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The Sex Offenders Register in Victoria (under the Sex Offenders Registration Act 2004 (Vic) (the Act) and the Sex Offenders Registration Regulations 2014), contains information about people sentenced for, and convicted of, certain sexual offences (registerable offences) and who are subject to various reporting obligations and restrictions for a period imposed by the court.
These include:
Reporting to Victoria Police
Providing details such as their whereabouts, movements, email addresses, social media accounts, travel plans and place of employment
Residing at a specific address or exclusion from certain zones (such as schools).
Not applying for child-related employment or positions in organisations involving children
Not contacting children unless authorised by the Court or authorities.
Registered sex offenders must comply with their reporting obligations and cannot withhold information or provide false or misleading information. They will be charged with a breach under the legislation (a criminal offence) if they do not comply and are face a maximum imprisonment sentence of 2 to 5 years, depending on the breach.
The purpose of the Sex Offenders Register is deterrence and protection of the community.
Automatically, if the offence is committed by an adult and is listed in Schedule 1 and Schedule 2 of the Act (‘Class 1’ and ‘Class 2’ offences); OR Upon the court exercising judicial discretion to make a sex offender registration order.
Class 1 offences are the most serious criminal offences and relate to offences by adults against children (child sexual abuse).
Class 2 offences involve a broader range of sex offences committed by adults against children, including indecent assault and child pornography offences.
Class 3 and 4 offences are similar to class 1 and 2 offences but are committed by adults against adults.
In these cases, the court will exercise its discretion to place an offender on the register, depending upon the circumstances of the case and whether the offender is a risk to the sexual safety of one or more persons in the community.
This depends on the class of offence and the number of offences for which a person has been convicted (including any prior convictions).
The reporting period for an adult registrable offender is:
8 years if the offender has been found guilty of one Class 2 offence.
15 years if the offender has been found guilty of one Class 1 offence, other than for persistent sexual abuse of a child, or two Class 2 offences.
Lifetime if the offender has been found guilty of: two or more Class 1 offences; one charge of persistent sexual abuse of a child under 16; or a Class 1 offence and one or more Class 2 offences; or three or more Class 2 offences.
A court can make an order for the ongoing supervision or detention of a serious offender convicted of a serious sex offence in accordance with the Serious Offenders Act 2018. These offences include rape and child pornography offences.
If an offender has previously received a custodial order for a serious sex offence, the court can, for example: Make a supervision order or a detention order or review, vary, add or remove conditions of a supervision order.
Child offenders: Children (under 18) that are found guilty of a registrable offence are not automatically
registrable if convicted of Class 1 or Class 2 offences. However, the court can exercise its discretion and make a sex offender registration order (with or without certain reporting obligations).
Class 1 offences include:
Persistent sexual abuse of a child under the age of 16
Compelling sexual penetration of a child
Sexual activity with a child outside Australia.
Class 2 offences include:
Sexual assault of a child under the age of 16
Assault with the intent to commit a sexual offence against a child
Sexual activity in the presence of a child under the age of 16
Grooming for sexual conduct with a child under the age of 16
Child abuse material offences
Threat to commit a sexual offence against a child
Performance of an act of indecency with child
Classes 3 and 4 offences include:
Compelling sexual penetration
Sexual assault of a person with a cognitive impairment or mental illness
Procuring sexual act by fraud.Assault with the intent to commit a sexual offence against a child
If you have questions about the Register or are charged with a registrable sex offence, reach
out to one of our experienced lawyers at Gallant Law. Each case is unique and complex and
the team at Gallant Law will take the time and care necessary to provide you with the best
possible representation.
Contact Gallant Law on (03) 9070 9885 or welcome@gallantlaw.com.au to speak of one of our lawyers immediately. We service all of Australia.
*Please note this article only relates to a Victorian offence. For information on other states
and territories within Australia, please contact our office.
**Our website does not give legal advice.
This material is produced by Gallant Law lawyers. It is intended to provide general
information only, current at the time of first publication. The contents do not constitute
legal advice and should not be relied upon as such. Formal legal advice should always be
sought before acting or failing to act.
Article by Lauren Cassimatis – Principal lawyer
Meet Lauren Cassimatis
Principal Lawyer, Director & Founder | Accredited Criminal Law Specialist Lauren is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Specialist in Criminal Law.