WBM v Chief Commissioner of Police

The appeal before the court involved the appellant, WBM, contesting their classification as an ‘existing controlled registrable offender’ under the Sex Offences Registration Act 2004 (Vic). The appellant argued that they were not subject to the Act because they were serving an aggregate suspended sentence at the time the Act commenced. The appellant also contended that the Act was retrospective, which would infringe upon their right to work and right to privacy, as protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic). The appeal was heard and dismissed by the Supreme Court of Victoria.

The court was required to determine whether the appellant was an ‘existing controlled registrable offender’ under the Act, and whether the Act was retrospective in nature. Additionally, the court needed to consider whether the Act infringed upon the appellant's right to work and right to privacy as outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic).

In dismissing the appeal, the court held that the appellant was indeed an ‘existing controlled registrable offender’ under the Act. The court found that the appellant was serving an aggregate suspended sentence at the time the Act commenced, and that this included a registrable offence. The court also concluded that the Act was not retrospective, as it did not apply to situations that existed before its commencement. Furthermore, the court held that the Act was not penal in nature and therefore did not infringe upon the appellant's right to work or right to privacy.

The Supreme Court of Victoria dismissed the appeal and upheld the classification of the appellant as an ‘existing controlled registrable offender’ under the Sex Offences Registration Act 2004 (Vic).