"Serious Sex Offenders (Detention and Supervision) Bill 2009 - Bills Backgrounder No 15" [2009] VicBillsRR 19 (1 November 2009)

Serious Sex Offenders (Detention and Supervision) Bill 2009

Bills Backgrounder No 15, November 2009

Bill & Related Parliamentary Documents Background Documents Organisations and Advocacy groups Media Coverage Comparative Information

Bill & Related Parliamentary Documents

Serious Sex Offenders (Detention and Supervision) Bill 2009 and Explanatory Memorandum and Statement of Compatibility

Minister for Corrections, Bob Cameron in his Second Reading speech says, "since 2005, the Serious Sex Offenders Monitoring Act 2005 ('the monitoring act') has provided a vital measure of protection for the community against known sexual predators, by enabling the courts to impose on them extended supervision orders for up to fifteen years, with regular court reviews....With the Serious Sex Offenders (Detention and Supervision) Bill 2009, the government has now strengthened and improved upon the existing extended supervision scheme of the monitoring act, which it replaces." New features of this bill include continued detention, courts directing offenders to reside at a residential facility and greater transparency and accountability in the management of serious sex offenders.

Related Acts & Regulations
Serious Sex Offenders Monitoring Act 2005 and Serious Sex Offenders Monitoring Regulations 2005
Sex Offenders Registration Act 2004
Working with Children Act 2005 and Working with Children Regulations 2006
Children, Youth and Families Act 2005
Sex Offenders Registration Regulations 2004
Supreme Court (Criminal Procedure) Rules 2008 (See Order 12 — Serious Sex Offenders Monitoring Rules)

Background Documents

In December 2008, the Attorney-General asked the Sentencing Advisory Council to advise on the adequacy of the current maximum penalties that apply to the different circumstances in which the offence of sexual penetration of a child under the age of 16 may be committed.

Section 45 of the Crimes Act 1958 provides that the following penalties apply depending on the age of the victim and, in certain circumstances, the relationship between the victim and the offender:

when the victim of this offence is aged under 10 at the time of the offence – maximum of 25 years' imprisonment;
when the victim is aged between 10 and under 16 and is under the care, supervision or authority of the accused – maximum 15 years' imprisonment; and
when the victim is (otherwise) aged between 10 and under 16 – maximum 10 years' imprisonment.

Sentencing Advisory Council's Maximum Penalties for Sexual Penetration with a Child under 16 review has produced three publications:
- Sentencing for Sexual Penetration Offences Statistical Report (March 2009) examining sentencing outcomes in Victoria between July 2006 and June 2008 for five sexual penetration offences
- a consultation paper (March 2009) forming the basis of Sentencing Advisory Council consultations; and
- Final Report (September 2009) advising on the adequacy of the maximum penalties that apply to the offence of sexual penetration with a child under the age of 16.

Office of Women's Policy, Dept. for Victorian Communities, Study of Reported Rapes in Victoria 2002-03 (2006)

Australian Bureau of Statistics Sexual Assault in Australia: A Statistical Overview, 2004

Browse Australian Institute of Criminology publications on 'serious sex offenders'

Organisations and Advocacy groups

CrimTrac's Australian National Child Offender Register (ANCOR) is a web-based system designed to assist police to register, case manage and share mandatory information about registered persons as required by legislation. It also enables alerts to be generated when registered persons notify that they are planning to travel interstate or overseas. All Australian police jurisdictions actively use the register.

Sentencing Advisory Council

Victorian Police Sexual Crimes Squad maintains an intelligence database of individuals or organised groups involved in child pornography, prostitution and sexual assault. Victoria Police also have a Sexual Offences & Child Abuse Unit provide advice for parents and children about online chatrooms

In 2006, the Victorian Government introduced a new Working with Children Check system to help protect children under 18 years of age from physical or sexual harm.

Australian Centre for the Study of Sexual Assault

National Council to Reduce Violence Against Women and their Children

The National Association of Services Against Sexual Violence (NASASV) is the peak body for organisations who work with victim/survivors of sexual violence and who work to prevent sexual violence. NASASV has published Time for Action: The National Council's Plan for Australia to Reduce Violence Against Women and their Children, 2009-2021 and The National Plan to Reduce Violence Against Women - Immediate Government Actions - April 2009.

Violence against Women Advisory Group

MediaCoverage

Victorian government media releases on sex offenders

ABC Four Corners - Facing Dennis Ferguson (2 Nov 2009) and Backgrounder on Child Sex Offenders

ABC Unleashed - A house for Dennis (4 November 2009)

ABC Radio National PM - NSW Govt seeks legal advice on paedophile relocation (15 Sept 2009)

ABC Media Watch - Media Hunt a Monster (14 July 2008)

ABC News coverage on convicted Paedophile Dennis Ferguson Evicted (24 Sept 2009)

SBS 3 part program, Not In My Neighbourhood

The Herald - Pedophiles in the midst

Working with Children Check Information Sheet and audio file (2009)

Comparative Information

Sex offender Acts & Regulations in other Australian states & territories

ACT
Crimes (Child Sex Offenders) Act 2005
Crimes (Child Sex Offenders) Regulation 2005

NSW
Crimes (Serious Sex Offenders) Act 2006
Child Protection (Offenders Registration) Regulation 2009
Child Protection (Offenders Registration) Amendment Regulation 2009

NT
Child Protection (Offender Reporting and Registration) Regulations 2004 [Principal - Regulation]
Child Protection (Offender Reporting and Registration) Amendment Regulations 2006

QLD
Child Protection (Offender Prohibition Order) Act 2008
Child Protection (Offender Reporting) Act 2004
Child Protection (Offender Reporting) Regulation 2004

SA
Child Sex Offenders Registration Act 2006
Child Sex Offenders Registration Regulations 2007

WA
Community Protection (Offender Reporting) Act 2004
Community Protection (Offender Reporting) Regulations 2004


National Sex Offender Registries
Canada - Royal Canadian Mounted Police and National Sex Offender Registry
California sex offenders register (Megan's Law)
U.S. Department of Justice - Dru Sjodin National Sex Offender Public Website (NSOPW)
Scotland's Sex Offenders Register
UK Violent and Sex Offender Register (ViSOR)

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Reference Service

This Bills Backgrounder has been prepared by the Victorian Parliamentary Library Reference Service. The service prepares occasional Bills Backgrounders for Members of Parliament.

This Bills Backgrounder provides web links to legislation, reports, documents, organisations and statistics relating to this bill before the Victorian Parliament. These web links are live at time of publication, however the Parliamentary Library cannot guarantee their permanency. This Bills Backgrounder should not be considered as a complete guide to this particular subject or legislation covered. While it is intended that all information provided is accurate, this Bills Backgrounder does not represent professional legal opinion.

© 2009 Library, Department of Parliamentary Services, Parliament of Victoria

Last update May 27, 2009
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