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Sex Offender Registry – Failing to Comply With Reporting Conditions

Sexual Offences – VIC

Welcome to the VIC Sex Offender Registry – Failing to comply with reporting conditions article page. Everything you need to know about Sex Offender Registry – Failing to comply with reporting conditions according to VIC law.

What the Law States according to VIC Law for Sex Offender Registry – Failing to comply with reporting conditions

According to VIC Law for the charge of Sex Offender Registry – Failing to comply with reporting conditions,

Sex Offenders Registration Act 2004 – SECT 46
Offence of failing to comply with reporting obligations

46. Offence of failing to comply with reporting obligations

(1) A registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse.

The Maximum Penalty – Sex Offender Registry – Failing to comply with reporting conditions

According to VIC Law for the charge of Sex Offender Registry – Failing to comply with reporting conditions:

Penalty: Level 6 imprisonment (5 years maximum)

What the Police must prove according to VIC Law for Sex Offender Registry – Failing to comply with reporting conditions

1. That the accused was a registrable offender
2. That there was a failure to comply with reporting conditions
3. That there is not a reasonable excuse

Possible Defences under VIC Law – Sex Offender Registry – Failing to comply with reporting conditions

1. Factual dispute

2. That notice of the conditions were not given and the accused was otherwise unaware of the conditions.

3. Reasonable excuse. The Act says the following;

In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters-

(a) the person’s age; and

(b) whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations; and

(c) whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender’s circumstances; and

(d) any other matter the court considers appropriate.

In VIC which court will hear the matter – Sex Offender Registry – Failing to comply with reporting conditions

Magistrates’ Court

 

Date: 05/07/2011

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