Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 (Qld)

Queensland Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Act No. 34 of 2010

Queensland Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Dangerous Prisoners (Sexual Offenders) Act2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8A Attorney-General may produce report . . . . . . . . . . . . 6 Amendment of s 9AA (Victim’s submission relating to division 3 order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 10 (Discontinuing application for division 3 order) ........................................ 7 Amendment of s 13 (Division 3 orders) . . . . . . . . . . . . . . . . . . . . 8 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13A Fixing of period of supervision order . . . . . . . . . . . . . 8 Amendment of s 15 (Effect of supervision order or interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Insertion of new pt 2, div 3B, sdiv 1 hdg. . . . . . . . . . . . . . . . . . . . 9 Amendment of s 16 (Requirements for supervised release) . . . . 9 Insertion of new pt 2, div 3B, sdiv 2 hdg. . . . . . . . . . . . . . . . . . . . 10 Amendment of s 16A (Curfew and monitoring devices) . . . . . . . . 10 Insertion of new ss 16B to 16D . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16B Other directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16C Criteria for giving directions . . . . . . . . . . . . . . . . . . . . 11 16D Requirement under order to comply with directions not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Contents 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Page 2 Amendment of s 17 (Court to give reasons). . . . . . . . . . . . . . . . . Amendment of s 19 (Amendment of requirements of supervision order or interim supervision order) . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4A Extending supervised release 19B Attorney-General may apply for further supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19C Requirements for application . . . . . . . . . . . . . . . . . . . 19D Application of provisions for division 3 orders . . . . . . 19E Fixing of period of further supervision order. . . . . . . . 19F Effect of further supervision order . . . . . . . . . . . . . . . Amendment of s 21 (Interim order concerning custody generally) .................................... Amendment of s 21A (Victim’s submission relating to further order) ......................................... Amendment of s 22 (Court may make further order) . . . . . . . . . . Amendment of s 27 (Review—periodic) . . . . . . . . . . . . . . . . . . . . Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28A Attorney-General may produce report . . . . . . . . . . . . Amendment of s 30 (Review hearing) . . . . . . . . . . . . . . . . . . . . . Amendment of s 41 (Stay of operation of decision) . . . . . . . . . . . Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4A Offences 43AA Contravention of relevant order . . . . . . . . . . . . . . . . . 43AB Applying for change of name without permission. . . . 43AC Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . Omission of s 43B (Offence of contravening supervision order or interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 44 (Hearings on the papers) . . . . . . . . . . . . . . . Amendment of s 49 (Appearance at hearings). . . . . . . . . . . . . . . Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49A Provisions about victim’s submissions and hearings . Replacement of s 51 (Parole). . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 8 Transitional provisions for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 12 12 12 12 13 13 14 14 15 15 16 16 17 17 17 18 18 19 19 19 20 20 20 20 20 21 21 21 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Contents 32 Part 3 33 34 34A 35 36 37 38 39 40 41 42 43 44 45 Part 4 46 59 Application of s 13A to existing applications. . . . . . . . 60 Application of s 13A to reviews of existing continuing detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Existing supervision orders . . . . . . . . . . . . . . . . . . . . 62 Transitional provision for directions under s 16B . . . . 63 First review period for particular existing continuing detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Penalties and Sentences Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . Amendment of s 162 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 163 (Indefinite sentence—imposition) . . . . . . . . Amendment of s 165 (Attorney-General’s consent) . . . . . . . . . . . Amendment of s 166 (Adjournment) . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 166A to 166C . . . . . . . . . . . . . . . . . . . . . . . . 166A Reports about offender. . . . . . . . . . . . . . . . . . . . . . . . 166B Distribution of reports . . . . . . . . . . . . . . . . . . . . . . . . . 166C Use of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 167 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 172D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 173 (Indefinite sentence discharged) . . . . . . . . Replacement of s 174 (Parole for offenders) . . . . . . . . . . . . . . . . 174 Parole application if finite sentence imposed . . . . . . . 174A When parole order must be made . . . . . . . . . . . . . . . 174B Provisions for parole orders under part . . . . . . . . . . . 174C Parole provisions on cancellation of parole order. . . . Insertion of new s 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Transitional provision for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2 Qualifying offences Amendment of Births,DeathsandMarriagesRegistrationAct2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 22 22 23 23 24 24 25 26 26 26 26 27 27 27 28 28 28 29 29 29 30 31 32 33 33 33 36 2010 Act No. 34 Page 3

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Contents 47 Schedule Amendment of s 42 (Correcting the register) . . . . . . . . . . . . . . . . Consequential amendments of Penalties and SentencesAct 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 Page 4 2010 Act No. 34

Queensland Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Act No. 34 of 2010 An Act to amend the Dangerous Prisoners (Sexual Offenders) Act 2003, the Penalties and Sentences Act 1992 and the Births, Deaths and MarriagesRegistration Act 2003 for particular purposes [Assented to 8 September 2010]

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 3 Act amended This part amends the Dangerous Prisoners (Sexual Offenders)Act 2003. 4 Insertion of new s 8A After section 8— insert— ‘8A Attorney-General may produce report ‘(1) This section applies if a hearing date is set under section 8. ‘(2) The Attorney-General may produce to the court a report, prepared by the chief executive for the Attorney-General, about the prisoner that— Page 6 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 5] (a) proposes requirements under section 16(2) for any supervised release of the prisoner; and (b) indicates the extent to which the proposed requirements under paragraph (a) and the requirements under section 16 can be reasonably and practicably managed by corrective services officers. ‘(3) The Attorney-General must give a copy of the report to the prisoner on the next business day after the Attorney-General receives the report.’. 5 Amendment of s 9AA (Victim’s submission relating to division 3 order) (1) Section 9AA(1) to (3), ‘Attorney-General’— omit, insert— ‘chief executive’. (2) Section 9AA— insert — ‘(3A) The chief executive must, before the hearing, give the Attorney-General— (a) if the chief executive received a submission from an eligible person in response to a notice given to the person under subsection (3)—the submission; or (b) information that the eligible person has not given a submission in response to the notice.’. (3) Section 9AA(5)— omit. 6 Amendment of s 10 (Discontinuing application for division 3 order) Section 10(4), ‘Attorney-General’— omit, insert— ‘chief executive’. 2010 Act No. 34 Page 7

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 7] 7 Amendment of s 13 (Division 3 orders) (1) Section 13(4), before paragraph (a)— insert — ‘(aa) any report produced under section 8A;’. (2) Section 13(6), from ‘or (b)’— omit, insert— ‘or (b)— (a) the paramount consideration is to be the need to ensure adequate protection of the community; and (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.’. 8 Insertion of new s 13A Part 2, division 3— insert— ‘13A Fixing of period of supervision order ‘(1) If the court makes a supervision order, the order must state the period for which it is to have effect. ‘(2) In fixing the period, the court must not have regard to whether or not the prisoner may become the subject of— (a) an application for a further supervision order; or (b) a further supervision order. ‘(3) The period can not end before 5 years after the making of the order or the end of the prisoner’s period of imprisonment, whichever is the later.’. Page 8 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 9] 9 Amendment of s 15 (Effect of supervision order or interim supervision order) Section 15(a), ‘at the end of the prisoner’s period of imprisonment’— omit, insert— ‘on the prisoner’s release day’. 10 Insertion of new pt 2, div 3B, sdiv 1 hdg Part 2, division 3B— insert— ‘Subdivision 1 Requirements for supervised release’. 11 Amendment of s 16 (Requirements for supervised release) (1) Section 16, heading, ‘supervised release’— omit, insert — ‘ orders ’. (2) Section 16(1), ‘a judicial authority’— omit, insert— ‘the court or a relevant appeal court’. (3) Section 16(1)(b) and (2), ‘the judicial authority’— omit, insert— ‘the court or a relevant appeal court’. (4) Section 16(1), after paragraph (da)— insert — ‘(daa)comply with any reasonable direction under section 16B given to the prisoner; and’. (5) Section 16(1)(db)— 2010 Act No. 34 Page 9

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 12] omit, insert — ‘(db) comply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order; and Examples of direct inconsistency — If the only requirement under subsection (2) contained in a particular order is that the released prisoner must live at least 1km from any school— 1 A proposed direction to the prisoner would be directly inconsistent if it requires the released prisoner to live at least 2km from any school. 2 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner to live at least a stated distance from something else, including, for example, children’s playgrounds, public parks or child care centres. 3 A proposed direction to the prisoner would not be directly inconsistent if it requires the released prisoner not to live anywhere unless that place has been approved by a corrective services officer. ’. 12 Insertion of new pt 2, div 3B, sdiv 2 hdg After section 16— insert— ‘Subdivision 2 Directions to released prisoners’. 13 Amendment of s 16A (Curfew and monitoring devices) Section 16A(4)— omit, insert— ‘(4) A direction under this section must not be directly inconsistent with a requirement of the relevant order for the released prisoner.’. Page 10 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 14] 14 Insertion of new ss 16B to 16D Part 2, division 3B, subdivision 2, after section 16A— insert— ‘16B Other directions ‘(1) A corrective services officer may give a released prisoner a reasonable direction about— (a) the prisoner’s accommodation; or Example — a direction that the released prisoner may only reside at a place of residence approved by a corrective services officer (b) the released prisoner’s rehabilitation or care or treatment; or Example — a direction that the released prisoner participate in stated treatment programs (c) drug or alcohol use by the released prisoner. ‘(2) A direction under subsection (1) may relate to a matter even though the relevant order imposes a requirement about the matter, either generally or specifically. ‘(3) However, the direction must not be directly inconsistent with a requirement of the order. ‘16C Criteria for giving directions ‘(1) A corrective services officer may give a direction under this subdivision or a direction mentioned in section 16(1)(db) only if the officer reasonably believes the direction is necessary— (a) to ensure the adequate protection of the community; or (b) for the prisoner’s rehabilitation or care or treatment. ‘(2) In this section— reasonably believes means believes on grounds that are reasonable in all the circumstances of the case. 2010 Act No. 34 Page 11

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 15] ‘16D Requirement under order to comply with directions not affected ‘Sections 16(1)(da), 16(1)(daa), 16A and 16B do not limit section 16(1)(db).’. 15 Amendment of s 17 (Court to give reasons) (1) Section 17, heading— omit, insert — ‘17 Court or relevant appeal court to give reasons’. (2) Section 17, ‘a judicial authority’— omit, insert— ‘the court or a relevant appeal court’. 16 Amendment of s 19 (Amendment of requirements of supervision order or interim supervision order) Section 19(3), from ‘the requirements mentioned’— omit, insert— ‘all of the requirements under section 16(1) if the order does not already include all of those requirements.’. 17 Insertion of new pt 2, div 4A Part 2— insert— ‘Division 4A Extending supervised release ‘19B Attorney-General may apply for further supervision order ‘(1) This section applies to a released prisoner subject to a supervision order (the current order ). Page 12 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 17] ‘(2) The Attorney-General may apply for a further supervision order for the released prisoner. ‘(3) The application may be made only within the last 6 months of effect of the current order. ‘(4) Despite subsection (2), the Attorney-General can not make the application if a further supervision order has been made for the released prisoner. ‘(5) However, subsection (4) does not prevent the making of the application if— (a) under section 13(5)(b) or 30(3)(b), a new supervision order is made for the released prisoner; and (b) no further supervision order has already been made for the new supervision order. ‘19C Requirements for application ‘The application must— (a) state the period of supervised release sought; and (b) be accompanied by any affidavits to be relied on in support of the application. ‘19D Application of provisions for division 3 orders ‘(1) Division 1 (other than section 5(1) and (2)), division 2, section 13, section 15 and divisions 3B and 3C apply for the application and the operation of any further supervision order for the released prisoner— (a) as if a reference in the provisions to a division 3 order were a reference to a further supervision order; and (b) as if a reference in the provisions to an application for a division 3 order were a reference to an application under this division; and (c) as if a reference in the provisions to the prisoner were a reference to the released prisoner; and 2010 Act No. 34 Page 13

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 17] (d) as if a reference in the provisions to a prisoner’s release day were a reference to the day that the current order expires; and (e) as if the reference in section 5(5) to 2 business days were a reference to 7 business days; and (f) as if the psychiatrist’s assessment under section 11(2)(a) were an assessment of the level of risk that the released prisoner will, after the expiry of the current order, commit another serious sexual offence if a further supervision order is not made; and (g) as if the references in section 13(5) to the making of an order were only a reference to the making of a further supervision order for the released prisoner; and (h) as if the reference in section 16 to the ordering of release from custody were a reference to the making of a further supervision order; and (i) with other necessary changes. ‘(2) If the court is satisfied the application may not be finally decided until after the current order expires, it may make an interim supervision order for the released prisoner. ‘(3) The power under subsection (2) applies for the application instead of the power to make the orders mentioned in section 8(2)(b) or 9A(2) as applied under subsection (1). ‘19E Fixing of period of further supervision order ‘If the court makes a further supervision order, the order must state the period for which it is to have effect. ‘19F Effect of further supervision order ‘If a further supervision order is made for the released prisoner, it has effect in accordance with its terms for the period stated in the order.’. Page 14 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 18] 18 Amendment of s 21 (Interim order concerning custody generally) Section 21(7)(a), from ‘the requirements mentioned’— omit, insert— ‘all of the requirements under section 16(1) if the order does not already include all of those requirements; and’. 19 Amendment of s 21A (Victim’s submission relating to further order) (1) Section 21A(1) to (3), ‘Attorney-General’— omit, insert— ‘chief executive’. (2) Section 21A(1), after ‘written notice’— insert — ‘( hearing notice )’. (3) Section 21A— insert — ‘(1A) However, subsection (1) does not apply if— (a) the chief executive has already given the eligible person a hearing notice for the prisoner; and (b) the person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.’. (4) Section 21A— insert — ‘(3A) The chief executive must, before the hearing, give the Attorney-General— (a) if the chief executive received a submission from an eligible person in response to a hearing notice—the submission; or 2010 Act No. 34 Page 15

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 20] (b) information that the eligible person has not given a submission in response to a hearing notice; or (c) information that the eligible person has informed the chief executive that the person no longer wishes to receive hearing notices for the prisoner.’. (5) Section 21A(5)— omit . 20 Amendment of s 22 (Court may make further order) (1) Section 22(3)(b), from ‘including’— omit, insert — ‘including, for example, an order— (i) in the nature of a risk assessment order, subject to the restriction under section 8(2); or (ii) for the revision of a report about the released prisoner produced under section 8A;’. (2) Section 22(3)— insert — ‘(c) consider any further report or revised report in the nature of a report of a type mentioned in section 8A.’. (3) Section 22(7)(a), from ‘the requirements mentioned’— omit, insert— ‘all of the requirements under section 16(1) if the order does not already include all of those requirements; and’. 21 Amendment of s 27 (Review—periodic) (1) Section 27(1)— omit, insert— Page 16 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 22] ‘(1) If the court makes a continuing detention order, it must review the order at the intervals provided for under this section. ‘(1A) The hearing for the first review and all submissions for the hearing must be completed within 2 years after the day the order first had effect. ‘(1B) There must be subsequent annual reviews while the order continues to have effect. ‘(1C) Each annual review must start within 12 months after the completion of the hearing for the last review under this section.’. (2) Section 27(2), ‘mentioned in subsection (1)’— omit . 22 ‘28A Insertion of new s 28A After section 28— insert— Attorney-General may produce report ‘Section 8A applies for any application under section 27 or 28 as if the application were an application for a division 3 order.’. 23 Amendment of s 30 (Review hearing) (1) Section 30(1), ‘matters mentioned in section 13(4)’— omit, insert — ‘required matters’. (2) Section 30(4)— omit, insert— ‘(4) In deciding whether to make an order under subsection (3)(a) or (b)— (a) the paramount consideration is to be the need to ensure adequate protection of the community; and 2010 Act No. 34 Page 17

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 24] (b) the court must consider whether— (i) adequate protection of the community can be reasonably and practicably managed by a supervision order; and (ii) requirements under section 16 can be reasonably and practicably managed by corrective services officers.’. (3) Section 30(4A)— omit . (4) Section 30— insert — ‘(6) In this section— required matters means all of the following— (a) the matters mentioned in section 13(4); (b) any report produced under section 28A.’. 24 Amendment of s 41 (Stay of operation of decision) (1) Section 41(2), ‘the judicial authority’— omit, insert— ‘the court’. (2) Section 41(2), note, ‘a judicial authority’— omit, insert— ‘the court hearing an appeal’. 25 Insertion of new pt 4A After part 4— insert— Page 18 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 25] ‘Part 4A Offences ‘43AA Contravention of relevant order ‘A released prisoner must not contravene the relevant order without reasonable excuse. Maximum penalty—2 years imprisonment. ‘43AB Applying for change of name without permission ‘(1) A person who is a released prisoner must obtain the chief executive’s written permission before applying to change the person’s name under the Births,DeathsandMarriagesRegistration Act 2003 (the registration Act ). Maximum penalty—20 penalty units or 6 months imprisonment. ‘(2) In deciding whether to give the permission, the chief executive must consider each of the following— (a) the safety of the person and other persons; (b) the person’s rehabilitation or care or treatment; (c) whether the proposed name change could be used to further an unlawful activity or purpose; (d) whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime. ‘(3) Subsection (4) applies if the chief executive becomes aware that the person has failed to comply with subsection (1) in registering, under the registration Act, a change of name. ‘(4) The chief executive may apply to the registrar under the registration Act for the cancellation of the registration. ‘43AC Proceedings for offences ‘A proceeding for an offence against this Act is a summary offence.’. 2010 Act No. 34 Page 19

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 26] 26 Omission of s 43B (Offence of contravening supervision order or interim supervision order) Section 43B— omit. 27 Amendment of s 44 (Hearings on the papers) Section 44(1), ‘section 8(1) or 18’— omit, insert— ‘section 8(1), 18 or 19D(2)’. 28 Amendment of s 49 (Appearance at hearings) (1) Section 49(1), after ‘18,’— insert— ‘19D,’. (2) Section 49(2), ‘section 8 or 18’— omit, insert — ‘section 8, 18 or 19D’. 29 Insertion of new s 49A After section 49— insert— ‘49A Provisions about victim’s submissions and hearings ‘(1) This section applies for a hearing at which a submission mentioned in section 9AA or 21A may be placed before a court. ‘(2) To remove any doubt, it is declared that regard may be had to the submission even though it gives no details of the harm caused to the relevant victim by the serious sexual offence for which the submission was given. Page 20 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 30] ‘(3) The mere fact that a submission has not been placed before the court under the section does not, of itself, give rise to an inference— (a) that the serious sexual offence caused the relevant victim little or no harm; or (b) that the relevant victim has no interest in the outcome of the hearing.’. 30 Replacement of s 51 (Parole) Section 51— omit, insert— ‘51 Parole ‘A prisoner is not eligible for parole under the CorrectiveServicesAct2006 or the PenaltiesandSentencesAct1992 and can not be issued a parole order under those Acts if— (a) under section 8(1), the court has set a date for the hearing of an application for a division 3 order in relation to the prisoner and the application has not been discontinued or finally decided; or (b) the prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.’. 31 Insertion of new pt 8 After section 58— insert— 2010 Act No. 34 Page 21

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 31] ‘Part 8 Transitional provisions for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 ‘59 Application of s 13A to existing applications ‘Section 13A applies to any application under this Act made but not decided before that section commences. ‘60 Application of s 13A to reviews of existing continuing detention orders ‘(1) This section applies for a prisoner subject to a continuing detention order made before section 13A commences. ‘(2) Section 13A applies for the making of a supervision order under section 30 for the prisoner. ‘61 Existing supervision orders ‘(1) This section applies to a supervision order or interim supervision order in force when this section commences. ‘(2) Despite section 13A, the order continues in force in accordance with its terms for the period stated in the order. ‘(3) To remove any doubt, it is declared that part 2, division 4A applies to the order and the released prisoner subject to it. ‘62 Transitional provision for directions under s 16B ‘(1) This section applies to a supervision order or interim supervision order in force when this section commences (the existing order ). ‘(2) Section 16B does not apply to the relevant prisoner and section 16(1)(daa) and (db) do not apply to the existing order Page 22 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 [s 32] to the extent those provisions apply for a direction under section 16B. ‘(3) However, section 16B and section 16(1)(daa) and (db) do apply if, under section 19, 21 or 22, the court amends the requirements of the existing order to include a requirement to comply with any direction given to the relevant prisoner under section 16B. ‘63 First review period for particular existing continuing detention orders ‘(1) This section applies if— (a) a continuing detention order is in force when this section commences; and (b) no application under section 27 or 28 has been made for the order. ‘(2) The first review of the order must start within 12 months after the completion of the hearing for the order.’. 32 Amendment of schedule (Dictionary) (1) Schedule, definitions judicial authority and supervision order — omit. (2) Schedule— insert — ‘ current order , for part 2, division 4A, see section 19B(1). further supervision order means an order made under section 19D. relevant appeal court means, if the decision of the trial division of the Supreme Court on a matter relating to this Act is appealed, a court with jurisdiction to hear the appeal or any further appeal relating to the matter. 2010 Act No. 34 Page 23

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 33] relevant order , for a released prisoner, means the supervision order or interim supervision order to which the released prisoner is subject. supervision order means— (a) a supervision order made under section 13(5)(b); or (b) a further supervision order.’. (3) Schedule, definition interim supervision order , after ‘9A(2)(a),’— insert — ‘19D(2),’. Part 3 Amendment of Penalties and Sentences Act 1992 33 Act amended This part and the schedule amend the Penalties and SentencesAct 1992 . 34 Amendment of s 4 (Definitions) (1) Section 4, definition term of imprisonment — omit. (2) Section 4— insert — ‘ board guidelines means guidelines under the CorrectiveServices Act 2006 , section 227. dangerous prisoners application means an application under the DangerousPrisoners(SexualOffenders)Act2003 for a continuing detention order, interim detention order, supervision order or interim supervision order. Page 24 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 34A] finite sentence , for part 10, see section 173(1)(b). finite term , for a provision about a finite sentence, means the term of the sentence. indefinite sentence , for part 10, see section 162. nominal sentence , for part 10, see section 162. qualifying offence , for part 10, see section 162. Queensland board means the Queensland Parole Board under the Corrective Services Act 2006 . serious harm means any detrimental effect of a serious nature on a person’s emotional, physical or psychological wellbeing, whether temporary or permanent. term of imprisonment means the duration of imprisonment imposed for a single offence and includes— (a) the imprisonment an offender is serving, or is liable to serve— (i) for default in payment of a single fine; or (ii) for failing to comply with a single order of a court; and (b) for an offender on whom a finite sentence has been imposed, any extension under section 174B(6) of the offender’s finite term.’. 34A Amendment of s 9 (Sentencing guidelines) Section 9— insert — ‘(8) In sentencing an offender, a court must not have regard to whether or not the offender— (a) may become, or is, the subject of a dangerous prisoners application; or (b) may become subject to an order because of a dangerous prisoners application.’. 2010 Act No. 34 Page 25

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 35] 35 Amendment of s 162 (Definitions) Section 162, definition violent offence — omit, insert— ‘ qualifying offence means an indictable offence— (a) against a provision of the Criminal Code mentioned in schedule 2, as in force at any time (a relevant Code provision ); or (b) that involved counselling or procuring the commission of, or attempting or conspiring to commit, a relevant Code provision.’. 36 Amendment of s 163 (Indefinite sentence—imposition) (1) Section 163, ‘violent offence’— omit, insert — ‘qualifying offence’. (2) Section 163(4)(d), ‘serious physical harm’— omit, insert — ‘serious harm’. 37 Amendment of s 165 (Attorney-General’s consent) Section 165(2), ‘violent offence’— omit, insert — ‘qualifying offence’. 38 Amendment of s 166 (Adjournment) (1) Section 166(b), ‘violent offence’— omit, insert — ‘qualifying offence’. (2) Section 166(b), ‘called by the prosecution and the offender’— Page 26 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 39] omit, insert — ‘received by the court’. 39 Insertion of new ss 166A to 166C After section 166— insert— ‘166A Reports about offender ‘(1) This section applies when the court adjourns the offender’s sentencing. ‘(2) The court must make an order that the chief executive (corrective services) must— (a) prepare for the court a report about the offender; and (b) give the court the report within a stated period. ‘(3) The court may also order the chief executive (corrective services) to provide or obtain any other report that the court considers appropriate to enable it to impose the proper sentence. ‘(4) In this section— report includes an assessment of, or information about, the prisoner. ‘166B Distribution of reports ‘(1) On receipt of a report under section 166A the court must give a copy to— (a) the prosecution; and (b) the offender’s lawyers. ‘(2) The court must ensure the prosecution and the offender’s lawyers have sufficient time before the sentencing to consider and respond to the report. ‘(3) The court may order the report, or part of the report, not be shown to the offender. 2010 Act No. 34 Page 27

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 40] ‘166C Use of reports ‘(1) The offender’s lawyers may, before the offender’s sentencing is to take place, file with the court a notice of intention to dispute the whole or any part of a report given under section 166A. ‘(2) If a notice is filed under subsection (1), the court must not take the report or the part in dispute into consideration on the sentencing unless the offender’s lawyers have been given the opportunity— (a) to lead evidence on the disputed matters; and (b) to cross-examine the author of the report on its contents.’. 40 Amendment of s 167 (Evidence) (1) Section 167(3), ‘violent offence’— omit, insert — ‘qualifying offence’. (2) Section 167— insert — ‘(4) Subsections (1) and (2) do not affect the admissibility of a report given under section 166A or any matter contained in the report.’. 41 Insertion of new s 172D After section 172C— insert— ‘172D Court not to have regard to possible order under Dangerous Prisoners (Sexual Offenders) Act 2003 ‘A court hearing a review under section 171 or 172 must not have regard to whether or not the offender— (a) may become, or is, the subject of a dangerous prisoners application; or Page 28 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 42] (b) may become subject to an order because of a dangerous prisoners application. Note — See also section 9(8) (Sentencing guidelines).’. 42 Amendment of s 173 (Indefinite sentence discharged) (1) Section 173(1)(b)— omit, insert — ‘(b) impose a sentence (a finite sentence ) on the offender under this Act for the qualifying offence for which the indefinite sentence was imposed.’. (2) Section 173(3), ‘A sentence imposed under subsection (1)(b)’— omit, insert — ‘A finite sentence’. 43 Replacement of s 174 (Parole for offenders) Section 174— omit, insert — ‘174 Parole application if finite sentence imposed ‘(1) An offender on whom a finite sentence has been imposed may apply under the CorrectiveServicesAct2006 for release on parole under that Act. ‘(2) However, an application under subsection (1) can not be made less than 6 months before the relevant period of imprisonment for the offender ends. ‘(3) Despite the CorrectiveServicesAct2006 , section 187 the Queensland board must hear and decide the application. ‘(4) If the decision on the application is to grant the parole, the Queensland board must decide the parole period. ‘(5) The board can not on the application decide a parole period that ends before the relevant period of imprisonment ends. 2010 Act No. 34 Page 29

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 43] ‘(6) The board may decide a parole period that ends after the relevant period of imprisonment ends. ‘(7) The parole period decided by the board must be 5 years, subject to subsections (8) and (9). ‘(8) The parole period may be more than 5 years if— (a) the rest of the offender’s period of imprisonment immediately before deciding the parole period is more than 5 years (the remaining period ); and (b) the parole period is the remaining period. ‘(9) The parole period may be less than 5 years only if the board considers that period is appropriate having regard to any relevant board guidelines. ‘(10) In this section— relevant period of imprisonment , for the offender, means a period of imprisonment for the offender consisting of or including a finite term of imprisonment, whether or not the finite term has ended. ‘174A When parole order must be made ‘(1) This section applies if an offender on whom a finite sentence has been imposed is not currently on parole 6 months before the relevant period of imprisonment for the offender ends (the 6-month period ). ‘(2) To remove any doubt, it is declared that this section applies even if the offender made an application under section 174 (an offender application ) that has not been not decided. ‘(3) The Queensland board must, within the 6-month period, make a parole order under the Corrective Services Act 2006 , section 194. ‘(4) If the offender has made an offender application, subsection (3) applies even if the decision on the application was not or would not have been to grant the parole. Page 30 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 43] ‘(5) If the offender has not made an offender application, subsection (3) applies as if the offender had lawfully made an offender application. Note — The word ‘lawfully’ is necessary because ordinarily an offender application within the 6-month period would be prevented under section 174(2). ‘(6) The parole order may order the offender’s release at any time during or at the end of the 6-month period for a parole period ending after the relevant period of imprisonment ends. ‘(7) The board must decide the parole period which is to start from the release. ‘(8) The parole period decided by the board must be 5 years, subject to subsection (9). ‘(9) The parole period may be less than 5 years only if the board considers that period is appropriate having regard to any relevant board guidelines. ‘(10) In this section— relevant period of imprisonment , for the offender, see section 174(10). ‘174B Provisions for parole orders under part ‘(1) This section applies if a parole order is made under section 174 or 174A. ‘(2) The Corrective Services Act 2006 , chapter 5, part 1, divisions 5 and 6 apply to the parole order. ‘(3) The Dangerous Prisoners (Sexual Offenders) Act 2003 continues to apply to a prisoner, within the meaning of section 5(6) of that Act, who is or has been subject to the application of section 174 or 174A. Note — See also the Dangerous Prisoners (Sexual Offenders) Act 2003 , section 51 (Parole). 2010 Act No. 34 Page 31

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 43] ‘(4) During the parole period decided under section 174 or 174A, the offender must be under the authority of the Queensland board and the supervision of an authorised corrective services officer. ‘(5) Subsections (6) and (7) apply if (other than for this section) there would exist a period (the gap period ) between the end of the relevant period of imprisonment for the offender and the last day of the parole period. ‘(6) The finite term included in the relevant period of imprisonment is taken to be extended by the gap period. ‘(7) Any term of imprisonment ordered to be served cumulatively with the finite term is taken to be ordered to be served cumulatively with the finite term as extended. ‘(8) In this section— relevant period of imprisonment , for the offender, see section 174(10). ‘174C Parole provisions on cancellation of parole order ‘(1) This section applies if a parole order under section 174 or 174A is made for an offender and the order is cancelled. ‘(2) No further parole order may be made under either section against the offender. ‘(3) Any extension of the finite term under section 174B(6) continues to apply and is not affected by the cancellation. ‘(4) To remove any doubt, it is declared that this section does not limit the offender’s ability under the Corrective Services Act2006 to apply for, or to be granted, further parole. ‘(5) The Queensland board must hear and decide any application for the further parole. ‘(6) Subsection (5) applies despite the CorrectiveServicesAct2006 , section 187.’. Page 32 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 44] 44 Insertion of new s 217 After section 216— insert— ‘217 Transitional provision for Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 ‘(1) Section 9(8) and amended part 10, other than new sections 172D and 174 to 174C, apply to the sentencing of an offender and to a review under that part no matter when the relevant offence happened or happens. ‘(2) However, section 9(8) and amended part 10, other than new sections 172D and 174 to 174C, only apply if the conviction for the offence took place after the date of assent of the amending Act. ‘(3) New sections 172D and 174 to 174C apply to an offender on whom a finite sentence has been imposed no matter when the relevant offence or conviction happened or happens, or when the finite sentence was made. ‘(4) Subsections (1) and (3) apply despite the Acts InterpretationAct 1954 , section 20C. ‘(5) In this section— amended part 10 means part 10 as amended under the amending Act. amending Act means the Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010. new sections 172D and 174 to 174C means those numbered sections of the post-amended Act, as affected by any relevant definitions under the post-amended Act. post-amended Act means this Act as amended by the amending Act.’. 45 Insertion of new sch 2 After schedule— 2010 Act No. 34 Page 33

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 45] insert— ‘Schedule 2 Qualifying offences section 162, definition qualifying offence , paragraph (a) Criminal Code Section 54A 208 210 213 215 216 217 Section 218 219 221 222 229B 302, 305 303, 310 306 309 Section heading or description of offence Demands with menaces upon agencies of government Unlawful sodomy Indecent treatment of children under 16 Owner etc. permitting abuse of children on premises Carnal knowledge with or of children under 16 Abuse of persons with an impairment of the mind Procuring young person etc. for carnal knowledge Section heading or description of offence Procuring sexual acts by coercion etc. Taking child for immoral purposes Conspiracy to defile Incest Maintaining a sexual relationship with a child Murder Manslaughter Attempt to murder Conspiring to murder Page 34 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 3 Amendment of Penalties and Sentences Act 1992 [s 45] 311 313 315 317 320A 321 322 349 350 351 352 411(2) 412 Aiding suicide Killing unborn child Disabling in order to commit indictable offence Acts intended to cause grievous bodily harm and other malicious acts Torture Attempting to injure by explosive or noxious substances Administering poison with intent to harm Rape Attempt to commit rape Assault with intent to commit rape Sexual assaults Robbery with circumstance of aggravation Attempted robbery Criminal Code (Provisions repealed by CriminalLaw Amendment Act 1997) Section 208 221 222 223 Section heading Unlawful anal intercourse Conspiracy to defile Incest by man Incest by adult female 2010 Act No. 34 Page 35

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 46] Criminal Code (Provisions amended, renumbered or repealed by Criminal LawAmendment Act 2000) Section 215 336 337 347 349 Section heading Carnal knowledge of girls under 16 Assault with intent to commit rape Sexual assaults Rape Attempt to commit rape Criminal Code (Provision repealed by CriminalCode and Other Acts Amendment Act 2008) Section 209 Section heading Attempted sodomy’. Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 46 Act amended This part amends the Births,DeathsandMarriagesRegistration Act 2003 . Page 36 2010 Act No. 34

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 47] 47 Amendment of s 42 (Correcting the register) Section 42(1)(b), after ‘ Corrective Services Act 2006 , section 27(4)’— insert— ‘or the DangerousPrisoners(SexualOffenders)Act2003 , section 43AB(4)’. 2010 Act No. 34 Page 37

Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Act 2010 Schedule Schedule Consequential amendments of Penalties and SentencesAct 1992 section 38 1 Sections 156A(1)(a), 161A(a), 161B(3)(a) and 161C, ‘the schedule’— omit, insert — ‘schedule 1’. 2 Schedule— number as schedule 1. © State of Queensland 2010 Page 38 2010 Act No. 34