(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 (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(1) 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; S. 3(1) def. of prohibition order inserted by No. 21/2016 s. 5(a). corresponding prohibition order means an order that— (a) is made under a corresponding prohibition order Act; and
S. 3(1) 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(1) 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 of Director inserted by No. 79/2004 s. 100(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 10.1), repealed by No. 82/2012 s. 130(3).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(1) 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(1) 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) a person detained in a youth training centre or youth residential centre within the meaning of the Children and Young Persons Act 1989; or (c) a forensic patient detained in custody under a custodial supervision order made under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or
fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints; finding of guilt—see section 4; foreign jurisdiction means a jurisdiction other than Victoria (including jurisdictions outside Australia); foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; forensic patient has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3(1) def. of forensic resident inserted by No. 34/2005 s. 4(2). forensic resident has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3(1) def. of guardianship order inserted by No. 21/2016 s. 5(a). guardianship order has the same meaning as in the Guardianship and Administration Act 1986; S. 3(1) def. of good behaviour bond amended by Nos 48/2006 s. 42(Sch. item 33.2), 65/2011 s. 107(Sch. item 12.3), 26/2012 s. 78. good behaviour bond means— (a) an order under Subdivision (2) or (3) of Division 1 of Part 3BA of the Sentencing Act 1991 for the release of an offender on an adjournment (with or without recording a conviction); or (b) a bond under section 367 of the Children, Youth and Families Act 2005;
S. 3(1) 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(1) 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(1) def. of Police Ombudsman repealed by No. 79/2004 s. 100(1)(b). * * * * * S. 3(1) 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(1) 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(1) def. of registration exemption order inserted by No. 25/2017 s. 4. registration exemption order means an order made under section 11B; S. 3(1) 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(1) 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;
(d) a non-custodial supervision order made under section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3(1) def. of supervising authority substituted by No. 79/2006 s. 53(2), amended by No. 82/2012 s. 130(1). supervising authority means— (a) the Secretary in relation to an offender serving— (i) a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or (ii) an order referred to in paragraph (a) of the definition of good behaviour bond in section 3 under which the person is required to submit to strict supervision; and (b) the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs; S. 3(1) def. of sworn IBAC Officer inserted by No. 82/2012 s. 130(2). sworn IBAC Officer has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011. S. 3(2) inserted by No. 25/2017 s. 24(2). (2) A person who, on the day of commencement of section 24 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017, is a person described in paragraph (iva) or (ivb) of the definition of government custody is taken to have entered government custody on that day.
(a) is not a registrable offender for the purposes of this Act; or (b) has not been notified of that reporting obligation; or (c) does not remain in Victoria for 14 or more consecutive days, not counting any days spent in government custody; or (d) reports in accordance with section 12. Division 2—Ongoing reporting obligations 16 Registrable offender must report annually (1) A registrable offender must report his or her personal details to the Chief Commissioner of Police each year. (2) The registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which he or she first reported in accordance with this Act or a corresponding Act falls. Example J first reported his personal details to the Chief Commissioner of Police on 11 October 2004. This section requires J to make a further report of those details on or before 31 October 2005, 31 October 2006 (and so on). (3) If the registrable offender has been in government custody since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred. (4) If a registrable offender's reporting period expires, but he or she is then required to report again under section 13, the reference to the date on which he or she first reported is to be read as a reference to
the date on which he or she first reported in respect of the current reporting period. S. 16(5) inserted by No. 25/2017 s. 29, amended by No. 27/2018 s. 365(2). (5) Despite subsection (2), a registrable offender who is residing in a residential facility or a residential treatment facility as a condition of a supervision order or an interim supervision order under the Serious Offenders Act 2018 must make the report on the day specified by the Chief Commissioner of Police by written notice served on the registrable offender. S. 16(6) inserted by No. 25/2017 s. 29. (6) A notice under subsection (5) must specify a date that is within the calendar month in which the anniversary of the date on which the registrable offender first reported in accordance with this Act or a corresponding Act falls. 17 Registrable offender must report changes to relevant personal details S. 17(1) amended by Nos 52/2007 s. 15(1), 55/2009 s. 42(4)(5), 82/2014 s. 7(1). (1) Subject to subsections (1A) and (1B), a registrable offender must report to the Chief Commissioner of Police any change in his or her personal details within 7 days after that change occurs. 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
(b) the registrable offender is reporting under this Part and the police officer is not satisfied as to the identity 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. 27(3) inserted by No. 25/2017 s. 19(2). (3) A police officer of or above the rank of senior sergeant may serve, or may cause to be served, a notice on a registrable offender referred to in subsection (1) directing the registrable offender to attend at a police station specified in the notice within 28 days after service of the notice to have the fingerprints or a fingerscan of the registrable offender taken. S. 27(4) inserted by No. 25/2017 s. 19(2). (4) A notice under subsection (3) must— (a) state that if the registrable offender fails to comply with the notice, an application for a warrant to arrest the registrable offender may be made without further notice to the registrable offender; and (b) state that the registrable offender may wish to seek legal advice as to the effect of the notice; and (c) state the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and (d) contain the prescribed information, if any. S. 27(5) inserted by No. 25/2017 s. 19(2). (5) A notice under subsection (3) must be served by delivering a true copy of the notice to the registrable offender personally.
S. 27(6) inserted by No. 25/2017 s. 19(2). (6) Section 464ZFAA(6), (7) and (8) of the Crimes Act 1958 apply to a notice served under subsection (3) as if it were a notice served under that section. 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. 28 Reasonable force may be used to obtain fingerprints S. 28(1) amended by Nos 34/2005 s. 13(1)(a), 37/2014 s. 10(Sch. item 154.6(a)(i)). (1) Before attempting to exercise a power under section 27 or 27A, the police officer must inform the registrable offender in language likely to be understood by him or her— S. 28(1)(a) amended by Nos 34/2005 s. 13(1)(b), 37/2014 s. 10(Sch. item 154.6(a)(ii)), 25/2017 s. 21. (a) of the purpose for which the power is to be exercised and, in the case of a power under section 27(1)(b), why the police officer is not satisfied as to the registrable offender's identity; and
(b) if the registrable offender has been sentenced for more than one registrable offence in more than one court, to the court of the highest jurisdiction that imposed a sentence at first instance. S. 39A(3) inserted by No. 25/2017 s. 12(2). (3) An application under subsection (1) must be made to the Magistrates' Court if the registrable offender— (a) has been sentenced by the Children's Court for one or more registrable offences; and (b) has not been sentenced for a registrable offence by any other court; and (c) is of or over the age of 21 years at the time the application is made. S. 39A(4) inserted by No. 25/2017 s. 12(2). (4) An application under subsection (1) that relates to a person who is a registrable offender because the person is a corresponding registrable offender or a New South Wales registrable offender or was sentenced for an offence in a foreign jurisdiction must be made to— (a) the Supreme Court, if the person to whom the application relates is of or over the age of 18 years at the time the application is made; or (b) the Children's Court, if the person to whom the application relates is a child at the time the application is made. S. 39B inserted by No. 25/2017 s. 13. 39B How application is made An application under section 39 or 39A is made by filing with the relevant court referred to in that section a document in writing— (a) stating the grounds on which the application is made; and
S. 45A (Heading) amended by No. 25/2017 s. 17(1). S. 45A inserted by No. 82/2014 s. 16. 45A Chief Commissioner of Police may suspend reporting obligations for period not exceeding 5 years in certain circumstances S. 45A(1) amended by No. 25/2017 s. 17(2). (1) Subject to subsection (2), the Chief Commissioner of Police, by written notice served on a registrable offender, may suspend the registrable offender's reporting obligations for a period (not exceeding 5 years) specified in the notice. S. 45A(2) amended by No. 25/2017 s. 17(3). (2) The Chief Commissioner of Police must not act under subsection (1) unless satisfied that the registrable offender does not pose a risk or poses a low risk to the sexual safety of one or more persons or of the community. (3) In deciding whether to act under subsection (1), the Chief Commissioner of Police 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
S. 47 substituted by No. 82/2014 s. 18. 47 Offence of furnishing false or misleading information (1) A registrable offender who in purported compliance with this Part furnishes details (other than details to which section 14 applies) that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units). (2) A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 6 imprisonment (5 years maximum). (3) A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum). S. 47A inserted by No. 25/2017 s. 22. 47A Search warrants (1) A police officer of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant in relation to particular premises or a place (including a vehicle in or on the premises or the place) if the police officer suspects on reasonable grounds that— (a) an offence against this Act has been, is being or is likely to be committed; and
Division 8—Notification of reporting obligations 50 Notice to be given to registrable offender (1) A registrable offender is to be given written notice of— (a) his or her reporting obligations; and (b) the consequences that may arise if he or she fails to comply with those obligations. S. 50(1A) inserted by No. 25/2017 s. 31. (1A) A notice under subsection (1) must include the details (if any) prescribed by the regulations. (2) A registrable offender is to be given a notice under this section as soon as practicable after any of the following events happens— (a) he or she is sentenced for a registrable offence; (b) he or she is released from government custody (whether in government custody for a registrable offence or not); (c) he or she enters Victoria if he or she has not previously been given notice of his or her reporting obligations in Victoria; (d) he or she becomes a corresponding registrable offender, if he or she is in Victoria at that time. (3) A notice under this section is to be given by the person or body specified in, or determined in accordance with, the regulations. (4) A person or body is not required to give a notice under this section if the notice has been given by another person or body.
Pt 3 Div. 10 (Heading and ss 61A–61G) inserted by No. 21/2016 s. 11. Division 10—Publication of information about registrable offender who fails to comply with reporting obligations S. 61A inserted by No. 21/2016 s. 11. 61A Chief Commissioner of Police may publish information if registrable offender cannot be located (1) Subject to sections 61B and 61C, the Chief Commissioner of Police may publish, on an Internet site maintained by the Chief Commissioner, information about a registrable offender if— (a) the Chief Commissioner is satisfied that the registrable offender— (i) has failed to comply with the registrable offender's reporting obligations; or (ii) in purported compliance with the registrable offender's reporting obligations, has reported details that are false or misleading in any particular; and (b) the Chief Commissioner is satisfied that publishing the information may— (i) assist police in locating the registrable offender; or (ii) protect the sexual safety of the community; and (c) the registrable offender's whereabouts are not known to the Chief Commissioner.
personal information in the Register to any person. 240 penalty units or imprisonment for 2 years. (2) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to a government department, public statutory authority or court— (a) for the purpose of law enforcement or judicial functions or activities; or S. 64(2)(b) amended by No. 82/2014 s. 21. (b) as authorised or required by or under any Act or law; or S. 64(2)(c) amended by No. 21/2016 s. 7(1)(a). (c) if the Chief Commissioner or a person authorised to have access to the Register believes on reasonable grounds that to do so is necessary to enable the proper administration of this Act; or S. 64(2)(d) inserted by No. 21/2016 s. 7(1)(b). (d) for the purposes of an order made under Part 4A (other than an order under section 66ZD or 66ZE). S. 64(3) inserted by No. 20/2015 s. 15, amended by No. 54/2016 s. 38(1). (3) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to the Australian Crime Commission for entry on the Australian National Child Offender Register. S. 64(3A) inserted by No. 21/2016 s. 12. (3A) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information from the Register as authorised by Division 10 of Part 3.
assessment report means a report prepared under section 66L; community treatment report means a report prepared under section 66M; drug of dependence has the same meaning as in section 4 of the Drugs, Poisons and Controlled Substances Act 1981; monitoring condition means a condition of a prohibition order referred to in section 66U(1); properly notified, in relation to the making of an order, has the meaning given in section 66C(1). New s. 66B inserted by No. 21/2016 s. 8. 66B Sexual safety of the community paramount in prohibition order decisions (1) The court must give paramount consideration to the sexual safety of the community in deciding whether to— (a) make, vary, revoke or extend a prohibition order; or (b) vary a corresponding prohibition order before registration or vary a registration order. (2) For the purposes of subsection (1), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person. New s. 66C inserted by No. 21/2016 s. 8. 66C When is a registrable offender properly notified of an order? (1) For the purposes of this Part, a registrable offender is properly notified of an order—
4 Section 8(2) Sch. 4 item 1 amended by No. 74/2014 s. 33(4)(a). 1. An offence against section 40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958. Sch. 4 item 2 amended by No. 74/2014 s. 33(4)(b). 2. An offence against section 42(1) (assault with intent to commit a sexual offence), or 43(1) (threat to commit a sexual offence), of the Crimes Act 1958. Sch. 4 item 3 amended by No. 2/2006 s. 45(4)(a), substituted by No. 47/2016 s. 43(14). 3 An offence against section 44(1) of the Crimes Act 1958 (procuring sexual act by threat). Sch. 4 item 3A inserted by No. 47/2016 s. 43(14). 3A An offence against section 45(1) of the Crimes Act 1958 (procuring sexual act by fraud). Sch. 4 item 4 amended by No. 2/2006 s. 45(4)(b), substituted by No. 47/2016 s. 43(14). 4 An offence against section 46(1) of the Crimes Act 1958 (administration of an intoxicating substance for a sexual purpose). Sch. 4 item 4A inserted by No. 47/2016 s. 43(14). 4A An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose). Sch. 4 item 5 substituted by No. 47/2016 s. 43(14). 5 An offence against section 52C(1) of the Crimes Act 1958 (sexual assault of a person with a cognitive impairment or mental illness). Sch. 4 item 5A inserted by No. 47/2016 s. 43(14). 5A An offence against section 52D(1) of the Crimes Act 1958 (sexual activity in the presence of a person with a cognitive impairment or mental illness). Sch. 4 item 6 substituted by No. 47/2016 s. 43(14). 6 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).
Sch. 4 item 6A inserted by No. 47/2016 s. 43(14). 6A An offence against section 53B(1) of the Crimes Act 1958 (using force, threat etc. to cause another person to provide commercial sexual services). Sch. 4 item 7 substituted by No. 47/2016 s. 43(14). 7 An offence against section 53C(1) of the Crimes Act 1958 (causing another person to provide commercial sexual services in circumstances involving sexual servitude). Sch. 4 item 7A inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14). 7A An offence against section 53D(1) of the Crimes Act 1958 (conducting a business in circumstances involving sexual servitude). Sch. 4 item 7B inserted by No. 34/2005 s. 23, substituted by No. 47/2016 s. 43(14). 7B An offence against section 53F(1) of the Crimes Act 1958 (deceptive recruiting for commercial sexual services). Sch. 4 item 8 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15). 8. An offence against section 76 of the Crimes Act 1958 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. Sch. 4 item 9 amended by Nos 74/2014 s. 33(4)(c), 52/2015 s. 48, 47/2016 s. 43(15). 9. An offence against section 77 of the Crimes Act 1958 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit an offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958. 10. An offence against a provision of the Crimes Act 1958 amended or repealed before 1 October 2004 of which the necessary elements at the time it was committed consisted of elements that constitute any of the offences referred to in items 1 to 9.