S. 1(2)(i) inserted by No. 21/2016 s. 4(2)(b). (i) provides for the making of prohibition orders to prevent registrable offenders engaging in certain conduct. 2 Commencement This Act comes into operation on 1 October 2004. 3 Definitions In this Act— child means any person who is under the age of 18 years; Class 1 offence means an offence listed in Schedule 1; Class 2 offence means an offence listed in Schedule 2; S. 3 def. of Class 3 offence substituted by No. 34/2005 s. 4(1). Class 3 offence has the meaning set out in section 8(1); S. 3 def. of Class 4 offence substituted by No. 34/2005 s. 4(1). Class 4 offence has the meaning set out in section 8(2); S. 3 def. of community service order amended by Nos 48/2006 s. 42(Sch. item 33.1), 65/2011 s. 107(Sch. items 12.1, 12.2), 32/2013 s. 60. community service order means— (a) an order under Division 3 of Part 3 of the Sentencing Act 1991 to which a program condition referred to in section 38(1)(b) or (d) is attached (as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011); or
S. 3 def. of government custody amended by Nos 34/2005 s. 4(3), 69/2005 s. 30(a), 26/2014 s. 455(Sch. item 27.1(a)), 55/2014 s. 152(1)(b). government custody means— (a) custody as— (i) an inmate; or (ii) a detainee; or (iii) a forensic patient under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or (iv) a forensic resident under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or (v) a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991; or (vi) a security patient subject to a Secure Treatment Order within the meaning of the Mental Health Act 2014; or * * * * * (ix) a security patient taken to another designated mental health service under section 291 or 292 of the Mental Health Act 2014; or
(b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); S. 3 def. of IBAC inserted by No. 82/2012 s. 130(2). IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011; S. 3 def. of IBAC inserted by No. 82/2012 s. 130(2). IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; inmate means a person who under Part 1A of the Corrections Act 1986 is deemed to be in the legal custody of the Secretary or the Chief Commissioner of Police; S. 3 def. of interim prohibition order inserted by No. 21/2016 s. 5(a). interim prohibition order means an order made under section 66E; S. 3 def. of involuntary patient inserted by No. 34/2005 s. 4(2), substituted by No. 26/2014 s. 455(Sch. item 27.1(b)). involuntary patient has the same meaning as patient has in section 3(1) of the Mental Health Act 2014; New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales; New South Wales registrable offender has the meaning set out in section 10;
parole means an order referred to in section 74 of the Corrections Act 1986 and includes any equivalent order made under the laws of a foreign jurisdiction; personal details means the information listed in section 14(1); personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information; S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 154.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3 def. of Police Ombudsman repealed by No. 79/2004 s. 100(1)(b). * * * * * S. 3 def. of prohibition order inserted by No. 21/2016 s. 5(a). prohibition order means an interim prohibition order or a final prohibition order; S. 3 def. of Register amended by No. 20/2015 s. 13. Register means the Register of Sex Offenders established, or arranged to be established, under section 62; registrable offence has the meaning set out in section 7; registrable offender has the meaning set out in section 6; S. 3 def. of registration order inserted by No. 21/2016 s. 5(a). registration order means an order made under section 66ZR for the registration of a corresponding prohibition order;
reporting obligations, in relation to a registrable offender, means the obligations imposed on him or her by Part 3; reporting period means the period, as determined under Division 5 of Part 3, during which a registrable offender must comply with his or her reporting obligations; Secretary has the same meaning as in the Corrections Act 1986; S. 3 def. of security patient inserted by No. 34/2005 s. 4(2), amended by No. 26/2014 s. 455(Sch. item 27.1(c)). security patient has the same meaning as in the Mental Health Act 2014; S. 3 def. of sentence amended by Nos 34/2005 s. 4(4)(a)(b), 69/2005 s. 30(b), 48/2006 s. 42(Sch. item 33.3(a)), 68/2009 s. 97(Sch. item 112.1), 55/2014 s. 152(1)(c)(d). sentence includes— (a) a sentence within the meaning of the Criminal Procedure Act 2009 or the Children, Youth and Families Act 2005, including an order for the adjournment of a proceeding under section 59 of the Criminal Procedure Act 2009; and (ab) a declaration under section 18(4)(a) or 23(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the accused is liable to supervision under Part 5 of that Act; and (aba) a declaration under section 38Y(4)(a) or 38ZD(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the child is liable
A registrable offender (other than a corresponding registrable offender) who is in Victoria on 1 October 2004, but who is not in government custody at that time Within 45 days after 1 October 2004 Any other registrable offender who is sentenced for a registrable offence in Victoria Within 7 days after he or she is sentenced for the registrable offence A registrable offender who enters Victoria from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Chief Commissioner of Police Within 7 days after entering and remaining in Victoria for 14 or more consecutive days, not counting any days spent in government custody A corresponding registrable offender who has not previously reported his or her personal details to the Chief Commissioner of Police and who is in Victoria on the date on which he or she becomes a corresponding registrable offender Within 7 days after he or she becomes a corresponding registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later A registrable offender referred to in section 11(9) and (10) Within 7 days after the order referred to in section 11(9) is made (2) Despite subsection (1), a registrable offender must report his or her personal details to the Chief Commissioner of Police before leaving Victoria unless he or she entered Victoria from a foreign jurisdiction and remained in Victoria for less than 14 consecutive days, not counting any days spent in government custody.
S. 17(1A) inserted by No. 52/2007 s. 15(2), amended by Nos 55/2009 s. 43, 82/2014 s. 7(2). (1A) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(d) or (1)(e) applies within one day after that change occurs. S. 17(1B) inserted by No. 55/2009 s. 42(6). (1B) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(m) applies— S. 17(1B)(a) amended by No. 82/2014 s. 7(3). (a) within 7 days after that change occurs; or S. 17(1B)(b) amended by No. 82/2014 s. 7(3). (b) if the registrable offender intends to leave Victoria to travel out of Australia within 7 days after that change occurs, at least 7 days before leaving Victoria. S. 17(2) amended by Nos 52/2007 s. 15(3), 82/2014 s. 7(4). (2) For the purposes of subsection (1) or (1A), a change occurs in the premises or household where the registrable offender generally resides, or as to when the registrable offender has contact with a child, or in the premises where the registrable offender is generally employed, or the motor vehicle that he or she generally drives, only on the expiry of the relevant period referred to in section 14(2). S. 17(3) amended by No. 82/2014 s. 7(5). (3) If the personal details of a registrable offender (other than one to whom Division 9 applies) change while he or she is not in Victoria, he or she must report the change to the Chief Commissioner of Police within 7 days after entering and
any particular premises, of the localities in which he or she can generally be found; and (d) a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark. (2) A registrable offender may make any other report that he or she is required to make in person or in any other way permitted by the regulations or by the Chief Commissioner of Police, either generally or in a particular case. S. 23(3) amended by No. 37/2014 s. 10(Sch. item 154.2). (3) Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in person and only a police officer or other person approved for the purpose by the Chief Commissioner of Police may receive a report made in another way in accordance with subsection (2). (4) If a registrable offender attending in person is a child or has a disability that renders it impossible or impracticable for him or her to make a report— (a) in the case of a child, any parent or guardian of the child or, if neither a parent or guardian is available, an independent person who is accompanying the registrable offender; and (b) in the case of a person who has a disability, any parent, guardian, carer or other person nominated by the registrable offender who is accompanying the registrable offender— may make the report on the registrable offender's behalf. (5) Similarly, if a registrable offender who is permitted to make a report other than in person in accordance with subsection (2) is a child or has a disability that renders it impossible or impracticable for him or her to make the report himself or herself—
27 Power to take fingerprints or fingerscan S. 27(1) amended by No. 37/2014 s. 10(Sch. item 154.4(a)). (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender. S. 27(2) amended by No. 37/2014 s. 10(Sch. item 154.4(b)). (2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent or guardian is available, an independent person. S. 27A inserted by No. 34/2005 s. 12. 27A Power to take photographs S. 27A(1) amended by No. 37/2014 s. 10(Sch. item 154.5(a)). (1) A police officer receiving a report made in person under this Part may require the registrable offender— (a) to be photographed; and (b) to expose any part of his or her body on which there are any tattoos or permanent distinguishing marks to enable that part of the body to be photographed— by the police officer or a person authorised by the police officer. S. 27A(2) amended by No. 37/2014 s. 10(Sch. item 154.5(b)). (2) A police officer cannot, under this section, require a registrable offender to expose his or her genitals, the anal area of his or her buttocks or, in the case of females or transgender people who identify as females, their breasts.
person, who is authorised to do so by the Chief Commissioner of Police; and S. 63(1)(b) amended by No. 34/2005 s. 20(1)(a)–(c), substituted by No. 52/2007 s. 17. (b) that personal information in the Register is only disclosed in accordance with this Act. S. 63(1A) inserted by No. 34/2005 s. 20(2). (1A) Despite subsection (1)(b), the Chief Commissioner of Police may notify the Registrar within the meaning of the Births, Deaths and Marriages Registration Act 1996 of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register. S. 63(1B) inserted by No. 55/2009 s. 47. (1B) Despite subsection (1)(b), for the purposes of administering the Working with Children Act 2005, the Chief Commissioner of Police may notify the Secretary of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register. S. 63(1C) inserted by No. 82/2014 s. 20. (1C) Despite subsection (1)(b), for the purposes of administering the Firearms Act 1996, the Chief Commissioner of Police may notify the Firearms Appeals Committee established under Part 9 of that Act, and any person assisting that Committee, of part or all of the information relating to a registrable offender that is in the Register. (2) The Chief Commissioner of Police must develop guidelines in relation to the accessing and disclosure of personal information in the Register that attempt to ensure that access to the personal information in the Register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.
person in the presence of whom the sexual activity is engaged in is a child. Sch. 2 item 17A inserted by No. 47/2016 s. 43(8). 17A An offence against section 52E(1) of the Crimes Act 1958 (causing a person with a cognitive impairment or mental illness to be present during sexual activity) if the person in the presence of whom the sexual activity is engaged in is a child. Sch. 2 item 18 substituted by No. 47/2016 s. 43(8). 18 An offence against section 53G(1) of the Crimes Act 1958 (aggravated deceptive recruiting for commercial sexual services). Sch. 2 item 18AAAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8). * * * * * Sch. 2 item 18AAA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8). * * * * * Sch. 2 item 18AA inserted by No. 42/2015 s. 28(2), repealed by No. 47/2016 s. 43(8). * * * * * Sch. 2 item 18A inserted by No. 34/2005 s. 22(2), substituted by No. 47/2016 s. 43(8). 18A An offence against section 54A(1) of the Crimes Act 1958 (bestiality).