1Citation
These Regulations may be cited as the Child Protection (Offender
Reporting and Registration) Regulations 2004.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Child Protection (Offender
Reporting and Registration) Regulations 2004.
These Regulations come into operation on the commencement of section 14 of the Child Protection (Offender Reporting and
Registration) Act 2004.
In these Regulations:
business hours means between 8 am and 4 pm, Monday to Friday (except public holidays).
support person, in relation to a reportable offender, means:
(a) a person nominated by the reportable offender for this regulation; or
if no such person is nominated:
(i) a parent, guardian, decision maker (as defined in section 3 of the Advance Personal Planning Act 2013) or carer of the reportable offender; or
(ii) a public authority that provides support, or supervises the provision of support, to the reportable offender.
(2) For these Regulations, a reportable offender has a special need if he or she:
has impaired intellectual functioning as follows:
total or partial loss of the person's mental functions;
(ii) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction;
(iii) a disorder, illness or disease that affects the person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour; or
(b) is subject to a guardianship order under the Guardianship of Adults Act 2016 or the Guardianship of Infants Act 1972; or
is illiterate, or is not literate in the English language; or
(d) is visually impaired to the extent that the person is unable to read a written notice; or
(e) is subject to some other condition that may prevent the person from being able to understand a written notice.
The Chief Executive Officer (within the meaning of the Public
Sector Employment and Management Act 1993) of the Agency responsible for mental health is the authority having control of a reportable offender who is subject to a custodial supervision order under Part IIA of the Criminal Code.
The Commissioner of Correctional Services is the authority having control of a reportable offender:
in respect of whom a court has made an offender reporting order under section 13(1) of the Act; or
who has been sentenced by a court, whether before, on or after the commencement date, to a supervised sentence; or
who has been sentenced by a court, whether before, on or after the commencement date, to a term of government custody; or
who has been sentenced by a court, whether before, on or after the commencement date, and who is not in government custody or under a supervised sentence but is on parole or under a suspended sentence.
The CEO (Youth Justice) is the authority having control of a reportable offender who is a child and in respect of whom a court has made an offender reporting order under section 13(2) of the Act.
The Commissioner is the authority having control of a reportable offender entering the Territory who has not reported in the
Territory.
For section 3 of the Act, definition corresponding Act, paragraph (b), each Act specified in Schedule 1 is a corresponding Act.
For section 3 of the Act, definition corresponding offender reporting order, each order specified in Schedule 1 opposite the corresponding Act under which it is made is a corresponding offender reporting order.
For section 12(2)(b) of the Act, an offence against a provision specified in Schedule 2 is a Class 1 offence.
For section 12(3)(b) of the Act, an offence against a provision specified in Schedule 3 is a Class 2 offence.
For section 17(3) of the Act, a person may make contact by telephoning (08) 8922 1560 at any time.
For section 20(4) of the Act, travel within the Territory need not be reported under section 20(1A) of the Act if either or both of the following circumstances apply:
the reportable offender travels less than 200 km from his or her place of residence;
the reportable offender is absent from his or her place or residence for less than 14 consecutive days.
A reportable offender may make a report under section 21 of the Act in any of the following manners:
by telephoning (08) 8922 1560 at any time;
(b) by facsimile transmission to (08) 8922 3229 (from within Australia) or 61 8 8922 3229 (from outside Australia);
by email to ancor@pfes.nt.gov.au;
by post to:
NT Child Protection Offender Registrar
Criminal Intelligence Section
PO Box 39764
Winnellie NT (Australia) 0821.
(1) For section 29(1)(a) of the Act, if the reportable offender making a report cannot produce a driver's licence, he or she can verify his or her identity by producing 2 items from the following list, at least one of which must be an item listed in paragraph (a), (b), (c) or (d):
his or her birth certificate;
(b) an Australian passport, or document of identity issued by the Australian Passport Office, that is current or has been expired for less than 2 years;
a current overseas passport;
(d) an Australian naturalisation or citizenship document, or immigration papers issued by the Commonwealth Department of Immigration and Multicultural Affairs;
(e) a current Medicare card, pensioner concession card, Department of Veteran's Affairs entitlement card or other entitlement card issued by the Commonwealth, a State or another Territory;
(f) a current credit card or account from a bank, building society or credit union, or a passbook or statement of account, up to one year old;
a telephone, gas or electricity bill up to one year old;
(h) a notice of council rates, water service charges or land valuation up to 2 years old;
(i) an electoral enrolment card, or other evidence of enrolment as an elector, up to 2 years old;
(j) a current student card, or a certificate or statement of enrolment from an educational institution, up to 2 years old.
(2) For section 29(1)(c) of the Act, if another person is making a report on behalf of the reportable offender, he or she must, in addition to producing documents referred to in subregulation (1) to verify the identity of the reportable offender, produce documents to verify his or her own identity.
(3) If the person making a report on behalf of the reportable offender cannot produce a driver's licence, he or she can verify his or her identity by producing 2 items from the list in subregulation (1), at least one of which must be an item listed in paragraph (a), (b), (c) or (d) of that subregulation.
(4) For section 29(5) of the Act, if a reportable offender is making a report other than in person, the reportable offender must provide, by mail or facsimile, copies of documents to verify his or her identity and location.
(5) For subregulation (4), the reportable offender must provide:
(a) a copy of his or her driver's licence and copies of at least 2 items from the list in subregulation (1); or
(b) copies of at least 2 items from the list in subregulation (1), at least one of which must be an item listed in paragraph (a), (b), (c) or (d) of that subregulation.
(6) If another person makes a report referred to in subregulation (4) on behalf of a reportable offender, he or she must, in addition to producing documents to verify the identity of the reportable offender, produce the documents referred to in subregulation (5)(a) or (b) to verify his or her own identity.
(7) The police officer receiving a report referred to in section 29(5) of the Act may waive any or all of the requirements of subregulation (4), (5) and (6) (as applicable) if the officer is otherwise satisfied as to the identity of the reportable offender or the person making the report, as the case may be.
For section 52(4) of the Act, a notice must be given to a reportable offender:
(a) who is in government custody in the Territory – by the Commissioner or a correctional officer (as defined in section 4 of the Correctional Services Act 2014); or
(b) who is the subject of a supervision order under Part IIA of the Criminal Code – by the Chief Health Officer; or
who is entering the Territory – by the Commissioner; or
(d) who is in the Territory and becomes a corresponding, foreign or deemed reportable offender – by the Commissioner.
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