Sex Offenders Registration (Amendment) Regulations 2005

i Sex Offenders Registration (Amendment) Regulations 2005 S.R. No. 94/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. Regulation 5 substituted and new regulation 5A inserted 2 5. Corresponding Act 2 5A. Corresponding sex offender registration order 3 6. Regulation 16(2) revoked 3 7. Supervising authority 3 8. Schedule 4 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2005 S.R. No. 94/2005 Sex Offenders Registration Act 2004 Sex Offenders Registration (Amendment) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 27 July 2005 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 corresponding Acts 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 (1) These Regulations (other than regulation 6) come into operation on 1 August 2005. (2) Regulation 6 comes into operation on 1 October 2005. -- 2 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 2 4. Principal Regulations In these Regulations, the Sex Offenders Registration Regulations 2004 1 are called the Principal Regulations. 5. Regulation 5 substituted and new regulation 5A inserted For regulation 5 of the Principal Regulations substitute— '5. Corresponding Act For the purpose of the definition of "corresponding Act" in section 3 of the Act, the following are corresponding Acts for the purposes of the Act— (a) the New South Wales Act; (b) the Child Protection (Offender Reporting) Act 2004 of Queensland; (c) the Community Protection (Offender Reporting) Act 2004 of Western Australia; (d) the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory; (e) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory. r. 4 -- 3 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 3 5A. Corresponding sex offender registration order For the purpose of the definition of "corresponding sex offender registration order" in section 3 of the Act, the following are corresponding sex offender registration orders for the purposes of the Act— (a) a child protection registration order under the New South Wales Act; (b) an offender reporting order under the Child Protection (Offender Reporting) Act 2004 of Queensland; (c) an offender reporting order under the Community Protection (Offender Reporting) Act 2004 of Western Australia; (d) an offender reporting order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory; (e) a child sex offender registration order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory.'. 6. Regulation 16(2) revoked Regulation 16(2) of the Principal Regulations is revoked. 7. Supervising authority In regulation 18(2) of the Principal Regulations, for "to a registrable offender" substitute "to the Chief Commissioner of Police". r. 6 -- 4 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 4 8. Schedule For the Schedule to the Principal Regulations 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 r. 8 -- 5 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 5 Column 1 Class of offender Column 2 Supervising Authority 5. A registrable offender who is released from government custody and who is— Secretary to the Department of Human Services (a) a forensic patient in respect of whom a supervision order committing the person to custody in an appropriate place has been made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (b) a forensic resident in respect of whom a supervision order committing the person to custody in an appropriate place has been made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (c) a security patient in respect of whom a hospital security order has been made under section 93(1)(e) of the Sentencing Act 1991 and who is a patient of an approved mental health service within the meaning of the Mental Health Act 1986; or r. 8 -- 6 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 6 Column 1 Class of offender Column 2 Supervising Authority (d) a security patient in respect of whom a restricted hospital transfer order has been made under section 16(3)(b) of the Mental Health Act 1986 and who is a patient of an approved mental health service within the meaning of that Act; or (e) an involuntary patient in respect of whom a hospital order has been made under section 93(1)(d) of the Sentencing Act 1991; or (f) an involuntary patient in respect of whom a hospital transfer order has been 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 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 not a person referred to in items 1 to 7 Secretary to the Department of Justice r. 8 -- 7 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 7 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 in respect of whom a supervision order committing the person to custody in an appropriate place has been made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (b) a forensic resident in respect of whom a supervision order committing the person to custody in an appropriate place has been made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or r. 8 -- 8 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 8 Column 1 Class of offender Column 2 Supervising Authority (c) a security patient in respect of whom a hospital security order has been made under section 93(1)(e) of the Sentencing Act 1991 and who is a patient of an approved mental health service within the meaning of the Mental Health Act 1986; or (d) a security patient in respect of whom a restricted hospital transfer order has been made under section 16(3)(b) of the Mental Health Act 1986 and who is a patient of an approved mental health service within the meaning of that Act; or (e) an involuntary patient in respect of whom a hospital order has been made under section 93(1)(d) of the Sentencing Act 1991; or (f) an involuntary patient in respect of whom a hospital transfer order has been 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 r. 8 -- 9 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 9 Column 1 Class of offender Column 2 Supervising Authority 2. A registrable offender who ceases to be in government custody and who is not a person referred to in item 1 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 4. A registrable offender who is 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 is 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 in respect of whom a restricted community treatment order is made under section 15A of the Mental Health Act 1986 Secretary to the Department of Human Services r. 8 -- 10 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 10 Column 1 Class of offender Column 2 Supervising Authority 7. A registrable offender who ceases to participate in a diversion program under section 128A of the Magistrates' Court Act 1989 Magistrates' Court 8. 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 9) Secretary to the Department of Justice 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— 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 10. A registrable offender who ceases to be an existing licensee Secretary to the Department of Justice 11. A registrable offender who is not a person referred to in items 1 to 10 Secretary to the Department of Justice '. ═══════════════ r. 8 -- 11 of 12 -- S.R. No. 94/2005 Sex Offenders Registration (Amendment) Regulations 2005 11 ENDNOTES 1 Reg. 4: S.R. No. 121/2004 as amended by S.R. No. 135/2004. Endnotes -- 12 of 12 --