Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld)

Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

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

Part 1    Preliminary

1   Short title

This Act may be cited as the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Purposes of this Act

(1)Parliament recognises that any risk to the lives or sexual safety of 1 or more children, or of children generally, is unacceptable.

(1A)The purposes of this Act are—

(a)to provide for the protection of the lives of children and their sexual safety; and

(b)to require particular offenders who commit sexual, or particular other serious, offences against children to keep police informed of the offender’s whereabouts and other personal details for a period of time after the offender’s release into the community—

(i)to reduce the likelihood that the offender will re-offend; and

(ii)to facilitate the investigation and prosecution of any future offences that the offender may commit.

(2)In outline, this Act—

(a)provides for the establishment of a child protection register; and

(b)requires offenders who are sentenced for reportable offences to report specified personal details for inclusion in the register; and

(c)requires those reportable offenders to keep those details up to date, to report those details periodically and to also report particular travel plans; and

(d)imposes those reporting obligations for a period of between 2¹/₂ years and life, depending on the number, severity and timing of the offences committed, and the age of the reportable offender at the time an offence was committed; and

(e)allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and

(f)provides for the making of orders against particular offenders who commit sexual, or particular other serious, offences against children to—

(i)prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or

(ii)require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.

(3)Subsection (2) is intended only as a guide to readers about the general scheme and effect of this Act.

4   Relationship between this Act and Dangerous Prisoners (Sexual Offenders) Act 2003

(1)This section applies to a person who is, for a period (the concurrent period)—

(a)a reportable offender subject to reporting obligations under this Act; and

(b)subject to the requirements of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

(2)During the concurrent period, the reportable offender is not required to make any report under this Act other than an initial report.

Part 2    Interpretation

5   Reportable offender defined

(1)A reportable offender is a person who is—

(a)sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or

(b)sentenced for an offence for which a court has made a declaration under subsection (5); or

(c)an existing reportable offender; or

(d)a corresponding reportable offender; or

(e)subject to an offender reporting order; or

(f)subject to an offender prohibition order; or

(g)the respondent for a registered corresponding order; or

(h)a post-DPSOA reportable offender.

(2)However, a person mentioned in subsection (1)(a) is not a reportable offender only because—

(a)the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992, section 12 or the Youth Justice Act 1992, section 183, (or an equivalent order under the laws of a foreign jurisdiction); or

(b)the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include—

(i)a term of imprisonment; or

(ii)a requirement that the person be under the supervision of a supervising authority or another person or body; or

(c)the person, as a child, committed—

(i)a single offence against the Classification of Computer Games and Images Act 1995, section 26(3), the Classification of Films Act 1991, section 41 or 42 or the Classification of Publications Act 1991, section 13, 14, 15 or 16; or

(ii)a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or

(iii)a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or

(iv)a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.

(3)Also, a person is not a reportable offender if the person—

(a)is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or

(b)has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection.

(4)For this section, it does not matter—

(a)whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or

(b)whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.

(5)For subsection (1)(b), if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence.

(6)For subsection (2)(b)(ii), a reference to being under the supervision of a supervising authority does not include supervision under a fine option order.

6   Existing reportable offender defined

(1)An existing reportable offender is—

(a)a person who—

(i)was convicted of a reportable offence before 1 January 2005; and

(ii)on 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or

(b)a person who, immediately before 1 January 2005, was subject to a pre-2005 reporting order.

(2)Subsection (1)(a) does not apply if a conviction was not recorded under the Penalties and Sentences Act 1992, section 12 or the Youth Justice Act 1992, section 183.

7   Corresponding reportable offender and corresponding reportable offence defined

(1)A corresponding reportable offender is a person who—

(a)has, at any time, been convicted of a corresponding reportable offence; and

(b)falls within a class of person whom a regulation states is a corresponding reportable offender.

(2)A corresponding reportable offence is an offence against a law of a foreign jurisdiction if a person convicted of the offence would be required to report to the corresponding registrar in the foreign jurisdiction because of the conviction.

7A   Post-DPSOA reportable offender defined

(1)A post-DPSOA reportable offender is a person who—

(a)was sentenced for a reportable offence, whether before or after 1 January 2005; and

(b)was, but is no longer, subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

(2)A person becomes a post-DPSOA reportable offender when the person stops being subject to the division 3 order mentioned in subsection (1)(b).

8   When a person stops being a reportable offender

A person stops being a reportable offender when any of the following events happen—

(a)the conviction in relation to the only offence that makes the person a reportable offender under this Act is quashed or set aside by a court;

(b)the person’s sentence for the only reportable offence that makes the person a reportable offender under this Act is reduced or altered so that the person would have been a person mentioned in section 5(2)(a) or (b) had the amended sentence been the original sentence;

(c)the offender reporting order that makes the person a reportable offender under this Act is quashed on appeal;

(d)the end of all reporting periods to which the person is subject, including under an offender prohibition order.

9   Reportable offence and existing reportable offence defined

(1)A reportable offence is—

(a)an offence (a prescribed offence) that is mentioned in schedule 1, item 9, if—

(i)the offence is committed in respect of a child; or

(ii)the police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or

(b)another offence (also a prescribed offence) that is mentioned in schedule 1; or

(c)another offence that results in an offender reporting order being made; or

(d)a corresponding reportable offence.

(2)An existing reportable offence is a reportable offence committed before the commencement day, regardless of whether a person is convicted of the offence before or after the commencement day.

9A   Reportable contact defined

(1)A reportable offender has reportable contact with a child if the offender—

(a)has physical contact with the child; or

(b)communicates with the child orally, whether in person, by telephone or over the internet; or

(c)communicates with the child in writing (including by electronic communication).

(2)Without limiting subsection (1), reportable contact includes contact with a child when the offender is—

(a)supervising or caring for any child; or

(b)exchanging contact details with any child; or

(c)attempting to befriend any child.

(3)Reportable contact does not include contact with a child that is incidental to the offender’s daily life unless the contact—

(a)involves an attempt by the offender to befriend, or establish further contact with, the child; or

(b)occurs with a regularity or frequency, or in a way, that may reasonably be expected to result in a level of familiarity or trust between the offender and the child beyond what may reasonably be expected to be incidental to the offender’s daily life.

Examples of contact with a child that is incidental to a reportable offender’s daily life—

•the offender buys a newspaper from a shop where the shop attendant is a child

•the offender buys takeaway food from a shop that has child employees

(4)In this section—

contact means contact that happens in Queensland or elsewhere.

10   Conviction defined

(1)A reference to a conviction in relation to an offence (however expressed) committed by a person is a reference to any of the following, whether or not a conviction is recorded—

(a)a court making a formal finding of guilt in relation to the offence;

(b)a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;

(c)a court accepting a plea of guilty from the person in relation to the offence;

(d)a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under the Penalties and Sentences Act 1992, section 189 or the Youth Justice Act 1992, section 157, or under equivalent provisions of the laws of a foreign jurisdiction.

(2)However, a reference to a conviction does not include a conviction that is later quashed or set aside by a court.

10A   Personal details defined

The personal details of a reportable offender are the details mentioned in schedule 2 for the offender.

10B    When a person poses a risk to children

A person poses a risk to the lives or sexual safety of 1 or more children, or of children generally, if there is a risk that the person will engage in conduct that may constitute a reportable offence against or in relation to a child or children.

11   References to other terms and concepts

(1)A single offence is 1 or more offences committed against the same person within a single period of 24 hours that, together, are taken to be 1 offence.

(2)A reference to doing a thing in person is a reference to doing the thing by personal attendance at a place, and is not a reference to attending the place by phone or by other electronic means.

12   Definitions

The dictionary in schedule 5 defines particular words used in this Act.

Part 3    Offender reporting orders

Division 1 Making offender reporting orders

12A    Offender reporting order defined

An offender reporting order is an order made against a person that the person comply with the reporting obligations imposed on a reportable offender under this Act.

12B   Making offender reporting order—conviction for offence other than prescribed offence

(1)This section applies if a court—

(a)convicts a person of an offence other than a prescribed offence; and

(b)records a conviction and imposes a sentence for the offence.

Note—

For when no conviction is recorded, see the Penalties and Sentences Act 1992, section 12 and the Youth Justice Act 1992, section 183.

(2)The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D—

(a)the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or

(b)for a person convicted of a child abduction offence—

(i)the context in which the offence was committed was not familial; and

(ii)it is appropriate in the circumstances to make the order.

Example of circumstances in which it is appropriate to make the order—

The commission of the offence was not merely incidental.

(3)For subsection (2)(a), it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.

12C   Making offender reporting order—forensic order

(1)This section applies if a court makes a forensic order in relation to a person.

(2)The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D—

(a)the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or

(b)if the forensic order was made in relation to a child abduction offence—

(i)the context in which the offence was committed was not familial; and

(ii)it is appropriate in the circumstances to make the order.

(3)For subsection (2)—

(a)a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and

(b)a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.

(4)For subsection (2)(a), it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.

(5)An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016, section 441.

12D    Matters court must consider before making offender reporting order

The matters a court must consider for section 12B(2) or 12C(2) are—

(a)when the conduct the subject of the proposed offender reporting order happened; and

(b)the nature and seriousness of the conduct; and

(c)for each offence to which the proposed order relates—

(i)the age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and

(ii)the relationship, if any, between the respondent and the victim of the offence; and

(d)the respondent’s criminal history, including the seriousness of the criminal history; and

(e)the respondent’s circumstances, including—

(i)the access the respondent has to children, including access through the respondent’s employment; and

(ii)the respondent’s needs in relation to accommodation, employment, health and mental health; and

(f)anything else the court considers relevant.

12E    Court may act on own initiative or application

(1)A court may make an offender reporting order—

(a)on its own initiative; or

(b)on the application of the prosecution.

(2)The prosecution may make an application under subsection (1)(b) at any time within 6 months after the day the court—

(a)imposes the sentence for the offence; or

(b)makes the forensic order.

Division 2 Appeals

12F   Appeal under Criminal Code

(1)If a court makes an offender reporting order against a person under section 12B, the person may appeal against the making of the order under the Criminal Code, chapter 67.

(2)If a court refuses an application for an offender reporting order to be made against a person under section 12B, the Attorney-General may appeal against the refusal under the Criminal Code, chapter 67.

(3)For subsections (1) and (2), the Criminal Code, chapter 67 applies as if the order, or the refusal, were a sentence pronounced on conviction of the person for an indictable offence.

12G   Appeal under Mental Health Act 2016

(1)If a court makes an offender reporting order against a person under section 12C, the person may appeal against the making of the order under the Mental Health Act 2016.

(2)If a court refuses an application for the imposition of an offender reporting order against a person under section 12C, the Attorney-General may appeal against the refusal under the Mental Health Act 2016.

(3)For subsections (1) and (2), the Mental Health Act 2016 applies as if—

(a)the order or refusal were a decision of the Mental Health Court; and

(b)a reference in the Mental Health Act 2016 to the Mental Health Court were a reference to the court that made the order or refused the application.

13   [Repealed]

Part 3A    Offender prohibition orders

Division 1 Offender prohibition orders

Subdivision 1 Prohibition orders

13A   Application

(1)The police commissioner may apply to a court for a prohibition order for a person if the police commissioner believes, on reasonable grounds, the person—

(a)is a relevant sexual offender; and

(b)has engaged in concerning conduct.

(2)The application must be in the approved form and must state—

(a)the particulars of each conviction of the respondent for a reportable offence committed against a child; and

(b)the particulars of the concerning conduct the respondent is alleged to have engaged in; and

(c)when the respondent is alleged to have engaged in the concerning conduct; and

(d)the conduct of the respondent proposed to be prohibited under the prohibition order, including the conditions sought by the police commissioner.

(3)In this section—

concerning conduct means an act or omission, or a course of conduct, the nature or pattern of which poses a risk to the safety or wellbeing of 1 or more children, or of children generally, and may include the following—

(a)conduct that constitutes an offence;

(b)conduct that is a single act or omission.

Examples—

•loitering at or near a park fitted with playground equipment regularly used by children

•seeking employment or volunteer work that will involve the employee coming into contact with children, including, for example, door-to-door sales or collecting

•living near a school

•living in a household with children under 16 years

13B   How proceeding for prohibition order is started

(1)The police commissioner starts a proceeding against a respondent under section 13A(1) by issuing an appearance notice for the proceeding.

(2)As soon as practicable after starting the proceeding, and before the time the respondent is required to appear at a place before a court under the appearance notice, the police commissioner must file the following documents with the registrar of the court at the place—

(a)the application for the proceeding;

(b)a copy of the appearance notice for the proceeding.

(3)A police officer must serve a copy of the application and the appearance notice (the application documents) on the respondent.

Note—

For further provisions about service, see section 13ZL.

(4)Also, for a child respondent, the police commissioner must, as soon as practicable after starting the proceeding, give a copy of the application documents to—

(a)the chief executive (child safety), if the prohibition order sought is likely to result in the child respondent needing to change the child respondent’s place of residence; and

(b)a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.

13C    Making prohibition order

(1)A court may make a prohibition order if the court is satisfied, on the balance of probabilities, after considering the matters mentioned in section 13D—

(a)the respondent is a relevant sexual offender; and

(b)having regard to the nature or pattern of conduct engaged in by the respondent—

(i)the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and

(ii)the making of the prohibition order will reduce the risk.

(2)Also, for a child respondent, the court may only make the prohibition order—

(a)after considering a report given to the court under section 13E; and

(b)if satisfied the making of the prohibition order is a last resort and the most effective way of reducing the risk mentioned in subsection (1)(b)(i).

(3)For subsection (1), it is not necessary for the court to be able to identify a risk to a particular child or particular children.

(4)The application for the prohibition order may be heard in the respondent’s absence if the court is satisfied the respondent was served with the application documents under section 13B(3).

(5)However, the court may, at any time before making the prohibition order, direct the police commissioner to give a further appearance notice to the respondent as directed by the court.

13D    Matters court must consider before making prohibition order

The matters a court must consider for section 13C(1) are—

(a)when the conduct that is the subject of the proposed prohibition order happened; and

(b)the seriousness of the respondent’s reportable offences committed against a child, whether committed in Queensland or elsewhere; and

(c)the period since the reportable offences were committed; and

(d)for each reportable offence—

(i)the age of the respondent, and the age of the victim of the offence, when the offence was committed; and

(ii)the difference in age between the respondent and the victim of the offence; and

(e)the respondent’s present age; and

(f)the seriousness of the respondent’s criminal history; and

(fa)whether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; and

(g)the effect of the prohibition order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child; and

(h)the respondent’s circumstances—

(i)to the extent the circumstances relate to the conduct sought to be prohibited; and

(ii)including the reportable offender’s accommodation, employment needs and integration into the community; and

(i)for a child respondent—the child respondent’s educational needs; and

(j)anything else the court considers relevant.

13E    Court must order report before making prohibition order for child respondent

(1)This section applies if the court is satisfied of the matters mentioned in section 13C(1) in relation to a child respondent.

(2)Before making a prohibition order for the child respondent, the court must direct the chief executive (communities) to give to the court a written report containing stated information, assessments and reports about—

(a)the child respondent; or

(b)the child respondent’s family; or

(c)other matters.

(3)The report may contain the opinion of the chief executive (communities) on what impact a prohibition order may have on the child respondent in relation to the child respondent’s accommodation, educational, health, cultural or social needs.

(4)The report must be given to the court within the period stated by the court in the direction.

(5)When the report is given to the court under subsection (4), the registrar of the court must give a copy of the report to each party to the proceeding.

13F    Conduct that may be prohibited

(1)A prohibition order may prohibit the respondent from engaging in stated conduct, including, for example—

(a)associating with, or otherwise contacting, stated persons or a stated kind of person; or

Example—

corresponding with other relevant sexual offenders

(b)being in stated locations or a stated kind of location; or

Example—

within 200m of a school between 7a.m. and 7p.m. on school days

(c)residing at a stated residence, stated residences, a stated kind of residence or a residence at a stated location; or

Examples—

•a residence within 200m of a school

•a residence where children under 16 years reside

(d)engaging in stated behaviour; or

Examples—

•taking photos of children

•downloading from the internet catalogues that feature child models

•using internet chat rooms that are primarily aimed at children

(e)being in stated employment, or a stated kind of employment, whether paid or voluntary, that is likely to bring the respondent into contact with children.

Examples—

•employment in a cafe in the vicinity of a school

•door-to-door sales or collecting

(2)A prohibition order may prohibit conduct—

(a)absolutely; or

(b)on the terms the court considers appropriate.

(3)A prohibition order may prohibit the respondent from entering or remaining in a stated place even if the respondent has a right to enter or to be in the place.

(4)If a prohibition order prohibits the respondent from entering or remaining in a place as mentioned in subsection (3), the court must, if satisfied it is necessary to do so, ensure the prohibition order provides for the respondent to recover the respondent’s personal property from the place.

Example—

A provision of a prohibition order may allow a respondent to enter a stated place between stated times, if accompanied by a police officer, to recover the respondent’s property.

13FA    Conduct that may be required

(1)A prohibition order may require the respondent to do any of the following things—

(a)wear a tracking device for a stated period;

(b)comply with a condition the court considers necessary to facilitate the operation of a tracking device;

(c)reside at a particular place of residence;

(d)submit to psychological treatment;

(e)comply with a condition the court considers necessary to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.

(2)This section does not limit section 13F.

(3)In this section—

tracking device means an electronic device capable of being worn, and not removed, by a person for the purpose of the police service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.

13G    Term of prohibition order

(1)A prohibition order—

(a)takes effect on the day notice of it is given to the respondent; and

(b)subject to subsection (3), remains in force for the following term—

(i)for an adult respondent—5 years;

(ii)for a child respondent—2 years.

(2)Subsection (3) applies if an application for a new prohibition order for a respondent—

(a)is made before the end of the term of the existing prohibition order for the respondent; and

(b)is not decided before the day the existing prohibition order ends.

(3)The existing prohibition order continues to have effect until the application for the new prohibition order is decided.

(4)The term of a new prohibition order mentioned in subsection (3) starts when the term of the existing prohibition order mentioned in the subsection ends.

Example—

The term of the existing prohibition order ends on 30 June 2018. An application for a new prohibition order is made on 31 May 2018. The application for the new prohibition order is decided, and the new prohibition order is made, on 1 August 2018.
Under subsection (3), the term of the existing prohibition order is extended until the new prohibition order is made on 1 August 2018. Although the new prohibition order takes effect on 1 August 2018 under subsection (1), its term starts on 1 July 2018 under subsection (4).

(5)In this section—

term, of an existing prohibition order, does not include the period for which the existing prohibition order’s effect is continued under subsection (3).

Subdivision 2 Temporary orders

13H    Definition for subdivision

In this subdivision—

final order means an order under section 13C(1).

13I    Applying for temporary order

(1)The police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner—

(a)has the belief mentioned in section 13A(1) about the person; and

(b)also believes on reasonable grounds that—

(i)the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and

(ii)the making of the temporary order will reduce the risk.

(2)The application must state—

(a)the matters mentioned in section 13A(2); and

(b)why the police commissioner believes the temporary order is necessary.

(3)The application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating—

(a)when and how the application will be made; and

(b)that the respondent—

(i)may be present before the magistrate when the application is made; and

(ii)may make submissions to the magistrate.

(4)The Police Powers and Responsibilities Act 2000, sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act.

Note—

The Police Powers and Responsibilities Act 2000, sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.

13J    Temporary order made by magistrate

(1)A magistrate may make a temporary order if the magistrate is satisfied, on the balance of probabilities, of the matters mentioned in section 13C(1).

(2)For subsection (1)—

(a)the reference in section 13C(1)(b)(ii) to the prohibition order is taken to be a reference to the temporary order; and

(b)it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and

(c)sections 13C(2), (4) and (5), 13D and 13E do not apply.

(3)Also, for subsection (1), if the application for the temporary order is made without notice being given to the respondent, the magistrate may not make the temporary order unless the magistrate considers it necessary to make the temporary order without notice to the respondent in the particular circumstances of the case.

(4)The temporary order need only be supported by information the magistrate considers sufficient and appropriate having regard to the temporary nature of the temporary order.

Example—

oral submissions, rather than evidence on oath

(5)When the magistrate makes the temporary order, the magistrate must fix a return date, time and place for an application for a final order.

(6)On the making of the temporary order, the police commissioner must immediately start a proceeding under section 13B(1) for the final order.

(7)The date, time and place stated in the appearance notice for the final order must be the date, time and place fixed under subsection (5).

13K    Temporary order made by court

(1)During a proceeding for a final order for a respondent, the court must, on its own initiative or on application by a party to the proceeding, decide whether to make a temporary order for the respondent.

(2)However, the court may only make the temporary order if the court—

(a)is satisfied, on the balance of probabilities, of the matters mentioned in section 13C(1); and

(b)after the temporary order is made, adjourns the proceedings.

(3)For subsection (2)(a)—

(a)the reference in section 13C(1)(b)(ii) to the prohibition order is taken to be a reference to the temporary order; and

(b)it is not necessary for the court to be able to identify a risk to a particular child or particular children; and

(c)sections 13C(2), (4) and (5), 13D and 13E do not apply.

(4)The temporary order need only be supported by information the court considers sufficient and appropriate having regard to the temporary nature of the temporary order.

(5)The temporary order may be made in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B(3).

13L    Conduct that may be prohibited

Section 13F applies to a temporary order as if—

(a)a reference in the section to a prohibition order were a reference to a temporary order; and

(b)a reference in the section to the court included, for section 13J a reference to a magistrate.

13LA    Conduct that may be required

Section 13FA applies to a temporary order as if—

(a)a reference in the section to a prohibition order were a reference to a temporary order; and

(b)a reference in the section to the court included, for section 13J, a reference to a magistrate.

13M    Term of temporary order

(1)A temporary order takes effect—

(a)if the respondent is present before the magistrate or court when the temporary order is made—when it is made; or

(b)if the respondent is not present before the magistrate or court when the temporary order is made—when a copy of the temporary order is served on the respondent under section 13S(2).

(2)The temporary order remains in force until whichever of the following happens first—

(a)if the temporary order is made under section 13J—a proceeding for a final order is not started by the return date and time fixed by a magistrate under section 13J(5);

(b)the application for the final order is next mentioned in a court and the court does not extend the term of the temporary order under section 13N;

(c)the prescribed period ends;

(d)a court decides the application for the final order;

(e)the police commissioner discontinues the application for the final order;

(f)the temporary order is revoked under section 13Q or on appeal.

(3)In this section—

final order means a final order for the respondent for the temporary order.

prescribed period means—

(a)the period for which the temporary order is extended under section 13N; or

(b)otherwise—28 days.

13N    Extending temporary order if application for final order adjourned

(1)This section applies if—

(a)a temporary order is in force for the respondent to an application for a final order; and

(b)the court adjourns the application; and

(c)the temporary order will end before the application is decided.

(2)The court may, on application or on its own initiative, extend the temporary order for not more than 28 days, or a longer period to which the respondent consents.

(3)The temporary order may be extended in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B(3).

Subdivision 3 Other provisions about offender prohibition orders

13O    Who may be present at hearing of application

(1)A magistrate or court hearing an application for an offender prohibition order must hear the application in the presence of only—

(a)the applicant; and

(b)unless the application is heard in the respondent’s absence—the respondent; and

(c)any witness the magistrate or court allows for the application; and

(d)another person the magistrate or court considers appropriate to be present and allows to be present; and

Examples—

•a parent of a child respondent

•another person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present

•a person conducting relevant academic or scientific research

(e)a lawyer representing anyone mentioned in paragraph (a), (b) or (c); and

(f)a person whose presence the magistrate or court considers is necessary or desirable for the proper conduct of the proceedings.

Example—

a recorder performing a function under the Recording of Evidence Act 1962

(2)This section does not limit the Police Service Administration Act 1990, section 10.24.

Note—

The Police Service Administration Act 1990, section 10.24 provides for the representation of police officers in court.

13P    Making order for adult respondent by consent

(1)This section applies if an application is made to a magistrate or court for an order under this part for an adult respondent.

(2)The magistrate or court may make the order if the applicant and the respondent consent to the making of the order.

(3)The court may make an offender prohibition order with the consent of the applicant and the respondent without being satisfied of the matters stated in section 13C, or considering the matters mentioned in section 13D, unless the court considers it is not in the interests of justice to do so.

(4)In considering the interests of justice for subsection (3), the matters to which the court may have regard include—

(a)whether the respondent has obtained legal advice about the proposed offender prohibition order; and

(b)whether the respondent—

(i)has an intellectual disability or cognitive impairment; or

Examples—

an acquired brain injury, Alzheimer’s disease or dementia

(ii)has a significant mental illness that requires ongoing treatment by a psychiatrist; or

(iii)has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or

(iv)is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000; or

(v)is illiterate, or is not literate in the English language; or

Example—

a person from a non-English speaking background

(vi)is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.

(5)This section does not limit the magistrate’s or court’s power under section 13C, 13J, 13K or 13Q.

13Q    Varying or revoking offender prohibition order

(1)The police commissioner, or the respondent, may apply to the court under the relevant rules of court for the variation or revocation of an offender prohibition order.

(2)However, other than in relation to an offender prohibition order made in the respondent’s absence, the respondent may only make an application under subsection (1) with the court’s leave.

(3)The court may grant the leave if satisfied—

(a)it is in the interests of justice, having regard to changes in the respondent’s circumstances, or circumstances affecting the respondent, since the prohibition order was made or last varied; or

Example of the respondent’s circumstances—

the respondent’s accommodation, employment, health, cultural or social needs

Example of circumstances affecting the respondent—

Under the prohibition order, the respondent is prohibited from going within a stated distance of stated premises and the premises have closed down since the prohibition order was made.

(b)it is appropriate on compassionate grounds, including having regard to the respondent’s culturally specific needs.

Examples—

•to visit a relative who is seriously ill

•to attend a relative’s funeral

(4)In deciding the application, the court must have regard to—

(a)the matters mentioned in sections 13C and 13D, to the extent the magistrate or court that made the offender prohibition order was required to have regard to those matters; and

(b)any changes in the respondent’s circumstances since the offender prohibition order was made or last varied.

(5)A variation takes effect—

(a)if the respondent is present in court when the variation is made—when it is made; or

(b)if the respondent is not present in court when the variation is made—when a copy of the order varying the offender prohibition order is served on the respondent under section 13S(2).

(6)A revocation takes effect when it is made.

13R    Explaining and giving notice of offender prohibition order to respondent

(1)Subsection (2) applies if the respondent is present before—

(a)a magistrate when the magistrate makes an offender prohibition order; or

(b)a court when the court makes or varies an offender prohibition order.

(2)The magistrate or court must ensure all reasonable steps are taken to explain to the respondent in language likely to be understood by the respondent—

(a)the respondent’s obligations under the offender prohibition order or variation; and

(b)the consequences that may follow if the respondent fails to comply with the obligations.

(3)Also, subsection (4) applies if the respondent was not a reportable offender immediately before the offender prohibition order was made.

(4)As soon as practicable after the offender prohibition order is made, the police commissioner must give the respondent an initial reporting obligations notice.

(5)Subsection (4) applies despite section 54(4).

(6)Failure to comply with subsection (2) or (4) does not affect the validity of the offender prohibition order.

13S    Giving respondent copy of offender prohibition order dealt with in respondent’s absence

(1)This section applies if a magistrate or court makes, varies or revokes an offender prohibition order in the respondent’s absence.

(2)A police officer must serve the respondent with the documents mentioned in subsections (3) and (4).

Note—

For further provisions about service, see section 13ZL.

(3)In each case, the respondent must be served with a copy of the order making, varying or revoking the offender prohibition order.

(4)Also, if the magistrate or court makes an offender prohibition order, the respondent must be served with—

(a)a notice stating that, if a law of another jurisdiction provides for registration of the offender prohibition order under corresponding provisions, the offender prohibition order may be registered in the other jurisdiction; and

(b)if the respondent was not a reportable offender immediately before the offender prohibition order was made—an initial reporting obligations notice in relation to the respondent as a reportable offender.

(5)Also, for a child respondent, the police commissioner must, as soon as practicable after the magistrate or court makes, varies or revokes the offender prohibition order, give a copy of the court’s or magistrate’s order to—

(a)the chief executive (child safety), if the offender prohibition order is likely to result in the child respondent needing to change the child respondent’s place of residence; and

(b)a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.

(6)Failure to comply with any of subsections (2) to (5) does not affect the validity of the offender prohibition order.

(7)In this section—

corresponding provisions means provisions corresponding to division 2.

13T    Making disqualification order instead of temporary order

(1)This section applies if—

(a)a magistrate hearing an application for a temporary order (the relevant application) for a person decides not to make the temporary order; or

(b)a court hearing an application for an offender prohibition order (also the relevant application) for a person—

(i)has not made a final order for the person; and

(ii)decides not to make a temporary order for the person under section 13K.

(2)The magistrate or court must consider whether to make an order (disqualification order) in relation to the person stating the person may not—

(a)hold a working with children authority; or

(b)make a working with children check application.

(3)However, the magistrate or court may make the disqualification order only if the magistrate or court considers it would not be in the interests of children for the chief executive (justice) to issue a working with children authority to the person.

(4)The following provisions apply to the making of the disqualification order—

(a)if the relevant application is made under section 13I—section 13J(3) to (7);

(b)if the relevant application is made under section 13K—section 13K(4) and (5).

(5)The provisions mentioned in subsection (4) apply for that subsection as if—

(a)a reference in the provisions to the respondent were a reference to the person; and

(b)a reference in the provisions to a temporary order were a reference to the disqualification order.

(6)If the magistrate or court makes the disqualification order in the person’s absence, a police officer must serve the person with a copy of the disqualification order.

13U    Term of disqualification order

(1)A disqualification order takes effect—

(a)if the person who is subject to the disqualification order is present before the magistrate or court when the disqualification order is made—when it is made; or

(b)if the person who is subject to the disqualification order is not present before the magistrate or court when the disqualification order is made—when a copy of the disqualification order is served on the person under section 13T(6).

(2)The disqualification order remains in force until whichever of the following happens first—

(a)if the disqualification order is made by a magistrate hearing an application for a temporary order under section 13J—a proceeding for a final order is not started by the return date and time fixed by the magistrate under section 13J(5);

(b)the application for the final order is next mentioned in a court and the court does not extend the term of the disqualification order under section 13V;

(c)the prescribed period ends;

(d)a court decides the application for the final order;

(e)the police commissioner discontinues the application for the final order;

(f)the disqualification order is revoked under section 13W.

(3)In this section—

final order means a final order for the person.

prescribed period means—

(a)the period for which the disqualification order is extended under section 13V; or

(b)otherwise—28 days.

13V    Extending disqualification order if application for final order adjourned

Section 13N applies in relation to a disqualification order as if—

(a)a reference in the section to a temporary order were a reference to the disqualification order; and

(b)a reference in the section to the respondent were a reference to the person who is subject to the disqualification order.

13W    Revoking disqualification order

(1)A person who is subject to a disqualification order may apply to the court under the relevant rules of court for revocation of the disqualification order.

(2)However, other than in relation to a disqualification order made in the person’s absence, the person may only make an application under subsection (1) with the court’s leave.

(3)The court may grant the leave if satisfied it is in the interests of justice to do so.

(4)In deciding the application, the court must have regard to whether it would be in the best interests of children for the chief executive (justice) to issue a working with children authority to the person.

(5)A revocation takes effect when it is made.

13X    Costs

A court must not award costs on an application for an offender prohibition order or for a variation or revocation of an offender prohibition order unless the court dismisses the application as frivolous or vexatious or another abuse of process.

Division 2 Corresponding orders

13Y    Application for registration of corresponding order in Queensland

The police commissioner may apply in the approved form to the registrar of a Magistrates Court (the registrar) for the registration of a corresponding order.

13Z    Registration of corresponding order

(1)This section applies if the registrar is satisfied—

(a)the corresponding order is in force; and

(b)the corresponding order was served on the person against whom it was made under the law of the jurisdiction where the corresponding order was made.

(2)Subject to subsections (3) and (10), the registrar must register the corresponding order.

(3)The registrar must refer the corresponding order to the court for adaptation or modification for its effective operation in the State if—

(a)the registrar believes it is necessary to do so; or

(b)the police commissioner asks the registrar to do so.

(4)If the corresponding order is referred to the court, a police officer must serve a copy of the application for registration of the corresponding order and an appearance notice on the respondent.

(5)The application may be heard in the respondent’s absence if the court is satisfied a copy of the application and an appearance notice were served on the respondent under subsection (4).

(6)However, the court may, at any time before deciding the application, direct the police commissioner to give a further appearance notice to the respondent.

(7)Section 13O applies to the hearing for the variation of the corresponding order as if the hearing were a hearing for an offender prohibition order.

(8)The court may vary the corresponding order for the purposes of its registration by adapting or modifying it in a way the court considers necessary or desirable for its effective operation in the State.

(9)For varying the corresponding order as mentioned in subsection (8), the court must consider—

(a)anything that may be considered under sections 13C and 13D on an application for a prohibition order under section 13C; and

(b)any changes in the respondent’s circumstances since the corresponding order was made.

(10)The registrar must register the corresponding order as varied by the court.

(11)A registered corresponding order is registered for the period during which the corresponding order, as originally made, is in force.

(12)A regulation may—

(a)prescribe the way the registrar is to register a corresponding order or a varied corresponding order; and

(b)provide for the keeping of the register and access to it.

(13)In this section—

appearance notice means a notice, in the approved form, stating the following in relation to a corresponding order—

(a)that an application for the registration of the corresponding order has been referred to the court;

(b)when and where the application is to be heard;

(c)that the respondent is required to appear at the hearing;

(d)that the court may register the corresponding order, or the corresponding order as varied by the court, in the respondent’s absence if the respondent fails to appear at the hearing.

13ZA    Action by registrar and police commissioner after registration of corresponding order

(1)No later than 2 business days after registering a corresponding order, the registrar must give the police commissioner a certificate of the registration with a copy of the registered corresponding order attached.

(2)The registrar may not ask the police commissioner for any fee, or reimbursement for any expenses incurred, under this division.

(3)After receiving a copy of the registered corresponding order, the police commissioner must serve on the respondent—

(a)a copy of the registered corresponding order; and

(b)if the respondent for the registered corresponding order was not a reportable offender immediately before its registration—an initial reporting obligations notice in relation to the respondent as a reportable offender.

Note—

Under section 13ZB(1)(a), the registered corresponding order has the same effect as a prohibition order made under this part.

(4)Also, for a child respondent, the police commissioner must, as soon as practicable after receiving a copy of the registered corresponding order, give a copy of the registered corresponding order to—

(a)the chief executive (child safety), if the registered corresponding order is likely to result in the respondent needing to change the respondent’s place of residence; and

(b)a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.

(5)Failure to comply with subsection (3) or (4) does not affect the validity of the registration of the corresponding order.

13ZB    Effect of registration of corresponding order

(1)A registered corresponding order—

(a)has the same effect as a prohibition order made under this part; and

(b)may be enforced against the respondent as if it were a prohibition order made under this part.

(2)Subsection (1) has effect even if the corresponding order was registered in the respondent’s absence.

(3)Subsection (4) applies if the corresponding order was varied under section 13Z(8) in the respondent’s absence, and the respondent has not been notified of the variation.

(4)Despite subsection (2), until the respondent is notified of the variation, the registered corresponding order has effect and is enforceable against the respondent as if it had not been varied.

13ZC    Varying registered corresponding order

(1)The police commissioner, or the respondent, may apply to the court under the relevant rules of court for a variation of a registered corresponding order.

(2)In deciding the application, the court must consider—

(a)anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C; and

(b)any changes in the respondent’s circumstances since the registered corresponding order was registered or last varied.

(3)Also, section 13Q(2), (3) and (5) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.

13ZD    Cancelling registration of registered corresponding order

(1)The police commissioner, or the respondent, may apply to the court for an order cancelling the registration of a registered corresponding order.

(2)In deciding the application, the court must consider—

(a)anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C; and

(b)any changes in the respondent’s circumstances since the registered corresponding order was registered.

(3)Also, section 13Q(2) and (3) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.

(4)If the court cancels the registration of the registered corresponding order, the corresponding order, or the corresponding order as varied under this part, stops having effect in Queensland.

Division 3 [Repealed]

13ZE    [Repealed]

13ZF    [Repealed]

Division 4 Appeals

13ZG    Who may appeal

The police commissioner, or the respondent for an offender prohibition order or registered corresponding order (the relevant order), may appeal to the following entity (the appeal court) against a decision made by a court under this part (the relevant decision) in relation to the relevant order—

(a)for a child respondent—a Childrens Court constituted by a Childrens Court judge;

(b)otherwise—the District Court.

13ZH    Starting appeal

(1)The appeal must be started within 28 days (the appeal period) after—

(a)the day the relevant decision is made; or

(b)if the relevant decision was made in the absence of the respondent for the relevant order—the day on which a copy of the order resulting from the relevant decision is served on the respondent for the relevant order.

(2)On application, the appeal court may extend the appeal period.

(3)The appeal must be started by filing a notice of appeal in writing with the registrar of the appeal court.

(4)If it appears to the appeal court that it is not reasonably practicable to serve a copy of the notice of appeal on the respondent to the appeal, the appeal court may make an order substituting another way of serving the notice of appeal.

(5)The appeal must be heard in the presence of only—

(a)the appellant; and

(b)the respondent; and

(c)any witness the appeal court allows for the proceeding; and

(d)anyone else the appeal court considers appropriate to be present and allows to be present; and

Examples—

•a parent of a child respondent

•another person who is able to provide cultural or emotional support for the respondent or a witness

•a person conducting relevant academic or scientific research

(e)a lawyer representing anyone mentioned in paragraph (a), (b) or (c).

13ZI    Nature of appeal

(1)The appeal is by way of rehearing and, subject to section 13ZH, under the Uniform Civil Procedure Rules 1999 or, to the extent the rules can not be applied to the appeal, in accordance with directions given by a judge of—

(a)for a child respondent—the Childrens Court; or

(b)otherwise—the District Court.

(2)Despite subsection (1), further evidence may not be admitted on the appeal.

(3)An appeal against a relevant decision does not stay the operation of the relevant order, unless the appeal court orders otherwise.

13ZJ    Powers on appeal

(1)The appeal court may, on an appeal against a relevant decision about an offender prohibition order—

(a)make, vary or revoke the offender prohibition order, as it considers appropriate; or

(b)make another order or decision it considers should have been made.

(2)The appeal court may, on an appeal against a relevant decision about a registered corresponding order—

(a)register, or revoke the registration of, the corresponding order or a variation of it; or

(b)make another order or decision it considers should have been made.

(3)An order or decision made under subsection (1)(b) or (2)(b) takes effect from when it is made.

13ZK    Court may not award costs unless application is frivolous or vexatious or another abuse of process

An appeal court must not award costs on an appeal under this division unless the appeal court dismisses the application as frivolous or vexatious or another abuse of process.

Division 5 Miscellaneous

13ZL    Service of documents

(1)This section applies if a provision of this part requires a police officer, including the police commissioner, to serve a document on a respondent for—

(a)a proposed offender prohibition order; or

(b)an offender prohibition order; or

(c)a corresponding order; or

(d)a registered corresponding order.

(2)This section also applies for the purpose of service of notice on a respondent in relation to an application for a temporary order if notice is given.

(3)The document must be served personally on the respondent.

(4)However, if, despite making reasonable attempts, a police officer is unable to personally serve a document on the respondent, the police commissioner may apply to the court to authorise substituted service under subsection (5).

(5)If it appears to the court that it is not reasonably practicable to serve the document personally on the respondent, the court may authorise another way of serving it (substituted service).

Example—

by personal service of the document on a relative, guardian or other person with whom the respondent is known to associate

(6)When serving an appearance notice personally on the respondent, the police officer must explain the contents of the appearance notice to the respondent in language likely to be understood by the respondent, having regard, for example, to the respondent’s age and cultural, educational and social background.

(7)A document that is to be served personally on a child respondent—

(a)must be served on the child respondent as discreetly as possible; and

(b)must not be served on the child respondent at or in the vicinity of the child respondent’s place of employment or school, unless there is no other place where the document may reasonably be served on the child respondent.

13ZM    No filing fee is payable

A fee is not payable for making an application, or filing another document, under this part.

13ZN   Approval of forms

The police commissioner may approve forms for use under this part.

Part 4    Reporting obligations

Division 1 Initial report

14   When reportable offender must make initial report

(1)This section applies to a reportable offender mentioned in schedule 3, column 1.

(2)If the police commissioner gives the reportable offender an initial reporting obligations notice, the offender must make a report (the initial report) of the offender’s personal details to the commissioner when the offender receives the notice.

(3)However, if it is not reasonably practicable for the reportable offender to make the initial report when the offender receives the notice, the offender must make the initial report—

(a)within 7 days after the day the offender receives the notice; or

(b)if the offender intends to leave Queensland before the end of 7 days after the offender receives the notice—before the offender leaves Queensland.

(4)If the police commissioner does not give the reportable offender an initial reporting obligations notice, the offender must make the offender’s initial report to the commissioner—

(a)within the period stated for the offender in schedule 3, column 2; or

(b)if more than 1 circumstance mentioned in schedule 3, column 1 applies to the offender—within the shorter of the applicable periods stated for the offender in schedule 3, column 2; or

(c)if the offender intends to leave Queensland before the end of the period stated for the offender in schedule 3, column 2—before the offender leaves Queensland.

(5)However, subsection (4)(c) does not apply to an offender who enters Queensland from a foreign jurisdiction and remains for less than 7 consecutive days.

(6)Also, if—

(a)a reportable offender’s reporting period for a reportable offence ends; and

(b)the offender is later sentenced for another reportable offence when the offender is not in Queensland;

the offender must make the offender’s initial report to the police commissioner within 7 days after entering and remaining in Queensland for 7 or more consecutive days.

(7)The 7 or more consecutive days does not include any day the reportable offender spends in government detention.

15   Request for and provision of personal details by corrective services

(1)This section applies if a reportable offender is in government detention in Queensland.

(2)The chief executive (corrective services) may ask the offender to give the chief executive (corrective services) details of—

(a)the address of the premises where the offender intends to reside when the offender is released; or

(b)if the offender does not intend to reside at particular premises when the offender is released—each locality where the offender intends to generally be found.

(3)The request may be made—

(a)orally or in writing; and

(b)on or before the offender’s release from government detention.

(4)The offender may, but is not required to, comply with the request.

(5)The chief executive (corrective services) may give the police commissioner the following personal details about the offender—

(a)the offender’s name;

(b)the offender’s date of birth;

(c)the address where the offender generally resided before the offender entered government detention.

(d)if the offender complied with a request under subsection (2)—the address or locality given to the chief executive (corrective services) in response to the request.

(6)The details are taken to be the reportable offender’s initial report for the purposes of including the details in the register established under section 68.

(7)Subsection (6) does not affect the reportable offender’s reporting obligations under section 14.

16   Persons required to report under corresponding Act

(1)This section applies to a person (other than a protected witness) who—

(a)is or has been required to report to a corresponding registrar, whether or not the person is a reportable offender under this Act; and

(b)has not previously complied with the obligation imposed by this section.

(2)The person must, within 7 days after entering and remaining in Queensland (not including any day spent in government detention), contact a nominated person—

(a)by telephone; or

(b)in another way prescribed by regulation.

(3)The police commissioner must ensure the nominated person’s contact details are available at any police station.

(4)When contacted, the nominated person must advise the person—

(a)whether the person is a reportable offender under this Act; and

(b)about any reporting obligations the person has under this Act.

(5)A person is not guilty of an offence against section 50 because of a failure to comply with subsection (2) if the person—

(a)is not a reportable offender under this Act; or

(b)could not reasonably have been expected to have known that the person was required to report under this Act; or

(c)does not remain in Queensland for 7 or more consecutive days, not counting any day spent in government detention; or

(d)makes an initial report under section 14.

(6)In this section—

nominated person means a person nominated by the police commissioner for this section.

Division 2 Ongoing reporting obligations

Subdivision 1 Preliminary

17   Application of div 2

This division applies to a reportable offender who has made an initial report.

Subdivision 2 Periodic reporting

18   Requirement to make periodic reports

(1)A reportable offender must periodically make reports (each a periodic report) of the offender’s personal details to the police commissioner until the offender’s reporting period ends.

(2)However, a reportable offender whose reporting obligations are suspended under section 4 or division 4, 6 or 10 is not required to make periodic reports while the suspension is in force.

(3)A periodic report includes a report that simply confirms that the reportable offender’s personal details stated in the last report previously made by the offender—

(a)are correct; and

(b)have not changed since the offender made the last report.

19   When periodic reports must be made

(1)A reportable offender must make a periodic report in each reporting month, starting in the first reporting month after the offender makes the offender’s initial report.

(2)However, the police commissioner may at any time require the reportable offender to make periodic reports more frequently, if the commissioner is reasonably satisfied more frequent periodic reporting is necessary to protect the lives or sexual safety of children.

(3)If the police commissioner decides to require the reportable offender to make periodic reports more frequently, the commissioner must, as soon as reasonably practicable, give the offender a reporting obligations notice stating when the offender is required to make periodic reports.

Subdivision 3 Reporting change in personal details

19A   Reporting changes in personal details

(1)A reportable offender must report any change in the offender’s personal details to the police commissioner—

(a)for a change relating to reportable contact between the offender and a child—within 24 hours after the change happens; or

(aa)if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the change relates to any premises where the offender generally resides, or a locality where the offender can generally be found—within 24 hours after the change happens; or

(b)for a change relating to the reportable offender being in government detention for at least 7 consecutive days—

(i)within 7 days after the offender stops being in government detention; or

(ii)if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i)—before the offender leaves Queensland; or

(c)for any other change—

(i)within 7 days after the change happens; or

(ii)if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i)—before the offender leaves Queensland.

(2)However, if a reportable offender (other than a protected witness) is not in Queensland when the change in the offender’s personal details happens, the offender must report the change within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention.

Note—

For the suspension of reporting obligations while a reportable offender (other than a protected witness) is not in Queensland, see section 34.

(3)Also, if a reportable offender made a statement to the police commissioner under section 20(2)(e), the offender is not required to report a change in the offender’s personal details unless—

(a)the offender returns to Queensland and is required to make a report under section 22(2); or

(b)the offender decides not to leave Queensland and is required to make a report under section 22(4).

(4)The obligation on a reportable offender under this section applies in addition to any other reporting obligation imposed on the offender under this part.

(5)In this section—

change, in relation to a reportable offender’s personal details, includes any of the personal details no longer applying to the offender.

Example—

A reportable offender has advised the police commissioner of the details of a car the offender bought. The sale of the car is a change in the offender’s personal details that must be reported to the police commissioner.

19B    Requirement to report each change in premises or locality at which offender stays or can be found

(1)The police commissioner may require a reportable offender to report the changes in the offender’s personal details mentioned in subsection (3) if the commissioner is reasonably satisfied that doing so is necessary to protect the lives or sexual safety of children.

(2)The police commissioner imposes the requirement under subsection (1) on the offender by giving the offender a reporting obligations notice under section 54A(3) stating that the offender is required to report the changes.

(3)The reportable offender must report each change in the premises where the offender stays, or locality where the offender can generally be found—

(a)during each period of 3 or more consecutive days in which—

(i)the offender does not stay at the premises where the offender generally resides; or

(ii)the offender does not generally reside at any premises; and

(b)within 24 hours after the change happens.

Subdivision 4 Other reporting

20   Intended absence from Queensland to be reported

(1)This section applies if a reportable offender—

(a)intends to leave Queensland for 48 or more consecutive hours to travel elsewhere in Australia; or

Note—

If a reportable offender intends to leave Queensland to travel elsewhere in Australia on an average of at least once a month, irrespective of the length of the absence, see section 23.

(b)intends to leave Queensland to travel out of Australia.

(2)At least 7 days before leaving Queensland, the reportable offender must report the intended travel to the police commissioner and must give details of—

(aa)any child the reportable offender—

(i)intends to leave Queensland with; or

(ii)intends to have reportable contact with while out of Queensland; and

(a)each State, Territory or country to which the offender intends to go while out of Queensland; and

(b)the approximate dates during which the offender intends to be in each of those States, Territories or countries; and

(c)each address or location within each State, Territory or country at which the offender intends to reside (to the extent that they are known) and the approximate dates during which the offender intends to reside at those addresses or locations; and

(d)if the offender intends to return to Queensland, the approximate date on which the offender intends to return; and

(e)if the offender does not intend to return to Queensland, a statement of that intention.

(3)If circumstances arise making it impracticable for a reportable offender to make the report 7 days before the offender leaves, it is sufficient compliance with subsection (2) if the offender reports the required information to the police commissioner at least 24 hours before the intended travel.

21   Change of travel plans while out of Queensland to be given

(1)This section applies if a reportable offender who is out of Queensland decides—

(a)to extend a stay elsewhere in Australia beyond 48 hours; or

(b)to change any details given to the police commissioner under section 20.

(2)Within 48 hours after making the decision, the reportable offender must—

(a)if subsection (1)(a) applies—report the details required by section 20(2) to the police commissioner (including those details as they relate to the travel that has already been completed); or

(b)if subsection (1)(b) applies—report the changed details to the police commissioner.

(3)The reportable offender must make the report in a way allowed under a regulation.

22   Reportable offender to report return to Queensland or decision not to leave

(1)This section applies if a reportable offender was required to report that the offender intended to leave Queensland under section 20.

(2)If the reportable offender left Queensland, the offender must report the offender’s return to Queensland to the police commissioner within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention.

(3)A report made under subsection (2) in relation to travel out of Australia must be accompanied by a copy of the reportable offender’s passport and travel documents verifying or supporting details in the report.

(4)If the reportable offender decides not to leave Queensland, the offender must report the offender’s change of intention to the police commissioner within 48 hours after deciding not to leave.

23   Report of recurring absences from Queensland

(1)This section applies if a reportable offender leaves, or intends to leave, Queensland to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of the absence).

(2)The reportable offender must make a report to the police commissioner stating—

(a)in general terms—

(i)the expected frequency of the offender’s travel; and

(ii)the offender’s travel destinations; and

(iii)the offender’s reasons for travelling to the destinations with the expected frequency; and

(b)whether the offender expects to travel with a child or have reportable contact with a child while travelling.

(3)The reportable offender must make the report within 7 days before, but not less than 24 hours before, the offender first travels.

Note—

The reportable offender is not required to make another report under this section unless the information that is required to be reported under subsection (2) changes, including, for example, the travel destination.

(4)The reportable offender must report any change in the information to the police commissioner—

(a)for a change in the information mentioned in subsection (2)(a)—

(i)if the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or

(ii)otherwise—within 7 days after the change happens; or

(b)for a change relating to travel with a child or reportable contact the offender has had, or expects to have, with a child—within 24 hours after the change happens.

24   Information about international travel to be given to Commonwealth agencies

As soon as practicable after receiving a report under section 20, 21 or 22 about a reportable offender’s intentions in relation to travel out of Australia, the police commissioner must ensure that a copy of the report is given to—

(a)the Australian Border Force Commissioner; and

(b)the secretary of the home affairs department; and

(c)the commissioner of the Australian Federal Police.

Division 3 Other provisions applying to reporting obligations

25   Initial report must be made in person

(1)A reportable offender must make the offender’s initial report—

(a)in person; and

(b)at the police station or other place stated for making the report in a reporting obligations notice given to the offender.

(2)A police officer, or another person approved by the police commissioner, may receive a reportable offender’s initial report.

26   How other reports must be made

(1)A reportable offender must make a report the offender is required to make under this part, other than the offender’s initial report—

(a)if a reporting obligations notice given to the offender states a way in which the report must be made—in the stated way; or

(b)otherwise—

(i)in a way in which the report may be made stated in a reporting obligations notice given to the offender; or

(ii)in a way allowed under a regulation.

(2)If, under subsection (1)(a), a reportable offender is required to make a report in person, the offender must make the report at the place stated in a reporting obligations notice given to the offender as the place where the report must be made.

Note—

The place stated in the reporting obligations notice may be a police station.

(3)A police officer, or another person approved by the police commissioner, may receive a report made by a reportable offender.

26A   Reportable offender with disability may be assisted to make report

(1)This section applies if—

(a)a reportable offender is a person with disability; and

(b)because of the offender’s disability, it is impracticable for the offender to make a report the offender is required to make under this part.

(2)A parent, guardian or carer of the reportable offender, or another person nominated by the offender, may—

(a)if the offender is required to make the report in person—accompany the offender to the place where the offender is required to make the report; and

(b)make the report on the offender’s behalf.

27   Right to privacy and support when reporting

(1)A person making a report under this part at a police station or a place approved by the police commissioner—

(a)is entitled to make the report out of the hearing of members of the public; and

(b)is entitled to be accompanied by a support person of the person’s own choosing.

(2)Subsection (3) applies if a police officer or other person receiving the report is aware the person making the report—

(a)has special needs; and

(b)because of the special needs, needs to be accompanied by an adult support person when making the report.

(3)If it is not practicable for the person to be accompanied by an adult support person of the person’s own choice, the police officer or person receiving the report must arrange, if practicable, for an adult support person to be present when the person is making the report.

(4)A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this part.

(5)A police officer or other person receiving a report under this part must not allow a support person or interpreter to be present when a person is making the report unless the support person or interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.

(6)In this section—

special needs, of a person, means the person’s needs by taking into account—

(a)the person’s age, gender or cultural background; and

(b)any disability the person has.

28   Receipt of information to be acknowledged

(1)As soon as practicable after receiving a report under this part, the police officer or other person receiving the report must acknowledge the making of the report.

(2)The acknowledgement—

(a)must be in writing; and

(b)must be given to the person who made the report; and

(c)must include—

(i)the date and time when, and the place where, the report was received; and

(ii)a copy of the information that was reported; and

(iii)a copy of the record of any agreement made under subsection (4).

(3)If a report is not made in person, the police officer or other person who received the report must as soon as practicable—

(a)give the person making the report a unique reference number; and

(b)record that number on the relevant reportable offender’s file and on the acknowledgement.

(4)The police commissioner may make an agreement with the reportable offender about the way in which a reference number or acknowledgement required to be given by this section may be given.

(5)The police commissioner must ensure—

(a)that there is a method of recording an agreement made under subsection (4); and

(b)that, except with the reportable offender’s written consent, a reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.

(6)The police commissioner must ensure that a copy of every acknowledgement is kept.

29   Additional matters to be given

(1)If a report is required to be made in person, the person making the report must also—

(a)if the person is the reportable offender—

(i)present for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and

(ii)provide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or

(b)if the person is not the reportable offender—present for inspection the person’s driver licence (if any) or another form of identification specified by a regulation for the purposes of this section.

•section 272.14 (Procuring child to engage in sexual activity outside Australia)

•section 272.15 (“Grooming” child to engage in sexual activity outside Australia)

•section 272.15A (“Grooming” person to make it easier to engage in sexual activity with a child outside Australia)

•section 272.18 (Benefiting from offence against this Division)

•section 272.19 (Encouraging offence against this Division)

•section 272.20 (Preparing for or planning offence against this Division)

•section 273.5 (Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia)

•section 273.6 (Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia)

•section 273.7 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 273A.1 (Possession of child-like sex dolls etc.)

•section 471.16 (Using a postal or similar service for child pornography material)

•section 471.17 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service)

•section 471.19 (Using a postal or similar service for child abuse material)

•section 471.20 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service)

•section 471.22 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 471.24 (Using a postal or similar service to procure persons under 16)

•section 471.25 (Using a postal or similar service to “groom” persons under 16)

•section 471.25A (Using a postal or similar service to “groom” another person to make it easier to procure persons under 16)

•section 471.26 (Using a postal or similar service to send indecent material to person under 16)

•section 474.19 (Using a carriage service for child pornography material)

•section 474.20 (Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service)

•section 474.22 (Using a carriage service for child abuse material)

•section 474.22A (Possessing or controlling child abuse material obtained or accessed using a carriage service)

•section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service)

•section 474.23A (Conduct for the purposes of electronic service used for child abuse material)

•section 474.24A (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 474.25A (Using a carriage service for sexual activity with person under 16 years of age)

•section 474.25B (Aggravated offence—child with mental impairment or under care, supervision or authority of defendant)

•section 474.25C (Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16)

•section 474.26 (Using a carriage service to procure persons under 16 years of age)

•section 474.27 (Using a carriage service to “groom” persons under 16 years of age)

•section 474.27AA (Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age)

•section 474.27A (Using a carriage service to transmit indecent communication to person under 16 years of age).

7An offence against any of the following provisions of the Crimes Act 1914 (Cwlth), as in force from time to time before being repealed by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)—

•section 50BA (Sexual intercourse with child under 16)

•section 50BB (Inducing child under 16 to engage in sexual intercourse)

•section 50BC (Sexual conduct involving child under 16)

•section 50BD (Inducing child under 16 to be involved in sexual conduct)

•section 50DA (Benefiting from offence against this Part)

•section 50DB (Encouraging offence against this Part).

8An offence against the Customs Act 1901 (Cwlth), section 233BAB (Special offence relating to tier 2 goods) that involves child pornography or child abuse material.

9Any of the following offences—

(a)an offence against any of the following provisions of the Criminal Code—

•section 216 (Abuse of persons with an impairment of the mind)

•section 217 (Procuring young person etc. for penile intercourse)

•section 217A (Obtaining commercial sexual services from person who is not an adult)

•section 217B (Allowing person who is not an adult to take part in commercial sexual services)

•section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

•section 218 (Procuring sexual acts by coercion etc.)

•section 221 (Conspiracy to defile)

•section 222 (Incest)

•section 228 (Obscene publications and exhibitions)

•section 300 (Unlawful homicide) in circumstances that amount to murder

•section 349 (Rape)

•section 350 (Attempt to commit rape)

•section 351 (Assault with intent to commit rape)

•section 352 (Sexual assaults);

(b)an offence against the Criminal Code, section 220 (Unlawful Detention with Intent to Defile or in a Brothel), as in force from time to time before being repealed by The Criminal Code, Evidence Act and Other Acts Amendment Act 1989;

(c)an offence against either of the following provisions of the Criminal Code, as in force from time to time before being repealed by the Criminal Law Amendment Act 1997—

•section 223 (Incest by adult female)

•section 344 (Aggravated assaults), if the offence was of a sexual nature as defined by the Criminal Law Amendment Act 1945, section 2A;

(d)an offence against either of the following provisions of the Criminal Code (Cwlth), as in force from time to time before being amended by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013—

•section 270.6 (Sexual servitude offences)

•section 270.7 (Deceptive recruiting for sexual services);

(e)an offence against the Criminal Code, section 337 (Sexual assaults), as in force from time to time before being repealed by the Criminal Law Amendment Act 2000;

(f)an offence against any of the following provisions the Criminal Code, as in force from time to time before being repealed by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024—

•section 229G (Procuring engagement in prostitution)

•section 229H (Knowingly participating in provision of prostitution)

•section 229I (Persons found in places reasonably suspected of being used for prostitution etc.)

•section 229L (Permitting young person etc. to be at place used for prostitution);

(g)an offence under a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence of a kind listed in this schedule;

(h)an offence under a law of a foreign jurisdiction that is stated in a regulation to be a prescribed offence;

(i)an offence that has, as an element, an intention to commit an offence of a kind listed in this schedule;

(j)an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind listed in this schedule.

10An offence that, at the time it was committed, was a class 1 offence or a class 2 offence within the meaning of this Act as in force immediately before the commencement of the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014.

Schedule 2 Personal details for reportable offenders

section 10A

1The reportable offender’s—

(a)name; and

(b)if the offender is, or has previously been, known by another name—

(i)each other name; and

(ii)the period during which the offender was known by each other name.

2The reportable offender’s date and place of birth.

3Details of any tattoos or permanent distinguishing marks that the reportable offender has, including details of any tattoo or mark that has been removed or changed.

4Details of—

(a)any premises where the reportable offender generally resides; or

(b)if the offender does not generally reside at particular premises—each locality where the offender can generally be found.

5If, since a reportable offender last reported the offender’s personal details under this Act, the offender has stopped generally residing at particular premises and has not started generally residing at other premises—

(a)a statement that the offender has stopped generally residing at the particular premises; and

(b)details of each locality where the offender can generally be found.

6The following details, if known to the offender, for any child with whom the reportable offender has reportable contact—

(a)the child’s name and address;

(b)the child’s age and date of birth;

(c)the nature of the reportable contact;

(d)any telephone contact number for the child;

(e)any email address belonging to the child or to which the child has access.

7If the reportable offender is employed—

(a)the nature of the employment; and

(b)if the offender is employed by an employer—the name of the employer; and

(c)the address or locality of each of the offender’s usual places of employment.

8Details of any club or organisation of which the reportable offender is an associate, employee, member, official or subordinate that—

(a)has child members; or

(b)organises, supports or undertakes activities in which children participate; or

(c)directly supports the function or operation of a club or organisation of a type mentioned in paragraph (a) or (b).

9The make, model, colour and registration number of the following vehicles—

(a)any vehicle that the reportable offender—

(i)owns; or

(ii)has driven on at least 7 days within a 1-year period, whether or not the days are consecutive;

(b)any caravan or trailer—

(i)that the reportable offender generally resides in; or

(ii)that was attached to a vehicle driven by the reportable offender, if the offender has driven the vehicle on at least 7 days within a 1-year period, whether or not the days are consecutive.

10Whether the reportable offender has ever been—

(a)subject to a corresponding offender reporting order; and

(b)if so, where and when the order was made.

11Whether the reportable offender has ever been—

(a)convicted in a foreign jurisdiction of a reportable offence, or an offence that required the offender to report to a corresponding registrar; and

(b)if so, where and when the finding was made.

12If the reportable offender has been in government detention since the offender was sentenced or was released from government detention for a reportable offence or corresponding reportable offence—details of when and where the government detention occurred.

13Details of any of the following used, or intended to be used, by the reportable offender—

(a)a carriage service within the meaning of the Telecommunications Act 1997 (Cwlth), including—

(i)the name of the carriage service provider; and

(ii)any current telephone number for the service;

(b)an internet carriage service within the meaning of the Broadcasting Services Act 1992 (Cwlth), including—

(i)the name of the internet service provider; and

(ii)whether the connection is a wireless, broadband, ADSL or dial-up connection; and

(iii)any current telephone number for the service.

14Details of any social networking site that the reportable offender joins, participates in or contributes to, or with which the offender registers or opens an account, including passwords for the registration or account.

15Details of either of the following used, or intended to be used, by the reportable offender, including passwords—

(a)an email address;

(b)for each account used, or intended to be used, by the offender to communicate through the internet or another electronic communication service—the unique name, number or other identifier used by an internet-based application or the electronic communication service to identify the user’s account with the application or service.

Examples of accounts used to communicate through the internet or another electronic communication service—

an instant messaging service, a chat room, a social networking site

15ADetails of each digital device in the reportable offender’s possession, or that the offender has access to, including details of each software application stored on the device, or that can be accessed using the device, that is designed or used to hide—

(a)the identity or location of a person who administers, accesses or uses a network, computer, the device or another digital device; or

(b)information stored on a network, computer, the device or another digital device, including, for example, photographs, username and password combinations, and other software applications; or

(c)communication, including the exchange of information, between 2 or more persons using a network, computer, the device or another digital device; or

(d)the location of a network, computer, the device or another digital device.

Examples of software applications—

a password manager, a hidden digital vault, a virtual environment, software that encrypts, or encrypts and hides, information

16The passport number and country of issue of each passport held by the reportable offender.

17For a reportable offender who is making the offender’s initial report and intends to travel outside Queensland, but within Australia, on an average of at least once a month (irrespective of the length of the period of travel)—

(a)the reason for travelling, in general terms; and

(b)the frequency and destinations of the travel, in general terms.

Schedule 3 When reportable offender must make initial report

section 14

Column 1 Reportable offender	Column 2 Period within which initial report must be made
A reportable offender who is sentenced for a reportable offence in Queensland	Whichever of the following periods ends later— (a)  7 days after the reportable offender is sentenced for the reportable offence; or (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A reportable offender who is a post-DPSOA reportable offender	24 hours after the reportable offender becomes a post-DPSOA reportable offender
A reportable offender (other than a corresponding reportable offender) who is subject to an offender reporting order	Whichever of the following periods ends later— (a)  7 days after the offender reporting order is made; or (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A reportable offender (other than a corresponding reportable offender) who is released from government detention in Queensland	7 days after the reportable offender is released from government detention
A reportable offender who— (a)  enters Queensland from a foreign jurisdiction; and (b)  has not previously been required to report the offender’s personal details to the police commissioner	7 days after entering and remaining in Queensland for 7 or more consecutive days, not counting any day spent in government detention
A reportable offender— (a)  for whom a reporting period ends; and (b)  who is then sentenced for another reportable offence	Whichever of the following periods ends later— (a)  7 days after the reportable offender is sentenced for the other reportable offence; (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A reportable offender who is a corresponding reportable offender who under section 39H must comply with the reporting obligations imposed by part 4	Whichever of the following periods ends later— (a)  7 days after the reportable offender becomes a corresponding reportable offender; (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A reportable offender— (a)  for whom reporting obligations are suspended by an order under section 42, or an equivalent order made in a foreign jurisdiction; and (b)  for whom the order stops having effect under section 48, or an equivalent provision of the laws of a foreign jurisdiction	Whichever of the following periods ends later— (a)  7 days after the order stops having effect; (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A corresponding reportable offender who— (a)  has not previously been required to report the offender’s personal details to the police commissioner; and (b)  is in Queensland on the day when the person becomes a corresponding reportable offender	Whichever of the following periods ends later— (a)  7 days after the reportable offender becomes a corresponding reportable offender; (b)  if the reportable offender is in government detention—7 days after the offender stops being in detention
A reportable offender who is taken to be a reportable offender when a court makes an offender prohibition order	7 days after the offender prohibition order is made

Schedule 4 Decisions subject to review

section 67G

Provision of Act	Description of decision
section 19(2)	decision of police commissioner to require reportable offender to make periodic reports more frequently than in each reporting month
section 19B(1)	decision of police commissioner to require reportable offender to report each change in the premises where the offender stays, or locality where the offender can generally be found
section 67D(4)	decision of police commissioner to refuse to suspend a reportable offender’s reporting obligations
section 67F(1)	decision of police commissioner to revoke a suspension of a reportable offender’s reporting obligations
section 68(2)(f)	decision of police commissioner to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence

Schedule 5 Dictionary

section 12

adult respondent means a respondent who is not a child respondent.

annual report ...

appeal court, for part 3A, division 4, see section 13ZG.

appearance notice, for a proceeding for an offender prohibition order, means a notice in the approved form stating the following in relation to the order—

(a)that an application for the order will be made against the respondent;

(b)when and where the application is to be heard;

(c)that the respondent is required to appear at the hearing to be heard on the application;

(d)that the court may make the order in the respondent’s absence if the respondent fails to appear at the hearing;

(e)that on the making of the order—

(i)the respondent becomes a reportable offender; and

(ii)the respondent is prohibited from making a working with children check application; and

(iii)any working with children authority or working with children card held by the respondent is—

(A)if the order is a temporary order—suspended; or

(B)if the order is a final order—cancelled;

(f)that the order may be registered in a jurisdiction other than Queensland, including a jurisdiction outside Australia, if a law of the other jurisdiction provides for the registration.

application documents, for an offender prohibition order, see section 13B(3).

approved form means a form approved under section 13ZN.

Australian Border Force Commissioner means the Australian Border Force Commissioner under the Australian Border Force Act 2015 (Cwlth).

Australian Criminal Intelligence Commission means the Australian Criminal Intelligence Commission established under the Australian Crime Commission Act 2002 (Cwlth).

caravan or trailer means a vehicle without a motor—

(a)designed to be attached to, or towed by, another vehicle that is designed to be propelled by a motor; and

(b)whether or not the vehicle is attached to the other vehicle mentioned in paragraph (a).

charge, of an offence, means a charge in any form, including, for example—

(a)a charge on an arrest; and

(b)a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382; and

(c)a complaint under the Justices Act 1886; and

(d)a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act; and

Note—

The Justices Act 1886, section 42 deals with the commencement of proceedings.

(e)an indictment.

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

chief executive (communities) means the chief executive of the department in which the Youth Justice Act 1992 is administered.

chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.

chief executive (education) means the chief executive of the department in which the Education (General Provisions) Act 2006 is administered.

chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered.

child abduction offence means—

(a)an offence against the Criminal Code, section 354 involving the kidnap of a child; or

(b)an offence against the Criminal Code, section 363 or 363A.

child detainee means a child who is detained in a detention centre under the Youth Justice Act 1992.

child respondent means—

(a)for a temporary order—a respondent who is a child when the application for the temporary order is made; or

(b)for a corresponding order or registered corresponding order—a respondent who is a child when the corresponding order is registered under this Act; or

(c)otherwise—a respondent who is a child when the application for the offender prohibition order is made.

class 1 offence ...

class 1 or 2 offence ...

class 2 offence ...

commencement date ...

commencement day means the day the Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023, section 3 commences.

committed against a child includes committed in relation to a child.

conduct includes an act, omission and course of conduct.

conviction see section 10.

corresponding Act means a law of a foreign jurisdiction—

(a)that provides for people who have committed specified offences—

(i)to report, in that jurisdiction, information about themselves; and

(ii)to keep that information current for a specified period; and

(b)that a regulation states is a corresponding Act.

corresponding offender reporting order means an order made under a corresponding Act that falls within a class of order that a regulation states is a corresponding offender reporting order.

corresponding order means an order made under a law of a jurisdiction other than Queensland, including a jurisdiction outside Australia, that closely corresponds to an offender prohibition order.

corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the police commissioner under this Act.

corresponding reportable offence means an offence that is a reportable offence under a corresponding Act, but is not a reportable offence under this Act.

corresponding reportable offence see section 7(2).

corresponding reportable offender see section 7.

court—

(a)for an offender prohibition order for a child respondent—means the Childrens Court constituted by a Childrens Court magistrate; or

(b)for any other offender prohibition order—means a Magistrates Court, other than a Magistrates Court constituted by justices who are not magistrates; or

(c)otherwise, includes a court of a foreign jurisdiction, however described.

criminal history, of a person, means, despite the Criminal Law (Rehabilitation of Offenders) Act 1986, sections 5, 6, 8 and 9—

(a)every conviction of the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement; and

(b)every charge made against the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement—

(i)that has not been withdrawn or discontinued, or dismissed by a court; or

(ii)for which the respondent has not been acquitted or convicted; or

(iii)that has been withdrawn or discontinued because the complainant died or was unable or unwilling to proceed with the matter.

details, of a locality where a reportable offender can generally be found, means a description of, or directions to, a place or area where the offender can generally be found that is sufficiently described to allow a reasonable person to locate the place or area based on the description or directions.

Examples of details of a locality where a reportable offender can generally be found—

•the name and location of a caravan park where the offender can generally be found

•a description of, and directions to, the part of a camping area within a national park where the offender can generally be found

device inspection offence see the Police Powers and Responsibilities Act 2000, section 21B(5).

digital device—

(a)means a device on which information may be stored or accessed electronically by a person using the device; and

(b)includes a computer, memory stick, portable hard drive, smart phone and tablet computer; and

(c)does not include a device if the only information stored on or accessed from the device is stored or accessed automatically when the device is used or operated in the usual way.

Examples for paragraph (c)—

digital scales, a fridge with smart technology

disability has the same meaning as it has in the Disability Services Act 2006, section 11.

disqualification order see section 13T(2).

employer, for a reportable offender, includes a person who—

(a)arranges, in the course of business, for the offender to be employed by another person; or

(b)engages the offender under a contract of employment.

employment, for a reportable offender, includes any of the following activities engaged in, or carried out, by the offender—

(a)working under a contract of employment;

(b)working as a self-employed person or a subcontractor;

(c)working for an organisation as a volunteer;

(d)working as a minister of religion or for a religious organisation in another capacity;

(e)undertaking practical training as part of an educational or vocational course.

exemption notice ...

existing reportable offence see section 9(2).

existing reportable offender see section 6.

final order see section 13H.

finding of guilt ...

fingerprints includes fingerprints taken by a device to obtain a record of the fingerprints.

foreign jurisdiction means a jurisdiction other than Queensland, including jurisdictions outside Australia.

foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses.

forensic order means a following order under the Mental Health Act 2016—

(a)a forensic order (mental health);

(b)a forensic order (disability);

(c)a forensic order (Criminal Code).

forensic patient means a person in relation to whom a forensic order has been made.

forensic reportable offender means a person who is subject to an offender reporting order that was made with a forensic order under the Mental Health Act 2016.

generally reside, for a reportable offender, means reside for at least 7 days, whether consecutive or not, within a 1-year period.

government detention means—

(a)detention, other than under a supervision order, of—

(i)a prisoner under the Corrective Services Act 2006; or

(ii)a child detainee under the Youth Justice Act 1992;

      including if the prisoner or child detainee is on unescorted leave of absence; or

(b)detention under a law of a foreign jurisdiction in the nature of detention mentioned in paragraph (a); or

(c)detention under the Mental Health Act 2016; or

(d)detention under the Migration Act 1958 (Cwlth).

government entity see the Public Sector Act 2022, section 276.

hide, information or a thing, includes—

(a)delete or encrypt the information, or information about the information; and

(b)delete or encrypt information about the thing.

home affairs department means the department of the Commonwealth responsible for administering the Migration Act 1958 (Cwlth).

home detention order ...

imprisonment includes detention under the Youth Justice Act 1992.

initial report see section 14(2).

initial reporting obligations notice see section 54A(1).

intensive correction order means—

(a)an intensive correction order under the Penalties and Sentences Act 1992; or

(b)an intensive supervision order under the Youth Justice Act 1992.

lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 who, under that Act, may engage in legal practice in this State.

magistrate, for a child respondent, means a Childrens Court magistrate.

network—

(a)means a network of computers or other devices, whether or not part of the internet; and

(b)includes part of a network of computers or other devices.

New South Wales Act ...

New South Wales reportable offender ...

offender prohibition order means—

(a)a prohibition order; or

(b)a temporary order.

offender reporting order—

(a)see section 12A; and

(b)includes a corresponding reporting order.

parent, of a person, means a parent or guardian of the person and includes—

(a)for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a parent of the person; or

(b)for a Torres Strait Islander person—a person who, under Island custom, is regarded as a parent of the person;

but does not include an approved carer of the person under the Child Protection Act 1999.

parole order means—

(a)a parole order under the Corrective Services Act 2006; or

(b)any equivalent order made under the laws of a foreign jurisdiction.

periodic report see section 18(1).

personal details, of a reportable offender, see section 10A.

personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information.

police commissioner ...

positive exemption notice ...

positive notice ...

positive notice blue card ...

post-DPSOA reportable offender see section 7A.

post-prison community based release order ...

pre-2005 reporting order means a reporting order made under the Criminal Law Amendment Act 1945, section 19, as in force from time to time before 1 January 2005.

prescribed notice ...

prescribed offence see section 9.

prisoner means a person who is in custody of the chief executive (corrective services), including a person who is subject to a parole order.

prohibition order means an order under section 13C.

protected witness means a reportable offender to whom part 4, division 9 applies.

register means the child protection register established under section 68.

registered corresponding order means a corresponding order registered under section 13Z.

registrar, for part 3A, division 2, see section 13Y.

released from government detention includes discharged from custody.

relevant decision, for part 3A, division 4, see section 13ZG.

relevant order, for part 3A, division 4, see section 13ZG.

relevant sexual offender means a following person who is not subject to a supervision order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 or a forensic order—

(a)a person who is a reportable offender;

(b)a person who would be a reportable offender if the person’s sentence for a reportable offence had not ended before the commencement of section 5;

(c)a person who would be a reportable offender if all the reporting periods for the person had not ended, as mentioned in section 8(d).

repealed Act see section 89.

reportable contact see section 9A.

reportable offence see section 9.

reportable offender see section 5.

reporting month means each of the following—

(a)February;

(b)May;

(c)August;

(d)November.

reporting obligations, in relation to a reportable offender, means the obligations imposed on the offender by part 4.

reporting obligations notice see section 54A(1) and (3).

reporting period means the period, worked out under part 4, division 5, during which a reportable offender must comply with the offender’s reporting obligations.

respondent means—

(a)for a proposed offender prohibition order—the person who is the respondent to the application for the proposed offender prohibition order; or

(b)for an offender prohibition order—the person against whom the offender prohibition order is made; or

(c)for a corresponding order or a registered corresponding order—the person against whom the corresponding order is made.

restricted police station see section 25(3).

section 54 notice ...

sentence includes something in the nature of a sentence imposed under the laws of a foreign jurisdiction.

significant impairment, for a reportable offender, means a cognitive or physical impairment that—

(a)seriously impedes the offender’s ability to comply with the offender’s reporting obligations under part 4; or

(b)makes the offender incapable of complying with the offender’s reporting obligations under part 4.

significant mental illness, for a reportable offender, means a mental illness that—

(a)seriously impedes the offender’s ability to comply with the offender’s reporting obligations under part 4; or

(b)makes the offender incapable of complying with the offender’s reporting obligations under part 4.

single offence see section 11(1).

social networking site includes an internet-based application designed to be used, and used, by users of the application—

(a)for social networking or to make social connections with other users of the application; and

(b)to share user-generated content with other users of the application.

supervising authority, in relation to a reportable offender, means an authority that a regulation states is the authority having control of the offender.

supervision order means—

(a)a community service order, a probation order, an intensive correction order, or an order that a term of imprisonment be suspended, under the Penalties and Sentences Act 1992; or

(b)a community service order, probation order, intensive supervision order, conditional release order, or supervised release order, under the Youth Justice Act 1992; or

(c)a parole order; or

(d)a continuing detention order or supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(e)an order equivalent to any order mentioned in paragraph (a), (b), (c) or (d) made under the laws of a foreign jurisdiction.

temporary order means an order made under section 13J or 13K.

unescorted leave of absence means—

(a)for a prisoner—leave of absence granted under the Corrective Services Act 2006, section 72 if the prisoner is not ordered to remain in the physical custody of a corrective services officer under that Act during the leave; or

(b)for a child detainee—leave of absence granted under the Youth Justice Act 1992, section 269 if the child detainee is not in the physical custody of a person under that Act during the leave.

usual place of employment, for a reportable offender, means particular premises or a particular locality where the offender is employed for at least 7 days, whether consecutive or not, within a 1-year period.

vehicle includes—

(a)a vehicle designed to be propelled by a motor that forms part of the vehicle, even if the vehicle is not capable of being used, including, for example, because the vehicle is mechanically defective or part of the vehicle has been removed or is missing; and

(b)a caravan or trailer.

Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.

working with children authority see the Working with Children Act, section 18.

working with children card see the Working with Children Act, schedule 7.

working with children check application see the Working with Children Act, schedule 7.