Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry)

Which court will the case be heard in?

A matter such as this will likely be heard in the Magistrates’ Court.

Meaning of Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry)

The legal definition of the Offence of Failing to Comply With Reporting Obligations (Sex Offender Registry) can be found on section 46 of the Sex Offenders Registration Act 2004:

Offence of Failing to Comply With Reporting Obligations

1. A registrable offender who without reasonable excuse fails to comply with any of the registrable offender’s reporting obligations (other than reporting obligations in respect of details to which section 14 applies) is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
   • 1A. A registrable offender who without reasonable excuse fails to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
   • 1B. A registrable offender who without reasonable excuse fails to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies is guilty of an offence and liable to level 7 imprisonment (2 years maximum).
2. 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—
   1. the person’s age; and
   2. whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations; and
   3. 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
   4. any other matter the court considers appropriate.
3. It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.¹

Elements of the offence

The prosecution must prove the following elements for an accused to be found guilty:

• The accused is a registrable sex offender; and
• The accused failed to comply with any of the registrable offender’s reporting obligations (other than reporting obligations in respect of details to which section 14 of the Sex Offender Registration Act applies); or
• The accused failed to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) of the Sex Offender Registration Act applies); or
• The accused failed to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(a), (b), (c), (h), (i) or (l) of the Sex Offender Registration Act applies; and
• The accused had no reasonable excuse for the non-compliance.

Defences

The defence to these charges can be around what the person was told about their requirements and issues of fact. Talk to a criminal defence lawyer to discuss the particulars of your case.

Maximum penalty for section 46 of the Sex Offenders Registration Act 2004

A person found guilty of this charge may be sentenced to a maximum of 5 years imprisonment.

Sentencing

If you plead guilty to Failing to Comply with Reporting Obligations (Sex Offender Registry) you may receive a prison sentence. However, with a properly prepared plea which explains the context of your wrong-doing, the Court may impose a Community Correction Order, a fine or an Adjourned Undertaking.

You can also improve your prospects of avoiding a prison sentence by providing the Court with material to demonstrate that you are undergoing treatment for the cause of original offending which placed you on the Sex Offender Register.


_{[1] Australian legal Information Institute. “Sex Offenders Registration Act 2004 – Section 46: Offence of failing to comply with reporting obligations .” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/sora2004292/s46.html (accessed June 22, 2020).}