WJH v Chief Commissioner of Police

In the matter of WJH versus the Chief Commissioner of Police, the applicant sought relief under the Sex Offenders Registration Act 2004 (Vic) to suspend his lifelong reporting obligations. WJH had been convicted of sexual penetration of a child between the ages of 10 and 16, and possessing child pornography. The application came before the County Court of Victoria. The applicant argued that he posed a low risk of reoffending, having remained crime-free, entered a stable marriage, and secured stable employment. The Chief Commissioner of Police did not oppose the application.

The primary legal issue before the court was whether the applicant satisfied the criteria under section 39(2) of the Sex Offenders Registration Act 2004 (Vic) to suspend his lifelong reporting obligations. This required a consideration of the nature and circumstances of the offence, the risk of reoffending, and the interests of the victim. The court also needed to balance the applicant's right to privacy and reputation against the public interest in maintaining the sex offenders register. The court referenced the principles in Re GH [2024] VSC 217 (Croucher J) in its reasoning.

The court found that the applicant had demonstrated a low risk of reoffending, given the absence of any further offending and his stable personal circumstances. The victim supported the application, and the Chief Commissioner of Police did not oppose it. The court considered these factors alongside the statutory criteria and concluded that the applicant met the threshold for suspension of his reporting obligations. In light of the support from the victim and the absence of opposition, the court granted the application. The court also made a final suppression order on the applicant’s identifying information, to protect his privacy while balancing the public interest.

The court's final orders included the suspension of the applicant's lifelong reporting obligations and a final suppression order on his identifying information. This decision reflects the court's consideration of the statutory criteria and the specific circumstances of the case, recognising the applicant's low risk of reoffending and the victim's support for the application.