RBC v Chief Commissioner of Police

In the matter of Re GH, the applicant, a person previously convicted of sexual penetration of a child under 16 and committing an indecent act with a child under 16, sought an order under the Sex Offenders Registration Act 2004 (Vic) to suspend his lifelong reporting obligations. The application was heard by Croucher J in the Victorian Civil and Administrative Tribunal (VCAT) and subsequently reviewed by the Supreme Court of Victoria. The Chief Commissioner of Police, the respondent, did not oppose the application.

The legal issues before the court were whether the applicant met the criteria under section 39 of the Sex Offenders Registration Act 2004 (Vic) for the suspension of his reporting obligations and whether the interests of justice required such an order. The court needed to weigh the applicant's low risk of reoffending, his stable family life, and his successful business against the public interest in maintaining the integrity of the sex offenders register.

The court found that the applicant had demonstrated an extremely low risk of recidivism, given his stable marriage, the presence of children in the family, and his successful business. Croucher J concluded that the applicant's integration into a stable family and community environment significantly reduced the likelihood of reoffending. The court further noted that the applicant's lifelong reporting obligations were causing him distress and were not serving any meaningful purpose in preventing reoffending. As a result, the court granted the application, suspending the applicant's reporting obligations and prohibiting the publication of his name, address, or any identifying information to protect his privacy and that of his family.

The court's decision was made in accordance with sections 39 and 40 of the Sex Offenders Registration Act 2004 (Vic), and the Open Courts Act 2013 (Vic), sections 17 and 18. The order was tailored to balance the applicant's right to privacy and reintegration into society with the public's interest in safety and justice.