Version No. 053 Sex Offenders Registration Act 2004 No. 56 of 2004 Version incorporating amendments as at 19 October 2016 The Parliament of Victoria enacts as follows: 1 Purpose and outline (1) The purpose of this Act is— (a) to require certain offenders who commit sexual offences to keep police informed of their whereabouts and other personal details for a period of time— (i) to reduce the likelihood that they will re-offend; and (ii) to facilitate the investigation and prosecution of any future offences that they may commit; (b) to prevent registered sex offenders working in child-related employment; S. 1(1)(c) amended by No. 82/2012 s. 129(1). (c) to empower the IBAC to monitor compliance with Part 4 of this Act. (2) In outline this Act— (a) provides for the establishment of a Register of Sex Offenders; and
(b) a youth attendance order within the meaning of the Children, Youth and Families Act 2005; or (c) a youth supervision order within the meaning of the Children, Youth and Families Act 2005 where the person is required to engage in community service activities by a direction under section 389(1)(g) of that Act; S. 3 def. of contact inserted by No. 82/2014 s. 3(1). contact—see section 4A; corresponding Act means a law of a foreign jurisdiction— (a) that provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and (b) that the regulations state is a corresponding Act for the purposes of this Act; corresponding registrable offence means an offence that is a registrable offence for the purposes of a corresponding Act but is not a registrable offence within the meaning of this Act; corresponding registrable offender has the meaning set out in section 9; corresponding registrar means the person whose duties and functions under a corresponding Act most closely correspond to the duties and functions of the Chief Commissioner of Police under this Act;
corresponding sex offender registration order means an order made under a corresponding Act that falls within a class of order that the regulations state is a corresponding sex offender registration order for the purposes of this Act; court includes a court (however described) of a foreign jurisdiction; S. 3 def. of detainee substituted by No. 82/2014 s. 3(2). detainee means a person detained in a youth justice centre or youth residential centre within the meaning of the Children, Youth and Families Act 2005; S. 3 def. of Director inserted by No. 79/2004 s. 100(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 10.1), repealed by No. 82/2012 s. 130(3). * * * * * S. 3 def. of disability substituted by No. 16/2010 s. 209(Sch. item 8) (as amended by No. 26/2011 s. 34(Sch. item 10.3)). disability has the same meaning as it has in the Equal Opportunity Act 2010; Note The meaning of disability is affected by section 5(2). S. 3 def. of existing controlled registrable offender substituted by No. 79/2006 s. 53(1), amended by Nos 55/2014 s. 152(1)(a), 82/2014 s. 3(3). existing controlled registrable offender means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004— (a) an inmate; 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 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);
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. 13 When new initial report must be made by offender whose previous reporting obligations have ceased (1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable
(f) any information reported in respect of the registrable offender under Part 3; and (g) any other information that the Chief Commissioner of Police considers appropriate to include in the Register. 63 Access to the Register to be restricted (1) The Chief Commissioner of Police must ensure— (a) that the Register, or any part of the Register, is only accessed by a person, or a class of 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
Division 5—Prohibition order conditions 66Q Conditions to be included in prohibition order (1) The court may include in a prohibition order any conditions that appear to be necessary or desirable in the circumstances. (2) Without limiting subsection (1), a prohibition order may include conditions— (a) prohibiting the registrable offender associating with or otherwise contacting a specified person or class of person; and Examples Persons aged less than 18 years, victims of the registrable offender or the victim's family members. (b) prohibiting the registrable offender being in, or anywhere within a specified distance of, a specified place or class of place; and (c) subject to section 66R, excluding the registrable offender from premises at which the registrable offender generally resides; and (d) prohibiting the registrable offender from engaging in specified behaviour; and (e) prohibiting the registrable offender from engaging in specified community activities; and (f) subject to subsection (3), prohibiting the registrable offender from engaging in specified employment or a specified kind of employment; and