Under Australian passport legislation, a reportable offender is a person whose name is on a state or territory child protection offender register. The person also has current reporting obligations connected to that entry.
It's a Commonwealth offence to travel overseas without written permission from a competent authority if you're an Australian citizen and a reportable offender.
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. You’ll need to seek permission from a competent authority to travel overseas.
Penalty for travelling without permission
If you try to leave Australia without permission, authorities may seize your passport. They may also detain and prosecute you.
This offence is punishable by imprisonment and/or a fine.
You may also be subject to additional proceedings under state or territory laws.
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.
Who can grant permission
Only competent authorities can grant permission to travel.
The Department of Foreign Affairs and Trade (DFAT) only acts on the requests of a competent authority. 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.
All Australian passports remain the property of the Commonwealth. Australian passports issued to reportable offenders may be 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. They can ask DFAT to:
refuse to issue you a passport
cancel your 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.
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.
If you’re planning to travel outside Australia
You’ll need to get a new passport if your 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 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 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 requests refusal of your application, DFAT can’t issue you an Australian passport. If that occurs, we’ll write to you advising that your application has been refused. A refusal based on a competent authority request is not a reviewable decision. In the case of such a refusal, 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 if you have permission to travel, DFAT will seek written advice from the competent authority before we process your application.
We advise you to seek permission to travel by applying to the competent authority at least 3 months before your desired travel date. You should also lodge your application with as much notice as possible. Don’t book any travel before receiving your passport.
The Australian Federal Police (AFP) may tell overseas law enforcement about your planned and actual travel.
Foreign law enforcement can act based on their laws and rules. This may result in you being refused entry to that country or your visa application being denied. Check with the embassy or consulate of your destination about their requirements. Find out how being a reportable offender may affect your eligibility for entry.
Government agencies, like the AFP and DFAT, aren't responsible for any consequences you might face in this situation. This includes any financial loss you might incur.
Failing to declare information required by a foreign country may be an offence in that country. This may lead to criminal charges and authorities denying your visa or entry.
