The Sex Offenders Register and Breaches in Victoria
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The Sex Offenders Register in Victoria plays a crucial role in monitoring individuals convicted of sexual offences, aiming to reduce the risk of reoffending and safeguard the community.
What is the Sex Offenders Register?
The Sex Offenders Register contains personal details of individuals convicted of specific sexual offences, known as ‘registrable offenders,’ who are subject to strict reporting and employment restrictions.
The register is governed by the Sex Offenders Registration Act 2004 (Vic) and the Sex Offenders Registration Regulations 2014.
Registrable offenders must regularly report to Victoria Police, providing detailed information about their residence, movements, and other personal details. The reporting period varies, but it is typically lengthy, and offenders must comply with these obligations for the duration specified by the legislation.
Failing to report or providing false information is a criminal offence.
Purpose of the Register:
The purpose of the Sex Offenders Registration Act 2004 (Vic) is to track offenders’ movements and personal details to:
- Reduce the likelihood of reoffending;
- Assist police investigations;
- Prevent offenders from working in child-related employment.
The Act forms part of a broader national approach, with similar registers in all Australian states and territories. Offenders registered in other jurisdictions who move to or visit Victoria are also subject to the same reporting obligations.
Who is on the Register?
The register covers various classes of offenders, from those convicted of serious sexual crimes against children to those guilty of other sexual offences. Offenders can be registered either automatically or at the discretion of a court.
- Class 1 offences include the most serious crimes, such as child sexual abuse.
- Class 2 offences involve a broader range of offences, including indecent assault and child pornography.
- Class 3 & 4 offences involve sexual crimes committed by serious offenders, often against adults.
For offenders convicted of Class 1 or Class 2 offences, registration is mandatory.
Courts, however, have discretion when imposing registration for Class 3 or 4 offences.
Mandatory and Discretionary Registration Orders:
Offenders convicted of serious sex offences under the Serious Offenders Act 2018 face mandatory registration. The court is required to issue a registration order for offenders convicted of crimes such as rape, sexual assault, and child abuse.
In cases of less severe offences, the court can issue a discretionary registration order, typically based on whether the offender poses a risk to the community. The court must be satisfied beyond reasonable doubt that the offender presents a real risk to the sexual safety of one or more individuals.
Breaching the Register: Consequences:
Breaching reporting obligations on the Sex Offenders Register is a serious offence.
This includes:
- Failing to report personal details to Victoria Police;
- Providing false or misleading information;
- Not reporting movements, such as travel plans or change of residence.
Offenders who breach these conditions can face further criminal charges, potentially leading to imprisonment. The obligations under the register are stringent, and failure to comply often results in severe legal repercussions.
What happens next:
The Sex Offenders Register is a vital tool in protecting the community by closely monitoring individuals convicted of sexual offences. Its strict reporting obligations are designed to ensure that offenders are held accountable, and breaches of these obligations are met with serious consequences.
Here is a breakdown of the offence of failing to comply with sex offender reporting under Section 46(1A) and (1B) of the Sex Offenders Registration Act 2004:
What does it mean to be charged with failing to comply with sex offender reporting?
Under Section 46(1A) and (1B) of the Sex Offenders Registration Act 2004, registered sex offenders are required to provide specified details to authorities, including personal contact information, details about employment, vehicle ownership, social media usage, and contact with children. Failure to comply with these reporting obligations is a criminal offence. The Act specifies a range of details offenders must report, such as addresses, phone numbers, usernames, vehicle details, employment, and interactions with children. These obligations exist to monitor and regulate offenders’ activities to prevent future offences and ensure public safety.
What the Prosecution Must Prove: For a conviction under this section, the prosecution must prove:
To secure a conviction under s 46(1A), the prosecution must prove the following elements beyond a reasonable doubt:
1.You must be a registrable offender under the Sex Offenders Registration Act.
This means you are subject to the reporting obligations because of a prior registrable offence.
2.You had a legal duty to report the specified details outlined in section 14. These details include:
- Address of residence(s);
- Telephone number;
- Email address;
- Internet user names (e.g., social media or chat room usernames);
- Employment details (nature, employer, address);
- Names of children with whom the offender has contact;
- Any new motor vehicles or caravans used by the offender.
3. You failed to comply with the obligation to report any changes or provide these specified details within the timeframe set by law.
4.You had no reasonable excuse for failing to comply with their obligations.
The court will consider factors like age, disability, or whether the offender was adequately informed of their reporting obligations.
Your failure must relate to the specific subsections in section 14, and it must be demonstrated that the failure was intentional or due to a lack of reasonable excuse.
Details Required to be Reported Under Section 14:
- Name:
- The registrable offender’s full name, as well as any alias or other names used by the offender.
- Address:
- The address where the registrable offender lives or intends to live (including temporary or permanent residences).
- Employment Details:
- The offender’s employer’s details, including the nature of employment, the employer’s name, and the address of the workplace.
- Educational Institution:
- If the offender is studying or enrolled at an educational institution, the name and address of that institution.
- Children’s Names:
- The name and age of any child (under 18 years) with whom the offender generally resides or with whom they have regular unsupervised contact.
- Telephone Numbers:
- Any telephone number (landline or mobile) used by the registrable offender.
- Internet Identifiers:
- Any internet identifiers, such as usernames, email addresses, or accounts on social media or other online platforms.
- Vehicle Details:
- Any motor vehicle or vessel that the offender owns or regularly drives or has access to.
- Travel Details:
- Any international travel plans, including intended travel dates, destinations, and purpose of travel, if the offender plans to leave Australia for more than a certain period.
Reporting Timeframes:
Registrable offenders must report this information within a specified period (e.g., within 7 days) after the details change. This includes promptly reporting:
- Any changes in living arrangements, contact with children, employment, or education.
- Any new vehicles or online identities created or used.
Ongoing Reporting Obligations:
Registrable offenders also have ongoing reporting obligations to periodically confirm the accuracy of their details, even if no changes occur. Depending on the classification and risk level of the offender, this could range from annual reporting to more frequent intervals.
Relevance to Section 46 Offences:
- Section 46(1A): Applies to indictable offences where the registrable offender fails to report any of these details (as specified in section 14) without a reasonable excuse.
- Section 46(1B): Applies to summary offences for failing to report these details, with less severe penalties.
Penalties for non-compliance:
If you fail to comply with the reporting obligations under section 46(1A), you could face an indictable offence with a maximum penalty of 5 years imprisonment. Conversely, a violation of section 46(1B) is classified as a summary offence, carrying a maximum penalty of 2 years imprisonment. Understanding these potential consequences is critical to your defence strategy.
Where will my case be heard?
An offence of non-compliance with reporting will generally be heard in the Magistrates Court, however if the non-compliance is severe, it can be escalated to a higher court.
Factors and defences to consider?
Reasonable Excuse: You may have a defence if you can prove you had a reasonable excuse for not reporting. The court will consider several factors, such as:
- Your age;
- Whether a disability affected your ability to comply;
- Whether you were adequately notified of your obligations.
Honest and Reasonable Mistake of Fact: If you can show that you honestly and reasonably believed that you were not in breach of your obligations (for example, due to an unawareness of a change in reporting requirements or lack of clarity in instructions), this may serve as a defence.
Lack of Notification: Under section 46(3), it is a defence if you had not received notice of your reporting obligations and was otherwise unaware of them at the time the offence occurred.
Other factors to consider:
- Reasonable Excuse:
The law acknowledges that there may be valid reasons why someone could not comply with their reporting obligations. For example, you were incapacitated (e.g., due to illness, hospitalisation, or mental health issues), or if circumstances beyond your control (e.g., an emergency) preventing compliance, these factors will be relevant. - Time Since Offence:
If you have otherwise been diligent in complying with your obligations over a long period of time, the court may view a single, isolated failure more leniently, especially if it was rectified as soon as possible. - Nature of the Breach:
Courts will consider the type and severity of the reporting breach. For instance, failing to report a change of address may be seen as more significant than failing to report a minor detail, like an email address. How significant the failure is in terms of public safety may also affect the outcome. - Length of Non-Compliance:
How long you were in breach of your obligations will be relevant. A minor delay (e.g., a few days) may be viewed more leniently compared to a failure lasting weeks or months. - History of Compliance:
Your previous history of compliance with reporting obligations will be considered. A strong record of compliance may help mitigate the impact of a breach, while a history of breaches will aggravate the offence. - Impact on the Community/Safety Concerns:
The court will assess whether the breach posed a risk to public safety or community well-being. More significant risks (e.g., failure to report contact with children) will be treated more seriously.
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What happens next?
If charged with the offence of failing to comply with sex offender reporting, you will face a criminal trial where you could face up to 5 years imprisonment if convicted. Given the gravity of the charge, it is crucial to contact an experienced criminal defence lawyer immediately to explore possible defences and mitigate the impact of the charges. An expert lawyer will represent you and instruct you throughout the court process. They will advise you of what defences are available and whether you should plead guilty or not. Do not delay, call 1800 130 120 for confidential expert advice today.
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