Queensland Numbered Acts Queensland Numbered ActsSections 320 to 323 —
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320 Eligible persons register(1) The chief executive must keep a register of eligible persons who may receive notices or information about prisoners or homicide offenders under this Act.Note—Subject to section 324AA—• notice of an application by a prisoner for a parole order must be given to an eligible person under section 188; and• information about a prisoner (including a prisoner who is a homicide offender) must be given to an eligible person under section 324A; and• information about a prisoner or homicide offender may be given to an eligible person under section 325.(2) To make an entry in the eligible persons register, the chief executive must be satisfied—(a) the prisoner or homicide offender is a prisoner or homicide offender for whom an entry can be made; and(b) the person proposed to be registered against the prisoner or homicide offender is—(i) entitled to be registered; and(ii) requests or consents to the registration.(3) Despite being satisfied of the matters stated in subsection (2), the chief executive may refuse to register a person against a prisoner or homicide offender if the chief executive reasonably believes that giving the person a notice or information as an eligible person may endanger—(a) the security of a corrective services facility; or(b) the safe custody or welfare of a prisoner; or(c) the safety or welfare of someone else.(4) The chief executive may make an entry in the eligible persons register against a prisoner or homicide offender—(a) on application in the approved form by a person claiming to be an eligible person; or(b) on a referral in the approved form by an entity supporting an eligible person; or(c) on the chief executive’s own initiative.
321 Effect of offence and violence as ground for registration(1) An entry can be made in the eligible persons register against a prisoner—(a) who has been sentenced to a period of imprisonment for an offence of violence or a sexual offence; or(b) who is subject to a continuing or interim detention order, or a supervision or interim supervision order, under the Dangerous Prisoners (Sexual Offenders) Act 2003 , having been found guilty of a serious sexual offence within the meaning of that Act.(2) A person is entitled to be registered as an eligible person against the prisoner if—(a) the person is one of the following—(i) a person against whom the offence was committed (the
"victim" );(ii) an immediate family member of a deceased victim of the offence; or(b) the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of—(i) a documented history of violence by the prisoner against the person; or(ii) a connection between the person and the offence.(3) In this section—
"offence of violence" means an offence in which a victim suffers actual or threatened violence.
322 Domestic violence as ground for registration(1) An entry can be made in the eligible persons register against a prisoner who has been sentenced to a period of imprisonment for an offence if—(a) there is or has been a domestic violence order or notice in force against the prisoner; or(b) the chief executive is satisfied, by a documented history of domestic violence by the prisoner or by other evidence, the prisoner has committed domestic violence.(2) A person is entitled to be registered as an eligible person against the prisoner if the chief executive is satisfied the person is at risk of domestic violence from the prisoner.
323 Registration against homicide offender(1) An entry can be made in the eligible persons register against a homicide offender.(2) A person is entitled to be registered as an eligible person against a homicide offender if—(a) the person is an immediate family member of a victim of the homicide offence; or(b) the chief executive is satisfied registration of the person against the prisoner is warranted because of the effect of the homicide offence on the person; or(c) the chief executive is satisfied the person’s life or physical safety could reasonably be expected to be endangered because of—(i) a documented history of violence by the offender against the person; or(ii) a connection between the person and the homicide offence.
323A Registration if eligible person is child or person with impaired capacity(1) If an eligible person is a child—(a) a parent or guardian of the child is taken to be an eligible person; and(b) subject to this Act, the parent or guardian may be registered instead of, or as well as, the child.(2) If an eligible person is a person with impaired capacity—(a) a guardian of the person or an attorney of the person with an enduring power of attorney is taken to be an eligible person; and(b) subject to this Act, the guardian or attorney may be registered instead of, or as well as, the person with impaired capacity.(3) If a person proposed to be registered as an eligible person is a child—(a) the child is only eligible to be registered if the chief executive is satisfied that registration is in the child’s best interests; and(b) in the case of a child who is in care, the chief executive must consult with the child protection chief executive in deciding whether registration of the child is in the child’s best interests; and(c) if the chief executive decides to register the child, the chief executive must—(i) give the child information about being an eligible person and about how to be removed from the register; and(ii) tell the child and the child’s parent or guardian that the parent or guardian may register as an eligible person instead of, or as well as, the child.
323B Nomination of entity to receive information on behalf of eligible person(1) An eligible person may nominate an entity as an entity to whom the chief executive may give a notice or information required or authorised to be given to the eligible person under this Act.Example of nominee—a victims support agency(2) The chief executive may refuse to accept a nomination if the chief executive—(a) is not satisfied that the entity consents to the nomination; or(b) reasonably considers the entity not to be suitable in the circumstances.(3) Details of a nominee must be noted in the eligible persons register.(4) If a nominee withdraws consent to the nomination, the details must be removed from the register.