This procedure relates to case management of young people on the Sex Offenders Register.

 

When to use this procedure

When providing case management and supervision to young people on the Sex Offenders Register.

 

Practice context and legislation

  • Section 62 of the Sex Offenders Registration Act 2004 requires the Commissioner of Police to establish and maintain a register of sex offenders containing specified information on all registrable offenders.
  • The Sex Offenders Registration Act also applies to registrable offenders who move into Victoria from another state.
  • The Sex Offenders Register is a register of individuals who have committed either sexual offences against children and/or serious and/or multiple sex offences against adults.
  • The purpose of the register is to assist police to monitor and locate high-risk sex offenders and prevent them applying for, or engaging in, child-related employment.
  • The aim of the register is also to provide a deterrent to re-offending, assist police investigations and provide victims, their families and the wider Victorian community with an increased sense of security.
  • For young people under the age of 18 sentenced for a registrable offence, or an adult who as a child committed a registrable offence, the decision whether they are to be ordered to comply with reporting obligations as a registrable offender is at the discretion of the court and can only be made following an application from the prosecutor. This is known as a section 11 order.
  • The court can make an order if it is satisfied the person poses a risk to the sexual safety of one or more people in the community.
  • An order can only be made if the young person is sentenced to a court order sueprvised by youth justice. A section 11 order must be made concurrently with that sentence.
  • If the young person is 18 to 21 years, or above, as an adult their status as a registrable offender is automatic.
  • A registrable offender must report personal details to Victoria Police once per year during the reporting period.
  • Adults are required to comply for a period of eight years, 15 years or life depending on the class level of offence.
  • For young people under the age of 18, the reporting period is halved with a maximum of seven and a half years.
  • A registrable offender is required to be given written notice as soon as practicable of their reporting obligations and the penalties for non-compliance.
  • Under the Sex Offenders Registration Act, youth justice has the following responsibilities:
    • identify young people who are registrable offenders
    • take action as required through careful monitoring of cases involving sexual offences in both the children’s court and adult courts
    • review information provided by the court following sentencing
    • issue a notice of reporting obligations to a registrable offender on leaving custody
    • inform the police when a registrable offender leaves custody and/or ceases and to be subject to a community-supervised order.
 

Roles and key tasks

Area case manager

  • Record details of court appearances, applications and decisions relating to registration of a sex offender.
  • Ensure all relevant documentation is completed and provide information to the young person about their reporting obligations.
  • Provide case management to registrable offenders.
  • Advise youth justice central office, sex offenders registrar and police commissioner of young person’s details, and update any significant changes to their youth justice reporting obligations.

Team leader / team manager

  • Provide consultation and supervision to case manager.

Assistant Director / Manager Individual and Family Support

  • Provide oversight, direction and monitoring of the area youth justice program.
  • Provide case consultation regarding young people exhibiting high-risk behaviours.

Youth Justice Senior Practice Advisor

  • Provide case consultation regarding young people exhibiting high-risk behaviours. This should occur subject to local area agreements between Assistant Director / Manager Individual Family Support and the Senior Practice Advisor.
 

The procedure in detail

Registrable offenders

When a sex offender is appearing for sentencing, record details of any application and/or decision relating to the young person’s status as a registrable sex offender.

Check that the court decision is recorded on the young person’s youth justice court paperwork.

Compliance with reporting instructions

If a young person is placed on the Sex Offender Register ensure that they are provided with the client information sheet and that they understand what is required of them.

When an order is made for compliance with reporting instructions, check that the 'Acknowledgement of receipt of notification' form is attached to the youth justice centre or community based order, and request a copy from the court if it is not attached.

Attach a copy to the young person’s file and record in the Client Relationship Information System (CRIS) that the young person is a registrable offender.

When an order is made for compliance with reporting instructions inform the team leader.

If the young person is sentenced to a youth justice centre order, notify the unit coordinator if an order is made for compliance with reporting instructions

Notifying youth justice central office

Email the young person's details to the Manager, Operations and Practice, Youth Justice and Disability Forensic Unit for addition to the central register, including:

  • name
  • date of birth
  • region
  • offence type
  • sentence type
  • start and end date of order
  • court
  • length of registration.

Community supervision

Refer to procedures for 'Case management and planning' for detailed information regarding case management.

Assist the young person and their family to understand the reporting requirements.

Discuss with the young person their reporting obligations and assist and encourage their compliance.

Inform the young person that the initial report must be undertaken within seven days of the order and, (in the first instance only), by phone to the Sex Offenders Registrar at Victoria Police on 1800 235 733.

Remind the young person that they are required to report to the Sex Offenders Registrar at Victoria Police every 12 months to confirm their personal details.

This annual reporting must occur by the end of the calendar month in which the anniversary of the date on which they first reported occurred.

If the young person informs youth justice of a change in personal details including their address, employment, access to children or other reportable circumstances, remind them of their obligations to report any changes to the police within 14 days after that change occurs.

Inform the young person that original documents providing proof of identity are required when reporting in person.

A youth justice worker should not act as an independent person for the young person if the parent or guardian is unable to report with the young person.

When a registrable offender ceases to be subject to a supervised sentence, or conditions of parole, youth justice is required to notify the Commissioner of Police in writing.

This must be done within three days of the end of the youth justice order.

Send a courtesy email to the Police Sex Offenders Registrar on Ancor.Registrar@police.vic.gov.au (External link) advising that the young person’s order is completed.

Information to be provided to the Sex Offender Registrar

The following information is to be forwarded by email to the Sex Offenders Registrar atAncor.Registrar@police.vic.gov.au (External link):

  • name and other names known by
  • period during which the young person was known by other names
  • date of birth
  • address
  • name and age of any children living in the same household or with whom they have regular unsupervised contact
  • if employed, name of employer, work address and nature of employment
  • affiliation with any clubs or organisations that have child membership or child participation in activities
  • make, model, colour and registration number of any motor vehicle owned or generally driven
  • details of tattoos or permanent distinguishing marks
  • whether they have ever been found guilty of a registrable offence in any other jurisdiction that requires reporting to a registrar
  • if they have been in custody since being sentenced or released from custody in respect to a registrable offence
  • whether they intend to leave Victoria to travel elsewhere in Australia.

Procedures for young people in custody

Refer to Youth justice custodial practice manual.

Release on parole

Contact is made by the allocated parole worker with the assigned youth justice centre worker to determine any tasks or action required concerning reporting obligations prior to the young person’s release from the centre.

Follow procedures as outlined above for young people on community supervision as above.

Immediately prior to release, the young person is issued in custody with a 'Notice of reporting obligations' and client information sheet.

The young person is required to sign an 'Acknowledgement of receipt of notification'.

Subsequent sentences

The police have requested that Youth Justice also inform the Commissioner of Police when a known registrable offender again commences supervision under any subsequent order.

Inform Sex Offender Registrar by email to Ancor.Registrar@police.vic.gov.au (External link) with information of the new order.

It is also critical that CRIS is updated with any new information in a timely manner to allow central office to provide accurate responses to requests for information.

Interstate transfers

Inform the young person that prior to any transfers interstate they must contact the Victorian Sex Offender Registry to report their impending transfer and notify of their new address in the state they are intending to reside in.

Young people are required to report to the Interstate Registry or their closest police station upon arrival in the new state jurisdiction.

Appeals

If a young person is granted leave to appeal their sentence, they are required to be registered on the Sex Offender Register as ordered by the court until such time as the outcome of the appeal is known.

If the original order/sentence is quashed, the offender is removed from the register If the original order/sentence is stayed, the registration remains.

Youth justice is still required to provide information, to the Sex Offender Registrar and the Youth Justice Disability and Forensic Unit as described above.