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). s. 3 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 (ab) an order under Part 3A of the Sentencing Act 1991 to which one or more conditions referred to in section 48D, 48E, 48F, 48G, 48H, 48I or 48K or a requirement under section 48LA of the Sentencing Act 1991 is attached; or
S. 3 def. of Police Ombudsman repealed by No. 79/2004 s. 100(1)(b). * * * * * Register means the Register of Sex Offenders established under section 62; registrable offence has the meaning set out in section 7; registrable offender has the meaning set out in section 6; 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). s. 3 security patient has the same meaning as in the Mental Health Act 1986; 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). 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
S. 12(1) (Table) amended by No. 55/2009 s. 44(1)(2). TABLE Column 1 Column 2 Registrable Offender Period for Initial Report A registrable offender (other than a corresponding registrable offender) who enters government custody in Victoria on or after 1 October 2004 as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in Victoria Within 7 days after he or she ceases to be in government custody A registrable offender (other than a corresponding registrable offender) in government custody in Victoria immediately before 1 October 2004 and who ceases to be in government custody whilst in Victoria Within 7 days after he or she ceases to be in government custody 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 (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. 13 When new initial report must be made by offender whose previous reporting obligations have ceased s. 13 (1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Chief Commissioner of Police— S. 13(1)(a) amended by No. 55/2009 s. 44(3). (a) within 7 days after he or she is sentenced for the registrable offence; or
(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. 59 Appeal against order S. 59(1) amended by Nos 79/2004 s. 100(2)(a)(i), 82/2012 s. 131(1). s. 59 (1) A person who is aggrieved by a decision of the Chief Commissioner of Police in relation to an order under this Division may appeal to the IBAC against the decision within 3 days after receiving notice of the decision. S. 59(2) amended by Nos 79/2004 s. 100(2)(a)(i), 82/2012 s. 131(1). (2) The IBAC, in determining the appeal, may make any decision that could have been made by the Chief Commissioner of Police. S. 59(3) amended by Nos 79/2004 s. 100(2)(a)(ii), 82/2012 s. 131(2). (3) The IBAC's decision in respect of the appeal has effect according to its terms. 60 When order takes effect (1) An order declaring that this Division applies to a registrable offender takes effect immediately. (2) An order declaring that this Division does not apply to a registrable offender takes effect— (a) at the end of 28 days after notice of the making of the order is given to the registrable offender; or
(b) if an application referred to in section 58(3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in section 58(4)(c); or S. 60(2)(c) amended by Nos 79/2004 s. 100(2)(b), 82/2012 s. 132. (c) if an appeal is made under section 59 before the end of that 3 day period, on the date on which the IBAC determines the appeal— whichever is the later. 61 Modification of ongoing reporting obligations s. 61 Sections 14(1), 18 to 21 and 49 apply with respect to a person to whom this Division applies as if any reference in them to Victoria were a reference to the jurisdiction in which the person generally resides. __________________ 62 Register of Sex Offenders s. 62 (1) The Chief Commissioner of Police is to establish and maintain a Register of Sex Offenders. (2) The Register is to contain the following information in respect of each registrable offender (to the extent that it is known by the Chief Commissioner of Police)— (a) the registrable offender's name and other identifying particulars; and (b) details of each Class 1 or Class 2 offence of which the registrable offender has been found guilty or with which he or she has been charged; and (c) details of each offence of which the registrable offender has been found guilty
Assent Date: 29.5.12 Commencement Date: S. 78 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 48) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: Ss 129–137 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Endnotes Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013 Assent Date: 4.6.13 Commencement Date: S. 60 on 27.7.13: Special Gazette (No. 226) 25.6.13 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: S. 22 on 1.1.14: s. 2(4) Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 Crimes Amendment (Grooming) Act 2014, No. 7/2014 Assent Date: 25.2.14 Commencement Date: S. 5(1) on 9.4.14: Special Gazette (No. 112) 8.4.14 p. 1 Current State: This information relates only to the provision/s amending the Sex Offenders Registration Act 2004 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.