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This is a Bill, not an Act. For current law, see the Acts databases.


CHILD PROTECTION (OFFENDER REPORTING) BILL 2004

          Queensland



Child Protection (Offender
Reporting) Bill 2004

 


 

 

Queensland Child Protection (Offender Reporting) Bill 2004 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 2 Interpretation 5 Reportable offender defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Existing reportable offender defined. . . . . . . . . . . . . . . . . . . . . . . 10 7 Corresponding reportable offender defined . . . . . . . . . . . . . . . . . 10 8 New South Wales reportable offender defined . . . . . . . . . . . . . . . 11 9 Reportable offence defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Finding of guilt defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 References to other terms and concepts . . . . . . . . . . . . . . . . . . . 12 12 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3 Offender reporting orders 13 Offender reporting orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 4 Reporting obligations Division 1 Initial report 14 When initial report must be made. . . . . . . . . . . . . . . . . . . . . . . . . 14 15 When offender must make new initial report after previous reporting obligations have stopped. . . . . . . . . . . . . . . . . . . . . . . . 16 16 Personal details that are to be reported . . . . . . . . . . . . . . . . . . . . 18 17 Persons required to report under corresponding Act . . . . . . . . . . 20 Division 2 Ongoing reporting obligations 18 Reportable offender must report annually . . . . . . . . . . . . . . . . . . 21

 


 

2 Child Protection (Offender Reporting) Bill 2004 19 Reportable offender must report changes to relevant personal details .......................................... 22 20 Intended absence from Queensland to be reported. . . . . . . . . . . 23 21 Change of travel plans while out of Queensland to be given . . . . 24 22 Reportable offender to report return to Queensland or decision not to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 23 Report of other absences from Queensland . . . . . . . . . . . . . . . . 25 24 Information about international travel to be given to the AFP. . . . 25 Division 3 Provisions applying to all reporting obligations 25 Where report must be made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 How reports must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 Right to privacy and support when reporting . . . . . . . . . . . . . . . . 27 28 Receipt of information to be acknowledged . . . . . . . . . . . . . . . . . 28 29 Additional matters to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Power to take fingerprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Power to take photographs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 32 Retention of material for law enforcement, crime prevention or child protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 33 Reporting by remote offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 4 Suspension and extension of reporting obligations 34 Suspension and extension of reporting obligations . . . . . . . . . . . 32 Division 5 Reporting period 35 When reporting obligations begin. . . . . . . . . . . . . . . . . . . . . . . . . 33 36 Length of reporting period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 37 Reduced period applies for juvenile reportable offenders . . . . . . 35 38 Extended reporting period if reportable offender still on post-prison community based release . . . . . . . . . . . . . . . . . . . . . 36 39 Reporting period for corresponding reportable offenders. . . . . . . 36 40 Reporting period for New South Wales reportable offenders . . . . 36 Division 6 Exemption from reporting obligations 41 Supreme Court may exempt particular reportable offenders . . . . 37 42 Order for suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 43 Commission for Children and Young People and Child Guardian is party to an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 44 Police to be notified of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 45 No costs to be awarded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 46 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 47 Restriction on right of unsuccessful applicant to re-apply for order ......................................... 39

 


 

3 Child Protection (Offender Reporting) Bill 2004 48 When order stops having effect . . . . . . . . . . . . . . . . . . . . . . . . . . 39 49 Application for new order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 7 Offences 50 Failure to comply with reporting obligations . . . . . . . . . . . . . . . . . 40 51 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 41 52 No time limit for prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 53 Bar to prosecution for failing to report leaving Queensland . . . . . 42 Division 8 Notification of reporting obligations 54 Notice to be given to reportable offender . . . . . . . . . . . . . . . . . . . 42 55 Courts to provide sentencing information to police commissioner 43 56 Notice to be given when reporting period changes . . . . . . . . . . . 44 57 Supervising authority to notify police commissioner of personal details ........................................... 44 58 Supervising authority to notify police commissioner of particular events ........................................... 44 59 Notices may be given by police commissioner . . . . . . . . . . . . . . . 45 60 Power of detention to enable notice to be given. . . . . . . . . . . . . . 45 61 Failure to comply with procedural requirements does not affect reportable offender's obligations. . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 9 Modified reporting procedures for protected witnesses 62 Who this division applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 63 Report need not be made in person. . . . . . . . . . . . . . . . . . . . . . . 48 64 Order about whether this division applies . . . . . . . . . . . . . . . . . . 48 65 Appeal against order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 66 When order takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 67 Modification of reporting obligations. . . . . . . . . . . . . . . . . . . . . . . 50 Part 5 The register 68 Child protection register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 69 Access to the register to be restricted . . . . . . . . . . . . . . . . . . . . . 51 70 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71 Release of information to corresponding registrar . . . . . . . . . . . . 52 72 Restriction on who may access personal information on protected witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 73 Reportable offender's rights in relation to register . . . . . . . . . . . . 52 74 Review of decision to place person on register . . . . . . . . . . . . . . 53 Part 6 Other matters 75 Protection from personal liability . . . . . . . . . . . . . . . . . . . . . . . . . 54 76 Effect of spent convictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

 


 

4 Child Protection (Offender Reporting) Bill 2004 77 Evidence certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 78 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 7 Consequential Amendments Division 1 Corrective Services Act 2000 79 Act amended in this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 80 Omission of s 132A (Definitions for pt 1) . . . . . . . . . . . . . . . . . . . 56 81 Amendment of s 142 (Conditions for release to work orders) . . . 56 82 Amendment of s 143 (Conditions for home detention orders) . . . 56 83 Amendment of s 144 (Conditions for parole) . . . . . . . . . . . . . . . . 56 84 Omission of ss 144A and 144B . . . . . . . . . . . . . . . . . . . . . . . . . . 56 85 Omission of ch 7, pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 86 Insertion of new ch 7, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 274F Transfer of reporting obligations to Offender Reporting Act ........................... 57 87 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2 Criminal Law Amendment Act 1945 88 Act amended in this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 89 Amendment of s 17 (Probation orders in cases of sexual offences) ...................................... 58 90 Omission of pt 4 (Sexual offenders to report). . . . . . . . . . . . . . . . 58 91 Replacement of pt 5, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . 58 23 Transfer of reporting obligations to Offender Reporting Act ........................... 58 Division 3 Freedom of Information Act 1992 92 Act amended in this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 93 Amendment of sch 1 (Secrecy provisions giving exemption) . . . . 59 Division 4 Mental Health Act 2000 94 Act amended in this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 95 Amendment of s 205 (Notice of decision) . . . . . . . . . . . . . . . . . . 59 96 Amendment of s 288 (Mental Health Court may make forensic order) ........................................... 60 Schedule 1 Class 1 offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Schedule 2 Class 2 offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

 


 

2004 A Bill for An Act to require particular offenders who commit sexual, or particular other serious, offences against children to keep police informed of their whereabouts and other personal details for a period of time, to reduce the likelihood that they will re-offend, and to facilitate the investigation and prosecution of any future offences that they may commit, and for related purposes

 


 

s1 6 s3 Child Protection (Offender Reporting) Bill 2004 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 Reporting) Act 2004. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Purpose of this Act 8 (1) The purpose of this Act is to require particular offenders who 9 commit sexual, or particular other serious, offences against 10 children to keep police informed of their whereabouts and 11 other personal details for a period of time after their release 12 into the community-- 13 (a) to reduce the likelihood that they will re-offend; and 14 (b) to facilitate the investigation and prosecution of any 15 future offences that they may commit. 16 (2) In outline, this Act-- 17 (a) provides for the establishment of a child protection 18 register; and 19 (b) requires offenders who are sentenced for reportable 20 offences after the commencement date to report 21 specified personal details for inclusion in the register, 22 and extends this requirement to particular offenders 23 sentenced for reportable offences before that date; and 24 (c) requires those reportable offenders to keep those details 25 up to date, to report those details annually and to also 26 report particular travel plans; and 27

 


 

s4 7 s5 Child Protection (Offender Reporting) Bill 2004 (d) imposes those reporting obligations for a period of 1 between 4 years and life, depending on the number, 2 severity and timing of the offences committed, and the 3 age of the reportable offender at the time an offence was 4 committed; and 5 (e) allows for the recognition of the period of reporting 6 obligations imposed under laws of foreign jurisdictions. 7 (3) Subsection (2) is intended only as a guide to readers about the 8 general scheme and effect of this Act. 9 4 Notes in text 10 A note in the text of this Act is part of the Act. 11 Part 2 Interpretation 12 5 Reportable offender defined 13 (1) A reportable offender is-- 14 (a) a person who is sentenced for a reportable offence after 15 the commencement of this section; or 16 (b) a person who is-- 17 (i) an existing reportable offender; or 18 (ii) a corresponding reportable offender; or 19 (iii) a New South Wales reportable offender; or 20 (iv) subject to an offender reporting order. 21 (2) However, a person mentioned in subsection (1)(a) is not a 22 reportable offender merely because-- 23 (a) the person was convicted of a class 1 or 2 offence, if the 24 conviction was not recorded under the Penalties and 25 Sentences Act 1992, section 12 or the Juvenile Justice 26 Act 1992, section 183, (or an equivalent order under the 27 laws of a foreign jurisdiction); or 28

 


 

s5 8 s5 Child Protection (Offender Reporting) Bill 2004 (b) the person was sentenced for a single class 2 offence, if 1 the sentence did not include-- 2 (i) a term of imprisonment, including a term of 3 imprisonment that is the subject of a home 4 detention order or an equivalent order under the 5 laws of a foreign jurisdiction; or 6 (ii) a requirement that the person be under the 7 supervision of a supervising authority or another 8 person or body; or 9 (c) the person, as a child, committed-- 10 (i) a single offence against the Criminal Code, 11 section 210;1 or 12 (ii) a single offence against the Classification of 13 Computer Games and Images Act 1995, 14 section 26(3),2 the Classification of Films Act 15 1991, section 41 or 423 or the Classification of 16 Publications Act 1991, section 13, 14, 15 or 16;4 or 17 (iii) a single offence of possessing or publishing child 18 pornography (in whatever terms expressed) under 19 the laws of Queensland; or 20 (iv) a single offence of possessing or publishing child 21 pornography (in whatever terms expressed) under 22 the laws of a foreign jurisdiction; or 23 (v) a single offence (including an offence under the 24 law of a foreign jurisdiction) that falls within a 25 class of offence that the regulations state is an 26 offence for the purposes of this subparagraph. 27 (3) Also, a person is not a reportable offender if the person-- 28 1 Criminal Code, section 210 (Indecent treatment of children under 16) 2 Classification of Computer Games and Images Act 1995, section 26 (Possession of objectionable computer game) 3 Classification of Films Act 1991, section 41 (Possession of objectionable film) or 42 (Making objectionable film) 4 Classification of Publications Act 1991, section 13 (Possession of prohibited publication), 14 (Possession of child abuse publication or child abuse photograph), 15 (Exhibition or display of prohibited publication or child abuse photograph) or 16 (Leaving prohibited publication or child abuse photograph in or on public place)

 


 

s5 9 s5 Child Protection (Offender Reporting) Bill 2004 (a) is receiving protection under a foreign witness 1 protection law specified under a regulation for the 2 purposes of this subsection; or 3 (b) has the same status as a person mentioned in 4 paragraph (a) under an order made under a 5 corresponding Act specified under a regulation for the 6 purposes of this subsection. 7 (4) A person stops being a reportable offender if-- 8 (a) the finding of guilt in relation to the only offence that 9 makes the person a reportable offender under this Act is 10 quashed or set aside by a court; or 11 (b) the person's sentence for the only offence that makes the 12 person a reportable offender under this Act is reduced or 13 altered so that the person would have been a person 14 mentioned in subsection (2)(a) or (b) had the amended 15 sentence been the original sentence; or 16 (c) the offender reporting order that makes the person a 17 reportable offender under this Act-- 18 (i) is quashed on appeal; or 19 (ii) if the order was made with a forensic order--ends 20 because of the revocation of the forensic order. 21 (5) For this section, it is irrelevant whether or not a person may 22 lodge, or has lodged, an appeal in relation to a finding of guilt, 23 sentence or offender reporting order. 24 (6) For subsection (1)(a), a person is a reportable offender even if 25 the reportable offence was committed before the 26 commencement of this section. 27 (7) For subsection (1)(b), a person is a reportable offender even if 28 the person was sentenced for the reportable offence before the 29 commencement of this section. 30 (8) A reference to a single offence in subsection (2)(b) and (c) 31 includes a reference to more than 1 offence of the same kind 32 arising from the same incident. 33 (9) In subsection (2)(b)(ii)-- 34 supervision of a supervising authority does not include 35 supervision under a fine option order. 36

 


 

s6 10 s7 Child Protection (Offender Reporting) Bill 2004 6 Existing reportable offender defined 1 (1) An existing reportable offender is-- 2 (a) a person who, as a result of having been sentenced for a 3 reportable offence before the commencement date-- 4 (i) is serving a term of imprisonment; or 5 (ii) is subject to a supervision order; or 6 (b) a person who, immediately before the commencement 7 date, was subject to a reporting order made under the 8 Criminal Law Amendment Act 1945, section 19.5 9 (2) Subsection (1)(a) does not apply if a conviction was not 10 recorded under the Penalties and Sentences Act 1992, 11 section 12 or the Juvenile Justice Act 1992, section 183. 12 7 Corresponding reportable offender defined 13 A corresponding reportable offender is a person who-- 14 (a) had at any time (whether before or after the 15 commencement of this section) been in a foreign 16 jurisdiction and at that time had been required to report 17 to the corresponding registrar in that jurisdiction for a 18 longer period than the person would be required to 19 report under this Act; and 20 (b) would, if the person were currently in that foreign 21 jurisdiction, be required to report to the corresponding 22 registrar in that jurisdiction for a longer period (the 23 recognised foreign reporting period) than the person 24 would be required to report under this Act; and 25 (c) falls within a class of person whom a regulation states is 26 a corresponding reportable offender. 27 28 Note-- 29 A regulation might prescribe a person to be a corresponding 30 reportable offender if the longer reporting period arises because 31 the foreign jurisdiction recognises, as a reportable offence, an 32 offence that is not a reportable offence under this Act, or the 5 Criminal Law Amendment Act 1945, section 19 (Sexual offender to report name and address)

 


 

s8 11 s 10 Child Protection (Offender Reporting) Bill 2004 1 corresponding Act commenced earlier than this Act, or for any 2 other reason. 8 New South Wales reportable offender defined 3 (1) A New South Wales reportable offender is a person who had 4 been in New South Wales at a time before the date stated in a 5 regulation for the purposes of this section and whose reporting 6 obligations under the New South Wales Act had begun at that 7 time, other than a person whom a regulation prescribes not to 8 be a New South Wales reportable offender for this Act. 9 (2) A regulation may prescribe a date before the commencement 10 date for subsection (1). 11 9 Reportable offence defined 12 A reportable offence is-- 13 (a) a class 1 offence; or 14 (b) a class 2 offence; or 15 (c) an offence that results in the making of an offender 16 reporting order. 17 10 Finding of guilt defined 18 (1) A reference to a finding of guilt in relation to an offence 19 (however expressed) committed by a person is a reference to 20 any of the following-- 21 (a) a court making a formal finding of guilt in relation to the 22 offence; 23 (b) a court convicting the person of the offence, if there has 24 been no formal finding of guilt before conviction; 25 (c) a court accepting a plea of guilty from the person in 26 relation to the offence; 27 (d) a court accepting an admission of guilt from the person 28 in relation to the offence for the purpose of the offence 29 being taken into account under the Penalties and 30 Sentences Act 1992, section 189 or the Juvenile Justice 31

 


 

s 11 12 s 13 Child Protection (Offender Reporting) Bill 2004 Act 1992, section 157, or under equivalent provisions of 1 the laws of a foreign jurisdiction. 2 (2) However, a reference to a finding of guilt does not include a 3 finding of guilt that is later quashed or set aside by a court. 4 11 References to other terms and concepts 5 (1) Offences arise from the same incident only if they are 6 committed-- 7 (a) within a single period of 24 hours; and 8 (b) against the same person. 9 (2) A reference to doing a thing in person is a reference to doing 10 the thing by personal attendance at a place, and is not a 11 reference to attending the place by phone or by other 12 electronic means. 13 12 Definitions 14 The dictionary in schedule 3 defines particular words used in 15 this Act. 16 Part 3 Offender reporting orders 17 13 Offender reporting orders 18 (1) If a court-- 19 (a) finds a person guilty of an offence that is not a class 1 20 or 2 offence; or 21 (b) makes a forensic order in relation to a person; 22 the court may also make an order that the person comply with 23 the reporting obligations of this Act (an offender reporting 24 order). 25 (2) However, the court may only make the offender reporting 26 order if it is satisfied that the person poses a risk to the lives or 27

 


 

s 13 13 s 13 Child Protection (Offender Reporting) Bill 2004 the sexual safety of 1 or more children, or of children 1 generally. 2 (3) For subsection (2), it is not necessary that the court be able to 3 identify a risk to particular children, or a particular class of 4 children. 5 (4) A court may only make an offender reporting order under 6 subsection (1)(a) if it-- 7 (a) imposes a sentence for the offence unless no conviction 8 is recorded under the Penalties and Sentences Act 1992, 9 section 126 or the Juvenile Justice Act 1992, 10 section 183;7 and 11 (b) makes the order concurrently with the sentence. 12 13 Note-- 14 The effect of this subsection is to prevent an offender reporting order 15 being made concurrently with an order dismissing the charge or 16 conditionally discharging the accused. (5) A court may only make an offender reporting order if an 17 application for the imposition of the order is made by the 18 prosecution. 19 (6) If a court-- 20 (a) has made an offender reporting order under 21 subsection (1)(a) in relation to a person, the person may 22 appeal against the making of the order under the 23 Criminal Code, chapter 67 as if the order were a 24 sentence pronounced on the conviction of the person for 25 an indictable offence; or 26 (b) has refused to make an offender reporting order under 27 subsection (1)(a) in relation to a person, the 28 Attorney-General may appeal against the refusal under 29 the Criminal Code, chapter 67 as if the refusal were a 30 sentence pronounced on conviction of the person for an 31 indictable offence. 32 (7) If a court-- 33 6 Penalties and Sentences Act 1992, section 12 (Court to consider whether or not to record conviction) 7 Juvenile Justice Act 1992, section 183 (Recording of conviction)

 


 

s 14 14 s 14 Child Protection (Offender Reporting) Bill 2004 (a) has made an offender reporting order under 1 subsection (1)(b) in relation to a person, the person may 2 appeal against the making of the order under the Mental 3 Health Act 2000, chapter 8, part 2 as if the order were a 4 decision of the Mental Health Court; or 5 (b) has refused to make an offender reporting order under 6 subsection (1)(b), the Attorney-General may appeal 7 against the refusal under the Mental Health Act 2000, 8 chapter 8, part 2 as if the order were a decision of the 9 Mental Health Court. 10 (8) For subsection (7), a reference to the Mental Health Court in 11 the Mental Health Act 2000, chapter 8, part 2 is to be read as a 12 reference to the court that made, or refused to make, the 13 offender reporting order. 14 (9) An order made under subsection (1)(b) ends if the forensic 15 order is revoked under the Mental Health Act 2000, 16 section 203.8 17 (10) For part 4, division 5, if, under subsection (1)(a), an offender 18 reporting order is imposed on a person for an offence, the 19 person is taken to have been found guilty of a class 2 offence. 20 Part 4 Reporting obligations 21 Division 1 Initial report 22 14 When initial report must be made 23 (1) A reportable offender of a kind mentioned in column 1 of the 24 table must report his or her personal details to the police 25 commissioner within the period specified for the offender in 26 column 2 of the table-- 27 8 Mental Health Act 2000, section 203 (Decisions on review)

 


 

s 14 15 s 14 Child Protection (Offender Reporting) Bill 2004 Table 1 Column 1 Column 2 Reportable offender Period for initial report A reportable offender (other than a Within 28 days after the person corresponding reportable offender) stops being in government who-- detention (a) enters government detention in Queensland on or after the commencement date as a result of having been sentenced for a reportable offence; and (b) stops being in government detention while in Queensland A reportable offender (other than a Within 90 days after the corresponding reportable offender) commencement date or 28 days who-- after the person stops being in (a) is in government detention in government detention, whichever Queensland immediately is the later before the commencement date; and (b) stops being in government detention while in Queensland A reportable offender (other than a Within 90 days after the corresponding reportable offender) commencement date or, if the who-- person is given written notice of his (a) is in Queensland on the or her reporting obligations within commencement date; but 72 days after that date, within (b) is not in government detention 28 days after the person is given at that time that notice A reportable offender (other than a Within 28 days after the offender corresponding reportable offender) reporting order is made who is subject to an offender reporting order Any other reportable offender who Within 28 days after the person is is sentenced for a reportable sentenced for the reportable offence in Queensland offence

 


 

s 15 16 s 15 Child Protection (Offender Reporting) Bill 2004 Column 1 Column 2 Reportable offender Period for initial report A reportable offender who-- Within 14 days after entering and (a) enters Queensland from a remaining in Queensland for 14 or foreign jurisdiction; and more consecutive days, not (b) has not previously been counting any days spent in required under this section to government detention report his or her personal details to the police commissioner A corresponding reportable Within 28 days after the person offender who-- becomes a corresponding (a) has not previously reported his reportable offender or 28 days after or her personal details to the the person stops being in police commissioner; and government detention, whichever (b) is in Queensland on the date is the later on which the person becomes a corresponding reportable offender (2) Despite subsection (1), a reportable offender must report his 1 or her personal details to the police commissioner before 2 leaving Queensland unless the offender-- 3 (a) entered Queensland from a foreign jurisdiction; and 4 (b) remained in Queensland for less than 14 consecutive 5 days, not counting any days spent in government 6 detention. 7 (3) If more than 1 circumstance mentioned in column 1 applies to 8 a reportable offender, the reportable offender must make an 9 initial report within the shorter of the periods mentioned in 10 column 2 for the circumstances. 11 15 When offender must make new initial report after 12 previous reporting obligations have stopped 13 (1) If a reportable offender's reporting period ends, but the 14 offender is then sentenced for a reportable offence, the 15 offender must report his or her personal details to the police 16 commissioner-- 17

 


 

s 15 17 s 15 Child Protection (Offender Reporting) Bill 2004 (a) within 28 days after the offender is sentenced for the 1 reportable offence; or 2 (b) if the reportable offender is in government 3 detention--within 28 days after the offender stops being 4 in government detention; 5 whichever is the later. 6 (2) If a reportable offender's reporting period ends, but the 7 offender then becomes a corresponding reportable offender 8 who must under section 399 continue to comply with the 9 reporting obligations imposed by this part for any period, the 10 offender must report his or her personal details to the police 11 commissioner-- 12 (a) within 28 days after the offender becomes a 13 corresponding reportable offender; or 14 (b) if the reportable offender is in government 15 detention--within 28 days after the offender stops being 16 in government detention; 17 whichever is the later. 18 (3) If a reportable offender's reporting obligations are suspended 19 by an order under section 4210 (or an equivalent order in a 20 foreign jurisdiction) and that order stops having effect under 21 section 4811 (or an equivalent provision of the laws of a 22 foreign jurisdiction), the offender must report his or her 23 personal details to the police commissioner-- 24 (a) within 28 days after the order stops having effect; or 25 (b) if the reportable offender is in government 26 detention--within 28 days after the offender stops being 27 in government detention; 28 whichever is the later. 29 (4) If a reportable offender is not in Queensland when the 30 offender would be required under subsection (1), (2) or (3) to 31 report his or her personal details to the police commissioner, 32 9 Section 39 (Reporting period for corresponding reportable offenders) 10 Section 42 (Order for suspension) 11 Section 48 (When order stops having effect)

 


 

s 16 18 s 16 Child Protection (Offender Reporting) Bill 2004 the offender must report his or her personal details within 1 14 days after entering and remaining in Queensland for 14 or 2 more consecutive days, not counting any days spent in 3 government detention. 4 (5) Despite subsections (1) to (3), a reportable offender must 5 report his or her personal details to the police commissioner 6 before leaving Queensland, unless the offender-- 7 (a) entered Queensland from a foreign jurisdiction; and 8 (b) remained in Queensland for less than 14 consecutive 9 days, not counting any days spent in government 10 detention. 11 16 Personal details that are to be reported 12 (1) The details that the reportable offender must report are-- 13 (a) the offender's name, together with any other name by 14 which the offender is, or has previously been, known; 15 and 16 (b) for each name other than the offender's current name, 17 the period during which the offender was known by that 18 other name; and 19 (c) the offender's date of birth; and 20 (d) the address of each of the premises at which the offender 21 generally resides or, if the offender does not generally 22 reside at any particular premises, the name of each of 23 the localities in which the offender can generally be 24 found; and 25 (e) the names and ages of any children who generally reside 26 in the same household as that in which the offender 27 generally resides, or with whom the offender has regular 28 unsupervised contact; and 29 (f) if the offender is employed-- 30 (i) the nature of his or her employment; and 31 (ii) the name of his or her employer (if any); and 32 (iii) the address of each of the premises at which the 33 offender is generally employed or, if the offender is 34

 


 

s 16 19 s 16 Child Protection (Offender Reporting) Bill 2004 not generally employed at any particular premises, 1 the name of each of the localities in which the 2 offender is generally employed; and 3 (g) details of the offender's affiliation with any club or 4 organisation that has child membership or child 5 participation in its activities; and 6 (h) the make, model, colour and registration number of any 7 motor vehicle owned by, or generally driven by, the 8 offender; and 9 (i) details of any tattoos or permanent distinguishing marks 10 that the offender has, including details of any tattoo or 11 mark that has been removed or changed; and 12 (j) whether the offender has ever been found guilty in any 13 foreign jurisdiction of a reportable offence or of an 14 offence that required the offender to report to a 15 corresponding registrar, or been subject to a 16 corresponding offender reporting order and, if so, where 17 that finding occurred or that order was made; and 18 (k) if the offender has been in government detention since 19 the offender was sentenced or released from government 20 detention for a reportable offence or corresponding 21 reportable offence--details of when and where the 22 government detention occurred; and 23 (l) if, when a report is made under this division, the 24 offender leaves, or intends to leave, Queensland to travel 25 elsewhere in Australia on an average of at least once a 26 month (irrespective of the length of the absence)-- 27 (i) the reason for travelling, in general terms; and 28 (ii) the frequency and destinations of the travel, in 29 general terms. 30 (2) For this section-- 31 (a) a reportable offender does not generally reside at any 32 particular premises unless the offender resides at those 33 premises for at least 14 days (whether consecutive or 34 not) in any period of 1 year; and 35 (b) a child does not generally reside in the same household 36 as a reportable offender unless they reside together in 37

 


 

s 17 20 s 17 Child Protection (Offender Reporting) Bill 2004 that household for at least 14 days (whether consecutive 1 or not) in any period of 1 year; and 2 (c) a reportable offender does not have regular unsupervised 3 contact with a child unless the offender has 4 unsupervised contact with the child for at least 14 days 5 (whether consecutive or not) in any period of 1 year; and 6 (d) a reportable offender is not generally employed at any 7 particular premises unless the offender is employed at 8 those premises for at least 14 days (whether consecutive 9 or not) in any period of 1 year; and 10 (e) a reportable offender does not generally drive a 11 particular motor vehicle unless the offender drives the 12 vehicle on at least 14 days (whether consecutive or not) 13 in any period of 1 year. 14 (3) For this section, an offender is employed if the offender-- 15 (a) works under a contract of employment; or 16 (b) works as a self-employed person or sub-contractor; or 17 (c) works as a volunteer for an organisation; or 18 (d) undertakes practical training as part of an educational or 19 vocational course; or 20 (e) works as a minister of religion, or in any other capacity, 21 for a religious organisation. 22 (4) For this section, a person is an employer if the person-- 23 (a) arranges, in the course of business, for the reportable 24 offender to be employed by another person; or 25 (b) engages the reportable offender under contract to work. 26 17 Persons required to report under corresponding Act 27 (1) This section applies to a person (other than one to whom 28 division 9 applies) who has been required to report to a 29 corresponding registrar, irrespective of whether the person is a 30 reportable offender for this Act. 31 (2) Unless the person has previously complied with the obligation 32 imposed by this section, the person must, within 7 days after 33 entering and remaining in Queensland, contact (by phone, or 34

 


 

s 18 21 s 18 Child Protection (Offender Reporting) Bill 2004 another way prescribed under a regulation) a person 1 nominated by the police commissioner for the purposes of this 2 section. 3 (3) The contact details of the nominated persons must be 4 available by contacting any police station. 5 (4) When contacted, a nominated person must advise the 6 person-- 7 (a) whether the person is a reportable offender under this 8 Act; and 9 (b) any reporting obligations that the person has under this 10 Act. 11 (5) A person is not guilty of an offence against section 5012 12 because of a failure to comply with the reporting obligation 13 imposed by subsection (2) if the person-- 14 (a) is not a reportable offender under this Act; or 15 (b) has not been notified of that reporting obligation; or 16 (c) does not remain in Queensland for 14 or more 17 consecutive days, not counting any days spent in 18 government detention; or 19 (d) reports under section 14.13 20 Division 2 Ongoing reporting obligations 21 18 Reportable offender must report annually 22 (1) A reportable offender must report his or her personal details to 23 the police commissioner each year. 24 (2) The reportable offender must make the report by the end of 25 the calendar month in which the anniversary of the date on 26 which the offender first reported under this Act, or a 27 corresponding Act, falls. 28 12 Section 50 (Failure to comply with reporting obligations) 13 Section 14 (When initial report must be made)

 


 

s 19 22 s 19 Child Protection (Offender Reporting) Bill 2004 1 Example-- 2 J first reported his personal details to the police commissioner on 3 11 May 2004. This section requires J to make a further report of those 4 details on or before 31 May 2005, 31 May 2006 ... (and so on). (3) If the reportable offender has been in government detention 5 since the offender last reported his or her personal details 6 under this section, the details that the offender must report 7 include details of when and where that government detention 8 occurred. 9 (4) If a reportable offender's reporting period ends, but the 10 offender is then required to report again under section 15,14 11 the reference to the date on which the offender first reported is 12 to be read as a reference to the date on which the offender first 13 reported in relation to the current reporting period. 14 19 Reportable offender must report changes to relevant 15 personal details 16 (1) A reportable offender must report to the police commissioner 17 any change in his or her personal details within 14 days after 18 the change occurs. 19 (2) For subsection (1), a change occurs-- 20 (a) in the place where the reportable offender or a child 21 generally resides; or 22 (b) as to when the reportable offender has unsupervised 23 contact with a child; or 24 (c) in the place where the reportable offender is generally 25 employed; or 26 (d) to the motor vehicle that the person generally drives; 27 only at the end of the relevant 14 day period mentioned in 28 section 16(2).15 29 (3) If the personal details of a reportable offender (other than one 30 to whom division 9 applies) change while the offender is not 31 in Queensland, the offender must report the change to the 32 14 Section 15 (When offender must make new initial report after previous reporting obligations have stopped) 15 Section 16 (Personal details that are to be reported)

 


 

s 20 23 s 20 Child Protection (Offender Reporting) Bill 2004 police commissioner within 14 days after entering and 1 remaining in Queensland for 14 or more consecutive days, not 2 counting any days spent in government detention. 3 4 Note-- 5 Under section 34,16 the reporting obligations of a reportable offender are 6 suspended while the offender is out of Queensland unless division 9 7 applies to the offender. (4) A reportable offender who is in government detention for 8 14 or more consecutive days must report his or her personal 9 details to the police commissioner-- 10 (a) within 28 days after the offender stops being in 11 government detention; or 12 (b) before leaving Queensland; 13 whichever is the sooner. 14 20 Intended absence from Queensland to be reported 15 (1) This section applies if a reportable offender-- 16 (a) intends to leave Queensland for 14 or more consecutive 17 days to travel elsewhere in Australia; or 18 (b) intends to leave Queensland to travel out of Australia. 19 (2) At least 7 days before leaving Queensland, the reportable 20 offender must report the intended travel to the police 21 commissioner and must give details of-- 22 (a) each State, Territory or country to which the offender 23 intends to go while out of Queensland; and 24 (b) the approximate dates during which the offender intends 25 to be in each of those States, Territories or countries; 26 and 27 (c) each address or location within each State, Territory or 28 country at which the offender intends to reside (to the 29 extent that they are known) and the approximate dates 30 during which the offender intends to reside at those 31 addresses or locations; and 32 16 Section 34 (Suspension and extension of reporting obligations)

 


 

s 21 24 s 21 Child Protection (Offender Reporting) Bill 2004 (d) if the offender intends to return to Queensland, the 1 approximate date on which the offender intends to 2 return; and 3 (e) if the offender does not intend to return to Queensland, a 4 statement of that intention. 5 (3) If circumstances arise making it impracticable for a reportable 6 offender to make the report 7 days before the offender leaves, 7 it is sufficient compliance with subsection (2) if the offender 8 reports the required information to the police commissioner at 9 least 24 hours before the intended travel. 10 21 Change of travel plans while out of Queensland to be 11 given 12 (1) This section applies if a reportable offender who is out of 13 Queensland decides-- 14 (a) to extend a stay elsewhere in Australia beyond 13 days; 15 or 16 (b) to change any details given to the police commissioner 17 under section 20. 18 (2) As soon as practicable after making the decision, the 19 reportable offender must-- 20 (a) if subsection (1)(a) applies--report the details required 21 by section 20(2) to the police commissioner (including 22 those details as they relate to the travel that has already 23 been completed); or 24 (b) if subsection (1)(b) applies--report the changed details 25 to the police commissioner. 26 (3) The reportable offender must make the report-- 27 (a) by fax or email sent to the police commissioner, or to 28 another address allowed under a regulation; or 29 (b) in another way allowed under a regulation. 30

 


 

s 22 25 s 24 Child Protection (Offender Reporting) Bill 2004 22 Reportable offender to report return to Queensland or 1 decision not to leave 2 (1) This section applies if a reportable offender was required to 3 report that the offender intended to leave Queensland under 4 section 20. 5 (2) If the reportable offender left Queensland, the offender must 6 report his or her return to Queensland to the police 7 commissioner within 14 days after entering and remaining in 8 Queensland for 14 or more consecutive days, not counting any 9 days spent in government detention. 10 (3) If the reportable offender decides not to leave Queensland, the 11 offender must report his or her change of intention to the 12 police commissioner within 14 days after deciding not to 13 leave. 14 23 Report of other absences from Queensland 15 (1) This section applies if a reportable offender, at the time of 16 making a report under this division, leaves, or intends to leave, 17 Queensland to travel elsewhere in Australia on an average of 18 at least once a month (irrespective of the length of the 19 absence). 20 (2) The reportable offender must report the following details to 21 the police commissioner-- 22 (a) the reason for travelling, in general terms; 23 (b) the frequency and destinations of the travel, in general 24 terms. 25 24 Information about international travel to be given to the 26 AFP 27 As soon as practicable after receiving a report under 28 section 20, 21 or 22 about a reportable offender's intentions in 29 relation to travel out of Australia, the police commissioner 30 must ensure that a copy of the report is given to the 31 commissioner of the Australian Federal Police. 32

 


 

s 25 26 s 25 Child Protection (Offender Reporting) Bill 2004 Division 3 Provisions applying to all reporting 1 obligations 2 25 Where report must be made 3 (1) A report under this part must be made-- 4 (a) at any police station in the locality in which the 5 reportable offender is currently residing (subject to 6 subsection (2)); or 7 (b) if a direction is given under a regulation about the police 8 station at which the report must be made, at that police 9 station; or 10 (c) at some other place approved (either generally or in a 11 particular case) by the police commissioner. 12 13 Example-- 14 The police commissioner may approve all authorised mental 15 health services under the Mental Health Act 2000 to be approved 16 places for forensic patients to report under this part. (2) If a police station in the locality in which a reportable offender 17 is currently residing is a restricted police station, the 18 offender-- 19 (a) with the police commissioner's approval, may make the 20 report at that station; or 21 (b) may make the report at the next nearest police station 22 that is not a restricted police station. 23 (3) For subsection (2), a restricted police station is a police 24 station that is a police station, or that falls within a class of 25 police station, that a regulation states is not to be used as a 26 venue for the purposes of this section without the police 27 commissioner's approval. 28 (4) This section does not apply if, under section 26(2), a report is 29 allowed to be made in a way that is inconsistent with this 30 section. 31

 


 

s 26 27 s 27 Child Protection (Offender Reporting) Bill 2004 26 How reports must be made 1 (1) A reportable offender must make the following reports in 2 person-- 3 (a) a report required by division 1 (initial report); 4 (b) a report required by section 18 (annual report); 5 (c) a report of a change of address of the premises at which 6 the offender generally resides or, if the offender does not 7 generally reside at any particular premises, of the 8 localities in which the offender can generally be found; 9 (d) a report of the acquisition of, removal of, or change to, 10 any tattoo or distinguishing mark. 11 (2) A reportable offender may make any other report that the 12 offender is required to make in person, or in another way 13 allowed under a regulation or by the police commissioner, 14 either generally or in a particular case. 15 (3) Only a police officer may receive a report made in person and 16 only a police officer, or another person approved by the police 17 commissioner, may receive a report made in another way 18 under subsection (2). 19 (4) If a reportable offender attending in person has a disability 20 that makes it impracticable for the offender to make a report, 21 any parent, guardian, carer or other person nominated by the 22 offender who is accompanying the offender may make the 23 report on the offender's behalf. 24 (5) Similarly, if a reportable offender who is allowed to make a 25 report other than in person under subsection (2) has a 26 disability that makes it impracticable for the offender to make 27 the report himself or herself, a parent, guardian, carer or other 28 person nominated by the offender may make the report on the 29 offender's behalf. 30 27 Right to privacy and support when reporting 31 (1) A person making a report under this part at a police station or 32 a place approved by the police commissioner-- 33 (a) is entitled to make the report out of the hearing of 34 members of the public; and 35

 


 

s 28 28 s 28 Child Protection (Offender Reporting) Bill 2004 (b) is entitled to be accompanied by a support person of the 1 person's own choosing. 2 (2) A police officer or other person receiving the report may 3 arrange for an interpreter to be present when a person is 4 making a report under this part. 5 (3) A police officer or other person receiving the report must not 6 allow an interpreter to be present when a person is making a 7 report under this part unless the interpreter has signed an 8 undertaking not to disclose any information derived from the 9 report unless required or authorised by or under any Act or 10 law to do so. 11 28 Receipt of information to be acknowledged 12 (1) As soon as practicable after receiving a report under this part, 13 the police officer or other person receiving the report must 14 acknowledge the making of the report. 15 (2) The acknowledgment-- 16 (a) must be in writing; and 17 (b) must be given to the person who made the report; and 18 (c) must include-- 19 (i) the name and signature of the police officer or 20 other person who received the report; and 21 (ii) the date and time when, and the place where, the 22 report was received; and 23 (iii) a copy of the information that was reported; and 24 (iv) a copy of the record of any agreement made under 25 subsection (4). 26 (3) If a report is not made in person, the police officer or other 27 person who received the report must as soon as practicable-- 28 (a) give the person making the report a unique reference 29 number; and 30 (b) record that number on the relevant reportable offender's 31 file and on the acknowledgment. 32

 


 

s 29 29 s 29 Child Protection (Offender Reporting) Bill 2004 (4) The police commissioner may make an agreement with the 1 reportable offender about the way in which a reference 2 number or acknowledgement required to be given by this 3 section may be given. 4 (5) The police commissioner must ensure-- 5 (a) that there is a method of recording an agreement made 6 under subsection (4); and 7 (b) that, except with the reportable offender's written 8 consent, a reference number or acknowledgement 9 required to be given by this section is given in 10 accordance with the agreement while the agreement 11 remains in force. 12 (6) The police commissioner must ensure that a copy of every 13 acknowledgment is kept. 14 29 Additional matters to be given 15 (1) If a report is required to be made in person, the person making 16 the report must also-- 17 (a) if the person is the reportable offender-- 18 (i) present for inspection the offender's driver licence 19 (if any) or another form of identification or other 20 document specified by a regulation for the 21 purposes of this section to verify or support details 22 in the report; and 23 (ii) provide a photograph of the reportable offender's 24 head and face of a type suitable for use in an 25 Australian passport; or 26 (b) if the person is not the reportable offender--present for 27 inspection the person's driver licence (if any) or another 28 form of identification specified by a regulation for the 29 purposes of this section. 30 (2) The police officer receiving the report may waive the 31 requirements of subsection (1)(a) or (b) if-- 32 (a) the reportable offender permits his or her fingerprints to 33 be taken immediately before or after the report is made; 34 or 35

 


 

s 30 30 s 31 Child Protection (Offender Reporting) Bill 2004 (b) the police officer is otherwise satisfied about the 1 reportable offender's identity. 2 (3) The police officer receiving the report may waive the 3 requirements of subsection (1)(b) if the officer is otherwise 4 satisfied about the person's identity. 5 (4) The police officer receiving a report may copy a document 6 presented to the officer for inspection under subsection (1)(a) 7 or (b). 8 (5) If a report is made otherwise than in person, a regulation may 9 specify-- 10 (a) the circumstances in which-- 11 (i) information about the identity of the reportable 12 offender and the identity of the person making the 13 report are required; and 14 (ii) a document verifying or supporting details in the 15 report are required; and 16 (b) the way in which the information or document must be 17 given; 18 but may not require an original document to be given. 19 30 Power to take fingerprints 20 (1) This section applies if a police officer-- 21 (a) is receiving a report made in person under this part; and 22 (b) is not reasonably satisfied about the reportable 23 offender's identity after the officer has examined all the 24 material relating to identity given or presented to the 25 officer by, or on behalf of, the reportable offender. 26 (2) The officer may take, or cause a person authorised by the 27 officer to take, the reportable offender's fingerprints. 28 31 Power to take photographs 29 (1) A police officer receiving a report made in person under this 30 part may require the reportable offender-- 31 (a) to be photographed; or 32

 


 

s 32 31 s 33 Child Protection (Offender Reporting) Bill 2004 (b) to expose any part of the offender's body to enable that 1 part of the body to be photographed by the officer or a 2 person authorised by the officer. 3 (2) However, a police officer can not require a reportable offender 4 to expose-- 5 (a) the offender's genitals; or 6 (b) the anal area of the offender's buttocks; or 7 (c) if the offender is a female or a transgender person who 8 identifies as a female--the offender's breasts. 9 32 Retention of material for law enforcement, crime 10 prevention or child protection 11 For law enforcement, crime prevention or child protection 12 purposes, the police commissioner may keep any of the 13 following taken under this division from a person-- 14 (a) copies of any documents; 15 (b) any fingerprints; 16 (c) any photographs. 17 33 Reporting by remote offenders 18 (1) This section applies if a reportable offender resides more than 19 100 kilometres from the nearest police station that is not a 20 restricted police station. 21 (2) A reportable offender need not comply with a time limit about 22 the making of a report in person under this part if-- 23 (a) the offender, or a person entitled to make the report on 24 the offender's behalf, contacts the police commissioner 25 before the time limit ends; and 26 (b) the police commissioner agrees to allow the report to be 27 made at a specific time, that is after the time limit, and at 28 a specific place; and 29 (c) before the specific time, the person gives the police 30 commissioner, by phone or another way, the information 31 required to be reported under division 1 or 2. 32

 


 

s 34 32 s 34 Child Protection (Offender Reporting) Bill 2004 (3) The police commissioner must ensure that there is a method 1 of recording all agreements made under this section. 2 (4) Without limiting subsection (3), the recording method must 3 result in the creation of a written record that-- 4 (a) is identified by a unique reference number; and 5 (b) identifies when and where each agreement was made; 6 and 7 (c) identifies the person who enters into any agreement; and 8 (d) contains the terms of any agreement. 9 (5) If an agreement is made under this section, the police 10 commissioner must ensure that the reportable offender is 11 given the reference number mentioned in subsection (4)(a). 12 (6) The police commissioner must ensure that there is a method 13 of recording all information given under subsection (2). 14 Division 4 Suspension and extension of 15 reporting obligations 16 34 Suspension and extension of reporting obligations 17 (1) Any obligation imposed on a reportable offender by this part 18 is suspended for any period during which the offender-- 19 (a) is in government detention; or 20 (b) is outside Queensland unless-- 21 (i) the offender is someone to whom division 9 22 applies; or 23 (ii) the obligation is under section 21;17 or 24 (c) is the subject of an order under division 6 (or an 25 equivalent order in a foreign jurisdiction). 26 17 Section 21 (Change of travel plans while out of Queensland to be given)

 


 

s 35 33 s 36 Child Protection (Offender Reporting) Bill 2004 (2) The period for which a reportable offender's reporting 1 obligations continue is extended by any length of time for 2 which the obligations are suspended under subsection (1)(a). 3 (3) This section does not apply to a forensic reportable offender. 4 Division 5 Reporting period 5 35 When reporting obligations begin 6 (1) A reportable offender's reporting obligations in relation to a 7 reportable offence begin-- 8 (a) for a forensic reportable offender--when an offender 9 reporting order is imposed on the reportable offender; or 10 (b) for another reportable offender-- 11 (i) when the reportable offender is sentenced for the 12 offence; or 13 (ii) when an offender reporting order is imposed on the 14 reportable offender; or 15 (iii) when the reportable offender stops being in 16 government detention for the offence; 17 whichever is the later. 18 (2) For an existing reportable offender, if an event mentioned in 19 subsection (1)(b) happened before the commencement date, 20 the reportable offender's reporting obligations begin when the 21 event happened. 22 (3) Subsection (1)(b) is subject to section 36(5). 23 36 Length of reporting period 24 (1) A reportable offender must continue to comply with the 25 reporting obligations imposed by this part for-- 26 (a) 8 years, if the offender has only ever been found guilty 27 of a single class 2 offence; or 28 (b) 15 years, if the offender-- 29

 


 

s 36 34 s 36 Child Protection (Offender Reporting) Bill 2004 (i) has only ever been found guilty of a single class 1 1 offence; or 2 (ii) has ever been found guilty of more than a single 3 reportable offence, but is not covered by 4 paragraph (c); or 5 (c) the remainder of the offender's life, if the offender is a 6 reportable offender in relation to-- 7 (i) a class 1 offence and the offender later commits, 8 and is found guilty of, another reportable offence; 9 or 10 (ii) a class 2 offence and the offender later commits, 11 and is found guilty of, a class 1 offence; or 12 (iii) a class 2 offence and the offender later commits, 13 and is found guilty of, another class 2 offence and 14 the offender has ever been found guilty of 3 or 15 more class 2 offences. 16 17 Note-- 18 A life-long reporting obligation may be suspended under 19 division 6. (2) Subsection (1)(c) does not apply if the reportable offender 20 was not given notice of his or her reporting obligations under 21 this Act, or a corresponding Act, before the offender 22 committed the subsequent offence. 23 (3) A reference in subsection (1) to an offence extends to an 24 offence committed before the commencement of 25 subsection (1). 26 (4) For this section-- 27 (a) 2 or more offences that arise from the same incident are 28 to be treated as a single offence; and 29 (b) 2 or more offences that arise from the same incident are 30 to be treated as a single class 1 offence if at least 1 of 31 those offences is a class 1 offence. 32

 


 

s 37 35 s 37 Child Protection (Offender Reporting) Bill 2004 1 Note-- 2 The meaning of single offence is qualified by subsection (4) and by 3 section 11(1).18 (5) For this section, to work out when the reporting obligations of 4 an existing reportable offender end, the offender's reporting 5 obligations in relation to a reportable offence are taken to have 6 commenced-- 7 (a) when the reportable offender was sentenced for the 8 offence; or 9 (b) if the reportable offender is subject to an order under the 10 Criminal Law Amendment Act 1945, section 19--when 11 the order under that section was imposed on the 12 reportable offender; or 13 (c) when the reportable offender stopped being in 14 government detention for the offence; 15 whichever was the later. 16 (6) Despite anything to the contrary in this section or section 37, a 17 forensic reportable offender must continue to comply with the 18 reporting obligations imposed by this part until the person 19 stops being a reportable offender.19 20 37 Reduced period applies for juvenile reportable offenders 21 (1) The reporting periods stated in section 36 do not apply to a 22 reportable offender who was a child at the time at which the 23 offender committed each reportable offence. 24 (2) Instead, a reporting period that is half the reporting period that 25 would otherwise apply to the offender under section 36 (or 26 7 years for a reporting period for life) applies to the 27 offender. 28 18 Section 11 (References to other terms and concepts) 19 For when a person stops being a reportable offender, see section 5(4) (Reportable offender defined).

 


 

s 38 36 s 40 Child Protection (Offender Reporting) Bill 2004 38 Extended reporting period if reportable offender still on 1 post-prison community based release 2 (1) This section applies if-- 3 (a) a reportable offender is on post-prison community based 4 release in relation to a reportable offence; and 5 (b) the reporting period for the offence will end before the 6 expiry of the sentence of imprisonment to which the 7 post-prison community based release relates. 8 (2) Despite anything to the contrary in this division, the reporting 9 period is extended until the end of the term of imprisonment 10 to which the post-prison community based release relates. 11 39 Reporting period for corresponding reportable offenders 12 (1) Despite anything to the contrary in this part, a corresponding 13 reportable offender must continue to comply with the 14 reporting obligations imposed by this part for the recognised 15 foreign reporting period mentioned in section 7(b).20 16 (2) For this section, if a corresponding reportable offender is a 17 corresponding reportable offender under the laws of more 18 than 1 jurisdiction, the recognised foreign reporting period is 19 the longest period for which the offender would be required to 20 report to the corresponding registrar of a foreign jurisdiction. 21 40 Reporting period for New South Wales reportable 22 offenders 23 (1) A New South Wales reportable offender must continue to 24 comply with the reporting obligations imposed by this part for 25 the period that the person is required to report under the New 26 South Wales Act. 27 (2) However, a New South Wales reportable offender who, on or 28 after the date specified by a regulation for the purposes of 29 section 8,21 is sentenced for a reportable offence or becomes a 30 corresponding reportable offender must continue to comply 31 with the reporting obligations imposed by this part for-- 32 20 Section 7 (Corresponding reportable offender defined) 21 Section 8 (New South Wales reportable offender defined)

 


 

s 41 37 s 42 Child Protection (Offender Reporting) Bill 2004 (a) the period mentioned in subsection (1); or 1 (b) the period that the person is required to report under this 2 division (other than this section); 3 whichever is longer. 4 Division 6 Exemption from reporting 5 obligations 6 41 Supreme Court may exempt particular reportable 7 offenders 8 (1) This division applies to a reportable offender who is required 9 to continue to comply with the reporting obligations imposed 10 by this part for the rest of the offender's life. 11 (2) If-- 12 (a) a period of 15 years has passed (ignoring any period 13 during which the reportable offender was in government 14 detention) since the offender was last sentenced or 15 released from government detention in relation to a 16 reportable offence or a corresponding reportable 17 offence, whichever is later; and 18 (b) the offender did not become the subject of a life-long 19 reporting period under a corresponding Act while in a 20 foreign jurisdiction before becoming the subject of a 21 life-long reporting period in Queensland; and 22 (c) the offender is not subject to post-prison community 23 based release in relation to a reportable offence; 24 the offender may apply to the Supreme Court for an order 25 suspending the reporting obligations. 26 42 Order for suspension 27 (1) On the application of a reportable offender mentioned in 28 section 41(2), the Supreme Court may make an order 29 suspending the offender's reporting obligations. 30 (2) The court must not make the order unless it is satisfied that the 31 offender does not pose a risk to the safety of children. 32

 


 

s 43 38 s 44 Child Protection (Offender Reporting) Bill 2004 (3) When deciding whether to make the order, the court must take 1 into account-- 2 (a) the seriousness of the offender's reportable offences and 3 corresponding reportable offences; and 4 (b) the period of time since the offences were committed; 5 and 6 (c) the age of the offender, the age of the victims of the 7 offences, and the difference in age between the offender 8 and the victims, when the offences were committed; and 9 (d) the offender's present age; and 10 (e) the offender's criminal record; and 11 (f) any other matter that the court considers appropriate. 12 43 Commission for Children and Young People and Child 13 Guardian is party to an application 14 (1) The Commission for Children and Young People and Child 15 Guardian (the commission) is entitled, as of right, to be a 16 party to any proceedings for an order under this division. 17 (2) The commission may make submissions in opposition to, or 18 in support of, the making of the order. 19 (3) As soon as is practicable after receiving an application under 20 this division, a registrar of the Supreme Court must notify the 21 commission of the application. 22 (4) For the purpose of preparing submissions, the commission 23 may direct a government entity or local government to give it 24 information relevant to an assessment of whether the applicant 25 poses a risk to the safety of children. 26 (5) The government entity or local government is authorised and 27 directed to give the commission the information sought by the 28 direction. 29 44 Police to be notified of order 30 A registrar of the Supreme Court must notify the police 31 commissioner of the terms of any order made under this 32

 


 

s 45 39 s 48 Child Protection (Offender Reporting) Bill 2004 division, unless the police commissioner is a party to the 1 application. 2 45 No costs to be awarded 3 The Supreme Court may not award costs in relation to 4 proceedings under this division. 5 46 Right of appeal 6 A party to proceedings under this division may appeal to the 7 Court of Appeal, on a question of law, from any decision of 8 the Supreme Court in the proceedings. 9 47 Restriction on right of unsuccessful applicant to re-apply 10 for order 11 If the Supreme Court refuses to make an order under this 12 division, the reportable offender is not entitled to make a 13 further application to the court until 5 years have elapsed from 14 the date of the refusal, unless the court otherwise orders at the 15 time of the refusal. 16 48 When order stops having effect 17 (1) An order made under this division stops having effect if, at 18 any time after the making of the order, the reportable offender 19 becomes-- 20 (a) a reportable offender, other than a corresponding 21 reportable offender; or 22 (b) a corresponding reportable offender who must, under 23 section 39,22 continue to comply with the reporting 24 obligations imposed by this part for any period. 25 (2) An order that stopped having effect under subsection (1) is 26 revived if-- 27 (a) the finding of guilt that caused the order to stop having 28 effect is quashed or set aside by a court; or 29 22 Section 39 (Reporting period for corresponding reportable offenders)

 


 

s 49 40 s 50 Child Protection (Offender Reporting) Bill 2004 (b) for an order that stopped having effect under 1 subsection (1)(a)-- 2 (i) the offender reporting order is quashed on appeal; 3 or 4 (ii) the offender's finding of guilt in relation to the 5 offence that resulted in the making of that order is 6 quashed or set aside by a court. 7 (3) For this section, it is irrelevant whether or not a person may 8 lodge, or has lodged, an appeal in relation to a finding of guilt 9 or offender reporting order. 10 49 Application for new order 11 (1) If an order stops having effect under section 48(1), the 12 reportable offender may apply under this division for a new 13 order. 14 (2) Section 47 does not apply to an application under 15 subsection (1). 16 (3) If an order stops having effect under section 48(1), on an 17 application under this division for a new order, 18 section 41(2)(a)23 applies as if the period referred to were a 19 period of 15 years (ignoring any period during which the 20 offender was in government detention) since the offender last 21 committed a reportable offence or corresponding reportable 22 offence. 23 Division 7 Offences 24 50 Failure to comply with reporting obligations 25 (1) A reportable offender must comply with the offender's 26 reporting obligations, unless the offender has a reasonable 27 excuse. 28 Maximum penalty--150 penalty units or 2 years 29 imprisonment. 30 23 Section 41 (Supreme Court may exempt particular reportable offenders)

 


 

s 51 41 s 51 Child Protection (Offender Reporting) Bill 2004 (2) When deciding whether a reportable offender has a reasonable 1 excuse, the court must have regard to-- 2 (a) the offender's age; and 3 (b) whether the offender has a disability that affects the 4 offender's ability to understand, or to comply with, the 5 obligations; and 6 (c) whether the form of notice given to the offender about 7 the obligations was adequate to inform the offender of 8 the obligations, having regard to the offender's 9 circumstances; and 10 (d) any matter specified by a regulation for the purposes of 11 this section; and 12 (e) any other matter that the court considers is appropriate. 13 (3) It is a defence to proceedings for an offence of failing to 14 comply with a reporting obligation if it is established by or on 15 behalf of the person charged with the offence that, at the time 16 the offence is alleged to have occurred, the person had not 17 received notice, and was otherwise unaware, of the obligation. 18 51 False or misleading information 19 (1) A person must not give information to a person under this Act 20 that the person knows is false or misleading in a material 21 particular. 22 Maximum penalty--150 penalty units or 2 years 23 imprisonment. 24 (2) Subsection (1) does not apply to information given in a 25 document, if the person when giving the document-- 26 (a) informs the person being given the document, to the best 27 of the person's ability, how the information is false or 28 misleading; and 29 (b) if the person has, or can reasonably obtain, the correct 30 information--gives the correct information. 31 (3) It is enough for a complaint against a person for an offence 32 against subsection (1) to state that the information was `false 33 or misleading', without specifying whether it was false or 34 whether it was misleading. 35

 


 

s 52 42 s 54 Child Protection (Offender Reporting) Bill 2004 52 No time limit for prosecutions 1 Despite anything to the contrary in the Justices Act 1886, a 2 proceeding for an offence under this Act may be started at any 3 time. 4 53 Bar to prosecution for failing to report leaving 5 Queensland 6 (1) This section applies if-- 7 (a) a reportable offender leaves Queensland; and 8 (b) the offender is found guilty of failing to report his or her 9 presence in a foreign jurisdiction, as required by a 10 corresponding Act. 11 (2) The offender must not be prosecuted for a failure to comply 12 with section 2024 in relation to the travel out of Queensland. 13 Division 8 Notification of reporting obligations 14 54 Notice to be given to reportable offender 15 (1) A reportable offender must be given written notice of-- 16 (a) his or her reporting obligations; and 17 (b) the consequences that may arise if the offender fails to 18 comply with those obligations. 19 (2) A reportable offender must be given the notice as soon as 20 practicable after any of the following events happen-- 21 (a) the offender is-- 22 (i) sentenced for a reportable offence; or 23 (ii) made subject to an offender reporting order; 24 (b) the offender is released from government detention 25 (whether in government detention for a reportable 26 offence or otherwise); 27 24 Section 20 (Intended absence from Queensland to be reported)

 


 

s 55 43 s 55 Child Protection (Offender Reporting) Bill 2004 (c) the offender enters Queensland, if the offender has not 1 previously been given notice of his or her reporting 2 obligations in Queensland; 3 (d) the offender becomes a corresponding reportable 4 offender, if the person is in Queensland at that time. 5 (3) The notice must be given by the entity specified in, or 6 determined under, a regulation. 7 (4) However, an entity is not required to give a notice if the notice 8 has been given by another entity. 9 (5) A regulation under subsection (3) must not specify a court, or 10 an officer of the court, to be an entity except when the court 11 has made an offender reporting order. 12 (6) Despite anything to the contrary in this division, the notice is 13 not required to specify the reportable offender's reporting 14 period if, as required by a regulation, a notice containing that 15 information is given to the reportable offender when reporting 16 his or her personal details to the police commissioner. 17 55 Courts to provide sentencing information to police 18 commissioner 19 (1) This section applies if a court-- 20 (a) makes any order or imposes any sentence that has the 21 effect of making a person a reportable offender for this 22 Act; or 23 (b) imposes any sentence on a person for a reportable 24 offence; or 25 (c) makes any order in relation to a reportable offender that 26 has the effect of removing the offender from the ambit 27 of this Act. 28 29 Example-- 30 Paragraph (c) would apply, for instance, if a court on appeal 31 quashes a person's finding of guilt for a reportable offence for 32 which the person had been sentenced and that was the only 33 reportable offence that the person had ever been found guilty of. (2) The court must ensure that details of the order or sentence are 34 given to the police commissioner as soon as practicable after 35 the making or imposition of the order or sentence. 36

 


 

s 56 44 s 58 Child Protection (Offender Reporting) Bill 2004 (3) For subsection (2), it is sufficient for the verdict and 1 judgement record, made under the Criminal Practice Rules, to 2 be given to the police commissioner. 3 (4) In this section-- 4 court does not include a court of a foreign jurisdiction. 5 56 Notice to be given when reporting period changes 6 (1) This section applies to a reportable offender whose reporting 7 period has changed since the offender was last notified of his 8 or her reporting period in Queensland. 9 (2) The police commissioner must give written notice to the 10 reportable offender as soon as practicable after the change, but 11 no later than the time that the offender next reports under this 12 Act. 13 57 Supervising authority to notify police commissioner of 14 personal details 15 (1) For the purposes of this Act, the police commissioner may 16 require a supervising authority who the police commissioner 17 reasonably considers has the personal details of a reportable 18 offender to give the details to the police commissioner. 19 (2) The supervising authority is authorised and directed to give 20 the details to the police commissioner. 21 22 Example-- 23 If a reportable offender has failed to report and can not be located, the 24 police commissioner may ask the supervising authority for the 25 offender's address. 58 Supervising authority to notify police commissioner of 26 particular events 27 (1) As soon as practicable before or after a decision is made under 28 section 173, 186, 203 or 28925 of the Mental Health Act 2000 29 25 Section 173 (Tribunal's powers on application), 186 (Absence of particular patients with director's approval), 203 (Decisions on review) or 289 (Mental Health Court may order, approve or revoke limited community treatment) of the Mental Health Act 2000

 


 

s 59 45 s 60 Child Protection (Offender Reporting) Bill 2004 in relation to a forensic reportable offender, the supervising 1 authority is authorised and directed to give written notice of 2 that fact to the police commissioner. 3 (2) As soon as practicable before or after any other reportable 4 offender-- 5 (a) is on unescorted leave of absence; or 6 (b) is authorised to leave Queensland under the Corrective 7 Services Act 2000 or the Juvenile Justice Act 1992; or 8 (c) stops being in government detention, including because 9 of the making of a supervision order; or 10 (d) stops being subject to a supervision order; 11 the supervising authority is authorised and directed to give 12 written notice of that fact to the police commissioner. 13 (3) A notice under this section must include any details required 14 by a regulation. 15 (4) Subsection (2) applies regardless of why a reportable offender 16 who was in government detention or subject to the 17 supervision order was in government detention or subject to 18 the supervision order. 19 59 Notices may be given by police commissioner 20 The police commissioner may, at any time, give a reportable 21 offender written notice of-- 22 (a) his or her reporting obligations; and 23 (b) the consequences that may arise if the offender fails to 24 comply with those obligations. 25 60 Power of detention to enable notice to be given 26 (1) This section applies if there are reasonable grounds to suspect 27 that-- 28 (a) a person is a reportable offender; and 29 (b) the person has not been given notice, or is otherwise 30 unaware, of his or her reporting obligations. 31

 


 

s 61 46 s 61 Child Protection (Offender Reporting) Bill 2004 (2) A police officer may detain the person if it is reasonably 1 necessary to do so-- 2 (a) to enable a decision to be made about-- 3 (i) whether or not the person is a reportable offender; 4 or 5 (ii) if the person is a reportable offender--whether or 6 not the person has been given notice, or is aware, 7 of his or her reporting obligations; or 8 (b) to enable the person to be given notice of those 9 obligations if the person is not aware of them. 10 (3) When detaining the person, the police officer must tell the 11 person-- 12 (a) why the person is being detained; and 13 (b) that the detention is authorised under this Act; and 14 (c) that the person will be released immediately after the 15 reasons for the detention are satisfied. 16 (4) The detained person-- 17 (a) must not be held for a period that is longer than is 18 reasonably necessary to enable the purpose of the 19 detention to be satisfied; and 20 (b) must not be held only because the person has refused to 21 sign an acknowledgment that the person has been given 22 notice of his or her reporting obligations; and 23 (c) must be released immediately after the purpose of the 24 detention is satisfied. 25 61 Failure to comply with procedural requirements does not 26 affect reportable offender's obligations 27 A failure by a person other than a reportable offender to 28 comply with a procedural requirement imposed on the person 29 by this part or a regulation does not, of itself, affect a 30 reportable offender's reporting obligations. 31 32 Note-- 33 This section aims to prevent a reportable offender who was not given 34 notice of a reporting obligation by an official as required by this part

 


 

s 62 47 s 62 Child Protection (Offender Reporting) Bill 2004 1 from arguing that the obligation does not apply to him or her as a result 2 of that failure if there is evidence that the reportable offender was aware 3 of the obligation through some other way. If there is no evidence of that, 4 then the reportable offender would have a defence to the charge under 5 section 50(3)26 on the basis that the person was not aware of the 6 obligation. Division 9 Modified reporting procedures for 7 protected witnesses 8 62 Who this division applies to 9 (1) This division applies to a reportable offender who-- 10 (a) is currently a participant in a witness protection 11 program; or 12 (b) is the subject of an order in force under this division 13 declaring that the person is a person to whom this 14 division applies; or 15 (c) has been a participant in a witness protection program 16 but in relation to whom an order under this division is 17 not yet in effect. 18 (2) This division (other than sections 64 to 6627) also applies to a 19 reportable offender who-- 20 (a) is receiving protection under a foreign witness 21 protection law specified by a regulation for the purposes 22 of this subsection; or 23 (b) has the same status as a person mentioned in 24 paragraph (a) under an order made under a 25 corresponding Act specified by a regulation for the 26 purposes of this subsection. 27 (3) In this division-- 28 witness protection program has the same meaning as it has in 29 the Witness Protection Act 2000. 30 26 Section 50 (Failure to comply with reporting obligations) 27 Section 64 (Order about whether this division applies), 65 (Appeal against order), 66 (When order takes effect)

 


 

s 63 48 s 64 Child Protection (Offender Reporting) Bill 2004 1 Note-- 2 Section 5(3) excludes from the definition reportable offender persons 3 receiving protection under foreign witness protection laws prescribed 4 for the purposes of that section or who have the same status as those 5 persons under a corresponding Act that is so prescribed. 63 Report need not be made in person 6 It is sufficient compliance with this part if-- 7 (a) a person to whom this division applies reports the 8 information that the person is required to report under 9 this part at the times, and in a way, authorised by the 10 police commissioner for the purposes of this section; 11 and 12 (b) the acknowledgment of the making of a report is given 13 in a way approved by the police commissioner. 14 64 Order about whether this division applies 15 (1) The police commissioner must make an order declaring that a 16 reportable offender who is, or has been, a participant in a 17 witness protection program either is, or is not, a person to 18 whom this division applies-- 19 (a) when the reportable offender stops being a participant in 20 the program as a result of a withdrawal under the 21 Witness Protection Act 2000, section 13; or 22 (b) when the police commissioner makes a decision under 23 the Witness Protection Act 2000, section 14, to end the 24 protection and assistance given to the reportable 25 offender under the program. 26 (2) On making the order, the police commissioner must take 27 reasonable steps to notify the reportable offender of the terms 28 of the order. 29 (3) A person who receives the notice may, within 28 days after 30 receiving it, apply in writing to the police commissioner for a 31 review of the decision. 32 (4) On receiving an application for a review, the police 33 commissioner must-- 34

 


 

s 65 49 s 66 Child Protection (Offender Reporting) Bill 2004 (a) give the applicant a reasonable opportunity to state his 1 or her case before making a decision on the matter; and 2 (b) review the order, and confirm or reverse it; and 3 (c) give written notice of the decision to the applicant. 4 (5) If the police commissioner's decision is to confirm the order, 5 the notice of the decision must inform the applicant of his or 6 her rights under section 65. 7 65 Appeal against order 8 (1) A person who is aggrieved by a decision of the police 9 commissioner about an order under this division may appeal 10 to the Supreme Court against the decision within 3 days after 11 receiving notice of the decision. 12 (2) The Supreme Court, in deciding the appeal, may make any 13 decision that could have been made by the police 14 commissioner. 15 (3) The Supreme Court's decision for the appeal is final and has 16 effect according to its terms. 17 66 When order takes effect 18 (1) An order declaring that this division applies to a reportable 19 offender takes effect immediately. 20 (2) An order declaring that this division does not apply to a 21 reportable offender takes effect-- 22 (a) at the end of 28 days after notice of the making of the 23 order is given to the reportable offender; or 24 (b) if an application mentioned in section 64(3) is made 25 before the end of that period, at the end of 3 days after 26 notice is given to the applicant as mentioned in 27 section 64(4)(c); or 28 (c) if an appeal is made under section 65 before the end of 29 that 3 day period, on the day on which the Supreme 30 Court decides the appeal; 31 whichever is the later. 32

 


 

s 67 50 s 68 Child Protection (Offender Reporting) Bill 2004 67 Modification of reporting obligations 1 Sections 16(1), 20 to 23 and 53 apply to a person to whom 28 2 this division applies as if a reference to Queensland were a 3 reference to the jurisdiction in which the person generally 4 resides. 5 Part 5 The register 6 68 Child protection register 7 (1) The police commissioner must establish a child protection 8 register or arrange with another entity to establish a child 9 protection register on his or her behalf. 10 (2) The register must contain the following information in 11 relation to each reportable offender (to the extent that it is 12 known by the police commissioner)-- 13 (a) the offender's name and other identifying particulars; 14 (b) details of each class 1 or 2 offence of which the offender 15 has been found guilty or with which the person has been 16 charged; 17 (c) details of each offence of which the offender has been 18 found guilty that resulted in the making of an offender 19 reporting order; 20 (d) the date on which the offender was sentenced for any 21 reportable offence; 22 (e) the date on which the offender-- 23 (i) was released from government detention for a 24 reportable offence; or 25 28 Sections 16 (Personal details that are to be reported), 20 (Intended absence from Queensland to be reported), 21 (Change of travel plans while out of Queensland to be given), 22 (Reportable offender to report return to Queensland or decision not to leave), 23 (Report of other absences from Queensland) and 53 (Bar to prosecution for failing to report leaving Queensland)

 


 

s 69 51 s 69 Child Protection (Offender Reporting) Bill 2004 (ii) entered, or was released from, government 1 detention for any offence during his or her 2 reporting period; 3 (f) any information reported in relation to the reportable 4 offender under part 4; 5 (g) any other information that the police commissioner 6 considers appropriate to include in the register. 7 69 Access to the register to be restricted 8 (1) The police commissioner must ensure-- 9 (a) that the register, or any part of the register, is only 10 accessed by a person, or a class of person, who is 11 authorised to do so by the police commissioner; and 12 (b) that personal information in the register is only 13 disclosed by a person with access to the register, or the 14 relevant part of the register, in circumstances authorised 15 by the police commissioner or as otherwise required by 16 or under any Act or law. 17 (2) The police commissioner must develop guidelines about the 18 access to, and disclosure of, personal information in the 19 register that attempt to ensure that access to the personal 20 information in the register is restricted to the greatest extent 21 possible without interfering with the purpose of this Act. 22 (3) For this section, the register includes any information from 23 any register maintained under a corresponding Act that is 24 accessible by the police commissioner, regardless of whether 25 or not that information is physically part of the register. 26 (4) This section has effect despite any other Act or law to the 27 contrary.29 28 29 See the Freedom of Information Act 1992, schedule 1 for the exemption under that Act.

 


 

s 70 52 s 73 Child Protection (Offender Reporting) Bill 2004 70 Confidentiality 1 A person authorised to have access to the register or any part 2 of the register must not disclose any personal information in 3 the register, unless the person-- 4 (a) is authorised by the police commissioner to disclose the 5 information; or 6 (b) is otherwise required, under any Act or law, to disclose 7 the information. 8 Maximum penalty--150 penalty units or 2 years 9 imprisonment. 10 71 Release of information to corresponding registrar 11 The police commissioner may release personal information in 12 the register to a corresponding registrar for the purposes of a 13 corresponding Act. 14 72 Restriction on who may access personal information on 15 protected witnesses 16 The police commissioner must ensure that any personal 17 information in the register about a person to whom part 4, 18 division 9 applies can not be accessed other than by a person 19 authorised by the officer responsible for the day to day 20 operation of the witness protection program. 21 22 Note-- 23 Part 4, division 9 applies to particular people who are, or were, in 24 witness protection programs. 73 Reportable offender's rights in relation to register 25 (1) If asked to do so by a reportable offender, the police 26 commissioner must give the offender a copy of all the 27 reportable information that is held in the register in relation to 28 the offender. 29 (2) The police commissioner must comply with subsection (1) as 30 soon as practicable after being asked to do so. 31

 


 

s 74 53 s 74 Child Protection (Offender Reporting) Bill 2004 (3) A reportable offender may ask the police commissioner to 1 amend any reportable information held on the register in 2 relation to the offender that is incorrect. 3 (4) The police commissioner must comply with the request on 4 being satisfied that the information is incorrect. 5 (5) In this section-- 6 reportable information means any information given to the 7 police commissioner by, or on behalf of, the reportable 8 offender that the offender is required to report to the police 9 commissioner and that is still held in the register. 10 74 Review of decision to place person on register 11 (1) This section applies if a person believes that-- 12 (a) the person has been placed on the register in error; or 13 (b) an error has been made in working out the length of the 14 person's reporting period. 15 (2) The person may apply in writing to the police commissioner 16 to review the decision to place the person on the register. 17 (3) The application must be made within 28 days after the person 18 is given notice of his or her reporting obligations under 19 section 54.30 20 (4) The person's reporting obligations are not suspended because 21 the person made the application. 22 (5) On receiving an application for a review, the police 23 commissioner must-- 24 (a) give the person a reasonable opportunity to state his or 25 her case before making a decision on the matter; and 26 (b) review the decision to place the person on the register 27 and confirm or reverse it; and 28 (c) give the person written notice-- 29 (i) of the decision; and 30 30 Section 54 (Notice to be given to reportable offender)

 


 

s 75 54 s 77 Child Protection (Offender Reporting) Bill 2004 (ii) informing the person of the person's right to a copy 1 of all reportable information that is held in the 2 register in relation to the person under section 73. 3 (6) If the police commissioner revokes the decision, the police 4 commissioner must ensure that the person's personal details 5 are removed from the register, and any copies of documents, 6 fingerprints or photographs taken from the person under this 7 Act are not kept. 8 Part 6 Other matters 9 75 Protection from personal liability 10 (1) A person acting in the administration or execution of this Act 11 does not incur civil liability for an act done, or omission 12 made, honestly and without negligence under this Act. 13 (2) If subsection (1) prevents civil liability attaching to the 14 person, the liability attaches instead to the State. 15 76 Effect of spent convictions 16 (1) The fact that an offence for which a reportable offender has 17 been found guilty becomes spent does not affect-- 18 (a) the status of the offence as a reportable offence under 19 this Act in relation to the offender; or 20 (b) any reporting obligations of the offender. 21 (2) For this section, an offence becomes spent if, under a law in 22 any jurisdiction, the reportable offender is allowed to not 23 disclose the fact that the person was convicted or found guilty 24 of the offence. 25 77 Evidence certificates 26 (1) In proceedings under this Act, a certificate signed by the 27 police commissioner, or a police officer holding a position 28

 


 

s 78 55 s 79 Child Protection (Offender Reporting) Bill 2004 designated in writing by the police commissioner for the 1 purposes of this section, certifying that the register-- 2 (a) at any particular date contained information in the 3 certificate; or 4 (b) indicated that, during any particular period, a specified 5 person failed to notify information as required by this 6 Act; 7 is evidence of the details in the certificate. 8 (2) Not more than 3 positions may be designated at any 1 time 9 under subsection (1). 10 (3) For this Act, a certificate that would be evidence under a 11 corresponding Act that at a specified time, or during a 12 specified period, a person was required to report to a 13 corresponding registrar under that Act is evidence of the facts 14 stated in the certificate. 15 78 Regulation-making power 16 (1) The Governor in Council may make regulations under this 17 Act. 18 (2) Without limiting subsection (1), the Governor in Council may 19 make a regulation imposing a penalty of not more than 20 20 penalty units for a contravention of a regulation. 21 Part 7 Consequential Amendments 22 Division 1 Corrective Services Act 2000 23 79 Act amended in this division 24 This division amends the Corrective Services Act 2000. 25

 


 

s 80 56 s 85 Child Protection (Offender Reporting) Bill 2004 80 Omission of s 132A (Definitions for pt 1) 1 Section 132A-- 2 omit. 3 81 Amendment of s 142 (Conditions for release to work 4 orders) 5 (1) Section 142(2) to (4)-- 6 omit. 7 (2) Section 142(5)-- 8 renumber as section 142(2). 9 82 Amendment of s 143 (Conditions for home detention 10 orders) 11 (1) Section 143(3) to (5)-- 12 omit. 13 (2) Section 143(6)-- 14 renumber as section 143(3). 15 83 Amendment of s 144 (Conditions for parole) 16 (1) Section 144(2) to (4)-- 17 omit. 18 (2) Section 144(1A) to (7)-- 19 renumber as section 144(1) to (5). 20 84 Omission of ss 144A and 144B 21 Sections 144A and 144B-- 22 omit. 23 85 Omission of ch 7, pt 2 24 Chapter 7, part 2-- 25 omit. 26

 


 

s 86 57 s 88 Child Protection (Offender Reporting) Bill 2004 86 Insertion of new ch 7, pt 4 1 After section 274E-- 2 insert-- 3 `Part 4 Child Protection (Offender 4 Reporting) Act 2004 5 `274F Transfer of reporting obligations to Offender 6 Reporting Act 7 `(1) This section applies to a person who, immediately before the 8 commencement of this section, was a prescribed prisoner 9 subject to a post-prison community based release order with a 10 reporting condition. 11 `(2) The person is no longer subject to the reporting condition. 12 `(3) In this section-- 13 Offender Reporting Act means the Child Protection 14 (Offender Reporting) Act 2004. 15 reporting condition means a condition imposed under 16 section 142(2), 143(3) or 144(2).'. 17 87 Amendment of sch 3 (Dictionary) 18 Schedule 3, definitions prescribed prisoner and reporting 19 period-- 20 omit. 21 Division 2 Criminal Law Amendment Act 1945 22 88 Act amended in this division 23 This division amends the Criminal Law Amendment Act 1945. 24

 


 

s 89 58 s 91 Child Protection (Offender Reporting) Bill 2004 Amendment of s 17 (Probation orders in cases of sexual 89 1 offences) 2 Section 17(1), `under section 19(9) or'-- 3 omit. 4 90 Omission of pt 4 (Sexual offenders to report) 5 Part 4-- 6 omit. 7 91 Replacement of pt 5, divs 1 and 2 8 Part 5, divisions 1 and 2-- 9 omit, insert-- 10 `23 Transfer of reporting obligations to Offender 11 Reporting Act 12 `(1) This section applies to a person who was subject to a reporting 13 order under section 1931 immediately before the 14 commencement of this section. 15 `(2) The person is no longer subject to the order. 16 `(3) However, part 4, as in force immediately before the 17 commencement of this section, applies to the person if the 18 person is prosecuted for an offence against section 19(5) 19 or 20(6) that was committed before the repeal of that part. 20 `(4) If the person has-- 21 (a) appealed against the making of the order under 22 section 19(6); or 23 (b) applied to have the order revoked under section 19B(1); 24 the appeal or application is terminated. 25 `(5) If the person had any expectation of being able-- 26 (a) to appeal against the making of the order under 27 section 19(6); or 28 (b) to apply to have the order revoked under section 19B(1); 29 31 Section 19 (Sexual offender to report name and address)

 


 

s 92 59 s 95 Child Protection (Offender Reporting) Bill 2004 the expectation is extinguished. 1 `(6) In this section-- 2 expectation includes right, privilege, entitlement and 3 eligibility. 4 Offender Reporting Act means the Child Protection 5 (Offender Reporting) Act 2004.'. 6 Division 3 Freedom of Information Act 1992 7 92 Act amended in this division 8 This division amends the Freedom of Information Act 1992. 9 93 Amendment of sch 1 (Secrecy provisions giving 10 exemption) 11 Schedule 1-- 12 insert-- 13 `Child Protection (Offender Reporting) Act 2004, section 69'. 14 Division 4 Mental Health Act 2000 15 94 Act amended in this division 16 This division amends the Mental Health Act 2000. 17 95 Amendment of s 205 (Notice of decision) 18 Section 205(1)-- 19 insert-- 20 `(f) if the forensic order was made with an offender 21 reporting order under the Child Protection (Offender 22 Reporting) Act 2004--the commissioner of the police 23 service.'. 24

 


 

s 96 60 s 96 Child Protection (Offender Reporting) Bill 2004 96 Amendment of s 288 (Mental Health Court may make 1 forensic order) 2 Section 288, at the end-- 3 insert-- 4 5 `Note-- 6 The Supreme Court judge who constitutes the Mental Health Court may 7 also make an offender reporting order under the Child Protection 8 (Offender Reporting) Act 2004, section 13 (Offender reporting orders) 9 with the forensic order.'.

 


 

61 Child Protection (Offender Reporting) Bill 2004 Schedule 1 Class 1 offences 1 dictionary, definition class 1 offence 2 1 A class 1 offence is an offence against-- 3 (a) any of the following provisions of the Criminal Code, if 4 the offence is committed against or in relation to a 5 child-- 6 section 208 (Unlawful sodomy) 7 section 209 (Attempted sodomy) 8 section 215 (Carnal knowledge with or of children 9 under 16) 10 section 222 (Incest) 11 section 229B (Maintaining a sexual relationship 12 with a child) 13 section 300 (Unlawful homicide) in circumstances 14 that amount to murder 15 section 349 (Rape) 16 section 350 (Attempt to commit rape); or 17 (b) any of the following provisions of the Criminal Code, as 18 in force from time to time before being repealed by the 19 Criminal Code, Evidence Act and Other Acts 20 Amendment Act 1989-- 21 section 212 (Defilement of girls under 12) 22 section 214 (Attempt to abuse girls under 10) 23 section 220 (Unlawful detention with intent to 24 defile or in a brothel); or 25 (c) section 223 (Incest by adult female) of the Criminal 26 Code, as in force from time to time before being 27 repealed by the Criminal Law Amendment Act 1997; or 28 (d) either of the following provisions of the Crimes Act 29 1914 (Cwlth)-- 30

 


 

62 Child Protection (Offender Reporting) Bill 2004 Schedule 1 (continued) section 50BA (Sexual intercourse with child 1 under 16) 2 section 50BB (Inducing child under 16 to engage 3 in sexual intercourse). 4 2 A class 1 offence also includes-- 5 (a) any offence under a law of a foreign jurisdiction that, if 6 it had been committed in Queensland, would have 7 constituted an offence of a kind listed in this schedule; 8 or 9 (b) an offence under a law of a foreign jurisdiction that a 10 regulation states is a class 1 offence; or 11 (c) an offence that has, as an element, an intention to 12 commit an offence of a kind listed in this schedule; or 13 (d) an offence of attempting, or of conspiracy or incitement, 14 to commit an offence of a kind listed in this schedule; or 15 (e) an offence that, at the time it was committed was a 16 class 1 offence. 17

 


 

63 Child Protection (Offender Reporting) Bill 2004 Schedule 2 Class 2 offences 1 dictionary, definition class 2 offence 2 1 A class 2 offence is an offence against-- 3 (a) any of the following provisions of the Criminal Code, if 4 the offence is committed against or in relation to a 5 child-- 6 section 210 (Indecent treatment of children 7 under 16) 8 section 213 (Owner etc. permitting abuse of 9 children on premises) 10 section 217 (Procuring young person etc. for carnal 11 knowledge) 12 section 218 (Procuring sexual acts by coercion 13 etc.) 14 section 218A (Using internet etc. to procure 15 children under 16) 16 section 219 (Taking child for immoral purposes) 17 section 221 (Conspiracy to defile) 18 section 228 (Obscene publications and exhibitions) 19 section 229G (Procuring prostitution) 20 section 229H (Knowingly participating in 21 provision of prostitution) 22 section 229I (Persons found in places reasonably 23 suspected of being used for prostitution etc.) 24 section 229L (Permitting young person etc. to be at 25 place used for prostitution); or 26 (b) any of the following provisions of the Classification of 27 Computer Games and Images Act 1995-- 28 section 27(3) or (4) (Making objectionable 29 computer game) 30

 


 

64 Child Protection (Offender Reporting) Bill 2004 Schedule 2 (continued) section 28 (Obtaining minor for objectionable 1 computer game); or 2 (c) any of the following provisions of the Classification of 3 Films Act 1991-- 4 section 41(3) (Possession of objectionable film) 5 section 42(3) or (4) (Making objectionable film) 6 section 43 (Procurement of minor for objectionable 7 film); or 8 (d) any of the following provisions of the Classification of 9 Publications Act 1991-- 10 section 14 (Possession of child abuse publication 11 or child abuse photograph) 12 section 17(3) or (4) (Producing prohibited 13 publication); or 14 (e) any of the following provisions of the Classification of 15 Publications Act 1991 that involves a child abuse 16 publication or child abuse photograph-- 17 section 12 (Sale etc. of prohibited publication or 18 child abuse photograph) 19 section 13 (Possession of prohibited publication) 20 section 15 (Exhibition or display of prohibited 21 publication or child abuse photograph) 22 section 16 (Leaving prohibited publication or child 23 abuse photograph in or on public place) 24 section 17(1) or (2) (Producing prohibited 25 publication) 26 section 18 (Procurement of minor for RC 27 publication or child abuse photograph) 28 section 20 (Leaving prohibited publication or child 29 abuse photograph in or on private premises); or 30 (f) any of the following provisions of the Crimes Act 1914 31 (Cwlth)-- 32

 


 

65 Child Protection (Offender Reporting) Bill 2004 Schedule 2 (continued) section 50BC (Sexual conduct involving child 1 under 16) 2 section 50BD (Inducing child under 16 to be 3 involved in sexual conduct) 4 section 50DA (Benefiting from offence against this 5 part) 6 section 50DB (Encouraging offence against this 7 part); or 8 (g) either of the following provisions of the Criminal Code 9 (Cwlth) if the offence is committed against or in relation 10 to a child-- 11 section 270.6 (Sexual servitude offences) 12 section 270.7 (Deceptive recruiting for sexual 13 services ); or 14 (h) the Customs Act 1901 (Cwlth), section 233BAB,32 that 15 involves child pornography or child abuse material. 16 2 A class 2 offence also includes-- 17 (a) any offence under a law of a foreign jurisdiction that, if 18 it had been committed in Queensland, would have 19 constituted an offence of a kind listed in this schedule; 20 or 21 (b) an offence under a law of a foreign jurisdiction that a 22 regulation states is a class 2 offence; or 23 (c) an offence that has, as an element, intention to commit 24 an offence of a kind listed in this schedule; or 25 (d) an offence of attempting, or of conspiracy or incitement, 26 to commit an offence of a kind listed in this schedule; or 27 (e) an offence that, at the time it was committed was a 28 class 2 offence. 29 32 Customs Act 1901 (Cwlth), section 233BAB (Special offence relating to tier 2 goods)

 


 

66 Child Protection (Offender Reporting) Bill 2004 Schedule 3 Dictionary 1 section 12 2 child detainee means a child who is detained in a detention 3 centre under the Juvenile Justice Act 1992. 4 class 1 offence means an offence listed in schedule 1. 5 class 2 offence means an offence listed in schedule 2. 6 class 1 or 2 offence means a class 1 offence or a class 2 7 offence. 8 commencement date means the date on which section 1433 9 commences. 10 corresponding Act means a law of a foreign jurisdiction-- 11 (a) that provides for people who have committed specified 12 offences-- 13 (i) to report, in that jurisdiction, information about 14 themselves; and 15 (ii) to keep that information current for a specified 16 period; and 17 (b) that a regulation states is a corresponding Act. 18 corresponding offender reporting order means an order 19 made under a corresponding Act that falls within a class of 20 order that a regulation states is a corresponding offender 21 reporting order. 22 corresponding registrar means the person whose functions 23 under a corresponding Act most closely correspond to the 24 functions of the police commissioner under this Act. 25 corresponding reportable offence means an offence that is a 26 reportable offence under a corresponding Act, but is not a 27 reportable offence under this Act. 28 33 Section 14 (When initial report must be made)

 


 

67 Child Protection (Offender Reporting) Bill 2004 Schedule 3 (continued) corresponding reportable offender see section 7.34 1 court includes a court of a foreign jurisdiction, however 2 described. 3 disability has the same meaning as it has in the Disability 4 Services Act 1992, section 5. 5 existing reportable offender see section 6.35 6 finding of guilt see section 10.36 7 fingerprints includes fingerprints taken by a device to obtain a 8 record of the fingerprints. 9 foreign jurisdiction means a jurisdiction other than 10 Queensland, including jurisdictions outside Australia. 11 foreign witness protection law means a law of a foreign 12 jurisdiction that provides for the protection of witnesses. 13 forensic order means a forensic order (Criminal Code) or 14 forensic order (Mental Health Court) under the Mental Health 15 Act 2000. 16 forensic patient means a person in relation to whom a 17 forensic order has been made. 18 forensic reportable offender means a person who is subject to 19 an offender reporting order that was made with a forensic 20 order under the Mental Health Act 2000. 21 government detention means-- 22 (a) detention, other than under a supervision order, of-- 23 (i) a prisoner under the Corrective Services Act 2000; 24 or 25 (ii) a child detainee under the Juvenile Justice Act 26 1992; 27 including if the prisoner or child detainee is on 28 unescorted leave of absence; or 29 34 Section 7 (Corresponding reportable offender defined) 35 Section 6 (Existing reportable offender defined) 36 Section 10 (Finding of guilt defined)

 


 

68 Child Protection (Offender Reporting) Bill 2004 Schedule 3 (continued) (b) detention under a law of a foreign jurisdiction in the 1 nature of detention mentioned in paragraph (a). 2 government entity see the Public Service Act 1996, 3 section 21. 4 home detention order has the same meaning as it has in the 5 Corrective Services Act 2000. 6 imprisonment includes detention under the Juvenile Justice 7 Act 1992. 8 intensive correction order means-- 9 (a) an intensive correction order under the Penalties and 10 Sentences Act 1992; or 11 (b) an intensive supervision order under the Juvenile Justice 12 Act 1992. 13 New South Wales Act means the Child Protection (Offenders 14 Registration) Act 2000 (NSW). 15 New South Wales reportable offender see section 8.37 16 offender reporting order means-- 17 (a) an order made under section 13;38 or 18 (b) a corresponding offender reporting order. 19 personal details means the details listed in section 16(1).39 20 personal information means information about an individual 21 whose identity is apparent or can reasonably be ascertained 22 from the information. 23 police commissioner means the commissioner of the police 24 service. 25 post-prison community based release order means-- 26 (a) a post-prison community based release order under the 27 Corrective Services Act 2000; or 28 37 Section 8 (New South Wales reportable offender defined) 38 Section 13 (Offender reporting orders) 39 Section 16 (Personal details that are to be reported)

 


 

69 Child Protection (Offender Reporting) Bill 2004 Schedule 3 (continued) (b) any equivalent order made under the laws of a foreign 1 jurisdiction. 2 prisoner means a person who is in custody of the chief 3 executive (corrective services), including a person who is 4 subject to a post-prison community based release order. 5 register means the child protection register established under 6 section 68.40 7 released from government detention includes discharged from 8 custody. 9 reportable offence see section 9.41 10 reportable offender see section 5. 42 11 reporting obligations, in relation to a reportable offender, 12 means the obligations imposed on the offender by part 4. 13 reporting period means the period, worked out under part 4, 14 division 5, during which a reportable offender must comply 15 with his or her reporting obligations. 16 sentence includes something in the nature of a sentence 17 imposed under the laws of a foreign jurisdiction. 18 supervising authority, in relation to a reportable offender, 19 means an authority that a regulation states is the authority 20 having control of the offender. 21 supervision order means-- 22 (a) a community service order, a probation order, an 23 intensive correction order, or an order that a term of 24 imprisonment be suspended, under the Penalties and 25 Sentences Act 1992; or 26 (b) a community service order, probation order, intensive 27 supervision order, conditional release order, or 28 supervised release order, under the Juvenile Justice Act 29 1992; or 30 40 Section 68 (Child protection register) 41 Section 9 (Reportable offence defined) 42 Section 5 (Reportable offender defined)

 


 

70 Child Protection (Offender Reporting) Bill 2004 Schedule 3 (continued) (c) a post-prison community based release order; or 1 (d) a continuing detention order or supervision order under 2 the Dangerous Prisoners (Sexual Offenders) Act 2003; 3 or 4 (e) an order equivalent to any order mentioned in 5 paragraph (a), (b), (c) or (d) made under the laws of a 6 foreign jurisdiction. 7 unescorted leave of absence means-- 8 (a) for a prisoner--leave of absence granted under the 9 Corrective Services Act 2000, section 5843 if the prisoner 10 is not ordered to remain in the physical custody of a 11 corrective services officer under that Act during the 12 leave; or 13 (b) for a child detainee--leave of absence granted under the 14 Juvenile Justice Act 1992, section 26944 if the child 15 detainee is not in the physical custody of a person under 16 that Act during the leave. 17 State of Queensland 2004 43 Corrective Services Act 2000, section 58 (Leave of absence) 44 Juvenile Justice Act 1992, section 269 (Leave of absence)

 


 

AMENDMENTS TO BILL

1 Child Protection (Offender Reporting) Bill 2004 Child Protection (Offender Reporting) Bill 2004 Amendments agreed to during Consideration 1 Clause 93-- At page 59, line 14, `69'-- omit, insert-- `70'. 2 Schedule 2-- At page 63, after line 28-- insert-- ` section 26(3) (Possession of objectionable computer game)'.

 


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