Victorian Current Acts

SEX OFFENDERS REGISTRATION ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY MATTERS

   1.      Purpose and outline  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of finding of guilt  
   4A.     When does a registrable offender have contact with a child?  
   5.      Other reference provisions  

   PART 2--OFFENDERS TO WHOM ACT APPLIES

           Division 1--Registrable offenders

   6.      Who is a registrable offender?  
   7.      What is a registrable offence?  
   8.      What are Class 3 and Class 4 offences?  
   9.      Who is a corresponding registrable offender?  
   10.     Who is a New South Wales registrable offender?  
   11.     Sex offender registration order  

           Division 2--Registration exemption orders

   11A.    Application for registration exemption order  
   11B.    Determination of application  
   11C.    When application may be made  
   11D.    How application is made  
   11E.    Effect of registration exemption order  
   11F.    Chief Commissioner of Police is party to application  
   11G.    Admissibility of evidence in hearing of application  

   PART 3--REPORTING OBLIGATIONS

           Division 1--Initial report

   12.     When the report must be made  
   13.     When new initial report must be made by offender whose previous reporting obligations have ceased  
   14.     Initial report by registrable offender of personal details  
   15.     Persons required to report under corresponding Act  

           Division 2--Ongoing reporting obligations

   16.     Registrable offender must report annually  
   17.     Registrable offender must report changes to relevant personal details  
   18.     Intended absence from Victoria to be reported  
   19.     Change of travel plans while out of Victoria to be given  
   20.     Registrable offender to report return to Victoria or decision not to leave  
   21.     Report of other absences from Victoria  
   21A.    Additional reporting obligation in relation to travel out of Australia  

           Division 3--Provisions applying to all reporting obligations

   22.     Where report is to be made  
   23.     How reports to be made  
   23A.    Circumstances for electronic reporting  
   24.     Right to privacy and support when reporting  
   25.     Receipt of information to be acknowledged  
   26.     Additional matters to be provided  
   27.     Power to take fingerprints or fingerscan  
   27A.    Power to take photographs  
   28.     Reasonable force may be used to obtain fingerprints  
   29.     Photographs  
   30.     Retention of material for certain purposes  
   30A.    Retention of material when registration exemption order made  
   31.     Reporting by remote offenders  

           Division 4--Suspension and extension of reporting obligations

   32.     Suspension and extension of reporting obligations  

           Division 5--Reporting period

   33.     When reporting obligations begin  
   34.     Length of reporting period  
   35.     Reduced period applies for juvenile registrable offenders  
   35A.    Reporting period to run during suspension  
   35B.    Reporting period to run while registration exemption order in force  
   36.     Extended reporting period if registrable offender still on parole  
   37.     Reporting period for corresponding registrable offenders  
   38.     Reporting period for New South Wales registrable offenders  

           Division 6--Suspension from reporting obligations

   39.     Supreme Court may suspend certain registrable offenders' reporting obligations  
   39A.    Chief Commissioner may apply for suspension from reporting obligations  
   39B.    How application is made  
   40.     Order for suspension  
   41.     Chief Commissioner is party to application  
   42.     No costs to be awarded  
   43.     Restriction on right of unsuccessful applicant to re‑apply for order  
   44.     Cessation of order  
   44A.    Chief Commissioner may apply for revocation of suspension order  
   45.     Application for new order  
   45A.    Chief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances  

           Division 7--Offences

   46.     Offence of failing to comply with reporting obligations  
   47.     Offence of furnishing false or misleading information  
   47A.    Search warrants  
   47B.    Expiry of search warrant  
   47C.    Power to require assistance from person with knowledge of a computer or computer network  
   48.     Time limit for prosecutions waived  
   49.     Bar to prosecution for failing to report leaving Victoria  

           Division 8--Notification of reporting obligations

   50.     Notice to be given to registrable offender  
   51.     Courts to provide information to Chief Commissioner of Police  
   52.     Notice to be given when reporting period changes  
   53.     Supervising authority to notify Chief Commissioner of Police of certain events  
   54.     Notices may be given by Chief Commissioner  
   55.     Failure to comply with procedural requirements does not affect registrable offender's obligations  

           Division 9--Modified reporting procedures for protected witnesses

   56.     Who this Division applies to  
   57.     Report need not be made in person  
   58.     Order as to whether this Division applies  
   59.     Appeal against order  
   60.     When order takes effect  
   61.     Modification of ongoing reporting obligations  

           Division 10--Publication of information about registrable offender who fails to comply with reporting obligations

   61A.    Chief Commissioner of Police may publish information if registrable offender cannot be  
   61B.    Chief Commissioner of Police must attempt to notify registrable offender before publication  
   61C.    Restrictions on publication  
   61D.    Chief Commissioner of Police to take into account certain matters before publishing  
   61E.    Removal of information  
   61F.    Disclosure by senior police of personal information published under this Division  
   61G.    Offence—republication by third parties that would incite, or would be likely to incite, animosity or harassment  

   PART 4--THE SEX OFFENDER REGISTER

   62.     Register of Sex Offenders  
   63.     Access to the Register to be restricted  
   64.     Person with access to Register not to disclose personal information from it  
   64A.    Disclosure of de-identified information  
   65.     Restriction on who may access personal information on protected witnesses  
   66.     Registrable offender's rights in relation to Register  

   PART 4A--PROHIBITION ORDERS

           Division 1--Preliminary

   66A.    Definitions  
   66B.    Sexual safety of the community paramount in prohibition order decisions  
   66C.    When is a registrable offender properly notified of an order?  

           Division 2--Application for a prohibition order

   66D.    Making application for a prohibition order  

           Division 3--Interim prohibition orders

   66E.    Court may make an interim prohibition order  
   66F.    Explanation of interim prohibition order  
   66G.    Hearing to be listed about final prohibition order as soon as practicable  
   66H.    Duration of interim prohibition orders  

           Division 4--Final prohibition orders

   66I.    Court may make a final prohibition order  
   66J.    Considerations in making a final prohibition order  
   66K.    Additional considerations if the registrable offender is a child  
   66L.    Children's Court must order assessment report  
   66M.    Where assessment report raises concerns about impact of final prohibition order  
   66N.    Court to consider interim prohibition order if hearing adjourned  
   66O.    Explanation of final prohibition order  
   66P.    Duration of final prohibition order  

           Division 5--Prohibition order conditions

   66Q.    Conditions to be included in prohibition order  
   66R.    Exclusion conditions where registrable offender is a child  
   66S.    Drug testing conditions and alcohol testing conditions  
   66T.    Registrable offender to submit to testing for drugs and alcohol  

           Division 6--Monitoring conditions and powers of entry, search and seizure under monitoring conditions

   66U.    Court may include monitoring conditions in a prohibition order  
   66V.    Powers of entry under monitoring condition  
   66W.    Search powers after entry  
   66X.    Police officer may direct registrable offender to provide assistance—computers and other devices  
   66Y.    Power to seize  
   66Z.    Recording and register of seized things  
   66ZA.   Police officer must provide receipt for seized things  
   66ZB.   Retention of seized things by Chief Commissioner of Police  
   66ZC.   Return of seized property—retrieval notices  
   66ZD.   Return of seized property—application to Magistrates' Court  
   66ZE.   Chief Commissioner of Police may apply for disposal order  
   66ZF.   Destruction or disposal of seized things with owner's consent  
   66ZG.   Proceeds of sale or disposal to be paid into Consolidated Fund  

           Division 7--Variation, extension and revocation of prohibition orders

   66ZI.   Application to extend a final prohibition order  
   66ZJ.   Considerations in determining whether to vary or revoke interim prohibition orders  
   66ZK.   Considerations in varying, revoking or extending final prohibition orders  
   66ZL.   Court may vary a prohibition order  
   66ZM.   Court may revoke a prohibition order  
   66ZN.   Court may extend a final prohibition order  
   66ZO.   Court may make orders under this Division by consent  

           Division 8--Contravention of prohibition order

           Division 9--Corresponding prohibition orders

   66ZY.   Considerations in making an order varying a registration order  
   66ZZA.  Revocation of a registration order  

           Division 10--Miscellaneous

   66ZZB.  Court may prohibit publication of proceedings  
   66ZZC.  Chief Commissioner of Police may disclose personal information about prohibition orders and registration orders  
   66ZZD.  Service of orders and applications made by Chief Commissioner of Police  

   PART 5--REGISTRABLE OFFENDERS PROHIBITED FROM CHILD-RELATED EMPLOYMENT

   67.     Definitions  
   68.     Registrable offender excluded from child-related employment  
   69.     Offence to fail to disclose charges  
   70.     Confidentiality of information  

   PART 5A--CHANGE OF NAME

   70A.    Application of Part  
   70B.    Definitions  
   70C.    Applications for change of name by or on behalf of a registrable offender  
   70D.    Approval by Chief Commissioner of Police  
   70E.    Approval to be notified in writing  
   70F.    Registration of change of name  
   70G.    Registrar may correct Register  
   70H.    Lapse of application where offender ceases to be a registrable offender  
   70I.    Information-sharing between the Secretary and the Victorian Registrar  
   70J.    Registrable offender who is also subject to a supervision or detention order  
   70K.    Registrable offender who is also a prisoner on parole  

   PART 5B--MONITORING OF COMPLIANCE AND REPORTING

   70L.    IBAC to monitor compliance with Parts 3 and 4  
   70M.    IBAC to be given reasonable assistance  
   70N.    Powers in relation to monitoring  
   70O.    Reports on monitoring compliance  
   70P.    Chief Commissioner of Police to report to Minister  

   PART 5C--APPROVAL OF MAKING OF ACKNOWLEDGEMENT OF SEX APPLICATIONS--REGISTRABLE OFFENDERS

   70Q.    Offence to make acknowledgement of sex application without approval  
   70R.    Application by registrable offender or other person for approval of Chief Commissioner of Police  
   70S.    Approval by Chief Commissioner of Police of the making of acknowledgement of sex application  
   70T.    Copy of approval or refusal of Chief Commissioner of Police  
   70U.    Lapse of application where registrable offender ceases to be a registrable offender  
   70V.    Registrable offender who is also subject to a supervision or detention order  
   70W.    Registrable offender who is also a prisoner on parole  

   PART 6--OTHER MATTERS

   71.     Exclusion of liability  
   71A.    Disclosure of personal information—supervising authorities  
   72.     Effect of spent convictions  
   73.     Certificate concerning evidence  
   73A.    Transitional provisions—Sex Offenders Registration (Amendment) Act 2005  
   73B.    Transitional provision—Justice Legislation (Further Amendment) Act 2006  
   73C.    Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008  
   73D.    Transitional provision—Integrity and Accountability Legislation Amendment Act 2012  
   73E.    Transitional provisions—Sex Offenders Registration Amendment Act 2014  
   73F.    Transitional provisions—Sex Offenders Registration Amendment Act 2016  
   73G.    Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016  
   73J.    Saving of orders continued in effect after commencement by Serious Offenders Act 2018  
   73K.    Transitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order  
   74.     Supreme Court—limitation of jurisdiction  
   74A.    Rules of court  
   75.     Regulations  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           ENDNOTES