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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Child Protection (Offender
Reporting--Publication of
Information) Amendment
Bill 2013
Queensland
Child Protection (Offender
Reporting--Publication of Information)
Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Child Protection (Offender Reporting) Act
2004
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 3 (Purpose of this Act) . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new pt 5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 5B Publication of information about offenders
Division 1 Preliminary
74AA Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 5
74AB Limitation on delegation of police commissioner's
powers ............................ 6
74AC Police commissioner not required to publish or
provide information . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
74AD Restriction on information about protected witnesses 7
Division 2 Police commissioner may publish information
74AE Police commissioner to keep website. . . . . . . . . . . . . 7
74AF Police commissioner may publish personal details
of certain reportable offenders . . . . . . . . . . . . . . . . . . 7
74AG Police commissioner may publish photograph and
general area of certain persons . . . . . . . . . . . . . . . . . 9
74AH Removal of photograph and general area from
website ............................. 12
74AI Police commissioner may take into account certain
matters .............................. 13
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Contents
74AJ Police commissioner may inform child's parent or
guardian whether specified person is a reportable
offender ............................ 15
74AK Protection as to publication and other provision of
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3 Review
74AL Review about publication of personal details . . . . . . . 17
74AM Review about identification of person as reportable
offender ................................. 18
Division 4 Offences
74AN Conduct intended to incite animosity towards or
harassment of identified offenders . . . . . . . . . . . . . . . 18
74AO Publication, display and distribution of identifying or
other information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
74AP Disclosure of published information on website not a
breach of confidentiality . . . . . . . . . . . . . . . . . . . . . . . 21
7 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
77A Review of operation of publication of information
provisions ........................... 21
8 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 3 Amendment of Dangerous Prisoners (Sexual Offenders) Act
2003
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10 Amendment of s 16 (Requirements for orders) . . . . . . . . . . . . . . 22
11 Amendment of s 18 (Application for amendment) . . . . . . . . . . . . 22
12 Insertion of new s 19AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19AB Application to prevent publication of prescribed
information on website . . . . . . . . . . . . . . . . . . . . . . . . 23
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
2013
A Bill
for
An Act to amend the Child Protection (Offender Reporting) Act
2004 and the Dangerous Prisoners (Sexual Offenders) Act 2003
to provide for matters relating to the publication of information
about particular offenders
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Child Protection (Offender 4
Reporting--Publication of Information) Amendment Act 5
2013. 6
Clause 2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Child Protection 9
(Offender Reporting) Act 2004 10
Clause 3 Act amended 11
This part amends the Child Protection (Offender Reporting) 12
Act 2004. 13
Clause 4 Amendment of long title 14
Long title, after `re-offend,'-- 15
insert-- 16
to enable information to be published about 17
particular offenders, 18
Clause 5 Amendment of s 3 (Purpose of this Act) 19
(1) Section 3, heading, `Purpose'-- 20
Page 4
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
omit, insert-- 1
Purposes 2
(2) Section 3(1), `The purpose'-- 3
omit, insert-- 4
The main purpose 5
(3) Section 3-- 6
insert-- 7
(1A) Another purpose of this Act is to enable 8
information to be published about particular 9
offenders. 10
(4) Section 3(2)-- 11
insert-- 12
(da) provides for the publication of information 13
on a website; and 14
(db) provides for a person to apply to receive 15
information about a reportable offender; and 16
Clause 6 Insertion of new pt 5B 17
After section 74A-- 18
insert-- 19
Part 5B Publication of 20
information about 21
offenders 22
Division 1 Preliminary 23
74AA Definitions for pt 5B 24
In this part-- 25
Page 5
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
DPSOA supervision order means an interim 1
supervision order or a supervision order under 2
the Dangerous Prisoners (Sexual Offenders) Act 3
2003. 4
general area where a person resides means a 5
description of the general locality in which the 6
person resides, including, for example, the town 7
or suburb, but does not include the person's 8
residential address. 9
identifying information means-- 10
(a) personal details of a person who is a 11
reportable offender; or 12
(b) a photograph and a statement about the 13
general area where a person resides. 14
photograph includes a digital image. 15
publish, except in section 74AO, means make 16
available on the website for inspection by 17
members of the public. 18
website means the website kept by the police 19
commissioner for this part under section 74AE. 20
74AB Limitation on delegation of police 21
commissioner's powers 22
The police commissioner may delegate a power of the 23
police commissioner under division 2 only to a person 24
for the time being performing functions in the police 25
service as a deputy commissioner or an assistant 26
commissioner of the police service. 27
Note-- 28
Under the Police Service Administration Act 1990, section 29
4.10, the police commissioner has the power to delegate the 30
police commissioner's powers, including powers under any 31
other Act. 32
Page 6
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
74AC Police commissioner not required to publish 1
or provide information 2
Nothing in this part requires the police commissioner 3
to publish or provide information about a reportable 4
offender or another person. 5
74AD Restriction on information about protected 6
witnesses 7
Nothing in this part authorises the police 8
commissioner to publish or provide information about 9
a person to whom part 4, division 9 applies. 10
Division 2 Police commissioner may 11
publish information 12
74AE Police commissioner to keep website 13
(1) The police commissioner must keep a website for 14
the purpose of publishing information about 15
persons if the information may be published 16
under this part. 17
(2) The police commissioner must ensure the 18
website is available for inspection by members of 19
the public. 20
74AF Police commissioner may publish personal 21
details of certain reportable offenders 22
(1) The police commissioner may publish any or all 23
of the prescribed personal details of a reportable 24
offender, other than a reportable offender who is 25
a child, if-- 26
(a) the police commissioner is satisfied the 27
reportable offender-- 28
Page 7
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(i) has contravened the offender's 1
reporting obligations; or 2
(ii) in purported compliance with part 4, 3
has reported information that is false or 4
misleading in a material particular; and 5
(b) the reportable offender's whereabouts are 6
not known to the police commissioner. 7
(2) The police commissioner may at any time-- 8
(a) remove any or all of the prescribed personal 9
details of a reportable offender from the 10
website; or 11
(b) again publish under subsection (1) any or all 12
of the prescribed personal details of the 13
reportable offender after their removal under 14
paragraph (a). 15
(3) If-- 16
(a) the police commissioner has published any 17
prescribed personal details of a reportable 18
offender on the website; and 19
(b) the reportable offender subsequently reports 20
the offender's whereabouts to the police 21
commissioner under part 4; 22
the police commissioner must, as soon as is 23
practicable after receiving the report, remove the 24
prescribed personal details from the website. 25
(4) In this section-- 26
prescribed personal details means the 27
following-- 28
(a) personal details of a reportable offender, 29
other than any details reported under section 30
16(1)(e) or other details that may identify a 31
child; 32
(b) a photograph of the reportable offender. 33
Page 8
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
74AG Police commissioner may publish 1
photograph and general area of certain 2
persons 3
(1) Subject to this section, the police commissioner 4
may publish a photograph of a person and a 5
statement about the general area where the 6
person resides, other than a person who is a 7
child-- 8
(a) if the person is subject to a DPSOA 9
supervision order and the order does not 10
provide that the person's photograph and a 11
statement about the general area where the 12
person resides are not to be published under 13
this section; or 14
(b) if-- 15
(i) the person, after becoming a reportable 16
offender, commits and is found guilty 17
of a prescribed offence; and 18
(ii) an offence committed by the person, 19
including the prescribed offence, is a 20
class 1 offence or an offence 21
committed against a child under the 22
Criminal Code, section 352; or 23
(c) if-- 24
(i) the person has been found guilty at any 25
time of an offence punishable by 26
imprisonment for 5 years or more; and 27
(ii) on application by the police 28
commissioner, the publication is 29
authorised by the Minister because the 30
Minister is satisfied the person poses a 31
risk to the lives or sexual safety of 1 or 32
more children, or of children generally. 33
(2) If, as mentioned in subsection (1), the police 34
commissioner proposes to publish a photograph 35
of the person and a statement about the general 36
Page 9
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
area where the person resides, the police 1
commissioner must-- 2
(a) give the person written notice of the 3
proposal and the reasons for it; and 4
(b) in the notice, inform the person that-- 5
(i) the person has a stated period to make 6
submissions or be heard in relation to 7
the proposal; and 8
(ii) if the person is subject to a 9
pre-commencement DPSOA 10
supervision order--the person may 11
apply to a court under the Dangerous 12
Prisoners (Sexual Offenders) Act 2003, 13
section 19AB, to amend the order to 14
provide that the photograph or 15
statement, or both, is not to be 16
published; and 17
(c) if subsection (1)(a) applies to the 18
person--give a copy of the notice to the 19
chief executive (corrective services). 20
(3) If the person subject to a pre-commencement 21
DPSOA supervision order applies to amend the 22
order under the Dangerous Prisoners (Sexual 23
Offenders) Act 2003, section 19AB, the police 24
commissioner must not publish the photograph 25
and a statement about the general area where the 26
person resides until the police commissioner is 27
satisfied that the application is finally decided by 28
the court. 29
(4) Before publishing a photograph of the person and 30
a statement about the general area where the 31
person resides, the police commissioner must 32
have regard to-- 33
(a) a submission made, or information or 34
document given, by the person within the 35
stated period in the notice; and 36
Page 10
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(b) if a copy of the notice was given under 1
subsection (2)(c)--a submission made by 2
the chief executive (corrective services) 3
within the stated period in the notice. 4
(5) For subsection (1)(c), it is not necessary for the 5
Minister to be able to identify a risk to particular 6
children or a particular class of children. 7
(6) For subsection (1)(c), the Minister may take into 8
account the following-- 9
(a) a medical, psychiatric, psychological or 10
other assessment relating to the person; 11
(b) information indicating whether the person is 12
likely to commit a prescribed offence in the 13
future; 14
(c) whether there is a pattern of offending 15
behaviour on the part of the person; 16
(d) the person's antecedents and the seriousness 17
of the person's total criminal record; 18
(e) the person's age and the age of victims of 19
offences committed by the person at the 20
time those offences were committed; 21
(f) the difference in age between the person and 22
the victims of those offences; 23
(g) another matter the Minister considers 24
relevant. 25
(7) In an application mentioned in subsection (1)(c), 26
the police commissioner must include 27
information available to the police commissioner 28
that may be relevant to the Minister's decision 29
whether to authorise publication. 30
(8) The fact an offence for which a person has been 31
found guilty becomes spent does not affect the 32
consideration of the offence as part of the 33
person's total criminal record for subsection 34
(6)(d). 35
Page 11
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(9) For subsection (8), an offence becomes spent if, 1
under a law in any jurisdiction, the reportable 2
offender is allowed to not disclose the fact that 3
the person was convicted or found guilty of the 4
offence. 5
(10) In this section-- 6
pre-commencement DPSOA supervision order 7
means a DPSOA supervision order made before 8
the commencement of this section. 9
prescribed offence means-- 10
(a) a class 1 offence; or 11
(b) a class 2 offence; or 12
(c) a sexual offence under the Criminal Law 13
(Sexual Offences) Act 1978. 14
stated period, for a notice, means-- 15
(a) if the person given the notice is subject to a 16
pre-commencement DPSOA supervision 17
order--a period of not less than 28 days; or 18
(b) otherwise--a period of not less than 21 19
days. 20
74AH Removal of photograph and general area 21
from website 22
(1) The police commissioner may at any time-- 23
(a) remove the photograph of a person and the 24
statement about the general area where the 25
person resides from the website on which 26
they are published under section 74AG(1); 27
or 28
(b) again publish under section 74AG(1) a 29
photograph of a person and a statement 30
about the general area where the person 31
resides after their removal under paragraph 32
(a). 33
Page 12
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(2) The police commissioner must, as soon as is 1
practicable, remove the photograph of a person 2
and the statement about the general area where 3
the person resides from the website if-- 4
(a) the police commissioner has published a 5
photograph of the person and a statement 6
about the general area where the person 7
resides as mentioned in section 74AG(1)(a); 8
and 9
(b) the person ceases to be subject to a DPSOA 10
supervision order; and 11
(c) section 74AG(1)(b) and (c) do not apply to 12
the person. 13
(3) The police commissioner must, as soon as is 14
practicable, remove the photograph of a person 15
and the statement about the general area where 16
the person resides from the website if-- 17
(a) the police commissioner has published a 18
photograph of a person and the statement 19
about the general area where the person 20
resides as mentioned in section 74AG(1)(b); 21
and 22
(b) the person's reporting obligations expire; 23
and 24
(c) section 74AG(1)(a) and (c) do not apply to 25
the person. 26
74AI Police commissioner may take into account 27
certain matters 28
(1) This section applies to a decision by the police 29
commissioner about whether to-- 30
(a) publish identifying information about a 31
person under section 74AF(1) or 74AG(1); 32
or 33
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(b) remove the identifying information from the 1
website under section 74AF(2) or 74AH(1). 2
(2) The police commissioner may take into account 3
the following matters-- 4
(a) whether publishing the identifying 5
information about a person would interfere 6
with-- 7
(i) an investigation by police officers in 8
relation to the person; or 9
(ii) the person's compliance with the 10
reporting obligations; or 11
(iii) the operation of a community order, a 12
DPSOA supervision order or another 13
order or requirement under a written 14
law to which the person is subject; 15
(b) whether publishing the identifying 16
information about the person might identify 17
a victim of an offence, or a school, 18
university or other place of education 19
attended by a victim of an offence, 20
committed by the person; 21
(c) the effect publishing the identifying 22
information about the person might have on 23
a victim of an offence committed by the 24
person; 25
(d) whether, in statements made by the victim to 26
the police commissioner, publishing the 27
identifying information about the person has 28
been supported or opposed by a victim of an 29
offence committed by the person; 30
(e) whether publishing the identifying 31
information about the person would increase 32
the risk of the person committing offences; 33
Page 14
Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
(f) the police commissioner's assessment of the 1
benefit to the community of publishing the 2
identifying information about the person; 3
(g) if the identifying information is about a 4
person who is awaiting trial on a charge of 5
an offence--whether publishing the 6
identifying information might prejudice the 7
fair trial of the person; 8
(h) another matter the police commissioner 9
considers relevant. 10
(3) In this section-- 11
community order means a community service 12
order, an intensive correction order, a probation 13
order, or an order that a term of imprisonment be 14
suspended, under the Penalties and Sentences Act 15
1992. 16
74AJ Police commissioner may inform child's 17
parent or guardian whether specified person 18
is a reportable offender 19
(1) A person may apply to the police commissioner 20
to be informed about whether or not a person 21
specified in the application (the specified 22
person), other than a person who is a child, is a 23
reportable offender. 24
(2) The application must be made in a way approved 25
by the police commissioner. 26
(3) In support of the application, the applicant must 27
give any evidence required by the police 28
commissioner to be satisfied the specified person 29
has regular unsupervised contact with a child of 30
whom the applicant is a parent or guardian. 31
(4) For subsection (3), a person does not have regular 32
unsupervised contact with a child unless the 33
person has unsupervised contact with the child 34
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
for at least 3 days (whether consecutive or not) in 1
any period of 1 year. 2
(5) If the police commissioner is satisfied the 3
specified person has regular unsupervised contact 4
with a child of whom the applicant is a parent or 5
guardian, the police commissioner may inform 6
the applicant whether or not the specified person 7
is a reportable offender. 8
74AK Protection as to publication and other 9
provision of information 10
(1) If the police commissioner decides in good 11
faith-- 12
(a) to publish or give information under this 13
part; or 14
(b) not to publish or give information under this 15
part; 16
no civil or criminal liability attaches to the police 17
commissioner or the State by reason of 18
publishing or giving the information or omitting 19
to publish or give the information. 20
(2) If information is published or provided by the 21
police commissioner under this part, the 22
publication or giving of the information is not to 23
be regarded-- 24
(a) as a breach of any duty of confidentiality or 25
secrecy imposed by law; or 26
(b) as a breach of professional ethics or 27
standards or as unprofessional conduct. 28
(3) Section 75 does not apply to publishing or giving, 29
or omitting to publish or give information, as 30
mentioned in subsection (1). 31
(4) In this section-- 32
information includes identifying information. 33
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
Division 3 Review 1
74AL Review about publication of personal details 2
(1) This section applies if a person believes 3
identifying information about the person has 4
been published in error under section 74AF or 5
74AG. 6
(2) The person may apply in writing to the police 7
commissioner to review a decision to publish the 8
details, unless the publication was authorised by 9
the Minister under section 74AG(1)(c). 10
(3) The application must be made while the 11
identifying information is published under this 12
part. 13
(4) The police commissioner may remove the 14
identifying information from publication while 15
the commissioner is considering the application. 16
(5) On receiving the application for a review, the 17
police commissioner must-- 18
(a) give the person a reasonable opportunity to 19
state the person's case before making a 20
decision on the matter; and 21
(b) review the decision to publish the 22
identifying information and confirm or 23
revoke it; and 24
(c) give the person written notice of the 25
decision. 26
(6) If the police commissioner revokes a decision to 27
publish the identifying information about a 28
person, the police commissioner must, as soon as 29
is practicable after making the decision, remove 30
the information from the website. 31
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
74AM Review about identification of person as 1
reportable offender 2
(1) This section applies if a person believes the 3
police commissioner has, under section 74AJ, 4
informed a parent or guardian that the person is a 5
reportable offender and the information is 6
incorrect. 7
(2) The person may apply in writing to the police 8
commissioner to provide correct information. 9
(3) On receiving the application, the police 10
commissioner must-- 11
(a) give the person a reasonable opportunity to 12
state the person's case before making a 13
decision on the matter; and 14
(b) confirm the information or correct it; and 15
(c) give the person, and the parent or guardian, 16
written notice of the confirmation or 17
correction. 18
Division 4 Offences 19
74AN Conduct intended to incite animosity 20
towards or harassment of identified 21
offenders 22
(1) A person must not engage in any conduct, 23
otherwise than in private, by which the person 24
intends to create, promote or increase animosity 25
towards, or harassment of, a person as an 26
identified offender. 27
Maximum penalty--10 years imprisonment. 28
(2) An offence against subsection (1) is a crime. 29
(3) A person must not engage in any conduct, 30
otherwise than in private, that is likely to create, 31
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
promote or increase animosity towards, or 1
harassment of, a person as an identified offender. 2
Maximum penalty--2 years imprisonment. 3
(4) A reference in subsection (1) or (3) to conduct 4
includes conduct happening on a number of 5
occasions over a period of time. 6
(5) For subsection (1) or (3), conduct is taken not to 7
happen in private if it-- 8
(a) consists of a form of communication with 9
the public or a section of the public; or 10
(b) happens in a public place or in sight or 11
hearing of people who are in a public place. 12
(6) In this section-- 13
animosity towards means hatred of or serious 14
contempt for. 15
harassment includes threat, serious and 16
substantial abuse and severe ridicule. 17
identified offender means-- 18
(a) a person in relation to whom prescribed 19
personal details are published by the police 20
commissioner under section 74AF; or 21
(b) a person in relation to whom a photograph 22
and a statement about the general area 23
where the person resides are published by 24
the police commissioner under section 25
74AG; or 26
(c) a person about whom the police 27
commissioner provides information under 28
section 74AJ or 74AM. 29
public place includes-- 30
(a) a place to which the public, or a section of 31
the public, has or is permitted to have 32
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 6]
access, whether on payment or otherwise; 1
and 2
(b) a privately owned place to which the public 3
has access with the express or implied 4
approval of, or without interference from, 5
the owner, occupier or person who has the 6
control or management of the place; and 7
(c) a school, university or other place of 8
education, other than a part of it to which 9
neither students nor the public usually have 10
access. 11
74AO Publication, display and distribution of 12
identifying or other information 13
(1) A person must not display, distribute or 14
publish-- 15
(a) identifying information about a person 16
published under section 74AF or 74AG; or 17
(b) information about whether or not a person is 18
a reportable offender provided under section 19
74AJ or 74AM. 20
Maximum penalty--2 years imprisonment. 21
(2) Subsection (1) does not apply to a person who-- 22
(a) obtained the written approval of the Minister 23
before displaying, distributing, or 24
publishing the information mentioned in 25
subsection (1); or 26
(b) is authorised under this part to display, 27
distribute or publish the information 28
mentioned in subsection (1). 29
(3) In this section-- 30
display means display in or within view of a 31
public place. 32
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 7]
distribute means distribute to the public or a 1
section of the public. 2
public place see section 74AN(6). 3
publish means publish to the public or a section 4
of the public. 5
74AP Disclosure of published information on 6
website not a breach of confidentiality 7
(1) If information is published on the website in 8
accordance with this part, section 70 does not 9
apply to a person who discloses the information 10
after it is published, even if it is personal 11
information in the register. 12
(2) This section does not limit section 74AO. 13
Clause 7 Insertion of new s 77A 14
After section 77-- 15
insert-- 16
77A Review of operation of publication of 17
information provisions 18
The Minister must carry out a review of the operation 19
and effectiveness of part 5B as soon as is practicable 20
after 3 years after the commencement of section 21
74AF. 22
Clause 8 Amendment of sch 3 (Dictionary) 23
Schedule 3-- 24
insert-- 25
DPSOA supervision order, for part 5B, see 26
section 74AA. 27
general area where a person resides, for part 5B, 28
see section 74AA. 29
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 3 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 9]
identifying information, for part 5B, see section 1
74AA. 2
photograph, for part 5B, see section 74AA. 3
publish, for part 5B, except section 74AO, see 4
section 74AA. 5
website, for part 5B, see section 74AA. 6
Part 3 Amendment of Dangerous 7
Prisoners (Sexual Offenders) 8
Act 2003 9
Clause 9 Act amended 10
This part amends the Dangerous Prisoners (Sexual Offenders) 11
Act 2003. 12
Clause 10 Amendment of s 16 (Requirements for orders) 13
Section 16-- 14
insert-- 15
(3) Without limiting subsection (2), the order may 16
provide that the photograph of the person and a 17
statement about the general area where the 18
person resides are not to be published under the 19
Child Protection (Offender Reporting) Act 2004, 20
section 74AG. 21
Clause 11 Amendment of s 18 (Application for amendment) 22
Section 18(1), after `division'-- 23
insert-- 24
, other than an application made under section 19AB, 25
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 3 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 12]
Clause 12 Insertion of new s 19AB 1
Part 2, division 4, after section 19A-- 2
insert-- 3
19AB Application to prevent publication of 4
prescribed information on website 5
(1) This section applies if a supervision order or 6
interim supervision order is made for a released 7
prisoner before the commencement of this 8
section. 9
(2) The released prisoner may apply to the court 10
under this division to amend the requirements of 11
the supervision order or interim supervision order 12
to provide that the prescribed information is not 13
to be published under the Child Protection 14
(Offender Reporting) Act 2004, section 74AG. 15
(3) Notification of an application made by the 16
released prisoner must be given to the police 17
commissioner, the Attorney-General and the 18
chief executive. 19
(4) The court may, on application, amend the 20
requirements of a supervision order or an interim 21
supervision order to provide that the prescribed 22
information about the released prisoner is not to 23
be published if the court is satisfied that it is 24
reasonable to make the amendment in all the 25
circumstances. 26
(5) In this section-- 27
prescribed information means a photograph of a 28
released prisoner and a statement about the 29
general area where the person resides. 30
Clause 13 Amendment of schedule (Dictionary) 31
Schedule-- 32
insert-- 33
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Child Protection (Offender Reporting--Publication of Information) Amendment Bill 2013
Part 3 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 13]
general area where the person resides see the 1
Child Protection (Offender Reporting) Act 2004, 2
section 74AA. 3
Authorised by the Parliamentary Counsel
Page 24
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