SEX OFFENDER REGISTRATION AND OFFENCES

Section 16 of the Sex Offender Registration Act 2004 (Vic) requires registered sex offenders to report various details to Victoria Police. Furthermore, section 34 of the Sex Offender Registration Act 2004 (Vic) provides the length of reporting required for certain types of offences:

1. 8 years if a person only ever been found guilty of a single offence within schedule 2; or 
2. 15 years if a person has only ever been found guilty of only a single offence within schedule 1 (other than the offence of Sexual Penetration of a Child under 16 and Persistent Sexual Abuse of a Child) or has ever been found guilty of 2 offences within schedule 2; or 
3. Life if a person has ever been found guilty of 2 or more offences within schedule 1; or has ever been found guilty of a single offence of Persistent Sexual Abuse of a Child under 16; or has ever been found guilty of an offence within schedule 1 and 1 or more offences within schedule 2; or has ever been found guilty of 3 or more offences within schedule 2. 

If a person is placed on the sex offender register, he or she must, within seven days of their sentence, or within seven days of being released from custody, report the following information to Victoria Police: 

1. Current name, together with any other name by which they are, or have previously been known.  If they have been known by any other name, the period during which they were known by that other name 
2. Date of birth 
3. The address(es) of each of the premises at which they generally reside or, details that identify any place where they sleep on a regular basis 
4. Phone number(s), 
5. Email address(s) 
6. The name of any internet service provider(s) – (ISP) 
7. Any internet usernames, instant messaging usernames, chat room usernames or other username(s) or identity used or intended to use through the internet or other electronic communication service 
8. Names, ages, residential addresses and telephone numbers of any children with whom they have contact  
9. The name(s) of their employer and the nature of their employment 
10. The address of each employment 
11. Details of their association with any club or organisation that has child membership or child participation in its activities 
12. The make, model, colour and registration number of any motor vehicle or caravan, owned by or generally driven by the person 
13. Details of any tattoos or permanent distinguishing marks that the person may have (including details of any tattoo or mark that has been removed) 
14. Whether the person has ever been found guilty outside the State of Victoria of an offence that required them to report in a different jurisdiction 
15. Details of any period spent in custody since they were sentenced or released from government custody in respect of a registrable offence (even in a different jurisdiction) 
16. If the person leaves or intends to leave the State of Victoria to travel elsewhere in Australia on an average of at least once a month, details of the reason for travelling and the frequency and destinations of the travel 
17. The person’s passport details, including passport number and country of issue for each passport they hold  

If a registered sex offender seeks to travel interstate or overseas, they must obtain permission from the Registrar prior to doing so.  However, these requests are generally refused, especially if the request is made to travel to a developing country. 

Importantly, registered sex offenders must contact the register whenever they have come into contact with a child.  Section 4A of the Sex Offender Registration Act 2004 (Vic) defines ‘child contact’ as: 

1. residing with a child; or 
2. staying overnight at a place of residence where a child resides or is staying overnight; or 
3. cares for, or supervises, a child; or 
4. the offender provides their contact details to a child or receives the child’s contact details from the child; or 
5. engages in any of the following with a child for the purpose of forming or maintaining a personal relationship with the child: 
   
   1. any form of actual physical contact; 
   2. any form of oral communication (whether face to face, by telephone or by use of the internet); 
   3. any form of written communication (whether electronic or otherwise) 

Failure to report changes in circumstances or child contact within seven days can result in criminal charges (see below)

There are certain circumstances where an offender can apply to the Chief Commissioner of Victoria Police to suspend their reporting obligations for a period of time.  Mark Martoccia has assisted many clients by making successful applications to suspend their reporting obligations on their behalf. 

Offences 

A person who without reasonable excuse does not comply with their reporting obligations can be charged by Victoria Police pursuant to section 46 of the Sex Offender Registration Act (Vic).  The maximum penalty for this offence is 5 years’ imprisonment. 

A person may also be charged with furnishing false or misleading information under section 47 of the Sex Offender Registration Act 2004 (Vic).  Depending on what is alleged by the Police, penalties can range from a fine to 5 years’ imprisonment. 

Mark Martoccia is an expert in sex cases and has assisted many clients with the sex offender register.  Call MCD Lawyers now to get advice on whether you can suspend your reporting obligations or if you have been charged with a criminal offence.