Sex Offenders Registration Regulations 2024 (Victoria)

Mechanically, the Sex Offenders Registration Regulations 2024 (the Regulations) set out detailed procedural rules, prescribed forms and documentary requirements for the operation of the Sex Offenders Registration Act 2004 (the Act). The Regulations were made under s 75 of the Act (reg 2) and commenced on 22 September 2024 (reg 3). They revoke the prior 2014 Regulations and their amending instruments listed in Schedule 1 (reg 4; Schedule 1). The Regulations do not alter the Act’s core statutory scheme; they specify how the Act’s reporting, notice, seizure and prohibition order processes are to be administered in practice.

The Regulations state their objectives in reg 1: to provide for reporting obligations of registrable offenders under Part 3 of the Act, notification of those obligations, the content of applications and notices for prohibition orders and the seizure/return of things under the Act, and other matters authorised by the Act (reg 1(a)-(d)). Those objectives are the Regulations’ official rationale; they are regulatory, not substantive, amendments to the Act. The instrument (reg 2) is limited to what the delegated power in s 75 allows.

Key procedural changes and prescriptions include:

Identification of the Registrar of Sex Offenders as the prescribed person for certain contacts (reg 12) and formal appointment powers for the Chief Commissioner of Police (reg 11).
Specification of which documents may be used to verify a registrable offender’s identity for initial and subsequent reports (reg 17), and special rules for verifying employment (payslips, reg 18).
Detailed lists of documents that registrable offenders must supply to verify intended travel and returns to Victoria (regs 15-16).
Authorisation for reports to be made by audio link or audio visual link, and by electronic communication in many circumstances (reg 14), with notes cross-referencing the Act’s provisions that reports must be made to the Chief Commissioner (s 19(2)) and limitations on who may receive remote reports (s 23(3), reg 14(2) note).

Version No. 001

Sex Offenders Registration Regulations 2024

S.R. No. 94/2024

Version as at
22 September 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 2

4 Revocation 2

5 Definitions 2

6 Corresponding Act 3

7 Corresponding prohibition order Act 4

8 Corresponding sex offender registration order 4

9 Foreign witness protection laws 5

10 New South Wales registrable offenders 6

11 Appointment of Registrar of Sex Offenders 6

Part 2—Reporting obligations 7

Division 1—Preliminary 7

12 Persons required to report under corresponding Act 7

13 Police stations 7

Division 2—Making reports 7

14 Making a report other than in person 7

15 Documents to verify or support details in a report—intended travel out of Australia 8

16 Documents to verify or support details in a report—return to Victoria after travel out of Australia 9

17 Other forms of identification 11

18 Verifying documentation or evidence in support of a report—employment details 15

19 Verifying or supporting documents—reports during pandemic, state of emergency or state of disaster 15

20 Reporting by remote offenders 17

Division 3—Notification of reporting obligations 17

21 Chief Commissioner may approve form of notice 17

22 Notice to be given to registrable offender 18

23 Acknowledgement of receipt of notice 20

24 Person or body required to give notice of reporting obligations to registrable offender 21

25 Supervising authority 23

26 Notice to be given when reporting period changes 25

27 Supervising authority to notify Chief Commissioner of Police of certain events 26

Part 3—Prohibition orders 27

28 Making application for a prohibition order 27

29 Explanation of interim prohibition order 27

30 Explanation of final prohibition order 27

31 Exclusion conditions where registrable offender is a child 28

32 Recording and register of seized things 28

33 Police officer must provide receipt for seized things 28

34 Return of seized property—retrieval notices 30

35 Application to vary or revoke a prohibition order 31

36 Application to extend a final prohibition order 31

37 Court may vary a prohibition order—written notice to registrable offender 31

38 Court may extend a final prohibition order—written notice to registrable offender 31

39 Corresponding registrable offender to be notified of registration order—written notice to registrable offender 32

40 Court may vary a registration order—written notice to registrable offender 32

Part 4—Miscellaneous 33

41 Chief Commissioner of Police to report to Minister 33

Schedule 1—Revocation 36

Schedule 2—Retrieval notice 37

═════════════

Endnotes 38

1 General information 38

2 Table of Amendments 40

3 Explanatory details 41

Version No. 001

Sex Offenders Registration Regulations 2024

S.R. No. 94/2024

Version as at
22 September 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to provide for—

(a) reporting obligations of registrable offenders under Part 3 of the Sex Offenders Registration Act 2004; and

(b) the notification of reporting obligations to registrable offenders; and

(i) information to be included in applications for, and notices explaining, prohibition orders; and

(ii) matters in relation to the seizure of things under the Sex Offenders Registration Act 2004; and

(d) certain other matters authorised to be prescribed under the Sex Offenders Registration Act 2004.

2 Authorising provision

These Regulations are made under section 75 of the Sex Offenders Registration Act 2004.

3 Commencement

These Regulations come into operation on 22 September 2024.

4 Revocation

The Regulations set out in Schedule 1 are revoked.

5 Definitions

In these Regulations—

court secure treatment order means a Court Secure Treatment Order within the meaning of the Sentencing Act 1991;

custodial supervision order means an order referred to in section 26(2)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

forensic patient has the same meaning as in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

forensic resident has the same meaning as in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

non-custodial supervision order means an order referred to in section 26(2)(b) or 38ZH(5)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

parent has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;

parental responsibility has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;

Registrar of Sex Offenders means the police officer appointed as the Registrar of Sex Offenders under regulation 11;

residential treatment facility has the same meaning as in section 3(1) of the Disability Act 2006;

residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

secure treatment order has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

secure welfare service has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;

security patient has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

the Act means the Sex Offenders Registration Act 2004.

6 Corresponding Act

For the purposes of the definition of corresponding Act in section 3(1) of the Act, the following are corresponding Acts—

(a) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

(b) the New South Wales Act;

(d) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;

(e) the Child Sex Offenders Registration Act 2006 of South Australia;

(f) the Community Protection (Offender Reporting) Act 2005 of Tasmania;

(g) the Community Protection (Offender Reporting) Act 2004 of Western Australia.

7 Corresponding prohibition order Act

For the purposes of the definition of corresponding prohibition order Act in section 3(1) of the Act, the following are corresponding prohibition order Acts—

(a) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

(b) the Child Protection (Offenders Prohibition Orders) Act 2004 of New South Wales;

(d) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;

(e) the Child Sex Offenders Registration Act 2006 of South Australia;

(f) the Community Protection (Offender Reporting) Act 2005 of Tasmania;

(g) the Community Protection (Offender Reporting) Act 2004 of Western Australia.

8 Corresponding sex offender registration order

For the purposes of the definition of corresponding sex offender registration order in section 3(1) of the Act, the following are corresponding sex offender registration orders—

(a) a child sex offender registration order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

(b) a child protection registration order under the New South Wales Act;

(c) an offender reporting order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;

(d) an offender reporting order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 of Queensland;

(e) a child sex offender registration order under the Child Sex Offenders Registration Act 2006 of South Australia;

(f) an offender reporting order under the Community Protection (Offender Reporting) Act 2005 of Tasmania;

(g) an offender reporting order under the Community Protection (Offender Reporting) Act 2004 of Western Australia.

9 Foreign witness protection laws

For the purposes of sections 6(5) and 56(2) of the Act, the following laws are foreign witness protection laws—

(a) the Witness Protection Act 1994 of the Commonwealth;

(b) the Witness Protection Act 1996 of the Australian Capital Territory;

(d) the Witness Protection (Northern Territory) Act 2002 of the Northern Territory;

(e) the Witness Protection Act 2000 of Queensland;

(f) the Witness Protection Act 1996 of South Australia;

(g) the Witness Protection Act 2000 of Tasmania;

(h) the Witness Protection (Western Australia) Act 1996 of Western Australia.

10 New South Wales registrable offenders

For the purposes of section 10 of the Act, the specified date is 1 October 2004.

11 Appointment of Registrar of Sex Offenders

The Chief Commissioner of Police may appoint a police officer as the Registrar of Sex Offenders for the purposes of these Regulations.

Part 2—Reporting obligations

Division 1—Preliminary

12 Persons required to report under corresponding Act

For the purposes of section 15 of the Act, the prescribed person to be contacted is the Registrar of Sex Offenders.

13 Police stations

(1) For the purposes of section 22(1) of the Act, the Chief Commissioner of Police may give directions as to—

(a) which police stations may be used as a venue to make a report under Part 3 of the Act; and

(b) the police stations or class of police stations that must not be used as a venue to make a report under Part 3 of the Act except with the consent of the Chief Commissioner of Police.

(2) For the purposes of section 22(1) of the Act, the Registrar of Sex Offenders may direct a registrable offender to make a report that is to be made under Part 3 of the Act at a specified police station that, in accordance with the directions under subregulation (1), may be used as a venue to make the report.

Division 2—Making reports

14 Making a report other than in person

(1) For the purposes of section 19(3)(b) of the Act, a registrable offender may make a report under section 19 of the Act by audio link or audio visual link.

Note

Section 19(2) of the Act requires the registrable offender to make a report under that section to the Chief Commissioner of Police. Section 19(3) of the Act provides that the report must be made by writing sent by post or transmitted electronically, or in any other manner permitted by the regulations.

(2) For the purposes of section 23(2) of the Act, a registrable offender may make any report that the registrable offender is required to make under the Act, other than a report referred to in section 23(1) of the Act, by audio link, audio visual link or electronic communication.

Notes

1 Section 23(3) of the Act provides that only a police officer or other person approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with section 23(2) of the Act.

2 See the definitions of audio link, audio visual link and electronic communication in section 38 of the Interpretation of Legislation Act 1984.

15 Documents to verify or support details in a report—intended travel out of Australia

For the purposes of section 21A(2)(b) of the Act, the specified documents to verify or support details in a report referred to in section 21A(1)(a) of the Act are—

(a) each travel itinerary issued to the registrable offender by a person or body that has organised transport or accommodation in relation to the intended travel; and

(b) for each country that the registrable offender intends to enter during the travel—

(i) each booking confirmation or receipt issued to the registrable offender for transport to enter that country; and

(ii) each visa or other authority to enter the country that is issued to the registrable offender; and

(iii) each booking confirmation or receipt issued to the registrable offender for accommodation in that country; and

(c) if the registrable offender intends to return to Victoria, each booking confirmation or receipt issued to the registrable offender for transport to enter Victoria.

16 Documents to verify or support details in a report—return to Victoria after travel out of Australia

(1) For the purposes of section 21A(2)(b) of the Act, the specified documents to verify or support details in a report referred to in section 21A(1)(b) of the Act are—

(a) for each country that the registrable offender entered during the travel—

(i) each boarding pass issued to the registrable offender for transport to enter that country; and

(ii) each visa or other authority to enter the country that was issued to the registrable offender; and

(iii) each receipt issued to the registrable offender for accommodation provided to the registrable offender in that country; and

(b) each boarding pass issued to the registrable offender for transport to enter Victoria.

(2) For the purposes of section 21A(2)(c) of the Act, the specified documents to verify or support details in a report made under section 19 of the Act during the period of travel referred to in section 21A(1)(a) of the Act are—

(a) each travel itinerary issued to the registrable offender in respect of the change of travel plans by a person or body that organised transport or accommodation for the travel; and

(b) for each country that the registrable offender entered during the travel—

(i) each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for transport used to enter that country; and

(ii) each visa or other authority to enter the country that was issued to the registrable offender in respect of the change of travel plans; and

(iii) each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for accommodation provided to the registrable offender in that country; and

(c) each cancellation notice issued to the registrable offender for any transport or accommodation cancelled during the travel; and

(d) each booking confirmation or receipt issued to the registrable offender in respect of the change of travel plans for transport to enter Victoria.

(3) In this regulation—

change of travel plans means a change arising from a decision referred to in section 19(1) of the Act.

17 Other forms of identification

(1) For the purposes of section 26(1)(a) of the Act, the other specified documents to identify the registrable offender are—

(a) for an initial report of personal details under section 14 of the Act, all of the following—

(i) a document specified in subregulation (3) that relates to the registrable offender; and

(ii) 2 documents specified in subregulation (4) that relate to the registrable offender; and

(b) for any other report, either of the following—

(i) a document specified in subregulation (3) that relates to the registrable offender; or

(ii) 2 documents specified in subregulation (4) that relate to the registrable offender.

(2) For the purposes of section 26(1)(c) of the Act, the other forms of specified identification to identify the person making the report who is not the registrable offender are either of the following—

(a) a document specified in subregulation (3) that relates to the person making the report; or

(b) 2 documents specified in subregulation (4) that relate to the person making the report.

(3) For the purposes of subregulations (1)(a)(i) and (b)(i) and (2)(a), the following documents are specified—

(a) an Australian passport within the meaning of the Australian Passports Act 2005 of the Commonwealth that is current or that has expired within the previous 3 years;

(b) a current foreign passport;

(c) if the person is not an Australian citizen, a document issued by the Department administered by the Minister administering the Migration Act 1958 of the Commonwealth to assist the person to prove the person's identity;

(d) a travel-related document within the meaning of the Australian Passports Act 2005 of the Commonwealth that is current;

(e) a certificate signed by an officer within the meaning of the Migration Act 1958 of the Commonwealth stating that, at a specified time, or during a specified period, the person was the holder of a visa that was in effect;

(f) an Australian citizenship or naturalisation certificate;

(g) an original birth certificate issued by a Registrar;

(h) a proof of age card within the meaning of section 3(1) of the Liquor Control Reform Act 1998;

(i) for a person who is not the registrable offender—

(i) a licence issued under the Firearms Act 1996; or

(ii) evidence of a current clearance within the meaning of section 3(1) of the Worker Screening Act 2020.

(4) For the purposes of subregulations (1)(a)(ii) and (b)(ii) and (2)(b), the following documents are specified—

(a) a certified birth extract issued by a Registrar;

(b) a current signed credit card, debit card, account card, passbook or account statement from an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

(c) a DVS document within the meaning of the Identity Verification Services Act 2023 of the Commonwealth other than a document specified in subregulation (3);

(d) a current medicare card within the meaning of section 84(1) of the National Health Act 1953 of the Commonwealth;

(e) a current health care card, pensioner concession card or seniors health card within the meaning of the Social Security Act 1991 of the Commonwealth;

(f) a rates or land valuation notice issued within the previous 12 months by a Council within the meaning of section 3(1) of the Local Government Act 2020;

(g) a notice of assessment of land tax issued within the previous 12 months by the Commissioner of State Revenue under the Taxation Administration Act 1997;

(h) any of the following agreements or notices under the Residential Tenancies Act 1997—

(i) a current residential rental agreement for rented premises at which the person resides;

(ii) a current SDA residency agreement for an SDA dwelling at which the person resides;

(iii) a notice referred to in section 92C of that Act of a current residency right in a rooming house at which the person resides;

(iv) a current written agreement referred to in section 144 of that Act for a caravan park at which the person resides;

(v) a current site agreement for a Part 4A site at which the person resides;

(i) a gas, water, electricity or telephone account statement issued within the previous 6 months;

(j) a certificate of registration for a motor vehicle or a notice of renewal of that registration;

(k) a current consumer insurance contract within the meaning of the Insurance Contracts Act 1984 of the Commonwealth for home buildings insurance, home contents insurance or motor vehicle insurance, or a notice of renewal of that insurance cover;

(l) a student identity card or a certificate or statement of enrolment from an educational institution.

(5) If there is a material difference between the name of a person who is required to present a form of identification under section 26(1) of the Act and the name that appears on that identification, the person must also present one of the following documents to verify that difference—

(a) a change of name certificate issued to the person by a Registrar;

(b) a marriage certificate issued to the person by a Registrar.

(6) For the purposes of section 26(2)(b) and (3) of the Act, a police officer, in considering whether they are satisfied as to a person's identity under either provision, may have regard to an electronic identity credential that is—

(a) at a level of assurance approved by the Chief Commissioner of Police for the purposes of this subregulation; and

(b) issued to the person making the report.

(7) In this regulation—

electronic identity credential has the same meaning as in the Service Victoria Act 2018;

level of assurance has the same meaning as in the Service Victoria Act 2018.

18 Verifying documentation or evidence in support of a report—employment details

A registrable offender who is required to report the personal details referred to in section 14(1)(f) of the Act when making a report under Division 1 of Part 3 or section 16 of the Act must produce in support of the report a copy of any 2 payslips issued to the registrable offender within 2 months before the date of making the report.

19 Verifying or supporting documents—reports during pandemic, state of emergency or state of disaster

(1) This regulation applies to a report that is made in accordance with a direction or permission given under section 23A(1) of the Act.

(2) To verify the identity of the registrable offender, the person making the report must produce the registrable offender's driver licence (if any) or—

(a) for an initial report of personal details under section 14 of the Act, all of the following—

(i) a document specified in regulation 17(3) that relates to the registrable offender; and

(ii) 2 documents specified in regulation 17(4) that relate to the registrable offender; or

(b) for any other report, either of the following—

(i) a document specified in regulation 17(3) that relates to the registrable offender; or

(ii) 2 documents specified in regulation 17(4) that relate to the registrable offender.

(3) Additionally, if the person making the report is not the registrable offender, that person must produce the following documents to verify their identity—

(a) the person's driver licence (if any); or

(b) a document specified in regulation 17(3) that relates to the person making the report; or

(4) For any document that is required under the Act or these Regulations to be produced with the report, the person making the report must—

(a) if the report is made by audio link, give the details of the document that are required by the police officer receiving the report for the officer to verify the document to the officer's satisfaction; or

(b) if the report is made by audio visual link, give the details of the document that are required by the police officer receiving the report, and display that document, for the officer to verify the document to the officer's satisfaction; or

(i) give the details of the document that are required by the police officer receiving the report for the officer to verify the document to the officer's satisfaction; or

(ii) include a copy of the document in the electronic communication.

20 Reporting by remote offenders

For the purposes of section 31(1) of the Act, the prescribed distance is 100 kilometres.

Division 3—Notification of reporting obligations

21 Chief Commissioner may approve form of notice

(1) The Chief Commissioner of Police may approve the form of—

(a) a notice to be given to a registrable offender under section 50(1) of the Act; or

(b) a notice to be given by a supervising authority to the Chief Commissioner of Police of certain events under section 53(2) of the Act.

(2) An approval under subregulation (1) may specify the circumstances in relation to which it applies.

(3) The Chief Commissioner of Police must publish any approved form in the Government Gazette.

22 Notice to be given to registrable offender

(1) Subject to subregulation (2), the manner in which a notice under section 50(1) of the Act is to be given to a registrable offender who is a child is by giving it to—

(a) the registrable offender; or

(b) a person with parental responsibility for the registrable offender.

(2) If the registrable offender may be unable to understand their reporting obligations or the consequences of failing to comply with those obligations, the manner in which the notice is to be given to the registrable offender is by giving it to—

(a) a person with parental responsibility for the registrable offender; or

(b) a carer of the registrable offender; or

(3) Subject to subregulation (4), the manner in which a notice under section 50(1) of the Act is to be given to a registrable offender who has a disability or any other special need is by giving it to—

(a) the registrable offender; or

(b) a carer of the registrable offender; or

(4) If the registrable offender may be unable to understand their reporting obligations or the consequences of failing to comply with those obligations, the manner in which the notice is to be given to the registrable offender is by giving it to—

(a) a carer of the registrable offender; or

(b) another person nominated in writing by the registrable offender.

(5) For the purposes of section 50(1A) of the Act, the following details are prescribed—

(a) the name of the registrable offender;

(b) a statement setting out the following information—

(i) the registrable offender's obligation to make an initial report, including the period within which the initial report must be made;

(ii) the registrable offender's obligation to make an annual report;

(iii) the registrable offender's obligation to report any change to the registrable offender's personal details;

(iv) the details the registrable offender must report under section 14 of the Act and under these Regulations;

(v) the registrable offender's obligations to report under sections 18, 19, 20, 21 and 21A of the Act, including the periods within which the reports must be made;

(vi) the circumstances in which the registrable offender must make a report in person;

(vii) the circumstances in which the registrable offender may make a report by audio link, audio visual link or electronic communication;

Note

See section 23A of the Act.

(viii) the form of identification to be presented by the person who makes a report;

(ix) the documents to be produced to verify or support details in a report;

(d) the consequences that may arise if a registrable offender fails to comply with their reporting obligations;

(e) the date of the notice;

(f) the name, signature and position of the person giving the notice.

(6) A notice under section 50(1) of the Act is not required to specify the registrable offender's reporting period.

23 Acknowledgement of receipt of notice

(1) A person or body that gives a notice under Part 3 of the Act to a registrable offender may ask the registrable offender to acknowledge receipt of the notice in writing.

(2) Within 3 days after giving a notice under section 50(1) of the Act to a registrable offender, the person or body that gives the notice must—

(a) inform the Chief Commissioner of Police in writing—

(i) that the registrable offender has been given a notice of their reporting obligations; and

(ii) of the date on which the registrable offender was given the notice; and

(b) if the registrable offender has acknowledged receipt of the notice in writing, provide the Chief Commissioner of Police with a copy of the acknowledgement.

24 Person or body required to give notice of reporting obligations to registrable offender

For the purposes of section 50(3) of the Act, the specified person or body that is to give a notice under section 50 of the Act to a class of registrable offender listed in Column 1 of the following Table is the person or body specified in Column 2 opposite that class of registrable offender.

Table

Column 1<br>Class of registrable offender	Column 2<br>Person or body
1. A registrable offender who is sentenced for a registrable offence by the Magistrates' Court	The Magistrates' Court
2. A registrable offender who is sentenced for a registrable offence by the County Court	The County Court
3. A registrable offender who is sentenced for a registrable offence by the Supreme Court	The Supreme Court
4. A registrable offender who is sentenced for a registrable offence by the Children's Court	The Children's Court

5. A registrable offender who—<br>(a) is released from government custody; and<br>(b) immediately before that release, was in custody as an inmate deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A of the Corrections Act 1986	The Chief Commissioner of Police
6. A registrable offender who is released from government custody and, immediately before that release, was in custody as—<br>(a) an inmate deemed to be in the legal custody of the Secretary under Part 1A of the Corrections Act 1986; or<br>(b) a detainee	The Secretary
7. A registrable offender who is released from government custody and, immediately before that release, was in custody as—<br>(a) a forensic patient under a custodial supervision order; or<br>(b) a security patient subject to a court secure treatment order; or<br>(c) a security patient subject to a secure treatment order	The Secretary to the Department of Health
8. A registrable offender who is released from government custody and, immediately before that release, was in custody as—<br>(a) a forensic resident under a custodial supervision order; or<br>(b) a person detained in a residential treatment facility in accordance with a residential treatment order; or<br>(c) a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005	The Secretary to the Department of Families, Fairness and Housing
9. A registrable offender who enters Victoria and who has not previously been given a notice of their reporting obligations in Victoria	The Chief Commissioner of Police
10. A registrable offender who is not a person referred to in items 1 to 9	The Secretary

25 Supervising authority

For the purposes of paragraph (b) of the definition of supervising authority in section 3(1) of the Act, the supervising authority for a class of registrable offender specified in Column 1 of the following Table is the entity specified in Column 2 opposite that class of offender.

Table

Column 1<br>Class of registrable offender	Column 2<br>Supervising authority
1. A registrable offender who—<br>(a) ceases to be in government custody; and<br>(b) immediately before ceasing to be in that custody, was in custody as an inmate deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A of the Corrections Act 1986	The Chief Commissioner of Police
2. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as—<br>(a) an inmate deemed to be in the legal custody of the Secretary under Part 1A of the Corrections Act 1986; or<br>(b) a detainee	The Secretary
3. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as—<br>(a) a forensic patient under a custodial supervision order; or<br>(b) a security patient subject to a court secure treatment order; or<br>(c) a security patient subject to a secure treatment order	The Secretary to the Department of Health
4. A registrable offender who ceases to be in government custody and, immediately before ceasing to be in that custody, was in custody as—<br>(a) a forensic resident under a custodial supervision order; or<br>(b) a person detained in a residential treatment facility in accordance with a residential treatment order; or<br>(c) a child placed in a secure welfare service in accordance with section 173(2)(b) of the Children, Youth and Families Act 2005	The Secretary to the Department of Families, Fairness and Housing
5. A registrable offender who ceases to be subject to a supervised sentence other than a non-custodial supervision order and, immediately before ceasing to be subject to the supervised sentence, was—<br>(a) an adult; or<br>(b) a child subject to a supervised sentence that required the child to submit to supervision by the Secretary or a person employed within the Department of Justice and Community Safety	The Secretary
6. A registrable offender who—<br>(a) ceases to be subject to a supervised sentence that is a non-custodial supervision order; and<br>(b) immediately before ceasing to be subject to that order, was supervised by the Secretary to the Department of Families, Fairness and Housing under that order	The Secretary to the Department of Families, Fairness and Housing
7. A registrable offender who—<br>(a) ceases to be subject to a supervised sentence that is a non-custodial supervision order; and<br>(b) immediately before ceasing to be subject to that order, was supervised by the Secretary to the Department of Health under that order	The Secretary to the Department of Health
8. A registrable offender who ceases to participate in a diversion program under section 59 of the Criminal Procedure Act 2009	The Magistrates' Court
9. A registrable offender who ceases to be subject to a condition of parole requiring the registrable offender to be subject to supervision	The Secretary
10. A registrable offender who ceases to be an existing licensee	The Secretary
11. A registrable offender who is not a person referred to in items 1 to 10	The Secretary

26 Notice to be given when reporting period changes

The written notice that the Chief Commissioner of Police must give or cause to be given to the registrable offender under section 52(2) of the Act must include the following information—

(a) the name of the registrable offender;

(b) the changed reporting period;

(d) the name, signature and position of the person giving the notice.

27 Supervising authority to notify Chief Commissioner of Police of certain events

The written notice that the supervising authority must give the Chief Commissioner of Police under section 53(2) of the Act must include the following information—

(a) the name of the registrable offender;

(b) the relevant event listed in section 53(1) of the Act;

(d) the date of the notice;

(e) the name, signature and position of the person giving the notice.

Part 3—Prohibition orders

28 Making application for a prohibition order

For the purposes of section 66D(3)(d) of the Act, the prescribed information is—

(a) each registrable offence for which the registrable offender has been sentenced; and

(b) whether a prohibition order has previously been made in relation to the registrable offender; and

(d) any conditions sought by the Chief Commissioner of Police; and

(e) whether the Chief Commissioner of Police is seeking an interim prohibition order.

29 Explanation of interim prohibition order

For the purposes of section 66F(1)(f) of the Act, the prescribed information is a statement that the registrable offender may apply to the court in accordance with section 66ZH of the Act to vary or revoke the interim prohibition order.

30 Explanation of final prohibition order

For the purposes of section 66O(1)(f) of the Act, the prescribed information is a statement that the registrable offender may apply to the court in accordance with section 66ZH of the Act to vary or revoke the final prohibition order.

31 Exclusion conditions where registrable offender is a child

For the purposes of section 66R(4)(a) of the Act, the prescribed time is 7 days after the Secretary receives a request under section 66R(3) of the Act.

32 Recording and register of seized things

For the purposes of section 66Z(3) of the Act, the prescribed details for each thing seized are—

(a) the date on which the thing was seized, and the time and place at which the thing was seized; and

(b) the name of the police officer who seized the thing; and

(d) the name and address of the registrable offender from whom the thing was seized; and

(e) whether the registrable offender is the owner of the thing, and if not, the name and address of the owner of the thing (if known); and

(f) a photograph taken of the thing (if any).

33 Police officer must provide receipt for seized things

(1) For the purposes of section 66ZA(2)(a) of the Act, the prescribed information is—

(a) the date on which the thing was seized, and the time and place at which the thing was seized; and

(b) the name of—

(i) the police officer who seized the thing; or

(ii) a police officer who was present when the thing was seized and who recorded the details of the seized thing; and

(d) the name of the registrable offender from whom the thing was seized; and

(e) whether the registrable offender is the owner of the thing, and if not, the name and address of the owner of the thing (if known); and

(f) an explanation of the effect of sections 66ZB and 66ZC of the Act; and

(g) that a person may apply under section 66ZD of the Act to the Magistrates' Court for the return of the seized thing.

(2) For the purposes of section 66ZA(2)(b) of the Act, a receipt must be signed by the persons who are required signatories under subregulation (3) or (4).

(3) If the registrable offender from whom the thing was seized agrees to sign the receipt, the required signatories are—

(a) the registrable offender; and

(b) either—

(i) the police officer who seized the thing; or

(ii) a police officer who was present when the thing was seized and who recorded the details of the seized thing.

(4) If the registrable offender from whom the thing was seized does not agree to sign the receipt, the required signatories are—

(a) if the police officer who seized the thing did so while no other adult (besides the registrable offender) was present, that police officer; or

(b) otherwise—

(i) a police officer referred to in subregulation (3)(b)(i) or (ii); and

(ii) another adult (besides the registrable offender) who was present when the thing was seized.

34 Return of seized property—retrieval notices

For the purposes of section 66ZC(2) of the Act—

(a) a notification under section 66ZC(1) of the Act may be given by—

(i) personally serving the notice on the registrable offender or the person who the Chief Commissioner of Police believes to be the owner of the seized thing (as the case requires); or

(ii) posting the notice by ordinary or registered post to the last known address of the registrable offender or the person who the Chief Commissioner of Police believes to be the owner of the seized thing (as the case requires); and

Note

The Electronic Transactions (Victoria) Act 2000 allows a notification under section 66ZC(1) of the Act to be given electronically in accordance with that Act.

(b) the prescribed information is the information in the form in Schedule 2.

35 Application to vary or revoke a prohibition order

For the purposes of section 66ZH(3)(d) of the Act, the prescribed information is—

(a) for an application to vary a prohibition order, the variations sought by the applicant; and

(b) for an application to vary or revoke a prohibition order—

(i) the date of the prohibition order; and

(ii) the venue of the court at which the prohibition order was made; and

(iii) if the application is made by the registrable offender with the consent of the Chief Commissioner of Police, a copy of that written consent.

36 Application to extend a final prohibition order

For the purposes of section 66ZI(2)(d) of the Act, the prescribed information is the duration of the extension sought by the Chief Commissioner of Police.

37 Court may vary a prohibition order—written notice to registrable offender

For the purposes of section 66ZL(4)(b)(iv) of the Act, the prescribed information is a statement that the registrable offender may apply to vary or revoke the prohibition order in accordance with section 66ZH of the Act.

38 Court may extend a final prohibition order—written notice to registrable offender

For the purposes of section 66ZN(3)(b)(iv) of the Act, the prescribed information is a statement that the registrable offender may apply to vary or revoke the final prohibition order in accordance with section 66ZH of the Act.

39 Corresponding registrable offender to be notified of registration order—written notice to registrable offender

For the purposes of section 66ZT(1)(f) of the Act, the following information is prescribed—

(a) a statement that the variation or extension of the corresponding prohibition order by a court of the State or Territory in which it was made has no effect in Victoria after the registration order is made; and

(b) a statement that the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.

40 Court may vary a registration order—written notice to registrable offender

For the purposes of section 66ZZ(3)(d) of the Act, the following information is prescribed—

(b) a statement that the registrable offender may apply to vary the registration order in accordance with section 66ZX of the Act.

Part 4—Miscellaneous

41 Chief Commissioner of Police to report to Minister

For the purposes of section 70P(1)(c) of the Act, the following information is prescribed—

(a) with respect to the total number of registrable offenders included in the Register as at the immediately preceding 30 June—

(i) for each gender, the number of those registrable offenders who are of that gender; and

(ii) the number of those registrable offenders who are children; and

(iii) the reporting periods applying to those registrable offenders; and

(iv) the number of those registrable offenders who are living in Victoria and subject to reporting obligations; and

(v) the number of those registrable offenders who are in government custody; and

(vi) the number of those registrable offenders who are outside Victoria (excluding registrable offenders to whom Division 9 of Part 3 of the Act applies); and

(vii) the number of those registrable offenders who are the subject of an order under Division 6 of Part 3 of the Act (or an equivalent order made under the laws of a foreign jurisdiction); and

(viii) the number of those registrable offenders who are the subject of a notice under section 45A of the Act; and

(ix) the number of those registrable offenders whose reporting period has ended; and

(x) the number of those registrable offenders who have died;

(b) with respect to the number of registrable offenders added to the Register in the financial year ending on the immediately preceding 30 June—

(i) the number of those registrable offenders who are children; and

(ii) the number of those registrable offenders who were added to the Register following the making of an order under section 11 of the Act; and

(iii) the number of those registrable offenders who were added to the Register because they are corresponding registrable offenders;

(i) the number of registrable offenders whose reporting period ended in that financial year; and

(ii) the number of orders made under section 40(1A) of the Act in that financial year suspending a registrable offender's reporting obligations; and

(iii) the number of orders made under section 44A of the Act in that financial year revoking an order referred to in subparagraph (ii); and

(iv) the number of notices served under section 45A of the Act in that financial year suspending a registrable offender's reporting obligations; and

(v) the number of registrable offenders who died in that financial year;

(d) the number of persons who ceased to be a registrable offender in the financial year ending on the immediately preceding 30 June.

Schedule 1—Revocation

Regulation 4

S.R. No.	Title
142/2014	Sex Offenders Registration Regulations 2014
90/2015	Sex Offenders Registration Amendment Regulations 2015
154/2016	Sex Offenders Registration Amendment Regulations 2016
59/2023	Sex Offenders Registration Amendment Regulations 2023

Schedule 2—Retrieval notice

Regulation 34

TO: [insert name of registrable offender or person believed to be the owner of seized thing(s)]

OF: [insert address or last known address of registrable offender or person believed to be the owner of seized thing(s)]

In accordance with section 66ZC of the Sex Offenders Registration Act 2004, I am notifying you that the Chief Commissioner of Police is no longer authorised to retain the following things which were seized at [insert location of seizure] on [insert date of seizure]:

[insert details of each seized thing that can be retrieved]

Retrieving your things

You are now able to retrieve the thing(s) referred to above. If you wish to retrieve the thing(s), you may attend at [insert address of the location from which the seized thing(s) can be retrieved] between the hours of [insert opening hours of location].

You should bring this retrieval notice and photo identification with you to retrieve your seized thing(s).

What will happen if you do not retrieve your seized things

In accordance with section 66ZC(3) of the Sex Offenders Registration Act 2004, if you do not retrieve the thing(s) referred to above by [insert date that is at least 3 months from the date of this retrieval notice], the thing(s) will be dealt with as if it were unclaimed property and may be disposed of by an authorised person in accordance with Division 3 of Part 4 of the Victoria Police Act 2013. Disposal may be by sale by public auction, destruction, or any other means approved by the Minister for Police.

NAME: [insert name of person issuing this retrieval notice]

TITLE: [insert title of person issuing this retrieval notice]

DATE: [insert date of this retrieval notice].

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Sex Offenders Registration Regulations 2024, S.R. No. 94/2024 were made on 17 September 2024 by the Governor in Council under section 75 of the Sex Offenders Registration Act 2004, No. 56/2004 and came into operation on 22 September 2024: regulation 3.

The Sex Offenders Registration Regulations 2024 will sunset 10 years after the day of making on 17 September 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Sex Offenders Registration Regulations 2024 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

No entries at date of publication.

1 Sex Offenders Registration Regulations 2024

Version No. 001

Sex Offenders Registration Regulations 2024

S.R. No. 94/2024

Version as at
22 September 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 2

4 Revocation 2

5 Definitions 2

6 Corresponding Act 3

7 Corresponding prohibition order Act 4

8 Corresponding sex offender registration order 4

9 Foreign witness protection laws 5

10 New South Wales registrable offenders 6

11 Appointment of Registrar of Sex Offenders 6

Part 2—Reporting obligations 7

Division 1—Preliminary 7

12 Persons required to report under corresponding Act 7

13 Police stations 7

Division 2—Making reports 7

14 Making a report other than in person 7

15 Documents to verify or support details in a report—intended travel out of Australia 8

16 Documents to verify or support details in a report—return to Victoria after travel out of Australia 9

17 Other forms of identification 11

18 Verifying documentation or evidence in support of a report—employment details 15

19 Verifying or supporting documents—reports during pandemic, state of emergency or state of disaster 15

20 Reporting by remote offenders 17

Division 3—Notification of reporting obligations 17

21 Chief Commissioner may approve form of notice 17

22 Notice to be given to registrable offender 18

23 Acknowledgement of receipt of notice 20

24 Person or body required to give notice of reporting obligations to registrable offender 21

25 Supervising authority 23

26 Notice to be given when reporting period changes 25

27 Supervising authority to notify Chief Commissioner of Police of certain events 26

Part 3—Prohibition orders 27

28 Making application for a prohibition order 27

29 Explanation of interim prohibition order 27

30 Explanation of final prohibition order 27

The Regulations rest on a small set of operational concepts that implement the Act’s reporting, notification, prohibition order and seizure regimes. The principal concepts and where they are prescribed include:

Registrable offender, Registrar and the Act: The Regulations adopt defined terms from the Act and other statutes (reg 5). The term Registrar of Sex Offenders refers to a police officer appointed under reg 11; the Act itself contains the substantive statutory duties (reg 5; reg 11).
Reporting and reports: The Regulations flesh out how and where reports required under Part 3 of the Act are to be made (regs 12-20). They identify the Registrar as the prescribed contact for corresponding Acts (reg 12) and allow reports by audio link, audio visual link and electronic communication for many report types (reg 14). For remote offenders, the Regulations prescribe a 100 km threshold for s 31(1) (reg 20).
Identity verification: Regulation 17 lists the documents acceptable to satisfy s 26(1)(a) and related provisions. It differentiates initial reports from other reports, and specifies a two-tier test: one primary document from reg 17(3) plus two secondary documents from reg 17(4) for initial reports, or either one primary or two secondary for other reports. It also allows police to rely on an electronic identity credential at an approved level of assurance (reg 17(6)).
Travel verification: Regulations 15 and 16 prescribe the documentary proof registrable offenders must produce when reporting intended travel out of Australia and when reporting return to Victoria. The lists include itineraries, booking confirmations, boarding passes, visas and accommodation receipts (regs 15-16).
Notification: The Chief Commissioner may approve and publish forms for notices required by the Act (reg 21). Regulation 22 prescribes how notices under s 50(1) are to be given when the registrable offender is a child or has a disability, and sets out the precise content that must be included in notices (reg 22(5)). Regulation 23 requires those who give notices to inform the Chief Commissioner within three days and to provide any written acknowledgement.
Supervising authority and who must notify: The Regulations map classes of registrable offenders to specific persons or bodies who must give notices under s 50(3) and act as supervising authorities in defined circumstances (regs 24-25). The tables allocate responsibility to courts, the Chief Commissioner, the Secretary, the Secretary to the Department of Health and the Secretary to the Department of Families, Fairness and Housing depending on the offender’s custody status or pathway out of custody.
Prohibition orders and seized things: The Regulations prescribe required content for applications for prohibition orders (reg 28), required explanations that must be given with interim and final prohibition orders (regs 29-30), recording and receipt requirements for seized items (regs 32-33), and the form and process for retrieval notices (reg 34; Schedule 2). They also specify procedural details for applications to vary, extend or revoke prohibition and registration orders (regs 35-40).
Reporting to Minister: Regulation 41 prescribes a data specification that the Chief Commissioner must report to the Minister about the Register (s 70P), including counts by gender, children, reporting periods, custody status and other breakdowns.

These concepts translate statutory duties into operational requirements: who must do what, where, when and with what documentary evidence. The Regulations repeatedly cross-reference the Act’s sections (for example, s 19, s 21A, s 23A, s 31) and other statutes for definitions and interaction (regs 5, 9, 17 notes).

The Regulations affect several distinct groups and public entities by imposing documentary, notification and process obligations:

Registrable offenders: The Regulations primarily affect registrable offenders. They set out the forms of identity evidence required at initial and subsequent reports (reg 17), documentation needed for travel notifications (regs 15-16), verification of employment details by payslips (reg 18), options to report remotely and the circumstances in which remote reporting may occur (reg 14), and the means by which notices and receipts will be given to them (regs 21-23, 33, 34). Registrable offenders who are children or have disabilities are given special notice handling rules (reg 22). Registrable offenders also bear the practical burden of retrieving seized items once notified (Schedule 2).
Police and the Chief Commissioner of Police: Police are responsible for receiving reports, directing which police stations may be used for reporting (reg 13), appointing or allocating a Registrar (reg 11), approving forms and publishing them in the Government Gazette (reg 21), seizing, recording and issuing receipts for seized things (regs 32-33), and giving retrieval notices (reg 34). The Chief Commissioner has discretion to set venues, approve forms, determine acceptable electronic identity assurance levels (reg 17(6)) and provide data to the Minister (reg 41). Police officers must keep prescribed details when things are seized, including photographing them (reg 32).
Courts: Courts that sentence registrable offenders must give notices of reporting obligations in specified cases (reg 24 items 1-4). Courts are also involved in prohibition order applications and must ensure required statements are provided to registrable offenders when interim or final prohibition orders are explained (regs 28-31). The Regulations also require courts to include particular information when varying or extending orders (regs 37-40).
Supervising authorities and public service agencies: The Regulations designate supervising authorities for different classes of registrable offenders (reg 25) and require those supervising authorities to notify the Chief Commissioner of certain events with prescribed content (reg 27). The Secretary (Department of Justice & Community Safety), the Secretary to the Department of Health, the Secretary to the Department of Families, Fairness and Housing and the Chief Commissioner are allocated specific notification and supervision duties (regs 24-25).
Owners and other third parties: Where an item is seized from a registrable offender but owned by another person (reg 32(e)), the Regulations require identification of the owner (if known) and allow notices to be given to the person believed to be the owner (reg 34). Schedule 2 sets out the content of retrieval notices which must be given to registrable offenders or owners.
The Minister and Parliament: The Chief Commissioner is required to provide an annual dataset to the Minister about the Register (reg 41). That creates an information flow from police operations to executive and potentially parliamentary oversight.

Costs and burdens fall unevenly. Registrable offenders bear the recurring compliance costs of assembling identity documents, travel and accommodation evidence, payslips, and attending in person in specified circumstances. Police and supervising authorities bear administrative costs to approve forms, direct venues, receive remote reports and manage seized property records. Courts have additional obligations about content in orders and explanations. The Regulations centralise operational control with the Chief Commissioner and assigned Secretaries, shifting procedural decision-making to these public actors.

The Regulations convert many statutory duties under the Act into concrete administrative requirements. They also set out rights of registrable offenders in the prohibition and seizure context.

Duties imposed or clarified by the Regulations

Report-making duties and means: Registrable offenders must make reports required by the Act using the methods permitted. The Regulations explicitly permit reports by audio link or audio visual link for s 19 reports (reg 14(1)) and by audio link, audio visual link or electronic communication for other reports subject to s 23(1) limitations (reg 14(2)). The Act itself requires reports to be made to the Chief Commissioner (s 19(2)), and only authorised persons may receive remote reports (s 23(3), reg 14(2) note).
Identity verification: For initial reports under s 14, a registrable offender must present one primary document from reg 17(3) and two secondary documents from reg 17(4) (reg 17(1)(a)(i)-(ii)). For other reports, either one primary or two secondary documents suffice (reg 17(1)(b)). If a name differs materially from the name on documents, a change of name or marriage certificate is required (reg 17(5)). Police may also accept an approved electronic identity credential at an approved level of assurance (reg 17(6)).
Travel verification: When intending to travel out of Australia, a registrable offender must supply specified travel itineraries, booking confirmations, visas/entry authorities and, if intending to return to Victoria, booking confirmations for return travel (reg 15). On return after travel, registrable offenders must produce boarding passes, visas/authorities and accommodation receipts for countries entered and a boarding pass to enter Victoria (reg 16(1)). If travel plans change during travel, the registrable offender must produce changed itineraries and confirmations, cancellations and return transport confirmations (reg 16(2)).
Employment verification: Registrable offenders required to report employment details must provide copies of any two payslips issued within two months prior to the report (reg 18).
Notice-giving and acknowledgement: Persons and bodies who give notices (courts, Secretaries, Chief Commissioner etc as mapped in reg 24) must inform the Chief Commissioner in writing within three days that a registrable offender has been given a notice and the date the notice was given; they must provide a copy of any written acknowledgement (reg 23(2)).
Supervising authority notifications: Supervising authorities must notify the Chief Commissioner of prescribed events under s 53(2) with specified content (regs 25, 27).
Seizure and record-keeping: Police must record prescribed details when an item is seized (reg 32) and provide a receipt containing prescribed information including an explanation of the effect of ss 66ZB and 66ZC and a right to apply under s 66ZD for return of the seized thing (reg 33(1)(f)-(g)).

Rights of registrable offenders specified or preserved

Right to apply to vary or revoke an interim or final prohibition order: The Regulations require the prescribed explanatory statement to include that the registrable offender may apply to the court under s 66ZH to vary or revoke interim and final prohibition orders (regs 29-30). When courts vary or extend orders they must include statements about s 66ZH rights (regs 37-38).
Receipt and notice rights relating to seized things: Police must give the registrable offender a receipt with prescribed content (reg 33) and Chief Commissioner must give a retrieval notice when retention authority lapses (reg 34; Schedule 2). The retrieval notice must set a retrieval period of at least three months from the date of the notice (Schedule 2), after which the items may be disposed of under the Victoria Police Act 2013 (Schedule 2 note).
Procedural transparency in prohibition applications: An application for a prohibition order must include prescribed information about prior orders, the offences of conviction and the conduct to be prohibited (reg 28), which may assist a registrable offender to understand the case to meet or oppose.

Limits and conditions on duties

The Regulations do not create new criminal offences. They prescribe forms, documentary evidence and processes that operationalise duties found in the Act. Enforcement and penalties remain the province of the Act (see reg 33(1)(f), which references ss 66ZB-66ZC and s 66ZD rights).
Discretionary elements remain: the Chief Commissioner may approve forms and set directions about venues (regs 13, 21), and police may accept electronic identity credentials only at an assurance level approved by the Chief Commissioner (reg 17(6)). These provisions create decision points where departmental policy and capability will determine practical effect.

Who decides and who pays

The Chief Commissioner makes key administrative decisions and publishes approved forms (reg 21). Courts decide on prohibition and registration orders subject to statutory tests in the Act, but the Regulations require certain content in notices and applications (regs 28-31, 37-40).
Registrable offenders pay compliance costs: assembling evidence (passports, visas, boarding passes, booking confirmations, payslips), attending a police station where required, and producing documents in person or electronically. Public agencies (police, court registries, Secretaries) bear administrative and record-keeping costs.

The Regulations are largely procedural and do not themselves create offences or modify the Act’s substantive penalty scheme. Enforcement mechanisms in the Regulations focus on evidence, notice, and record-keeping that support enforcement under the Act.

Enforcement-relevant prescriptions

Seizure procedures and receipts: When police seize things under the Act, the Regulations prescribe detailed recording requirements (reg 32) and the content of the receipt to be given to the registrable offender (reg 33). The receipt must explain the effect of ss 66ZB and 66ZC and state that a person may apply under s 66ZD to the Magistrates’ Court for return of the seized thing (reg 33(1)(f)-(g)). These procedural steps create a documented chain of custody and notice that are material to subsequent enforcement, return applications and disposal.
Retrieval notices and disposal: Regulation 34 prescribes how notifications under s 66ZC(1) may be given (personal service or ordinary/registered post) and notes that electronic notification is available under the Electronic Transactions (Victoria) Act 2000. Schedule 2 supplies a retrieval notice template that must state a retrieval deadline of at least three months from the notice date, after which the item may be dealt with as unclaimed property and disposed of under the Victoria Police Act 2013. The Regulations therefore provide a clear path for the disposal of seized items if not retrieved.
Prohibition orders and variation/extension processes: The Regulations prescribe what information must be contained in applications for prohibition orders (reg 28), the content of explanations given with interim and final prohibition orders about rights to apply to the court to vary or revoke (regs 29-30), and required information for applications to vary or extend orders (regs 35-36). Those prescriptions facilitate enforcement by ensuring applicants and accused registrable offenders receive uniform statutory information.
Reporting obligations and identification: The Regulations require specified documentary verification for identity (reg 17), travel (regs 15-16) and employment (reg 18). Failure to provide required verification may affect the ability of the police to accept reports or may be relied upon in enforcement action under the Act.

How enforcement remains with the Act

The Regulations rely on and operationalise the Act’s enforcement provisions. For example, reg 33(1)(f) requires a receipt to explain the effect of sections 66ZB and 66ZC of the Act and the right under s 66ZD. The Regulations do not duplicate the Act’s offences, penalties or court processes; rather, they ensure procedural fairness and evidentiary sufficiency when enforcement occurs.

Administrative enforcement burdens and risks

Administrative burden on police: The detailed recording, receipt and photographic requirements for seized items (reg 32) and the expectation of prompt notification to the Chief Commissioner when notices are given (reg 23(2)) create an administrative workload. The Chief Commissioner must also compile and report the dataset specified in reg 41 to the Minister annually, which will require data extraction, classification and quality assurance.
Discretion and variability: The Chief Commissioner’s power to approve forms and set circumstances for their use (reg 21(1)-(3)) and to direct which police stations may be used (reg 13) delegates enforcement design to executive policy. That centralised discretion can produce variability in enforcement experience across police stations and over time depending on resourcing, policy and technology choices.
Procedural safeguards for registrable offenders: The Regulations enshrine rights to apply to court to vary or revoke prohibition orders and to seek the return of seized things; they require explanation of those rights on receipts and notices (reg 33(1)(f)-(g), regs 29-30). Those procedural steps support contestability of enforcement decisions.

In short, penalties and substantive liability continue to be governed by the Act; the Regulations establish the procedural infrastructure that determines how enforcement occurs, how evidence is recorded, and how affected persons are informed of their rights.

The Regulations explicitly reference multiple Acts, creating layered legal interactions. These interactions are both definitional and operational.

Definitions and cross-references

The Regulations import definitions and refer to other statutes for meaning. Regulation 5 imports defined terms from the Sentencing Act 1991, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Children, Youth and Families Act 2005, the Disability Act 2006, the Mental Health and Wellbeing Act 2022, and others. These cross-references determine which custodial statuses, treatment orders and child-care orders give rise to particular notification and supervising authority obligations (regs 24-25).
The Regulations define "the Act" as the Sex Offenders Registration Act 2004 (reg 5) and make multiple cross-references to specific sections of the Act (for example, s 19, s 21A, s 23A, s 31, s 50, s 53, s 66D, s 66Z and others). The Regulations therefore presuppose and operationalise the Act’s substantive text.

Interstate and Commonwealth interaction

Corresponding Acts and corresponding prohibition order Acts: Regulations 6-8 list corresponding Acts and corresponding prohibition order Acts across Australian jurisdictions (Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Western Australia). Those lists fulfil the Act’s definition of corresponding Act for registration and recognition purposes under the Act and facilitate recognition and registration of orders made interstate.
Foreign witness protection laws: Regulation 9 lists Commonwealth and state/territory witness protection Acts that count as foreign witness protection laws for the purposes of ss 6(5) and 56(2) of the Act. This affects disclosure and protection decisions where an offender is a witness protected under another jurisdiction’s law.

Electronic law and identity frameworks

Electronic Transactions (Victoria) Act 2000: Regulation 34 notes that notifications may be provided electronically under that Act, affecting methods for giving retrieval notices.
Service Victoria Act 2018 and Identity Verification Services Act 2023: Regulation 17(6) allows police to have regard to an electronic identity credential as defined in the Service Victoria Act. Regulation 17(4)(c) also references a DVS document within the meaning of the Identity Verification Services Act 2023. These cross-references integrate the Regulations with state-level digital identity infrastructure and national identity verification services.

Property, policing and disposal laws

Victoria Police Act 2013: Schedule 2 (retrieval notice) states that, if seized things are not retrieved within the notice period, they may be dealt with as unclaimed property and disposed of under Division 3 of Part 4 of the Victoria Police Act 2013 (Schedule 2). This links seizure outcomes under the Act directly to the Victoria Police Act’s disposal mechanisms.
Banking Act 1959, National Health Act 1953, Social Security Act 1991, Insurance Contracts Act 1984 and Taxation Administration Act 1997: The identity-document lists in reg 17(4) reference documents under these Commonwealth laws (bank account statements, Medicare card, health care/pensioner concessions, insurance contract notices, tax assessments). These references mean that the evidentiary sufficiency of documents for identification is aligned with commonly used federal documents.

Operational inter-agency links

The Regulations allocate supervisory and notice-giving responsibilities across courts and state departments. For example, the Secretary, the Secretary to the Department of Health and the Secretary to the Department of Families, Fairness and Housing are named as persons or bodies to give notices in particular custodial-release scenarios (reg 24). That creates a procedural dependency on those agencies’ administrative processes for meeting statutory notification timelines.

Implications of these interactions

The Regulations knit the Act into a broader legal and administrative ecosystem: federal identity verification schemes, state policing statutes governing property, and cross-jurisdictional recognition of orders. This produces implementation dependencies: police must adopt compatible identity-credential standards, courts and correctional agencies must integrate notice templates into sentencing and release workflows, and interstate recognition mechanisms must be maintained consistent with the lists in regs 6-9.
Any change in the referenced Acts (for instance, amendments to Service Victoria or identity verification laws) can affect how the Regulations operate in practice, because they rely on definitions and external mechanisms that evolve independently. The Regulations also centralise discretion in the Chief Commissioner for approving electronic identity assurance levels (reg 17(6)), meaning state police policy will determine what specific electronic credentials will be acceptable in practice.

The Regulations are a new consolidated instrument made in 2024; they expressly revoke earlier subordinate instruments listed in Schedule 1. Schedule 1 lists:

Sex Offenders Registration Regulations 2014 (S.R. No. 142/2014)
Sex Offenders Registration Amendment Regulations 2015 (S.R. No. 90/2015)
Sex Offenders Registration Amendment Regulations 2016 (S.R. No. 154/2016)
Sex Offenders Registration Amendment Regulations 2023 (S.R. No. 59/2023)

Regulation 4 effects that revocation.

The Endnotes provide additional legislative housekeeping details:

The Regulations were made on 17 September 2024 by the Governor in Council under s 75 of the Act and came into operation on 22 September 2024 (Endnotes, general information). The "version as at" date is 22 September 2024 (cover sheet).
The Regulations will sunset 10 years after the day of making, on 17 September 2034, under the Subordinate Legislation Act 1994 (Endnotes 1). That sunset timeline is a statutory limit on the instrument’s duration unless remade or extended according to the Subordinate Legislation Act.
There are currently no amendments recorded in the Table of Amendments as at the version date (Endnotes 2: "There are no amendments made to the Sex Offenders Registration Regulations 2024 by statutory rules, subordinate instruments and Acts.").

Practical effect of the amendment history

The 2024 Regulations replace the 2014 framework and subsequent 2015, 2016 and 2023 amendment instruments. Any procedural variations or clarifications previously provided by the earlier instruments are now consolidated and superseded by the 2024 text.
The absence of recorded amendments to the 2024 Regulations at the publication date means the instrument is current as enacted. The sunset provision creates a medium-term review point: by 2034 the instrument must either be remade, replaced or allowed to lapse, which places a decadal timing constraint on policy continuity.
Because the Regulations incorporate references to other Acts and authorise executive discretion (for example, the Chief Commissioner’s powers in regs 13 and 21), future amendments to those referenced Acts or future departmental policies may necessitate further subordinate amendments to the Regulations to preserve operational coherence.

The Regulations’ Endnotes include a Table of Amendments and Explanatory Details but do not record any litigation or judicial consideration of the Regulations. The source contains no cases or litigation references. Specifically:

Endnotes 2 states there are no amendments to the Regulations as at publication; Endnotes 3 lists no explanatory details. There is no reference to judicial decisions, challenges or case law in the Regulations’ text or endnotes.
The Regulations themselves reference statutory appeal and court application routes established in the Act (for example, references to s 66ZH applications to vary or revoke prohibition orders and s 66ZD applications to the Magistrates’ Court for return of seized things). The Regulations require that registrable offenders be informed of those rights in prescribed statements (regs 29-30, reg 33(1)(f)-(g), regs 37-40). However, the Regulations do not record any judgments, and the source does not name cases.

Implications for practitioners

Because the Regulations are recent and consolidation-style, there is no litigation history to draw upon in interpreting them as at the version date. Practitioners should therefore rely on the plain text of the Regulations and the underlying Act when advising clients, keeping an eye on subsequent judicial interpretation once disputes involving the Regulations arise.
The absence of judicial guidance increases the importance of strict compliance with the procedural prescriptions (document lists, notice content, receipt information), because administrative decisions under the Regulations may be the subject of future judicial review or appeals under the Act’s existing rights of review and variation.

The Regulations contain several practical traps and detail sensitivities that can cause compliance failure, procedural delay, or contested enforcement if overlooked.

Different documentary thresholds for initial versus subsequent reports (reg 17)

Initial reports require one primary document (reg 17(3)) and two secondary documents (reg 17(4)) (reg 17(1)(a)(i)-(ii)). Subsequent reports require either one primary or two secondary documents (reg 17(1)(b)).
Practitioners should note that the required mix for initial reports is stricter; relying on a single secondary document will not satisfy identification requirements at first report.

Electronic identity credentials are subject to a Chief Commissioner-approved "level of assurance" (reg 17(6))

Police may accept electronic credentials only if at an assurance level approved by the Chief Commissioner. There is no default national standard set in the Regulations; approval is at police discretion. If clients intend to use electronic credentials, verify that the Chief Commissioner has approved the relevant level.

Remote reporting permitted but restricted as to who may receive the report (reg 14(1)-(2))

Remote reporting is allowed, but the Act limits receipt of remote reports to police officers or other persons approved by the Chief Commissioner (s 23(3) noted in reg 14(2) note). Ensure the receiving person is authorised; otherwise the report may not be valid.

Travel verification lists are detailed and country-specific (regs 15-16)

When reporting intended travel or return, registrable offenders must provide specific documents for each country entered , booking confirmations, visas, boarding passes and accommodation receipts. Missing a single item for a country could leave the traveller non-compliant for that reporting requirement.

Timeline and proof for retrieval notices and disposal (reg 34; Schedule 2)

Schedule 2 states the retrieval notice must specify a retrieval deadline of at least three months from the retrieval notice date; after that the item may be disposed of under the Victoria Police Act 2013. Practitioners should check retrieval deadlines carefully and act within the three-month period.

Who must give notices is precisely mapped; misallocation can create delays (regs 24-25)

The Regulations allocate notice-giving duties and supervising authority status to specific courts and Secretaries depending on sentencing and custody pathways. Failure by the correctly specified person to give the notice can cause administrative failure. For example, the Magistrates’ Court must give the notice for offenders sentenced by that court (reg 24, Table item 1).

Notices for children and persons with disabilities have different routes (reg 22)

Notices to a child may be given to the child or a person with parental responsibility, but if the child may be unable to understand, the notice must be given to a parent, carer or nominated person (reg 22(1)-(2)). For registrable offenders with disabilities who may be unable to understand, the notice must be given to a carer or nominated person (reg 22(3)-(4)). Providers must assess capacity and select the correct recipient.

Prescribed content for prohibition-order applications and explanations (regs 28-30)

Applications for prohibition orders must include specific information about past sentencings, prior orders and the conduct sought to be prohibited (reg 28). The explanations accompanying interim and final prohibition orders must inform registrable offenders of their right to apply under s 66ZH (regs 29-30). Missing content may be fatal to procedural fairness.

The Chief Commissioner controls venue directions (reg 13)

The Chief Commissioner can direct which police stations are acceptable for reporting, even excluding classes of stations absent consent (reg 13(1)(b)). This centralisation means availability of local reporting venues may change according to police policy.

Data reporting obligations impose classification choices (reg 41)

The Chief Commissioner’s report to the Minister requires categorisation by gender, child status, reporting period, custody status, geographic residence and various order types (reg 41). Taxonomies and data extraction methods will need to be consistent and defensible; differences in classification could create compliance and transparency issues.

Sunset and review timeline (Endnotes)

The Regulations will sunset in 2034 unless remade or extended. Practitioners and policy units should factor the decadal horizon into planning for any necessary revisions or operational improvements.

In practice, the most common operational "gotchas" arise from mismatched documentary evidence (passport expiry windows, missing boarding passes or booking confirmations), failing to route notices through the person or body mapped in regs 24-25, and assuming electronic identity credentials are automatically acceptable without verifying Chief Commissioner approval.

Compliance under the Regulations requires structured administrative processes, clear allocation of responsibilities across agencies, and operational protocols for registrable offenders. Below are concrete steps and checklists tailored to each affected actor.

For registrable offenders (and advisers)

Initial identification checklist for first report (reg 17(1)(a)):
- Produce at least one primary document from reg 17(3): a current or recently expired Australian passport (expired within three years), a current foreign passport, a Department of Immigration document, travel document, citizenship certificate, original birth certificate, proof-of-age card, or where person is not the offender, a firearms licence or worker screening clearance (reg 17(3)(a)-(i)).
- Produce two secondary documents from reg 17(4): certified birth extract; recent bank card or statement; DVS document (not already listed as primary); Medicare card; health care/pensioner card; recent rates notice; land tax assessment; residential tenancy agreement or other tenancy documents; utility account within last six months; vehicle registration; insurance contract notice; student ID/enrolment proof (reg 17(4)).
- If the name differs materially, bring a change-of-name or marriage certificate (reg 17(5)).
Ongoing reporting:
- For subsequent reports, ensure at least one primary or two secondary documents are available (reg 17(1)(b)).
- For employment details, provide copies of two payslips within two months before the report date (reg 18).
Travel reporting:
- For intended travel out of Australia: assemble itineraries, booking confirmations for each country, visas/entry authorities and accommodation confirmations; include return-to-Victoria transport confirmations if intending to return (reg 15).
- On return: retain boarding passes for each country entered, visas/entry authorities, accommodation receipts and the boarding pass for entering Victoria (reg 16).
- For changes in travel plans while abroad, retain and provide changed itineraries, new booking confirmations and cancellation notices as required (reg 16(2)).
Remote reporting:
- Check whether your reporting can be made by audio link, audio visual link or electronic communication and confirm the recipient is an authorised receiving officer (reg 14; note s 23(3) limit). If using electronic identity credentials, verify the Chief Commissioner has approved the required level of assurance (reg 17(6)).
Seized property and retrieval:
- If items are seized, obtain a receipt with the prescribed content (reg 33). If you receive a retrieval notice, act within the three-month retrieval period stated in Schedule 2 to collect items.

For police and the Chief Commissioner

Appoint a Registrar and publish forms:
- Appoint a Registrar of Sex Offenders under reg 11. Approve and publish forms for notices under reg 21 and ensure publication in the Government Gazette per reg 21(3).
Venue and direction policies:
- Issue directions about which police stations may be used for reporting and which classes require Chief Commissioner consent (reg 13(1)). Ensure Registrars can direct specific offenders to particular stations consistent with those directions (reg 13(2)).
Electronic identity and remote reporting protocols:
- Define and publish approved levels of assurance for electronic identity credentials to be used for identification under reg 17(6). Establish internal approval and training for officers receiving audio or audio visual reports and receiving electronic communications for a valid report (reg 14 and reg 17(6)).
Seizure recording and receipts:
- Implement a standard form and digital record-entry workflow to capture the prescribed seizure details (reg 32(a)-(f)), including photographing seized items. Produce receipts that comply with reg 33(1)(a)-(g) and ensure the correct signatories are present or available when the registrable offender signs (reg 33(2)-(4)).
Retrieval notice procedures:
- Use the Schedule 2 retrieval notice template. Ensure notices are served personally or posted to the last known address per reg 34(a), or sent electronically where appropriate under the Electronic Transactions Act (reg 34 note). Record retrieval deadlines and disposal arrangements under the Victoria Police Act 2013 if items remain unclaimed.

For courts and sentencing authorities

Notices on sentencing:
- Use the prescribed notice content when giving a notice of reporting obligations under s 50(1) as set out in reg 22(5). If the offender is a child or has disabilities, follow the alternative notice recipients and capacity-based rules in reg 22(1)-(4).
Prohibition order processes:
- Ensure applications for prohibition orders have the prescribed information (reg 28). When making interim or final orders, include the prescribed explanatory statements informing the registrable offender of their right to apply under s 66ZH (regs 29-30, 37-38).

For supervising authorities and departments

Notification obligations:
- Map internal release, transfer and supervision workflows to the supervising authority assignments in regs 24-25. Ensure that, when a registrable offender enters or leaves custody or a supervised sentence, the correct authority gives the notice and the Chief Commissioner is informed within three days if a notice of reporting obligations is given (reg 23).
Reporting to the Chief Commissioner:
- For events under s 53(1), provide the prescribed information to the Chief Commissioner per reg 27 (name, relevant event, date event will or did occur, date of notice, and signatory details).

For the Chief Commissioner’s reporting obligations to the Minister

Data capture and categorisation:
- Implement data extraction policies that produce the categories listed in reg 41 for annual reporting: counts by gender, child status, reporting periods; numbers in Victoria and outside Victoria; number in custody; number subject to particular orders; numbers added to Register; number whose reporting period ended; number who died; numbers of suspensions and revocations; and the number who ceased to be registrable offenders.

Operational and risk management actions

Train frontline officers in document verification standards for both paper and electronic identity credentials and in the content requirements of receipts and notices to satisfy regs 17 and 33.
Maintain audit trails for notices, retrieval notices, seizure logs and receipts. The Regulations mandate specific data points (reg 32) and timelines (reg 23), so auditable records support compliance and defendability.
Coordinate with courts, corrections, health and family services departments to ensure notices are given by the person or body specified in regs 24-25 and to avoid administrative gaps that could render notices ineffective.
Monitor policy developments in Service Victoria, the Identity Verification Services Act 2023 and federal identity schemes to ensure continuing interoperability where electronic identity credentials are used.
Prepare contingency processes for remote reporting and pandemic or emergency directions, referencing reg 19 which sets out verification adaptations during pandemics, states of emergency or states of disaster.

Failure to implement these operational steps risks invalid reporting, contested seizures, delays in retrieval of property and breakdowns in statutory notice regimes. The Regulations are prescriptive; compliance will depend on clear administrative protocols, inter-agency coordination and investment in identity verification and records systems.

Sex Offenders Registration Regulations 2024

Plain English Summary

Deep Dive

What it does

Current sections

Sex Offenders Registration Regulations 2024

Source text: opening excerpt

1 Sex Offenders Registration Regulations 2024

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply