Following conviction for certain offences in Victoria, a person will be subject to the Sex Offenders Registration Act 2004 (SORA). SORA requires certain individuals convicted of sexual offenses to be registered as sex offenders and comply with ongoing reporting obligations.
A person placed on the Sex Offenders Register must report to Victoria Police within 7 days of being notified of their registration.
They must provide personal details, including:
Registered offenders must report annually (or more frequently if required).
Any changes to personal details must be reported within 7 days, including:
There are also restrictions on travelling interstate and overseas.
The length of reporting obligations depends on the offence and the circumstances of the offending (including their criminal history).
A person that is subject to SORA reporting obligations
may apply to have their reporting obligations suspended or to be exempted from registration under certain conditions. The appropriate process depends on your specific circumstances:
If you are a registrable offender with lifetime reporting obligations, you can apply to the Supreme Court of Victoria for a suspension of these obligations under Section 39 of SORA. To be eligible:
The court will consider factors such as the seriousness of your offenses, time elapsed since the offenses, your age and that of the victims at the time, your overall criminal record, and any evidence of rehabilitation. A crucial component of your application is demonstrating that you pose no risk or a low risk to the sexual safety of individuals or the community. Obtaining a risk assessment report from a qualified forensic psychologist is essential to support your application.
If you were between 18 and 19 years old at the time of the offense and are currently subject to reporting obligations, you may be eligible to apply for a registration exemption order under Section 11A of SORA. Eligibility criteria include:
The court will assess factors such as the nature and circumstances of the offense, your age and maturity at the time, any demonstrated rehabilitation, and the risk to public safety. It's important to note that applications must typically be made within six months of being notified of reporting obligations, although exceptions can apply.
Again, these applications are complex and must be supported with evidence.
Another avenue is to apply to the Chief Commissioner of Police for suspension of reporting obligations under Section 45A of SORA. There are no specific time restrictions for this application; however, demonstrating a period of compliance (typically at least three years) can strengthen your case. The Chief Commissioner can suspend reporting obligations for up to five years must not do so unless satisfied that the registrable offender does not pose a risk or poses a low risk to the sexual safety of one or more persons or of the community.
Again, a thoroughly prepared application supported by evidence is the best way to make a successful application.
Navigating these legal processes can be complex, and eligibility depends on individual circumstances. It's advisable to consult with a legal professional experienced in this area to assess your situation and guide you through the appropriate application process.
