Victorian Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION AMENDMENT ACT 2019 (NO. 25 OF 2019) - SECT 30

After Division 6 of Part 8 of the Corrections Act 1986 insert —

" Division 6A—Approval of making of acknowledgement of sex applications—prisoners on parole

        79HA     Definition

In this Division—

"prisoner on parole" means a prisoner released on parole that is not subsequently cancelled or deemed to have been cancelled.

        79HB     Offence to make acknowledgement of sex application without approval

    (1)     A prisoner on parole must not make an acknowledgement of sex application to a Registrar without having first obtained the written approval of the Board.

Penalty:     5 penalty units.

    (2)     A person must not make an acknowledgement of sex application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained.

Penalty:     5 penalty units.

        79HC     Application by prisoner on parole or other person for approval of Board

A prisoner on parole or other person who intends to make an acknowledgement
of sex application may apply to the
Board for approval of the making of the acknowledgement of sex application by the prisoner on parole or the person.

        79HD     Approval by Board of the making of acknowledgement of sex application

    (1)     Subject to subsection (2), on an application under section 79HC, the Board may approve the making of an acknowledgement of sex application if the Board is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex is, in all the circumstances, necessary or reasonable.

    (2)     The Board must not approve the making of an acknowledgement of sex application if the Board is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex would be reasonably likely—

        (a)     to be regarded as offensive by a victim of crime or an appreciable sector of the community; or

        (b)     to be used to evade or hinder supervision of the prisoner on parole during the parole period.

        79HE     Copy of approval or refusal of Board

    (1)     If the Board approves the making of an acknowledgement of sex application, the Board as soon as practicable must give a copy of the approval to—

        (a)     the person who sought the approval; and

        (b)     the Victorian Registrar; and

        (c)     the Secretary.

    (2)     If the Board refuses to approve the making of an acknowledgement of sex application, the Board must give a copy of that refusal to—

        (a)     the person who sought the approval; and

        (b)     the Secretary.

Note

See section 79H for information shared between the Secretary and the Victorian Registrar.

        79HF     Lapse of application on cancellation of parole

An acknowledgement of sex application by or on behalf of a prisoner on parole lapses if—

        (a)     the prisoner's parole is cancelled or taken to be cancelled under section 77; and

        (b)     the Victorian Registrar has not registered the alteration of the record of sex or issued the document acknowledging name and sex before that cancellation.".

Division 3—Amendment of Serious Offenders Act 2018