Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 40

Order for suspension

40. Order for suspension



(1) On the application under section 39(2), the Supreme Court may make an
order suspending the registrable offender's reporting obligations.

(2) The Court must not make the order unless it is satisfied that the
registrable offender does not pose a risk to the sexual safety of one or more
persons or of the community.

(3) In deciding whether to make the order, the Court must take into account-

   (a)  the seriousness of the registrable offender's registrable offences and
        corresponding registrable offences; and

   (b)  the period of time since those offences were committed; and

   (c)  the age of the registrable offender, the age of the victims of those
        offences and the difference in age between the registrable offender
        and the victims of those offences, as at the time those offences were
        committed; and

   (d)  the registrable offender's present age; and

   (e)  the registrable offender's total criminal record; and

   (f)  any other matter the Court considers appropriate.