Sex Offenders Registration (Amendment) Regulations 2006

i Sex Offenders Registration (Amendment) Regulations 2006 S.R. No. 127/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Corresponding Act 2 5. Corresponding sex offender registration orders 2 6. Supervising authority 2 7. Schedule substituted 7 ═══════════════ ENDNOTES 15 -- 1 of 16 -- 1 STATUTORY RULES 2006 S.R. No. 127/2006 Sex Offenders Registration Act 2004 Sex Offenders Registration (Amendment) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 26 September 2006 Responsible Minister: TIM HOLDING Minister for Police and Emergency Services RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Sex Offenders Registration Regulations 2004 to prescribe a corresponding Act and corresponding sex offender registration orders and to make further provision for supervising authorities. 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 October 2006. -- 2 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 2 4. Corresponding Act (1) In regulation 5(e) of the Sex Offenders Registration Regulations 2004 1 , for "Territory." substitute "Territory;". (2) After regulation 5(e) of the Sex Offenders Registration Regulations 2004 insert— "(f) the Community Protection (Offender Reporting) Act 2005 of Tasmania.". 5. Corresponding sex offender registration orders (1) In regulation 5A(e) of the Sex Offenders Registration Regulations 2004, for "Territory." substitute "Territory;". (2) After regulation 5A(e) of the Sex Offenders Registration Regulations 2004 insert— "(f) an order under section 6, 7 or 9 of the Community Protection (Offender Reporting) Act 2005 of Tasmania.". 6. Supervising authority After regulation 18(2) of the Sex Offenders Registration Regulations 2004 insert— "(3) Nothing in this regulation requires the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in item 5(a) or (b) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on special leave, on-ground leave, limited off-ground leave or is absent from an approved mental health service, or a residential service, without leave of absence or other lawful authority. r. 4 -- 3 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 3 (4) Nothing in this regulation requires the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in item 5(c) or (d) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on leave of absence or special leave of absence or is absent without leave. (5) Nothing in this regulation requires the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in item 5(e) or (f) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on leave of absence or is absent with permission or is absent from an approved mental health service without leave or permission or other lawful authority. (6) Nothing in this regulation requires the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in item 5(g) in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in that item if that registrable offender is on temporary leave of absence or has escaped from his or her place of detention or is absent from his or her place of detention without lawful authority. r. 6 -- 4 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 4 (7) Nothing in this regulation requires the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in item 8 in column 1 of that Table to give notice to a registrable offender who belongs to a class of offender referred to in that item if that registrable offender— (a) is authorised to be absent from a prison, or other place of custody, under the Corrections Act 1986; or (b) has escaped from his or her place of custody; or (c) has escaped from the physical custody of— (i) an officer within the meaning of Part 5 of the Corrections Act 1986 or an escort officer under that Act; or (ii) a member of the police force; or (iii) a person acting on lawful authority on behalf of the Secretary or the Chief Commissioner; or (d) is authorised to be absent from a prison under the Corrections Act 1986 and who— (i) does not return to prison when the instrument of authority expires or when otherwise required by the instrument to do so; or r. 6 -- 5 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 5 (ii) is required by the instrument authorising the absence to be under the supervision of another person and wilfully ceases to be under that supervision; or (iii) does not return to prison upon being informed by an officer of the Office of Corrections or a member of the police force that the instrument authorising the absence has been revoked; or (e) has wilfully ceased to be in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police. (8) Nothing in this regulation requires the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in item 1(a) or (b) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on special leave, on-ground leave or limited off-ground leave. (9) Nothing in this regulation requires the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in item 1(c) or (d) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on leave of absence or special leave of absence. r. 6 -- 6 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 6 (10) Nothing in this regulation requires the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in item 1(e) or (f) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in either of those items if that registrable offender is on leave of absence or is absent with permission. (11) Nothing in this regulation requires the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in item 1(g) in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in that item if that registrable offender is on temporary leave of absence. (12) Nothing in this regulation requires the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in item 12 in column 1 of that Table to give notice to the Chief Commissioner of Police in respect of a registrable offender who belongs to a class of offender referred to in that item if that registrable offender is authorised to be absent from a prison, or other place of custody, under the Corrections Act 1986.". r. 6 -- 7 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 7 7. Schedule substituted For the Schedule to the Sex Offenders Registration Regulations 2004 substitute— "SCHEDULE Regulation 18(1) SUPERVISING AUTHORITIES TO PROVIDE NOTICE TO A REGISTRABLE OFFENDER UNDER SECTION 50(3) OF THE ACT TABLE A Column 1 Class of offender Column 2 Supervising Authority 1. A registrable offender who is sentenced for a registrable offence by the Magistrates' Court Magistrates' Court 2. A registrable offender who is sentenced for a registrable offence by the County Court County Court 3. A registrable offender who is sentenced for a registrable offence by the Supreme Court Supreme Court 4. A registrable offender who is sentenced for a registrable offence by the Children's Court Children's Court 5. A registrable offender who is released from government custody and who is— Secretary to the Department of Human Services r. 7 -- 8 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 8 Column 1 Class of offender Column 2 Supervising Authority (a) a forensic patient under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or (b) a forensic resident under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or (c) a security patient under a hospital security order within the meaning of the Sentencing Act 1991; or (d) a security patient under a restricted hospital transfer order made under section 16(3)(b) of the Mental Health Act 1986; or (e) an involuntary patient under an order made under section 93 of the Sentencing Act 1991 who is not also under an order made under section 15A of the Mental Health Act 1986; or r. 7 -- 9 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 9 Column 1 Class of offender Column 2 Supervising Authority (f) an involuntary patient under a hospital transfer order made under section 16(3)(a) of the Mental Health Act 1986 and who is a patient of an approved mental health service within the meaning of that Act; or (g) a detainee 6. A registrable offender who is released from government custody and who is not a person referred to in item 5 or 8 Secretary to the Department of Justice 7. A registrable offender who enters Victoria, if he or she has not previously been given notice of his or her reporting obligations in Victoria The Chief Commissioner of Police 8. A registrable offender who is released from government custody and who is an inmate In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Secretary, Secretary to the Department of Justice In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Chief Commissioner of Police, the Chief Commissioner of Police r. 7 -- 10 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 10 Column 1 Class of offender Column 2 Supervising Authority 9. A registrable offender who is not a person referred to in items 1 to 8 Secretary to the Department of Justice Regulation 18(2) SUPERVISING AUTHORITIES TO PROVIDE NOTICE TO THE CHIEF COMMISSIONER OF POLICE UNDER SECTION 53 OF THE ACT TABLE B Column 1 Class of offender Column 2 Supervising Authority 1. A registrable offender who ceases to be in government custody and who is— Secretary to the Department of Human Services (a) a forensic patient under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or (b) a forensic resident under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act; or r. 7 -- 11 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 11 Column 1 Class of offender Column 2 Supervising Authority (c) a security patient under a hospital security order within the meaning of the Sentencing Act 1991; or (d) a security patient under a restricted hospital transfer order made under section 16(3)(b) of the Mental Health Act 1986; or (e) an involuntary patient under an order made under section 93 of the Sentencing Act 1991 who is not also under an order made under section 15A of the Mental Health Act 1986; or (f) an involuntary patient under a hospital transfer order made under section 16(3)(a) of the Mental Health Act 1986 and who is a patient of an approved mental health service within the meaning of that Act; or (g) a detainee 2. A registrable offender who ceases to be in government custody and who is not a person referred to in item 1 or 12 Secretary to the Department of Justice 3. A registrable offender who is an adult who ceases to be subject to a supervised sentence Secretary to the Department of Justice r. 7 -- 12 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 12 Column 1 Class of offender Column 2 Supervising Authority 4. A registrable offender who ceases to be subject to a supervised sentence and who is a child in respect of whom an order has been made under section 137(1) of the Children and Young Persons Act 1989 committing the person to strict supervision by a person referred to in paragraph (a) of the definition of "strict supervision" Secretary to the Department of Justice 5. A registrable offender who ceases to be subject to a supervised sentence and who is a child in respect of whom an order has been made under section 137(1) of the Children and Young Persons Act 1989 committing the person to strict supervision by a person referred to in paragraph (b) of the definition of "strict supervision" Secretary to the Department of Human Services 6. A registrable offender who ceases to be subject to a restricted community treatment order made under section 15A of the Mental Health Act 1986 Secretary to the Department of Human Services 7. A registrable offender who ceases to be subject to a non- custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Secretary to the Department of Human Services r. 7 -- 13 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 13 Column 1 Class of offender Column 2 Supervising Authority 8. A registrable offender who ceases to participate in a diversion program under section 128A of the Magistrates' Court Act 1989 Magistrates' Court 9. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision and who is an adult (other than a person referred to in item 10) Secretary to the Department of Justice 10. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision and who is— Secretary to the Department of Human Services (a) a child; or (b) an adult who is subject to the jurisdiction of the Youth Parole Board 11. A registrable offender who ceases to be an existing licensee Secretary to the Department of Justice 12. A registrable offender who ceases to be in government custody and who is an inmate In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Secretary, Secretary to the Department of Justice r. 7 -- 14 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 14 Column 1 Class of offender Column 2 Supervising Authority In the case of an inmate who, under Part 1A of the Corrections Act 1986, is deemed to be in the legal custody of the Chief Commissioner of Police, the Chief Commissioner of Police 13. A registrable offender who is not a person referred to in items 1 to 12 Secretary to the Department of Justice ". ═══════════════ r. 7 -- 15 of 16 -- S.R. No. 127/2006 Sex Offenders Registration (Amendment) Regulations 2006 15 ENDNOTES 1 Reg. 4: S.R. No. 121/2004. Reprint No. 1 as at 9 March 2006. Reprinted to S.R. No. 94/2005. Endnotes -- 16 of 16 --