Page 2827 - Week 09 - Thursday, 13 August 2015
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technologies to otherwise access inaccessible data. This time period can be extended to a maximum of eight hours if the court is satisfied that the information cannot be accessed within four hours. To ensure that this power does not unduly trespass on the privilege against self-incrimination, the bill proposes that the provision is accompanied by direct and derivative use immunity.
As the registered offender is compelled to provide this information to police or otherwise face criminal sanctions the material obtained under this power is not admissible in a proceeding other than a proceeding under the child sex offenders act or a proceeding under part 3.4 of the criminal code. This is consistent with other similar provisions in ACT law that compel a person to provide information that leads to disclosure of other information or evidence and aligns with the requirements under common law relating to the privilege against self-incrimination. The use of that further information is only permitted for strictly limited purposes.
If a registered offender fails to provide that assistance and is reckless as to the nature of the order they may be guilty of an offence punishable by up to 500 penalty units, imprisonment for five years or both. The offence provision provides strong incentives for registered offenders to provide the required assistance to police and also sends a strong message to offenders that their obligations throughout their reporting periods are serious and enforceable.
Turning to the amendments relating to the registration of a certain previous offender, the second category of amendments provides for the registration of a certain previously convicted child sex offender. Currently, the registration and reporting obligations in the child sex offenders act only apply to offenders who were convicted of an offence after the commencement of the act on 29 December 2005.
Accordingly, where there is insufficient evidence to support a further charge and conviction leading to registration, ACT Policing currently has no ability to monitor a person who has prior, historical convictions and poses an ongoing risk. The introduction of this power will support the purpose of reducing the likelihood that the person will reoffend and prohibit conduct that poses a risk to the lives or sexual safety of children. The intention of this amendment is to provide ACT Policing with tools to protect children and their families in specific circumstances where a person has been found guilty of a class 1 offence prior to the commencement of the act and continues to pose a risk to the lives or sexual safety of one or more people or of the community.
The bill outlines the matters that the court must consider before making a registration order in relation to a previous offender. These include the seriousness of the offending, the period since the offence was committed, the person’s and the victim’s ages and the difference in age between them when the person committed the offence, whether the level of risk that the person may commit another registrable offence outweighs the effect of the order on the person and anything else that is considered relevant.
Turning to removal from the register and non-registration, the third category of amendments will provide a power for the Chief Police Officer to apply to the Magistrates Court for the removal of a registered offender from the register and will also allow an offender who was a young person at the time of the offending to apply
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