Corrections Legislation Amendment Act 2025 (Vic)
Corrections Legislation Amendment Act 2025
No. 28 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Serious Offenders Act 2018
3Definitions
4Suggested conditions
5New section 36A inserted
6Section 153 amended
7Section 154 amended
8Police officer may arrest without warrant
9Commencement of criminal proceeding for offence against section 169
10New section 173A inserted
11Supreme Court or County Court may conduct summary hearing
12Transfer of proceeding for related summary offence
13Hearing and determination of related summary offence by Supreme Court or County Court
14Section 284 substituted and new section 284A inserted
15Guidelines for disclosure
16Membership of Authority
17Section 294 amended
18New section 294A inserted
19Acting appointments
20Chairing of meetings
21Meetings
22Annual report
Part 3—Amendment of Sex Offenders Registration Act 2004
23Definitions
24When new initial report must be made by offender whose previous reporting obligations have ceased
25Registrable offender must report annually
26When reporting obligations begin
27New section 35AA inserted
28New section 75A inserted
29New Schedule 6 inserted
Part 4—Amendment of Corrections Act 1986
30Definitions
31Conditions for making a parole order for person imprisoned for certain fatal offences
32Revocation of cancellation
33Application of this Division
34Application of this Division
35Authorisation to use or disclose information
36New section 112E inserted
37Schedule 5—Persons authorised to use and disclose information
38New item 4AA inserted in Schedule 5
Part 5—Consequential amendment of other Acts—reporting obligations
Division 1—Bus Safety Act 2009
39Decision on application for driver accreditation
40Mandatory cancellation of driver accreditations in certain cases
Division 2—Commercial Passenger Vehicle Industry Act 2017
41Decision on application for driver accreditation
42Mandatory cancellation of driver accreditations in certain cases
Division 3—Worker Screening Act 2020
43NDIS category A applications
44Holder of NDIS clearance or applicant for NDIS check must notify Secretary of relevant change in circumstances
45Restriction on right to make further application for an NDIS check—person given an NDIS exclusion
46Suspension powers on re-assessment of NDIS clearance
47NDIS category A re-assessments
48WWC category A applications
49Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances
50Restriction on right to make further application for WWC check—person given a WWC exclusion
51WWC category A re-assessments
52Exception—engaging in risk assessed role on application or re-application
53Schedule 5—Obligations and orders and offences
Part 6—Consequential amendment of other Acts—offences
Division 1—Bus Safety Act 2009
54Schedule 1—Categorised offences
Division 2—Commercial Passenger Vehicle Industry Act 2017
55Schedule 1—Categorised offences
Division 3—Worker Screening Act 2020
56Schedule 4—WWC category B offences
57Schedule 5—Obligations and orders and offences
Part 7—Repeal of this Act
58Repeal of this Act
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Endnotes
1 General information
Corrections Legislation Amendment Act 2025
No. 28 of 2025
[Assented to 19 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Serious Offenders Act 2018 in relation to—
(i)conditions of supervision orders; and
(ii)victim submissions; and
(iii)arrests without warrant; and
(iv)proceedings for the offence of attempting to contravene a supervision order or interim supervision order; and
(v)the use and disclosure of information by authorised persons; and
(vi)membership of the Post Sentence Authority; and
(vii)machinery of government changes; and
(b)to amend the Sex Offenders Registration Act 2004 in relation to reporting periods for registrable offenders who are serious sex offenders; and
(c)to amend the Corrections Act 1986 in relation to—
(i)prison offences; and
(ii)the revocation of the cancellation of a prisoner's parole; and
(iii)conditions for the making of parole orders for persons imprisoned for certain fatal offences; and
(iv)the validity of parole orders made since 14 December 2016 in respect of prisoners serving sentences of imprisonment for certain fatal offences in circumstances in which the body or remains of the deceased victim have been located; and
(v)machinery of government changes; and
(d)to make consequential amendments to certain other Acts.
2Commencement
(1)This Act (other than sections 10 to 13 and Parts 3 and 5) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 March 2026, it comes into operation on that day.
PART 2—AMENDMENT OF SERIOUS OFFENDERS ACT 2018
3Definitions
(1)In section 3 of the Serious Offenders Act 2018, in the definition of responsible agency, for paragraph (b) substitute—
"(b)the Secretary to the Department of Families, Fairness and Housing; or
(ba)the Secretary to the Department of Health; or".
(2)In section 3 of the Serious Offenders Act 2018 insert the following definitions—
"authorised person means—
(a)any member, or the secretary, of the Adult Parole Board; or
(b)the Secretary; or
(c)an independent prison visitor appointed under section 35 of the Corrections Act 1986; or
(d)any person employed in the Department of Justice and Community Safety; or
(e)any person who delivers services or advice to, or on behalf of, the Department of Justice and Community Safety, whether paid or unpaid; or
(f)the Secretary to the Department of Families, Fairness and Housing or the Secretary to the Department of Health; or
(g)any person employed in the Department of Families, Fairness and Housing or the Department of Health; or
(h)any person who delivers services or advice on behalf of the Department of Families, Fairness and Housing or the Department of Health; or
(i)a person employed or engaged by a hospital listed in Schedule 1 to the Health Services Act 1988; or
(j)a person employed or engaged by a hospital listed in Schedule 2 to the Health Services Act 1988; or
(k)a person employed or engaged by a public health service listed in Schedule 5 to the Health Services Act 1988; or
(l)any member of the Authority or any employee assisting the Authority under section 301 to perform its functions; or
(m)any person who delivers services or advice to, or on behalf of, the Authority, whether paid or unpaid; or
(n)a person or body from which a responsible agency seeks or obtains advice; or
(o)a person or body prescribed as a responsible agency under paragraph (d) of the definition of responsible agency; or
(p)the Chief Commissioner of Police; or
(q)a police officer; or
(r)any Victoria Police employee within the meaning of the Victoria Police Act 2013; or
(s)any person who delivers services or advice on behalf of Victoria Police; or
(t)an Australian lawyer engaged for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act; or
(u)the Secretary to the Department of Home Affairs of the Commonwealth; or
(v)any person employed in the Department of Home Affairs of the Commonwealth; or
(w)any person who delivers services or advice on behalf of the Department of Home Affairs of the Commonwealth; or
(x)the Secretary to the Attorney-General's Department of the Commonwealth; or
(y)any person employed in the
Attorney-General's Department of
the Commonwealth; or
(z)any person who delivers services
or advice on behalf of the
Attorney-General's Department of
the Commonwealth; or
(za)the Commissioner of the Australian Federal Police; or
(zb)a member or a special member of the Australian Federal Police; or
(zc)the Commonwealth Director of Public Prosecutions; or
(zd)any person employed in the Office of the Commonwealth Director of Public Prosecutions; or
(ze)any person who delivers services or advice on behalf of the Office of the Commonwealth Director of Public Prosecutions; or
(zf)the DPP; or
(zg)the Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or
(zh)any Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; or
(zi)the Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994; or
(zj)any person employed in the Office of Public Prosecutions for Victoria; or
(zk)any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; or
(zl)an NDIS provider, and a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or
(zm)the Attorney General for New South Wales; or
(zn)a prescribed person or body;
relevant Act means—
(a)the Bail Act 1977; or
(b)the Children, Youth and Families Act 2005; or
(c)the Control of Weapons Act 1990; or
(d)the Corrections Act 1986; or
(e)the Crimes Act 1958; or
(f)the Disability Act 2006; or
(g)the Family Violence Protection Act 2008; or
(h)the Firearms Act 1996; or
(i)the Housing Act 1983; or
(j)the Mental Health and Wellbeing Act 2022; or
(k)the National Domestic Violence Order Scheme Act 2016; or
(l)the Personal Safety Intervention Orders Act 2010; or
(m)the Sentencing Act 1991; or
(n)the Sex Offenders Registration Act 2004; or
(o)the Summary Offences Act 1966; or
(p)the Worker Screening Act 2020; or
(q)the Crimes Act 1914 of the Commonwealth; or
(r)the Criminal Code Act 1995 of the Commonwealth; or
(s)the Migration Act 1958 of the Commonwealth; or
(t)the National Disability Insurance Scheme Act 2013 of the Commonwealth; or
(u)the Crimes (High Risk Offenders) Act 2006 of New South Wales;".
4Suggested conditions
In section 35(2)(b) of the Serious Offenders Act 2018 omit "at the direction of the Authority".
5New section 36A inserted
After section 36 of the Serious Offenders Act 2018 insert—
"36A Condition authorising Authority to give directions relating to place of residence
(1)This section applies if a court imposes the following conditions on a supervision order—
(a)a condition under section 34(1) in relation to the place where the offender is to reside;
(b)a condition under section 36(1) authorising the Authority to give directions to the offender in relation to that condition under section 34(1).
(2)Unless the court otherwise orders, the Authority may give directions relating to any of the following—
(a)whether another person may live with the offender;
(b)who the offender may live with;
(c)who may be at the offender's place of residence between the hours specified by the Authority.".
6Section 153 amended
(1)In the heading to section 153 of the Serious Offenders Act 2018, for "Victim submissions" substitute "Submissions".
(2)For section 153(1) of the Serious Offenders Act 2018 substitute—
"(1)A victim (within the meaning of section 30A of the Corrections Act 1986) of an offender, or a person included on the victims register under section 30C(2) of that Act in relation to an offender, may make a submission to the Authority for consideration by the Authority in determining any direction it may give the offender under the conditions of a supervision order or interim supervision order.".
(3)For section 153(2) of the Serious Offenders Act 2018 substitute—
"(2)Unless the Authority is satisfied that doing so is inappropriate or impracticable in the circumstances, the Authority must give notice of a proposed direction to each person included on the victims register established under the Corrections Act 1986 who is—
(a)a victim (within the meaning of section 30A of that Act) of the offender; or
(b)a person included on the victims register under section 30C(2) of that Act in relation to the offender.
(2A)For the purposes of subsection (2), the Authority may have regard to the Secretary's opinion on whether giving notice of a proposed direction is inappropriate or impracticable in the circumstances.".
(4)In section 153(3)(b) of the Serious Offenders Act 2018 omit "victim".
(5)In section 153(4) of the Serious Offenders Act 2018 omit "victim".
(6)In section 153(5) of the Serious Offenders Act 2018 omit "victim".
7Section 154 amended
(1)In the heading to section 154 of the Serious Offenders Act 2018 omit "victim".
(2)For section 154(1)(a) and (b) of the Serious Offenders Act 2018 substitute—
"(a)must consider whether it is appropriate for it to consider submissions made by—
(i)a victim (within the meaning of section 30A of the Corrections Act 1986) of the offender; or
(ii)a person included on the victims register under section 30C(2) of that Act in relation to the offender—
in relation to the matter to be determined, having regard to the conditions of the supervision order or interim supervision order; and
(b)if it considers it appropriate—
(i)must consider any submission it receives in relation to the matter being determined; and
(ii)may, in its absolute discretion, give that submission the weight that the Authority sees fit in determining whether to give a direction.".
(3)In section 154(2) of the Serious Offenders Act 2018 omit "victim" (wherever occurring).
(4)In section 154(3) of the Serious Offenders Act 2018 omit "victim" (wherever occurring).
(5)For section 154(4) of the Serious Offenders Act 2018 substitute—
"(4)Despite subsections (2) and (3), the Authority may take reasonable steps to disclose to the offender, or the offender's legal representative, the substance of the submission if the Authority is satisfied that those steps would not reasonably lead to the identification of the person who made the submission.".
8Police officer may arrest without warrant
For section 162(2) of the Serious Offenders Act 2018 substitute—
"(2)An offender who is arrested under this section must, as soon as practicable after the arrest, be—
(a)remanded in custody; or
(b)released on bail in accordance with the Bail Act 1977; or
(c)released unconditionally.".
9Commencement of criminal proceeding for offence against section 169
In section 173(3) of the Serious Offenders Act 2018, for "section 121(1)(k)" substitute "section 121(1)(l)".
10New section 173A inserted
After section 173 of the Serious Offenders Act 2018 insert—
"173A Commencement of criminal proceeding for offence of attempt to commit offence against section 169
(1)A criminal proceeding for an offence against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169 may be commenced by the Secretary or a police officer.
(2)A criminal proceeding for an offence against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169 is to be heard and determined by the Supreme Court or the County Court, being the court that made the supervision order or interim supervision order that is the subject of the charge.
(3)A criminal proceeding for an offence against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169 in relation to an interim supervision order made by the Court of Appeal under section 122 is to be heard in the court to which the matter was remitted under section 121(1)(l).
(4)Section 173(4) to (7) applies in relation to an offence against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169 as if a reference in section 173(4) to (7) to section 169 were a reference to section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169.".
11Supreme Court or County Court may conduct summary hearing
(1)For section 174(1) of the Serious Offenders Act 2018 substitute—
"(1)The Supreme Court or County Court may hear and determine summarily a charge for an offence against—
(a)section 169; or
(b)section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169.".
(2)In section 174(4) of the Serious Offenders Act 2018, for "against section 169" substitute "referred to in subsection (1)".
12Transfer of proceeding for related summary offence
(1)In section 175(2) of the Serious Offenders Act 2018, after "section 173" insert "or 173A".
(2)In section 175(3) of the Serious Offenders Act 2018, after "section 169" insert "or against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169".
13Hearing and determination of related summary offence by Supreme Court or County Court
(1)In section 176(1) of the Serious Offenders Act 2018, after "169," insert "or against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169,".
(2)In section 176(2) of the Serious Offenders Act 2018, for "169" substitute "169, or against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169,".
(3)In section 176(4) of the Serious Offenders Act 2018, after "169" insert "or against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169".
14Section 284 substituted and new section 284A inserted
For section 284 of the SeriousOffenders Act 2018 substitute—
"284 Use of information by authorised person
(1)An authorised person may use any information obtained by the authorised person in carrying out a function under this Act or any other Act if—
(a)the use is authorised by the person to whom the information relates; or
(b)the use is authorised or required by or under this Act or any other Act; or
(c)the authorised person believes on reasonable grounds that the use is necessary to enable the authorised person or another authorised person to perform a function under this Act or a relevant Act, including—
(i)preparing assessment reports, progress reports, treatment and supervision plans or any other reports or documents required by this Act; or
(ii)making or responding to an application under this Act; or
(iii)preparing and reviewing coordinated services plans; or
(iv)delivering services or providing for the delivery of services in accordance with coordinated services plans; or
(v)managing any offender under—
(A)this Act; or
(B)the Corrections Act 1986; or
(C)the Sentencing Act 1991; or
(d)the authorised person believes on reasonable grounds that the use is necessary—
(i)to reduce the risk of any offender committing—
(A)a serious sex offence or a serious violence offence or both; or
(B)an offence referred to in Schedule 3; or
(ii)to reduce the risk of any offender engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or
(iii)to lessen or prevent a threat to the life, health, safety or welfare of any person.
(2)A person who is or has been an authorised person must not use any information obtained by the person in carrying out a function under this Act unless—
(a)the use is authorised by this section; or
(b)the Secretary has under section 289A authorised the use; or
(c)the Secretary has under section 289A approved the publication of research based on the information that is used.
Penalty:120 penalty units.
(3)An authorised person may use information given to the Authority that is not disclosed in a decision of the Authority, or in any reasons given by the Authority for a decision of the Authority, if the authorised person believes on reasonable grounds that—
(a)the use is necessary for the administration of this Act; or
(b)the use is necessary for preparation for, conduct of or participation in—
(i)a proceeding in any court; or
(ii)a proceeding before a tribunal; or
(iii)an inquest or investigation held by a coroner; or
(c)the use is necessary—
(i)to reduce the risk of any offender committing—
(A)a serious sex offence or a serious violence offence or both; or
(B)an offence referred to in Schedule 3; or
(ii)to reduce the risk of any offender engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or
(iii)to lessen or prevent a threat to the life, health, safety or welfare of any person.
(4)Nothing in this section limits or affects any requirement imposed by any other provision of this Act for the Secretary to notify the Authority or the Adult Parole Board of any matter.
284ADisclosure of information by authorised person
(1)An authorised person may disclose to another authorised person any information obtained by the authorised person in carrying out a function under this Act or any other Act if—
(a)the disclosure is authorised by the person to whom the information relates; or
(b)the disclosure is authorised or required by or under this Act or any other Act; or
(c)the authorised person believes on reasonable grounds that the disclosure is necessary to enable the authorised person or the other authorised person to perform a function under this Act or a relevant Act, including—
(i)preparing assessment reports, progress reports, treatment and supervision plans or any other reports or documents required by this Act; or
(ii)making or responding to an application under this Act; or
(iii)preparing and reviewing coordinated services plans; or
(iv)delivering services or providing for the delivery of services in accordance with coordinated services plans; or
(v)managing any offender under—
(A)this Act; or
(B)the Corrections Act 1986; or
(C)the Sentencing Act 1991.
(2)An authorised person may disclose to any person any information obtained by the authorised person in carrying out a function under this Act or any other Act if—
(a)the disclosure is authorised by the person to whom the information relates; or
(b)the authorised person believes on reasonable grounds that the disclosure is necessary—
(i)to reduce the risk of any offender committing—
(A)a serious sex offence or a serious violence offence or both; or
(B)an offence referred to in Schedule 3; or
(ii)to reduce the risk of any offender engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or
(iii)to lessen or prevent a threat to the life, health, safety or welfare of any person.
(3)A person who is or has been an authorised person must not disclose any information obtained by the person in carrying out a function under this Act unless—
(a)the disclosure is authorised by this section; or
(b)the Secretary has under section 289A authorised the disclosure; or
(c)the Secretary has under section 289A approved the publication of research based on the information that is disclosed.
Penalty:120 penalty units.
(4)An authorised person may disclose information given to the Authority that is not disclosed in a decision of the Authority, or in any reasons given by the Authority for a decision of the Authority, if—
(a)the authorised person believes on reasonable grounds that it is necessary to disclose the information for the administration of this Act; or
(b)the authorised person believes on reasonable grounds that it is necessary to disclose the information for the preparation for, conduct of or participation in—
(i)a proceeding in any court; or
(ii)a proceeding before a tribunal; or
(iii)an inquest or investigation held by a coroner; or
(c)the authorised person believes on reasonable grounds that the disclosure is necessary—
(i)to reduce the risk of any offender committing—
(A)a serious sex offence or a serious violence offence or both; or
(B)an offence referred to in Schedule 3; or
(ii)to reduce the risk of any offender engaging in any behaviour or conduct that threatens the safety of any person (including the offender); or
(iii)to lessen or prevent a threat to the life, health, safety or welfare of any person.
(5)Section 277 does not apply to the disclosure of information under this section.
(6)Nothing in this section limits or affects any requirement imposed by any other provision of this Act for the Secretary to notify the Authority or the Adult Parole Board of any matter.".
15Guidelines for disclosure
(1)In section 285(1) of the Serious Offenders Act 2018, for "section 284" substitute "section 284A".
(2)In section 285(2)(d) of the Serious Offenders Act 2018, for "Department of Health and Human Services" substitute "Department of Families, Fairness and Housing or the Secretary to the Department of Health".
16Membership of Authority
(1)In section 293(1) of the Serious Offenders Act 2018, for "10 persons" substitute "13 persons".
(2)For section 293(1)(b) of the Serious Offenders Act 2018 substitute—
"(b)at least one deputy chairperson but not more than 2 deputy chairpersons (who may be either full-time or sessional members); and".
(3)In section 293(1)(c) of the Serious Offenders Act 2018, for "3 members (in addition to the chairperson and deputy chairperson)" substitute "5 members (including the chairperson and deputy chairperson or deputy chairpersons (as the case may be))".
(4)In section 293(1)(d) of the Serious Offenders Act 2018, for "5 members (in addition to the chairperson and deputy chairperson)" substitute "10 members (including the chairperson and deputy chairperson or deputy chairpersons (as the case may be))".
(5)After section 293(2) of the Serious Offenders Act 2018 insert—
"(3)At least one member of the Authority must be a person who—
(a)is descended from an Aboriginal or Torres Strait Islander; and
(b)identifies as an Aboriginal or Torres Strait Islander; and
(c)is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community.".
17Section 294 amended
(1)In the heading to section 294 of the Serious Offenders Act 2018, for "deputy chairperson" substitute "deputy chairpersons".
(2)In section 294(2) of the Serious Offenders Act 2018, for "one" substitute "at least one but not more than 2".
(3)In section 294(3) of the Serious Offenders Act 2018, for "the deputy" substitute "a deputy".
(4)Insert the following note at the foot of section 294(3) of the Serious Offenders Act 2018—
"Note
See also section 295(4).".
18New section 294A inserted
After section 294 of the Serious Offenders Act 2018 insert—
"294A Selection of member to chair meetings in certain circumstances
The chairperson must select one of the members referred to in section 293(2)(a), (b) or (c) to preside at meetings at which that chairperson and all the following are unable to perform the duties of office or are absent or the office is vacant—
(a)the deputy chairperson or both deputy chairpersons (as the case may be);
(b)the acting chairperson;
(c)the acting deputy chairperson or both acting deputy chairpersons (as the case may be).
Note
See also sections 294(3) and 295(4).".
19Acting appointments
(1)In section 295(1) of the Serious Offenders Act 2018—
(a)in paragraph (a), after "the deputy chairperson" insert "or both deputy chairpersons (as the case may be)";
(b)in paragraph (b), after "the deputy chairperson" insert "or both deputy chairpersons (as the case may be)";
(c)in paragraph (c), after "the deputy chairperson" insert "or both deputy chairpersons (as the case may be)".
(2)In section 295(2) of the Serious Offenders Act 2018—
(a)in paragraph (a), for "the deputy chairperson is" substitute "the deputy chairperson or either deputy chairperson (as the case may be) is";
(b)in paragraph (b), for "the deputy chairperson is" substitute "the deputy chairperson or either deputy chairperson (as the case may be) is";
(c)in paragraph (c), for "the office of the deputy chairperson is" substitute "the office or either office of deputy chairperson (as the case may be) is".
(3)Insert the following note at the foot of section 295(4) of the Serious Offenders Act 2018—
"Note
See also section 294(3).".
20Chairing of meetings
(1)In section 297(2) of the Serious Offenders Act 2018, after "the deputy chairperson" (where twice occurring) insert "or either deputy chairperson (as the case may be)".
(2)For section 297(3) of the Serious Offenders Act 2018 substitute—
"(3)In the absence of the chairperson and deputy chairperson or both deputy chairpersons (as the case may be), a member appointed as acting chairperson or acting deputy chairperson is to preside at the meetings of the Authority at which the person is present.".
(3)After section 297(3) of the Serious Offenders Act 2018 insert—
"(4)In the absence of the chairperson, deputy chairperson or both deputy chairpersons (as the case may be), acting chairperson and acting deputy chairperson or both acting deputy chairpersons (as the case may be), a member selected under section 294A is to preside at meetings of the Authority at which that member is present.".
21Meetings
For section 298(3)(a)(i) and (ii) of the Serious Offenders Act 2018 substitute—
"(i)the chairperson;
(ii)the acting chairperson;
(iii)the deputy chairperson or either deputy chairperson (as the case may be);
(iv)the acting deputy chairperson or either acting deputy chairperson (as the case may be);
(v)the person selected under section 294A; and".
22Annual report
After section 316(1)(m) of the Serious Offenders Act 2018 insert—
"(ma)the number of prosecutions commenced by the Secretary, the DPP or Victoria Police for an offence against section 321M of the Crimes Act 1958 (attempt) where the subject of the attempt is an offence against section 169 during the period; and".
PART 3—AMENDMENT OF SEX OFFENDERS REGISTRATION ACT 2004
23Definitions
(1)In section 3(1) of the Sex Offenders Registration Act 2004 insert the following definitions—
"detention order has the same meaning as in the Serious Offenders Act 2018;
eligible offender has the same meaning as in the Serious Offenders Act 2018;
serious sex offence has the same meaning as in the Serious Offenders Act 2018;
supervision order has the same meaning as in the Serious Offenders Act 2018;".
(2)In section 3(1) of the Sex Offenders Registration Act 2004, in the definition of reporting obligations, for "him or her by Part 3" substitute "the registrable offender by this Act".
24When new initial report must be made by offender whose previous reporting obligations have ceased
After section 13(3) of the Sex Offenders Registration Act 2004 insert—
"(3A)If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must report their personal details to the Chief Commissioner of Police within 7 days after being given notice of their reporting obligations by the Chief Commissioner of Police.".
25Registrable offender must report annually
After section 16(4) of the Sex Offenders Registration Act 2004 insert—
"(4A)If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender must make the report by the end of the calendar month in which the anniversary of the date on which section 35AA first applied to the registrable offender falls.".
26When reporting obligations begin
At the end of section 33 of the Sex Offenders Registration Act 2004 insert—
"(2)If a registrable offender's reporting period expires, but the registrable offender is then required to report again under section 35AA, the registrable offender's reporting obligations begin on the day on which—
(a)the registrable offender first becomes a registrable offender to whom section 35AA applies; or
(b)the registrable offender ceases to be in government custody—
whichever occurs later.".
27New section 35AA inserted
After section 35 of the Sex Offenders Registration Act 2004 insert—
"35AA Reporting period for serious sex offender
(1)A registrable offender who—
(a)is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and
(b)is subject to a supervision order or detention order—
must comply with the reporting obligations in Part 3 for the period specified in subsection (2) or (3).
(2)In the case of a registrable offender who is not subject to a sex offender registration order—
(a)for the reporting period specified in section 34 or 35 that applies to the offender; or
(b)for the period ending 5 years after the supervision order or detention order expires—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(3)In the case of a registrable offender who is subject to a sex offender registration order—
(a)for the reporting period specified in the sex offender registration order; or
(b)if the reporting period specified in the sex offender registration order ends after the expiry of the supervision order or detention order but before the fifth anniversary of the expiry of the supervision order or detention order, for—
(i)the reporting period specified in the sex offender registration order; and
(ii)the period—
(A)beginning immediately after that reporting period ends; and
(B)ending on the fifth anniversary of the expiry of the supervision order or detention order; or
(c)if the reporting period specified in the sex offender registration order ends before the expiry of the supervision order or detention order, for the period ending 5 years after the expiry of the supervision order or detention order—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(4)If a supervision order or detention order expires on the commencement of another supervision order or detention order replacing it, the period in subsection (2) or (3) is to be determined by reference to the expiry of the supervision order or detention order that replaced it.
(5)If a supervision order or detention order expires and another supervision order or detention order is later made in respect of the offender, the period in subsection (2) or (3) is to be determined by reference to the expiry of the later supervision order or detention order.
Notes
1. If a supervision order or detention order expires without another supervision order or detention order replacing it or without another supervision order or detention order being later made in respect of the offender, the period in subsection (2) or (3) is to be determined by reference to the expiry of that supervision order or detention order.
2. The term serious sex offence is not related to the term serious sexual offender.".
28New section 75A inserted
After section 75 of the Sex Offenders Registration Act 2004 insert—
"75A Transitional provisions—Corrections Legislation Amendment Act 2025
Schedule 6 has effect.".
29New Schedule 6 inserted
After Schedule 5 to the Sex Offenders Registration Act 2004 insert—
"Schedule 6— Transitional provisions—Corrections Legislation Amendment Act 2025
1Interpretation
In this Schedule—
commencement day means the day on which Part 3 of the Corrections Legislation Amendment Act 2025 comes into operation;
reporting obligations includes reporting obligations imposed on the offender by this Schedule;
reporting period includes the period, determined under this Schedule, during which a registrable offender must comply with their reporting obligations.
2Reporting period for existing serious sex offender
(1)A registrable offender—
(a)who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and
(b)who, on the commencement day, is subject to a supervision order or detention order; and
(c)whose reporting period will end after the commencement day—
must comply with the reporting obligations in Part 3 for the period specified in subclause (2) or (3).
(2)In the case of a registrable offender who is not subject to a sex offender registration order—
(a)for the remainder of the reporting period specified in section 34 or 35 that applies to the offender; or
(b)for the period ending 5 years after the supervision order or detention order expires—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(3)In the case of a registrable offender who is subject to a sex offender registration order—
(a)for the remainder of the reporting period specified in the order; or
(b)if the reporting period specified in the order will end after the expiry of the supervision order or detention order but before the fifth anniversary of the expiry of the supervision order or detention order, for—
(i)the remainder of that reporting period; and
(ii)the period—
(A)beginning immediately after that reporting period ends; and
(B)ending on the fifth anniversary of the expiry of the supervision order or detention order; or
(c)if the reporting period specified in the sex offender registration order will end before the expiry of the supervision order or detention order, for the period ending 5 years after the expiry of the supervision order or detention order—
whichever ends later.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(4)A registrable offender—
(a)who, on the commencement day, is an eligible offender by reason of a custodial sentence having been imposed on the offender for a serious sex offence; and
(b)who, on the commencement day, is subject to a supervision order or detention order; and
(c)whose reporting period ended before the commencement day—
must comply with the reporting obligations in Part 3 for the period beginning on the commencement day and ending 5 years after the expiry of the supervision order or detention order.
Note
See also sections 21 and 70 of the Serious Offenders Act 2018 for when a supervision order or detention order expires.
(5)If a supervision order or detention order expires on the commencement of another supervision order or detention order replacing it, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the supervision order or detention order that replaced it.
(6)If a supervision order or detention order expires and another supervision order or detention order is later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of the later supervision order or detention order.
Note
If a supervision order or detention order expires without another supervision order or detention order replacing it or without another supervision order or detention order being later made in respect of the offender, the period in subclause (2), (3) or (4) is to be determined by reference to the expiry of that supervision order or detention order.
3When new initial report must be made by offender whose previous reporting obligations have ceased
For the purposes of section 13, a registrable offender to whom clause 2(4) applies must report their personal details to the Chief Commissioner of Police within 7 days after the registrable offender receives written notice of the change to the registrable offender's reporting period.
Note
See also clause 5.
4Registrable offender must report annually
For the purposes of section 16, a registrable offender to whom clause 2(4) applies must make the report by the end of the calendar month in which the anniversary of the commencement day falls.
5When reporting obligations begin
For the purposes of section 33, the reporting obligations of a registrable offender to whom clause 2(4) applies begin on—
(a)the commencement day; or
(b)the day on which the registrable offender ceases to be in government custody—
whichever occurs later.".
PART 4—AMENDMENT OF CORRECTIONS ACT 1986
30Definitions
(1)In section 48 of the Corrections Act 1986 insert the following definition—
"custodial worker means—
(a)a Governor; or
(b)a prison officer; or
(c)an escort officer; or
(d)a person authorised under section 9A(1) to exercise a function or power of a Governor, a prison officer or an escort officer;".
(2)In section 48 of the Corrections Act 1986, for the definition of prison offence substitute—
"prison offence means—
(a)an offence against any of the following provisions of the Crimes Act 1958 that is committed against a custodial worker on duty or another person employed or engaged to work in a prison while working in the prison—
(i)section 15A (causing serious injury intentionally in circumstances of gross violence);
(ii)section 15B (causing serious injury recklessly in circumstances of gross violence);
(iii)section 16 (causing serious injury intentionally);
(iv)section 17 (causing serious injury recklessly);
(v)section 18 (causing injury intentionally or recklessly); or
(b)a contravention of this Act or the regulations;".
(3)At the end of section 48 of the Corrections Act 1986 insert—
"(2)For the purposes of the definition of prison offence in subsection (1), a custodial worker is on duty if—
(a)in the case of a custodial worker who is a Governor, a prison officer or an escort officer—the Governor, prison officer or escort officer is performing a function or exercising a power as a Governor, prison officer or escort officer (as the case may be); and
(b)in the case of a custodial worker who is a person authorised under section 9A(1) to exercise a function or power of a Governor, a prison officer or an escort officer—the person is exercising a function or power specified in the instrument of authorisation in accordance with any conditions or limitations specified in that instrument.".
31Conditions for making a parole order for person imprisoned for certain fatal offences
In section 74AABA(1) of the Corrections Act 1986, after "manslaughter" insert ", in circumstances in which the body or remains of the deceased victim have not been located,".
32Revocation of cancellation
After section 77A(1) of the Corrections Act 1986 insert—
"(1A)The Board may by order revoke the cancellation of a prisoner's parole under section 77(7A) at any time.".
33Application of this Division
In section 104F of the Corrections Act 1986, for "28(12)" substitute "31(10)".
34Application of this Division
In section 104L of the Corrections Act 1986, for "31(10)" substitute "31(12)".
35Authorisation to use or disclose information
In section 104ZY(2)(h) of the Corrections Act 1986, for "and Human Services" substitute "or Department of Families, Fairness and Housing".
36New section 112E inserted
After section 112D of the Corrections Act 1986 insert—
"112E Validation—Corrections Legislation Amendment Act 2025
(1)In this section, validated parole order means a parole order made—
(a)under section 74 or 78; and
(b)during the period beginning on 14 December 2016 and ending on the day before the day on which Part 4 of the Corrections Legislation Amendment Act 2025 comes into operation; and
(c)in respect of a prisoner serving a sentence of imprisonment for an offence of murder, conspiracy to murder, accessory to murder or manslaughter, in circumstances in which the body or remains of the deceased victim have been located.
(2)A validated parole order has, and is taken to always have had, the same force and effect as it would have had if section 74AABA, as amended by the Corrections Legislation Amendment Act 2025, had been in operation at the time at which the order was made.".
37Schedule 5—Persons authorised to use and disclose information
(1)In the heading to item 4 of Schedule 5 to the Corrections Act 1986 omit "and Human Services".
(2)In item 4(1) of Schedule 5 to the Corrections Act 1986 omit "and Human Services".
(3)In item 4(2) of Schedule 5 to the Corrections Act 1986 omit "and Human Services".
(4)In item 4(3) of Schedule 5 to the Corrections Act 1986 omit "and Human Services".
38New item 4AA inserted in Schedule 5
After item 4 of Schedule 5 to the Corrections Act 1986 insert—
"4AA. Department of Families, Fairness and Housing
(1)The Secretary to the Department of Families, Fairness and Housing.
(2)A person employed in the Department of Families, Fairness and Housing under Part 3 of the Public Administration Act 2004.
(3)A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Families, Fairness and Housing.".
PART 5—CONSEQUENTIAL AMENDMENT OF OTHER ACTS—REPORTING OBLIGATIONS
Division 1—Bus Safety Act 2009
39Decision on application for driver accreditation
In section 55O(2)(c)(i) of the Bus Safety Act 2009 omit "Part 3 of".
40Mandatory cancellation of driver accreditations in certain cases
In section 55ZB(1)(b)(i) of the Bus Safety Act 2009 omit "Part 3 of".
Division 2—Commercial Passenger Vehicle Industry Act 2017
41Decision on application for driver accreditation
In section 75(2)(c)(i) of the Commercial Passenger Vehicle Industry Act 2017 omit "Part 3 of".
42Mandatory cancellation of driver accreditations in certain cases
In section 219(1)(b)(i) of the Commercial Passenger Vehicle Industry Act 2017 omit "Part 3 of".
Division 3—Worker Screening Act 2020
43NDIS category A applications
In section 23(1)(a) of the Worker Screening Act 2020 omit "Part 3 of".
44Holder of NDIS clearance or applicant for NDIS check must notify Secretary of relevant change in circumstances
In section 34(2)(c) of the Worker Screening Act 2020 omit "Part 3 of".
45Restriction on right to make further application for an NDIS check—person given an NDIS exclusion
In section 37(2)(c) of the Worker Screening Act 2020 omit "Part 3 of".
46Suspension powers on re-assessment of NDIS clearance
In section 39(1)(a) of the Worker Screening Act 2020 omit "Part 3 of".
47NDIS category A re-assessments
In section 41(1)(a) of the Worker Screening Act 2020 omit "Part 3 of".
48WWC category A applications
In section 60(1)(a) of the Worker Screening Act 2020 omit "Part 3 of".
49Holder of WWC clearance or applicant for WWC check must notify of relevant change in circumstances
In section 72(2)(c) of the Worker Screening Act 2020 omit "Part 3 of".
50Restriction on right to make further application for WWC check—person given a WWC exclusion
In section 77(2)(d) of the Worker Screening Act 2020 omit "Part 3 of".
51WWC category A re-assessments
In section 82(1)(a) of the Worker Screening Act 2020 omit "Part 3 of".
52Exception—engaging in risk assessed role on application or re-application
In section 119(3) of the Worker Screening Act 2020, in paragraph (a) of the definition of relevant obligation or order, omit "Part 3 of".
53Schedule 5—Obligations and orders and offences
In item 1 of Schedule 5 to the Worker Screening Act 2020 omit "Part 3 of".
PART 6—CONSEQUENTIAL AMENDMENT OF OTHER ACTS—OFFENCES
Division 1—Bus Safety Act 2009
54Schedule 1—Categorised offences
In item 26 of Schedule 1 to the Bus Safety Act 2009, for "281 or 284" substitute "281, 284 or 284A".
Division 2—Commercial Passenger Vehicle Industry Act 2017
55Schedule 1—Categorised offences
In item 27A of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017, for "281 or 284" substitute "281, 284 or 284A".
Division 3—Worker Screening Act 2020
56Schedule 4—WWC category B offences
In item 6(d) and (e)(iv) of Schedule 4 to the Worker Screening Act 2020, for "284 or 289A" substitute "284, 284A or 289A".
57Schedule 5—Obligations and orders and offences
In item 2.6(d) and (e)(iv) of Schedule 5 to the Worker Screening Act 2020, for "284 or 289A" substitute "284, 284A or 289A".
PART 7—REPEAL OF THIS ACT
58Repeal of this Act
This Act is repealed on 1 March 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 May 2025
Legislative Council: 19 June 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Offenders Act 2018, the Sex Offenders Registration Act 2004 and the Corrections Act 1986 and for other purposes."
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