Victorian Consolidated Legislation

SEX OFFENDERS REGISTRATION ACT 2004

No. 56 of 2004
Version incorporating amendments as at 5 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY MATTERS

   1.      Purpose and outline
   2.      Commencement
   3.      Definitions
   4.      Meaning of finding of guilt
   5.      Other reference provisions

   PART 2-OFFENDERS TO WHOM ACT APPLIES

   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

   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

           Division 3-Provisions applying to all reporting obligations

   22.     Where report is to be made
   23.     How reports to be made
   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
   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
   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-Exemption from reporting obligations

   39.     Supreme Court may exempt certain registrable offenders
   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
   45.     Application for new order

           Division 7-Offences

   46.     Offence of failing to comply with reporting obligations
   47.     Offence of furnishing false or misleading information
   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

   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
   65.     Restriction on who may access personal information on
           protected witnesses
   66.     Registrable offender's rights in relation to Register
   66A.    Director to monitor compliance
   66B.    Director to be given reasonable assistance
   66C.    Powers in relation to monitoring
   66D.    Reports on monitoring compliance

   PART 5-REGISTERED SEX OFFENDERS PROHIBITED
   FROM CHILD-RELATED EMPLOYMENT

   67.     Definitions
   68.     Registered sex 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 an extended supervision order
   70K.    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.
   74.     Supreme Court-limitation of jurisdiction
   75.     Regulations

   PART 7-Repealed

           76-79. Repealed
           __________________
           SCHEDULE 1-Class 1 Offences
           SCHEDULE 2-Class 2 Offences
           SCHEDULE 3-Class 3 Offences
           SCHEDULE 4-Class 4 Offences
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details