News / Words from Craig
What is ANCOR Australia?
Craig Caldicott talks us through the Australian National Child Offender Register and why it may need reform
ANCOR stands for the Australian National Child Offender Register. It’s sometimes reffered to as the “Child Sex Offenders Register” and is governed by the Child Sex Offenders Registration Act 2006 (SA).
If you commit a sexual offence against a child, you go on the ANCOR, sometimes for 8 years, sometimes for 15 years, and other times for life.
People on the register can be subject to different lengths of reporting and are placed under strict conditions. Some of the obligations include advising Police:
1. Residential address and other addresses where he or she can generally be found.
2. Employment including nature of work and name of employer.
3. Details of social media accounts.
4. Affiliation with any clubs or organisations that have child membership (for example local sporting clubs).
5. Details of any tattoos.
6. And much more…
Those on the register can also be subject to Police attending and looking at all electronic equipment (like phones, laptops, tablets, USBs, the list goes on and on).
If the Police discover a breach of the strict conditions under the Act, they may issue a summons for the person to attend in Court. In some cases, that may mean facing additional and immediate gaol time.
There is the ability, in some cases, to make an application to the Supreme Court against the making of a child sex offender registration order. An appeal to the Administrative and Disciplinary Division of the District Court is also a possibility in a narrow range of cases. Even in the case of a successful application, this can result in the order being revoked, reporting obligations being suspended (but registration continuing), or the Court refusing the application. I have previously been successful in making an application to the Supreme Court for my client to be removed from the register, but it was incredibly difficult.
The complexity of the ANCOR legislation and the application of different provisions to different cases highlights the need for specific advice
I think that this area could benefit from some reform, including consideration of changes to the categories of registerable offender, and giving Judges greater discretion in sentencing including allowances for home detention and suspension of prison sentences.