Sex Offenders Registration Regulations 2014 (Vic)
Version No. 005
Sex Offenders Registration Regulations 2014
S.R. No. 142/2014
Version incorporating amendments as at
1 September 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Corresponding Act
6ACorresponding prohibition order Act
7Corresponding sex offender registration order
8Foreign witness protection laws
9New South Wales registrable offenders
10Appointment of Registrar of Sex Offenders
Part 2—Reporting obligations
Division 1—Preliminary
11Persons required to report under corresponding Act
12Police stations
Division 2—Making reports
13Making a report other than in person
13AReporting in relation to travel out of Australia
14Alternative additional identification
15Verifying documentation or evidence—employment details
15AVerifying documentation or evidence—reports during pandemic, state of emergency or state of disaster
16Reporting by remote offenders
Division 3—Notification of reporting obligations
17Manner of providing notice to registrable offender
18Information to be included in notices
19Notice of reporting obligations
20Acknowledgement of receipt of notice
21Person or body required to give notice of reporting obligations to registrable offender
22Supervising authority
23Notices where reporting period has changed
24Notices from supervising authority
Part 3—Prohibition orders
25Making application for a prohibition order
26Explanation of interim prohibition order
27Explanation of final prohibition order
28Exclusion conditions where registrable offender is a child
29Recording and register of seized things
30Police officer must provide receipt for seized things
31Return of seized property—retrieval notices
32Application to vary or revoke a prohibition order
33Application to extend a final prohibition order
34Court may vary a prohibition order
35Court may extend a final prohibition order
36Corresponding registrable offender to be notified of registration order
37Court may vary a registration order
Part 4—Miscellaneous
38Chief Commissioner of Police to report to Minister
Schedules
Schedule 1—Revocation
Schedule 2—Person or body required to give notice of reporting obligations to registrable offender
Schedule 3—Supervising authority
Schedule 4—Retrieval notice
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 005
Sex Offenders Registration Regulations 2014
S.R. No. 142/2014
Version incorporating amendments as at
1 September 2023
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to provide for—
(a)reporting obligations of registrable offenders under Part 3 of the Sex Offenders Registration Act 2004; and
(b)the notification of reporting obligations to registrable offenders; and
(ba)in relation to prohibition orders, the prescribing of—
(i)information to be included in applications for, and notices explaining, prohibition orders; and
(ii)matters in relation to the seizure of things under the Sex Offenders Registration Act 2004; and
(c)certain other matters authorised to be prescribed under the Act.
2Authorising provision
These Regulations are made under section 75 of the Sex Offenders Registration Act 2004.
3Commencement
These Regulations come into operation on 27 September 2014.
4Revocation
The Regulations set out in Schedule 1 are revoked.
5Definitions
In these Regulations—
* * * * *
Registrarof Sex Offenders means the police officer appointed as the Registrar of Sex Offenders under regulation 10;
the Act means the Sex Offenders Registration Act 2004.
6Corresponding Act
For the purposes of the definition of corresponding Act in section 3 of the Act, the following are corresponding Acts—
(a)the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;
(b)the New South Wales Act;
(c)the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;
(d)the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;
(e)the Child Sex Offenders Registration Act 2006 of South Australia;
(f)the Community Protection (Offender Reporting) Act 2005 of Tasmania;
(g)the Community Protection (Offender Reporting) Act 2004 of Western Australia.
6ACorresponding prohibition order Act
For the purposes of the definition of corresponding prohibition order Act in section 3 of the Act, the following are corresponding prohibition order Acts—
(a)the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;
(b)the Child Protection (Offenders Prohibition Orders) Act 2004 of New South Wales;
(c)the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;
(d)the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;
(e)the Child Sex Offenders Registration Act 2006 of South Australia;
(f)the Community Protection (Offender Reporting) Act 2004 of Western Australia.
7Corresponding sex offender registration order
For the purposes of the definition of corresponding sex offender registration order in section 3 of the Act, the following are corresponding sex offender registration orders—
(a)a child sex offender registration order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;
(b)a child protection registration order under the New South Wales Act;
(c)an offender reporting order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;
(d)an offender reporting order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;
(e)a child sex offender registration order under the Child Sex Offenders Registration Act 2006 of South Australia;
(f)an offender reporting order under the Community Protection (Offender Reporting) Act 2005 of Tasmania;
(g)an offender reporting order under the Community Protection (Offender Reporting) Act 2004 of Western Australia.
8Foreign witness protection laws
For the purposes of sections 6(5) and 56(2) of the Act, the following laws are foreign witness protection laws—
(a)the Witness Protection Act 1994 of the Commonwealth;
(b)the Witness Protection Act 1996 of the Australian Capital Territory;
(c)the Witness Protection Act 1995 of New South Wales;
(d)the Witness Protection (Northern Territory) Act of the Northern Territory;
(e)the Witness Protection Act 2000 of Queensland;
(f)the Witness Protection Act 1996 of South Australia;
(g)the Witness Protection Act 2000 of Tasmania;
(h)the Witness Protection (Western Australia) Act 1996 of Western Australia.
9New South Wales registrable offenders
The specified date before which persons were to have been in New South Wales in order to be a New South Wales registrable offender for the purposes of section 10 of the Act, is 1 October 2004.
10Appointment of Registrar of Sex Offenders
The Chief Commissioner of Police may appoint a police officer as the Registrar of Sex Offenders for the purposes of these Regulations.
PART 2—REPORTING OBLIGATIONS
Division 1—Preliminary
11Persons required to report under corresponding Act
The person to be contacted for the purposes of section 15 of the Act is the Registrar of Sex Offenders.
12Police stations
(1)The Chief Commissioner of Police may give directions nominating the police stations that are to be used under Part 3 of the Act.
(2)The Registrar of Sex Offenders may give a direction to a registrable offender specifying the police station at which the registrable offender must report.
Division 2—Making reports
13Making a report other than in person
(1)For the purposes of section 19(3)(b) of the Act, a registrable offender may make a report under section 19 of the Act by audio link or audio visual link.
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.
(2)For the purposes of section 23(2) of the Act, a registrable offender may make any report that the registrable offender is required to make under the Act, other than a report referred to in section 23(1) of the Act, by audio link, audio visual link or electronic communication.
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.
13AReporting in relation to travel out of Australia
For the purposes of section 21A(2)(b) and (c) of the Act, the specified documents that a registrable offender is to produce to the Chief Commissioner of Police are the following, if the registrable offender has access to the specified document or documents at the time of making the report—
(a)any travel itinerary issued to the registrable offender by a travel agent, airline, passenger ship operator or other person or body that has organised travel, transport or accommodation for or on behalf of the registrable offender;
(b)any booking confirmations issued to the registrable offender by a travel agent, airline, passenger ship operator, accommodation provider or other third party;
(c)any loose-leaf or paper visas issued to the registrable offender;
(d)any airline or ship boarding passes issued to the registrable offender;
(e)any receipts issued to the registrable offender by travel providers or accommodation providers.
14Alternative additional identification
(1)This regulation applies to a report that is required to be made in person if the person making the report does not have a driver licence.
(2)For the purposes of section 26(1)(a) of the Act, if the person making the report is the registrable offender, that person must present for inspection original documents that identify the person, being—
(a)any one of the documents specified in Column 1 of the Table; and
(b)any two of the documents specified in Column 2 of the Table.
(3)For the purposes of section 26(1)(c) of the Act, if the person making the report is not the registrable offender, that person must present for inspection—
(a)original documents required by subregulation (2) that identify the registrable offender; and
(b)original documents referred to in subregulation (2) that identify the person making the report.
TABLE
Column 1 Column 2 One original document required Two original documents
requiredA current Australian passport A current signed credit card or account card from a bank, building society or credit union or a passbook or account statement An Australian naturalisation or citizenship certificate A current Medicare card
A gas, water, electricity or telephone account issued within the previous 6 months
An original birth certificate or certified birth extract A current local rates or land valuation notice
A pension concession card or other entitlement issued by the Commonwealth Government
A lease or rental agreement
A motor vehicle registration notice or certificate
A renewal notice for house, contents or motor vehicle insurance
A student identity card or a certificate or statement of enrolment from an educational institution
15Verifying 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.
16Reporting by remote offenders
For the purposes of section 31(1) of the Act, the prescribed distance is 100 kilometres.
Division 3—Notification of reporting obligations
17Manner of providing notice to registrable offender
(1)A notice required to be given to a registrable offender under section 50(1) of the Act must be in writing and handed to the person.
(2)Despite subregulation (1), if the registrable offender is a child or a person who has a disability or any other special need and is unable to understand their reporting obligations or the consequences of failing to comply with those obligations, the person or body required to give the notice may give the notice to the carer of, or a person nominated in writing by, that registrable offender.
18Information to be included in notices
A notice required to be given to a registrable offender under section 50(1) of the Act must contain the following information—
(a)the name of the registrable offender; and
(b)a statement setting out—
(i)the obligations of the registrable offender to make an initial report (including the period within which the initial report must be made); and
(ii)the obligations of the registrable offender to make an annual report; and
(iii)the obligations of the registrable offender to report changes of personal details; and
(iv)the details the registrable offender is required to report under section 14 of the Act and under these Regulations; and
(v)the obligations of the registrable offender to report under sections 18, 19, 20 and 21 of the Act (including the periods within which the reports must be made); and
(vi)the circumstances in which the registrable offender must make a report in person; and
(vii)the form of identification to be presented by the person who makes a report; and
(viii)the documentation that the registrable offender must present to verify or support details in the report; and
(c)a toll free telephone number on which the Registrar of Sex Offenders can be contacted; and
(d)the consequences which may arise if a registrable offender fails to comply with their reporting obligations; and
(e)the date of the notice; and
(f)the name, signature and position of the person giving the notice.
19Notice of reporting obligations
A notice required to be given under section 50(1) of the Act is not required to specify the registrable offender's reporting period.
20Acknowledgement of receipt of notice
(1)A person who gives a notice under Part 3 of the Act to a registrable offender may request the registrable offender to acknowledge receipt of that notice.
(2)The person must, within 3 days after giving the notice—
(a)inform the Chief Commissioner of Police in writing—
(i)that the registrable offender has been given a notice of their reporting obligations; and
(ii)the date on which the registrable offender was given that notice; and
(b)if the registrable offender has acknowledged to the person receipt of the notice, provide the Chief Commissioner of Police with a copy of that acknowledgement.
21Person or body required to give notice of reporting obligations to registrable offender
(1)For the purposes of section 50(3) of the Act, the person or body required to give notice to a registrable offender is the person or body specified in column 2 of the Table in Schedule 2 for the class of offender specified in column 1 of the Table to which the registrable offender belongs.
(2)Nothing in this regulation requires the person or body specified in column 2 of the Table in Schedule 2 for the class of offender specified in item 5(a) or item 6(a) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender—
(a)is on special leave, on-ground leave or limited off-ground leave; or
(b)is absent from a designated mental health service, a residential treatment facility or a residential institution, without leave of absence or other lawful authority.
(3)Nothing in this regulation requires the person or body specified in column 2 of the Table in Schedule 2 for the class of offender specified in item 5(b) or (c) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender—
(a)is on leave of absence; or
(b)is absent without leave from the designated mental health service.
(4)Nothing in this regulation requires the person or body specified in column 2 of the Table in Schedule 2 for the class of offender specified in item 6(b) in column 1 of that Table to give notice to a registrable offender who belongs to the class of offender referred to in that item if that registrable offender—
(a)is on temporary leave of absence; or
(b)has escaped from their place of detention; or
(c)is absent from their place of detention without lawful authority.
(5)Nothing in this regulation requires the person or body specified in column 2 of the Table in Schedule 2 for the class of offender specified in item 7 in column 1 of that Table to give notice to a registrable offender who belongs to the class of offender referred to in that item if that registrable offender—
(a)is authorised under the Corrections Act 1986 to be absent from a prison or other place of custody; or
(b)has escaped from their place of custody; or
(c)has escaped from the physical custody of—
(i)an officer within the meaning of Part 5 of the Corrections Act 1986 or an escort officer under that Act; or
(ii)a police officer; or
(iii)a person acting on lawful authority on behalf of the Secretary or the Chief Commissioner of Police; or
(d)is authorised under the Corrections Act 1986 to be absent from a prison and who—
(i)does not return to a prison when the instrument of authority expires or when otherwise required by the instrument to do so; or
(ii)is required by the instrument authorising the absence to be under the supervision of another person and wilfully ceases to be under that supervision; or
(iii)does not return to a prison upon being informed by the Secretary or a police officer that the instrument authorising the absence has been revoked; or
(e)has wilfully ceased to be in the legal custody of the Secretary or the Chief Commissioner of Police.
22Supervising authority
(1)For the purposes of paragraph (b) of the definition of supervising authority in section 3 of the Act, an entity specified in column 2 of the Table in Schedule 3 for a class of registrable offender specified in column 1 of the Table is the supervising authority for that class of offender.
(2)Nothing in this regulation requires the supervising authority specified in column 2 of the Table in Schedule 3 for the class of offender specified in item 1(a) or 2(a) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on special leave, on-ground leave or limited off-ground leave.
(3)Nothing in this regulation requires the supervising authority specified in column 2 of the Table in Schedule 3 for the class of offender specified in item 1(b) or (c) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on leave of absence from the designated mental health service.
(4)Nothing in this regulation requires the supervising authority specified in column 2 of the Table in Schedule 3 for the class of offender specified in item 2(b) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to the class of offender referred to in that item if that registrable offender is on temporary leave of absence.
(5)Nothing in this regulation requires the supervising authority specified in column 2 of the Table in Schedule 3 for the class of offender specified in item 3 in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to the class of offender referred to in that item if that registrable offender is authorised under the Corrections Act 1986 to be absent from a prison or other place of custody.
23Notices where reporting period has changed
A notice required to be given under section 52(2) of the Act to a registrable offender whose reporting period has changed since the registrable offender was last notified of their reporting period in Victoria must contain the following information—
(a)the name of the registrable offender; and
(b)the registrable offender's new reporting period; and
(c)the date of the notice; and
(d)the name, signature and position of the person giving the notice.
24Notices from supervising authority
For the purposes of section 53 of the Act, a notice required to be given to the Chief Commissioner of Police by the supervising authority, upon the occurrence of an event listed in section 53(1) of the Act, must contain the following information—
(a)the name of the registrable offender; and
(b)the date of the notice; and
(c)the event that has occurred and the date of that occurrence; and
(d)the name, signature and position of the person giving the notice.
PART 3—PROHIBITION ORDERS
25Making application for a prohibition order
For the purposes of section 66D(3)(d) of the Act, the prescribed information is—
(a)each registrable offence for which the registrable offender has been sentenced; and
(b)whether a prohibition order has previously been made in relation to the registrable offender; and
(c)the conduct of the registrable offender proposed to be prohibited under the prohibition order, including the conditions (if any) sought by the Chief Commissioner of Police; and
(d)whether the Chief Commissioner of Police is seeking an interim prohibition order.
26Explanation of interim prohibition order
For the purposes of section 66F(1)(f) of the Act, the written notice must state that the registrable offender may apply to vary or revoke the interim prohibition order in accordance with section 66ZH of the Act.
27Explanation of final prohibition order
For the purposes of section 66O(1)(f) of the Act, the written notice must state that the registrable offender may apply to vary or revoke the final prohibition order in accordance with section 66ZH of the Act.
28Exclusion conditions where registrable offender is a child
For the purposes of section 66R(4)(a) of the Act, the prescribed time is 7 days.
29Recording and register of seized things
For the purposes of section 66Z(3) of the Act, the prescribed details are—
(a)the time, date and place of the seizure; and
(b)the name of the police officer who seized the thing; and
(c)a description of the thing seized; and
(d)the name and address of the registrable offender from whom the thing was seized; and
(e)whether the registrable offender from whom the thing was seized is the owner of the thing, and if not, the name and address of the owner of the thing (if known); and
(f)a photograph taken of the thing (if any).
30Police officer must provide receipt for seized things
(1)For the purposes of section 66ZA(2)(a) of the Act, the prescribed information is—
(a)the time, date and place of the seizure; and
(b)the name of the police officer who—
(i)seized the thing; or
(ii)was present at the time of seizure and is responsible for recording the details of the seized thing; and
(c)a description of the thing seized; and
(d)the name of the registrable offender from whom the thing was seized; and
(e)whether the registrable offender from whom the thing was seized is the owner of the thing, and if not, the name and address of the owner of the thing (if known); and
(f)information regarding the person's right under section 66ZD of the Act to apply to the Magistrates' Court for the return of the seized thing.
(2)Subject to subregulation (3), for the purposes of section 66ZA(2)(b) of the Act, a receipt must be signed by—
(a)the registrable offender from whom the thing was seized; and
(b)the police officer who—
(i)seized the thing; or
(ii)was present at the time of seizure and is responsible for recording the details of the seized thing.
(3)If the registrable offender from whom the thing was seized refuses to sign a receipt, for the purposes of section 66ZA(2)(b) of the Act, the receipt must be signed by—
(a)the police officer referred to in subregulation (2)(b) and—
(i)another police officer who is present at the time of the seizure; or
(ii)any other adult who is present at the time of the seizure; or
(b)if there is no other police officer or adult present at the time of the seizure, the police officer referred to in subregulation (2)(b).
31Return of seized property—retrieval notices
For the purposes of section 66ZC(2) of the Act—
(a)the prescribed information is the information in the form set out in Schedule 4; and
(b)a retrieval notice may be given by—
(i)being personally served on the registrable offender or the person who the Chief Commissioner of Police believes to be the owner of the seized thing (as the case requires); or
(ii)being posted by ordinary or registered post to the last known address of the registrable offender or the person who the Chief Commissioner of Police believes to be the owner of the seized thing (as the case requires).
Note
The Electronic Transactions (Victoria) Act 2000 allows a retrieval notice to be given electronically in accordance with that Act.
32Application to vary or revoke a prohibition order
For the purposes of section 66ZH(3)(d) of the Act, an application for the variation of a prohibition order must include the variations to the order sought by the Chief Commissioner of Police or the registrable offender (as the case requires).
33Application to extend a final prohibition order
For the purposes of section 66ZI(2)(d) of the Act, the application must include the date sought by the Chief Commissioner of Police for the duration of the final prohibition order to be extended until.
34Court may vary a prohibition order
For the purposes of section 66ZL(4)(b)(iv) of the Act, the written notice must state that the registrable offender may apply to vary or revoke the prohibition order in accordance with section 66ZH of the Act.
35Court may extend a final prohibition order
For the purposes of section 66ZN(3)(b)(iv) of the Act, the written notice must state that the registrable offender may apply to vary or revoke the final prohibition order in accordance with section 66ZH of the Act.
36Corresponding registrable offender to be notified of registration order
For the purposes of section 66ZT(1)(f) of the Act, the following information is prescribed—
(a)the variation or extension of the corresponding prohibition order by a court of the State or Territory in which it was made after the order is registered has no effect in Victoria;
(b)the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.
37Court may vary a registration order
For the purposes of section 66ZZ(3)(d) of the Act, the following information is prescribed—
(a)the variation or extension of the corresponding prohibition order by a court of the State or Territory in which it was made after the order is registered has no effect in Victoria;
(b)the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.
PART 4—MISCELLANEOUS
38Chief Commissioner of Police to report to Minister
For the purposes of section 70P(1)(c) of the Act, the following information is prescribed—
(a)with respect to the total number of registrable offenders included in the Register as at the immediately preceding 30 June—
(i)the number of registrable offenders by gender; and
(ii)the number of registrable offenders aged under 18; and
(iii)the reporting periods applying to registrable offenders; and
(iv)the number of registrable offenders living in Victoria and subject to reporting obligations; and
(v)the number of registrable offenders in government custody; and
(vi)the number of registrable offenders outside Victoria (excluding registrable offenders to whom Division 9 of Part 3 of the Act applies); and
(vii)the number of registrable offenders who are the subject of an order under Division 6 of Part 3 of the Act (or an equivalent order made under the laws of a foreign jurisdiction); and
(viii)the number of registrable offenders who are the subject of a notice under section 45A of the Act; and
(ix)the number of registrable offenders whose reporting period has ended; and
(x)the number of deceased registrable offenders;
(b)with respect to the number of offenders added to the Register in the financial year ending on the immediately preceding 30 June—
(i)the number of offenders under the age of 18; and
(ii)the number of offenders added to the Register following the making of an order under section 11 of the Act; and
(iii)the number of offenders added to the Register because they are corresponding registrable offenders.
SCHEDULES
SCHEDULE 1—REVOCATION
Regulation 4
| S.R. No. | Title |
| 121/2004 | Sex Offenders Registration Regulations 2004 |
| 135/2004 | Sex Offenders Registration (Amendment) Regulations 2004 |
| 94/2005 | Sex Offenders Registration (Amendment) Regulations 2005 |
| 127/2006 | Sex Offenders Registration (Amendment) Regulations 2006 |
| 18/2007 | Sex Offenders Registration (Amendment) Regulations 2007 |
SCHEDULE 2—PERSON OR BODY REQUIRED TO GIVE NOTICE OF REPORTING OBLIGATIONS TO REGISTRABLE OFFENDER
Regulation 21(1)
TABLE
| Column 1 Class of offender | Column 2 Person or Body |
| 1. A registrable offender who is sentenced for a registrable offence by the Magistrates' Court | Magistrates' Court |
| 2. A registrable offender who is sentenced for a registrable offence by the County Court | County Court |
| 3. A registrable offender who is sentenced for a registrable offence by the Supreme Court | Supreme Court |
| 4. A registrable offender who is sentenced for a registrable offence by the Children's Court | Children's Court |
| 5. A registrable offender who is released from government custody and who is— (a) a forensic patient 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; or (b) a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991; or (c) a security patient subject to a secure treatment order within the meaning of the Mental Health and Wellbeing Act 2022 | Secretary to the Department of Health |
| Column 1 Class of offender | Column 2 Person or Body |
| 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 |
| 7. A registrable offender who is released from government custody and who is an inmate | In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Secretary—Secretary In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Chief Commissioner of Police—Chief Commissioner of Police |
| 8. A registrable offender who is released from government custody and who is not a person referred to in item 5, 6, 6A or 7 | Secretary |
| 9. A registrable offender who enters Victoria, if the registrable offender has not previously been given notice of their reporting obligations in Victoria | Chief Commissioner of Police |
| 10. A registrable offender who is not a person referred to in items 1 to 9 | Secretary |
SCHEDULE 3—SUPERVISING AUTHORITY
Regulation 22(1)
TABLE
| Column 1 Class of offender | Column 2 Supervising Authority |
| 1. A registrable offender who ceases to be in government custody and who is— (a) a forensic patient 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; or (b) a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991; or (c) a security patient subject to a secure treatment order within the meaning of the Mental Health and Wellbeing Act 2022 | Secretary to the Department of Health |
| 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 |
| Column 1 Class of offender | Column 2 Supervising Authority |
| 3. A registrable offender who ceases to be in government custody and who is an inmate | In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Secretary—Secretary In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Chief Commissioner of Police—Chief Commissioner of Police |
| 4. A registrable offender who ceases to be in government custody and who is not a person referred to in item 1, 2, 2A or 3 | Secretary |
| 5. A registrable offender who is an adult who ceases to be subject to a supervised sentence | Secretary |
| 6. A registrable offender who ceases to be subject to a supervised sentence and who is a child in respect of whom an order has been made under section 360(1) of the Children, Youth and Families Act 2005 under which the child is required to submit to strict supervision by a person referred to in paragraph (a) or (b) of the definition of strict supervision in the Sex Offenders Registration Act 2004 | Secretary |
| Column 1 Class of offender | Column 2 Supervising Authority |
| * * * * * | |
| 8. A registrable offender who ceases to be subject to a non-custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 | 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 |
| 9. A registrable offender who ceases to participate in a diversion program under section 59 of the CriminalProcedure Act 2009 | Magistrates' Court |
| 10. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision and who is an adult (other than a person referred to in item 11(b)) | Secretary |
| 11. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision and who is— (a) a child; or (b) an adult who is subject to the jurisdiction of the Youth Parole Board | Secretary |
| 12. A registrable offender who ceases to be an existing licensee | Secretary |
| 13. A registrable offender who is not a person referred to in items 1 to 12 | Secretary |
SCHEDULE 4—RETRIEVAL NOTICE
Regulation 31
TO: [insert name of registrable offender or person believed to be the owner of seized thing(s)]
OF: [insert address or last known address of registrable offender or person believed to be the owner of seized thing(s)]
In accordance with section 66ZC of the Sex Offenders Registration Act 2004, I am notifying you that the Chief Commissioner of Police is no longer authorised to retain the following things which were seized at [insert location of seizure] on [insert date of seizure]:
[insert details of each seized thing that can be retrieved]
Retrieving your things
You are now able to retrieve the thing(s) referred to above. If you wish to retrieve the thing(s), you may attend at [insert address of the location from which the seized thing(s) can be retrieved] between the hours of [insert opening hours of location].
You should bring this retrieval notice and photo identification with you to retrieve your seized thing(s).
What will happen if you do not retrieve your seized things
In accordance with section 66ZC(3) of the Sex Offenders Registration Act 2004, if you do not retrieve the thing(s) referred to above by [insert date that is at least 3 months from the date of this retrieval notice], the thing(s) will be dealt with as if it were unclaimed property and may be disposed of by an authorised person in accordance with Division 3 of Part 4 of the Victoria Police Act 2013. Disposal may be by sale by public auction, destruction, or any other means approved by the Minister for Police.
NAME: [insert name of person issuing this retrieval notice]
TITLE: [insert title of person issuing this retrieval notice]
DATE: [insert date of this retrieval notice].
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Sex Offenders Registration Regulations 2014, S.R. No. 142/2014 were made on 23 September 2014 by the Governor in Council under section 75 of the Sex Offenders Registration Act 2004, No. 56/2004 and came into operation on 27 September 2014: regulation 3.
The Sex Offenders Registration Regulations 2014 will sunset 10 years after the day of making on 23 September 2024 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sex Offenders Registration Regulations 2014 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sex Offenders Registration Amendment Regulations 2015, S.R. No. 90/2015
Date of Making: 14.7.15 Date of Commencement: 14.7.15
Sex Offenders Registration Amendment Regulations 2016, S.R. No. 154/2016
Date of Making: 20.12.16 Date of Commencement: 1.2.17: reg. 3
Sex Offenders Registration Amendment Regulations 2023, S.R. No. 59/2023
Date of Making: 20.6.23 Date of Commencement: Regs 5–14, 15(2)–(4), 16(2)–(8) on 21.6.23: reg. 3(1); regs 15(1), 16(1) on 1.9.23: reg. 3(2)
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3 Explanatory details
No entries at date of publication.
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