Sex Offenders Registration Exemption – Are you eligible?
Sex Offenders Registration Exemption – Get removed and get off the sex offenders register. If you have been placed on the sex offence registry, were under the age of 20 at the time of the offending that resulted in you being placed on the registry and it was mandatory at the time that you be placed on the sex offence registry, it may be the case that we can assist you in making an application to be removed.
Being a registered sex offender can have a great impact on your life.
As a registered sex offender you will need to constantly keep the police updated on the personal details of your life. These details include but are not limited;
- Where you live,
- The details of any children you come in contact with,
- The vehicle that you drive and
- Even any internet names that you might use on social media or other parts of the internet.
- You will have to report 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.
- You will have to provide passports and possibly even show tickets and other travel documents so that the police know where you are.
- For the duration of the time that you are forced to be 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 on the registry.
You need to make an appointment with Dribbin & Brown Criminal Lawyers right away so that they can help you apply for a Sex Offenders Registration Exemption. It is not a simple process, but they have it covered.
Sex Offenders Registration Exemption
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 very much in the hands of the magistrate or judge who will make the decision. The decision is based on a number of factors and how they all relate to each other. It is a very subjective process, so making the application correctly is key.
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, unless of course you were placed on the registry before the March 2018 amendments and then it is 2 years (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 anytime, so if you have missed the deadlines, contact out office to further discuss.
You may be successful in you application if you can show the following:
- You were 18 or 19 years of age at any time during the commission of the offence and at all time during the commission of the offence you were not more than 19 years of age.
- You have not been found guilty of certain other registrable offences.
- You have not been previously had 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 to which your application relates.
- You are not a corresponding registrable offender or a NSW registrable offender.
There was not more than one victim in the offence you are applying about unless the offence relates to possession of child abuse material or child pornography.
- You are not applying in relation to more than one offence unless each offence relates to child abuse material or pornography or each offence was committed against the same victim.
- The victim of the offence regarding which you are making the application was of or over the age of 14 at the time of the offence.
- The any person depicted or described in material in relation to the offence ( for example, child abuse material or pornography) relevant to which you are making the application is 14 years of age or over the age of 14 years at the time of the offence.
- There are also further matters to which you must satisfy the court in order to have a successful outcome.
These further matters are very much dependant on the opinion of the court and are subjected 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 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 relevant to your application.
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 cognitive impairment or mental illness at the time of the offending.
- Whether you 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 your sentence at the first instance, for the offence to which the application relates. 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 can mean 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 and filed properly, as well as properly served on the Chief Commissioner of police.
Sex Offender Registration Exemption – If the Application is Successful
If your application is successful then a Registration Exemption Order will be made by the judge or magistrate 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 consequences of any future offending be affected by the order. Future offending can get you right back on the register.
Sex Offender Registration Exemption Order – What to do next?
If you are on the sex offenders register and you believe that you might have reason to successfully apply for a sex offender registration exemption from being on the register, the best thing to do right now is to contact Dribbin & Brown Criminal Lawyers. 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, any application needs to be prepared properly. Call Dribbin & Brown Criminal Law today 03 8644 7320 and make sure that you are getting the best advice taking account of your specific circumstances, every application is different and subsequently getting experienced and tailored advice is so important.