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This is a Bill, not an Act. For current law, see the Acts databases.
Sex Offenders Registration Amendment Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004 3
3 Definitions 3
4 New section 4A inserted 3
4A When does a registrable offender have contact with
a child? 3
5 Sex offender registration order 4
6 Initial report by registrable offender of personal details 5
7 Registrable offender must report changes to relevant personal
details 5
8 Intended absence from Victoria to be reported 6
9 Change of travel plans while out of Victoria to be given 6
10 Registrable offender to report return to Victoria or decision
not to leave 6
11 New section 21A inserted 7
21A Additional reporting obligation in relation to travel
out of Australia 7
12 How reports to be made 8
13 Section 30 substituted 8
30 Retention of material for certain purposes 8
14 Suspension and extension of reporting obligations 9
15 Headings 9
16 New section 45A inserted 10
45A Chief Commissioner of Police may suspend reporting
obligations for period not exceeding 12 months in
certain circumstances 10
17 Offence of failing to comply with reporting obligations 11
18 Section 47 substituted 12
47 Offence of furnishing false or misleading information 12
19 Modification of ongoing reporting obligations 13
20 Access to register to be restricted 13
i
Clause Page
21 Person with access to Register not to disclose personal
information from it 13
22 New section 64A inserted 13
64A Disclosure of de-identified information 13
23 Definitions 14
24 New section 73E inserted 14
73E Transitional provisions--Sex Offenders Registration
Amendment Act 2014 14
25 Regulations 16
26 Schedule 1--Class 1 offences 17
27 Schedule 2--Class 2 offences 18
PART 3--AMENDMENT OF OTHER ACTS 20
Division 1--Children, Youth and Families Act 2005 20
28 New Part 3.2A inserted 20
PART 3.2A--DISCLOSURE OF INFORMATION
ABOUT CHILD'S CONTACT WITH REGISTRABLE
OFFENDER 20
42A Interpretation 20
42B Secretaries may disclose information relating to
registrable offenders 21
42C Chief Commissioner of Police and Secretary may
disclose information relating to registrable offenders 21
42D Disclosure of certain information relating to
registrable offender in certain circumstances 22
42E Information obtained in certain circumstances not to
be disclosed without authority 23
Division 2--Freedom of Information Act 1982 24
29 Law enforcement documents 24
PART 4--REPEAL OF AMENDING ACT 25
30 Repeal of amending Act 25
ENDNOTES 26
ii
Sex Offenders Registration Amendment
Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend--
(a) the Sex Offenders Registration Act 2004
to--
(i) further provide for reporting obligations
under Part 3 of that Act; and
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Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 1--Preliminary
s. 2
(ii) further provide for the retention of
certain material for law enforcement,
crime prevention and child protection
purposes; and
(iii) provide for the disclosure of
information contained in the Register
established and maintained under
section 62 of that Act; and
(b) the Children, Youth and Families Act
2005 to provide for the disclosure of
information relating to registrable offenders;
and
(c) the Freedom of Information Act 1982 to
provide for the exemption of documents
contained in the Register established and
maintained under section 62 of the Sex
Offenders Registration Act 2004 from the
operation of that Act.
2 Commencement
(1) This Part and sections 13, 14, 15, 16 and 20 come
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 June 2015, it
comes into operation on that day.
__________________
2
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No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 3
PART 2--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004
3 Definitions
(1) In section 3 of the Sex Offenders Registration See:
Act No.
Act 2004 insert the following definition-- 56/2004.
Reprint No. 4
"contact--see section 4A;". as at
16 July 2012
(2) In section 3 of the Sex Offenders Registration and
amending
Act 2004, for the definition of detainee Act Nos
substitute-- 82/2012,
32/2013,
"detainee means a person detained in a youth 76/2013,
7/2014,
justice centre or youth residential centre 17/2014,
within the meaning of the Children, Youth 26/2014 and
37/2014.
and Families Act 2005;". LawToday:
www.
(3) In section 3 of the Sex Offenders Registration legislation.
vic.gov.au
Act 2004, in the definition of existing controlled
registrable offender, for paragraph (b)
substitute--
"(b) a person detained in a youth training centre
or youth residential centre within the
meaning of the Children and Young
Persons Act 1989; or".
4 New section 4A inserted
After section 4 of the Sex Offenders Registration
Act 2004 insert--
"4A When does a registrable offender have
contact with a child?
For the purposes of this Act, a registrable
offender has contact with a child if the
offender--
(a) resides with the child; or
(b) stays overnight at a place of residence
where the child resides or is staying
overnight; or
3
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Part 2--Amendment of Sex Offenders Registration Act 2004
s. 5
(c) cares for, or supervises, the child; or
(d) provides the offender's contact details
to the child or receives the child's
contact details from the child; or
(e) engages in any of the following with
the child for the purpose of forming a
personal relationship with the child--
(i) any form of actual physical
contact;
(ii) any form of oral communication
(whether face to face, by
telephone or by use of the
internet);
(iii) any form of written
communication (whether
electronic or otherwise).".
5 Sex offender registration order
(1) In section 11(1) of the Sex Offenders
Registration Act 2004, after "guilty of an
offence" insert "committed as an adult".
(2) After section 11(2A) of the Sex Offenders
Registration Act 2004 insert--
"(2B) An order under subsection (2A), for any
period during which the person is a child,
may--
(a) exempt the person from any particular
reporting obligation; or
(b) modify any particular reporting
obligation.".
(3) In section 11(6) of the Sex Offenders
Registration Act 2004, for "30 days" substitute
"45 days".
4
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Part 2--Amendment of Sex Offenders Registration Act 2004
s. 6
6 Initial report by registrable offender of personal
details
(1) For section 14(1)(e) of the Sex Offenders
Registration Act 2004 substitute--
"(e) the name of each child with whom he or she
has contact;
(ea) in respect of each child with whom he or she
has contact--
(i) the child's age, residential address and
telephone number; or
(ii) if the child's age, residential address or
telephone number is not known to him
or her--the location where the contact
takes place;".
(2) In section 14(2)(a) of the Sex Offenders
Registration Act 2004, for "14 days" substitute
"7 days".
(3) Section 14(2)(b) and (c) of the Sex Offenders
Registration Act 2004 is repealed.
7 Registrable offender must report changes to
relevant personal details
(1) In section 17(1) of the Sex Offenders
Registration Act 2004, for "14 days" substitute
"7 days".
(2) In section 17(1A) of the Sex Offenders
Registration Act 2004, for "14(2)(b) or (2)(c)"
substitute "14(1)(d) or (1)(e)".
(3) In section 17(1B) of the Sex Offenders
Registration Act 2004, for "14 days" (wherever
occurring) substitute "7 days".
(4) In section 17(2) of the Sex Offenders
Registration Act 2004 for "or a child generally
resides, or as to when the registrable offender has
unsupervised contact" substitute "generally
5
Sex Offenders Registration Amendment Act 2014
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s. 8
resides, or as to when the registrable offender has
contact".
(5) In section 17(3) of the Sex Offenders
Registration Act 2004, for "14 days after entering
and remaining in Victoria for 14" substitute
"7 days after entering and remaining in Victoria
for 7".
(6) In section 17(4)(a) of the Sex Offenders
Registration Act 2004, for "28 days" substitute
"7 days".
8 Intended absence from Victoria to be reported
In section 18(1)(a) of the Sex Offenders
Registration Act 2004, for "14 or more"
substitute "2 or more".
9 Change of travel plans while out of Victoria to be
given
In section 19(1)(a) of the Sex Offenders
Registration Act 2004, for "13 days" substitute
"2 days".
10 Registrable offender to report return to Victoria or
decision not to leave
(1) For section 20(2) of the Sex Offenders
Registration Act 2004 substitute--
"(2) If the registrable offender left Victoria and
was elsewhere in Australia, he or she must
report his or her return to Victoria to the
Chief Commissioner of Police within 7 days
after entering and remaining in Victoria for
7 or more consecutive days, not counting any
days spent in government custody.
(2A) If the registrable offender left Victoria and
was out of Australia, he or she must report
his or her return to Victoria to the Chief
Commissioner of Police within 1 day after
entering and remaining in Victoria for 2 or
6
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s. 11
more consecutive days, not counting any
days spent in government custody.".
(2) In section 20(3) of the Sex Offenders
Registration Act 2004, for "14 days" substitute
"7 days".
11 New section 21A inserted
After section 21 of the Sex Offenders
Registration Act 2004 insert--
"21A Additional reporting obligation in relation
to travel out of Australia
(1) This section applies if a registrable offender
is required to report in accordance with--
(a) section 18 that the registrable offender
intends to leave Victoria to travel out of
Australia; or
(b) section 20(2A) that the registrable
offender has returned to Victoria after
the period of travel referred to in
paragraph (a).
(2) The registrable offender must, at the time of
making a report referred to in subsection (1),
produce to the Chief Commissioner of
Police--
(a) the registrable offender's passport; and
(b) documents specified by the regulations
for the purposes of this section to verify
or support the details in the report; and
(c) in the case of a report referred to in
subsection (1)(b)--if the registrable
offender, during the period of travel
referred to in subsection (1)(a), made a
report under section 19, documents
specified by the regulations for the
7
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No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 12
purposes of this section to verify or
support the details in that report.".
12 How reports to be made
After section 23(1)(b) of the Sex Offenders
Registration Act 2004 insert--
"(ba) a report required by section 18(1)(b)
(intended absence from Victoria to travel out
of Australia); and
(bb) a report required by section 20(2A)
(registrable offender to report return to
Victoria after travel out of Australia); and".
13 Section 30 substituted
For section 30 of the Sex Offenders Registration
Act 2004 substitute--
"30 Retention of material for certain purposes
(1) The Chief Commissioner of Police may
retain for law enforcement, crime prevention
or child protection purposes any of the
following taken under this Division from, or
in relation to, a registrable offender whose
reporting period ends on or after the
commencement day--
(a) copies of any documents;
(b) any fingerprints or fingerscans;
(c) any photographs.
(2) In this section, commencement day means
the day on which section 13 of the Sex
Offenders Registration Amendment Act
2014 comes into operation.".
8
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Part 2--Amendment of Sex Offenders Registration Act 2004
s. 14
14 Suspension and extension of reporting obligations
In section 32(1) of the Sex Offenders
Registration Act 2004--
(a) in paragraph (c), for "jurisdiction)."
substitute "jurisdiction); or";
(b) after paragraph (c) insert--
"(d) is the subject of a notice under
section 45A.".
15 Headings
(1) For the heading to Division 6 of Part 3 of the Sex
Offenders Registration Act 2004 substitute--
"Division 6--Suspension from reporting
obligations".
(2) In the heading to section 39 of the Sex Offenders
Registration Act 2004, for "exempt certain
registrable offenders" substitute "suspend
certain registrable offenders' reporting
obligations".
(3) In the heading to section 39A of the Sex
Offenders Registration Act 2004, for
"exemption" substitute "suspension".
(4) In the heading to section 44A of the Sex
Offenders Registration Act 2004, for
"exemption" substitute "suspension".
9
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Part 2--Amendment of Sex Offenders Registration Act 2004
s. 16
16 New section 45A inserted
After section 45 of the Sex Offenders
Registration Act 2004 insert--
"45A Chief Commissioner of Police may
suspend reporting obligations for period
not exceeding 12 months in certain
circumstances
(1) Subject to subsection (2), the Chief
Commissioner of Police, by written notice
served on a registrable offender, may
suspend the registrable offender's reporting
obligations for a period (not exceeding
12 months) specified in the notice.
(2) The Chief Commissioner of Police must not
act under subsection (1) unless satisfied that
the registrable offender does not pose a risk
to the sexual safety of one or more persons
or of the community.
(3) In deciding whether to act under
subsection (1), the Chief Commissioner of
Police must take into account--
(a) the seriousness of the registrable
offender's registrable offences and
corresponding registrable offences; and
(b) the period of time since those offences
were committed; and
(c) the age of the registrable offender, the
age of the victims of those offences and
the difference in age between the
registrable offender and the victims of
those offences, as at the time those
offences were committed; and
(d) the registrable offender's present age;
and
10
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 17
(e) the registrable offender's total criminal
record; and
(f) the extent to which the registrable
offender has complied with their
reporting obligations; and
(g) the registrable offender's physical or
cognitive capacity to comply with their
reporting obligations; and
(h) any other matter that the Chief
Commissioner of Police considers
appropriate.
(4) The Chief Commissioner of Police--
(a) may suspend a registrable offender's
reporting obligations more than once;
and
(b) may cancel a suspension under this
section at any time.
(5) A suspension under this section is taken to
be cancelled if during the period of the
suspension an order is made under section 40
in respect of the registrable offender.".
17 Offence of failing to comply with reporting
obligations
For section 46(1) of the Sex Offenders
Registration Act 2004 substitute--
"(1) A registrable offender who without
reasonable excuse fails to comply with any
of the registrable offender's reporting
obligations (other than reporting obligations
in respect of details to which section 14
applies) is guilty of an offence and liable to
level 6 imprisonment (5 years maximum).
11
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Part 2--Amendment of Sex Offenders Registration Act 2004
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(1A) A registrable offender who without
reasonable excuse fails to comply with any
of the registrable offender's reporting
obligations in respect of details to which
section 14(1)(d), (da), (db), (dc), (dd), (e),
(ea), (f), (g), (j), (k) or (m) applies is guilty
of an offence and liable to level 6
imprisonment (5 years maximum).
(1B) A registrable offender who without
reasonable excuse fails to comply with any
of the registrable offender's reporting
obligations in respect of details to which
section 14(1)(a), (b), (c), (h), (i) or (l) applies
is guilty of an offence and liable to level 7
imprisonment (2 years maximum).".
18 Section 47 substituted
For section 47 of the Sex Offenders Registration
Act 2004 substitute--
"47 Offence of furnishing false or misleading
information
(1) A registrable offender who in purported
compliance with this Part furnishes details
(other than details to which section 14
applies) that the registrable offender knows
to be false or misleading in a material
particular is guilty of an offence and liable to
level 7 imprisonment (2 years maximum) or
a level 7 fine (240 penalty units).
(2) A registrable offender who in purported
compliance with this Part furnishes details to
which section 14(1)(d), (da), (db), (dc), (dd),
(e), (ea), (f), (g), (j), (k) or (m) applies that
the registrable offender knows to be false or
misleading in a material particular is guilty
of an offence and liable to level 6
imprisonment (5 years maximum).
12
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Part 2--Amendment of Sex Offenders Registration Act 2004
s. 19
(3) A registrable offender who in purported
compliance with this Part furnishes details to
which section 14(1)(a), (b), (c), (h), (i) or (l)
applies that the registrable offender knows to
be false or misleading in a material particular
is guilty of an offence and liable to level 7
imprisonment (2 years maximum).".
19 Modification of ongoing reporting obligations
In section 61 of the Sex Offenders Registration
Act 2004, for "21" substitute "21A".
20 Access to register to be restricted
After section 63(1B) of the Sex Offenders
Registration Act 2004 insert--
"(1C) Despite subsection (1)(b), for the purposes of
administering the Firearms Act 1996, the
Chief Commissioner of Police may notify
the Firearms Appeals Committee established
under Part 9 of that Act, and any person
assisting that Committee, of part or all of the
information relating to a registrable offender
that is in the Register.".
21 Person with access to Register not to disclose
personal information from it
In section 64(2)(b) of the Sex Offenders
Registration Act 2004, for "as required"
substitute "as authorised or required".
22 New section 64A inserted
After section 64 of the Sex Offenders
Registration Act 2004 insert--
"64A Disclosure of de-identified information
(1) The Chief Commissioner of Police, if the
Chief Commissioner considers it appropriate
to do so, may provide to any person
information in the Register in respect of one
13
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 23
or more registrable offenders if the
information is de-identified information.
(2) The Chief Commissioner of Police may
impose any restriction or condition that the
Chief Commissioner thinks fit on the use of
de-identified information disclosed under
subsection (1).
(3) A person to whom de-identified information
is disclosed under subsection (1) must
comply with any restriction or condition on
its use that is imposed by the Chief
Commissioner.
Penalty: 10 penalty units in the case of a
natural person;
50 penalty units in the case of a
body corporate.
(4) In this section--
de-identified information means information
about an individual whose identity, or
the identity of any other individual, is
not apparent or cannot reasonably be
ascertained from the information.".
23 Definitions
In section 67(1) of the Sex Offenders
Registration Act 2004, the definition of contact
is repealed.
24 New section 73E inserted
After section 73D of the Sex Offenders
Registration Act 2004 insert--
"73E Transitional provisions--Sex Offenders
Registration Amendment Act 2014
(1) Section 11(6), as amended by section 5(3) of
the Sex Offenders Registration
Amendment Act 2014, applies only to a
14
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No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 24
sentence that is imposed on or after the
commencement of section 5(3) of the Sex
Offenders Registration Amendment Act
2014.
(2) Section 17(1), (1A), (1B), (2) and (3), as
amended by section 7 of the Sex Offenders
Registration Amendment Act 2014, applies
only to a change to personal details that
occurs on or after the commencement of
section 7 of the Sex Offenders Registration
Amendment Act 2014.
(3) Section 17(4), as amended by section 7 of
the Sex Offenders Registration
Amendment Act 2014 applies only to a
registrable offender who ceases to be in
government custody on or after the
commencement of section 7 of the Sex
Offenders Registration Amendment Act
2014.
(4) Section 18(1)(a), as amended by section 8 of
the Sex Offenders Registration
Amendment Act 2014, applies only in
respect of an absence from Victoria that is to
commence on or after the day that is 9 days
after the commencement of section 8 of the
Sex Offenders Registration Amendment
Act 2014 comes into operation.
(5) Section 19(1)(a), as amended by section 9 of
the Sex Offenders Registration
Amendment Act 2014, applies only in
respect of an extension of a stay elsewhere in
Australia that commences on or after the day
that is 9 days after the commencement of
section 9 of the Sex Offenders Registration
Amendment Act 2014 comes into operation.
15
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No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 25
(6) Section 20(2), as substituted by section 10(1)
of the Sex Offenders Registration
Amendment Act 2014, applies only to a
registrable offender who returns to
Victoria on or after the commencement of
section 10(1) of the Sex Offenders
Registration Amendment Act 2014.
(7) Section 20(2A) applies only to a registrable
offender who returns to Victoria on or after
the commencement of section 10(1) of the
Sex Offenders Registration Amendment
Act 2014.
(8) Section 20(3), as amended by section 10(2)
of the Sex Offenders Registration
Amendment Act 2014, applies only to a
registrable offender's decision on or after the
commencement of section 10(2) of the Sex
Offenders Registration Amendment Act
2014 not to leave Victoria.
(9) Section 21A applies only in respect of a
report of a kind referred to in that section
that is made on or after the commencement
of section 11 of the Sex Offenders
Registration Amendment Act 2014.".
25 Regulations
After section 75(1)(a)(iii) of the Sex Offenders
Registration Act 2004 insert--
"(iv) without limiting any other power under this
section, for the purposes of section 21A, the
documents to be produced to verify or
support the details in a report referred to in
that section;".
16
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 26
26 Schedule 1--Class 1 offences
(1) Item 7 of Schedule 1 to the Sex Offenders
Registration Act 2004 is repealed.
(2) After item 8 of Schedule 1 to the Sex Offenders
Registration Act 2004 insert--
"8A. An offence against any of the following
sections of the Criminal Code of the
Commonwealth--
(i) section 272.8(1) and (2) (sexual
intercourse with child outside
Australia);
(ii) section 272.9(1) and (2) (sexual activity
(other than sexual intercourse) with
child outside Australia);
(iii) section 272.10(1) (aggravated
offence--child with mental impairment
or under care, supervision or authority
of defendant);
(iv) section 272.11(1) (persistent sexual
abuse of child outside Australia);
(v) section 272.12(1) and (2) (sexual
intercourse with young person outside
Australia--defendant in position of
trust or authority);
(vi) section 272.13(1) and (2) (sexual
activity (other than sexual intercourse)
with young person outside Australia--
defendant in position of trust or
authority);
(vii) section 272.14(1) (procuring child to
engage in sexual activity outside
Australia);
17
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 27
(viii) section 272.15(1) ("grooming" child to
engage in sexual activity outside
Australia).".
27 Schedule 2--Class 2 offences
(1) Item 27 of Schedule 2 to the Sex Offenders
Registration Act 2004 is repealed.
(2) After item 28AA of Schedule 2 to the Sex
Offenders Registration Act 2004 insert--
"28AB. An offence against any of the following
sections of the Criminal Code of the
Commonwealth--
(i) section 272.18(1) (benefiting from
offence against this Division);
(ii) section 272.19(1) (encouraging offence
against this Division);
(iii) section 272.20(1) and (2) (preparing for
or planning offence against this
Division);
(iv) section 273.5(1) (possessing,
controlling, producing, distributing or
obtaining child pornography material
outside Australia);
(v) section 273.6(1) (possessing,
controlling, producing, distributing or
obtaining child abuse material outside
Australia);
(vi) section 273.7(1) (aggravated offence--
offence involving conduct on 3 or more
occasions and 2 or more people).".
18
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No. of 2014
Part 2--Amendment of Sex Offenders Registration Act 2004
s. 27
(3) In item 28A of Schedule 2 to the Sex Offenders
Registration Act 2004--
(a) in paragraph (vi), for "age)." substitute
"age);";
(b) after paragraph (vi) insert--
"(vii) section 474.27A(1) (using a carriage
service to transmit indecent
communication to person under
16 years of age).".
__________________
19
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 3--Amendment of Other Acts
s. 28
PART 3--AMENDMENT OF OTHER ACTS
Division 1--Children, Youth and Families Act 2005
28 New Part 3.2A inserted
See: After Part 3.2 of the Children, Youth and
Act No.
96/2005. Families Act 2005 insert--
Reprint No. 4
as at 27 March
2013 and "PART 3.2A--DISCLOSURE OF
amending INFORMATION ABOUT CHILD'S CONTACT
Act Nos WITH REGISTRABLE OFFENDER
96/2005,
9/2013,
30/2013,
42A Interpretation
52/2013,
63/2013, (1) In this Part--
67/2013,
74/2013, authorised person means a person who is
17/2014, authorised in writing by the Secretary
19/2014,
26/2014, under subsection (2);
29/2014,
36/2014, contact has the same meaning as in the Sex
37/2014, Offenders Registration Act 2004;
42/2014 and
47/2014.
LawToday: registrable offence has the same meaning as
www. in the Sex Offenders Registration Act
legislation.
vic.gov.au 2004;
registrable offender has the same meaning
as in the Sex Offenders Registration
Act 2004;
sex offender registration order has the same
meaning as in the Sex Offenders
Registration Act 2004.
(2) The Secretary, in writing, may authorise a
person, or a class of person, to act under
section 42D(2).
20
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 3--Amendment of Other Acts
s. 28
42B Secretaries may disclose information
relating to registrable offenders
(1) The Secretary to the Department of Justice
may disclose to the Secretary any
information about a registrable offender that
is obtained or received by the Secretary to
the Department of Justice in the performance
of a function under the Sex Offenders
Registration Act 2004 that indicates that the
registrable offender has, or has had, contact
with a child.
(2) The Secretary may disclose to the Secretary
to the Department of Justice any information
about a registrable offender that is obtained
or received by the Secretary in the
performance of a function under this Act in
relation to a child who has, or has had,
contact with the registrable offender.
42C Chief Commissioner of Police and
Secretary may disclose information
relating to registrable offenders
(1) The Chief Commissioner of Police may
disclose to the Secretary any information
contained in a report the Chief
Commissioner receives under Part 3 of the
Sex Offenders Registration Act 2004 from
a registrable offender if the report indicates
that the registrable offender has, or has had,
contact with a child.
(2) The Secretary may disclose to the Chief
Commissioner of Police any information
about a registrable offender that is obtained
or received by the Secretary in the
performance of a function under this Act in
relation to a child who has, or has had,
contact with the registrable offender.
21
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 3--Amendment of Other Acts
s. 28
42D Disclosure of certain information relating
to registrable offender in certain
circumstances
(1) This section applies if the Secretary receives
information about a registrable offender
under section 42B(1) or 42C(1) that includes
information of a kind referred to in
subsection (2)(a) to (d).
(2) The Secretary or an authorised person may
disclose the following information to any
other person if the Secretary or authorised
person believes on reasonable grounds that
the disclosure of the information to that
person is in the interests of the safety and
wellbeing of the child referred to in the
information--
(a) the registrable offender's name;
(b) details of each offence of which the
registrable offender has been found
guilty that resulted in the making of a
sex offender registration order;
(c) the date on which the registrable
offender was sentenced for any
registrable offence;
(d) the length of the reporting period under
the Sex Offenders Registration Act
2004 that applies to the registrable
offender;
(e) any other information that the Secretary
or authorised person believes on
reasonable grounds is in the interests of
the safety and wellbeing of the child.
(3) Before acting under subsection (2), the
Secretary or authorised person must take
reasonable steps to notify the registrable
offender of the Secretary or authorised
22
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 3--Amendment of Other Acts
s. 28
person's intention to act under that
subsection unless the Secretary or authorised
person believes on reasonable grounds that
doing so would endanger the life or safety of
any person.
(4) An authorised person must not act under
subsection (2) other than in accordance with
the terms of their authorisation.
Penalty: 60 penalty units or 6 months
imprisonment or both.
(5) Subsection (2) applies despite anything to
the contrary in this or the Sex Offenders
Registration Act 2004.
42E Information obtained in certain
circumstances not to be disclosed without
authority
A person who is employed or engaged in the
administration of this Act or the Sex
Offenders Registration Act 2004, or a
police officer, must not disclose information
of a kind referred to in section 42D(2)(a)
to (d) to any other person if the person or
officer--
(a) receives that information in the course
of that employment or engagement or
in the course of performing a duty as a
police officer; and
(b) is not an authorised person; and
(c) is not otherwise authorised to do so.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
__________________".
23
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 3--Amendment of Other Acts
s. 29
Division 2--Freedom of Information Act 1982
29 Law enforcement documents
See: After section 31(3) of the Freedom of
Act No. 9859.
Reprint No. 8 Information Act 1982 insert--
as at 1
December "(4) Despite anything to the contrary in this
2012 and
amending
section, a document is an exempt document
Act Nos if it is a document contained in the Register
82/2012,
70/2013,
established and maintained under section 62
1/2014, of the Sex Offenders Registration Act
17/2014 and
37/2014.
2004.".
LawToday:
www.
legislation.
vic.gov.au
__________________
24
Sex Offenders Registration Amendment Act 2014
No. of 2014
Part 4--Repeal of Amending Act
s. 30
PART 4--REPEAL OF AMENDING ACT
30 Repeal of amending Act
This Act is repealed on 1 June 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
25
Sex Offenders Registration Amendment Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Council:
Legislative Assembly:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Sex Offenders Registration Act 2004, the Children, Youth and
Families Act 2005 and the Freedom of Information Act 1982 and for
other purposes."
By Authority. Government Printer for the State of Victoria.
26
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