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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 14 Initial report by registrable offender of personal details

SEX OFFENDERS REGISTRATION ACT 2004 - SECT 14

Initial report by registrable offender of personal details

    (1)     The details the registrable offender must report are—

        (a)     his or her name, together with any other name by which he or she is, or has previously been, known;

        (b)     in respect of each name other than his or her current name, the period during which he or she was known by that other name;

        (c)     his or her date of birth;

S. 14(1)(d) amended by Nos 25/2017 s. 28(1), 37/2022 s. 4(1)(a).

        (d)     the address of each of the premises at which he or she generally resides (if any);

S. 14(1)(daa) inserted by No. 25/2017 s. 28(2), amended by No. 37/2022 s. 4(1)(b).

        (daa)     if the person does not have an address referred to in paragraph (d), details that are sufficient to identify any place where the person sleeps on a regular basis;

Example

Relevant details may include the name and address of a refuge, shelter or similar premises at which the person sleeps, the details of a vehicle in which the person sleeps or the address of a park, beach or other outdoor location at which the person sleeps.

S. 14(1)(da) inserted by No. 52/2007 s. 14(1).

        (da)     his or her telephone number (if any);

S. 14(1)(db) inserted by No. 52/2007 s. 14(1).

        (db)     his or her email address (if any);

S. 14(1)(dc) inserted by No. 52/2007 s. 14(1), amended by No. 25/2017 s. 28(3).

        (dc)     if the registrable offender has an Internet service provider, the name of that Internet service provider;

S. 14(1)(dd) inserted by No. 55/2009 s. 42(1).

        (dd)     any—

              (i)     Internet user names; or

              (ii)     instant messaging user names; or

              (iii)     chat room user names; or

              (iv)     other user name or identity—

used or intended to be used by the registrable offender through the Internet or other electronic communication service;

S. 14(1)(e) substituted by No. 82/2014 s. 6(1).

        (e)     the name of each child with whom he or she has contact;

S. 14(1)(ea) inserted by No. 82/2014 s. 6(1).

        (ea)     in respect of each child with whom he or she has contact

              (i)     the child's age, residential address and telephone number; or

              (ii)     if the child's age, residential address or telephone number is not known to him or her—the location where the contact takes place;

        (f)     if he or she is employed—

              (i)     the nature of his or her employment; and

              (ii)     the name of his or her employer (if any); and

              (iii)     the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed;

        (g)     details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;

S. 14(1)(h) amended by No. 25/2017 s. 28(4).

        (h)     the make, model, colour and registration number (if any) of any motor vehicle or caravan owned by, or generally driven by, him or her;

              (i)     details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);

        (j)     whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding sex offender registration order and, if so, where that finding occurred or that order was made;

        (k)     if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or corresponding registrable offence, details of when and where that government custody occurred;

        (l)     if, at the time of making a report under this Division, he or she leaves, or intends to leave, Victoria to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)—

              (i)     in general terms, the reason for travelling; and

S. 14(1)(l)(ii) amended by No. 55/2009 s. 42(2).

              (ii)     in general terms, the frequency and destinations of the travel;

S. 14(1)(m) inserted by No. 55/2009 s. 42(3).

        (m)     the passport number and country of issue of each passport held by the registrable offender.

    (2)     For the purposes of this section—

S. 14(2)(a) amended by No. 82/2014 s. 6(2).

        (a)     a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and

S. 14(2)(b) amended by No. 52/2007 s. 14(2), repealed by No. 82/2014 s. 6(3), new  s. 14(2)(b) inserted by No. 25/2017 s. 28(5).

        (b)     a registrable offender sleeps at a place on a regular basis if the person sleeps at that place more than once in any period of 14 days; and

S. 14(2)(c) amended by No. 52/2007 s. 14(2), repealed by No. 82/2014 s. 6(3).

    *     *     *     *     *

        (d)     a registrable offender is not generally employed at any particular premises unless he or she is employed at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and

S. 14(2)(e) amended by No. 37/2022 s. 4(2).

        (e)     a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 7 days (whether consecutive or not) in any period of 12 months.

    (3)     For the purposes of this section, a person is employed if he or she—

        (a)     carries out work under a contract of employment; or

        (b)     carries out work as a self-employed person or as a sub-contractor; or

        (c)     carries out work as a volunteer for an organisation; or

        (d)     undertakes practical training as part of an educational or vocational course; or

        (e)     carries out work as a minister of religion or in any other capacity for the purposes of a religious organisation.

    (4)     For the purposes of this section, a person is an employer if the person—

        (a)     arranges, in the course of business, for the registrable offender to be employed by another person; or

        (b)     engages the registrable offender under contract to carry out work.