Australians are renowned for their love of travel. Sadly there are some Australians who travel overseas to sexually exploit children. To protect children overseas, the Australian Government has created offences for this behaviour under the Commonwealth Criminal Code Act 1995.
It is a crime for Australian citizens, permanent residents or bodies corporate to engage in, facilitate or benefit from sexual activity with children (under 16 years of age) while overseas. These offences carry penalties of up to 25 years imprisonment for individuals and up to $500,000 in fines for companies. The AFP has a role in preventing, disrupting and investigating Australians who are associated with such offences, in conjunction with relevant State, Commonwealth and international law enforcement partners.
These offences have provisions applying an extended geographical jurisdiction that enables offences committed overseas to be investigated and prosecuted in Australia. Other offences contained in the Commonwealth Criminal Code Act 1995 include reference to offences associated with using a carriage service (for example, a mobile phone or the internet) to commit offences related to the sexual exploitation of children. Again, these offences have extended geographical jurisdiction so that they will be investigated and prosecuted in Australia.
In April 2010, the Australian Government introduced changes which increased the penalties that apply to these offences and introduced a new offence. It is now an offence to prepare for or plan to commit a child sex tourism offence, or to groom or procure a child for sexual activity overseas. These offences allow law enforcement to intervene before a child is abused. The offences carry penalties of up to 15 years imprisonment.
The Australian Federal Police actively monitors and prosecutes those involved in child sexual exploitation in travel and tourism. Convictions often result in significant jail sentences.
The AFP Annual Report contains further information regarding the AFP's activities to combat child sexual exploitation in travel and tourism.
As part of the Bali Process the AFP also provides training and capacity building to law enforcement agencies within the region to combat child sexual exploitation in travel and tourism and related offences.
Reporting child sexual exploitation in travel and tourism
Assist the AFP in combating this global problem. Use our online form to report information regarding child sexual exploitation in travel and tourism.
AFP policy in relation to international travel of Australian Registered Child Sex Offenders
Each State and Territory has laws that set out who becomes registered on the National Child Offence System (NCOS) as a ‘Registered Offender’. These laws also prescribe when a person ceases to be a Registered Child Sex Offender.
A Registered Offender must report intended travel outside of Australia. The State or Territory Registrar is obliged under State and Territory law to advise the Australian Federal Police (AFP) with a copy of this report.
In accordance with its functions as set out in the Australian Federal Police Act 1979 (Cth), including crime prevention, the AFP may provide information relating to a Registered Offender’s international travel to a Foreign Law Enforcement Agency.
The AFP’s current policy in relation to a Registered Offender’s intended international travel is that notification will occur in most circumstances. This policy also relates to cruise ships departing from Australia travelling to International destinations.
The notification includes:
- the offence(s) and sentence for which the Registered Offender is registered
- registration period
- travel details
Whenever the AFP provides such information, it is a decision for that foreign law enforcement authority as to what actions they may take, including denying entry to their country.
The AFP recommends that Registered Offenders seek advice from the relevant country or Cruise Ship operator prior to travel to ensure they confirm to their entry or travel requirements. Compliance with this will more than likely prevent the unnecessary loss of travel costs including airfares and accommodation.
Registered Offenders can request the AFP provide an advanced decision in relation to whether notification of International Travel to Foreign Law Enforcement Agencies will occur.
An advance decision can be requested by contacting the AFP at [email protected].
A request for advance decision must include full travel details including accommodation and travel companions.
Although the AFP may decide not to notify on that occasion, the AFP reserves the right to change this decision should additional information come to light prior to travel.
Additionally the Registered Offender is still obliged to disclose criminal convictions, when requested, to any immigration authorities and that it is ultimately a matter for the foreign jurisdiction as to whether they will allow entry or not.
Seeking an advanced decision from the AFP does not remove the Registered Offenders obligation to notify the relevant State or Territory Registrar of travel.