Sex Offenders Registration Regulations 2004

Victorian Legislation Parliamentary Documents i Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Definitions 2 5. Corresponding Act 2 6. Foreign witness protection laws 2 7. New South Wales registrable offenders 3 PART 2—REPORTING OBLIGATIONS 4 Division 1—Preliminary 4 8. Persons required to report under corresponding Act 4 9. Police stations 4 Division 2—Making Reports 4 10. Making a report other than in person 4 11. Alternative additional identification 4 12. Verifying documentation or evidence 6 13. Reporting by remote offenders 6 Division 3—Notification of Reporting Obligations 7 14. Manner of providing notice to registrable offender 7 15. Information to be included in notices 7 16. Notice of reporting obligations 8 17. Acknowledgement of receipt of notice 9 18. Supervising authority 9 19. Notices where reporting period has changed 10 20. Notices from supervising authority 10 __________________ SCHEDULE—Supervising Authorities 11 ═══════════════ -- 1 of 12 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 121/2004 Sex Offenders Registration Act 2004 Sex Offenders Registration Regulations 2004 The Governor in Council makes the following Regulations: Dated: 28 September 2004 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services DIANE CASEY Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to provide for— (a) reporting obligations of registrable offenders under Part 3 of the Sex Offenders Registration Act 2004; (b) the notification of reporting obligations to registrable offenders; (c) various other matters authorised to be prescribed under the Act. 2. Authorising provision These Regulations are made under section 75 of the Sex Offenders Registration Act 2004. -- 2 of 12 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 2 3. Commencement These Regulations come into operation on 1 October 2004. 4. Definitions In these Regulations— "Registrar" means the member of the police force appointed by the Chief Commissioner of Police to be Registrar for the purposes of these Regulations; "supervising authority" means an authority referred to in regulation 18; "the Act" means the Sex Offenders Registration Act 2004. 5. Corresponding Act For the purposes of the Act, the New South Wales Act is a corresponding Act. 6. Foreign witness protection laws For the purposes of sections 6(5) and 56(2) of the Act, the following laws are foreign witness protection laws— (a) the Witness Protection Act 1994 of the Commonwealth; (b) the Witness Protection Act 1995 of New South Wales; (c) the Witness Protection Act 2000 of Queensland; (d) the Witness Protection Act 2000 of Tasmania; (e) the Witness Protection Act 1996 of South Australia; (f) the Witness Protection (Western Australia) Act 1996 of Western Australia; r. 3 -- 3 of 12 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 3 (g) the Witness Protection Act 1996 of the Australian Capital Territory; (h) the Witness Protection (Northern Territory) Act 2002 of the Northern Territory. 7. New South Wales registrable offenders The specified date before which persons were to have been in New South Wales in order to be a New South Wales registrable offender for the purposes of section 10 of the Act, is 1 October 2004. __________________ r. 7 -- 4 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 4 PART 2—REPORTING OBLIGATIONS Division 1—Preliminary 8. Persons required to report under corresponding Act The Registrar is the person to be contacted for the purposes of section 15 of the Act. 9. Police stations (1) The Chief Commissioner of Police may give directions nominating the police stations that are to be used under Part 3 of the Act. (2) The Registrar may give a direction to a registrable offender specifying the police station at which the registrable offender must report. Division 2—Making Reports 10. Making a report other than in person (1) A registrable offender may make a report under section 19 of the Act by telephone to the Chief Commissioner of Police. (2) For the purposes of section 23(2) of the Act, a registrable offender may make any report that he or she is required to make under the Act, other than a report referred to in section 23(1) of the Act, by telephone to the Registrar. 11. Alternative additional identification (1) This regulation applies to a report that is required to be made in person if the person making the report does not have a driver licence. r. 8 -- 5 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 5 (2) For the purposes of section 26(1)(a) of the Act, if the person making the report is the registrable offender, that person must present for inspection original documents that identify him or her, being any one of the documents specified in Column 1 of the Table and any two of the documents specified in Column 2 of the Table. (3) For the purposes of section 26(1)(c) of the Act, if the person making the report is not the registrable offender, that person must present for inspection— (a) original documents required by sub- regulation (2) that identify the registrable offender; and (b) original documents referred to in sub- regulation (2) that identify the person making the report. TABLE Column 1 Column 2 One original document required Two original documents required A current Australian passport An Australian naturalisation or citizenship certificate An original birth certificate or certified birth extract A current signed credit card or account card from a bank, building society or credit union or a passbook or account statement A current Medicare card A gas, water, electricity or telephone account issued within the previous 6 months A current local rates or land valuation notice A pension concession card or other entitlement issued by the Commonwealth Government A lease or rental agreement r. 11 -- 6 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 6 Column 1 Column 2 One original document required Two original documents required A motor vehicle registration notice or certificate A renewal notice for house, contents or motor vehicle insurance A student identity card or a certificate or statement of enrolment from an educational institution 12. Verifying documentation or evidence A person making a report referred to in section 23(1) must present the following documents to verify or support details in the report— (a) in relation to personal details (if any) referred to in section 14(1)(f) of the Act, a copy of two payslips issued to the registrable offender within the previous 2 months; (b) in relation to personal details referred to in section 14(1)(h) of the Act, a copy of a current motor vehicle registration notice or certificate for any vehicle owned by the registrable offender or a document that confirms that a vehicle is generally driven by the registrable offender. 13. Reporting by remote offenders For the purpose of section 31(1) of the Act, the prescribed distance is 100 kilometres. r. 12 -- 7 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 7 Division 3—Notification of Reporting Obligations 14. Manner of providing notice to registrable offender (1) A notice required to be given to a registrable offender under section 50(1) of the Act must be in writing and handed to the person. (2) Despite sub-regulation (1), if the registrable offender is a child or a person who has disabilities or other special need and is unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations, the supervising authority may give the notice to the carer of, or a person nominated in writing by, that registrable offender. 15. Information to be included in notices A notice required to be given to a registrable offender under section 50(1) of the Act must contain the following information— (a) the name of the registrable offender; (b) a statement setting out— (i) the obligations of the registrable offender to make an initial report (including the period within which the initial report must be made); and (ii) the obligations of the registrable offender to make an annual report; and (iii) the obligations of the registrable offender to report changes of personal details; and (iv) the details the registrable offender is required to report under section 14 of the Act and under these Regulations; and r. 14 -- 8 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 8 (v) the obligations of the registrable offender to report under sections 18, 19, 20 and 21 of the Act (including the periods within which the reports must be made); and (vi) the circumstances in which the registrable offender must make a report in person; and (vii) the form of identification to be presented by the person who makes a report; and (viii) the documentation that the registrable offender must present to verify or support details in the report; (c) a toll free telephone number on which the Registrar can be contacted; (d) the consequences which may arise if a registrable offender fails to comply with his or her reporting obligations; (e) the date of the notice; (f) the name, signature and position of the person giving the notice. 16. Notice of reporting obligations (1) A notice required to be given under section 50(1) of the Act is not required to specify the registrable offender's reporting period. (2) The Registrar must give or cause to be given to the registrable offender a notice containing the registrable offender's reporting period at the time the registrable offender reports his or her personal details to the Chief Commissioner of Police. r. 16 -- 9 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 9 17. Acknowledgement of receipt of notice (1) A person who gives a notice under Part 3 of the Act to a registrable offender may request the registrable offender to acknowledge receipt of that notice. (2) The person must, within 3 days after giving the notice— (a) inform the Chief Commissioner of Police in writing— (i) that the registrable offender has been given a notice of his or reporting obligations; and (ii) the date on which the registrable offender was given that notice; and (b) if the registrable offender has acknowledged to the person receipt of the notice, provide the Chief Commissioner of Police with a copy of that acknowledgement. 18. Supervising authority For the purpose of section 50(3) of the Act, the person or body that is required to give notice to a registrable offender is the supervising authority specified in column 2 of the Table in the Schedule for the class of offender specified in column 1 of the Table to which the registrable offender belongs. r. 17 -- 10 of 12 -- Victorian Legislation Parliamentary Documents Part 2—Reporting Obligations Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 10 19. Notices where reporting period has changed A notice required to be given under section 52(2) of the Act to a registrable offender whose reporting period has changed since he or she was last notified of his or her reporting period in Victoria must contain the following information— (a) the name of the registrable offender; (b) the registrable offender's new reporting period; (c) the date of the notice; (d) the name, signature and position of the person giving the notice. 20. Notices from supervising authority For the purpose of section 53 of the Act, a notice required to be given to the Chief Commissioner of Police by the supervising authority, upon the occurrence of an event listed in section 53(1) of the Act, must contain the following information— (a) the name of the registrable offender; (b) the date of the notice; (c) the event that has occurred and the date of that occurrence; (d) the name, signature and position of the person giving the notice. __________________ r. 19 -- 11 of 12 -- Victorian Legislation Parliamentary Documents Sex Offenders Registration Regulations 2004 S.R. No. 121/2004 11 SCHEDULE Regulation 18 SUPERVISING AUTHORITIES TABLE Column 1 Class of offender Column 2 Authority 1. A registrable offender, other than a registrable offender referred to in item 2, 3 or 4 Secretary, Department of Justice 2. A registrable offender who is a forensic patient or a forensic resident within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Secretary, Department of Human Services 3. A registrable offender who is a child and in respect of whom a court has made a sex offender registration order Secretary, Department of Human Services 4. A registrable offender entering Victoria, if he or she has not previously given notice of his or her reporting obligations in Victoria The Chief Commissioner of Police ═══════════════ Sch. -- 12 of 12 --