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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Child Protection (Offender
Prohibition Order) Bill 2007
Queensland
Child Protection (Offender Prohibition
Order) Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Explanation of references to offender prohibition orders . . . . . . . 7
Part 2 Offender prohibition orders
Division 1 Orders
6 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 How a proceeding for an order is started . . . . . . . . . . . . . . . . . . . 8
8 Making an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Matters a court must consider before making an order . . . . . . . . 10
10 Court must order a report before making an order for a child
respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Conduct that may be prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Term of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Temporary orders
13 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Applying for a temporary order . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Temporary order made by a magistrate . . . . . . . . . . . . . . . . . . . . 15
16 Temporary order made by a court . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Conduct that may be prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Term of a temporary order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Extending a temporary order if an application for a final order is
adjourned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Child Protection (Offender Prohibition Order) Bill
2007
Division 3 Other provisions about offender prohibition orders
20 Who may be present at the hearing of an application . . . . . . . . . 19
21 Making an offender prohibition order for an adult respondent by
consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Varying or revoking an offender prohibition order. . . . . . . . . . . . . 21
23 Explaining and giving notice of an offender prohibition order to
the respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Giving the respondent a copy of an offender prohibition order
dealt with in the respondent's absence . . . . . . . . . . . . . . . . . . . . 23
25 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 3 Corresponding order
26 Application for registration of a corresponding order in
Queensland .................................... 24
27 Registration of a corresponding order . . . . . . . . . . . . . . . . . . . . . 24
28 Action by the registrar and commissioner after registration of a
corresponding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Effect of registration of a corresponding order . . . . . . . . . . . . . . . 27
30 Varying a registered corresponding order . . . . . . . . . . . . . . . . . . 27
31 Cancelling the registration of a registered corresponding order. . 28
Part 4 Reportable offender obligations
32 Offender reporting requirement after an offender prohibition
order is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Offender reporting requirement after the registration of a
corresponding order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 5 Offences
34 Failure to comply with an offender prohibition order. . . . . . . . . . . 29
35 Proof of knowledge of a particular condition in a particular
circumstance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
36 Matters relevant to the reasonable excuse defence . . . . . . . . . . . 31
37 Prohibition on disclosing particular matter . . . . . . . . . . . . . . . . . . 31
Part 6 Obtaining and disclosing particular information
38 Commissioner to be given information about a relevant sexual
offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
39 Commissioner may give information about an offender
prohibition order to prescribed entities . . . . . . . . . . . . . . . . . . . . . 34
40 Disclosure of information by particular officials . . . . . . . . . . . . . . 35
41 Chief executive (communities) to be given information about a
child respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
42 Duty of officials obtaining information. . . . . . . . . . . . . . . . . . . . . . 37
3
Child Protection (Offender Prohibition Order) Bill
2007
43 Commissioner may give information about an offender
prohibition order to other particular persons . . . . . . . . . . . . . . . . 37
44 Protection from liability for giving information . . . . . . . . . . . . . . . . 37
Part 7 Legal proceedings
45 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
46 Application of Evidence Act 1977. . . . . . . . . . . . . . . . . . . . . . . . . 38
47 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 8 Appeals
48 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
49 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Nature of an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
51 Powers on an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Court may not award costs unless an application is frivolous or
vexatious or another abuse of process. . . . . . . . . . . . . . . . . . . . . 42
Part 9 Miscellaneous
53 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
54 No filing fee is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
57 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 10 Amendment of Child Protection Amendment Act 2000
58 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
59 Amendment of schedule (Amendments for omission of chapter
7, part 7 of the Child Protection Act 1999) . . . . . . . . . . . . . . . . . . 44
Part 11 Amendment of Child Protection (Offender Reporting) Act
2004
60 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 Amendment of s 5 (Reportable offender defined) . . . . . . . . . . . . 45
62 Amendment of s 13 (Offender reporting orders) . . . . . . . . . . . . . 45
63 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
50A Doing things prohibited under Commission for
Children and Young People and Child Guardian Act
2000 .................................. 46
Part 12 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
64 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Amendment of s 95 (Main purpose of pt 6) . . . . . . . . . . . . . . . . . 46
66 Insertion of new s 99EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4
Child Protection (Offender Prohibition Order) Bill
2007
99EA Who is a reportable offender or a relevant reportable
offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67 Amendment of s 101A (Notice of change of employment, or
name and contact details in application under s 100 or 101) . . . . 47
68 Insertion of new s 101AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
101AA Relevant reportable offender prohibited from signing
or making an application . . . . . . . . . . . . . . . . . . . . . . 48
69 Amendment of s 102 (Decision on application) . . . . . . . . . . . . . . 48
70 Insertion of new pt 6, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4A Other provisions about reportable offenders
120B Reportable offender who is a respondent for a
temporary order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
120C Other reportable offenders . . . . . . . . . . . . . . . . . . . . . 49
120D Application for review that is taken to be withdrawn . . 50
120E Disclosure of information about offender prohibition
orders .................................. 50
71 Amendment of s 121 (Person may apply for review of decision) . 51
72 Omission of s 121B (Police commissioner not to delegate power
under s 121A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 51
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2007
A Bill
for
An Act to provide for the protection of the lives of children and
for their sexual safety, and to amend other Acts relating to the
protection of children
s1 6 s4
Child Protection (Offender Prohibition Order) Bill
2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Child Protection (Offender 4
Prohibition Order) Act 2007. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Main purpose of Act 8
(1) The main purpose of this Act is to provide for the protection 9
of the lives of children and for their sexual safety. 10
(2) This Act achieves the main purpose-- 11
(a) by providing for the making of orders prohibiting 12
particular sexual offenders from engaging in conduct 13
posing a risk to the lives or sexual safety of children; 14
and 15
(b) by providing that, if the respondent for an order 16
mentioned in paragraph (a) is not a reportable offender 17
for the Offender Reporting Act when the order is made, 18
on the making of the order, the respondent is taken to be 19
a reportable offender for that Act. 20
4 Definitions 21
The dictionary in the schedule defines particular words used 22
in this Act. 23
s5 7 s6
Child Protection (Offender Prohibition Order) Bill
2007
5 Explanation of references to offender prohibition orders 1
(1) In this Act, the term order is generally used to refer to an 2
offender prohibition order made under section 8 and the term 3
temporary order is used to refer to a temporary offender 4
prohibition order made under section 15 or 16. 5
(2) The term offender prohibition order is generally used to refer 6
to both an order and a temporary order. 7
(3) However, in part 2, division 2, an order made under section 8 8
is referred to as a final order to distinguish it from a 9
temporary order made under section 15 or 16. 10
Part 2 Offender prohibition orders 11
Division 1 Orders 12
6 Application 13
(1) The commissioner may apply in the approved form to a court 14
for an offender prohibition order (an order) for a person if the 15
commissioner believes on reasonable grounds that the 16
person-- 17
(a) is a relevant sexual offender; and 18
(b) has recently engaged in concerning conduct. 19
(2) The application must state each of the following-- 20
(a) each conviction of the respondent for a reportable 21
offence committed against a child; 22
(b) the particulars of the concerning conduct the respondent 23
is alleged to have engaged in; 24
(c) when the respondent is alleged to have engaged in the 25
concerning conduct; 26
s7 8 s7
Child Protection (Offender Prohibition Order) Bill
2007
(d) the conduct of the respondent proposed to be prohibited 1
under the order, including the conditions sought by the 2
commissioner. 3
(3) In this section-- 4
concerning conduct means conduct the nature or pattern of 5
which poses a risk to the lives or sexual safety of 1 or more 6
children, or of children generally. 7
Examples-- 8
· loitering at or near a park fitted with playground equipment 9
regularly used by children 10
· seeking employment or volunteer work that will involve the 11
employee coming into contact with children, including, for 12
example, door-to-door sales or collecting 13
· residing near a child care centre 14
· residing or boarding in a household with children under 16 years 15
7 How a proceeding for an order is started 16
(1) The commissioner starts a proceeding against a respondent 17
under section 6(1) by issuing an appearance notice for the 18
proceeding. 19
(2) As soon as practicable after starting the proceeding, and 20
before the time the respondent is required to appear at a place 21
before a court under the appearance notice, the commissioner 22
must file the following documents with the registrar of the 23
court at the place-- 24
(a) the application for the proceeding; 25
(b) a copy of the appearance notice for the proceeding. 26
(3) A police officer must serve a copy of the application and the 27
appearance notice (the application documents) on the 28
respondent. 29
Note-- 30
For further provisions about service, see section 53. 31
(4) Also, for a child respondent, the commissioner must, as soon 32
as practicable after starting the proceeding, give a copy of the 33
application documents to-- 34
s8 9 s8
Child Protection (Offender Prohibition Order) Bill
2007
(a) the chief executive (child safety), if the order sought is 1
likely to result in the child respondent needing to change 2
his or her place of residence; and 3
(b) a parent of the child respondent, if the commissioner is 4
able to find a parent of the child respondent after making 5
reasonable attempts. 6
8 Making an order 7
(1) A court may make an order if the court is satisfied, on the 8
balance of probabilities, after considering the matters 9
mentioned in section 9-- 10
(a) the respondent is a relevant sexual offender; and 11
(b) having regard to the nature and pattern of conduct 12
recently engaged in by the respondent-- 13
(i) the respondent poses an unacceptable risk to the 14
lives or sexual safety of children; and 15
(ii) the making of the order will reduce the risk. 16
(2) Also, for a child respondent, the court may only make the 17
order-- 18
(a) after considering a report given to the court under 19
section 10; and 20
(b) if satisfied the making of the order is a last resort and the 21
most effective way of reducing the risk mentioned in 22
subsection (1)(b)(i). 23
(3) For subsection (1), it is not necessary for the court to be able 24
to identify a risk to a particular child, particular children or a 25
particular class of child. 26
(4) The application for the order may be heard in the respondent's 27
absence if the court is satisfied the respondent was served with 28
the application documents under section 7(3). 29
(5) However, the court may, at any time before making the order, 30
direct the commissioner to give a further appearance notice to 31
the respondent as directed by the court. 32
s9 10 s9
Child Protection (Offender Prohibition Order) Bill
2007
9 Matters a court must consider before making an order 1
(1) The matters a court must consider for section 8(1) are as 2
follows-- 3
(a) the seriousness of the respondent's reportable offences 4
committed against a child, whether committed in 5
Queensland or elsewhere; 6
(b) the period since the reportable offences were 7
committed; 8
(c) for each reportable offence-- 9
(i) the age of the respondent, and the age of the victim 10
of the offence, when the offence was committed; 11
and 12
(ii) the difference in age between the respondent and 13
the victim of the offence; 14
(d) the respondent's present age; 15
(e) the seriousness of the respondent's criminal history; 16
(f) the effect of the order sought on the respondent in 17
comparison with the level of risk of the respondent 18
committing a reportable offence against a child; 19
(g) the respondent's circumstances, to the extent the 20
circumstances relate to the conduct sought to be 21
prohibited; 22
Examples-- 23
· the respondent's accommodation, employment, health, 24
cultural and social needs 25
· the need for the respondent's reintegration into the 26
community 27
(h) for a child respondent--the child respondent's 28
educational needs; 29
(i) anything else the court considers relevant. 30
(2) In this section-- 31
charge, of an offence, means a charge in any form, including, 32
for example, the following-- 33
(a) a charge on an arrest; 34
s 10 11 s 10
Child Protection (Offender Prohibition Order) Bill
2007
(b) a notice to appear served under the Police Powers and 1
Responsibilities Act 2000, section 382; 2
(c) a complaint under the Justices Act 1886; 3
(d) a charge by a court under the Justices Act 1886, section 4
42(1A), or another provision of an Act; 5
Note-- 6
The Justices Act 1886, section 42 deals with the commencement 7
of proceedings. 8
(e) an indictment. 9
criminal history, of a person, means the following-- 10
(a) despite the Criminal Law (Rehabilitation of Offenders) 11
Act 1986, section 6, every conviction of the person for a 12
reportable offence committed against a child, in 13
Queensland or elsewhere, whether before or after the 14
commencement of this Act; 15
(b) every charge made against the person for a reportable 16
offence committed against a child, in Queensland or 17
elsewhere, whether before or after the commencement 18
of this Act-- 19
(i) that has not been withdrawn or discontinued, or 20
dismissed by a court; or 21
(ii) for which the respondent has not been acquitted or 22
convicted; 23
(c) every charge made against the person for a reportable 24
offence committed against a child, in Queensland or 25
elsewhere, whether before or after the commencement 26
of this Act, that has been withdrawn or discontinued 27
because the complainant died or was unable or 28
unwilling to proceed with the matter. 29
10 Court must order a report before making an order for a 30
child respondent 31
(1) This section applies if the court is satisfied of the matters 32
mentioned in section 8(1) in relation to a child respondent. 33
s 11 12 s 11
Child Protection (Offender Prohibition Order) Bill
2007
(2) Before making an order for the child respondent, the court 1
must direct the chief executive (communities) to give to the 2
court a written report containing stated information, 3
assessments and reports about the child respondent, the child 4
respondent's family or other matters. 5
(3) The report may contain the opinion of the chief executive 6
(communities) on what impact an order may have on the child 7
respondent in relation to his or her accommodation, 8
educational, health, cultural or social needs. 9
(4) The report must be given to the court within the period stated 10
by the court in the direction. 11
(5) When the report is given to the court under subsection (4), the 12
registrar of the court must give a copy of the report to each 13
party to the proceeding. 14
11 Conduct that may be prohibited 15
(1) An order may prohibit particular conduct by the respondent, 16
including, for example, prohibiting the respondent from the 17
following-- 18
(a) associating with, or otherwise contacting, stated persons 19
or a stated type of person; 20
Example-- 21
corresponding with other relevant sexual offenders 22
(b) being in stated locations or a stated type of location; 23
Example-- 24
within 200m of a school between 7a.m. and 7p.m. on school 25
days 26
(c) residing at a stated residence, stated residences, a stated 27
type of residence or a residence at a stated location; 28
Examples-- 29
· a residence within 200m of a child care centre 30
· a residence where children under 16 years reside 31
(d) engaging in stated behaviour; 32
s 12 13 s 12
Child Protection (Offender Prohibition Order) Bill
2007
Example-- 1
taking photographs or images of children at the beach in the 2
South Bank Parklands 3
(e) being in stated employment, or a stated type of 4
employment, whether paid or voluntary, that is likely to 5
bring the respondent into contact with children. 6
Examples-- 7
· employment in a cafe in the vicinity of a school 8
· door-to-door sales or collecting 9
(2) An order may prohibit conduct absolutely or on the terms the 10
court making the order considers appropriate and states in the 11
order. 12
(3) An order may prohibit the respondent from entering or 13
remaining in a stated place even if the respondent has a right 14
to enter or to be in the place. 15
(4) If an order prohibits the respondent from entering or 16
remaining in a place as mentioned in subsection (3), the court 17
must, if satisfied it is necessary to do so, ensure the order 18
provides for the respondent to recover the respondent's 19
personal property from the place. 20
Example-- 21
A provision of an order may allow a respondent to enter a stated place 22
between stated times, if accompanied by a police officer, to recover the 23
respondent's property. 24
12 Term of an order 25
(1) An order takes effect on the day notice of it is given to the 26
respondent and, subject to subsection (3), remains in force for 27
the following term-- 28
(a) for an adult respondent--5 years; 29
(b) for a child respondent--2 years. 30
(2) Subsection (3) applies if an application-- 31
(a) is for a new order for a respondent; and 32
(b) is made before the end of the term of the existing order 33
for the respondent; and 34
s 13 14 s 14
Child Protection (Offender Prohibition Order) Bill
2007
(c) is not decided before the day the existing order ends. 1
(3) The existing order continues to have effect until the 2
application for the new order is decided. 3
(4) The term of a new order mentioned in subsection (3) starts 4
when the term of the existing order mentioned in the 5
subsection ends. 6
Example-- 7
The term of the existing order ends on 30 June 2008. An application for 8
a new order is made on 31 May 2008. The application for the new order 9
is decided, and the new order is made, on 1 August 2008. Under 10
subsection (3), the term of the existing order is extended until the new 11
order is made on 1 August 2008. Although the new order takes effect on 12
1 August 2008 under subsection (1), its term starts on 1 July 2008 under 13
subsection (4). 14
(5) In this section-- 15
term, of an existing order, does not include the period for 16
which the existing order's effect is continued under subsection 17
(3). 18
Division 2 Temporary orders 19
13 Definitions for div 2 20
In this division-- 21
final order means an order under section 8(1). 22
temporary order means an order under section 15 or 16. 23
14 Applying for a temporary order 24
(1) The commissioner may apply in the approved form to a 25
magistrate for a temporary order for a person if the 26
commissioner-- 27
(a) has the belief mentioned in section 6(1) about the 28
person; and 29
(b) also believes on reasonable grounds that-- 30
s 15 15 s 15
Child Protection (Offender Prohibition Order) Bill
2007
(i) the making of a temporary order for the person is 1
necessary to prevent an immediate risk of the 2
respondent engaging in conduct posing a risk to the 3
lives or sexual safety of children; and 4
(ii) the making of the order will reduce the risk. 5
(2) The application must state-- 6
(a) the matters mentioned in section 6(2); and 7
(b) why the temporary order is necessary before a final 8
order is made. 9
(3) The application may be made without notice being given to 10
the respondent or a police officer may give notice in the 11
approved form to the respondent stating-- 12
(a) when and how the application will be made to the 13
magistrate; and 14
(b) that the respondent may be present before the magistrate 15
when the application is made and may make 16
submissions to the magistrate. 17
(4) The Police Powers and Responsibilities Act 2000, sections 18
800 to 802, apply to the application for the temporary order as 19
if the temporary order were a prescribed authority within the 20
meaning of that Act. 21
Note-- 22
The Police Powers and Responsibilities Act 2000, sections 800 to 802 23
provide for obtaining prescribed authorities by phone, fax, radio, email 24
or another similar facility. 25
15 Temporary order made by a magistrate 26
(1) A magistrate may make a temporary order if the magistrate is 27
satisfied, on the balance of probabilities, of the matters 28
mentioned in section 8(1). 29
(2) For subsection (1)-- 30
(a) the reference in section 8(1)(b)(ii) to an order is taken to 31
be a reference to the temporary order; and 32
s 16 16 s 16
Child Protection (Offender Prohibition Order) Bill
2007
(b) it is not necessary for the magistrate to be able to 1
identify a risk to a particular child, particular children or 2
a particular class of child; and 3
(c) sections 8(2), (4) and (5), 9 and 10 do not apply. 4
(3) Also, for subsection (1), if the application is made without 5
notice being given to the respondent, the magistrate may not 6
make the temporary order unless the magistrate considers it 7
necessary to make the order without notice to the respondent 8
in the particular circumstances of the case. 9
(4) The temporary order need only be supported by information 10
the magistrate considers sufficient and appropriate having 11
regard to the temporary nature of the order. 12
Example-- 13
oral submissions, rather than evidence on oath 14
(5) When the magistrate makes the temporary order, the 15
magistrate must fix a return date, time and place for an 16
application for a final order. 17
(6) On the making of the temporary order, the commissioner must 18
immediately start a proceeding under section 7(1) for the final 19
order. 20
(7) The date, time and place stated in the appearance notice for 21
the final order must be the date, time and place fixed under 22
subsection (5). 23
16 Temporary order made by a court 24
(1) During a proceeding for a final order for a respondent, the 25
court may, on its own initiative or on application by a party to 26
the proceeding, make a temporary order for the respondent. 27
(2) However, the court may only make the temporary order if the 28
court-- 29
(a) is satisfied, on the balance of probabilities, of the 30
matters mentioned in section 8(1); and 31
(b) after the temporary order is made, adjourns the 32
proceedings. 33
(3) For subsection (2)(a)-- 34
s 17 17 s 18
Child Protection (Offender Prohibition Order) Bill
2007
(a) the reference in section 8(1)(b)(ii) to an order is taken to 1
be a reference to the temporary order; and 2
(b) it is not necessary for the court to be able to identify a 3
risk to a particular child, particular children or a 4
particular class of child; and 5
(c) sections 8(2), (4) and (5), 9 and 10 do not apply. 6
(4) The temporary order need only be supported by information 7
the court considers sufficient and appropriate having regard to 8
the temporary nature of the order. 9
(5) The temporary order may be made in the respondent's 10
absence if the court is satisfied application documents for the 11
final order were served on the respondent under section 7(3). 12
17 Conduct that may be prohibited 13
Section 11 applies to a temporary order as if-- 14
(a) a reference in the section to an order were a reference to 15
a temporary order; and 16
(b) a reference in the section to the court included, for 17
section 15, a reference to a magistrate. 18
18 Term of a temporary order 19
(1) A temporary order takes effect-- 20
(a) if the respondent is present before the magistrate or 21
court when the order is made--when it is made; or 22
(b) if the respondent is not present before the magistrate or 23
court when the order is made--when a copy of the order 24
is served on the respondent under section 24(2). 25
(2) The temporary order remains in force until whichever of the 26
following happens first-- 27
(a) if the temporary order is made under section 15--a 28
proceeding for a final order is not started by the return 29
date and time fixed by a magistrate under section 15(5); 30
s 19 18 s 19
Child Protection (Offender Prohibition Order) Bill
2007
(b) the application for the final order is next mentioned in a 1
court and the court does not extend the term of the 2
temporary order under section 19; 3
(c) the prescribed period ends; 4
(d) a court decides the application for the final order; 5
(e) the commissioner discontinues the application for the 6
final order; 7
(f) the temporary order is revoked under section 22 or on 8
appeal. 9
(3) In this section-- 10
final order means a final order for the respondent for the 11
temporary order. 12
prescribed period means-- 13
(a) if paragraph (b) does not apply--28 days; or 14
(b) the period for which the temporary order is extended 15
under section 19. 16
19 Extending a temporary order if an application for a final 17
order is adjourned 18
(1) This section applies if-- 19
(a) a temporary order is in force for the respondent to an 20
application for a final order; and 21
(b) the court adjourns the application; and 22
(c) the temporary order will end before the application is 23
decided. 24
(2) The court may, on application or on its own initiative, extend 25
the temporary order for not more than 28 days, or a longer 26
period to which the respondent consents. 27
(3) The temporary order may be extended in the respondent's 28
absence if the court is satisfied application documents for the 29
final order were served on the respondent under section 7(3). 30
s 20 19 s 20
Child Protection (Offender Prohibition Order) Bill
2007
Division 3 Other provisions about offender 1
prohibition orders 2
20 Who may be present at the hearing of an application 3
(1) A magistrate or court hearing an application for an offender 4
prohibition order must hear the application in the presence of 5
only the following-- 6
(a) the applicant; 7
(b) unless the application is heard in the respondent's 8
absence--the respondent; 9
(c) any witness the magistrate or court allows for the 10
application; 11
(d) another person the magistrate or court considers 12
appropriate to be present and allows to be present; 13
Examples-- 14
· a parent of a child respondent 15
· another person who is able to provide cultural or emotional 16
support for the respondent, or for a witness whom the 17
magistrate or court has allowed to be present 18
· a person conducting relevant academic or scientific research 19
(e) a lawyer representing anyone mentioned in paragraph 20
(a), (b) or (c); 21
(f) a person whose presence the magistrate or court 22
considers is necessary or desirable for the proper 23
conduct of the proceedings. 24
Example-- 25
a recorder or shorthand reporter performing a function under the 26
Recording of Evidence Act 1962 27
(2) This section does not limit the Police Service Administration 28
Act 1990, section 10.24. 29
Note-- 30
The Police Service Administration Act 1990, section 10.24 provides for 31
the representation of police officers in court. 32
s 21 20 s 21
Child Protection (Offender Prohibition Order) Bill
2007
21 Making an offender prohibition order for an adult 1
respondent by consent 2
(1) This section applies if an application is made to a magistrate 3
or court for an offender prohibition order for an adult 4
respondent. 5
(2) The magistrate or court may make the offender prohibition 6
order if the applicant and the respondent consent to it being 7
made. 8
(3) Despite section 8(1), before making an order under that 9
section with the consent of the applicant and the respondent, 10
the court is not required to consider the matters mentioned in 11
section 9 unless the court considers it is in the interests of 12
justice. 13
(4) In considering the interests of justice for subsection (3), the 14
matters to which the court may have regard include the 15
following-- 16
(a) whether the respondent has obtained legal advice about 17
the proposed offender prohibition order; 18
(b) whether the respondent-- 19
(i) has an intellectual disability; or 20
(ii) is a person for whom an order appointing a 21
guardian is in force under the Guardianship and 22
Administration Act 2000; or 23
(iii) is illiterate, or is not literate in the English 24
language; or 25
(iv) is subject to some other condition preventing the 26
respondent from understanding the effect of 27
consenting to the proposed offender prohibition 28
order being made. 29
(5) This section does not limit the magistrate's or court's power 30
under section 8, 15 or 16. 31
s 22 21 s 22
Child Protection (Offender Prohibition Order) Bill
2007
22 Varying or revoking an offender prohibition order 1
(1) The commissioner or the respondent may apply to the court 2
under the relevant rules of court for the variation or revocation 3
of an offender prohibition order. 4
(2) However, other than in relation to an offender prohibition 5
order made in the respondent's absence, the respondent may 6
only make an application under subsection (1) with the court's 7
leave. 8
(3) The court may grant the leave if satisfied-- 9
(a) it is in the interests of justice, having regard to changes 10
in the respondent's circumstances, or circumstances 11
affecting the respondent, since the order was made or 12
last varied; or 13
Example of the respondent's circumstances-- 14
the respondent's accommodation, employment, health, cultural 15
or social needs 16
Example of circumstances affecting the respondent-- 17
Under the order, the respondent is prohibited from going within 18
a stated distance of a stated child care centre, and the child care 19
centre has closed down since the order was made. 20
(b) it is appropriate on compassionate grounds, including 21
having regard to the respondent's culturally specific 22
needs. 23
Examples-- 24
· to visit a relative who is seriously ill 25
· to attend a relative's funeral 26
(4) In deciding the application, the court must have regard to-- 27
(a) the matters mentioned in sections 8 and 9, to the extent 28
the magistrate or court that made the offender 29
prohibition order was required to have regard to those 30
matters; and 31
(b) any changes in the respondent's circumstances since the 32
offender prohibition order was made or last varied. 33
(5) A variation takes effect-- 34
s 23 22 s 23
Child Protection (Offender Prohibition Order) Bill
2007
(a) if the respondent is present in court when the variation is 1
made--when it is made; or 2
(b) if the respondent is not present in court when the 3
variation is made--when a copy of the order varying the 4
offender prohibition order is served on the respondent 5
under section 24(2). 6
(6) A revocation takes effect when it is made. 7
23 Explaining and giving notice of an offender prohibition 8
order to the respondent 9
(1) Subsection (2) applies if the respondent is present before a 10
magistrate when the magistrate makes an offender prohibition 11
order or before a court when the court makes or varies an 12
offender prohibition order. 13
(2) The magistrate or court must ensure all reasonable steps are 14
taken to explain to the respondent in language likely to be 15
understood by the respondent-- 16
(a) his or her obligations under the offender prohibition 17
order or variation; and 18
(b) the consequences that may follow if he or she fails to 19
comply with the obligations. 20
(3) Also, subsection (4) applies if the respondent was not a 21
reportable offender immediately before the offender 22
prohibition order was made. 23
(4) As soon as practicable after the offender prohibition order is 24
made, the commissioner must give the respondent a notice 25
complying with section 54 of the Offender Reporting Act 26
(section 54 notice), in relation to the respondent as a 27
reportable offender. 28
(5) Subsection (4) applies despite section 54(4) of the Offender 29
Reporting Act. 30
(6) Failure to comply with either or both of subsections (2) and 31
(4) does not affect the validity of the offender prohibition 32
order. 33
s 24 23 s 24
Child Protection (Offender Prohibition Order) Bill
2007
24 Giving the respondent a copy of an offender prohibition 1
order dealt with in the respondent's absence 2
(1) This section applies if a magistrate or court makes, varies or 3
revokes an offender prohibition order in the respondent's 4
absence. 5
(2) A police officer must serve the respondent with the documents 6
mentioned in subsections (3) and (4). 7
Note-- 8
For further provisions about service, see section 53. 9
(3) In each case, the respondent must be served with a copy of the 10
order making, varying or revoking the offender prohibition 11
order. 12
(4) In addition, if the magistrate or court makes an offender 13
prohibition order, the respondent must be served with-- 14
(a) a notice stating that, if a law of another jurisdiction 15
provides for registration of the order under 16
corresponding provisions, the order may be registered in 17
the other jurisdiction; and 18
(b) if the respondent was not a reportable offender 19
immediately before the offender prohibition order was 20
made--a section 54 notice in relation to the respondent 21
as a reportable offender. 22
(5) Also, for a child respondent, the commissioner must, as soon 23
as practicable after the magistrate or court makes, varies or 24
revokes the offender prohibition order, give a copy of the 25
court's or magistrate's order to-- 26
(a) the chief executive (child safety), if the order is likely to 27
result in the child respondent needing to change his or 28
her place of residence; and 29
(b) a parent of the child respondent, if the commissioner is 30
able to find a parent of the child respondent after making 31
reasonable attempts. 32
(6) Failure to comply with any of subsections (2) to (5) does not 33
affect the validity of the order. 34
(7) In this section-- 35
s 25 24 s 27
Child Protection (Offender Prohibition Order) Bill
2007
corresponding provisions means provisions corresponding to 1
part 3. 2
25 Costs 3
A court must not award costs on an application for an offender 4
prohibition order or for a variation or revocation of an 5
offender prohibition order unless the court dismisses the 6
application as frivolous or vexatious or another abuse of 7
process. 8
Part 3 Corresponding order 9
26 Application for registration of a corresponding order in 10
Queensland 11
The commissioner may apply in the approved form to the 12
registrar of a Magistrates Court (the registrar) for the 13
registration of a corresponding order. 14
27 Registration of a corresponding order 15
(1) This section applies if the registrar is satisfied that-- 16
(a) the corresponding order is in force; and 17
(b) the corresponding order was served, or was taken to be 18
served, on the person against whom it was made under 19
the law of the jurisdiction where the order was made. 20
(2) Subject to subsections (3) and (10), the registrar must register 21
the corresponding order. 22
(3) The registrar must refer the corresponding order to the court 23
for adaptation or modification for its effective operation in the 24
State if-- 25
(a) the registrar believes it is necessary to do so; or 26
(b) the commissioner asks the registrar to do so. 27
s 27 25 s 27
Child Protection (Offender Prohibition Order) Bill
2007
(4) If the corresponding order is referred to the court, a police 1
officer must serve a copy of the application for registration of 2
the corresponding order and an appearance notice on the 3
respondent. 4
(5) The application may be heard in the respondent's absence if 5
the court is satisfied a copy of the application and an 6
appearance notice were served on the respondent under 7
subsection (4). 8
(6) However, the court may, at any time before deciding the 9
application, direct the commissioner to give a further 10
appearance notice to the respondent. 11
(7) Section 20 applies to the hearing for the variation of the 12
corresponding order as if the hearing were a hearing for an 13
offender prohibition order. 14
(8) The court may vary the corresponding order for the purposes 15
of its registration by adapting or modifying it in a way the 16
court considers necessary or desirable for its effective 17
operation in the State. 18
(9) For varying the corresponding order as mentioned in 19
subsection (8), the court must consider-- 20
(a) anything that can be considered under sections 8 and 9 21
on an application for an order under section 8; and 22
(b) any changes in the respondent's circumstances since the 23
corresponding order was made. 24
(10) The registrar must register the corresponding order as varied 25
by the court. 26
(11) A registered corresponding order is registered for the period 27
during which the corresponding order, as originally made, is 28
in force. 29
(12) A regulation may-- 30
(a) prescribe the way the registrar is to register a 31
corresponding order or a varied corresponding order; 32
and 33
(b) provide for the keeping of the register and access to it. 34
(13) In this section-- 35
s 28 26 s 28
Child Protection (Offender Prohibition Order) Bill
2007
appearance notice means a notice in the approved form 1
stating the following in relation to a corresponding order-- 2
(a) that an application for the registration of the 3
corresponding order has been referred to the court; 4
(b) when and where the application is to be heard; 5
(c) that the respondent is required to appear at the hearing; 6
(d) that the court may register the corresponding order, or 7
the corresponding order as varied by the court, in the 8
respondent's absence if the respondent fails to appear at 9
the hearing. 10
28 Action by the registrar and commissioner after 11
registration of a corresponding order 12
(1) No later than 2 business days after registering a corresponding 13
order, the registrar must give the commissioner a certificate of 14
the registration with a copy of the registered corresponding 15
order attached. 16
(2) The registrar may not ask the commissioner for any fee, or 17
reimbursement for any expenses incurred, under this part. 18
(3) After receiving a copy of the registered corresponding order, 19
the commissioner must serve on the respondent-- 20
(a) a copy of the registered corresponding order; and 21
(b) if the respondent for the registered corresponding order 22
was not a reportable offender immediately before its 23
registration--a section 54 notice in relation to the 24
respondent as a reportable offender. 25
Note-- 26
Under section 29(1)(a), the registered corresponding order has the same 27
effect as an order made under this Act. 28
(4) Also, for a child respondent, the commissioner must, as soon 29
as practicable after receiving a copy of the registered 30
corresponding order, give a copy of the order to-- 31
(a) the chief executive (child safety), if the order is likely to 32
result in the respondent needing to change his or her 33
place of residence; and 34
s 29 27 s 30
Child Protection (Offender Prohibition Order) Bill
2007
(b) a parent of the child respondent, if the commissioner is 1
able to find a parent of the child respondent after making 2
reasonable attempts. 3
(5) Failure to comply with either or both of subsections (3) and 4
(4) does not affect the validity of the registration of the 5
corresponding order. 6
29 Effect of registration of a corresponding order 7
(1) A registered corresponding order-- 8
(a) has the same effect as an order made under this Act; and 9
(b) may be enforced against the respondent as if it were an 10
order made under this Act. 11
(2) Subsection (1) has effect even if the corresponding order was 12
registered in the respondent's absence. 13
(3) Subsection (4) applies if the corresponding order was varied 14
under section 27(8) in the respondent's absence, and the 15
respondent has not been notified of the variation. 16
(4) Despite subsection (2), until the respondent is notified of the 17
variation, the registered corresponding order has effect and is 18
enforceable against the respondent as if it had not been varied. 19
30 Varying a registered corresponding order 20
(1) The commissioner or the respondent may apply to the court 21
under the relevant rules of court for a variation of a registered 22
corresponding order. 23
(2) In deciding the application, the court must consider-- 24
(a) anything that can be considered under sections 8 and 9 25
on an application for an order under section 8; and 26
(b) any changes in the respondent's circumstances since the 27
registered corresponding order was registered or last 28
varied. 29
(3) Also section 22(2), (3) and (5) applies to the application as if a 30
reference in the subsections to an offender prohibition order 31
were a reference to a registered corresponding order. 32
s 31 28 s 32
Child Protection (Offender Prohibition Order) Bill
2007
31 Cancelling the registration of a registered corresponding 1
order 2
(1) The commissioner or the respondent may apply to the court 3
for an order cancelling the registration of a registered 4
corresponding order. 5
(2) In deciding the application, the court must consider-- 6
(a) anything that can be considered under sections 8 and 9 7
for an application on an order under section 8; and 8
(b) any changes in the respondent's circumstances since the 9
registered corresponding order was registered. 10
(3) Also section 22(2) and (3) applies to the application as if a 11
reference in the subsections to an offender prohibition order 12
were a reference to a registered corresponding order. 13
(4) If the court cancels the registration of the registered 14
corresponding order, the corresponding order, or the 15
corresponding order as varied under this Act, stops having 16
effect in Queensland. 17
Part 4 Reportable offender 18
obligations 19
32 Offender reporting requirement after an offender 20
prohibition order is made 21
(1) If a court makes an offender prohibition order for a 22
respondent who is not a reportable offender-- 23
(a) the respondent is taken to be a reportable offender; and 24
(b) the offender prohibition order is taken to be an offender 25
reporting order for the Offender Reporting Act; and 26
(c) the length of the respondent's reporting period for that 27
Act is taken to be the period for which the offender 28
prohibition order has effect. 29
s 33 29 s 34
Child Protection (Offender Prohibition Order) Bill
2007
(2) Subsection (1)(c) has effect despite sections 36 and 37 of the 1
Offender Reporting Act. 2
33 Offender reporting requirement after the registration of a 3
corresponding order 4
(1) If the respondent for a registered corresponding order is not a 5
reportable offender immediately before the registration of the 6
corresponding order, on its registration-- 7
(a) the respondent is taken to be a reportable offender; and 8
(b) the registered corresponding order is taken to be an 9
offender reporting order for the Offender Reporting Act; 10
and 11
(c) the length of the respondent's reporting period for that 12
Act is taken to be-- 13
(i) for an adult respondent--5 years, or the period for 14
which the registered corresponding order has 15
effect, whichever is shorter; or 16
(ii) for a child respondent--2 years, or the period for 17
which the registered corresponding order has 18
effect, whichever is shorter. 19
(2) Subsection (1)(c) has effect despite sections 36 and 37 of the 20
Offender Reporting Act. 21
Part 5 Offences 22
34 Failure to comply with an offender prohibition order 23
(1) A respondent for an offender prohibition order must not 24
contravene the offender prohibition order, unless the 25
respondent has a reasonable excuse. 26
Maximum penalty--2 years imprisonment. 27
s 35 30 s 35
Child Protection (Offender Prohibition Order) Bill
2007
(2) If an issue is raised in a proceeding of whether the respondent 1
had knowledge of the offender prohibition order, it is enough 2
if it is proved-- 3
(a) the respondent was present in court when the order was 4
made; or 5
(b) the respondent was served personally with a copy of the 6
order; or 7
(c) a police officer told the respondent about the existence 8
of the order. 9
(3) A respondent for a registered corresponding order must not 10
contravene the registered corresponding order, unless the 11
respondent has a reasonable excuse. 12
Maximum penalty--2 years imprisonment. 13
(4) If an issue is raised in a proceeding of whether the respondent 14
for a registered corresponding order had knowledge of the 15
order, it is enough if it is proved-- 16
(a) the respondent was present in court when the order was 17
made and the order stated that it could be registered in 18
another jurisdiction; or 19
(b) the respondent was served personally with a copy of the 20
corresponding order and the order stated that it could be 21
registered in another jurisdiction; or 22
(c) a police officer told the respondent about the existence 23
of the corresponding order, including the fact that the 24
order could be registered in another jurisdiction; or 25
(d) that the respondent knew or ought to have known that 26
the order was registered in this jurisdiction. 27
(5) In this section-- 28
police officer, for subsection (4)(c), includes a member of the 29
police force of the jurisdiction where the registered 30
corresponding order was made. 31
35 Proof of knowledge of a particular condition in a 32
particular circumstance 33
(1) Subsection (2) applies if-- 34
s 36 31 s 37
Child Protection (Offender Prohibition Order) Bill
2007
(a) an issue is raised in a proceeding of whether a 1
respondent for an offender prohibition order or 2
registered corresponding order knew about a particular 3
condition of the order alleged to have been contravened; 4
and 5
(b) there is evidence that the respondent only knew of the 6
existence of the order because a police officer told the 7
respondent about its existence. 8
(2) The respondent can not be convicted unless it is proved that 9
the police officer told the respondent about the particular 10
condition. 11
(3) In this section-- 12
police officer, in relation to a registered corresponding order, 13
includes a member of the police force of the jurisdiction 14
where the corresponding order was made. 15
36 Matters relevant to the reasonable excuse defence 16
When deciding whether a respondent had a reasonable excuse 17
for contravening section 34(1) or (3), the court must have 18
regard to each of the following-- 19
(a) the respondent's age; 20
(b) whether the respondent had, at the time of the 21
contravention, a disability that affected the respondent's 22
ability to understand, or to comply with, the offender 23
prohibition order or registered corresponding order; 24
(c) whether the form of notice given to the respondent about 25
the offender prohibition order or registered 26
corresponding order was adequate to inform the 27
respondent of the respondent's obligations under the 28
order, having regard to the respondent's circumstances; 29
(d) any other matter the court considers appropriate. 30
37 Prohibition on disclosing particular matter 31
(1) A person who obtains protected information because of the 32
person's involvement in the administration of this Act, 33
s 37 32 s 37
Child Protection (Offender Prohibition Order) Bill
2007
including a proceeding under this Act, must not disclose the 1
information to anyone else. 2
Maximum penalty--2 years imprisonment. 3
(2) Subsection (1) does not apply to any of the following-- 4
(a) a disclosure authorised by a magistrate or court in a 5
proceeding under this Act; 6
(b) a disclosure authorised under an offender prohibition 7
order or registered corresponding order; 8
(c) the disclosure by a person identifying himself or herself 9
as a person mentioned in relation to any matter under 10
this Act; 11
(d) a disclosure made in a proceeding before a court or 12
tribunal; 13
(e) a disclosure to a respondent made for the purposes of 14
the administration of this Act or the operation of the 15
relevant offender prohibition order or registered 16
corresponding order; 17
(f) a disclosure to a police officer, or someone else who is a 18
member of a law enforcement agency of the State or of 19
the Commonwealth or another State, for the purpose of 20
the performance of the police officer's or other person's 21
functions; 22
(g) a disclosure made for the purpose of an Act the 23
operation of which requires the disclosure; 24
(h) a disclosure to a person involved in the respondent's 25
assessment and management under an Act; 26
Example-- 27
a corrective services officer under the Corrective Services Act 28
2006 29
(i) a disclosure to a lawyer representing a person who is or 30
was a party to a proceeding under this Act; 31
(j) a disclosure to anyone else to whom the disclosure is 32
required or permitted to be made under an Act. 33
Example-- 34
a person to whom the disclosure may be made under part 6 35
s 37 33 s 37
Child Protection (Offender Prohibition Order) Bill
2007
(3) A person must not disclose protected information to another 1
person with intention to incite anyone to intimidate or harass a 2
respondent. 3
Maximum penalty--2 years imprisonment. 4
(4) In this section-- 5
Act, in subsection (2)(g) and (h), includes an Act of the 6
Commonwealth or another State. 7
intimidate or harass includes intimidate or harass whether on 8
1 or more than 1 occasion and also vilify, persecute, victimise 9
and engage in any act of vigilantism. 10
proceeding includes an application under this Act and any 11
prosecution for an offence against this Act. 12
protected information means any of the following-- 13
(a) the name of a respondent; 14
(b) the name of any victim of a reportable offence 15
committed by a respondent; 16
(c) the name of any particular person referred to as a person 17
at risk because of the conduct prohibited or proposed to 18
be prohibited by an offender prohibition order or 19
registered corresponding order; 20
(d) anything else reasonably likely to enable a person 21
mentioned in paragraph (a), (b) or (c) to be identified. 22
respondent means a respondent for a proposed offender 23
prohibition order, an offender prohibition order, a 24
corresponding order or a registered corresponding order. 25
s 38 34 s 39
Child Protection (Offender Prohibition Order) Bill
2007
Part 6 Obtaining and disclosing 1
particular information 2
38 Commissioner to be given information about a relevant 3
sexual offender 4
(1) For the purpose of deciding whether to make an application 5
for an offender prohibition order, the commissioner may 6
direct a government entity to give the commissioner any 7
information-- 8
(a) held by the government entity; and 9
(b) relevant to an assessment of whether the respondent for 10
the proposed offender prohibition order poses an 11
unacceptable risk of committing a reportable offence 12
against a child. 13
(2) The direction must be given in writing and must state the day 14
on or before which the information must be given. 15
(3) The government entity is authorised and, despite any other 16
Act, required to give the commissioner the information sought 17
by the direction. 18
(4) However, the government entity is not required to give 19
information if it is subject to legal professional privilege. 20
(5) In this section-- 21
government entity does not include the chief executive of the 22
department in which the Health Services Act 1991 is 23
administered. 24
39 Commissioner may give information about an offender 25
prohibition order to prescribed entities 26
(1) The commissioner may give to a prescribed entity the 27
following information about an offender prohibition order-- 28
(a) the respondent's name and date of birth; 29
(b) the term of the order; 30
(c) the conduct by the respondent that the order prohibits; 31
s 40 35 s 40
Child Protection (Offender Prohibition Order) Bill
2007
(d) anything else the commissioner reasonably considers is 1
necessary to allow the prescribed entity to identify the 2
respondent to ensure the safety of-- 3
(i) a child or children in the prescribed entity's care; 4
or 5
(ii) the respondent. 6
Example-- 7
a photograph of the respondent 8
(2) If the commissioner gives information about an offender 9
prohibition order to a prescribed entity and the offender 10
prohibition order is later varied or revoked, the commissioner 11
must give the prescribed entity written notice of the variation 12
or revocation. 13
(3) In this section-- 14
offender prohibition order includes a registered 15
corresponding order. 16
40 Disclosure of information by particular officials 17
(1) This section applies if a prescribed entity is given information 18
about an offender prohibition order under section 39(1). 19
(2) If the prescribed entity reasonably believes the giving of the 20
information to a person is necessary-- 21
(a) for the purpose of the person performing a function 22
under a relevant Act; or 23
(b) for the purpose of an approved teacher protecting the 24
life or sexual safety of a student of a school; 25
the prescribed entity may give the information to the person. 26
(3) Subsection (4) applies if-- 27
(a) a prescribed entity has given information about an 28
offender prohibition order to a person under subsection 29
(2); and 30
(b) the prescribed entity is given notice of the variation or 31
revocation of the offender prohibition order under 32
section 39(2). 33
s 41 36 s 41
Child Protection (Offender Prohibition Order) Bill
2007
(4) The prescribed entity must give written notice of the variation 1
or revocation to the person. 2
(5) A person given information under subsection (2) or (4) must 3
not disclose the information, unless authorised to do so under 4
section 37 or the relevant Act. 5
(6) In this section-- 6
approved teacher means an approved teacher within the 7
meaning of the Education (Queensland College of Teachers) 8
Act 2005. 9
offender prohibition order includes a registered 10
corresponding order. 11
relevant Act means-- 12
(a) for the chief executive (child safety)--the Child 13
Protection Act 1999; or 14
(b) for the chief executive (communities)--the Juvenile 15
Justice Act 1992; or 16
(c) for the chief executive (education)--the Education 17
(General Provisions) Act 2006; or 18
(d) for the children's commissioner--the Commission for 19
Children and Young People and Child Guardian Act 20
2000. 21
41 Chief executive (communities) to be given information 22
about a child respondent 23
(1) For the purpose of giving a report to the court in compliance 24
with a direction of the court under section 10(2), the chief 25
executive (communities) may ask a government entity to give 26
the chief executive (communities) any information-- 27
(a) held by the government entity; and 28
(b) relevant for the report. 29
(2) The request must be in writing and must state the day on or 30
before which the information is to be given. 31
s 42 37 s 44
Child Protection (Offender Prohibition Order) Bill
2007
(3) The government entity is authorised, despite any other Act, to 1
give the chief executive (communities) the information 2
requested. 3
42 Duty of officials obtaining information 4
(1) This section applies to a person who obtains information 5
under sections 38 to 41. 6
(2) It is the duty of the person to take all reasonable steps to 7
ensure the information is used or disclosed only for the 8
purpose for which it was obtained. 9
43 Commissioner may give information about an offender 10
prohibition order to other particular persons 11
To the extent the commissioner reasonably considers it 12
necessary and appropriate to reduce a risk to the lives or 13
sexual safety of 1 or more children, or of children generally, 14
the commissioner may give information about an offender 15
prohibition order or registered corresponding order to any of 16
the following-- 17
(a) if the respondent is a child respondent--a parent of the 18
child respondent; 19
(b) a parent or guardian of any child protected by the order. 20
44 Protection from liability for giving information 21
(1) This section applies if a person, acting honestly, gives 22
information in compliance with this part. 23
(2) The person is not liable, civilly, criminally or under an 24
administrative process, for giving the information. 25
(3) Without limiting subsection (2)-- 26
(a) in a proceeding for defamation, the person has a defence 27
of absolute privilege for disclosing the information; and 28
(b) if the person would otherwise be required to maintain 29
confidentiality about the information under an Act, the 30
person does not contravene the Act by giving the 31
information. 32
s 45 38 s 46
Child Protection (Offender Prohibition Order) Bill
2007
Part 7 Legal proceedings 1
45 Application of pt 7 2
This part applies to a proceeding under this Act. 3
46 Application of Evidence Act 1977 4
(1) The relevant provision applies for the purpose of proving the 5
following-- 6
(a) an offender prohibition order or another order made 7
under this Act; 8
(b) a corresponding order; 9
(c) the registration of a corresponding order under this Act. 10
(2) For applying the relevant provision as mentioned in 11
subsection (1)(a)-- 12
(a) a reference to a court in subsection (1)(a) to (f) of the 13
relevant provision includes a reference to a magistrate; 14
and 15
(b) a reference to a court in subsection (1)(g) of the relevant 16
provision, in relation to an order made by a magistrate, 17
includes a reference to the court where the magistrate 18
usually constitutes the court. 19
(3) For applying the relevant provision as mentioned in 20
subsection (1)(b) or (c)-- 21
(a) a reference to a court in subsection (1)(a) of the relevant 22
provision includes-- 23
(i) a judicial officer of a court of another jurisdiction 24
who has made a corresponding order; and 25
(ii) a registrar of a Magistrates Court who has 26
registered a corresponding order; and 27
(b) a reference to a court in subsection (1)(g) of the relevant 28
provision includes a reference to the court where the 29
corresponding order was registered. 30
s 47 39 s 47
Child Protection (Offender Prohibition Order) Bill
2007
(4) In this section-- 1
relevant provision means the Evidence Act 1977, section 53. 2
Note-- 3
See also the Evidence Act 1995 (Cwlth), sections 5, 157 and 158 for 4
proof of corresponding orders. 5
47 Evidentiary provisions 6
(1) An averment in a complaint that-- 7
(a) a stated person was served with a copy of a stated 8
offender prohibition order, stated corresponding order or 9
stated registered corresponding order by a stated process 10
server on a stated date; or 11
(b) a stated process server was authorised to serve a stated 12
corresponding order; or 13
(c) the respondent for an offender prohibition order or 14
corresponding order was present in court when the order 15
was made; or 16
(d) the respondent for a registered corresponding order was 17
present in court when the order was registered; 18
is evidence of the stated matters. 19
(2) An affidavit by a stated process server stating the date, time 20
and way the process server served a stated offender 21
prohibition order on a stated person is evidence of the stated 22
matters. 23
(3) If a defendant intends to challenge a matter stated in any of 24
the following paragraphs at a hearing in a proceeding for an 25
offence against this Act, the defendant must give written 26
notice of the challenge to the prosecution at least 3 business 27
days before the day fixed for the hearing-- 28
(a) an averment mentioned in subsection (1); 29
(b) an affidavit mentioned in subsection (2). 30
(4) In this section-- 31
s 48 40 s 49
Child Protection (Offender Prohibition Order) Bill
2007
court, in relation to the making of a corresponding order, 1
means any court or judicial officer of another jurisdiction that 2
made the order. 3
process server means-- 4
(a) a police officer; or 5
(b) in relation to a registered corresponding order, a 6
member of the police force of the jurisdiction where the 7
order was made or another person authorised under the 8
law of that jurisdiction to serve the order. 9
Part 8 Appeals 10
48 Who may appeal 11
The commissioner, or the respondent for an offender 12
prohibition order or registered corresponding order (the 13
relevant order), may appeal to the following entity (the 14
appeal court) against a decision made by a court under this 15
Act (the relevant decision) in relation to the relevant order-- 16
(a) for a child respondent--a Childrens Court constituted 17
by a Childrens Court judge; or 18
(b) otherwise--the District Court. 19
49 Starting an appeal 20
(1) The appeal must be started within 28 days after the following 21
(the appeal period)-- 22
(a) the day the relevant decision is made; or 23
(b) if the relevant decision was made in the absence of the 24
respondent for the relevant order--the day on which a 25
copy of the order resulting from the relevant decision is 26
served on the respondent for the relevant order. 27
(2) On application, the appeal court may extend the appeal 28
period. 29
s 50 41 s 50
Child Protection (Offender Prohibition Order) Bill
2007
(3) The appeal must be started by filing a notice of appeal in 1
writing with the registrar of the appeal court. 2
(4) If it appears to the appeal court that it is not reasonably 3
practicable to serve a copy of the notice of appeal on the 4
respondent to the appeal, the appeal court may make an order 5
substituting another way of serving the notice of appeal. 6
(5) The appeal must be heard in the presence of only the 7
following-- 8
(a) the appellant; 9
(b) the respondent; 10
(c) any witness the appeal court allows for the proceeding; 11
(d) anyone else the appeal court considers appropriate to be 12
present and allows to be present; 13
Examples-- 14
· a parent of a child respondent 15
· another person who is able to provide cultural or emotional 16
support for the respondent or a witness 17
· a person conducting relevant academic or scientific research 18
(e) a lawyer representing anyone mentioned in paragraph 19
(a), (b) or (c). 20
50 Nature of an appeal 21
(1) The appeal is by way of rehearing and, subject to section 49, 22
under the Uniform Civil Procedure Rules 1999 or, to the 23
extent the rules can not be applied to the appeal, in accordance 24
with directions given by a judge of-- 25
(a) for a child respondent--the Childrens Court; or 26
(b) otherwise--the District Court. 27
(2) Despite subsection (1), further evidence may not be admitted 28
on the appeal. 29
(3) An appeal against a relevant decision does not stay the 30
operation of the relevant order, unless the appeal court orders 31
otherwise. 32
s 51 42 s 53
Child Protection (Offender Prohibition Order) Bill
2007
51 Powers on an appeal 1
(1) The appeal court may, on an appeal against a relevant 2
decision about an offender prohibition order-- 3
(a) make, vary or revoke the offender prohibition order, as it 4
considers appropriate; or 5
(b) make another order or decision it considers should have 6
been made. 7
(2) The appeal court may, on an appeal against a relevant decision 8
about a registered corresponding order-- 9
(a) register, or revoke the registration of, the corresponding 10
order or a variation of it; or 11
(b) make another order or decision it considers should have 12
been made. 13
(3) An order or decision made under subsection (1)(b) or (2)(b) 14
takes effect from when it is made. 15
52 Court may not award costs unless an application is 16
frivolous or vexatious or another abuse of process 17
An appeal court must not award costs on an appeal under this 18
part unless the appeal court dismisses the application as 19
frivolous or vexatious or another abuse of process. 20
Part 9 Miscellaneous 21
53 Service of documents 22
(1) This section applies if a provision of this Act requires a police 23
officer, including the commissioner, to serve a document on a 24
respondent for a proposed offender prohibition order, an 25
offender prohibition order, a corresponding order or a 26
registered corresponding order. 27
s 54 43 s 55
Child Protection (Offender Prohibition Order) Bill
2007
(2) This section also applies for the purpose of service of notice 1
on a respondent in relation to an application for a temporary 2
order if notice is given. 3
(3) The document must be served personally on the respondent. 4
(4) However if, despite reasonable attempts being made, a police 5
officer is unable to personally serve a document on the 6
respondent, the commissioner may apply to the court to 7
authorise substituted service under subsection (5). 8
(5) If it appears to the court that it is not reasonably practicable to 9
serve the document personally on the respondent, the court 10
may authorise another way of serving it (substituted service). 11
Example-- 12
by personal service of the document on a relative, guardian or other 13
person with whom the respondent is known to associate 14
(6) When serving an appearance notice personally on the 15
respondent, the police officer must explain the contents of the 16
appearance notice to the respondent in language likely to be 17
understood by the respondent, having regard, for example, to 18
the respondent's age and cultural, educational and social 19
background. 20
(7) A document that is to be served personally on a child 21
respondent-- 22
(a) must be served on the child respondent as discreetly as 23
possible; and 24
(b) must not be served on the child respondent at or in the 25
vicinity of his or her place of employment or school, 26
unless there is no other place where the document may 27
reasonably be served on the child respondent. 28
54 No filing fee is payable 29
A fee is not payable for making an application, or filing 30
another document, under this Act. 31
55 Approval of forms 32
The commissioner may approve forms for use under this Act. 33
s 56 44 s 59
Child Protection (Offender Prohibition Order) Bill
2007
56 Review of Act 1
(1) The Crime and Misconduct Commission must review the 2
operation of this Act and prepare a report on the review. 3
(2) The conduct of the review and the preparation of the report is 4
a function of the Crime and Misconduct Commission for the 5
CMC Act. 6
(3) The review must be started as soon as practicable after 5 years 7
after the commencement of this section. 8
(4) The Crime and Misconduct Commission must give a copy of 9
the report to the Speaker for tabling in the Legislative 10
Assembly. 11
(5) In this section-- 12
CMC Act means the Crime and Misconduct Act 2001. 13
Crime and Misconduct Commission means the Crime and 14
Misconduct Commission established under the CMC Act. 15
57 Regulation-making power 16
The Governor in Council may make regulations under this 17
Act. 18
Part 10 Amendment of Child Protection 19
Amendment Act 2000 20
58 Act amended in pt 10 21
This part amends the Child Protection Amendment Act 2000. 22
59 Amendment of schedule (Amendments for omission of 23
chapter 7, part 7 of the Child Protection Act 1999) 24
Schedule, item 4-- 25
omit, insert-- 26
s 60 45 s 62
Child Protection (Offender Prohibition Order) Bill
2007
`4 Chapter 9, after section 260-- 1
insert-- 2
`Part 2A Saving provision for Child 3
Protection Amendment Act 4
2000 5
`260A Declaration under repealed s 243 (Transfer from a 6
non-participating State) 7
`A child protection order made by declaration under section 8
243 before the repeal of that section, and in force immediately 9
before the repeal, is not affected by the repeal.'.'. 10
Part 11 Amendment of Child Protection 11
(Offender Reporting) Act 2004 12
60 Act amended in pt 11 13
This part amends the Child Protection (Offender Reporting) 14
Act 2004. 15
61 Amendment of s 5 (Reportable offender defined) 16
Section 5(1)-- 17
insert-- 18
`(c) a person who, under the Child Protection (Offender 19
Prohibition Order) Act 2007, is taken to be a reportable 20
offender.'. 21
62 Amendment of s 13 (Offender reporting orders) 22
Section 13(5)-- 23
omit, insert-- 24
`(5) A court may make an offender reporting order-- 25
(a) on its own initiative; or 26
s 63 46 s 65
Child Protection (Offender Prohibition Order) Bill
2007
(b) on an application for the imposition of the order made 1
by the prosecution.'. 2
63 Insertion of new s 50A 3
After section 50-- 4
insert-- 5
`50A Doing things prohibited under Commission for 6
Children and Young People and Child Guardian Act 7
2000 8
`A reportable offender must not, after the commencement of 9
the Commission for Children and Young People and Child 10
Guardian Act 2000, section 101AA-- 11
(a) sign an application as a relevant person under section 12
100 of that Act; or 13
(b) make an application under section 101 of that Act; 14
if the reportable offender's reporting period has not ended. 15
Maximum penalty--150 penalty units or 2 years 16
imprisonment.'. 17
Part 12 Amendment of Commission for 18
Children and Young People and 19
Child Guardian Act 2000 20
64 Act amended in pt 12 21
This part amends the Commission for Children and Young 22
People and Child Guardian Act 2000. 23
65 Amendment of s 95 (Main purpose of pt 6) 24
(1) Section 95, heading, `Main purpose'-- 25
omit, insert-- 26
s 66 47 s 67
Child Protection (Offender Prohibition Order) Bill
2007
`Purposes'. 1
(2) Section 95-- 2
insert-- 3
`(2) Another purpose is to ensure that a person who is a relevant 4
reportable offender-- 5
(a) does not hold a positive notice; and 6
(b) is not employed in regulated employment; and 7
(c) does not carry on a regulated business.'. 8
66 Insertion of new s 99EA 9
After section 99E-- 10
insert-- 11
`99EA Who is a reportable offender or a relevant reportable 12
offender 13
`(1) A reportable offender is a person who is a reportable offender 14
under the Child Protection (Offender Reporting) Act 2004. 15
`(2) A relevant reportable offender is-- 16
(a) a reportable offender whose reporting period for the 17
Child Protection (Offender Reporting) Act 2004 has not 18
ended; or 19
(b) a respondent for an offender prohibition order or 20
registered corresponding order under the Child 21
Protection (Offender Prohibition Order) Act 2007.'. 22
67 Amendment of s 101A (Notice of change of employment, 23
or name and contact details in application under s 100 or 24
101) 25
(1) Section 101A, heading-- 26
omit, insert-- 27
`101A Notice of change of details for application under s 100 or 28
101'. 29
(2) Section 101A(1)-- 30
s 68 48 s 69
Child Protection (Offender Prohibition Order) Bill
2007
insert-- 1
`(d) the relevant person becomes a relevant reportable 2
offender.'. 3
68 Insertion of new s 101AA 4
After section 101A-- 5
insert-- 6
`101AA Relevant reportable offender prohibited from signing 7
or making an application 8
`(1) This section applies to a relevant reportable offender if 9
immediately before the commencement of this section, the 10
relevant reportable offender did not hold a current positive 11
notice. 12
`(2) The relevant reportable offender can not-- 13
(a) sign an application as a relevant person under section 14
100; or 15
(b) make an application under section 101. 16
Note-- 17
See the Child Protection (Offender Reporting) Act 2004, section 50A.'. 18
69 Amendment of s 102 (Decision on application) 19
Section 102-- 20
insert-- 21
`(9) Subsection (10) applies to a relevant person whether or not the 22
commissioner is aware of a conviction of the relevant person 23
as mentioned in subsection (6)(a) or (b). 24
`(10) If, under an Act, the commissioner is notified by the police 25
commissioner that, for the relevant person, there is an 26
outstanding charge for an offence against the Child Protection 27
(Offender Reporting) Act 2004, section 50A, the 28
commissioner must issue a negative notice to the relevant 29
person.'. 30
s 70 49 s 70
Child Protection (Offender Prohibition Order) Bill
2007
70 Insertion of new pt 6, div 4A 1
After section 120A-- 2
insert-- 3
`Division 4A Other provisions about reportable 4
offenders 5
`120B Reportable offender who is a respondent for a 6
temporary order 7
`(1) This section applies to a person who-- 8
(a) holds a current positive notice; and 9
(b) becomes a respondent for a temporary order under the 10
Child Protection (Offender Prohibition Order) Act 2007. 11
`(2) The person is taken, for section 119C, to have been charged 12
with an excluding offence. 13
`(3) The person's positive notice must be suspended under section 14
119C. 15
`(4) While the temporary order is in force, the person can not 16
make an application under section 119D. 17
`(5) However, when the temporary order stops being in force, 18
section 119D applies to the person as if the person had not 19
been convicted of an offence for which the positive notice was 20
suspended. 21
`120C Other reportable offenders 22
`(1) This section applies to a person, other than a person to whom 23
section 120B applies, who holds a current positive notice 24
and-- 25
(a) on the commencement of this section, is a relevant 26
reportable offender; or 27
(b) becomes a relevant reportable offender. 28
`(2) The commissioner must cancel the person's positive notice 29
and substitute a negative notice under section 119A. 30
`(3) For subsection (2)-- 31
s 70 50 s 70
Child Protection (Offender Prohibition Order) Bill
2007
(a) the person is taken to have been convicted, after the 1
commencement of section 119A, of an excluding 2
offence for which an imprisonment order is imposed; 3
and 4
(b) section 119B and 119D do not apply to the person. 5
`(4) However, if the person is no longer a relevant reportable 6
offender because the reporting period for the person for the 7
Child Protection (Offender Reporting) Act 2004 has ended, 8
section 119(2)(b) applies in relation to the person as if the 9
penalty that required the commissioner to cancel the positive 10
notice and issue a negative notice were not upheld on appeal. 11
`120D Application for review that is taken to be withdrawn 12
`An application made by a person to the Children Services 13
Tribunal for a review of a decision mentioned in section 14
121(1) is taken to be withdrawn if-- 15
(a) for an application made before the commencement of 16
this section--on the commencement the person is, or 17
after the commencement the person subsequently 18
becomes, a relevant reportable offender; or 19
(b) otherwise--at the time of the application the person is, 20
or after the application is made the person subsequently 21
becomes, a relevant reportable offender. 22
`120E Disclosure of information about offender prohibition 23
orders 24
`(1) The police commissioner must disclose to the commissioner 25
information identifying a person as a respondent for an 26
offender prohibition order or registered corresponding order 27
under the Child Protection (Offender Prohibition Order) Act 28
2007. 29
`(2) If the person stops being a respondent for the order mentioned 30
in subsection (1), the police commissioner must notify the 31
commissioner that the person is no longer a respondent for the 32
order.'. 33
s 71 51 s 73
Child Protection (Offender Prohibition Order) Bill
2007
71 Amendment of s 121 (Person may apply for review of 1
decision) 2
(1) Section 121(1A), after `excluding offence'-- 3
insert-- 4
`or a section 50A offence'. 5
(2) Section 121-- 6
insert-- 7
`(1B) Also, a person may apply to the Children Services Tribunal 8
for a review of the issue of a negative notice under section 9
102(10) if the person claims there is no outstanding charge 10
against the person for a section 50A offence.'. 11
(3) Section 121(2) and (3), after `subsection (1)'-- 12
insert-- 13
`or (1B)'. 14
(4) Section 121(5)-- 15
insert-- 16
`section 50A offence means an offence against the Child 17
Protection (Offender Reporting) Act 2004, section 50A.'. 18
72 Omission of s 121B (Police commissioner not to delegate 19
power under s 121A) 20
Section 121B-- 21
omit. 22
73 Amendment of sch 4 (Dictionary) 23
Schedule 4-- 24
insert-- 25
`relevant reportable offender, for part 6, see section 99EA(2). 26
reportable offender, for part 6, see section 99EA(1).'. 27
52
Child Protection (Offender Prohibition Order) Bill
2007
Schedule Dictionary 1
section 4 2
adult respondent means a respondent who is not a child 3
respondent. 4
appeal court, for part 8, see section 48. 5
appearance notice, for a proceeding for an order, means a 6
notice in the approved form stating the following in relation to 7
the order-- 8
(a) that an application for the order will be made against the 9
respondent; 10
(b) when and where the application is to be heard; 11
(c) that the respondent is required to appear at the hearing 12
to be heard on the application; 13
(d) that the court may make the order in the respondent's 14
absence if the respondent fails to appear at the hearing; 15
(e) that on the making of the order-- 16
(i) the respondent becomes a reportable offender 17
under the Offender Reporting Act; and 18
(ii) the respondent is prohibited from applying for a 19
positive notice; and 20
(iii) any positive notice or positive notice blue card held 21
by the respondent is cancelled; 22
(f) that the order may be registered in a jurisdiction other 23
than Queensland, including a jurisdiction outside 24
Australia, if a law of the other jurisdiction provides for 25
the registration. 26
application documents, for an order, see section 7(3). 27
approved form means a form approved under section 55. 28
chief executive (child safety) means the chief executive of the 29
department in which the Child Protection Act 1999 is 30
administered. 31
53
Child Protection (Offender Prohibition Order) Bill
2007
Schedule (continued)
chief executive (communities) means the chief executive of 1
the department in which the Juvenile Justice Act 1992 is 2
administered. 3
chief executive (education) means the chief executive of the 4
department in which the Education (General Provisions) Act 5
2006 is administered. 6
children's commissioner means the Commissioner for 7
Children and Young People and Child Guardian under the 8
Commission for Children and Young People and Child 9
Guardian Act 2000. 10
child respondent means-- 11
(a) for a temporary order--a respondent who is a child 12
when the application for the temporary order is made; or 13
(b) for a corresponding order or registered corresponding 14
order--a respondent who is a child when the 15
corresponding order is registered under this Act; or 16
(c) otherwise--a respondent who is a child when the 17
application for the offender prohibition order is made. 18
commissioner means the commissioner of the police service. 19
committed against a child includes committed in relation to a 20
child. 21
conduct includes an act, omission and course of conduct. 22
conviction includes a finding of guilt, and the acceptance of a 23
plea of guilty, by a court, whether or not a conviction is 24
recorded. 25
corresponding order means an order made under a law of a 26
jurisdiction other than Queensland, including a jurisdiction 27
outside Australia, that closely corresponds to an offender 28
prohibition order. 29
court means-- 30
(a) for an offender prohibition order for a child 31
respondent--the Childrens Court constituted by a 32
Childrens Court magistrate; or 33
54
Child Protection (Offender Prohibition Order) Bill
2007
Schedule (continued)
(b) otherwise--a Magistrates Court, other than a 1
Magistrates Court constituted by justices who are not 2
magistrates. 3
final order, for part 2, division 2, see section 13. 4
forensic order means a forensic order (Criminal Code) or a 5
forensic order (Mental Health Court) within the meaning of 6
the Mental Health Act 2000. 7
government entity means a government entity within the 8
meaning of the Public Service Act 1996. 9
lawyer means an Australian lawyer within the meaning of the 10
Legal Profession Act 2007 who, under that Act, may engage 11
in legal practice in this State. 12
magistrate, for a child respondent, means a Childrens Court 13
magistrate. 14
offender prohibition order means an order or, other than in 15
section 6, a temporary order prohibiting a relevant sexual 16
offender named in the order from engaging in particular 17
conduct. 18
Offender Reporting Act means the Child Protection 19
(Offender Reporting) Act 2004. 20
order see section 6(1). 21
parent, of a person, means a parent or guardian of the person 22
and includes-- 23
(a) for an Aboriginal person--a person, who under 24
Aboriginal tradition, is regarded as a parent of the 25
person; or 26
(b) for a Torres Strait Islander person--a person, who under 27
Island custom, is regarded as a parent of the person; 28
but does not include an approved carer of the person under the 29
Child Protection Act 1999. 30
positive notice means a positive notice under the Commission 31
for Children and Young People and Child Guardian Act 2000. 32
55
Child Protection (Offender Prohibition Order) Bill
2007
Schedule (continued)
positive notice blue card means a positive notice blue card 1
under the Commission for Children and Young People and 2
Child Guardian Act 2000. 3
prescribed entity means any of the following entities-- 4
(a) the chief executive (child safety); 5
(b) the chief executive (communities); 6
(c) the chief executive (education); 7
(d) children's commissioner. 8
registered corresponding order means a corresponding order 9
registered under section 27. 10
registrar, for part 3, see section 26. 11
relevant decision, for part 8, see section 48. 12
relevant order, for part 8, see section 48. 13
relevant sexual offender means a following person who is not 14
subject to a supervision order or interim supervision order 15
under the Dangerous Prisoners (Sexual Offenders) Act 2003 16
or a forensic order-- 17
(a) a person who is a reportable offender; 18
(b) a person who would be a reportable offender if the 19
person's sentence for a reportable offence had not ended 20
before the commencement of the Offender Reporting 21
Act, section 5. 22
reportable offence means a reportable offence under the 23
Offender Reporting Act. 24
reportable offender means a person who is a reportable 25
offender under the Offender Reporting Act. 26
respondent means-- 27
(a) for a proposed offender prohibition order--the person 28
who is the respondent to the application for the 29
proposed offender prohibition order; or 30
(b) for an offender prohibition order--the person against 31
whom the offender prohibition order is made; or 32
56
Child Protection (Offender Prohibition Order) Bill
2007
Schedule (continued)
(c) for a corresponding order or a registered corresponding 1
order--the person against whom the corresponding 2
order was made. 3
section 54 notice see section 23(4). 4
temporary order see section 13. 5
© State of Queensland 2007
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