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Sex offenders registry – reporting obligations
When does registration occur?
What happens if someone does not comply with their reporting obligations?
If a registrable offender, without reasonable excuse, breaches their reporting obligations, the offence of failure to comply with reporting obligations arises. This offence is found in section 46 of the Sex Offenders Registration Act 2004(Vic).
When considering whether a person has a reasonable excuse for failing to comply with their reporting obligations, the court hearing the matter must consider:
- the person’s age;
- whether the person has a disability;
- whether the notification a person was given of their reporting obligations was adequate, given the person’s circumstances; and
- any other matter the court considers appropriate.
A defence is available if it is established that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.
The penalty for a failure to comply with reporting obligations can be up to five years’ imprisonment.
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How long do reporting obligations last?
An adult offender normally must comply with their reporting obligations for a period of eight years, 15 years or for life. However, in the case of a registrable offender who must report for life, they may, after reporting for 15 years, apply to have their reporting obligations suspended. Such an application is made to the Supreme Court, which will only grant a suspension order if it is satisfied that:
- the registrable offender poses no risk or a low risk to the sexual safety of one or more persons or of the community; and
- suspending the registrable offender’s reporting requirements is in the public interest.
