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)

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Introduced by: The Hon Tara Cheyne MLA (ALP) — Attorney-General, Minister , Minister for City and Government Services, Minister for Human Rights, Minister for the Night-Time Economy

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 for child sex offender registration now include previous versions of those crimes, even if the law was amended or remade, as long as the crime is basically the same.
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, including their intent to plead guilty or information given for a pre-sentence report, while a pre-sentence report is pending and before a guilty verdict or plea.
Approved mental health or community care facilities can return a person who breaks a conditional release order (including a condition requiring them to live there); the facility must notify the ACAT and chief psychiatrist in writing.
The director-general must report yearly to referring agencies within 20 working days after the end of the financial year on the number of restorative justice conferences, referred offences, 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.
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.

The Debate

What different members said when this bill was debated:

Tara Cheyne ALP

“I move: That this bill be agreed to in principle. I am pleased to present this bill to the chamber. It is a significant bill that introduces a number of amendments that will help improve the community’s engagement with the criminal justice system.”

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