Overhaul call for register
RAPISTS and other sex offenders could live unchecked in the community under a radical proposal by Victorian judges.
Under a proposal by the County Court, judges would have the discretion to keep convicted sex offenders off the sex offenders register.
Such a move would be the biggest overhaul of the register since it was introduced in 2004. And it would mean offenders could potentially be employed in schools, transport services, religious organisations, or other associations providing services to children.
The County Court proposal, in a submission to the Victorian Law Reform Commission, is in line with similar submissions by Victoria Legal Aid, the Law Institute of Victoria, Liberty Victoria and the Criminal Bar Association amid criticisms the current sex offenders register is ineffective and out of date.
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 has argued for more discretion in listing offenders on the register. And they want the power to remove others from the register.
“Some judges have concerns with the sex offenders register scheme in relation to its application to young offenders and their rehabilitation,” the submission says.
“Specifically, in relation to the mandatory registration of a young person for life, which has a significant impact on their rehabilitation and life prospects.”
Offenders who were 18 or 19 at the time of offending can currently apply to be exempt from the register.
But judges say they should be free to leave offenders off the register with hearing an exemption application. And they want the discretion to be “extended beyond when a person is 19 years of age”.