Furnish False or Misleading Information (Sex Offender Registry)

Which court will the case be heard in?

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

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?

Maximum penalty for section 47 of the Sex Offenders Registration Act 2004

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.

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.

Other information

• FindLaw: Furnishing False or misleading information (Sex Offender Registry)

_{[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).}