Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 58

Order as to whether this Division applies

58. Order as to whether this Division applies



(1) The Chief Commissioner of Police must make an order declaring that a
registrable offender who is a participant in a Victorian witness protection
program either is, or is not, a person to whom this Division applies-

   (a)  when the registrable offender ceases to be a participant in the
        program as a consequence of a request under section 16(1) of the
        Witness Protection Act 1991; or

   (b)  when the Chief Commissioner of Police makes a decision under
        section 16(2) of the Witness Protection Act 1991 that the protection
        and assistance provided to the registrable offender under the program
        be terminated.

(2) On making such an order, the Chief Commissioner of Police must take
reasonable steps to notify the registrable offender of the terms of the order.

(3) A person who receives such a notification may, within 28 days after
receiving it, apply in writing to the Chief Commissioner of Police for a
review of the order.

(4) On receiving an application for a review, the Chief Commissioner of
Police-

   (a)  must review the order, and confirm or reverse it; and

   (b)  before making a decision on the matter, must give the applicant a
        reasonable opportunity to state his or her case; and

   (c)  after making a decision on the matter, must give written notice of the
        decision to the applicant.

(5) If the decision of the Chief Commissioner of Police is to confirm the
order, the notice of the decision must inform the applicant of his or her
rights under section 59.