Under Australian passport legislation, a reportable offender is a person whose listed on a state or territory child protection offender register who has current reporting obligations connected to that entry.
Before planning overseas travel
Australian citizens who are reportable offenders should check these key points before planning or booking overseas travel.
Get permission to travel overseas from your competent authority.
Apply for permission at least 3 months before your planned travel date.
Don't make bookings until you have permission to travel and the required passport or travel document.
Your competent authority is the Australian police agency you report to in the state or territory where you live.
The Department of Foreign Affairs and Trade (DFAT) can't grant permission to travel. DFAT may need advice from your competent authority before issuing you a passport.
If you're an Australian citizen and a reportable offender with current reporting obligations, you need permission from a competent authority before travelling overseas.
It's a Commonwealth offence to travel or try to travel overseas without this permission.
The officer you report to as part of your obligations can tell you who your competent authority is and how to contact them. You can also check online for information specific to the state or territory you live in.
You may be on a child protection offender register for reasons other than a child sex offence. If so, these measures still apply to you.
If you don't have any current reporting obligations, you can leave Australia without permission from a competent authority. You must not be subject to any other orders that stop you from leaving Australia.
Penalty for travelling without permission
If you try to leave Australia without permission, border officials may seize your passport. They may also detain or prosecute you.
This offence is punishable under Commonwealth law by imprisonment, a fine, or both.
State or territory authorities may also take legal action against you.
Who can grant permission
Only competent authorities can grant permission to travel overseas to a reportable offender.
DFAT only acts on the requests of a competent authority when refusing to issue a passport to, or cancel the passport of, a reportable offender. Before lodging your application for an Australian passport, we recommend you get permission to travel from your competent authority.
The competent authority may ask DFAT to issue a limited-validity passport or another type of Australian travel document. This will depend on the circumstances.
Australian passports issued to reportable offenders may become subject to mandatory cancellation in certain circumstances.
If you're a reportable offender, a competent authority can make a request about any passports you hold. DFAT must act on these requests. They can ask DFAT to:
refuse to issue you an Australian passport
cancel your Australian passport and demand its surrender, regardless of your location
make an order for you to surrender your foreign travel document.
A competent authority can also make an order for you to surrender your foreign travel document if you're a reportable offender and an Australian dual national.
You’ll need permission to travel overseas, even if you're allowed to keep your passport or foreign travel document.
If your passport is cancelled while you're overseas, you can apply for a limited-validity travel document at an Australian embassy or consulate. This document will allow you to return to Australia. Border officials may seize it when you arrive in Australia.
You don't need permission from a competent authority to get a travel document to return to Australia. But DFAT may tell the competent authority about your application.
When you need a new Australian passport
You’ll need to apply for a new passport when your current passport has been cancelled or is no longer valid, and:
you have permission to travel
you expect to get permission to travel, or
you're undertaking overseas travel, and don’t have any current reporting obligations.
If DFAT cancels your passport, you can’t reactivate or use it. You’ll have to apply for a new passport and pay the full application fee, including any surcharges.
If you try to use a cancelled passport to travel, border officials will seize it, and you won't be able to use it to travel. It's an offence to use a cancelled Australian travel document in connection with travel or identification under s 32(1) of the Australian Passports Act 2005 (Cth)(Opens in a new tab/window).
If you’re not sure whether your passport is valid, contact us to check the status. You won’t need to identify yourself as a reportable offender.
Applying for a new passport
If you’re applying for a new passport, you don’t need to declare that you're a reportable offender when you lodge your application. You also don’t need to show any permission to travel that you may have received from your competent authority.
Your application will be referred to a specialist team in the Australian Passport Office. We’ll seek advice from the competent authority before issuing you a passport. We may contact you to discuss your application further.
If a competent authority asks DFAT to refuse your application, DFAT can’t issue you an Australian passport. If this happens, we’ll write to you to tell you that your application has been refused. A refusal based on a competent authority request is not a reviewable decision. In this case, the passport application fee is not refundable.
Timeframes
Where a competent authority has made a refusal or cancellation request, standard processing times don’t apply. Even with permission to travel overseas, DFAT will seek written advice from the competent authority before we process your application.
Apply to the competent authority for permission to travel at least 3 months before your planned travel date. You should also lodge your application as early as possible. Don’t book any travel before receiving your passport and permission to travel.
The Australian Federal Police (AFP) may tell overseas law enforcement about your planned and actual travel.
Foreign law enforcement agencies can act based on their laws and rules. This may affect your ability to enter or remain in another country. For example:
your visa application may be refused
you may be denied entry to that country
you may be charged with an offence for not providing required information.
Check with the embassy or consulate of your destination about their requirements. Ask how being a reportable offender may affect your eligibility for entry.
Government agencies, including the AFP and DFAT, aren't responsible for any consequences you might face in this situation. This includes any financial loss you might incur.
