There can be a lot of uncertainty and fear around what it means to be on the Sex Offenders Register in Victoria. We are often contacted by individuals who are either facing registration, are currently on the register and want to better understand what it means, or they have been accused of breaching their obligations.
This article explains what triggers registration on the Sex Offenders Register in VIC, what the obligations are, and how being registered can affect your life - including your employment, housing, and freedom of movement.
Who is Placed on the Sex Offenders Register in Victoria?
Under the Sex Offenders Registration Act2004 (Vic), individuals found guilty of certain sexual offences are automatically placed on the register. These include:
- Sexual offences against children (under 18)
- Persistent sexual abuse
- Possession or distribution of child abuse material
- Grooming or procuring offences
In these cases, registration is mandatory and cannot be avoided by arguing good character, a lack of relevant prior history or low risk.
In cases where no mandatory requirement to be placed on the register exists, the prosecution can still make a discretionary application to the Court for an order. They are required to prove to the Court, beyond reasonable doubt, that you pose a risk to the sexual safety of one or more persons in the community.
What Happens After Registration for a Sex Offence?
Initial Report
Being on the Sex Offenders Register triggers strict reporting obligations to Victoria Police. At the time of being placed on the Sex Offenders Register, the Court provides you with information about your obligations. It is important to read the document carefully. The first obligation involves an initial report which must be conducted with police within 7 days of being placed on the register (or within 7 days of your release from custody). The purpose of the initial report is to record all your relevant personal information including:
- Home address
- Employment
- Car registration
- Phone number
- Social media accounts
- Chat room usernames
- Email addresses
- Internet service providers
- Tattoos
- Children you have contact with
It is very important that you prepare for this meeting to ensure you include every relevant detail as it may result in a breach if relevant things are not included and reported late.
Ongoing Reporting Obligations
After the initial report, there are ongoing obligations that exist. You must notify police of changes to personal details within 7 days of the change. There are some changes to personal details that must be reported within 1 day (such as a change in residential address or child contact).
If you intend to travel interstate, you must notify police at least 7 days before leaving the state and provide details of your intended travel and report your return to Victoria within 7 days.
If you intend to travel overseas, an application for permission to travel needs to be made directly to the Chief Commissioner of Police.
Annual Reporting
In addition to the ongoing reporting requirements, you will also need to conduct an annual report with police. Your personal details will be checked during this process. This is often where failures to comply properly with the initial report or ongoing reporting obligations are identified. This can result in charges being laid for breach of the reporting obligations.
How Long Will I Be on the Register for?
The length of time you must remain on the register depends on the offence. For adult offenders, the length will be 8 years, 15 years, or life, depending on the nature of the offence and number of convictions.
Monitoring and Restrictions for Registered Offenders
Victoria Police's Sex Offender Management Unit (SOMU) monitors registered individuals. Depending on your case, you may also face:
- Random visits to verify your residence and devices
- Electronic monitoring or curfews (in higher-risk cases)
- Restrictions on employment, especially with children or vulnerable people
- Limitations on internet use or social media access
Impacts on Employment, Housing and Travel
Being listed on the Sex Offenders Register can have serious practical consequences:
Employment
- You are prohibited from working in child-related roles or positions of trust (e.g. schools, childcare, religious institutions)
- Many employers conduct background checks - being on the register may prevent you from securing certain jobs, even if your offence was historic.
Housing
- Some public housing applications may be refused
- Rental applications may be impacted, particularly in shared or family-friendly housing or any place that is very proximate to a school.
International Travel
- Many countries, including the US and UK, have restrictions on entry for registered sex offenders.
Frequently Asked Questions
Is the Sex Offenders Register public in Victoria?
No. The register in Victoria is not public. Only specific authorities, such as police and select government agencies, have access. It is a criminal offence to disclose information from the register to the public.
Am I still allowed to have contact with my children?
Can I be removed from the register early?
Do juvenile offenders go on the register?
What if I breach reporting obligations?
Need Advice? Speak With a Defence Lawyer
If you're facing a
sexual offence charge or you've been told you may be
subject to the Sex Offenders Register, get legal advice
immediately. We've assisted clients with:
- Avoiding registration where discretion applies
- Negotiating charges with prosecution in a way which reduces the duration of the order
- Minimising sentence outcomes
- Challenging allegations of non-compliance
- Plea hearings for breaches of the register
- Applying to have reporting obligations suspended.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
