Div 6AApproval of making of acknowledgement of sex applications—prisoners on parole

Division 6A—Approval of making of acknowledgement of sex applications—prisoners on parole

S. 79HA inserted by No. 25/2019 s. 30.

79HA Definition

prisoner on parole means a prisoner released on parole that is not subsequently cancelled or deemed to have been cancelled.

S. 79HB inserted by No. 25/2019 s. 30.

79HB Offence to make acknowledgement of sex application without approval

(1) A prisoner on parole must not make an acknowledgement of sex application to a Registrar without having first obtained the written approval of the Board.

(2) A person must not make an acknowledgement of sex application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained.

S. 79HC inserted by No. 25/2019 s. 30.

79HC Application by prisoner on parole or other person for approval of Board

A prisoner on parole or other person who intends to make an acknowledgement of sex application may apply to the Board for approval of the making of the acknowledgement of sex application by the prisoner on parole or the person.

S. 79HD inserted by No. 25/2019 s. 30.

79HD Approval by Board of the making of acknowledgement of sex application

(1) Subject to subsection (2), on an application under section 79HC, the Board may approve the making of an acknowledgement of sex application if the Board is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex is, in all the circumstances, necessary or reasonable.

(2) The Board must not approve the making of an acknowledgement of sex application if the Board is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex would be reasonably likely—

(a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or

(b) to be used to evade or hinder supervision of the prisoner on parole during the parole period.

S. 79HE inserted by No. 25/2019 s. 30.

79HE Copy of approval or refusal of Board

(1) If the Board approves the making of an acknowledgement of sex application, the Board as soon as practicable must give a copy of the approval to—

(b) the Victorian Registrar; and

(c) the Secretary.

(2) If the Board refuses to approve the making of an acknowledgement of sex application, the Board must give a copy of that refusal to—