Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of acknowledge-ment of sex application inserted by No. 25/2019 s. 35(b).
"acknowledgement of sex application" means an application—
(a) under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996 ; or
(b) under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;
"child" means any person who is under the age of 18 years;
Class 1 offence means an offence listed in Schedule 1;
Class 2 offence means an offence listed in Schedule 2;
S. 3(1) def. of Class 3 offence substituted by No. 34/2005 s. 4(1).
Class 3 offence has the meaning set out in section 8(1);
S. 3(1) def. of Class 4 offence substituted by No. 34/2005 s. 4(1).
Class 4 offence has the meaning set out in section 8(2);
S. 3(1) def. of community service order amended by Nos 48/2006 s. 42(Sch. item 33.1), 65/2011 s. 107(Sch. items 12.1, 12.2), 32/2013 s. 60.
"community service order" means—
(a) an order under Division 3 of Part 3 of the Sentencing Act 1991 to which a program condition referred to in section 38(1)(b) or (d) is attached (as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011 ); or
(ab) an order under Part 3A of the Sentencing Act 1991 to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K or a requirement under section 48LA of the Sentencing Act 1991 is attached; or
(b) a youth attendance order within the meaning of the Children, Youth and Families Act 2005 ; or
(c) a youth supervision order within the meaning of the Children, Youth and Families Act 2005 where the person is required to engage in community service activities by a direction under section 389(1)(g) of that Act;
S. 3(1) def. of contact inserted by No. 82/2014 s. 3(1).
"contact"—see section 4A;
"corresponding Act" means a law of a foreign jurisdiction—
(a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and
(b) that the regulations state is a corresponding Act for the purposes of this Act;
S. 3(1) def. of correspond-ing prohibition order inserted by No. 21/2016 s. 5(a).
"corresponding prohibition order" means an order that—
(a) is made under a corresponding prohibition order Act; and
(b) substantially corresponds to a final prohibition order;
S. 3(1) def. of correspond-ing prohibition order Act inserted by No. 21/2016 s. 5(a).
"corresponding prohibition order Act" means a law of another State or a Territory—
(a) that provides for the making of orders restricting behaviour of corresponding registrable offenders who have committed specified offences; and
(b) that is prescribed as a corresponding prohibition order Act for the purposes of this Act;
"corresponding registrable offence" means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act;
corresponding registrable offender has the meaning set out in section 9;
"corresponding registrar" means the person whose duties and functions under a corresponding Act most closely correspond to the duties and functions of the Chief Commissioner of Police under this Act;
"corresponding sex offender registration order" means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding sex offender registration order for the purposes of this Act;
S. 3(1) def. of court amended by No. 21/2016 s. 5(b).
"court", except in Part 4A, includes a court (however described) of a foreign jurisdiction;
S. 3(1) def. of detainee substituted by No. 82/2014 s. 3(2).
"detainee" means a person detained in a youth justice centre or youth residential centre within the meaning of the Children, Youth and Families Act 2005 ;
S. 3(1) def. of Director inserted by No. 79/2004 s. 100(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 10.1), repealed by No. 82/2012 s. 130(3).
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S. 3(1) def. of disability substituted by No. 16/2010 s. 209(Sch. item 8) (as amended by No. 26/2011 s. 34(Sch. item 10.3)).
"disability "has the same meaning as it has in the Equal Opportunity Act 2010 ;
Note
The meaning of disability is affected by section 5(2).
S. 3(1) def. of existing controlled registrable offender substituted by No. 79/2006 s. 53(1), amended by Nos 55/2014 s. 152(1)(a), 82/2014 s. 3(3).
"existing controlled registrable offender" means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004—
(a) an inmate; or
(b) a person detained in a youth training centre or youth residential centre within the meaning of the Children and Young Persons Act 1989 ; or
(c) a forensic patient detained in custody under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or
(d) serving a sentence referred to in section 6C(1) of the Corrections Act 1986 ; or
(e) serving an order referred to in paragraph (a) of the definition of community service order in section 3; or
(f) serving an order referred to in paragraph (a) of the definition of good behaviour bond in section 3 under which the person is required to submit to strict supervision;
(g) serving a non-custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or
(h) in custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a), (b) or (c) or serving a sentence imposed or order made under the laws of a foreign jurisdiction that is equivalent to a sentence or order referred to in paragraph (d), (e), (f) or (g);
"existing licensee" means a person who under section 6C of the Corrections Act 1986 is not regarded as being in the Secretary's legal custody and includes a person who has a similar status under the laws of a foreign jurisdiction;
S. 3(1) def. of final prohibition order inserted by No. 21/2016 s. 5(a).
"final prohibition order "means an order made under section 66I;
"fingerscan" means fingerprints taken by means of a device to obtain a record of the fingerprints;
"finding of guilt"—see section 4;
"foreign jurisdiction" means a jurisdiction other than Victoria (including jurisdictions outside Australia);
"foreign witness protection law" means a law of a foreign jurisdiction that provides for the protection of witnesses;
"forensic patient" has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ;
S. 3(1) def. of forensic resident inserted by No. 34/2005 s. 4(2).
"forensic resident" has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ;
S. 3(1) def. of good behaviour bond amended by Nos 48/2006 s. 42(Sch. item 33.2), 65/2011 s. 107(Sch. item 12.3), 26/2012 s. 78.
"good behaviour bond" means—
(a) an order under Subdivision (2) or (3) of Division 1 of Part 3BA of the Sentencing Act 1991 for the release of an offender on an adjournment (with or without recording a conviction); or
(b) a bond under section 367 of the Children, Youth and Families Act 2005 ;
S. 3(1) def. of government custody amended by Nos 34/2005 s. 4(3), 69/2005 s. 30(a), 26/2014 s. 455(Sch. item 27.1(a)), 55/2014 s. 152(1)(b), 25/2017 s. 24(1), 39/2022 s. 870(a).
"government custody" means—
(a) custody as—
(i) an inmate; or
(ii) a detainee; or
(iii) a forensic patient under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or
(iv) a forensic resident under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or
(iva) a person detained in a residential treatment facility in accordance with a residential treatment order made under section 82AA of the Sentencing Act 1991 ; or
(ivb) a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005 ; or
(v) a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991 ; or
(vi) a security patient subject to a Secure Treatment Order within the meaning of the Mental Health and Wellbeing Act 2022 ; or
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(ix) a security patient taken to another designated mental health service under section 555 or 556 of the Mental Health and Wellbeing Act 2022 ; or
(b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);
S. 3(1) def. of guardianship order inserted by No. 21/2016 s. 5(a), amended by No. 13/2019 s. 221(Sch. 1 item 48).
"guardianship order" has the same meaning as in the Guardianship and Administration Act 2019 ;
S. 3(1) def. of IBAC inserted by No. 82/2012 s. 130(2).
"IBAC" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of IBAC Commiss-ioner inserted by No. 82/2012 s. 130(2).
"IBAC Commissioner" means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 ;
inmate means a person who under Part 1A of the Corrections Act 1986 is deemed to be in the legal custody of the Secretary or the Chief Commissioner of Police;
S. 3(1) def. of interim prohibition order inserted by No. 21/2016 s. 5(a).
"interim prohibition order" means an order made under section 66E;
S. 3(1) def. of involuntary patient inserted by No. 34/2005 s. 4(2), substituted by No. 26/2014 s. 455(Sch. item 27.1(b)), amended by No. 39/2022 s. 870(b).
"involuntary patient" has the same meaning as patient has in section 3(1) of the Mental Health and Wellbeing Act 2022 ;
"New South Wales Act" means the Child Protection (Offenders Registration) Act 2000 of New South Wales;
New South Wales registrable offender has the meaning set out in section 10;
"parole" means an order referred to in section 74 of the Corrections Act 1986 and includes any equivalent order made under the laws of a foreign jurisdiction;
"personal details" means the information listed in section 14(1) ;
"personal information" means information about an individual whose identity is apparent or can reasonably be ascertained from the information;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 154.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Police Ombudsman repealed by No. 79/2004 s. 100(1)(b).
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S. 3(1) def. of prohibition order inserted by No. 21/2016 s. 5(a).
"prohibition order" means an interim prohibition order or a final prohibition order;
S. 3(1) def. of Register amended by No. 20/2015 s. 13.
"Register" means the Register of Sex Offenders established, or arranged to be established, under section 62;
registrable offence has the meaning set out in section 7 ;
registrable offender has the meaning set out in section 6 ;
S. 3(1) def. of Registrar inserted by No. 25/2019 s. 35(b).
"Registrar" means—
(a) the Victorian Registrar; or
(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;
S. 3(1) def. of registration exemption order inserted by No. 25/2017 s. 4.
"registration exemption order" means an order made under section 11B;
S. 3(1) def. of registration order inserted by No. 21/2016 s. 5(a).
"registration order" means an order made under section 66ZR for the registration of a corresponding prohibition order;
"reporting obligations", in relation to a registrable offender, means the obligations imposed on him or her by Part 3;
"reporting period" means the period, as determined under Division 5 of Part 3, during which a registrable offender must comply with his or her reporting obligations;
"Secretary" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of security patient inserted by No. 34/2005 s. 4(2), amended by Nos 26/2014 s. 455(Sch. item 27.1(c)), 39/2022 s. 870(c).
"security patient" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;
S. 3(1) def. of sentence amended by Nos 34/2005 s. 4(4)(a)(b), 69/2005 s. 30(b), 48/2006 s. 42(Sch. item 33.3(a)), 68/2009 s. 97(Sch. item 112.1), 55/2014 s. 152(1)(c)(d).
"sentence" includes—
(a) a sentence within the meaning of the Criminal Procedure Act 2009 or the Children, Youth and Families Act 2005 , including an order for the adjournment of a proceeding under section 59 of the Criminal Procedure Act 2009 ; and
(ab) a declaration under section 18(4)(a) or 23(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the accused is liable to supervision under Part 5 of that Act; and
(aba) a declaration under section 38Y(4)(a) or 38ZD(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the child is liable to supervision under Division 5 of Part 5A of that Act; and
(ac) an order that the accused be released unconditionally made under section 18(4)(b), 23(b), 38Y(4)(b) or 38ZD(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; and
(ad) an order made under section 93 of the Sentencing Act 1991 ; and
(b) any order made under the laws of a foreign jurisdiction that is equivalent to an order referred to in paragraph (a);
"sex offender registration order" means an order made under section 11 and includes a corresponding sex offender registration order;
S. 3(1) def. of specified offence inserted by No. 25/2017 s. 4.
"specified offence" means a Class 1 or Class 2 offence referred to in Schedule 5;
S. 3(1) def. of strict government custody repealed by No. 34/2005 s. 4(5).
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S. 3(1) def. of strict supervision substituted by No. 44/2021 s. 25.
"strict supervision" means supervision by—
(a) the Secretary; or
(b) a person employed within the Department of Justice and Community Safety; or
(c) an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a) or (b);
S. 3(1) def. of supervised sentence amended by Nos 34/2005 s. 4(6), 48/2006 s. 42(Sch. item 33.3(b)), 26/2014 s. 455(Sch. item 27.1(d)), 55/2014 s. 152(1)(e).
"supervised sentence" means—
(a) a sentence referred to in section 6C(1) of the Corrections Act 1986 ; or
(b) a community service order; or
(c) a good behaviour bond under which the person is required to submit to strict supervision; or
(ca) an order referred to in section 360(1) of the Children, Youth and Families Act 2005 under which the child is required to submit to strict supervision; or
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(d) a non-custodial supervision order made under section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ;
S. 3(1) def. of supervising authority substituted by No. 79/2006 s. 53(2), amended by No. 82/2012 s. 130(1).
"supervising authority" means—
(a) the Secretary in relation to an offender serving—
(i) a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or
(ii) an order referred to in paragraph (a) of the definition of good behaviour bond in section 3 under which the person is required to submit to strict supervision; and
(b) the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs;
S. 3(1) def. of sworn IBAC Officer inserted by No. 82/2012 s. 130(2), amended by No. 25/2019 s. 35(a).
"sworn IBAC Officer" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of Victorian Registrar inserted by No. 25/2019 s. 35(b).
Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 .
S. 3(2) inserted by No. 25/2017 s. 24(2).
(2) A person who, on the day of commencement of section 24 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017 , is a person described in paragraph (iva) or (ivb) of the definition of government custody is taken to have entered government custody on that day.