Can You Travel As A Registered Sex Offender

Written by Bill Doogue, Partner, Doogue + George Defence Lawyers.

We have just acted in a matter for a customer who wanted to travel overseas while listed on the Sexual activity Offender Register. Recent legislative changes require registered offenders with reporting obligations to obtain permission from a competent authority to travel internationally.

Our customer had initially made the application for permission to travel by himself, which was unfortunately not the best motion, and was verbally told that the application would be refused. As soon as our client contacted us nosotros immediately filed written submissions and were able to have permission for travel granted within 5 days from the Sex activity Offender Registry.

Getting permission to travel when on the Sex Offender Registry

The amendments to the laws for travelling when on the Annals mean that the starting position is that yous are unlikely to have overseas travel approved at all. As it is early days there is no body of rulings even so equally to what is a good enough reason or a safe plenty place for people to travel to.

The amendment to s271A of the Criminal Code Act 1995 (Cth) has made it a criminal offence for an Australian Citizen with reporting obligations in connexion to whatever State or Territory Sex activity Offender Register to leave Australia without the permission of a 'competent dominance'.

To employ for this permission from the Sex Offender Registry , you should seek our legal advice at the primeval opportunity to ensure that yous are post-obit the required procedure and putting your best case forward.

We would have a conversation to and asking a copy of the travel application grade from your Registry example worker, and work with you to obtain your personal instructions, relevant details and supporting documentation. This is then submitted to the Sexual practice Offender Registry.

The Sex Offender Registry has delegated ability to approve or pass up this application.

If your application for travel is approved, y'all may still face difficulties at international community points. This is something that nosotros tin can advise you about and help you to take all the documents that will help y'all to limit any troubles you may run across trying to become into the foreign land.

Should your application exist rejected, you volition receive a letter from the Sex Offender Registry. Nosotros would then consider filing a request for a formal argument of reasons for the refusal under s13(ane) of the Administrative Decisions (Judicial Review) Human action 1977 (Cth), which must be produced by the conclusion-maker within 28 days.

Once the grounds are received, you might then seek to appeal the travel refusal to the Federal Court on the grounds of judicial review: southward 5 Authoritative Decisions (Judicial Review) Act 1977 (Cth).

Getting Legal Advice

If you lot are a person affected by these changes to the Sex offender registry, yous should seek our legal advice when yous kickoff thinking of travelling. If you take been recently placed on the Sex Offender Register and have reporting obligations, we should endeavor and apply for permission to travel early as early as possible to meliorate your future chances. It may be necessary to accept a number of attempts to get permission and and so it is of import that you do not book and pay for your travel before you get legal communication. Otherwise, you may cease upwardly wasting your money on trips that you can non take.

There is much to practise including:

The brief of prove relating to the original charges;
Psychologist and/or health reports;
Current grapheme references;
New risk assessments.

In that location is also the possibility of applying for suspension of reporting conditions depending on the circumstances.
Please contact us and have a word about these problems.