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Furnish False or Misleading Information (Sex Offender Registry)

In Victoria, section 47 of the Sex Offender Registration Act 2004 contains the offence of Furnish False or Misleading Information (Sex Offender Registry) which is intentionally providing false information to the Sex Offender Register.

Do the Police want to speak with you about Furnishing False or Misleading Information (Sex Offender Registry)?

We can give you confidential advice about how you should run your case. Our lawyers have dealt with many of these types of matters and know what evidence the Police need to prove the charge of Furnishing False or Misleading Information. We will make sure that you are not pleading guilty to a charge that cannot be proven.

Police interview
Call us to ask about how to handle your matter.

You should remember that anything you tell the Police can be used in evidence to support their case.

Do the Police want to speak with you about an allegation of Furnishing False or Misleading Information? It is important to the success of your case, that you call us to speak with one of our experienced lawyers before you go to the interview.

Pleading not guilty
We are defence lawyers who specialise in Furnishing False or Misleading Information (Sex Offender Registry) charges and we can answer your questions. We know how to run successful defences.

We also know how to properly prepare for pleas of guilty to make sure the Magistrate hears all relevant things that are key to a good outcome.

Pleading guilty
We are also experienced in appearing in pleas of guilty. We can prepare your plea to get the best possible outcome. Our attention to detail can change the outcome of your punishment. A good plea depends on knowing what Judges need to hear and gathering mitigating material.

  • Contact an expert in charges of Furnishing False or Misleading Information (Sex Offender Registry) on (03) 9670 5111.
  • We provide a free first phone conference.
  • Download our free booklet to learn more about the Investigation and Court process.
These kinds of cases are heard in the Magistrates’ Court.
 
Examples of Furnish False or Misleading Information (Sex Offender Registry)
  • A registered sex offender makes a false statement about where she lives.
  • A registered sex offender misleads police officers about children he has contact with.
What is the legal definition of Furnish False or Misleading Information (Sex Offender Registry)?
Furnish False or Misleading Information is when a registered sex offender provides information that is inaccurate, incorrect or misleading. And the information is in relation to requirements under the Sex Offenders Registry.

Legislation
The section that covers this offence is section 47 of the Sex Offenders Registration Act 2004.

Offence of Furnishing False or Misleading Information
  1. A registrable offender who in purported compliance with this Part furnishes details (other than details to which section 14 applies) that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units).
  2. A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 6 imprisonment (5 years maximum).
  3. A registrable offender who in purported compliance with this Part furnishes details to which section 14(1)(a), (b), (c), (h), (i) or (l) applies that the registrable offender knows to be false or misleading in a material particular is guilty of an offence and liable to level 7 imprisonment (2 years maximum).1
Elements of the offence
A person may be found guilty of the offence of Furnish False or Misleading Information (Sex Offender Registry) if the following elements are proven in court beyond reasonable doubt:

  1. The accused is a registrable sex offender; and According to section 6 of the Sex Offenders Registration Act 2004, “a registrable offender is a person whom a court has at any time (whether before, on, or after 1 October 2004) sentenced for a registrable offence.”2
  2. “The accused provided details to the Register that he or she knows to be false or misleading in a material particular; or
  3. The accused provided details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) of the Sex Offenders Registration Act 2004 applies and which the registrable offender knows to be false or misleading in a material particular; or
  4. The accused provided details to which section 14(1)(a), (b), (c), (h), (i) or (l) of the Sex Offenders Registration Act 2004 applies and which the registrable offender knows to be false or misleading in a material particular.3


[1] Australian legal Information Institute. “Sex Offenders Registration Act 2004 – Section 47: Offence of Furnishing False or Misleading Information.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/sora2004292/s47.html (accessed June 18, 2020).
[2] Australian legal Information Institute. “Sex Offenders Registration Act 2004 – Section 6: Who is a Registrable Offender?” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/sora2004292/s6.html (accessed January 30, 2020).
[3] Australian legal Information Institute. “Sex Offenders Registration Act 2004 – Section 47: Offence of Furnishing False or Misleading Information.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/sora2004292/s47.html (accessed January 30, 2020).

 
What are some of the possible defences to a charge of Furnish False or Misleading Information (Sex Offender Registry)?
  • The information provided was not false or misleading.
  • You were not aware of your obligations in relation to the information.
There are other possible defences depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you say something to the Police about yourself or your circumstances that was incorrect?
  • Can they prove that something you said was false?​
“Did the police misunderstand what you said?

The maximum penalty for this offence is level 7 imprisonment (2 years).
 
What can you be sentenced to for this charge?
If the false information concerns your contact with children, then you might go to jail if you are found guilty. However, if the false information is less serious, then you may only incur a fine or a Community Corrections Order. Obviously every case depends on its own facts and what can be said in your favour.

Sentencing in the higher courts
Sentencing Statistics Pie Chart for Furnish False or Misleading Information in the Higher Courts
The sentencing statistics show that of all the people who pleaded guilty to Furnishing False or Misleading Information (Sex Offender Registry) in the County Court received a term of imprisonment. Less than half who pleaded guilty to Furnish False or Misleading Information (Sex Offender Registry) in the Magistrates’ Court received a term of imprisonment. Others received a Community Correction Order, fine or adjourned undertaking.

The difference between receiving a prison sentence and a Community Correction Order can be:

  • Obtaining an expert psychological report which explains to the sentencing Court how your mental illness (if any) may have impacted your wrong-doing.
  • Undergoing treatment to address risk.
  • Demonstrating genuine remorse.

Sentencing in the Magistrates’ Courts
Sentencing Statistics Pie Chart for Furnish False or Misleading Information in the Magistrates' Courts
Please note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.4


[4] Sentencing Advisory Council. “Suspended Sentence.” SentencingCouncil.vic.gov.au. https://www.sentencingcouncil.vic.gov.au/about-sentencing/sentencing-options-for-adults/suspended-sentence (accessed January 29, 2019).