Untitled document
Version No. 001
Sex Offenders Registration Regulations 2024
S.R. No. 94/2024
Version as at
22 September 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Corresponding Act
7Corresponding prohibition order Act
8Corresponding sex offender registration order
9Foreign witness protection laws
10New South Wales registrable offenders
11Appointment of Registrar of Sex Offenders
Part 2—Reporting obligations
Division 1—Preliminary
12Persons required to report under corresponding Act
13Police stations
Division 2—Making reports
14Making a report other than in person
15Documents to verify or support details in a report—intended travel out of Australia
16Documents to verify or support details in a report—return to Victoria after travel out of Australia
17Other forms of identification
18Verifying documentation or evidence in support of a report—employment details
19Verifying or supporting documents—reports during pandemic, state of emergency or state of disaster
20Reporting by remote offenders
Division 3—Notification of reporting obligations
21Chief Commissioner may approve form of notice
22Notice to be given to registrable offender
23Acknowledgement of receipt of notice
24Person or body required to give notice of reporting obligations to registrable offender
25Supervising authority
26Notice to be given when reporting period changes
27Supervising authority to notify Chief Commissioner of Police of certain events
Part 3—Prohibition orders
28Making application for a prohibition order
29Explanation of interim prohibition order
30Explanation of final prohibition order
31Exclusion conditions where registrable offender is a child
32Recording and register of seized things
33Police officer must provide receipt for seized things
34Return of seized property—retrieval notices
35Application to vary or revoke a prohibition order
36Application to extend a final prohibition order
37Court may vary a prohibition order—written notice to registrable offender
38Court may extend a final prohibition order—written notice to registrable offender
39Corresponding registrable offender to be notified of registration order—written notice to registrable offender
40Court may vary a registration order—written notice to registrable offender
Part 4—Miscellaneous
41Chief Commissioner of Police to report to Minister
Schedule 1—Revocation
Schedule 2—Retrieval notice
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Sex Offenders Registration Regulations 2024
S.R. No. 94/2024
Version as at
22 September 2024
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
(c)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
(d)certain other matters authorised to be prescribed under the Sex Offenders Registration Act 2004.
2Authorising provision
These Regulations are made under section 75 of the Sex Offenders Registration Act 2004.
3Commencement
These Regulations come into operation on 22 September 2024.
4Revocation
The Regulations set out in Schedule 1 are revoked.
5Definitions
In these Regulations—
court secure treatment order means a Court Secure Treatment Order within the meaning of the Sentencing Act 1991;
custodial supervision order means an order referred to in section 26(2)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
forensic patient has the same meaning as in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
forensic resident has the same meaning as in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
non-custodial supervision order means an order referred to in section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
parent has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;
parental responsibility has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;
Registrarof Sex Offenders means the police officer appointed as the Registrar of Sex Offenders under regulation 11;
residential treatment facility has the same meaning as in section 3(1) of the Disability Act 2006;
residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;
secure treatment order has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;
secure welfare service has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;
security patient has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;
the Act means the Sex Offenders Registration Act 2004.
6Corresponding Act
For the purposes of the definition of corresponding Act in section 3(1) 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.
7Corresponding prohibition order Act
For the purposes of the definition of corresponding prohibition order Act in section 3(1) 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 2005 of Tasmania;
(g)the Community Protection (Offender Reporting) Act 2004 of Western Australia.
8Corresponding sex offender registration order
For the purposes of the definition of corresponding sex offender registration order in section 3(1) 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.
9Foreign 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 2002 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.
10New South Wales registrable offenders
For the purposes of section 10 of the Act, the specified date is 1 October 2004.
11Appointment 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
12Persons required to report under corresponding Act
For the purposes of section 15 of the Act, the prescribed person to be contacted is the Registrar of Sex Offenders.
13Police stations
(1)For the purposes of section 22(1) of the Act, the Chief Commissioner of Police may give directions as to—
(a)which police stations may be used as a venue to make a report under Part 3 of the Act; and
(b)the police stations or class of police stations that must not be used as a venue to make a report under Part 3 of the Act except with the consent of the Chief Commissioner of Police.
(2)For the purposes of section 22(1) of the Act, the Registrar of Sex Offenders may direct a registrable offender to make a report that is to be made under Part 3 of the Act at a specified police station that, in accordance with the directions under subregulation (1), may be used as a venue to make the report.
Division 2—Making reports
14Making 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 the Act.
2 See the definitions of audio link, audio visual link and electronic communication in section 38 of the Interpretation of Legislation Act 1984.
15Documents to verify or support details in a report—intended travel out of Australia
For the purposes of section 21A(2)(b) of the Act, the specified documents to verify or support details in a report referred to in section 21A(1)(a) of the Act are—
(a)each travel itinerary issued to the registrable offender by a person or body that has organised transport or accommodation in relation to the intended travel; and
(b)for each country that the registrable offender intends to enter during the travel—
(i)each booking confirmation or receipt issued to the registrable offender for transport to enter that country; and
(ii)each visa or other authority to enter the country that is issued to the registrable offender; and
(iii)each booking confirmation or receipt issued to the registrable offender for accommodation in that country; and
(c)if the registrable offender intends to return to Victoria, each booking confirmation or receipt issued to the registrable offender for transport to enter Victoria.
16Documents to verify or support details in a report—return to Victoria after travel out of Australia
(1)For the purposes of section 21A(2)(b) of the Act, the specified documents to verify or support details in a report referred to in section 21A(1)(b) of the Act are—
(a)for each country that the registrable offender entered during the travel—
(i)each boarding pass issued to the registrable offender for transport to enter that country; and
(ii)each visa or other authority to enter the country that was issued to the registrable offender; and
(iii)each receipt issued to the registrable offender for accommodation provided to the registrable offender in that country; and
(b)each boarding pass issued to the registrable offender for transport to enter Victoria.
(2)For the purposes of section 21A(2)(c) of the Act, the specified documents to verify or support details in a report made under section 19 of the Act during the period of travel referred to in section 21A(1)(a) of the Act are—
(a)each travel itinerary issued to the registrable offender in respect of the change of travel plans by a person or body that organised transport or accommodation for the travel; and
(b)for each country that the registrable offender entered during the travel—
(i)each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for transport used to enter that country; and
(ii)each visa or other authority to enter the country that was issued to the registrable offender in respect of the change of travel plans; and
(iii)each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for accommodation provided to the registrable offender in that country; and
(c)each cancellation notice issued to the registrable offender for any transport or accommodation cancelled during the travel; and
(d)each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for transport to enter Victoria.
(3)In this regulation—
change of travel plans means a change arising from a decision referred to in section 19(1) of the Act.
17Other forms of identification
(1)For the purposes of section 26(1)(a) of the Act, the other specified documents to identify the registrable offender are—
(a)for an initial report of personal details under section 14 of the Act, all of the following—
(i)a document specified in subregulation (3) that relates to the registrable offender; and
(ii)2 documents specified in subregulation (4) that relate to the registrable offender; and
(b)for any other report, either of the following—
(i)a document specified in subregulation (3) that relates to the registrable offender; or
(ii)2 documents specified in subregulation (4) that relate to the registrable offender.
(2)For the purposes of section 26(1)(c) of the Act, the other forms of specified identification to identify the person making the report who is not the registrable offender are either of the following—
(a)a document specified in subregulation (3) that relates to the person making the report; or
(b)2 documents specified in subregulation (4) that relate to the person making the report.
(3)For the purposes of subregulations (1)(a)(i) and (b)(i) and (2)(a), the following documents are specified—
(a)an Australian passport within the meaning of the Australian Passports Act 2005 of the Commonwealth that is current or that has expired within the previous 3 years;
(b)a current foreign passport;
(c)if the person is not an Australian citizen, a document issued by the Department administered by the Minister administering the Migration Act 1958 of the Commonwealth to assist the person to prove the person's identity;
(d)a travel-related document within the meaning of the Australian Passports Act 2005 of the Commonwealth that is current;
(e)a certificate signed by an officer within the meaning of the Migration Act 1958 of the Commonwealth stating that, at a specified time, or during a specified period, the person was the holder of a visa that was in effect;
(f)an Australian citizenship or naturalisation certificate;
(g)an original birth certificate issued by a Registrar;
(h)a proof of age card within the meaning of section 3(1) of the Liquor Control Reform Act 1998;
(i)for a person who is not the registrable offender—
(i)a licence issued under the Firearms Act 1996; or
(ii)evidence of a current clearance within the meaning of section 3(1) of the Worker Screening Act 2020.
(4)For the purposes of subregulations (1)(a)(ii) and (b)(ii) and (2)(b), the following documents are specified—
(a)a certified birth extract issued by a Registrar;
(b)a current signed credit card, debit card, account card, passbook or account statement from an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
(c)a DVS document within the meaning of the Identity Verification Services Act 2023 of the Commonwealth other than a document specified in subregulation (3);
(d)a current medicare card within the meaning of section 84(1) of the National Health Act 1953 of the Commonwealth;
(e)a current health care card, pensioner concession card or seniors health card within the meaning of the Social Security Act 1991 of the Commonwealth;
(f)a rates or land valuation notice issued within the previous 12 months by a Council within the meaning of section 3(1) of the Local Government Act 2020;
(g)a notice of assessment of land tax issued within the previous 12 months by the Commissioner of State Revenue under the Taxation Administration Act 1997;
(h)any of the following agreements or notices under the Residential Tenancies Act 1997—
(i)a current residential rental agreement for rented premises at which the person resides;
(ii)a current SDA residency agreement for an SDA dwelling at which the person resides;
(iii)a notice referred to in section 92C of that Act of a current residency right in a rooming house at which the person resides;
(iv)a current written agreement referred to in section 144 of that Act for a caravan park at which the person resides;
(v)a current site agreement for a Part 4A site at which the person resides;
(i)a gas, water, electricity or telephone account statement issued within the previous 6 months;
(j)a certificate of registration for a motor vehicle or a notice of renewal of that registration;
(k)a current consumer insurance contract within the meaning of the Insurance Contracts Act 1984 of the Commonwealth for home buildings insurance, home contents insurance or motor vehicle insurance, or a notice of renewal of that insurance cover;
(l)a student identity card or a certificate or statement of enrolment from an educational institution.
(5)If there is a material difference between the name of a person who is required to present a form of identification under section 26(1) of the Act and the name that appears on that identification, the person must also present one of the following documents to verify that difference—
(a)a change of name certificate issued to the person by a Registrar;
(b)a marriage certificate issued to the person by a Registrar.
(6)For the purposes of section 26(2)(b) and (3) of the Act, a police officer, in considering whether they are satisfied as to a person's identity under either provision, may have regard to an electronic identity credential that is—
(a)at a level of assurance approved by the Chief Commissioner of Police for the purposes of this subregulation; and
(b)issued to the person making the report.
(7)In this regulation—
electronic identity credential has the same meaning as in the Service Victoria Act 2018;
level of assurance has the same meaning as in the Service Victoria Act 2018.
18Verifying documentation or evidence in support of a report—employment details
A registrable offender who is required to report the personal details referred to in section 14(1)(f) of the Act when making a report under Division 1 of Part 3 or section 16 of the Act must produce in support of the report a copy of any 2 payslips issued to the registrable offender within 2 months before the date of making the report.
19Verifying or supporting documents—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)To verify the identity of the registrable offender, the person making the report must produce the registrable offender's driver licence (if any) or—
(a)for an initial report of personal details under section 14 of the Act, all of the following—
(i)a document specified in regulation 17(3) that relates to the registrable offender; and
(ii)2 documents specified in regulation 17(4) that relate to the registrable offender; or
(b)for any other report, either of the following—
(i)a document specified in regulation 17(3) that relates to the registrable offender; or
(ii)2 documents specified in regulation 17(4) that relate to the registrable offender.
(3)Additionally, 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)a document specified in regulation 17(3) that relates to the person making the report; or
(c)2 documents specified in regulation 17(4) that relate to the person making the report.
(4)For any document that is required under the Act or these Regulations to be produced with the report, the person making the report must—
(a)if the report is made by audio link, give the details of the document that are required by the police officer receiving the report for the officer to verify the document to the officer's satisfaction; or
(b)if the report is made by audio visual link, give the details of the document that are 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)if the report is made by electronic communication—
(i)give the details of the document that are 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.
20Reporting 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
21Chief Commissioner may approve form of notice
(1)The Chief Commissioner of Police may approve the form of—
(a)a notice to be given to a registrable offender under section 50(1) of the Act; or
(b)a notice to be given by a supervising authority to the Chief Commissioner of Police of certain events under section 53(2) of the Act.
(2)An approval under subregulation (1) may specify the circumstances in relation to which it applies.
(3)The Chief Commissioner of Police must publish any approved form in the Government Gazette.
22Notice to be given to registrable offender
(1)Subject to subregulation (2), the manner in which a notice under section 50(1) of the Act is to be given to a registrable offender who is a child is by giving it to—
(a)the registrable offender; or
(b)a person with parental responsibility for the registrable offender.
(2)If the registrable offender may be unable to understand their reporting obligations or the consequences of failing to comply with those obligations, the manner in which the notice is to be given to the registrable offender is by giving it to—
(a)a person with parental responsibility for the registrable offender; or
(b)a carer of the registrable offender; or
(c)another person nominated in writing by the registrable offender.
(3)Subject to subregulation (4), the manner in which a notice under section 50(1) of the Act is to be given to a registrable offender who has a disability or any other special need is by giving it to—
(a)the registrable offender; or
(b)a carer of the registrable offender; or
(c)another person nominated in writing by the registrable offender.
(4)If the registrable offender may be unable to understand their reporting obligations or the consequences of failing to comply with those obligations, the manner in which the notice is to be given to the registrable offender is by giving it to—
(a)a carer of the registrable offender; or
(b)another person nominated in writing by the registrable offender.
(5)For the purposes of section 50(1A) of the Act, the following details are prescribed—
(a)the name of the registrable offender;
(b)a statement setting out the following information—
(i)the registrable offender's obligation to make an initial report, including the period within which the initial report must be made;
(ii)the registrable offender's obligation to make an annual report;
(iii)the registrable offender's obligation to report any change to the registrable offender's personal details;
(iv)the details the registrable offender must report under section 14 of the Act and under these Regulations;
(v)the registrable offender's obligations to report under sections 18, 19, 20, 21 and 21A of the Act, including the periods within which the reports must be made;
(vi)the circumstances in which the registrable offender must make a report in person;
(vii)the circumstances in which the registrable offender may make a report by audio link, audio visual link or electronic communication;
Note
See section 23A of the Act.
(viii)the form of identification to be presented by the person who makes a report;
(ix)the documents to be produced to verify or support details in a report;
(c)a toll free telephone number on which the Registrar of Sex Offenders may be contacted;
(d)the consequences that may arise if a registrable offender fails to comply with their reporting obligations;
(e)the date of the notice;
(f)the name, signature and position of the person giving the notice.
(6)A notice under section 50(1) of the Act is not required to specify the registrable offender's reporting period.
23Acknowledgement of receipt of notice
(1)A person or body that gives a notice under Part 3 of the Act to a registrable offender may ask the registrable offender to acknowledge receipt of the notice in writing.
(2)Within 3 days after giving a notice under section 50(1) of the Act to a registrable offender, the person or body that gives the notice must—
(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)of the date on which the registrable offender was given the notice; and
(b)if the registrable offender has acknowledged receipt of the notice in writing, provide the Chief Commissioner of Police with a copy of the acknowledgement.
24Person or body required to give notice of reporting obligations to registrable offender
For the purposes of section 50(3) of the Act, the specified person or body that is to give a notice under section 50 of the Act to a class of registrable offender listed in Column 1 of the following Table is the person or body specified in Column 2 opposite that class of registrable offender.
TABLE
| Column 1 Class of registrable offender | Column 2 Person or body |
| 1. A registrable offender who is sentenced for a registrable offence by the Magistrates' Court | The Magistrates' Court |
| 2. A registrable offender who is sentenced for a registrable offence by the County Court | The County Court |
| 3. A registrable offender who is sentenced for a registrable offence by the Supreme Court | The Supreme Court |
| 4. A registrable offender who is sentenced for a registrable offence by the Children's Court | The Children's Court |
| 5. A registrable offender who— (a) is released from government custody; and (b) immediately before that release, was in custody as an inmate deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A of the Corrections Act 1986 | The Chief Commissioner of Police |
| 6. A registrable offender who is released from government custody and, immediately before that release, was in custody as— (a) an inmate deemed to be in the legal custody of the Secretary under Part 1A of the Corrections Act 1986; or (b) a detainee | The Secretary |
| 7. A registrable offender who is released from government custody and, immediately before that release, was in custody as— (a) a forensic patient under a custodial supervision order; or (b) a security patient subject to a court secure treatment order; or (c) a security patient subject to a secure treatment order | The Secretary to the Department of Health |
| 8. A registrable offender who is released from government custody and, immediately before that release, was in custody as— (a) a forensic resident under a custodial supervision order; or (b) a person detained in a residential treatment facility in accordance with a residential treatment order; or (c) a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005 | The Secretary to the Department of Families, Fairness and Housing |
| 9. A registrable offender who enters Victoria and who has not previously been given a notice of their reporting obligations in Victoria | The Chief Commissioner of Police |
| 10. A registrable offender who is not a person referred to in items 1 to 9 | The Secretary |
25Supervising authority
For the purposes of paragraph (b) of the definition of supervising authority in section 3(1) of the Act, the supervising authority for a class of registrable offender specified in Column 1 of the following Table is the entity specified in Column 2 opposite that class of offender.
TABLE
| Column 1 Class of registrable offender | Column 2 Supervising authority |
| 1. A registrable offender who— (a) ceases to be in government custody; and (b) immediately before ceasing to be in that custody, was in custody as an inmate deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A of the Corrections Act 1986 | The Chief Commissioner of Police |
| 2. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as— (a) an inmate deemed to be in the legal custody of the Secretary under Part 1A of the Corrections Act 1986; or (b) a detainee | The Secretary |
| 3. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as— (a) a forensic patient under a custodial supervision order; or (b) a security patient subject to a court secure treatment order; or (c) a security patient subject to a secure treatment order | The Secretary to the Department of Health |
| 4. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as— (a) a forensic resident under a custodial supervision order; or (b) a person detained in a residential treatment facility in accordance with a residential treatment order; or (c) a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005 | The Secretary to the Department of Families, Fairness and Housing |
| 5. A registrable offender who ceases to be subject to a supervised sentence other than a non-custodial supervision order and, immediately before ceasing to be subject to the supervised sentence, was— (a) an adult; or (b) a child subject to a supervised sentence that required the child to submit to supervision by the Secretary or a person employed within the Department of Justice and Community Safety | The Secretary |
| 6. A registrable offender who— (a) ceases to be subject to a supervised sentence that is a non-custodial supervision order; and (b) immediately before ceasing to be subject to that order, was supervised by the Secretary to the Department of Families, Fairness and Housing under that order | The Secretary to the Department of Families, Fairness and Housing |
| 7. A registrable offender who— (a) ceases to be subject to a supervised sentence that is a non-custodial supervision order; and (b) immediately before ceasing to be subject to that order, was supervised by the Secretary to the Department of Health under that order | The Secretary to the Department of Health |
| 8. A registrable offender who ceases to participate in a diversion program under section 59 of the CriminalProcedure Act 2009 | The Magistrates' Court |
| 9. A registrable offender who ceases to be subject to a condition of parole requiring the registrable offender to be subject to supervision | The Secretary |
| 10. A registrable offender who ceases to be an existing licensee | The Secretary |
| 11. A registrable offender who is not a person referred to in items 1 to 10 | The Secretary |
26Notice to be given when reporting period changes
The written notice that the Chief Commissioner of Police must give or cause to be given to the registrable offender under section 52(2) of the Act must include the following information—
(a)the name of the registrable offender;
(b)the changed reporting period;
(c)the date of the notice;
(d)the name, signature and position of the person giving the notice.
27Supervising authority to notify Chief Commissioner of Police of certain events
The written notice that the supervising authority must give the Chief Commissioner of Police under section 53(2) of the Act must include the following information—
(a)the name of the registrable offender;
(b)the relevant event listed in section 53(1) of the Act;
(c)the date that the event will occur or has occurred;
(d)the date of the notice;
(e)the name, signature and position of the person giving the notice.
PART 3—PROHIBITION ORDERS
28Making 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; and
(d)any conditions sought by the Chief Commissioner of Police; and
(e)whether the Chief Commissioner of Police is seeking an interim prohibition order.
29Explanation of interim prohibition order
For the purposes of section 66F(1)(f) of the Act, the prescribed information is a statement that the registrable offender may apply to the court in accordance with section 66ZH of the Act to vary or revoke the interim prohibition order.
30Explanation of final prohibition order
For the purposes of section 66O(1)(f) of the Act, the prescribed information is a statement that the registrable offender may apply to the court in accordance with section 66ZH of the Act to vary or revoke the final prohibition order.
31Exclusion conditions where registrable offender is a child
For the purposes of section 66R(4)(a) of the Act, the prescribed time is 7 days after the Secretary receives a request under section 66R(3) of the Act.
32Recording and register of seized things
For the purposes of section 66Z(3) of the Act, the prescribed details for each thing seized are—
(a)the date on which the thing was seized, and the time and place at which the thing was seized; 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 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).
33Police 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 date on which the thing was seized, and the time and place at which the thing was seized; and
(b)the name of—
(i)the police officer who seized the thing; or
(ii)a police officer who was present when the thing was seized and who recorded 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 is the owner of the thing, and if not, the name and address of the owner of the thing (if known); and
(f)an explanation of the effect of sections 66ZB and 66ZC of the Act; and
(g)that a person may apply under section 66ZD of the Act to the Magistrates' Court for the return of the seized thing.
(2)For the purposes of section 66ZA(2)(b) of the Act, a receipt must be signed by the persons who are required signatories under subregulation (3) or (4).
(3)If the registrable offender from whom the thing was seized agrees to sign the receipt, the required signatories are—
(a)the registrable offender; and
(b)either—
(i)the police officer who seized the thing; or
(ii)a police officer who was present when the thing was seized and who recorded the details of the seized thing.
(4)If the registrable offender from whom the thing was seized does not agree to sign the receipt, the required signatories are—
(a)if the police officer who seized the thing did so while no other adult (besides the registrable offender) was present, that police officer; or
(b)otherwise—
(i)a police officer referred to in subregulation (3)(b)(i) or (ii); and
(ii)another adult (besides the registrable offender) who was present when the thing was seized.
34Return of seized property—retrieval notices
For the purposes of section 66ZC(2) of the Act—
(a)a notification under section 66ZC(1) of the Act may be given by—
(i)personally serving the notice 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)posting the notice 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); and
Note
The Electronic Transactions (Victoria) Act 2000 allows a notification under section 66ZC(1) of the Act to be given electronically in accordance with that Act.
(b)the prescribed information is the information in the form in Schedule 2.
35Application to vary or revoke a prohibition order
For the purposes of section 66ZH(3)(d) of the Act, the prescribed information is—
(a)for an application to vary a prohibition order, the variations sought by the applicant; and
(b)for an application to vary or revoke a prohibition order—
(i)the date of the prohibition order; and
(ii)the venue of the court at which the prohibition order was made; and
(iii)if the application is made by the registrable offender with the consent of the Chief Commissioner of Police, a copy of that written consent.
36Application to extend a final prohibition order
For the purposes of section 66ZI(2)(d) of the Act, the prescribed information is the duration of the extension sought by the Chief Commissioner of Police.
37Court may vary a prohibition order—written notice to registrable offender
For the purposes of section 66ZL(4)(b)(iv) of the Act, the prescribed information is a statement that the registrable offender may apply to vary or revoke the prohibition order in accordance with section 66ZH of the Act.
38Court may extend a final prohibition order—written notice to registrable offender
For the purposes of section 66ZN(3)(b)(iv) of the Act, the prescribed information is a statement that the registrable offender may apply to vary or revoke the final prohibition order in accordance with section 66ZH of the Act.
39Corresponding registrable offender to be notified of registration order—written notice to registrable offender
For the purposes of section 66ZT(1)(f) of the Act, the following information is prescribed—
(a)a statement that the variation or extension of the corresponding prohibition order by a court of the State or Territory in which it was made has no effect in Victoria after the registration order is made; and
(b)a statement that the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.
40Court may vary a registration order—written notice to registrable offender
For the purposes of section 66ZZ(3)(d) of the Act, the following information is prescribed—
(a)a statement that the variation or extension of the corresponding prohibition order by a court of the State or Territory in which it was made has no effect in Victoria after the registration order is made; and
(b)a statement that the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.
PART 4—MISCELLANEOUS
41Chief 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)for each gender, the number of those registrable offenders who are of that gender; and
(ii)the number of those registrable offenders who are children; and
(iii)the reporting periods applying to those registrable offenders; and
(iv)the number of those registrable offenders who are living in Victoria and subject to reporting obligations; and
(v)the number of those registrable offenders who are in government custody; and
(vi)the number of those registrable offenders who are outside Victoria (excluding registrable offenders to whom Division 9 of Part 3 of the Act applies); and
(vii)the number of those 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 those registrable offenders who are the subject of a notice under section 45A of the Act; and
(ix)the number of those registrable offenders whose reporting period has ended; and
(x)the number of those registrable offenders who have died;
(b)with respect to the number of registrable offenders added to the Register in the financial year ending on the immediately preceding 30 June—
(i)the number of those registrable offenders who are children; and
(ii)the number of those registrable offenders who were added to the Register following the making of an order under section 11 of the Act; and
(iii)the number of those registrable offenders who were added to the Register because they are corresponding registrable offenders;
(c)with respect to the financial year ending on the immediately preceding 30 June—
(i)the number of registrable offenders whose reporting period ended in that financial year; and
(ii)the number of orders made under section 40(1A) of the Act in that financial year suspending a registrable offender's reporting obligations; and
(iii)the number of orders made under section 44A of the Act in that financial year revoking an order referred to in subparagraph (ii); and
(iv)the number of notices served under section 45A of the Act in that financial year suspending a registrable offender's reporting obligations; and
(v)the number of registrable offenders who died in that financial year;
(d)the number of persons who ceased to be a registrable offender in the financial year ending on the immediately preceding 30 June.
SCHEDULE 1—REVOCATION
Regulation 4
| S.R. No. | Title |
| 142/2014 | Sex Offenders Registration Regulations 2014 |
| 90/2015 | Sex Offenders Registration Amendment Regulations 2015 |
| 154/2016 | Sex Offenders Registration Amendment Regulations 2016 |
| 59/2023 | Sex Offenders Registration Amendment Regulations 2023 |
SCHEDULE 2—RETRIEVAL NOTICE
Regulation 34
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].
═════════════
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 2024, S.R. No. 94/2024 were made on 17 September 2024 by the Governor in Council under section 75 of the Sex Offenders Registration Act 2004, No. 56/2004 and came into operation on 22 September 2024: regulation 3.
The Sex Offenders Registration Regulations 2024 will sunset 10 years after the day of making on 17 September 2034 (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
There are no amendments made to the Sex Offenders Registration Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
No entries at date of publication.
0
0
0