Who should go on a national child sex offender register? Questions remain as funding arrives soon

Funding for a national register of child sex offenders will start next month. Most people support it for serious predators but what would it mean for sexting teenagers?

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Plans to create a national child-sex offender register that could include the names, faces and “general” location of perpetrators are still in the air despite funding for the proposal to start on July 1.

Home Affairs Minister Peter Dutton wants to create the register but the move will need the support of states and territories.

Already the Labor government in Mr Dutton’s home state of Queensland has raised concerns.

SA Attorney-General Vickie Chapman told The Advertiser discussions between the Commonwealth, states and territories needed to continue.

“I look forward to participating in the continuing discussions and consultation on this proposal because this is a substantial issue within our community and one I know South Australians are concerned about,” Ms Chapman said.

Law Society of SA president Amy Nikolovski said she supports the register in principle but caution must be exercised to ensure it captures only those who pose a demonstrated risk to the safety of children.

“The limited deterrence impact of national sex offence registers in other countries demonstrates that a register is not in itself a solution to the problem,” Ms Nikolovski said.

She said the decision to place a person on a child sex register should fall to the discretion of the courts.

“It should not be an automatic process,” she said.

“There are circumstances where an offender should not be listed on the register even if technically committing a child sex offence.

“This can include, for example, a 19-year-old who has consensual sex with their 16-year-old partner, or where a 16-year-old sends a nude photo to a boyfriend or girlfriend.”

In January, the man known as “XX” and the masked brothers called “A” and “B” said a register would better inform Australian parents, leading to greater protection for children.

XX said public exposure had prevented the Supreme Court from releasing his abuser, Colin Charles Humphrys, to live at an undisclosed address near schools and playgrounds.

Court sketch of child sex predator Colin Charles Humphrys. Artwork: Tim Ide.

“There is ‘freedom of information’ on the internet but it’s the wrong kind of free — you can find the most disgusting material but not the information you need,” he said.

A Home Affairs spokesman said the 2019 Budget committed $7.76 million over four years beginning 2019-20 to the Australian Criminal Intelligence Commission to develop a technical system for the National Public Register.

The spokesman acknowledged the register would require federal and state law and policy reform, meaning the nationwide implementation relied on the passage of new laws, possibly at both levels of government.

“The Government is committed to working with and supporting all states and territories to ensure the National Public Register is implemented effectively across Australia,” he said.

Originally published as Who should go on a national child sex offender register? Questions remain as funding arrives soon