County Court (Chapter Iii Sex Offenders Registration Amendment) Rules 2018 (Vic)

County Court (Chapter III Sex Offenders Registration Amendment) Rules 2018

S.R. No. 24/2018

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Order 10 inserted

6Form 10A inserted

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Endnotes

STATUTORY RULES 2018

S.R. No. 24/2018

County Court Act 1958

County Court (Chapter III Sex Offenders Registration Amendment) Rules 2018

A majority of the Judges of the County Court makes the following Rules:

1Object

The object of these Rules is to amend Chapter III of the Rules of the County Court as a consequence of the commencement of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 1 March 2018.

4Principal Rules

In these Rules, the County Court Criminal Procedure Rules 2009[1] are called the Principal Rules.

5Order 10 inserted

After Order 9 of the Principal Rules insert—

"ORDER 10

SEX OFFENDERS REGISTRATION ACT 2004

10.01Definitions

In this Order—

corresponding registrable offender has the same meaning as in the Act;

New South Wales registrable offender has the same meaning as in the Act;

registrable offence has the same meaning as in the Act;

registrable offender has the same meaning as in the Act;

reporting obligations has the same meaning as in the Act;

the Act means the Sex Offenders Registration Act 2004.

10.02Application for registration exemption order

(1)An application under section 11A of the Act must be in Form 10A.

(2)For the purposes of section 11D(1)(b) of the Act, the prescribed information is the information set out in Form 10A.

(3)An application under section 11A of the Act must be accompanied by an affidavit stating—

(a)the age of the applicant during the commission of the specified offence to which the application relates;

(b)the date on which the applicant first received notice of the applicant's reporting obligations;

(c)whether the applicant is—

(i)a registrable offender for any other registrable offence in Victoria;

(ii)a corresponding registrable offender; or

(iii)a New South Wales registrable offender; and

(d)to the best of the applicant's own knowledge—

(i)the age of any victim of the specified offence to which the application relates at the time of the commission of the specified offence;

(ii)the age of any victim depicted or described in any material to which the specified offence relates; and

(iii)whether the specified offence was committed against more than one victim.

(4)An application under section 11A must also be accompanied by the following materials, if they are available to the applicant—

(a)a record of the sentencing remarks made in relation to the sentence imposed for the specified offence to which the application relates;

(b)each document or thing tendered on behalf of the applicant at the plea hearing for the specified offence.

__________________".

6Form 10A inserted

After Form 9A of the Principal Rules insert—

"RULE 10.02(1)

FORM 10A

IN THE COUNTY COURT

OF VICTORIA

AT

CASE No.:

IN THE MATTER OF:

APPLICATION FOR REGISTRATION EXEMPTION ORDER

THIS FORM IS FILED ON BEHALF OF: [name]

ADDRESS:

CONTACT DETAILS

[If represented, please complete the legal practitioner details below]

Contact No.:  Email address:

Address for service:

*I have Legal Representation [complete below]

*I do not have Legal Representation

*I represent the applicant

Firm:  Practitioner's Name:

Solicitor Code:  Ref.:

TO the Registrar of the County Court at: [place]

AND TO the Respondent: The Chief Commissioner of Police

I wish to apply for a registration exemption order under the Sex Offenders Registration Act 2004.

The applicant's date of birth is: [date of birth].

This application is in respect of the following offence: [details of specified offence to which the application relates].

That offence was committed on: [date].

The sentence for that offence was imposed by [Judge] on [date].

The case number for the proceeding in which that sentence was imposed is: [case number].

This application is made on the grounds that: [insert grounds].

The acts, facts, matters and circumstances set out in the affidavit made on [date of affidavit] are relied on in support of this application.

The following other documents are attached in support of this application:

[List the documents. Attach list if insufficient space.]

Date:

[Signature of Applicant/
Applicant's Legal Practitioner]

LISTING OF APPLICATION

This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date].

Date:

Registrar/Deputy Registrar

*delete if not applicable

__________________".

Dated:    27 February 2018

P. B. KIDD, Chief Judge	I. E. LAWSON
J. A. SMALLWOOD	E. M. GAYNOR
S. M. COHEN	P. J. COISH
M. E. SEXTON	J. A. CAMPTON
F. E. HOGAN	W. A. WILMOTH
F. MILLANE	J. F. CARMODY
S. S. DAVIS	R. H. SMITH
F. P. HAMPEL	M. F. MACNAMARA
J. G. MORRISH	W. E. STUART
S. E. PULLEN	J. A. JORDAN
L. A. HANNAN	C. J. RYAN
M. D. MURPHY	P. J. COSGRAVE
C. M. O'NEILL	G. F. MEREDITH
P. G. MISSO	R. W. DYER
K. L. BOURKE	C. M. QUIN
P. M. E. WISCHUSEN	A. CHAMBERS
P. G. LACAVA	A. J. TSALAMANDRIS
P. M. TAFT	S. L. MARKS
H. T. MASON	G. LYON
G. P. MULLALY	E. WOODWARD
J. L. PARRISH	D. A. TRAPNELL
M. H. TINNEY	M. O'CONNELL
J. D. MONTGOMERY	P. HIGHAM
G. T. CANNON	T. WRAIGHT
M. E. DEAN	J. CONDON

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Endnotes

[1] Reg. 4: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently amended by S.R. Nos 14/2014, 100/2014, 178/2014, 210/2014, 130/2015 and 143/2017.