Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 36

36 Insertion of new ss 77A–77F

After section 77—
insert—

77A Legal proceedings for pt 3A

(1) An application under part 3A may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.

(2) The Uniform Civil Procedure Rules 1999 apply to a proceeding under part 3A, other than a proceeding for—

(a) a temporary order; or

(b) an offence against this Act.

(3) A question of fact in a proceeding under part 3A is to be decided on the balance of probabilities.

77B Cross-examining protected witnesses

The Evidence Act 1977 , part 2, division 6 applies to a proceeding under this Act as if—

(a) a reference to a protected witness included a reference to an alleged victim of the offence who was under 16 years when the offence was committed, irrespective of the alleged victim’s age when giving evidence; and

(b) a reference to a person charged were a reference to—

(i) a reportable offender; or

(ii) a respondent in a proceeding under this Act.

77C Application of Evidence Act 1977, s 53

(1) In a proceeding under part 3A, the relevant provision applies for the purpose of proving—

(a) an offender prohibition order or another order made under part 3A; or

(b) a corresponding order; or

(c) the registration of a corresponding order under part 3A.

(2) For applying the relevant provision as mentioned in subsection (1)(a)—

(a) a reference to a court in subsection (1)(a) to (f) of the relevant provision includes a reference to a magistrate; and

(b) a reference to a court in subsection (1)(g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.

(3) For applying the relevant provision as mentioned in subsection (1)(b) or (c)—

(a) a reference to a court in subsection (1)(a) of the relevant provision includes—

(i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and

(ii) a registrar of a Magistrates Court who has registered a corresponding order; and

(b) a reference to a court in subsection (1)(g) of the relevant provision includes a reference to the court where the corresponding order was registered.

(4) In this section—

"relevant provision" means the Evidence Act 1977 , section 53.

Note—

See also the Evidence Act 1995 (Cwlth) , sections 5, 157 and 158 for proof of corresponding orders.

77D Proof of knowledge of order conditions

(1) Subsection (2) applies if—

(a) an issue is raised in a proceeding of whether a respondent for an offender prohibition order or registered corresponding order knew about a particular condition of the order alleged to have been contravened; and

(b) there is evidence that the respondent only knew of the existence of the order because a police officer told the respondent about its existence.

(2) The respondent can not be convicted unless it is proved that the police officer told the respondent about the particular condition.

(3) In this section—

"police officer" , in relation to a registered corresponding order, includes a member of the police force of the jurisdiction where the corresponding order was made.

77E Reasonable excuse defence When deciding whether a respondent had a reasonable excuse for contravening section 51A (1) or (4), the court must have regard to—

(a) the respondent’s age; and

(b) whether the respondent had, at the time of the contravention, a disability that affected the respondent’s ability to understand, or to comply with, the offender prohibition order or registered corresponding order; and

(c) whether the form of notice given to the respondent about the offender prohibition order or registered corresponding order was adequate to inform the respondent of the respondent’s obligations under the order, having regard to the respondent’s circumstances; and

(d) any other matter the court considers appropriate.

77F Concurrent criminal proceeding

(1) An application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.

(2) However, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court—

(a) the existence of the application;

(b) the existence of any proceeding relating to the application;

(c) the making of, or refusal to make, any order relating to the application;

(d) the making of, or refusal to make, any variation of any order relating to the application;

(e) the fact that evidence of a particular nature or content was given in any proceeding relating to the application.

(3) To remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect—

(a) any proceeding for an offence against the person arising out of the same conduct; or

(b) any civil liability of the person.

(4) The person may be punished for the offence mentioned in subsection (3)(a) despite any order made against the person under this Act.