How do new sex offender laws affect Australian society?
In December 2017, a momentous ruling occurred in Australia with the introduction of new sex offender laws. The new law barring registered sex offenders from international travel has received passionate responses from both advocates of the law and staunch opposers. Australia is the first country in the world to pass the anti-sex tourism law, stipulating that a registered sex offender is not permitted to travel overseas. In addition, that “Australians who commit child sex offences while overseas can be investigated and prosecuted under Australian law.”
The New York Times reported on an Australian man being stopped at Sydney Airport. Even the international community has been very vocal on social media.
Many questions arise as a result of this ruling and its application. Consider for a moment the fact that most sex offenders are known to victims and in many unfortunate cases are family members. What impact will this have on a family? Should a mother be allowed to take a child and remove the child from the other parent? Does the sex offender have the right to see his own child for example? By creating this law, is the law protecting each person’s rights or what many might argue, does the rights of the victim supersede the rights of the offender?
This new law has brought some of these considerations into question. Technically it might prevent a registered sex offender from seeing his own child. A mother can decide to take her child out of the country and yet the registered offender won’t be permitted to travel overseas to see the child.
Anti-sex tourism law and its impact overseas
It has been argued that this law is supposed to prevent registered sex offenders from travelling to South East Asia and abusing children there.
It’s important to think globally and the child sex offender law is doing just that. By refusing international travel, offenders will be prevented from travelling to countries where laws are more lax. South East Asia and Thailand in particular, are in close proximity to Australia and have been easy places to engage in heinous acts. Arnaud Herrmann of the Accor Hotel group recently commented that in “Southeast Asia, hotel managers were frequently confronted with child sex tourism”. In an effort to curtail such atrocities, many people are thankful for this recent law.
The New York Times’ twitter page is filled with hundreds of comments in relation to the recent article about the new Australian law.
Previous child offender laws in Australia
The Australian Criminal Intelligence Commission created the National child offender system (NCOS) enabling Australian police to record and share information about child sex offenders. The NCOS keeps police informed about offenders’ “whereabouts and other personal details” after they “are released into the community”. The aim of the legislation was to protect the community and minimise the probability of repeat offences by the sex offender. From a prosecutorial and sentencing perspective, having the information recorded online, makes it far easier for the judicial system to prosecute.
One of the most rational criticisms of new sex offender laws relates to rehabilitation. What does it actually achieve in terms of rehabilitation? Does preventing a registered sex offender travelling overseas mean the person will cease the criminal behaviour? This is important to consider because barring someone from travelling, does not equate to the person ceasing the behaviour. In fact, people can and do access countless sites online in order to commit despicable and unlawful acts. For example, people were warned not to post photos of their children online for this very reason.
Is a new law required that considers social media?
In today’s world, it’s far too easy for a child sex offender to gain access to your child’s contact details. Even more frightening is that it’s possible for a predator to become a child’s online ‘friend’ via social media. Luring a child is far easier than it once was. It’s relatively simple to use any number of programs to alter photos, create others and impersonate someone. Someone can learn actual facts about a child that can then be related with ease and assuredness, making the child trust the perpetrator.
Years ago, people instructed their children not to speak with strangers or accept sweets from someone they didn’t know when playing in the park. The ‘stranger danger’ campaign is one that has been embraced by many parents throughout Australia. However, nowadays, everything is readily accessible online. School children have greater independence due to the rampant use of smartphones and tablets, and with that comes greater risk too.
Some Australian politicians urged the government to look at social media and the way it is facilitating criminal behaviour, especially when used by child sex offenders. However, a law that encompasses this critical aspect has not been implemented or possibly even drafted. It would appear that placing a ban on international travel is an easy solution, one that quells the public’s outcry and yet, what real and lasting effect will actually ensue?
It’s logical to ponder the fact that while this law will possibly prevent further child sex offence crimes in Southeast Asia, what is it actually doing to eradicate the much larger problem? Many questions are evoked when considering this new law. For example, why do sex offenders repeat the same behaviour even after incarceration? Isn’t this a more fruitful debate to enter into? What is Australian law doing to rehabilitate such offenders? What reforms are in effect that can make a long and lasting change in Australian society?
When discussions like this occur, especially when dealing with such a serious crime and one that the average person more often than not only considers from the victim’s perspective, it’s essential that we consider all facets of this debate. In doing so we must look at the long term effects of such a ruling. Taking into account the technologically fueled times in which we live, anything that appears online will remain. It’s not as though you can write to a magazine and get a retraction and an apology in the event a person has been wrongly accused.
Can new sex offender laws actually cause more harm?
What happens if someone was accused of a sex crime by a family member for example and later it was discovered that the child acting out of fear (and no one would blame the child and rightly so!) provided incorrect information about the perpetrator? The law is an imperfect one and there are times when it gets things wrong. In this type of situation what happens to the alleged offender’s rights? How can he or she possibly travel overseas unimpeded in the future after having been placed on a watchlist?
Thanks to technology, it’s fairly easy to place someone on a universally accessible list. However, it’s an entirely different matter if you want to remove someone from that list, ie after the person has ‘done their time’ or has been rehabilitated. Furthermore and in the worst case scenario, after being placed on such a list only to discover later that an error was made and the person should never have been on the list?
The law in whatever field is about preempting a possible scenario, in order to best protect both the victim and society. However, at what cost? When does the rights of the individual outweigh the rights of the society? Or possibly it doesn’t.
Does a registry for sex offenders actually make a difference?
In 2008, a study was conducted that evaluated the productiveness of “Megan’s law”, which was named after a serious sexual crime that occurred in the US. It revealed that the only thing certain about that law was its costly nature, offering very little value, with “no demonstrable effect in reducing sexual re-offenses”.
Even if we were to abandon the questionable removal of the offender’s rights from the equation, how effective is such a registry at combating the problem?
In 2014, ABC News published an article that critically analysed the sex offender registry and its effectiveness. It stated that “registers have little or no impact on sex offending rates” and that the evidence does not support the notion that “community notification is an effective means of reducing recidivism”. This begs the question as to what if any impact new sex offender laws will have on reducing sexual offences. By all accounts, it appears that the focus of the discussion should be centred around the importance of education and reform, not merely jail time and registries.
SCB Legal maintains that ALL people deserve a fair and complete defence and expert legal representation. If you have been charged with a sex offence crime or have been the victim of a crime, our team of legal experts will passionately defend your rights.
I was incarcerated for two years in a low security prison, meaning there were no fences. I lived in a self contained unit with 5 other inmates. The prison accommodated some 700 men, all sex offenders. I worked 30 hours a week in a furniture factory and I was paid $1.20 an hour. I was released in 2014.
My offence was a breach of trust resulting in a consensual sexual relationship with a 16/17 year old, who by law, is defined as a child. Therefore the law does not consider her content, as being lawful or legally recognizable. Our age difference was significant, 30 years.
If I had gained her consent, to commit together, a murder, a robbery, a violent assault, arson, fraud, dangerous driving resulting in death, a terrorist attack, would the legal system still consider her not responsible for her consent due to her age ? The answer is NO. She would have been prosecuted and here lies the contradiction of the definition of “a child”.
Both our lives have been tumultuously derailed due to a legal system that was only concerned with a prosecution, rather than considering her wishes and desires or the long lasting impact on her life by the bulling and harassment she endured from her peers.
Sex offence laws do not support Australian Society. They are mostly an extraordinary expensive, political theater, authored by politicians for personal gain. They actually put the public at greater risk by not focusing their recourse on the most High Risk parolees.
Upon my release, there was no forensic evaluation of myself. I was simply released on parole. I reported to a young women who was not formally trained for 75 minutes a week for a chat.
My arrest, trial, incarceration and parole cost the tax payer’ approximately $300,000. Ongoing reporting obligation costs for life, are unknown.
Thank you for your insightful comments and for sharing your story and experiences with our readers.
Hi I was in a similar situation firstly being accused of a crime that was never committed in the first place explain this a bit later, I was found guilty served 4 years, still no crime committed, couldn’t ever prove evidence in court, she says sadly believed her more lies win, four years later police found out she lied, nothing done about it, I got a apology, but still remain on register for life even though I know I’m innocent, but totally stuffed my life, she lives normal life even though she lied about it, report every year same bullshit paperwork, this register is crap but deep down it’s just political bullshit, there’s no way off damage done time done and what for lies win and truth loses they’ll always believe lies there is nothing we can do but remain prisoners for what? Those false allegations made and fabricated stories should be penalised but no we wear the blame 6 years later my so called victim now posted how she got away with her lies on social media just so she got compensation to her just a joke how am I supposed to feel? Pretty well fucked off.
Hi Daryl,
Thank you for your comment.
Just to confirm, you were found guilty by the Jury, you were sentenced to and served 4 years in custody. The Police found out she lied and they (the Police) sent an apology or she (victim) apologised?
This is horrible to read about and is just one of our systems injustices.
We are sorry to hear about this.
I’ve just been released from prison after serving for what I did. I’m in my 40s and never had a criminal record. I used to be a high flyer and successful businessman, which has all gone now. I know I was wrong and I did plead guilty for the things I did, plus things I didn’t. I was told by the judge that while not moderate seriousness, not low seriousness. (Low-mod?)
I’ve since been told that I am on the offender register for life. And that I’m unlikely to be able to leave Australia, even to go to Europe or other places (not just SE Asia, sure I’m not interested anyway). Even to do work…
So, my life has abruptly terminated moving forward it seems as they want me to hide under a rock, it seems.
Sadly, I’m probably one of many, plus having no funds after spending it all on my legal battle, I face a life sentence in the penal colony of Australia, which is supposed to do what for rehabilitation or mental health? I feel discriminated against and it hurts. Seems I am now ranked with the worst of worst and terrorists in my offences.
At a loss now.
Thank you for sharing your experiences. Stories like yours are very sad and need to be told.
It’s unfortunate that our system is this way. A person’s punishment is meant to be their liberty taken away for the period they are in custody and nothing more.
Unfortunately it does have a life long effect and one simple mistake can ruin your life even if you are rehabilitated.
I hope you have a great support network to help you.
Seeing as the offender’s actions impact on the victim for the entirety of their life in various ways, vastly reducing quality of life, isn’t it somewhat fitting that there are lasting consequences also for the perpetrator?
Thank you for your comment.
I think it’s important to take into account the varying levels and the type of offences that are committed as opposed to having a blanket approach.
We are by no means taking a position either way. We like to hear from our readers about their views.
Cheers. In relation to impact of the victim, it is well known that what might be considered a lower level offence of grooming a young teenager into a relationship through psychological manipulation can have the same psychological effects as if they were gang-raped – whilst the actions of the perpetrator might be considered as lower level, the effects on the victim do not match this. Unfortunately, many perpetrators are entirely unaware of the effects their actions will have, and remain so even after sentencing. It’s a topic the general public doesn’t like to discuss in depth, but I wish there was wider education on this.
Thank you for your reply.
I absolutely agree that there is an impact on the victims regardless of the level of offending. I also agree that many offenders do not realise the impact of their offences and it is important for the offenders to be made aware of the impact of their offending. I was not at all referring to grooming a child; this in my view is a serious offence and not low level. There are a range of offences and varying facts which determine the level of seriousness. For example, viewing child abuse material is absolutely wrong and serious and the offender often feels that their offending does not have an impact on the victim because the impact is indirect and the child was subjected to abuse by someone other than them. Little do they realise that it is this abuse which allowed them to have access to the material. Their view is often that they didn’t personally subject the child to abuse and therefore they don’t see the victim as in fact being the victim. This would possibly be considered lower level than actual physical sexual abuse of a child (again, depending on the material and use of the material) however it is still serious and the law recognises this by punishing offenders to lengthy periods of custody.
I am a registered offender. In 2010 officers knocked on my door and with a warrant took my laptop in relation to a google search from it… I immediatly admitted to them i was responsible and I was just silly,young and naive and not about to repeat it. Any why it took them so long to get back to me with prosecution,i dont know but i was charged in 2015 with attempt to use a internet service provider to access child exploitation materiel and also Use a internet service provider to access!!!
In that time ive married and had a daughter and life was great.. i had a great job and regularly holidayed with my wife and daughter to bali and Thailand and instilling a love for adventure and travel in our daughter..
After the charges in 2015 though i was given a good behaviour bond of 18 months and told i would be a reportable offender for 5 years and i could not travel, that was the biggest blow to my family. Travel is good for the soul and we all loved our family bonding holidays. I also lost my job as it required me to travel abroad many times each year. I currently have 2 years left as a reportable offender before the officers say i can travel abroad again. My fear is though that my name will remain on some whatch list on completing my reporting obligations and still be pulled up at bali or phuket airport when we all (family) start on our overseas travel again and be denied entry!!
Thank you for reaching out to us.
As a “reportable” offender, you may still be able to travel but will require approval. There are some Countries that the Govt. are unlikely to allow you to travel and these are likely to be Countries where there is a high-frequency of child sex offences occurring.
Please contact us on 02 47 222 050 or email us on , if you require more detailed advice. We have experience providing this type of advice and representation.
Will I be able to travel after my reportable offender time is up? I have 18 months left and then my 7 years is up. I was 18 at the time and glibness throw a death of. Parent and ended up getting drunk and booking up with a girl who ended up only being 15. Long story short her family found out and charged me and I went thru all the courts and am now labeled as a sex offender. I have since grown a successful business, have 2 kids, fiancé and we are so desperate to travel and take our family to Disney land and explore the world. I’d be devastated if I never get the chance to leave Australia
Thank you for your comment. You should be fine to travel once you have finished your reportable period however, this offence will remain on your record which may cause difficulties for some countries.
If you would like some more information and so that we may provide you with advice, please contact our office via email info(at)scblegal(dot)com(dot)au or call our office on 47222050.
Thank you.
My church want me to sign a document (agreement for insurance) saying that they can tell anyone about my history and that I can’t spend time with other families in homes, or they’ll tell them (I have a young family). I am registered for another 12 months, from a single offence (no prior history). I made a huge mistake. I have lost all access to be able to work, can’t help my kids at school, I’ve lost friends and now feel like I am losing so much more (and there’s a huge impact on my family). I am not a serious offender and have no intention of re-offending. I have received counseling to understand what happened to get me to that point and am doing my best to get one with life with my family. I don’t want to sign away my right to privacy but don’t want to lose access to an otherwise loving community. How can this be pushed?
Hi John,
Thank you for reaching out to us.
It sounds like a very difficult situation you’ve found yourself in. The Church cannot force you to sign anything and should understand that God forgives people for their sins. By signing the agreement, this may cause you more problems and significant distress when you are trying to move forward with your life.
If you are no longer a risk, have been rehabilitated and have received counselling, there is no need for the Church to demand you sign a document allowing disclosure.
On the other hand of course, you do not want to lose access to your community which is also understandable but it’s possible that if you sign, you will lose access in any event because the families it is disclosed to may no longer support you.
The Church cannot prevent you from attending and discriminate against you because of a past mistake and because of your refusal to sign a document. It seems as though this document goes against human rights.
This advice of course is based on the limited information that you have provided.
You need to make the decision that is best for you and that can help you move forward with you life.
The problem with ANCOR is that it forced many many low-risk offenders (in fact the general population is actually classified as low-risk of offending in any way as there are no such thing as no-risk of offending) into isolation. By voluntarily forcibly into isolation and therefore depriving them of social, spiritual, economic, emotional, psychological, physical etc well being. With isolation, it is extremely difficult to obtain support from many people even those closest to them. Registration laws aren’t helping low-risk offenders in term of relationship with family and do not help with rehabilitation as they are trying to rebuild their lives as productive citizens. ANCOR isn’t helping the general population at all in a number of ways. I give you an example, that piece of laws isn’t a stand-alone law but in fact, integrated with several laws, not just criminal laws but many other laws. If you have a look at the section regarding reportable contact with children, here is the problem, if you have children or grandchildren then you must report it to the police. It doesn’t stop there, police are under obligations to report to social worker regardless and they will interfere with the well being of children and parental control. In addition, they will abuse children to further “punish” low-risk offenders. That is the problem. In the long run, registers do not help the general population that it was intended to “protect” them. Isolation has become one of the unintended consequences!
Hi Andy,
Thank you for your comment.
You are absolutely right. Regrettably, this is the case and the subject of ongoing debate. This is just one area that needs review and fixing.
I am currently having a problem to. ANCOR has arrested my friend who is a low grade sex offended from 20 years ago. Sine this crime he married and had a daughter. His wife passed away in 2011 and the courts awarded him fully custody. He is the only person in SA has full custody of a child. ANCOR have harrassed him and tried to charge him for anything for years. He sued them last year and won. A few months ago ANCOR arrested him again and sent him to jail to await trail to prove his innocence again. Sadly this time ANCOR reported their concerns to the child protection that my friend was unsafe. There has never not even once been any sexual charges against a minor in any cases. My friend wanted me to have guardianship of this little girl but child protection told me that because I have has a friendship with a sex offended and allowed my daughter to be around him I am now deemed unsafe. I still have this little girl living with me and have tried to make complaints but no one is listening to be. I have been forced by child protection to drive this little girl to school everyday which takes me an hour and half each way. I know nobody from this area and have no choice to sit in my car in the school car park for 6.5 hours ever day. Why are my rights gone because my friend is a low grade sex offended. The laws ruin people’s lives. I have to keep doing this until child services take this little girl. I can’t work and am financially crippled doing this for the last two months. The child protection are waiting to see if my friend is charged so they have a stronger case against my friend. This child has lost her rights because she isn’t allowed to see her dad or speak to him either. How can this happen, the laws are wrong. I have done nothing wrong and feel like I’m a criminal because I love a little girl with no mother and want to provide her a loving home where I can meet all her needs. Child protection don’t seem to care if they remove her and put her in care and that she will loose everything and everyone she loves in her life.
Hi Andrea,
Thank you for your comment.
We are sorry to hear about your situation.
It is strange that the Court gave him sole custody yet child protection are saying that you are not protective because you allowed your daughter to be near him.
Are you complying with their requests that you not allow contact and communication between the young child and her father? If they have allowed the child to stay with you in the interim then I cannot see any reason why she should not be able to stay with you.
It’s horrible that you and the child are in limbo. If they do remove the child, you should be able to receive representation in seeking an order that she stay with you.
Should you have any further questions please contact our office on
Thank you.
Hi,
I was set up by someone I had a fight for money leaving me with no option but to plead guilty to a crime I never committed..I am overseas born immigrant and my parents are very sick and probably need care as they are old and sick can’t do anything without help and support.. I am on a registered sex offender and can’t travel overseas, my application was rejected despite giving them a medical certificate of my parents who require surgery and care .. but stuck here I can’t travel and they might end up dying there ….
Thank you for your comment.
Regrettably, the laws were changed in 2017 so that any person on the sex offenders register must obtain approval before travelling outside of Australia.
You could perhaps try making a further application and write a letter/statement setting out the circumstances and then attaching a letter from a treating specialist confirming that they need care or that they need surgery etc.
Thank you.
ANCOR laws need serious reviewing. I don’t feel in any way that these laws assist in protecting anyone in the community. Does a registry deter anyone from committing a sex offence (against an adult or minor)? Absolutely not! Furthermore a public registry will definitely not work as politicians like Derryn Hinch, thinks it will help. All that will happen is crime will skyrocket with a public registry, in ways of vigilantism towards child sex offender, who is most likely trying to move forward in their lives. The ones who will most likely perform these acts are ones who probably also need education in themselves in actually helping the problem, rather than make it worse by physically attacking or harassing sex offenders! All this “public registry” talk is about, is to gain a quick vote from closed minded people. Do travel restrictions work? I consider that laughable! So effectively, the government wants to impose virtually a life long sentence for a mistake? It just seems that you are better off organising a terrorist attack in a major city and potentially taking the life of thousands of people or smuggling in a million dollars worth of illicit drugs. Someone needs to really be vocal in opposing these laws as the government has their blinkers on and are not thinking this issue through properly. In summary, I don’t just about the government, but also closed minded (judgemental people who make a negative opinion on sex offenders) need to understand that everyone including the very ones I just mentioned are all HUMAN BEINGS and we all make mistakes. I believe anyone can rehabilitate if they know they want to fix the problem, child sex offender or not. ANCOR needs a strong review.
Thank you for your very detailed and thoughtful comment.
We absolutely agree with you; these laws or proposed laws, are not going to reduce the rates of offending and or re offending. What we know from experience, is that when the community finds out that a person that was previously convicted of sex offences are living in their neighbourhood, that person is denigrated, harassed, abused and all sorts of inhumane things are done to and/or towards them and posts are made on social media announcing this information. This is without the Registry being public.
There are many reasons that people commit these offences and you’re right, sometimes people make mistakes but genuinely learn from these mistakes and do everything in their power to rehabilitate themselves and receive the correct treatment. As you can see from our other posts, many people have not re offended in this way post-offence.
Being in custody for a substantial period of time and having your liberty taken from you is supposed to be the punishment; imposing a further “life long sentence” as you refer to it, is further punishment. These laws will not prevent offending whatsoever. People are not thinking about being placed on the Registry and/or future travel plans at the time of the offences.
Education, programs, counselling, support etc. is what is actually needed to guide people and support them through their rehabilitation and recovery.
Hi there, thanks for this great resource. I am a 51yo gay male from South Asia currently living in Melbourne.I was placed on the Sex Offenders’ Registry for life in 2010. I have a foot fetish and in 2009 I befriended online a boy who was 14 years and 8 months at the time and who also had a strong foot fetish. He liked to have his feet kissed and fondled while I liked kissing and ‘worshiping’ feet. I did not know his age at the time of my contact online but I continued to keep contact wit him even after I found out his real age. I met with him a couple of times to kiss his feet and suck his toes. There was no further physical contact, no escalation of the contact (over six months) and no nudity. The boy also sent me two unsolicited nude photos of himself.I was initially sentenced to 18 months imprisonment with 10 months without parole but upon appeal it was commuted to an 18 month good behavior bond and a fine of 750 dollars for the photos. I was also placed o the Sex Offenders’ Registry for life. I was not required to undergo the Sex Offenders’ course. The boy also did not provide a victim impact report.
My offense was due to my fetish for feet and not because I have a fetish for young boys. At the time of my contact with him, I was also in contact with several other males who shared my fetish and every one of them was over the age of 18. But unfortunately it was sufficient to condemn me for the rest of my life.
The registration has severely affected my life. I lost my career as a teacher (the boy was not a student) and has greatly curtailed my employment opportunities. I was fortunate that I have a loving family and a very supportive circle of friends but the trauma of the sentence and the attendant limitations placed on my life chances and choices has left me devastated. It is not an exaggeration to say that I think of the offense and regret it every single day as my current life constantly reminds me of what I have lost. I feel it is like a life sentence for what was essentially an act of stupidity.
My biggest problem, however, is the recent restrictions placed on overseas travel. My family (father and two brothers) and their support have been a major part of my rehabilitation and mental stability after the sentencing and I have been visiting them about once a year. It is something I have been looking forward to and is also the only foreign travel I have undertaken in the last 15 years.. This travel has become even more imperative now as my father who is 80 years old is suffering from the early stages of Parkinson’s and dementia. My visit means a lot to him and is something he looks forward to eagerly. I would dearly love to visit hm and spend a few weeks with him. With the new restrictions, I am not sure what kind of submissions I need to make in order to convince the authorities that I have a valid reason for travel and that I do not pose a threat to anybody. If I am not allowed to travel I will seriously consider renouncing my Australian citizenship and going back to my country of origin to be with my family.
I would be grateful for any advice you can provide. If you need further information please let me know. Thanks again for the great support you are providing.
Hi Shaun,
Thank you for sharing your experience with us. It is great to see that there is a lot of support out there and that you’re not alone and there are many other people in the same situation.
The changes to the law restricting travel have definitely had an adverse effect and creating additional restrictions on people’s libertu which seems very unfair especially in circumstances where you have already been travelling without incident.
I’ve had many clients that have previously travelled, now being refused without reason or explanation. The rights to review these decisions are very limited.
In relation to your submissions, you should include evidence of previous travel and detailed reasons as to why you do not pose a risk and why you should be able to travel. Part of this should include medical evidence confirming your father’s condition.
I hope this helps.
Hi I am a registered child sex offender My reporting obligations have finished I want to travel to Thailand with my wife for a 14 day holiday I am applying for a passport I am an Australian citizen Will I be able to get a passport and will I be able to enter Thailand
Thanks very much Sionea. Yes it helps a lot. I will get medical records of my father and also letters from my brothers. Will it help to get an assessment from a forensic psychiatrist?
Hi Shaun,
I’m glad that I could provide you with some useful information.
A forensic psychiatric report can only help with your application. If you are happy to pay for this report then you should definitely submit it with your application. Of course the report should acknowledge that the psychiatrist is aware of the offences, the treatment received and the risk of reoffending.
Hi Stephen,
Thank you for your comment.
You should be fine to travel and obtain a passport given your reportable period has finished however, this offence will remain on your record which may cause difficulties for some countries.
If your application is refused you can contact us to look at your options to appeal.
If you would like some more information and so that we may provide you with advice, please contact our office via email or call our office on 47222050.
Thank you.
Thank you very much Sionea. I shall do so.
You’re very welcome. If you would like more information, please feel free to contact us via email info(at)scblegal(dot)com(dot)au or call our office on 02 4722 2050.
I been on the sex offender register since 2009 doing 15 years for two child porn offenses. I wasn’t even convicted for these offenses and receive no fine or community service. Actually the porn when I downloaded was back in 2003 which was legal at the time and it was around 74 images with most of them duplications. Some of the porn was likely adults and naturists which is legal. My problem I am banned from international travel in seeing my filipino girlfriend who I been with since 2013 and on top I am banned from entry to the Philippines. In 2017 I had a new forensic psychiatric report and all the legal documents charge sheets 2009 forensic psychiatric report, updated police check was supply and I was declared a low risk. I been given no rehabilitation and back in 2009 the Justice department didn’t consider me a high a risk to do the sex offenders program. I do agree with Ray despite not been convicted or doing jail time and consider even a low risk by the Victorian Justice Department and 2017 forensic psychiatric report. I ranked worse as a terrorist for around 74 images the same sort of images you can find on a legal naturist website. Removing the duplications and the number would be around 37. My 2009 forensic psychiatric report at first consider me a low risk but the prosecutor demanded it be changed to low to moderate risk. I do believe this was done to prevented me from been remove from the register. Can you help even help me been removed from the register.
Hi Lou,
Thank you for your comment.
I’m sorry to hear about your unfortunate situation.
I received your email and have responded there to your enquires.
Hi Sionea, it’s me Shaun again. My second application to travel has also been knocked back despite providing what I considered was ample documentary support. I am currently in the process of seeking legal advice on how to proceed from here. At the same time I am also looking at the option of renouncing my Australian citizenship and returning to my country of origin to be with my family.
I do not have dual citizenship but I have been told that if I am willing to renounce my Australian citizenship, then I can regain the citizenship of my country of origin. I am assuming that if I renounce my Australian citizenship, I will be allowed to leave. Is that right?
Thanks so much for all your support and help.
Hi Shaun,
Thank you for your further comment.
I also received an email from you which I have replied to.
It’s sad that you have to consider renouncing your Citizenship because of these new restrictive laws.
I have not come across anything to suggest that you will be prevented from leaving the Country if you renounce your Citizenship. Essentially, if you renounce your Citizenship then you are technically in
Australia ‘illegally’ and leaving the Country could potentially be seen as “deporting” you.
I would seek confirmation in writing from the Department of Foreign Affairs that this is correct before doing so though.
I am sorry that I could not be of any more assistance in relation to your question.
Thank you,
Sionea
Thank you for your response Sionea. I am going to see a lawyer tomorrow and I will be able to find out more then. Thank you for all your support.
I was placed on register in 2011 for 15 years in Qld, I then moved to SA with my wife in 2012. I was then a reportable offender under the SA act.
My wife and I separated in 2016 and we had 2 children by this stage.
Qld changed the sex offenders act in 2016, so my reporting obligations were only 5 yrs and ceased in Dec 2016. I emailed SA police to explain this in Jan 2017 but they said I was under their reporting conditions which was 15 yrs(I was sentenced in QLD).
My wife passed away in May 2017 during separation and the in laws gained custody of my children due to my 15 yr reporting obligations.
In Aug 2018, I received a phone call from SA police stating Qld Police had called them stating my reporting obligations finished in Dec 2016. Hence I am no longer a reporter offender.
The issue is I have spend a lot of money in legal fees to get my children back which is still on going in court. They live with me now, but in laws still fighting in court with me.
Question, is this just a admin oversite by SA and Qld police or do I have any recourse to at least get compensation for legal fees?
I have spoken with a lawyer in SA and he said it’s an admin oversight and nothing can be done.
Hi Andy,
Thank you for your comment.
From what you have said, it appears that you did not commence Court proceedings seeking an Order for your children to live with you until after August 2018 once you found out that you were no longer a reportable offender. Is this correct? OR, is it the case that you had commenced the proceedings but the Court did not make an Order placing the children with you prior to this as you were believed to still be a reportable offender?
Can i just confirm whether a subpoena was issued to obtain details of your registration and reporting obligations? It is likely that these documents would have been subpoenaed which may have shown that you were no longer a reportable offender in December 2016.
Whilst I do not have the full details of your matter, where this has clearly caused hardship to you and you have suffered damage due to this “administrative error”, it is possible that you would have a cause of action to seek compensation. Of course, this would not be in the Family Law Courts as they had no direct relation to the error however, you may be entitled to recourse given the error and harm caused.
You should be able to speak with a No Win No Fee compensation lawyer in SA whom should be able to assist with this. It is always important to seek to resolve the matter without proceeding to Court and therefore writing to them directly seeking compensation may be of utility.
I hope this assists.
Thank you,
Sionea
Thanks Sionea,
My wife got an ex parte order (family court)24 hrs before she passed stating kids live with in-laws due to my reporting obligations. My Solicitor and myself were not party to these proceedings.
I didn’t contest due to my Solicitor stating kids couldn’t live with me due to my reporting obligations.
I commenced legal proceedings(family court) in May 18 when my reporting offIcer informed me there was nothing in the act that prevented the kids living with me.
Do you recommend anyone in Adelaide I could contact then in this matter.
Thank you.
Hi Andy,
Thank you for providing further information.
Regrettably, I am unable to recommend anyone in particular in Adelaide. I do not feel comfortable recommending someone to you when I am not familiar with their competence. My advice is that you look for firms that deal with compensation and that provide their services on a no win no fee basis. You should look at their reviews on google and social media sites to ensure others are happy with their service.
You could also call the law society and ask for the details of 3 solicitors that specialise in the area of law you require.
I hope this assists.
I was incarcerated for 2 months. Laughable the least by other offenders who were incarcerated with me. Prison did bring a new outlook to me though. Now I know how to make booze out of fermented oranges and how to smoke teabags if there is a need for one. All in all putting a person in for 2 months just because you can is silly. I am out now and am on the sex offenders registry. I am a permanent resident. Dont even know whether I can apply to be a citizen. But I cant travel back to see my own family now. An offence which has put me into jail for two months is actually more of a lifelong improsenment in the country where I came to have a better life.
What should I do ? Can I apply for citizenship ? Or should I just give up and go back to my country ?
Hi Need Answers,
Thank you for your comment. You’re absolutely right; for low level, low risk offenders, being in jail can cause more bad than good.
The sex offenders register is definitely more of a punishment than the prison sentence itself.
In terms of getting Citizenship, this may be difficult given your criminal record is taken into account when determining a person’s character. This will probably be your biggest hurdle to overcome in terms of Citizenship.
I cannot tell you whether you should apply for Citizenship or return to your home Country, this is a decision that only you can make.
I’m sorry that I cannot be of more assistance but I wish you well with whatever decision you make.
Thank you,
Sionea
My partner was found guilty of indecent treatment of a child under 12, he definitely is innocent but we didn’t have enough proof. Will be be allowed to live with me and his step children once released?
Hi Jane,
Thank you for your comment.
The prosecution are required to prove their case beyond reasonable doubt which is a very high threshold.
When you say that you did not have enough evidence to prove his innocence, what do you mean by this because he shouldn’t have to prove anything.
It may be a condition that he not be in contact with children unsupervised. This would mean that he can be at the residence provided he is supervised at all times. This is something he will need to speak to his parole officer about.
I cannot give definite advice as I do not know the matter and all of the facts. All I can give you is general information.
My advice would be to speak with his parole officer to determine whether he can reside with you and your son.
It should be important to note though that community services may intervene and may require him not to live there. It is important for you to comply with their directions so that you do not risk having your son removed.
I hope this helps.