Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 39

39 Amendment of sch 5 (Dictionary)

(1) Schedule 5, definition
"court" —
omit.

(2) Schedule 5—
insert—

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

"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 applying for a prescribed notice or exemption notice; and

(iii) any positive notice, positive notice blue card or positive exemption notice 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 Criminal Intelligence Commission" means the Australian Criminal Intelligence Commission established under the Australian Crime Commission Act 2002 (Cwlth) .

"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 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.

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

"conduct" includes an act, omission and course of conduct.

"conviction" includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

"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.

"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.

"disqualification order" see section 13T (2).

"exemption notice" means an exemption notice under the Working with Children Act.

"final order" see section 13H .

"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.

"offender prohibition order" means—

(a) a prohibition order; or

(b) a temporary 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 .

"positive exemption notice" means a positive exemption notice under the Working with Children Act.

"positive notice" means a positive notice under the Working with Children Act.

"positive notice blue card" means a positive notice blue card under the Working with Children Act.

"prescribed notice" means a prescribed notice under the Working with Children Act.

"prohibition order" means an order under section 13C .

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

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

"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 .

"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.

"section 54 notice" see section 13R (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.

"temporary order" means an order made under section 13J or 13K .

"Working with Children Act" means the Working with Children (Risk Management and Screening) Act 2000 .

(3) Schedule 5, definition
"government detention" —
insert—

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

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