Proposal for reform
Maintaining records and register
9.187The oversight function in relation to records and the central register would involve:
- maintaining the records of those assessed for participation in and those who completed the alternative process; and
- maintaining a centralised register of those who complete the alternative process and releasing this information to certain bodies in certain situations.
Maintenance of records
9.188In our view it is important that records are maintained centrally in order to:
- enable providers to have access to this information when conducting risk assessments, so they can ascertain if a perpetrator had been through the alternative process previously or if the same victim and perpetrator had already been assessed and denied access to the alternative process by another provider; and
- be available in case a party seeks review of a decision of a provider.
Register of perpetrator completion of programmesTop
9.189As noted above, in our view it would be necessary for a register to be maintained of those perpetrators who have completed the alternative process.
9.190In our view the register should include:
- identifying information in respect of the perpetrator and victim (including name, date of birth, sex, and address);
- details of the act/s of sexual violence as agreed during the alternative process (including the date or period of the act/s of sexual violence) and addressed by the perpetrator;
- the date of the completion of the programme; and
- any conditions that had been agreed to and the dates they were fulfilled.
9.191As outlined above, disclosure of information on the register in the form of a “record of completion” should only be able to be released:
- to the Police at completion of the alternative process. This should be done as a matter of course in order to ensure the perpetrator is not prosecuted for the same incident of sexual violence.
- if the perpetrator is convicted of a subsequent sexual offence, upon request, to the Department of Corrections for the purpose of preparing a court presentence report or in respect of parole decisions.
9.192In other respects, the records and registers would be confidential to the provider and would not be publicly available or able to be disclosed under the Official Information Act 1982, although individuals could apply under the Privacy Act 1993 for information about themselves.
- R68 Records of the assessment decisions of a provider should be maintained in a central register (see R 63).
- R69 The statute should provide that information may only be released from the central register in the form of a “record of completion” in the situations noted at paragraphs 9.140 to 9.145 of this Report.