Justice and Road Legislation Amendment (Law Enforcement) Act 2007

Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 4 3 Schedule 4 amended 4 69 Police Regulation Act 1958 4 70 Sex Offenders Registration Act 2004 4 PART 3—AMENDMENTS TO THE POLICE REGULATION ACT 1958 5 4 Definitions 5 5 Delegation by the Chief Commissioner 9 6 Increase in penalty for section 102G 9 7 Insertion of new Part VIC 9 PART VIC—AGENCY PHOTOGRAPHS 9 118R Chief Commissioner may authorise the giving of agency photographs to media organisations 9 118S Application for giving of agency photograph 11 118T Considerations to be taken into account in authorising the giving of agency photographs 11 118U Offences as to use of agency photographs 13 118V Notification of authorisation under section 118R 14 118W Authorisation for media 14 118X Application for authorisation under section 118W 15 118Y Protection against actions for defamation or breach of confidence 15 118Z Protection in respect of offences 16 118ZA Procedure under section 124A not affected 16 8 Unauthorised disclosure of information and documents 16 i -- 1 of 37 -- Section Page PART 4—AMENDMENTS TO THE ROAD SAFETY ACT 1986 20 9 Insertion of new section 64A 20 64A Driving a motor vehicle when directed to stop by police 20 10 Relevant offences 21 11 Powers of Victoria Police 22 12 Surrender of motor vehicle 22 PART 5—AMENDMENTS TO THE SEX OFFENDERS REGISTRATION ACT 2004 23 13 Who is a registrable offender? 23 14 Initial report by registrable offender of personal details 23 15 Registrable offender must report changes to relevant personal details 24 16 Offence of failing to comply with reporting obligations 24 17 Access to the Register to be restricted 24 18 Substitution of section 64 25 64 Person with access to Register not to disclose personal information from it 25 19 Definition amended 26 20 New Part 5A inserted 26 PART 5A—CHANGE OF NAME 26 70A Application of Part 26 70B Definitions 26 70C Applications for change of name by or on behalf of a registrable offender 27 70D Approval by Chief Commissioner of Police 28 70E Approval to be notified in writing 28 70F Registration of change of name 29 70G Registrar may correct Register 29 70H Lapse of application where offender ceases to be a registrable offender 30 70I Information-sharing between the Secretary and the Victorian Registrar 30 70J Registrable offender who is also subject to an extended supervision order 31 70K Registrable offender who is also a prisoner on parole 31 21 New section 71A inserted 31 71A Disclosure of personal information—supervising authorities 31 ii -- 2 of 37 -- Section Page PART 6—REPEAL OF AMENDING ACT 33 22 Repeal of Act 33 ═══════════════ ENDNOTES 34 iii -- 3 of 37 -- Victoria Justice and Road Legislation Amendment (Law Enforcement) Act 2007† No. 52 of 2007 [Assented to 17 October 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Magistrates' Court Act 1989 to make provision to allow certain indictable offences under the Police Regulation Act 1958 and the Sex Offenders Registration 1 -- 4 of 37 -- Part 1—Preliminary Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 2 Act 2004 to be heard and determined summarily; and (b) to amend the Police Regulation Act 1958 to make provision— (i) as to the giving of certain types of photographs taken by law enforcement agencies to media organisations; and (ii) as to the confidentiality of certain types of information; and (iii) as to other matters; and (c) to amend the Road Safety Act 1986 to make provision— (i) as to a further offence under that Act; and (ii) as to certain matters relating to the impoundment, immobilisation and forfeiture of motor vehicles; and (d) to amend the Sex Offenders Registration Act 2004 to make provision— (i) as to who is a registrable offender; and (ii) as to the reporting obligations of registrable offenders; and (iii) as to the confidentiality of information in the register, and other personal information, relating to registrable offenders; and (iv) as to change of name applications by, or on behalf of, registrable offenders. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 2 -- 5 of 37 -- Part 1—Preliminary Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 2 (2) If a provision of this Act does not come into operation before 1 June 2008, it comes into operation on that day. __________________ 3 -- 6 of 37 -- Part 2—Amendments to the Magistrates' Court Act 1989 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 3 PART 2—AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 3 Schedule 4 amended After clause 68 in Schedule 4 to the Magistrates' Court Act 1989 insert— See: Act No. 51/1989. Reprint No. 12 as at 1 October 2006 and amending Act Nos 77/2004, 62/2005, 2/2006, 48/2006, 50/2006, 51/2006, 76/2006, 79//2006, 13/2007, 24/2007 and 26/2007. LawToday: www. legislation. vic.gov.au "69 Police Regulation Act 1958 Offences under section 127A(1AB) of the Police Regulation Act 1958. 70 Sex Offenders Registration Act 2004 Offences under section 46(1) of the Sex Offenders Registration Act 2004.". __________________ 4 -- 7 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 4 PART 3—AMENDMENTS TO THE POLICE REGULATION ACT 1958 4 Definitions (1) In section 3(1) of the Police Regulation Act 1958 insert the following definitions— See: Act No. 6338. Reprint No. 11 as at 9 November 2006 and amending Act Nos 97/2005, 24/2006, 43/2006 and 48/2006. LawToday: www. legislation. vic.gov.au "agency photograph means a photograph of the face of a person, who has been found guilty of an offence, that was taken by a law enforcement agency at the time of an arrest of the person by the agency on suspicion of an offence, or at the time the person was interviewed by the agency in respect of an offence, or at the time another investigative procedure into the person was carried out by the agency in respect of an offence; authorised media organisation means a media organisation authorised under section 118W; former member of police personnel means a person who has been a member of police personnel but is no longer a member of police personnel; journalism means the practice of collecting, preparing for dissemination or disseminating any of the following material for the purpose of making it available to the public— (a) material having the character of news or current affairs; (b) material consisting of commentary or opinion on or analysis of news or current affairs; 5 -- 8 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 4 law enforcement agency means— (a) the force, or a member of an equivalent body in another State of the Commonwealth or the Northern Territory; or (b) the Director; or (c) the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or (d) the Australian Crime Commission within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth; or (e) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or (f) the Special Investigations Monitor; or (g) the Police Integrity Commission constituted by the Police Integrity Commission Act 1996 of New South Wales; or (h) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales; or (i) the New South Wales Crime Commission constituted by the New South Wales Crime Commission Act 1985 of New South Wales; or 6 -- 9 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 4 (j) the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland; or (k) the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003 of Western Australia; or (l) the Australian Commission for Law Enforcement Integrity established under the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth; media organisation means a person or body that engages in journalism; member of police personnel means a person who is— (a) the Chief Commissioner; or (b) a Deputy Commissioner or Assistant Commissioner; or (c) another member of the force; or (d) an executive or employee employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner; or (e) a police reservist appointed under Part VI; or (f) a protective services officer appointed under Part VIA; or (g) a police recruit appointed under section 8A;". 7 -- 10 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 4 (2) After section 3(3) of the Police Regulation Act 1958 insert— "(4) In this Act a reference to a person who has been found guilty of an offence is a reference to a person— (a) against whom a court has made a formal finding that he or she is guilty of the offence; or (b) against whom a finding has been made under— (i) section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or (ii) section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence— or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria— where— (c) if there has been any appeal against the finding in the period within which the finding may be appealed against, the appeal is concluded and the finding has not been overturned on the appeal; or (d) the finding has not been appealed against in the period within which the finding may be appealed against.". 8 -- 11 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 5 5 Delegation by the Chief Commissioner (1) In section 6A(1) of the Police Regulation Act 1958, after "section 68A" insert "or the power to authorise the giving of a photograph under section 118R or the power to authorise a media organisation under section 118W". (2) After section 6A(1) of the Police Regulation Act 1958 insert— "(1A) The Chief Commissioner may delegate, by instrument, to a member of the force, of or above the rank of inspector, the power to authorise the giving of a photograph under section 118R or the power to authorise a media organisation under section 118W.". (3) In section 6A(2) of the Police Regulation Act 1958, after "A delegation" insert "under subsection (1) or (1A)". 6 Increase in penalty for section 102G For the penalty at the foot of section 102G(1) of the Police Regulation Act 1958 substitute— "Penalty: 240 penalty units or imprisonment for 2 years or both.". 7 Insertion of new Part VIC After Part VIB of the Police Regulation Act 1958 insert— "PART VIC—AGENCY PHOTOGRAPHS 118R Chief Commissioner may authorise the giving of agency photographs to media organisations (1) If an agency photograph of a person who has been found guilty of an offence is in the possession of the force, the Chief Commissioner may, on application by an 9 -- 12 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 authorised media organisation under section 118S, authorise that the photograph be given to the authorised media organisation for use in the course of journalism carried out by that organisation. (2) The Chief Commissioner must not make an authorisation under subsection (1) on an application made more than 6 months after the person photographed was found guilty of the offence referred to in subsection (1). (3) An authorisation under subsection (1)— (a) must be in writing; and (b) is subject to the conditions specified in the authorisation. (4) Subsection (1) has effect despite anything to the contrary in the Information Privacy Act 2000, the Freedom of Information Act 1982 or any other Act (other than the Charter of Human Rights and Responsibilities). (5) Despite anything to the contrary in the Freedom of Information Act 1982, that Act is not to be construed as empowering an application to be made by a media organisation under that Act for access to an agency photograph, if the application is made within 6 months after the person photographed has been found guilty of an offence. Note See section 124A which makes certain provisions as to documents issued for publication by the Chief Commissioner. 10 -- 13 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 118S Application for giving of agency photograph (1) An authorised media organisation may apply to the Chief Commissioner for authorisation, under section 118R, for the giving of an agency photograph that is in the possession of the force. (2) An application under subsection (1) must— (a) be in writing in the form approved by the Chief Commissioner and be accompanied by the prescribed fee; and (b) set out the reasons why the authority should be given, and in doing so, address the matters set out in section 118T. 118T Considerations to be taken into account in authorising the giving of agency photographs Before authorising the giving of an agency photograph under section 118R, the Chief Commissioner must have regard to the following matters, to the extent that the matters can be ascertained at the time the Chief Commissioner makes the decision to give the authorisation— (a) the public interest, including but not limited to the following— (i) the nature and seriousness of the offence referred to in section 118R(1); (ii) the age of the person photographed; (iii) the sentence given to the person photographed; 11 -- 14 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 (iv) any suppression orders involving the person photographed or involving any other person who might be affected by the giving of the photograph to the media organisation; (v) any effect that might result from the giving of the photograph on any other court proceedings; (vi) any deterrent effect that might result from the giving of the photograph; (vii) any other possible legal constraint on the giving of the photograph, including, but not limited to any constraint under the Sex Offenders Registration Act 2004, the Victims' Charter Act 2006, the Children, Youth and Families Act 2005 and the Judicial Proceedings Reports Act 1958; (viii) any information known to the Chief Commissioner, as to the person photographed being suspected, on reasonable grounds, of having committed other offences that are similar to the offence referred to in section 118R(1); (ix) any other relevant matter; and (b) the interests of the victim and of any witness to the offence referred to in section 118R(1), including but not limited to the following— 12 -- 15 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 (i) whether or not any victim of or witness to the offence referred to in section 118R(1) could be identified by the giving of the photograph; (ii) the likely impact on any such victim or witness of the giving of the photograph; and (c) the interests of the person photographed, including but not limited to the following— (i) any special circumstances of the person photographed, including, physical or mental health issues; (ii) any risk to the person photographed or his or her family that might occur as a result of the giving of the photograph. 118U Offences as to use of agency photographs (1) A media organisation must not use an agency photograph that has been authorised to be given to the media organisation under section 118R except— (a) in the course of journalism carried out by that organisation; and (b) in accordance with the authorisation under section 118R under which the photograph is given to the media organisation; and (c) in accordance with— (i) any applicable privacy standard published or determined by the Australian Press Council; or 13 -- 16 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 (ii) any applicable code published or determined by, or registered with or notified to the Australian Communications and Media Authority, established under the Australian Communications and Media Authority Act 2005 of the Commonwealth. Penalty: 40 penalty units. (2) If an authorised media organisation is found guilty of an offence under subsection (1), the Chief Commissioner may revoke the authorisation of that media organisation. 118V Notification of authorisation under section 118R (1) On deciding to authorise the giving of an agency photograph to a media organisation under section 118R, the Chief Commissioner must, without delay, notify the person photographed that the decision to authorise the giving of the photograph has been made. (2) A notice under subsection (1)— (a) must be given by posting the notice, by ordinary mail, to the last known address of the person photographed; and (b) must set out the media organisation to whom the photograph is to be given. 118W Authorisation for media (1) The Chief Commissioner may, on application by a media organisation under section 118X, authorise the media organisation to be given agency photographs. 14 -- 17 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 7 (2) An authorisation under subsection (1) remains in force until revoked by the Chief Commissioner or surrendered by the media organisation to whom it is given. (3) An authorisation under subsection (1)— (a) must be in writing; and (b) is subject to any conditions specified in the authorisation. (4) A media organisation that has been authorised under subsection (1) must comply with the authorisation. Penalty: 20 penalty units. (5) If an authorised media organisation has been found guilty of an offence under subsection (4), the Chief Commissioner may revoke the authorisation of that media organisation. 118X Application for authorisation under section 118W (1) A media organisation may apply to the Chief Commissioner for authorisation under section 118W. (2) An application under subsection (1) must be in the form approved by the Chief Commissioner and accompanied by the prescribed fee. 118Y Protection against actions for defamation or breach of confidence Where authorisation has been given under section 118R to give an agency photograph to an authorised media organisation an action for defamation or breach of confidence does not lie— (a) against the Chief Commissioner, a member of the force, the Crown, a 15 -- 18 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 8 Minister or an officer because of the giving of the authorisation; and (b) against a media organisation who publishes the agency photograph in accordance with this Act and the authorisation. 118Z Protection in respect of offences Where an authorisation has been given under section 118R to give an agency photograph to an authorised media organisation, neither the person authorising the giving of the agency photograph nor any other person concerned in authorising the giving of the agency photograph, is guilty of an offence by reason only of the authorising of the giving of the agency photograph. 118ZA Procedure under section 124A not affected Nothing in this Part affects or limits the operation of section 124A.". 8 Unauthorised disclosure of information and documents (1) For section 127A(1) of the Police Regulation Act 1958 substitute— "(1) A person who is a member of police personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the member's duty not to access, make use of or disclose the information. Penalty: 240 penalty units or imprisonment for 2 years or both. 16 -- 19 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 8 (1AA) In any proceedings for an offence against subsection (1), it is a defence if the person charged with the offence took reasonable steps not to access, make use of or disclose the information. (1AB) A person who is a member of police personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the member's duty not to access, make use of or disclose the information, and if the person knows, or is reckless as to whether, the information may be used (whether by the person or any other person) to— (a) endanger the life or safety of any person; or (b) commit, or assist in the commission of an indictable offence; or (c) impede or interfere with the administration of justice. Penalty: 600 penalty units or imprisonment for 5 years or both. (1AC) An offence against subsection (1AB) is an indictable offence.". (2) In section 127A(1A) of the Police Regulation Act 1958, for "recording, accessing, disclosing, communicating or making use of" substitute "accessing, making use of or disclosing". (3) In section 127A(1B) of the Police Regulation Act 1958, for "record, access, disclose, communicate or make use of" substitute "access, make use of or disclose". 17 -- 20 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 8 (4) In section 127A(1C) of the Police Regulation Act 1958, for "recording or accessing and using of" substitute "accessing, making use of or disclosing of". (5) For section 127A(2) of the Police Regulation Act 1958 substitute— "(2) A person who is a former member of police personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the former member's duty not to access, make use of or disclose the information. Penalty: 240 penalty units or imprisonment for 2 years or both. (3) In any proceedings for an offence against subsection (2), it is a defence if the person charged with the offence took reasonable steps not to access, make use of or disclose the information. (4) A person who is a former member of police personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the former member's duty not to access, make use of or disclose the information, and if the person knows, or is reckless as to whether, the information may be used (whether by the person or any other person) to— (a) endanger the life or safety of any person; or 18 -- 21 of 37 -- Part 3—Amendments to the Police Regulation Act 1958 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 8 (b) commit, or assist in the commission of an indictable offence; or (c) impede or interfere with the administration of justice. Penalty: 600 penalty units or imprisonment for 5 years or both. (5) An offence against subsection (4) is an indictable offence.". __________________ 19 -- 22 of 37 -- Part 4—Amendments to the Road Safety Act 1986 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 9 PART 4—AMENDMENTS TO THE ROAD SAFETY ACT 1986 9 Insertion of new section 64A After section 64 of the Road Safety Act 1986 insert— See: Act No. 127/1986. Reprint No. 10 as at 9 November 2006 and amending Act Nos 19/1991, 97/2005, 48/2006, 81/2006 and 14/2007. LawToday: www. legislation. vic.gov.au "64A Driving a motor vehicle when directed to stop by police (1) A person must not drive a motor vehicle if— (a) he or she knows that he or she has been given a direction to stop; or (b) he or she ought reasonably to know that he or she has been given a direction to stop. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months or both; For a subsequent offence, 120 penalty units or imprisonment for 12 months or both. (2) Subsection (1) does not apply to a person who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop. (3) On a person being found guilty of a first offence under subsection (1), the court must— (a) if the offender holds a driver licence or permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 6 months. 20 -- 23 of 37 -- Part 4—Amendments to the Road Safety Act 1986 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 10 (4) On a person being found guilty of a subsequent offence under subsection (1), the court must— (a) if the offender holds a driver licence or permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 12 months. (5) In this section direction to stop means any action taken by a member of the police force to indicate to a driver of a motor vehicle that he or she must stop the motor vehicle, including but not limited to the following— (a) the giving of hand signals or the display of signs by the member of the police force; (b) the— (i) flashing of headlights of; or (ii) use of red and blue flashing lights on; or (iii) sounding of an alarm, siren or other warning device from— a motor vehicle that is being driven by a member of the police force in the course of his or her duties as a member of the police force.". 10 Relevant offences After paragraph (b) of the definition of relevant offence in section 84C(1) of the Road Safety Act 1986 insert— "(ba) an offence against section 64A(1);". 21 -- 24 of 37 -- Part 4—Amendments to the Road Safety Act 1986 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 11 11 Powers of Victoria Police In section 84F(1) of the Road Safety Act 1986 omit ", that day or within the preceding 10 days,". 12 Surrender of motor vehicle (1) In section 84H(1) of the Road Safety Act 1986, for "was used" substitute "has been used". (2) For section 84H(2)(a) of the Road Safety Act 1986 substitute— "(a) be served— (i) if the relevant offence is a prescribed offence detected by a prescribed detection device for the purposes of section 66 and the detection device is used in the prescribed manner, within 28 days of the commission of the relevant offence; or (ii) in any other case, within 10 days of the commission of the relevant offence; and". (3) In section 84H(3)(a) of the Road Safety Act 1986, for "offence within the preceding 10 days; and" substitute "offence— (i) if the relevant offence was detected by a prescribed detection device, within the preceding 28 days; or (ii) in any other case, within the preceding 10 days; and". __________________ 22 -- 25 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 13 PART 5—AMENDMENTS TO THE SEX OFFENDERS REGISTRATION ACT 2004 13 Who is a registrable offender? In section 6(3) of the Sex Offenders Registration Act 2004— See: Act No. 56/2004. Reprint No. 2 as at 1 December 2006 and amending Act Nos 24/2006, 48/2006 and 28/2007. LawToday: www. legislation. vic.gov.au (a) in paragraph (b), for "offence; or" substitute "offence."; (b) paragraph (c) is repealed; (c) the Note at the foot of paragraph (c) is repealed. 14 Initial report by registrable offender of personal details (1) After section 14(1)(d) of the Sex Offenders Registration Act 2004 insert— "(da) his or her telephone number (if any); (db) his or her email address (if any); (dc) if the registrable offender has an Internet service provider, the name and business address of that Internet service provider;". (2) In sections 14(2)(b) and (2)(c) of the Sex Offenders Registration Act 2004, for "14 days" substitute "3 days". 23 -- 26 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 15 15 Registrable offender must report changes to relevant personal details (1) In section 17(1) of the Sex Offenders Registration Act 2004, after "personal details" insert "(other than the personal details to which section 14(2)(b) or (2)(c) applies)". (2) After section 17(1) of the Sex Offenders Registration Act 2004 insert— "(1A) A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(2)(b) or (2)(c) applies within 3 days after that change occurs.". (3) In section 17(2) of the Sex Offenders Registration Act 2004— (a) after "(1)" insert "or (1A)"; (b) omit "14 day". 16 Offence of failing to comply with reporting obligations For the penalty at the foot of section 46(1) of the Sex Offenders Registration Act 2004 substitute— "Penalty: Level 6 imprisonment (5 years maximum).". 17 Access to the Register to be restricted For section 63(1)(b) of the Sex Offenders Registration Act 2004 substitute— "(b) that personal information in the Register is only disclosed in accordance with this Act.". 24 -- 27 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 18 18 Substitution of section 64 For section 64 of the Sex Offenders Registration Act 2004 substitute— "64 Person with access to Register not to disclose personal information from it (1) A person authorised to have access to the Register or any part of the Register must not disclose any personal information in the Register to any person. Penalty: 240 penalty units or imprisonment for 2 years. (2) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to a government department, public statutory authority or court— (a) for the purpose of law enforcement or judicial functions or activities; or (b) as required by or under any Act or law; or (c) if the Chief Commissioner or a person authorised to have access to the Register believes on reasonable grounds that to do so is necessary to enable the proper administration of this Act.". 25 -- 28 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 19 19 Definition amended In the definition of employment in section 67(1) of the Sex Offenders Registration Act 2004, after paragraph (a)(i) insert— "(ia) for gain or reward other than under a contract of employment or contract for services; or". 20 New Part 5A inserted After section 70 of the Sex Offenders Registration Act 2004 insert— "PART 5A—CHANGE OF NAME 70A Application of Part This Part applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996. 70B Definitions In this Part— change of name application means an application by or on behalf of a registrable offender for registration of a change of the offender's name for which approval is required under section 70C; Interstate Registrar means an authority responsible under a law of another State or Territory for the registration of births, deaths and marriages; Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. 26 -- 29 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 20 70C Applications for change of name by or on behalf of a registrable offender (1) A registrable offender must not— (a) apply to the Victorian Registrar to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1996; or (b) apply to an Interstate Registrar to register a change of his or her name under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1996— without having first obtained the written approval of the Chief Commissioner of Police. Penalty: 5 penalty units. (2) A person must not, on behalf of a registrable offender— (a) apply to the Victorian Registrar to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1996; or (b) apply to an Interstate Registrar to register a change of his or her name under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1996— without having first obtained the written approval of the Chief Commissioner of Police. Penalty: 5 penalty units. 27 -- 30 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 20 70D Approval by Chief Commissioner of Police (1) Subject to subsection (2), the Chief Commissioner of Police may only approve a change of name application if the Chief Commissioner is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Chief Commissioner of Police must not approve a change of name application if the Chief Commissioner is satisfied that the change of name would, if registered, be reasonably likely— (a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or (b) to frustrate the administration of this Act in respect of the registrable offender. 70E Approval to be notified in writing If the Chief Commissioner of Police approves a change of name application, the Chief Commissioner must— (a) as soon as practicable, give written notice of the approval to the person who made the application; and (b) if the registrable offender consents, give a copy of the written notice of approval to the Victorian Registrar or the Interstate Registrar (as the case so requires). 28 -- 31 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 20 70F Registration of change of name (1) The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if— (a) the Victorian Registrar knows that— (i) the application for the change of name is made by or on behalf of a registrable offender; and (ii) the change of name relates to the name of the registrable offender; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Chief Commissioner of Police under section 70E. (2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the application to the Chief Commissioner of Police. 70G Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if— (a) the name of a registrable offender on the Register has been changed; and (b) the Chief Commissioner of Police has not approved that change under this Part. 29 -- 32 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 20 70H Lapse of application where offender ceases to be a registrable offender A change of name application under this Part by or on behalf of an offender lapses if— (a) the registrable offender ceases to be a registrable offender; and (b) the Victorian Registrar has not registered the change of name before the registrable offender ceases to be a registrable offender. 70I Information-sharing between the Secretary and the Victorian Registrar (1) Despite any law to the contrary— (a) the Secretary or the Chief Commissioner of Police may notify the Victorian Registrar of the name (including any other name by which a registrable offender is or has previously been known), date of birth and residential address or addresses of the registrable offender; and (b) if the Secretary or the Chief Commissioner of Police has given notification under paragraph (a) in respect of a registrable offender, the Secretary or the Chief Commissioner must notify the Victorian Registrar as soon as practicable after the registrable offender ceases to be a registrable offender. (2) Nothing in this section affects the operation of the Charter of Human Rights and Responsibilities. 30 -- 33 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 21 70J Registrable offender who is also subject to an extended supervision order Despite this Part, an application by or on behalf of a registrable offender who is also an offender within the meaning of Part 4A of the Serious Sex Offenders Monitoring Act 2005 for registration of a change of the offender's name must be made under and in accordance with that Part of that Act. 70K Registrable offender who is also a prisoner on parole Despite this Part, an application by or on behalf of a registrable offender who is also a prisoner on parole within the meaning of Division 6 of Part 8 of the Corrections Act 1986 for registration of a change of the offender's name must be made under and in accordance with that Division of that Part of that Act.". 21 New section 71A inserted After section 71 of the Sex Offenders Registration Act 2004 insert— "71A Disclosure of personal information— supervising authorities Despite anything to the contrary in this Act, the Information Privacy Act 2000 or any other Act (other than the Charter of Human Rights and Responsibilities), a supervising authority (the first mentioned supervising authority) may disclose to another supervising authority (the second mentioned supervising authority) any personal information it holds and that was provided to it in accordance with the provisions of this Act in respect of a registrable offender if the first mentioned supervising authority 31 -- 34 of 37 -- Part 5—Amendments to the Sex Offenders Registration Act 2004 Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 21 believes on reasonable grounds that to do so is necessary for the proper administration of this Act.". __________________ 32 -- 35 of 37 -- Part 6—Repeal of Amending Act Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 s. 22 PART 6—REPEAL OF AMENDING ACT 22 Repeal of Act This Act is repealed on 1 June 2009. ═══════════════ 33 -- 36 of 37 -- Justice and Road Legislation Amendment (Law Enforcement) Act 2007 No. 52 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 July 2007 Legislative Council: 23 August 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Magistrates' Court Act 1989, the Police Regulation Act 1958, the Road Safety Act 1986 and the Sex Offenders Registration Act 2004 and for other purposes." 34 -- 37 of 37 --