ACT Courts Can Order Pre-Sentence Reports for Guilty Pleas, Sex Offender Registry Expanded, and Restorative Justice Must Be Reported

Crimes Legislation Amendment Bill 2025 (No 2)

Introduced by: Tara Cheyne (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

The list of class 1 and other registrable offences for child sex offenders is updated; this includes crimes like servitude and child exploitation.
References to class 1 or 2 offences now include previous versions of those crimes; this applies even if the law was amended or remade.
Privacy protections for people being photographed for the sex offender register are limited to what is practicable.
Pre-sentence reports are generally inadmissible in court; if a magistrate sees an inadmissible report, they must be replaced unless all parties agree.
It is a criminal offence to publish sensitive information about a defendant while a pre-sentence report is pending and before a guilty verdict or plea.
Mental health or community care facilities can return a person who breaks a conditional release order; the facility must notify the ACAT and chief psychiatrist in writing.
The director-general must report yearly on the number of restorative justice conferences and eligible participants.
Review dates for unexplained wealth provisions are extended to 2027, 2028, and 2029.
The Magistrates Court can now order a pre-sentence report if a person indicates they intend to plead guilty.
Pre-sentence reports ordered after a person indicates a guilty plea are generally not allowed in court. If a report is not allowed, the magistrate who received it cannot be the one to decide the case unless all parties agree.
Publishing sensitive information about a person's intent to plead guilty, or information given for a pre-sentence report, is now a crime. This applies while the court is still deciding the case.
Police and prosecutors cannot use sensitive information about a person's intent to plead guilty or their pre-sentence report to investigate or prosecute a crime.
Approved mental health or community care facilities can return a person to the facility if they break a release condition that requires them to live there.
The Director-General of Restorative Justice must report to referring agencies within 20 working days after the end of the financial year. This report must show the number of referred offences, eligible victims and offenders, and conferences held.
For child sex offender registration, a class 1 or class 2 offence now includes older versions of that offence, as long as the crime is basically the same.
People photographing registrable child sex offenders must respect the offender's privacy as far as practicable.