Criminal law
The child protection register in NSW
Registration is the consequence people understand least and feel longest. It is not a penalty imposed for the offence, it runs for years or for life after the sentence is finished, the reporting obligations are detailed and unforgiving, and failing to comply is a criminal offence in itself. The rules changed substantially on 29 September 2025, and anyone advised before that date is working from an outdated picture.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Our lawyers include former prosecutors. We appear in Local Courts across New South Wales and in the District Court.
Who becomes registrable
Registrable offences are divided into two classes. Class 1 covers the most serious, including sexual intercourse with a child and the murder of a child. Class 2 covers a wider range, including sexual touching of a child, grooming, kidnapping a child, child abuse material offences, and slavery or forced labour involving a child.
What changed on 29 September 2025. Registration used to follow automatically by operation of the legislation. It is now made by an order of the sentencing court. For an adult, the court must make the order where any sentence other than a non-conviction order is imposed. For a young offender, an order is made only where the prosecution asks for one and the court is satisfied the young person poses a risk to the sexual safety of children. Several of the reporting timeframes also tightened.
The practical consequence of that change is significant for adults facing charges at the lower end of this area. Where a non-conviction order is available, it is now the difference between registration and no registration, which makes the sentencing outcome worth far more than the penalty attached to it.
How long it lasts
| Offending | Reporting period |
|---|---|
| A single Class 2 offence | 8 years |
| A single Class 1 offence, or multiple offences below the lifetime threshold | 15 years |
| Serious repeat offending | Life |
These periods are halved for a person who was under 18 at the time of the offence. Where a sentence of imprisonment is imposed, the reporting period does not begin until release from custody, so a long sentence and a long reporting period run consecutively rather than together.
What you actually have to do
This is the part that is consistently underestimated. The obligations are continuous, they cover ordinary aspects of daily life, and each failure is an offence.
- An initial report within five days of sentencing, release from custody, or arrival in New South Wales
- An annual report, including any time spent in government custody since the last one
- Any change to your personal information within five days. That covers name, address, employment, vehicles, and more
- Any contact with a child within 24 hours. This includes supervising or caring for a child, living in a household with one, exchanging contact details, and attempting to establish or continue contact. It is far broader than most people assume and it captures ordinary family and social situations
- All online accounts and usernames, and changes to them
- Travel, both within Australia and overseas, with notice requirements that differ depending on the destination and duration
Failing to comply is a criminal offence carrying up to five years. Most breaches are not deliberate concealment. They are a missed date, an unreported change of address, a new social media account, or contact with a child that the person did not realise had to be reported. That does not make them any less prosecutable, and the courts treat repeat non-compliance seriously.
Prohibition orders
Separately from the reporting obligations, a court can make a child protection prohibition order against a registrable person where satisfied there is a risk to the sexual safety of children.
- An order can prohibit specified conduct, including being in particular places, engaging in particular employment, or associating with particular people
- Orders can run for up to five years for an adult and two years for a young person
- A contact prohibition order can separately prohibit contact with victims or co-offenders
- Breaching an order is a criminal offence
These applications are contested proceedings with evidence, and they can be opposed, narrowed or varied. They are not something that simply happens to a person.
Working with Children Check
Registration and the Working with Children Check are separate schemes that frequently apply to the same person. A conviction for a disqualifying offence ends eligibility, and an interim bar can be imposed on the strength of a charge alone, before any finding is made. Where employment or a career depends on it, the check needs to be addressed alongside the criminal matter rather than after it.
What can be done
Before sentence
Since the September 2025 changes, whether an order is made turns on the sentence imposed. Where a non-conviction order is realistically available, the entire registration question rides on it, and that is an argument to be prepared properly rather than raised in passing.
For a young person
An order is only made where the prosecution seeks one and the court is satisfied of a risk to the sexual safety of children. Both limbs can be addressed with evidence, and this is now a contested question rather than an automatic consequence.
Charged with failing to comply
The elements have to be proved, including that you were given proper notice of the obligation said to have been breached. Notice requirements are technical and are not always met.
Facing a prohibition order
These are contested proceedings. The scope, the duration and the specific conditions can all be argued, and an order drafted more narrowly can be the difference between keeping employment and losing it.
Interstate and overseas offences
A person can become registrable in New South Wales for an offence committed in another Australian jurisdiction or overseas, or for an offence predating the legislation. Whether the offence corresponds is a question capable of being examined.
Advice on the obligations themselves
A significant number of breach prosecutions arise from people who intended to comply and misunderstood what was required, particularly around contact with children and online accounts. Getting the obligations explained properly is worth doing before something goes wrong.
More on child sexual offence and child abuse material charges.
Common questions
Is registration part of my sentence?
No. It is a separate consequence, and since September 2025 it is made by an order of the sentencing court rather than arising automatically. It begins after any custodial sentence is served, so a long sentence and a long reporting period run one after the other rather than together.
Can I avoid being registered?
For an adult, the order must be made where any sentence other than a non-conviction order is imposed. That means the whole question turns on whether a non-conviction outcome is available, which at the lower end of this area it sometimes is. For a young person, an order is only made where the prosecution seeks it and the court is satisfied of a risk, and both are open to argument.
How long will I be on it?
Eight years for a single Class 2 offence, fifteen for a single Class 1 offence or for multiple offences below the lifetime threshold, and life for serious repeat offending. The periods are halved for a person who was under 18 at the time of the offence.
Does the public have access to the register?
No. The register is a police intelligence tool and it is not published. That does not prevent information becoming known through other means, but there is no public list.
What counts as contact with a child?
Far more than people expect. It includes supervising or caring for a child, being in a household with one, exchanging contact details, and attempting to establish or continue contact, and it has to be reported within 24 hours. Ordinary family and social situations are caught. If you are unsure whether something has to be reported, get advice before the deadline rather than after it.
I forgot to report a change of address.
That is capable of being an offence carrying up to five years, and most breach prosecutions are exactly this rather than deliberate concealment. The prosecution still has to prove the elements, including that you were properly given notice of the obligation, and those requirements are technical. Get advice rather than assuming there is nothing to be done.
I was convicted interstate. Does the register apply here?
It can. A person can become registrable in New South Wales for an offence committed in another Australian jurisdiction or overseas, and for offences that predate the legislation. Whether a foreign offence corresponds to a registrable offence here is a question that can be examined.
What should I bring to a first appointment?
Any notice police have given you setting out your obligations, any court order, the sentencing remarks if you have them, and any correspondence about a prohibition order or a Working with Children Check. If you have been charged with failing to comply, bring the court attendance notice and fact sheet.
Most breaches are misunderstandings, and they are still prosecuted
The obligations are broader than people are told, the rules changed in September 2025, and a missed deadline carries up to five years. Whether you are facing sentence, facing a prohibition order, or unsure what you are required to report, speak to us.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Suite 3.13, 33 Lexington Drive, Bella Vista NSW 2153. Courts we appear in.