Sex Offenders Registration Amendment Regulations 2016S.R. No. 154/2016

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 23 Commencement 24 Principal Regulations 25 Objectives amended 26 New regulation 6A inserted 37 New Parts 3 and 4 inserted 48 New Schedule 4 inserted 12

═══════════════

Endnotes 13

1

STATUTORY RULES 2016

S.R. No. 154/2016

Sex Offenders Registration Act 2004

Sex Offenders Registration Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 20 December 2016

Responsible Minister:

LISA NEVILLEMinister for Police

ANDREW ROBINSONClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Sex Offenders Registration Regulations 2014 to prescribe—

(a) the following matters relating to prohibition orders—

(i) certain Acts as corresponding prohibition order Acts;

(ii) the information to be included in applications relating to prohibition orders;

(iii) the information to be included in notices explaining prohibition orders and related orders;

1

(iv) time limits for providing reports requested under section 66R of the Sex Offenders Registration Act 2004;

(v) matters relating to search and seizure of things under Part 4A of the Sex Offenders Registration Act 2004; and

(b) information to be included in the Chief Commissioner's report to the Minister under section 70P of the Sex Offenders Registration Act 2004.

2 Authorising provision

These Regulations are made under section 75 of the Sex Offenders Registration Act 2004.

3 Commencement

These Regulations come into operation on 1 February 2017.

4 Principal Regulations

In these Regulations, the Sex Offender Registration Regulations 20141 are called the Principal Regulations.

5 Objectives amended

After regulation 1(b) of the Principal Regulations insert—

"(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".

2

6 New regulation 6A inserted

After regulation 6 of the Principal Regulations insert—

"6A Corresponding 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 of the Northern Territory;

(d) the Child Protection (Offender Prohibition Order) Act 2008 of Queensland;

(e) the Child Sex Offenders Registration Act 2006 of South Australia;

(f) the Community Protection (Offender Reporting) Act 2004 of Western Australia.".

3

7 New Parts 3 and 4 inserted

After regulation 24 of the Principal Regulations insert—

"Part 3—Prohibition orders

25 Making 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.

26 Explanation 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.

27 Explanation of final prohibition order

4

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.

28 Exclusion conditions where registrable offender is a child

For the purposes of section 66R(4)(a) of the Act, the prescribed time is 7 days.

29 Recording 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).

30 Police officer must provide receipt for seized things

5

(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

6

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).

31 Return 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

7

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.

32 Application 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).

33 Application 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.

34 Court 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.

35 Court 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

8

or revoke the final prohibition order in accordance with section 66ZH of the Act.

36 Corresponding 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.

37 Court 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

38 Chief Commissioner of Police to report to Minister

9

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

10

(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.".

8 New Schedule 4 inserted

After Schedule 3 of the Principal Regulations insert—

"Schedule 4—Retrieval noticeRegulation 31

11

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].".

═══════════════

12

Endnotes

Endnotes

Sex Offenders Registration Amendment Regulations 2016S.R. No. 154/2016

13

1 Reg. 4: S.R. No. 142/2014 as amended by S.R. No. 90/2015.