Failing to Comply with Reporting Obligations

Failing to comply with reporting obligations is a serious criminal offence that carries the risk of imprisonment for up to 5 years or 500 penalty units.

It is important to always comply with reporting obligations to prevent facing severe penalties.

What is failing to comply with reporting obligations?

Failing to comply with reporting obligations is an offence that occurs when a registrable person does not comply with any of their reporting obligations and does not have a reasonable excuse as to why they failed to comply.

What the prosecution must prove

The prosecution must prove the following elements to prove the offence of failing to comply with reporting obligations:

1. A registrable person
2. Failed to comply with any of their reporting obligations
3. Without a reasonable excuse

To determine whether a person’s excuse is reasonable, a court will take into account the following:

• the person’s age;
• whether the person has a disability that affects their ability to understand or comply with their reporting obligations;
• whether the notification given to the person concerning their reporting obligations was adequate
• in informing them of those obligations, taking into consideration the person’s circumstances;
• any matter prescribed by the regulations;
• any other matter that the court believes is appropriate.

Defences

Defences to the offence of failing to comply with reporting obligations include:

1. Duress: that you were forced to commit the offence
2. Necessity: your actions were necessary in the circumstances
3. Reasonable excuse: The registrable person has the onus of proving, on the balance of probabilities, that they had a reasonable excuse as to why they did not comply with their reporting obligations
4. Lack of knowledge: A defence may apply where the person, at the alleged time of when they failed to comply with their reporting obligations, had not received notice of their obligations and was unaware of them
5. Honest and Reasonable Mistake of Fact: you held a genuine and reasonable belief that you were complying with your reporting obligations

If you believe you may have a defence, it is important you speak to an experienced criminal lawyer. If you contact us at an early stage, we may even be able to have your charges dropped before the case has to go to Court.

Penalty for failing to comply with reporting obligations?

In New South Wales, the maximum penalty for Failing to comply with reporting obligations is 5 years imprisonment, 500 penalty units, or both.

One penalty unit is currently $110. Therefore, 500 penalty units is equal to $55,000.

Sentencing statistics

It is ultimately up to the Magistrate or Judge as to what punishment you will receive, there are sentencing statistics for common assault that can be helpful in providing some guidance. We have obtained a list of 2,702 cases in the Local Court which provide a range:

1. Section 10 dismissal: 1%
2. Fine: 14.2%
3. Conditional release order without conviction: 3%
4. Conditional release order with conviction: 6.7%
5. Community Corrections Order: 43.5%
6. Intensive Corrections Order: 8.9%
7. Full Time Imprisonment: 18.9%

Can you go to jail for failing to comply with reporting obligations?

There is a strong possibility you can receive a jail sentence for failing to comply with reporting obligations. Over the past 5 years, almost 20% of offenders were sentenced to full-time imprisonment.

If you are facing a charge of failing to comply with reporting obligations, it is important that you contact a specialist criminal defence lawyer.