Victorian Numbered Acts Victorian Numbered ActsAfter section 11 of the Principal Act insert —
(1) Subject to this section, a person who has been found guilty by a court of a registrable offence that is a specified offence may apply for a registration exemption order in respect of the offence if the person—
(a) at any time during the commission of the offence, was 18 or 19 years of age; and
(b) at all times during the commission of the offence, was not more than 19 years of age.
(2) A person may not apply for a registration exemption order if the person—
(a) has been found guilty of another registrable offence that is not a specified offence; or
(b) has been found guilty of another specified offence for which an application for a registration exemption order has been refused; or
(c) was a registrable offender at the time the person committed the specified offence to which the application relates; or
(d) is a corresponding registrable offender or a New South Wales registrable offender.
(3) A person may not apply for a registration exemption order in respect of a specified offence against more than one victim unless the offence relates to the possession of child abuse material or child pornography.
(4) An application may relate to more than one specified offence if—
(a) each specified offence relates to the possession of child abuse material or child pornography; or
(b) each specified offence was committed against the same victim.
(1) On the hearing of an application under section 11A, a court may, by order, declare that the applicant is not a registrable offender in respect of a specified offence if the court is satisfied on the balance of probabilities that—
(a) at all times during the commission of the specified offence—
(i) any victim of the offence is of or over the age of 14 years; or
(ii) any person depicted or described in any material to which the offence relates is of or over the age of 14 years; and
(b) the applicant poses no risk or a low risk to the sexual safety of one or more persons or of the community, having regard to—
(i) the seriousness of the specified offence; and
(ii) the ages of the applicant and any victim of the specified offence at the time of the commission of the specified offence; and
(iii) whether any victim of the specified offence was under the care, supervision or authority of the applicant at the time of the specified offence; and
(iv) whether any victim of the specified offence had a cognitive impairment or mental illness within the meaning of Subdivision (8E) of Division 1 of Part I of the Crimes Act 1958 at the time of the commission of the specified offence; and
(v) where the application relates to more than one specified offence—the number and nature of those specified offences, including whether the specified offences arose out of the same set of circumstances; and
(vi) any other matter that the court considers relevant; and
(c) but for the specified offence, the applicant would not be a registrable offender.
(2) A court must refuse to make an order under subsection (1) if not satisfied as required by subsection (1).
(3) A court may not make an order under subsection (1) in respect of an application referred to in section 11A(2) or (3).
(4) For the purposes of subsection (1)(b), it is not necessary that the court be able to identify a risk posed by the registrable offender to the sexual safety of a particular person or a particular class of person.
(5) In deciding whether to make an order under subsection (1), the court must take into account any submissions made by the Chief Commissioner of Police under section 11F.
(6) An order under subsection (1) may relate to one or more specified offences.
(7) An order under subsection (1) must contain the information, if any, prescribed by the rules of court.
An application under section 11A may be made not later than 6 months after the day on which the applicant is first given notice under section 50 or 54 of the applicant's reporting obligations.
(1) An application under section 11A is made by filing with the relevant court referred to in subsection (2) a document in writing—
(a) stating the grounds on which the application is made; and
(b) containing the information, if any, prescribed by the rules of court.
(2) An application under section 11A is to be made—
(a) to the court that imposed the sentence at first instance for the specified offence to which the application relates; or
(b) if the application relates to more than one specified offence, to the court of the highest jurisdiction that imposed a sentence at first instance for any of the specified offences; or
(c) to the Magistrates' Court, if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.
(3) A copy of an application must be served by the applicant on the Chief Commissioner of Police as soon as practicable after the application is filed.
(1) On the making of a registration exemption order, the person in respect of whom the order is made ceases to be a registrable offender for the purposes of this Act.
(2) Nothing in this Division affects—
(a) any obligation or prohibition that applies to a registrable offender for any period during which the person is a registrable offender; or
(b) the consequences of a failure to comply with an obligation or prohibition referred to in paragraph (a).
(3) A registration exemption order does not prevent a person becoming a registrable offender if—
(a) the person is sentenced for another registrable offence in respect of which no registration exemption order is made; or
(b) the person becomes a corresponding registrable offender or a New South Wales registrable offender in respect of an offence other than an offence to which the registration exemption order relates.
The Chief Commissioner of Police is a party to an application under section 11A and may make any submission to the court in respect of the application.
(1) Without limiting any other evidence that may be adduced, the following is admissible as evidence in the hearing of an application under section 11A—
(a) the transcript or other record of the evidence given by a victim in the trial or sentencing hearing of the applicant for a specified offence to which the application relates;
(b) a victim impact statement tendered in the sentencing hearing of the applicant for a specified offence to which the application relates.
(2) A court must not grant leave to cross-examine a victim referred to in subsection (1) in the hearing of an application under section 11A.".