Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a question about the Australian child sex offender…

Customer Question
Hi, I have a question...
Hi, I have a question about the Australian child sex offender register in NSW. If a foreign national from Switzerland with dual citizenship (Australia and Switzerland) has been convicted of a child sex offence in Switzerland, while living and working in Switzerland, but plans to take a holiday in Australia for less than 30 days, is he/she able to enter and leave Australia for the purpose of that holiday?He/She is not required to report to local authorities in Switzerland and is permitted travel overseas (has already travelled overseas for holidays once, but not to Australia). He/She was sentenced to pay a fine for the crime, which is paid in full, but NOT to a prison term. He/She is still on parole at the time of travel and for a few more months afterwards, but has no local reporting resposibilities or travel restrictions. He/She is presumably registered on the Swiss criminal registry. Is he/she then also automatically entered onto the child sex offender register/ criminal register in Australia or NSW and so barred from entering or leaving Australia for a holiday?Thanks you for your response.
Submitted: 6 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
1/9/2018
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 6 months ago

this situation will depend if the person declares their criminal record on the entry card

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
Thank you. On the entry card, the question about previous criminal convictions is to be filled out by people, who are NOT Australian citizens only, correct? This person is Dual citizen, Swiss AND Australian. How does this affect the situation? He/She plans to enter NSW for his/her holiday.
Solicitor: John Melis, Lawyer replied 6 months ago

that's a good question.

if he enters on an Australian Passport that is not required.

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
Ok Thank you, ***** ***** in all, am I safe to assume then that he/she can enter AND leave Australia, under the circumstances described without being stopped at the airport or any legal trouble? The new law barring registered child sex offenders with reporting obligations from leaving the country would also not apply here? Since, if he/she enters on an australian passport and so is not required to give information regarding previous convictions, he/she would then not be registered on the NSW child sex offender register. Is this correct?This is my last question, thank you John.
Solicitor: John Melis, Lawyer replied 6 months ago

if the overseas country has issued notice to Australia, and that persons enters on an Australia Passport, they will be detained at immigration

does this answer your question today ?

I have extended a special offer to talk on the phone if you prefer

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
What would happen if he/she is detained at immigration in this case? Why would he/she be detained at all if she/she is permitted to travel under the sentence of the overseas country? Would the new law regarding child sex tourism apply here? Even if this persons next country of destination is his home country of Switzerland?Thank you, ***** ***** query is almost over as soon as I clear this up. Thanks
Customer reply replied 6 months ago
under what circumstances would the Swiss government notify the Australian government of the crime committed?Thank you, ***** ***** question is answered, I am satisfied with my response. Thank you very much and have a pleasant day.
Solicitor: John Melis, Lawyer replied 6 months ago

would you like to talk on the phone and I can explain in detail for you

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
Hi John, my phone is broken I cannot talk on the phone at this time unfortunately. My only question is: Does the new law affect the person from leaving the country and would this person be on any australian criminal register under no special circumstances?
Solicitor: John Melis, Lawyer replied 6 months ago

its like this, any sey offence which is recorded overseas, the person can also face criminal charges in Australia. So it could be a dual hit on the person.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,327 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
If my husband is on SO reg in your country, we reside
Hi, if my husband is on SO reg in your country, we reside overseas, he plans to visit Australia. Can he be refused leaving the country? He has 5 year residency in European union country. I am EU citiz… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Have an expired British passport, I'm a permanent resident
Hi have an expired British passport, I'm a permanent resident of Australia. I would like to travel this year, do I apply for a dual citizenship or just become an Australian citizen and get an Australi… read more
John Melis
John Melis
Lawyer
3,327 satisfied customers
Leon, I opened a new question, Its the same person here who
Hi Leon,I opened a new question, Its the same person here who just asked about travelling overseas from switzerland to Australia, if that person had previous conviction as a child sex offender in Swit… read more
John Melis
John Melis
Lawyer
3,327 satisfied customers
If a crime is commited overseas and the person who committed
Second opinion] If a crime is commited overseas and the person who committed the crime wishes to travel to Australia for holidays and is allowed to do so under his/her probation, will he/she be arrest… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Under what circumstances will double jeopardy apply if a
Under what circumstances will double jeopardy apply if a person has been found quilty and convicted to a monetary fine overseas, has paid that fine, but is still under a probationary period, and plans… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have a question about the Australian child sex offender
Second opinion] Hi, I have a question about the Australian child sex offender register in NSW. If a foreign national from Switzerland with dual citizenship (Australia and Switzerland) has been convict… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I am interested to know the impact of overseas divorce in
I am interested to know the impact of overseas divorce in australian property settlement … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I'm from Brazil and I have a daughter that is also
Hello, my name is***** from Brazil and I have a daughter that is also brazilian, was born in Brazil but both of us are now Australian Citizens. I'm a single mother, never been married with her father,… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I asked you a question in 2013 as to whether an Australian
I asked you a question in 2013 as to whether an Australian man needed a divorce from an Indian Hindu marriage of 2012 (not registered) and Alex said unregistered marriages were not recognised and did … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I live in Peru and I am 67 yrs old. My son traveled to
I live in Peru and I am 67 yrs old. My son traveled to Australia and he became an Australian citizen. According to peruvian law i should be able to receive financial support since i am diabetic with n… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I asked this question and the answer I got was from a lawyer
I asked this question and the answer I got was from a lawyer versed in american law only and she has told me to ask another question of an Australian lawyer. I did not realise that that Lucy only deal… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I was convicted in 1997 of sexual offences against a child
I was convicted in 1997 of sexual offences against a child under the age if 16 in 1994. As a condition of my parole I went onto the Child Sex Offenders Register in NSW. My parole is about to finish an… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
Wondering whether you can assist with the following situation 1)
Wondering whether you can assist with the following situation 1) Dutch passport and PR in Australia (pay tax in Australia) 2) Father (also dutch, pays tax and lives in Switzerland) 3) Father wants to … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My ex-husband and I have a property in Switzerland can Swiss
My ex-husband and I have a property in Switzerland can Swiss court make decision about the settlement of this house or I will have to go to Australian court. We are both Australian citizens. I live Au… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
My son is an AustralXXXXX XXXXXving with an Indonesian woman in
My son is an AustralXXXXX XXXXXving with an Indonesian woman in Singapore. He has a son from a previous marriage living here in Australia. My son works overseas and alternates his time between austral… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Does an Australian Family Law Order re allowing the child to
Does an Australian Family Law Order re allowing the child to travel overseas during school holidays with a parent, have to be registered in the country that a parent has residency in ie UAE? If not, w… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
What redress does an Australian citizen have for a sexual assault
What redress does an Australian citizen (resident in Victoria) have for a sexual assault that was committed in Switzerland in 1979, when she was 14 years old? The perpetrator was at the time a Swiss c… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
will the courts allow my x soninlaw to take his daughter overseas
will the courts allow my x soninlaw to take his daughter overseas during school time whenhr is working overseas,the child does not want to go, her mother is afraid thast once he gets the childs passpo… read more
David Coleman
David Coleman
Solicitor
Bachelor\u0027s Degree
97 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x