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