Sex Offenders Registration Amendment Regulations 2023 (Vic)

Sex Offenders Registration Amendment Regulations 2023

S.R. No. 59/2023

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Corresponding Act

7Corresponding prohibition order Act

8Corresponding sex offender registration order

9Appointment of Registrar of Sex Offenders

10Persons required to report under corresponding Act

11Police stations

12Making a report other than in person

13Regulation 15 substituted and new regulation 15A inserted

14Information to be included in notices

15Schedule 2—Person or body required to give notice of reporting obligations to registrable offender

16Schedule 3—Supervising authority

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Endnotes

statutory rules 2023

S.R. No. 59/2023

Sex Offenders Registration Act 2004

Sex Offenders Registration Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 20 June 2023

Responsible Minister:

ANTHONY CARBINES
Minister for Police

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Sex Offenders Registration Regulations 2014—

(a)to make consequential amendments arising from amendments to the Sex Offenders Registration Act 2004; and

(b)to prescribe verifying documentation or evidence for a report made during a pandemic, state of emergency or state of disaster, and the manner of providing the verifying documentation or evidence; and

(c)to make other technical amendments.

2Authorising provision

These Regulations are made under section 75 of the Sex Offenders Registration Act 2004.

3Commencement

(1)These Regulations, other than regulations 15(1) and 16(1), come into operation on 21 June 2023.

(2)Regulations 15(1) and 16(1) come into operation on 1 September 2023.

4Principal Regulations

In these Regulations, the Sex Offenders Registration Regulations 2014[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations, the definition of police officer is revoked.

(2)In regulation 5 of the Principal Regulations, for the definition of Registrar substitute—

"Registrar of Sex Offenders means the police officer appointed as the Registrar of Sex Offenders under regulation 10;".

6Corresponding Act

(1)In regulation 6(c) of the Principal Regulations, after "Act" insert "2004".

(2)In regulation 6(d) of the Principal Regulations, after "Offender Reporting" insert "and Offender Prohibition Order".

7Corresponding prohibition order Act

(1)In regulation 6A(c) of the Principal Regulations, after "Act" insert "2004".

(2)For regulation 6A(d) of the Principal Regulations substitute—

"(d)the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;".

8Corresponding sex offender registration order

(1)In regulation 7(c) of the Principal Regulations, after "Act" insert "2004".

(2)In regulation 7(d) of the Principal Regulations, after "Offender Reporting" insert "and Offender Prohibition Order".

9Appointment of Registrar of Sex Offenders

(1)In the heading to regulation 10 of the Principal Regulations, after "Registrar" insert "of Sex Offenders".

(2)In regulation 10 of the Principal Regulations, for "Registrar" substitute "the Registrar of Sex Offenders".

10Persons required to report under corresponding Act

In regulation 11 of the Principal Regulations, after "Registrar" insert "of Sex Offenders".

11Police stations

In regulation 12(2) of the Principal Regulations, after "Registrar" insert "of Sex Offenders".

12Making a report other than in person

(1)In regulation 13(1) of the Principal Regulations—

(a)for "A registrable" substitute "For the purposes of section 19(3)(b) of the Act, a registrable";

(b)for "telephone to the Chief Commissioner of Police" substitute "audio link or audio visual link".

(2)At the foot of regulation 13(1) of the Principal Regulations insert—

"Note

Section 19(2) of the Act requires the registrable offender to make a report under that section to the Chief Commissioner of Police. Section 19(3) of the Act provides that the report must be made by writing sent by post or transmitted electronically, or in any other manner permitted by the regulations.".

(3)In regulation 13(2) of the Principal Regulations, for "telephone to the Registrar" substitute "audio link, audio visual link or electronic communication".

(4)At the foot of regulation 13(2) of the Principal Regulations insert—

"Notes

1 Section 23(3) of the Act provides that only a police officer or other person approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with section 23(2) of that Act.

2     See the definitions of audio link, audio visual link and electronic communication in section 38 of the Interpretation of Legislation Act 1984.".

13Regulation 15 substituted and new regulation 15A inserted

For regulation 15 of the Principal Regulations substitute—

"15   Verifying documentation or evidence—employment details

A person making a report referred to in section 23(1) of the Act that requires the person to report the personal details (if any) referred to in section 14(1)(f) of the Act must produce a copy of 2 payslips issued to the registrable offender within the previous 2 months to verify or support details in the report.

15AVerifying documentation or evidence—reports during pandemic, state of emergency or state of disaster

(1)This regulation applies to a report that is made in accordance with a direction or permission given under section 23A(1) of the Act.

(2)The person making the report must produce the following documents to verify the identity of the registrable offender—

(a)a driver licence (if any); or

(b)any—

(i)one of the documents specified in Column 1 of the Table in regulation 14; and

(ii)two of the documents specified in Column 2 of the Table in regulation 14.

(3)In addition to subregulation (2), if the person making the report is not the registrable offender, that person must produce the following documents to verify their identity—

(a)the person's driver licence (if any); or

(b)any—

(i)one of the documents specified in Column 1 of the Table in regulation 14; and

(ii)two of the documents specified in Column 2 of the Table in regulation 14.

(4)For any document that is required to be produced with the report, the person making the report must—

(a)for a report made by audio link, give the details of the document required by the police officer receiving the report for the officer to verify the document to the officer's satisfaction; or

(b)for a report made by audio visual link, give the details of the document required by the police officer receiving the report, and display that document, for the officer to verify the document to the officer's satisfaction; or

(c)for a report made by electronic communication—

(i)give the details of the document required by the police officer receiving the report for the officer to verify the document to the officer's satisfaction; or

(ii)include a copy of the document in the electronic communication.

Note

The Act and these Regulations may require other documents to be produced in addition to the documents referred to in this regulation.".

14Information to be included in notices

In regulation 18(c) of the Principal Regulations, after "Registrar" insert "of Sex Offenders".

15Schedule 2—Person or body required to give notice of reporting obligations to registrable offender

(1)In item 5 of the Table in Schedule 2 to the Principal Regulations, in Column 1, for "Secure Treatment Order within the meaning of the Mental Health Act 2014" substitute "secure treatment order within the meaning of the Mental Health and Wellbeing Act 2022".

(2)In item 5 of the Table in Schedule 2 to the Principal Regulations, in Column 2 omit "and Human Services".

(3)For item 6 of the Table in Schedule 2 to the Principal Regulations substitute—

"6.  A registrable offender who is released from government custody and who is a forensic resident under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act	Secretary to the Department of Families, Fairness and Housing
6A. A registrable offender who is released from government custody and who is a detainee	Secretary".

(4)In item 8 of the Table in Schedule 2 to the Principal Regulations, in Column 1, for "6" substitute "6, 6A".

16Schedule 3—Supervising authority

(1)In item 1 of the Table in Schedule 3 to the Principal Regulations, in Column 1, for "Secure Treatment Order within the meaning of the Mental Health Act 2014" substitute "secure treatment order within the meaning of the Mental Health and Wellbeing Act 2022".

(2)In item 1 of the Table in Schedule 3 to the Principal Regulations, in Column 2 omit "and Human Services".

(3)For item 2 of the Table in Schedule 3 to the Principal Regulations substitute—

"2. A registrable offender who ceases to be in government custody and who is a forensic resident under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act	Secretary to the Department of Families, Fairness and Housing
2A. A registrable offender who ceases to be in government custody and who is a detainee	Secretary".

(4)In item 4 of the Table in Schedule 3 to the Principal Regulations, in Column 1, for "on item 1, 2 or 3" substitute "in item 1, 2, 2A or 3".

(5)In item 6 of the Table in Schedule 3 to the Principal Regulations, in Column 1, after "paragraph (a)" insert "or (b)".

(6)Item 7 of the Table in Schedule 3 to the Principal Regulations is revoked.

(7)In item 8 of the Table in Schedule 3 to the Principal Regulations, in Column 2, for "Secretary to the Department of Health and Human Services" substitute—

"If the Secretary to the Department of Families, Fairness and Housing is the person who has supervision of the registrable offender under the non-custodial supervision order immediately before the registrable offender ceases to be subject to that order—Secretary to the Department of Families, Fairness and Housing

If the Secretary to the Department of Health is the person who has supervision of the registrable offender under the non-custodial supervision order immediately before the registrable offender ceases to be subject to that order—Secretary to the Department of Health".

(8)In item 11 of the Table in Schedule 3 to the Principal Regulations, in Column 2 omit "to the Department of Health and Human Services".

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ENDNOTES

[1] Reg. 4: S.R. No. 142/2014 as amended by S.R. Nos 90/2015 and 154/2016.