Victorian Law Reform Commission proposes major changes to sex offenders register

A dramatic overhaul of the sex offenders register could see criminals live free and unchecked, with fears it may see them allowed to work with kids.

Convicted sex offenders could live free and unchecked under a radical series of recommendations by Victoria’s law reform agency.

The Victorian Law Reform Commission has formally called for judges to be given the discretion to keep offenders off the sex offenders register.

Mandatory registration would be scrapped, there would be a presumption against the registration of young offenders, and registration periods would be reduced under the recommendations.

The changes, if implemented, would be the biggest overhaul of the sex offenders register since it was introduced in 2004.

And it would mean convicted sex offenders could potentially be employed in schools, transport services, religious organisations or other associations that provide services to children.

A spokesperson for the Andrews government said while the recommendations were being considered, there were no plans to change existing sex offender register laws.

Sex offenders may be removed from the register if a judge found it unlikely the convicted person was to reoffend.

The VLRC made the recommendations in the recent report, Improving the Justice System Response to Sexual Offences.

It found the current register was too broad, inflexible and difficult to manage.

Under current Victorian legislation, courts must list a range of sex offenders on the register for anywhere between four years and life.

While on the register, offenders must keep police informed of their whereabouts and their personal details and face significant penalties for breaching their obligations.

They are also prohibited from volunteering or working in child-related areas.

But the County Court, Victoria Legal Aid, the Law Institute of Victoria, Liberty Victoria and the Criminal Bar Association all made submissions that an overhaul was long overdue.

The VLRC proposed the implementation of a suite of recommendations in line with the submissions.

“These recommendations were designed to strengthen the registration scheme by sharpening its focus,” it said.

“Because the register was over-inclusive, large and expensive, we proposed to limit its use to those most likely to reoffend.

Shadow Attorney-General Michael O’Brien said changing the register was “a risk not worth taking”. Picture: David Crosling

The VLRC stopped short of making any recommendations regarding a public register for sex offenders.

Shadow Attorney-General Michael O’Brien warned against changes to the existing registration regimen for sex offenders.

“The sex offenders register is there to keep the community safe from predators. Labor must rule out any changes which would weaken the register and put Victorians at risk,” he said.

“Judges don’t have a crystal ball to know whether a sex offender will reoffend so there are real concerns with giving judges the power to remove a convicted sex offender from the register.

A government spokesperson said they were considering the recommendations but had no plans to change sex offender register laws.

Any fundamental changes to the way Victoria approached registration would require careful consideration and consultation.