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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: 5 years ago.Category: Australia Law

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1/9/2018

Solicitor: John Melis, Lawyer replied 5 years ago

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 36,986

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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

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

Customer reply replied 5 years 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 5 years ago

that's a good question.

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

Customer reply replied 5 years 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 5 years 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

Customer reply replied 5 years 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. Thanksunder 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 5 years ago

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

Customer reply replied 5 years 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 5 years 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.

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