What is the NSW Child Protection Register?
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Do I need to plead guilty to get a Section 10?
No. You can still receive a Section 10 even if you defended the charge at hearing and were found guilty. This was confirmed in Matheson v DPP [2008] NSWSC 550, where the Supreme Court held that a Section 10 was available even after a defended hearing.
Who is Required to Register?
You will be listed on the Register if you are convicted of a Class 1 or Class 2 offence, including:
Sexual intercourse with a child
Acts of indecency or grooming
Possession or production of child abuse material
Kidnapping or filming for indecent purposes
Even if the offence occurred in another jurisdiction or before the law commenced, you may still be required to register.
What Are the Reporting Requirements?
Registrable persons must:
Report personal details (name, address, employment, internet use)
Provide details of contact with children
Report any changes within 14 days
Continue reporting annually or more frequently if required
Failure to comply without a reasonable excuse is a criminal offence, carrying penalties of up to 5 years imprisonment.
What Are Child Protection Prohibition Orders?
Police can apply to the Local Court for a Prohibition Order to further restrict an offender’s conduct, including:
Preventing association with certain persons
Banning entry to public places like parks or malls
Limiting employment involving contact with children
Orders can last up to 5 years for adults and 2 years for juveniles.
How Long Will I Be on the Register?
The length of registration depends on the offence:
8 years for a single Class 2 offence
15 years for a Class 1 offence or two Class 2 offences
Life for multiple registrable offences
These periods are halved for juvenile offenders.
Can I Be Barred from Working with Children?
Yes. Registrable persons are automatically considered “prohibited persons” under the Commission for Children and Young People Act, and cannot:
Apply for or hold a Working with Children Check
Work or volunteer in child-related employment
Some limited review rights exist for offenders with close age gaps or exceptional circumstances.
Is Being on the Register Considered Extra-Curial Punishment?
NSW courts have debated this. While registration can feel punitive, under section 24A of the Crimes (Sentencing Procedure) Act, judges cannot reduce your sentence simply because you’ll be placed on the Register.
What Happens if I Don’t Comply?
Non-compliance is taken seriously. Examples include:
Failing to report new phone numbers or internet usernames
Forgetting to report a house move
Giving false information
You must show a reasonable excuse, such as disability or lack of understanding. Penalties include imprisonment.
Does the Register Prevent Future Offending?
Studies suggest that while the Register can improve monitoring, it does not significantly reduce child sex offending or re-offending. However, NSW authorities continue to rely on it as part of a broader strategy to protect children.
Need Legal Help with Child Protection Orders or Registration?
At Greenfield Lawyers, we have experience advising and defending clients facing registration under the Child Protection Register, prohibition orders, and non-compliance charges. Contact us today for confidential advice.