young offenders from the reporting obligations they would otherwise be subject to.
As a registered sex offender, you need to constantly keep the police updated on the personal details of your life. Reporting obligations include, but are not limited to:
- Where you live.
- The details of any children you come in contact with.
- The vehicle that you drive.
- Any internet names that you might use on social media or other parts of the internet.
- Reporting to the police before and after you leave Victoria for more than two days to go to another part of Australia, or if you leave Australia to go overseas.
- Providing passports and possibly even tickets and other travel documents so that the police know where you are.
- For the duration of the time that you are registered on the sex offender’s registry, you must report to the police as requested or you can face a custodial sentence.
- You are not to be involved in any child-related employment. If you have previously been employed in a child related job then you must inform your employer and cease that employment.
As you can see, having your details included on the sex offender’s registry is not a positive outcome. However, there are steps you can take that might convince a Court to exempt you from being registered as a sex offender.
Contact us to make an appointment with one of our experienced criminal lawyers right away so we can help you apply for a Sex Offenders Registration Exemption. It is not a simple process, but we have it covered.
Eligibility for sex offender registration exemption
Registration exemption orders are available only for certain young people found guilty of a ‘specified offence’. A specified offence is a Class 1 or Class 2 offence listed in Schedule 5 of the Sex Offenders Registration Act 2004. Such offences include sexual offences against children under 16 and child abuse material offences.
S 11A–E of the Sex Offenders Registration Act 2004
While there is a possible cause of action in making an application to the Court under s 11A of this Act, the legislation leaves the onus of deciding whether or not to grant the application in the hands of the magistrate or judge. The decision is based on a number of factors, and it is a very subjective process. Making the application correctly is critical.
Generally, you must make an application under section 11A of the Sex Offenders Registration Act no less than six months after being notified of your reporting obligations. If you were placed on the registry before the March 2018 amendments, then it is two years.
However, it should be noted there are exceptions to this rule and, notwithstanding the operation of s11A, there are avenues to get past the time frames of 6 months and 2 years, respectively. There are circumstances where we can make the application at any time, so if you have missed the deadline, contact our office to discuss.
You may be successful in your application if you can show the following:
- You were 18 or 19 at any time during the commission of the offence and not more than 19 at all times during the commission of the offence
- You have not been found guilty of certain other registrable offences
- You have not been previously refused a registration exemption order for certain other offences of which you have been found guilty
- You were not already a registrable offender at the time of committing the offence for which your application relates
- You are not a corresponding registrable offender or a NSW registrable offender
- The specified offence to which the application relates did not involve more than one victim unless it relates to possession of child abuse material or child pornography
- If the application relates to more than one specified offence, each offence relates to the possession of child abuse material or child pornography, or each offence was committed against the same victim (s 11A).
These further matters depend heavily on the court’s opinion and are subject to the judgement of the Magistrate or Judge who examines them.
In order to be successful in your application, the Judge or Magistrate must examine:
- Whether you are a low risk or no risk to members of the community, even without establishing the identity of any specific person at risk from your offending.
- The seriousness of the offence to which your application relates.
- Your age in relation to the ages of the victim at the time of the offending.
- Whether the victim was under your care, supervision or authority at the time of the offending.
- Whether the victim had a cognitive impairment or mental illness at the time of the offending.
- Whether your application relates to more than one specified offence and, if so, the number of offences and their nature.
- Any other matter that the Court might deem relevant.
Where will my case be heard?
The first step to take is to file your paperwork in the relevant court. The application will be made to the court that imposed the sentence in the first instance. If there is more than one court, then your application is to be filed and heard in the highest court that imposed a sentence. This may be the Magistrates’, County or Supreme Court. If you were sentenced in a foreign court, then your application is to be made to the Magistrates’ Court.
Your lawyers at Dribbin & Brown Criminal Lawyers will make sure your application is made correctly, properly filed and served on the Chief Commissioner of Police.
Sex Offender Registration Exemption – If the application is successful
If your application is successful, the judge or magistrate will make a Registration Exemption Order to remove you from the sex offender register.
It is important to note that a successful registration exemption order will not nullify any previous breaches of the order while you were under it, nor will the order affect the consequences of any future offending. Future offending can get you right back on the register.
Sex Offender Registration Exemption – What to do next?
If you are on the sex offenders register, and you believe that you might have grounds to apply for a sex offender registration exemption order, the best thing to do is contact Dribbin & Brown Criminal Lawyers right now. It is important to get your application right the first time.
Assistance from experienced lawyers is critical, the considerations in relation to any sex offence registration exemption application are complicated, and any application needs to be prepared properly.
Contact us today to make sure that you are getting the best advice for your specific circumstances. Every application is different and getting experienced and tailored advice is so important.
