None. Appendix A — Sex Offenders Register — Classification of Registrable Offences¶
Sex Offenders Registration Act 2004 (Vic), Schedules 1–4. Class turns on three factors: the age of the complainant; whether the offender is a statutory “serious sexual offender” (s 8); and whether registration is automatic or discretionary.
Under section 11(1) of SORA, if a court finds a person guilty of an offence committed as an adult that is not a Class 1 or Class 2 offence (which includes an unlisted offence, or a Class 3 or Class 4 offence: therefore, the foundational offence itself does not strictly have to be a sexual offence for the court to enliven this power), the court retains the discretion to order that the person comply with the reporting obligations of the Act. Similarly, section 11(2) grants the court the power to make such an order if the person committed the offence as a child. Furthermore, under section 11(1A), a police officer may proactively apply to the Magistrates' Court for a sex offender registration order to be made against the offender.
Therefore, my advice is that while the section 19 offence does not automatically render the client a registrable offender, they can still be registered if the sentencing court actively exercises its discretion to impose a sex offender registration order under section 11 of SORA.
SORA contains a specific deeming provision to calculate the reporting period. Under section 34(4)(b) of SORA, a person subject to a sex offender registration order who is found guilty of any offence other than a Class 3 offence (which captures unlisted summary offences and Class 4 offences) is deemed to have been found guilty of a Class 2 offence.
Registration classes at a glance¶
| Class | Schedule | What it captures | Registration trigger | Baseline reporting period |
|---|---|---|---|---|
| Class 1 | Schedule 1 | The most serious statutory offences, primarily the sexual penetration of a child (e.g. rape of a child, incest with a child). | Automatic and mandatory where sentenced as an adult. The judge has no discretion to exempt a mature adult, and there is no right of appeal against inclusion. | 15 years (single offence). Mandatory life for a single conviction of persistent sexual abuse of a child under 16 (s 49J(1), or repealed s 47A(1)) — s 34(1)©(ia). |
| Class 2 | Schedule 2 | A broader range of child-related sexual offences generally not involving penetration: indecent assault of a child, grooming, possessing or producing child abuse material, burglary with intent to sexually assault a child. Bestiality (s 54A(1)) is expressly classified here. | Automatic and mandatory where sentenced as an adult. | 8 years (single offence). 15 years for 2 offences (Pursuant to section 34(1)(b)(ii) of SORA) |
| Class 3 | Schedule 3 | Serious sexual acts (usually penetrative) committed against a person other than a child. Under s 8, a Schedule 3 offence becomes a Class 3 offence ONLY if committed by a “serious sexual offender” — i.e. a person sentenced, at any time, for two or more offences listed in any SORA Schedule. | Discretionary — not automatic. The prosecution must apply for a Sex Offender Registration Order under s 11. The court must be satisfied beyond reasonable doubt that the person poses a risk to the sexual safety (not defined in the act) of one or more persons or of the community. | If an order is made, treated as a Class 1 offence — 15-year baseline. |
| Class 4 | Schedule 4 | Non-penetrative sexual offences, or other related registrable offences, committed against a person other than a child. As with Class 3, s 8 requires that the offence be committed by a statutory “serious sexual offender”. | Discretionary — requires a s 11 order from the court based on a proactive risk assessment, proven beyond reasonable doubt. | If an order is imposed, treated as a Class 2 offence — 8-year baseline. |
Offences by SORA class¶
Section references are to the Crimes Act 1958 (Vic) unless otherwise stated. The same Crimes Act provision can fall into different classes depending on the victim’s age and the offender’s serious-sexual-offender status — e.g. ss 40, 42, 44–47, 52C–52E appear in Class 2 (child) and again in Class 4 (adult).
Class 1 — Schedule 1
| Provision(s) | Offence |
|---|---|
| Subdivs (8A)–(8FA), Div 1 Pt I | Any offence involving sexual penetration where the victim is a child (e.g. rape of a child, incest with a minor, the s 49A/49B/49C child penetration offences). |
| s 49J(1) | Persistent sexual abuse of a child under 16. |
| s 49S(1) | Facilitating a sexual offence against a child. |
| s 53E(1) | Aggravated sexual servitude. |
| Cth Criminal Code | Various offences re sexual intercourse or sexual activity with a child outside Australia. |
| Historical / repealed | Various historical offences involving child sexual penetration and aggravated sexual servitude. |
Class 2 — Schedule 2
| Provision(s) | Offence |
|---|---|
| Child sexual assault & contact | |
| s 40(1), s 41(1) | Sexual assault, and sexual assault by compelling sexual touching, against a child. |
| s 42(1), s 43(1) | Assault with intent to commit, or threat to commit, a sexual offence against a child. |
| s 48(1) | Sexual activity directed at a child. |
| s 49D(1), s 49E(1) | Sexual assault of a child under 16, or of a child aged 16/17 under care or supervision. |
| s 52C(1) | Sexual assault of a person with a cognitive impairment or mental illness (who is a child). |
| Procuring, grooming & preparatory offences | |
| s 44(1), s 45(1) | Procuring a sexual act by threat or fraud against a child. |
| s 46(1) | Administering an intoxicating substance for a sexual purpose to a child. |
| s 47(1), s 49P(1) | Abduction or detention of a child for a sexual purpose. |
| s 49M(1) | Grooming for sexual conduct with a child under 16. |
| s 49N(1) | Loitering near schools etc. by a sexual offender. |
| Sexual exposure & presence | |
| s 49F(1), s 49G(1) | Sexual activity in the presence of a child. |
| s 49H(1), s 49I(1) | Causing a child to be present during sexual activity. |
| s 49K(1), s 49L(1) | Encouraging a child to engage in, or be involved in, sexual activity. |
| s 52D(1), s 52E(1) | Sexual activity in the presence of, or causing the presence of, a child with a cognitive impairment or mental illness. |
| Sexual performances & material | |
| s 49Q(1), s 49R(1) | Causing, allowing, inviting or offering a sexual performance involving a child. |
| ss 51B(1)–51I(1) | All child abuse material offences (producing, distributing, administering/encouraging websites, possessing, accessing, and assisting apprehension avoidance) — provided the material is sexual in nature. |
| Commercial sexual services | |
| s 53G(1) | Aggravated deceptive recruiting for commercial sexual services. |
| ss 53H(1), 53I(1), 53J(1), 53K(1) | Causing, obtaining benefit from, agreeing to, or allowing commercial sexual services involving a child. |
| Other | |
| s 54A(1) | Bestiality. |
| s 76, s 77 | Burglary or aggravated burglary entered with intent to commit a sexual offence against a child. |
| Sex Work Act 1994; Cth Criminal Code | Various Sex Work Act offences involving children, and Cth offences relating to carriage services, child pornography, and child trafficking for sexual services. |
- Child abuse material offences (ss 51B(1)–51I(1)) are Class 2 only where the material is sexual in nature.*
Class 3 — Schedule 3 (adult victim AND offender is a “serious sexual offender”)
| Provision(s) | Offence |
|---|---|
| Subdivs (8A)–(8FA), Div 1 Pt I | Any offence involving sexual penetration against an adult (e.g. rape of an adult). |
| Historical / repealed | Various historical equivalents of adult sexual penetration offences. |
Class 4 — Schedule 4 (adult victim AND offender is a “serious sexual offender”)
| Provision(s) | Offence |
|---|---|
| Non-penetrative sexual assault | |
| s 40(1), s 41(1) | Sexual assault, and sexual assault by compelling sexual touching. |
| s 52C(1) | Sexual assault of an adult with a cognitive impairment or mental illness. |
| Threats & preparatory offences | |
| s 42(1), s 43(1) | Assault with intent to commit, or threat to commit, a sexual offence. |
| s 44(1), s 45(1) | Procuring a sexual act by threat or fraud. |
| s 46(1) | Administration of an intoxicating substance for a sexual purpose. |
| s 47(1) | Abduction or detention for a sexual purpose. |
| Exposure | |
| s 52D(1), s 52E(1) | Sexual activity in the presence of, or causing the presence of, an adult with a cognitive impairment or mental illness. |
| Commercial sexual services | |
| ss 53B(1), 53C(1), 53D(1), 53F(1) | Using force or threats for commercial sexual services, sexual servitude, and deceptive recruiting. |
| Other | |
| s 76, s 77 | Burglary or aggravated burglary entered with intent to commit a sexual offence against an adult. |
General inclusions across all classes¶
| Limb | Inclusion (applies across all four Schedules) |
|---|---|
| Intention | Offences where an element is an intention to commit a listed offence. |
| Inchoate | Attempting, conspiring, or inciting to commit a listed offence. Inchoate offences share the exact same classification as the substantive (principal) offence under SORA. The legislative basis for this is: Class 1 Offences: Schedule 1, item 12 captures "An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule". Class 2 Offences: Schedule 2, item 33 captures "An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule". Class 3 Offences: Schedule 3, item 6 captures "An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule". Class 4 Offences: Schedule 4, item 14 captures "An offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this Schedule". |
| Cross-border | Equivalent offences committed under the laws of a foreign or interstate jurisdiction. |
Key procedural takeaways¶
| Mechanism | Practical effect |
|---|---|
| Young-adult exemption (s 11A) | Where registration would otherwise be an automatic statutory consequence of a Class 1 or Class 2 finding of guilt, s 11A provides an avenue for younger clients. If the offender was 18 or 19 at the time of the offence, counsel can apply for a Registration Exemption Order for “specified offences” (including possession of child abuse material, or offences where the victim was at least 14). The court may grant it if satisfied, on the balance of probabilities, that the young offender poses no risk or a low risk to the sexual safety of the community. |
| Juveniles (section 35(1) and 35(2)) | Under section 35(1) and 35(2) of SORA, if the offender was a child at the time of the offending, the reporting period is halved (e.g., a life obligation is reduced to 7.5 years). |
| Contesting s 11 applications (Class 3 / 4) | Keeping a client off the register for Class 3 and 4 offences requires actively contesting the prosecution’s s 11 application at sentencing. While common-law authorities refer to a “real, rather than fanciful” risk, the statutory burden rests on the prosecution to prove the existence of a risk beyond reasonable doubt — a high standard the defence can hold the prosecution to. |
| Combinations Resulting in Life Registration | Pursuant to section 34(1)©, a registrable offender must continue to comply with the reporting obligations imposed by SORA for the remainder of their life if they have ever been found guilty of any of the following four combinations: Two or more Class 1 offences: (section 34(1)©(i)). A single offence of "Persistent Sexual Abuse of a Child": (section 34(1)©(ia)). This specifically applies to a single offence referred to in Item 2 or Item 4 of Schedule 1 of SORA. Item 2 refers to an offence against section 49J(1) of the Crimes Act 1958 (Vic) (persistent sexual abuse of a child under the age of 16). Item 4 refers to the repealed predecessor offence against section 47A(1) of the Crimes Act 1958. One Class 1 offence AND one or more Class 2 offences: (section 34(1)©(ii)). Three or more Class 2 offences: (section 34(1)©(iii)). Classes 3 & 4: A person found guilty of a Class 3 offence is deemed to have been found guilty of a Class 1 offence (section 34(4)(a)). A person found guilty of a Class 4 offence, or any other offence resulting in registration that is not a Class 3 offence, is deemed to have been found guilty of a Class 2 offence (section 34(4)(b)). |
| Onerous Reporting Obligations (Part 3, Divisions 1 & 2) | Placement on the register imposes strict, ongoing, and highly intrusive reporting obligations on the offender: Initial Report: Under section 12(1) of SORA, an offender must report their personal details to the Chief Commissioner of Police within 7 days of being sentenced or within 7 days of ceasing government custody, whichever is later. Annual Reporting: Under section 16(1) and 16(2) of SORA, the offender must confirm their details annually by the end of the calendar month of the anniversary of their first report. Scope of Details: Section 14(1) of SORA details the extensive information required, including all names, date of birth, residential addresses, places where the offender sleeps on a regular basis, telephone numbers, email addresses, internet and chat room user names, details of any child with whom they have contact (including the child's age, address, and the location of contact), employment details, club affiliations involving children, vehicle details, tattoos or distinguishing marks, and passport details. Change of Circumstances: Under section 17(1) of SORA, changes to most personal details must be reported within 7 days. However, under section 17(1A) of SORA, changes to an offender's residential address, the places where they regularly sleep, or the children with whom they have contact must be reported within one single day of the change occurring. Travel Restrictions: Under section 18(1) and 18(2) of SORA, an offender must report intended travel out of Victoria for 2 or more consecutive days, or any travel out of Australia, at least 7 days before leaving, providing their itinerary and intended addresses. If travelling out of Australia, section 21A(2) of SORA requires the offender to produce their passport to police. Under section 20(2) and 20(2A) of SORA, the offender must report their return to Victoria within 7 days, or within 1 day if returning from out of Australia. |
| Prohibitions on Employment and Civil Liberties | Placement on the register significantly restricts the offender's civil liberties: Child-Related Employment: Under section 68(1) of SORA, a registrable offender is strictly prohibited from applying for or engaging in child-related employment. Under section 69(1) and 69(2) of SORA, they must disclose any pending charges for registrable offences to current or prospective employers in child-related work. Change of Name and Sex: Under section 70C(1) of SORA, an offender must not make an application to the Victorian Registrar to change their name without first obtaining the written approval of the Chief Commissioner of Police. Under section 70Q(1) of SORA, a similar prohibition applies to making an acknowledgement of sex application. Overseas Travel Bans: While distinct from SORA, under section 271A.1 of the Criminal Code Act 1995 (Cth), an Australian citizen whose name is entered on a State or Territory child protection offender register commits a Commonwealth offence if they leave Australia. |
| Intrusive Police Powers and Enforcement | Registered sex offenders are subject to expanded police powers: In-Person Reporting: Under section 23(1) of SORA, initial reports, annual reports, reports regarding overseas travel, changes of address, and reports of new tattoos must be made in person. Forensic Procedures: Under section 27(1) of SORA, a police officer may take fingerprints or a fingerscan from the offender when they make a report, especially if identity is not reasonably satisfied. Under section 27A(1) of SORA, police may also require the offender to be photographed and to expose any part of their body to allow tattoos or distinguishing marks to be photographed. Under section 28(2) of SORA, reasonable force may be used to obtain these if the offender refuses to cooperate voluntarily. Search Warrants: Under section 47A(1) of SORA, a police officer of or above the rank of senior sergeant may apply to a magistrate for a search warrant for the offender's premises or vehicle to investigate a suspected offence against the Act or to seize evidentiary material concerning the offender's identity or location. Publication of Details: Under section 61A(1) and 61A(2) of SORA, if the offender fails to comply with reporting obligations or their whereabouts are unknown, the Chief Commissioner of Police may publish their personal information (including photographs) on an internet site to assist in locating them or protecting the community. Prohibition Orders: Under section 66D(1) of SORA, the Chief Commissioner of Police may apply for a Prohibition Order. Under section 66I(1), the court may make a final prohibition order if satisfied the offender poses a risk to the sexual safety of the community. Section 66Q(2) allows these orders to prohibit the offender from associating with specified persons, attending specified places, engaging in specified employment, or consuming alcohol or drugs of dependence. Crucially, under section 66U(2) and 66V(1), the court may impose "monitoring conditions" authorising police to enter the offender's premises without a warrant, search the premises, and seize items. |
| Bowden v The Queen [2013] VSCA 382 Section 11 SORA Registration of non-classed offences |
Stage 1: Establishing the Risk Beyond Reasonable Doubt The primary statutory gateway under section 11(3) requires the court to be satisfied, beyond reasonable doubt, that the person poses a risk to the sexual safety of one or more persons or of the community. The Court in Bowden established several crucial evidentiary parameters for this test: A "Real" Risk: The risk cannot be fanciful or theoretical; it must be assessed as a real risk to satisfy the criminal standard of proof. Future Risk Upon Release: The evaluation of risk is directed toward the risk the offender will pose upon their ultimate release into the community, not the risk they pose while incarcerated. Evidentiary Burden: The onus of proof rests strictly on the prosecution throughout the application. Stage 2: The Exercise of Discretion If the requisite risk is established, the court must then exercise its discretion on whether the order should be made in all the relevant circumstances. This involves balancing the magnitude and nature of the identified risk—including the degree of likelihood of the risk eventuating and the gravity of potential harm—against the serious and onerous consequences for the offender of being subject to the reporting regime. The restriction on the offender's liberty and autonomy should only be impaired to the extent reasonably necessary to achieve the legislative purposes of SORA. |
| Blyss v The Magistrates' Court of Victoria (13 September 2016) Extent of “sexual safety” under s11 |
A Supreme Court decision that applied the principles of Bowden v The Queen. In Blyss, Justice Zammit explicitly considered whether committing further wilful and obscene exposures in similar circumstances would harm the sexual safety of one or more persons or of the community. Her Honour reasoned that because scheduled offences under the Sex Offenders Registration Act 2004 (such as transmitting indecent communications to minors) are deemed to harm sexual safety, "it is difficult to see how masturbating in public where minors might see would not harm sexual safety". Consequently, Zammit J found that it was open to the Magistrate to be satisfied beyond reasonable doubt that a real risk of committing further wilful and obscene exposures amounted to a risk to the sexual safety of the community |
| Offences and Penalties for Non-Compliance (Part 3, Division 7) | The penalties for failing to adhere to the SORA obligations are severe: Under section 46(1A) of SORA, failing to comply with key reporting obligations (such as address, child contact, employment, internet names, and travel) without a reasonable excuse is an offence carrying a maximum penalty of Level 6 imprisonment (5 years). Under section 46(1B) of SORA, failing to comply with administrative reporting obligations (like changes to names or tattoos) carries a maximum penalty of Level 7 imprisonment (2 years). Under section 47(2) of SORA, furnishing information regarding key details that the offender knows to be false or misleading carries a maximum penalty of Level 6 imprisonment (5 years). Under section 68(1) of SORA, engaging in child-related employment carries a maximum penalty of 240 penalty units or 2 years imprisonment. Under section 66ZP(2) of SORA, contravening a prohibition order without reasonable excuse carries a maximum penalty of Level 6 imprisonment (5 years). |
Section references are to the Sex Offenders Registration Act 2004 (Vic) unless otherwise stated; s 49J(1) and the repealed s 47A(1) are provisions of the Crimes Act 1958 (Vic).