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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Child Protection (Offender
Reporting) and Other
Legislation Amendment Bill
2014
Queensland
Child Protection (Offender Reporting) and
Other Legislation Amendment Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Child Protection (Offender Reporting) Act
2004
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Purpose of this Act). . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Relationship between this Act and Dangerous
Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . 7
6 Amendment of s 5 (Reportable offender defined) . . . . . . . . . . . . 7
7 Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 When a person stops being a reportable offender . . . 9
9 Reportable offence defined . . . . . . . . . . . . . . . . . . . . 9
9A Reportable contact defined . . . . . . . . . . . . . . . . . . . . 10
8 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10A Personal details defined . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 12 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 13 (Offender reporting orders) . . . . . . . . . . . . . 11
11 Replacement of ss 14-19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 When reportable offender must make initial report . . 13
15 Provision of personal details by corrective services . . 14
16 Persons required to report under corresponding Act . 15
Division 2 Ongoing reporting obligations
Subdivision 1 Preliminary
17 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Contents
Subdivision 2 Periodic reporting
18 Requirement to make periodic reports . . . . . . . . . . . . 17
19 When periodic reports must be made . . . . . . . . . . . . 17
Subdivision 3 Reporting change in personal details
19A Reporting changes in personal details . . . . . . . . . . . . 18
Subdivision 4 Other reporting
12 Amendment of s 20 (Intended absence from Queensland to be
reported). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Amendment of s 21 (Change of travel plans while out of
Queensland to be given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Amendment of s 22 (Reportable offender to report return to
Queensland or decision not to leave) . . . . . . . . . . . . . . . . . . . . . . 20
15 Amendment of s 23 (Report of other absences from Queensland) 20
16 Amendment of s 26 (How reports must be made) . . . . . . . . . . . . 22
17 Amendment of s 34 (Suspension and extension of reporting
obligations) ...................................... 22
18 Amendment of s 35 (When reporting obligations begin) . . . . . . . 22
19 Amendment of s 36 (Length of reporting period) . . . . . . . . . . . . . 23
20 Amendment of s 37 (Reduced period applies for juvenile
reportable offenders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 Omission of s 40 (Reporting period for New South Wales
reportable offenders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Replacement of s 40A (Allowing DNA sample to be taken) . . . . . 25
40A Allowing DNA sample to be taken . . . . . . . . . . . . . . . 25
23 Amendment of s 54 (Notice to be given to reportable offender). . 26
24 Omission of s 59 (Notices may be given by police commissioner) 26
25 Amendment of s 60 (Power of detention to enable notice to be
given) .......................................... 26
26 Amendment of s 67 (Modification of reporting obligations) . . . . . 27
27 Insertion of new pt 4, div 10 and pt 4A . . . . . . . . . . . . . . . . . . . . . 27
Division 10 Police commissioner may suspend reporting
obligations for particular reportable offenders
67A Application of this division . . . . . . . . . . . . . . . . . . . . . 27
67B Reportable offenders under legal guardianship . . . . . 28
67C Suspension of reporting obligations of reportable
offenders on police commissioner's own initiative . . . 28
67D Reportable offenders may apply for suspension of
reporting obligations . . . . . . . . . . . . . . . . . . . . . . . . . . 29
67E Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 2
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Contents
67F Revocation of suspension . . . . . . . . . . . . . . . . . . . . . 30
Part 4A Reviews and appeals
Division 1 Preliminary
67G Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Internal review
67H Application for internal review. . . . . . . . . . . . . . . . . . . 31
67I Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3 Appeals to Magistrates Court
67J Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
28 Amendment of s 68 (Child protection register) . . . . . . . . . . . . . . . 34
29 Amendment of s 74 (Review about entry on register) . . . . . . . . . 34
30 Amendment of s 77 (Evidence certificates) . . . . . . . . . . . . . . . . . 35
31 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 3 Transitional provisions for Child Protection
(Offender Reporting) and Other Legislation
Amendment Act 2014
83 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
84 Single offence by child against Criminal Code, s 210 36
85 New South Wales reportable offenders . . . . . . . . . . . 36
86 Reportable offenders who have made annual report
before commencement. . . . . . . . . . . . . . . . . . . . . . . . 37
87 Evidence certificates for existing proceedings . . . . . . 38
32 Replacement of schs 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Schedule 1 Prescribed offences
Schedule 2 Personal details for reportable offenders
Schedule 2A When reportable offender must make initial
report
Schedule 2B Decisions subject to review
33 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
34 Renumbering of schs 2A-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 3 Minor and consequential amendments
35 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 57
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 57
Page 3
2014
A Bill
for
An Act to amend the Child Protection (Offender Reporting) Act
2004 for particular purposes and to make related minor and
consequential amendments to the Acts mentioned in
schedule 1
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Child Protection (Offender 4
Reporting) and Other Legislation Amendment Act 2014. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Child Protection 8
(Offender Reporting) Act 2004 9
Clause 3 Act amended 10
This part amends the Child Protection (Offender Reporting) 11
Act 2004. 12
Clause 4 Amendment of s 3 (Purpose of this Act) 13
(1) Section 3(2)(c), `annually'-- 14
omit, insert-- 15
periodically 16
(2) Section 3(2)(d), `4 years'-- 17
omit, insert-- 18
21/2 years 19
Page 6
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 5]
Clause 5 Insertion of new s 4 1
Part 1-- 2
insert-- 3
4 Relationship between this Act and Dangerous 4
Prisoners (Sexual Offenders) Act 2003 5
(1) This section applies to a person who is, for a 6
period (the concurrent period)-- 7
(a) a reportable offender subject to reporting 8
obligations under this Act; and 9
(b) subject to the requirements of a supervision 10
order under the Dangerous Prisoners 11
(Sexual Offenders) Act 2003. 12
(2) During the concurrent period, the person's 13
reporting obligations under this Act are 14
suspended. 15
Clause 6 Amendment of s 5 (Reportable offender defined) 16
(1) Section 5(1), `is--'-- 17
omit, insert-- 18
is a person who is-- 19
(2) Section 5(1)(a), `a person who is'-- 20
omit. 21
(3) Section 5(1)(b) and (c)-- 22
omit, insert-- 23
(b) an existing reportable offender; or 24
(c) a corresponding reportable offender; or 25
(d) subject to an offender reporting order; or 26
(e) taken to be a reportable offender under the 27
Child Protection (Offender Prohibition 28
Order) Act 2008. 29
Page 7
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 7]
(4) Section 5(2)(a), `class 1 or 2'-- 1
omit, insert-- 2
prescribed 3
(5) Section 5(2)(b), `class 2'-- 4
omit, insert-- 5
prescribed 6
(6) Section 5(2)(c)(i)-- 7
omit. 8
(7) Section 5(2)(c)(ii) to (v)-- 9
renumber as section 5(2)(c)(i) to (iv). 10
(8) Section 5(4)-- 11
omit. 12
(9) Section 5(7), after `(1)(b)'-- 13
insert-- 14
to (d) 15
(10) Section 5(8), `of the same kind'-- 16
omit. 17
(11) Section 5(8)-- 18
insert-- 19
Note-- 20
For when offences arise from the same incident, see 21
section 11. 22
(12) Section 5(5) to (9)-- 23
renumber as section 5(4) to (8). 24
Clause 7 Replacement of ss 8 and 9 25
Sections 8 and 9-- 26
omit, insert-- 27
Page 8
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 7]
8 When a person stops being a reportable 1
offender 2
A person stops being a reportable offender when any 3
of the following events happen-- 4
(a) the finding of guilt in relation to the only 5
offence that makes the person a reportable 6
offender under this Act is quashed or set 7
aside by a court; 8
(b) the person's sentence for the only reportable 9
offence that makes the person a reportable 10
offender under this Act is reduced or altered 11
so that the person would have been a person 12
mentioned in section 5(2)(a) or (b) had the 13
amended sentence been the original 14
sentence; 15
(c) the offender reporting order that makes the 16
person a reportable offender under this 17
Act-- 18
(i) is quashed on appeal; or 19
(ii) if the offender reporting order was 20
made with a forensic order--ends 21
because the forensic order is revoked; 22
(d) all reporting periods under this Act for the 23
person end. 24
Note for paragraph (d)-- 25
For when a person commits another reportable offence 26
after a previous reporting period for the person has 27
ended, see section 36. 28
9 Reportable offence defined 29
A reportable offence is-- 30
(a) an offence (a prescribed offence) that is 31
mentioned in schedule 1, item 9, if-- 32
Page 9
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 7]
(i) the offence is committed in respect of a 1
child; or 2
(ii) the police commissioner reasonably 3
believes the reportable offender 4
committed the offence in the belief that 5
the person in respect of whom the 6
offence was committed was a child; or 7
(b) another offence (also a prescribed offence) 8
that is mentioned in schedule 1; or 9
(c) another offence that results in an offender 10
reporting order being made. 11
9A Reportable contact defined 12
(1) A reportable offender has reportable contact 13
with a child if the offender-- 14
(a) has physical contact with the child; or 15
(b) communicates with the child orally, whether 16
in person, by telephone or over the internet; 17
or 18
(c) communicates with the child in writing 19
(including by electronic communication). 20
(2) Without limiting subsection (1), reportable 21
contact includes contact with a child when the 22
offender is-- 23
(a) supervising or caring for any child; or 24
(b) exchanging contact details with any child; 25
or 26
(c) attempting to befriend any child. 27
(3) Reportable contact does not include contact with 28
a child that is incidental to the offender's daily 29
life unless the contact-- 30
Page 10
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 8]
(a) involves an attempt by the offender to 1
befriend, or establish further contact with, 2
the child; or 3
(b) occurs with a regularity or frequency, or in a 4
way, that may reasonably be expected to 5
result in a level of familiarity or trust 6
between the offender and the child beyond 7
what may reasonably be expected to be 8
incidental to the offender's daily life. 9
Examples of contact with a child that is incidental to a 10
reportable offender's daily life-- 11
· the offender buys a newspaper from a shop where the 12
shop attendant is a child 13
· the offender buys takeaway food from a shop that has 14
child employees 15
Clause 8 Insertion of new s 10A 16
After section 10-- 17
insert-- 18
10A Personal details defined 19
The personal details of a reportable offender are the 20
details mentioned in schedule 2 for the offender. 21
Clause 9 Amendment of s 12 (Definitions) 22
Section 12, `schedule 3'-- 23
omit, insert-- 24
schedule 5 25
Clause 10 Amendment of s 13 (Offender reporting orders) 26
(1) Section 13(1)(a)-- 27
omit, insert-- 28
Page 11
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 10]
(a) finds a person guilty of an offence (the 1
offence) that is not a prescribed offence; or 2
(2) Section 13(2)(b), `for a prescribed offence'-- 3
omit, insert-- 4
if the offence is a child abduction offence 5
(3) Section 13(4) and note-- 6
omit, insert-- 7
(4) A court may make an offender reporting order 8
under subsection (1)(a) only if the court-- 9
(a) imposes a sentence for the offence; and 10
(b) records a conviction. 11
Note-- 12
For when no conviction is recorded, see-- 13
· the Penalties and Sentences Act 1992, section 12 14
· the Youth Justice Act 1992, section 183. 15
(4) Section 13-- 16
insert-- 17
(5A) The prosecution may make an application under 18
subsection (5)(b) at any time within 6 months 19
after the day the court-- 20
(a) imposes the sentence for the offence; or 21
(b) makes the forensic order. 22
(5) Section 13(10), from `an offence'-- 23
omit, insert-- 24
the offence, the person is taken to have been found 25
guilty of a prescribed offence. 26
(6) Section 13(11)-- 27
omit, insert-- 28
(11) In this section-- 29
Page 12
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
child abduction offence means-- 1
(a) an offence against the Criminal Code, 2
section 354 involving the kidnap of a child; 3
or 4
(b) an offence against the Criminal Code, 5
section 363 or 363A. 6
Clause 11 Replacement of ss 14-19 7
Sections 14 to 19-- 8
omit, insert-- 9
14 When reportable offender must make initial 10
report 11
(1) This section applies to a reportable offender 12
mentioned in schedule 3, column 1. 13
(2) If the police commissioner gives the reportable 14
offender a notice under section 54(5), the 15
offender must make a report (the initial report) 16
of the offender's personal details to the 17
commissioner when the offender receives the 18
notice. 19
(3) However, if it is not reasonably practicable for 20
the reportable offender to make the initial report 21
when the offender receives the notice, the 22
offender must make the initial report-- 23
(a) within 7 days after the day the offender 24
receives the notice; or 25
(b) if the offender intends to leave Queensland 26
before the end of 7 days after the offender 27
receives the notice--before the offender 28
leaves Queensland. 29
(4) If the police commissioner does not give the 30
reportable offender a notice under section 54(5), 31
the offender must make the offender's initial 32
report to the commissioner-- 33
Page 13
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
(a) within the period stated for the offender in 1
schedule 3, column 2; or 2
(b) if more than 1 circumstance mentioned in 3
schedule 3, column 1 applies to the 4
offender--within the shorter of the 5
applicable periods stated for the offender in 6
schedule 3, column 2; or 7
(c) if the offender intends to leave Queensland 8
before the end of the period stated for the 9
offender in schedule 3, column 2--before 10
the offender leaves Queensland. 11
(5) However, subsection (4)(c) does not apply to an 12
offender who enters Queensland from a foreign 13
jurisdiction and remains for less than 7 14
consecutive days. 15
(6) Also, if-- 16
(a) a reportable offender's reporting period for a 17
reportable offence ends; and 18
(b) the offender is later sentenced for another 19
reportable offence when the offender is not 20
in Queensland; 21
the offender must make the offender's initial 22
report to the police commissioner within 7 days 23
after entering and remaining in Queensland for 7 24
or more consecutive days. 25
(7) The 7 or more consecutive days does not include 26
any day the reportable offender spends in 27
government detention. 28
15 Provision of personal details by corrective 29
services 30
(1) This section applies if a reportable offender is in 31
government detention in Queensland. 32
Page 14
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
(2) The chief executive (corrective services) may 1
give the police commissioner the following 2
personal details about the offender-- 3
(a) the offender's name; 4
(b) the offender's date of birth; 5
(c) the address where the offender generally 6
resided before the offender entered 7
government detention. 8
(3) The details are taken to be the reportable 9
offender's initial report for the purposes of 10
including the details in the register established 11
under section 68. 12
(4) Subsection (3) does not affect the reportable 13
offender's reporting obligations under section 14. 14
16 Persons required to report under 15
corresponding Act 16
(1) This section applies to a person (other than a 17
protected witness) who-- 18
(a) is or has been required to report to a 19
corresponding registrar, whether or not the 20
person is a reportable offender under this 21
Act; and 22
(b) has not previously complied with the 23
obligation imposed by this section. 24
(2) The person must, within 7 days after entering and 25
remaining in Queensland (not including any day 26
spent in government detention), contact a 27
nominated person-- 28
(a) by telephone; or 29
(b) in another way prescribed by regulation. 30
(3) The police commissioner must ensure the 31
nominated person's contact details are available 32
at any police station. 33
Page 15
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
(4) When contacted, the nominated person must 1
advise the person-- 2
(a) whether the person is a reportable offender 3
under this Act; and 4
(b) about any reporting obligations the person 5
has under this Act. 6
(5) A person is not guilty of an offence against 7
section 50 because of a failure to comply with 8
subsection (2) if the person-- 9
(a) is not a reportable offender under this Act; 10
or 11
(b) could not reasonably have been expected to 12
have known that the person was required to 13
report under this Act; or 14
(c) does not remain in Queensland for 7 or more 15
consecutive days, not counting any day 16
spent in government detention; or 17
(d) makes an initial report under section 14. 18
(6) In this section-- 19
nominated person means a person nominated by 20
the police commissioner for this section. 21
Division 2 Ongoing reporting 22
obligations 23
Subdivision 1 Preliminary 24
17 Application of div 2 25
This division applies to a reportable offender who has 26
made an initial report. 27
Page 16
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
Subdivision 2 Periodic reporting 1
18 Requirement to make periodic reports 2
(1) A reportable offender must periodically make 3
reports (each a periodic report) of the offender's 4
personal details to the police commissioner until 5
the offender's reporting period ends. 6
(2) However, a reportable offender whose reporting 7
obligations are suspended under section 4 or 8
division 4, 6 or 10 is not required to make 9
periodic reports while the suspension is in force. 10
(3) A periodic report includes a report that simply 11
confirms that the reportable offender's personal 12
details stated in the last report previously made 13
by the offender-- 14
(a) are correct; and 15
(b) have not changed since the offender made 16
the last report. 17
19 When periodic reports must be made 18
(1) A reportable offender must make a periodic 19
report in each reporting month, starting in the 20
first reporting month after the offender makes the 21
offender's initial report. 22
(2) However, the police commissioner may at any 23
time require the reportable offender to make 24
periodic reports more frequently, if the 25
commissioner is reasonably satisfied more 26
frequent periodic reporting is necessary to protect 27
the lives or sexual safety of children. 28
(3) If the police commissioner decides to require the 29
reportable offender to make periodic reports 30
more frequently, the commissioner must, as soon 31
as reasonably practicable, give the offender a 32
Page 17
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
written notice stating when the offender is 1
required to make periodic reports. 2
(4) To remove any doubt, it is declared that the notice 3
replaces any notice previously given by the 4
police commissioner to the reportable offender 5
stating when the offender is required to make 6
periodic reports. 7
(5) The reportable offender must comply with the 8
notice until whichever of the following first 9
happens-- 10
(a) the offender's reporting period ends; 11
(b) the police commissioner gives the offender a 12
written notice that varies when the offender 13
is required to make periodic reports. 14
Subdivision 3 Reporting change in 15
personal details 16
19A Reporting changes in personal details 17
(1) A reportable offender must report any change in 18
the offender's personal details to the police 19
commissioner-- 20
(a) for a change relating to reportable contact 21
between the offender and a child--within 24 22
hours after the change happens; or 23
(b) for a change relating to the reportable 24
offender being in government detention for 25
at least 7 consecutive days-- 26
(i) within 7 days after the offender stops 27
being in government detention; or 28
(ii) if the offender intends to leave 29
Queensland before the end of the 30
period mentioned in subparagraph 31
Page 18
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 11]
(i)--before the offender leaves 1
Queensland; or 2
(c) for any other change-- 3
(i) within 7 days after the change happens; 4
or 5
(ii) if the offender intends to leave 6
Queensland before the end of the 7
period mentioned in subparagraph 8
(i)--before the offender leaves 9
Queensland. 10
(2) However, if a reportable offender (other than a 11
protected witness) is not in Queensland when the 12
change in the offender's personal details happens, 13
the offender must report the change within 7 days 14
after entering and remaining in Queensland for 7 15
or more consecutive days, not counting any day 16
spent in government detention. 17
Note-- 18
For the suspension of reporting obligations while a 19
reportable offender (other than a protected witness) is 20
not in Queensland, see section 34. 21
(3) Also, if a reportable offender made a statement to 22
the police commissioner under section 20(2)(e), 23
the offender is not required to report a change in 24
the offender's personal details unless-- 25
(a) the offender returns to Queensland and is 26
required to make a report under section 27
22(2); or 28
(b) the offender decides not to leave 29
Queensland and is required to make a report 30
under section 22(4). 31
(4) The obligation on a reportable offender under 32
this section applies in addition to any other 33
Page 19
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 12]
reporting obligation imposed on the offender 1
under this part. 2
Subdivision 4 Other reporting 3
Clause 12 Amendment of s 20 (Intended absence from Queensland 4
to be reported) 5
Section 20(1)(a), `14'-- 6
omit, insert-- 7
7 8
Clause 13 Amendment of s 21 (Change of travel plans while out of 9
Queensland to be given) 10
(1) Section 21(1)(a), `13'-- 11
omit, insert-- 12
7 13
(2) Section 21(2), `As soon as practicable'-- 14
omit, insert-- 15
Within 7 days 16
Clause 14 Amendment of s 22 (Reportable offender to report return 17
to Queensland or decision not to leave) 18
Section 22, `14'-- 19
omit, insert-- 20
7 21
Clause 15 Amendment of s 23 (Report of other absences from 22
Queensland) 23
(1) Section 23(1), `, at the time of making a report under this 24
division,'-- 25
Page 20
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 15]
omit. 1
(2) Section 23(2)-- 2
omit, insert-- 3
(2) The reportable offender must make a report to the 4
police commissioner stating-- 5
(a) in general terms-- 6
(i) the expected frequency of the 7
offender's travel; and 8
(ii) the offender's travel destinations; and 9
(iii) the offender's reasons for travelling to 10
the destinations with the expected 11
frequency; and 12
(b) whether the offender expects to have 13
reportable contact with a child while 14
travelling. 15
(3) The reportable offender must make the report 16
within 7 days before, but not less than 24 hours 17
before, the offender first travels. 18
(4) The reportable offender must report any change 19
in the information to the police commissioner-- 20
(a) for a change in the information mentioned in 21
subsection (2)(a)-- 22
(i) if the change happens when the 23
offender is out of Queensland--within 24
7 days after the offender returns to 25
Queensland; or 26
(ii) otherwise--within 7 days after the 27
change happens; or 28
(b) for a change relating to reportable contact 29
the offender has had, or expects to have, 30
with a child--within 24 hours after the 31
change happens. 32
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 16]
Clause 16 Amendment of s 26 (How reports must be made) 1
(1) Section 26(1)-- 2
omit, insert-- 3
(1) A reportable offender must-- 4
(a) make the offender's initial report in person; 5
and 6
(b) make each periodic report in the way stated 7
by the police commissioner in a written 8
notice given under section 54(5) to the 9
offender. 10
(2) Section 26(3)-- 11
omit, insert-- 12
(3) A police officer, or another person approved by 13
the police commissioner, may receive a report. 14
Clause 17 Amendment of s 34 (Suspension and extension of 15
reporting obligations) 16
Section 34(1)-- 17
insert-- 18
(d) is the subject of a decision made by the 19
police commissioner under division 10. 20
Note-- 21
For the effect of a decision of a Magistrates Court on an 22
appeal from a decision by the police commissioner 23
under division 10, see section 67J(5). 24
Clause 18 Amendment of s 35 (When reporting obligations begin) 25
(1) Section 35-- 26
insert-- 27
(1A) Subsection (1) applies even if the reportable 28
offender is already complying with reporting 29
Page 22
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 19]
obligations in relation to another reportable 1
offence. 2
(2) Section 35(1A) to (3)-- 3
renumber as section 35(2) to (4). 4
Clause 19 Amendment of s 36 (Length of reporting period) 5
(1) Section 36(1) and (2)-- 6
omit, insert-- 7
(1) A reportable offender must continue to comply 8
with the reporting obligations imposed by this 9
part for-- 10
(a) 5 years, if the offender-- 11
(i) has ever been found guilty of 1 12
reportable offence; or 13
(ii) has been found guilty of more than 1 14
reportable offence and paragraph (b) or 15
(c) does not apply to the offender; or 16
(b) 10 years, if the offender-- 17
(i) has ever been found guilty of 1 or more 18
reportable offences; and 19
(ii) in relation to the offence or offences, 20
has been given notice of the offender's 21
reporting obligations under this Act or 22
a corresponding Act; and 23
(iii) after being given the notice, commits 24
and is found guilty of 1 single further 25
reportable offence; or 26
(c) the remainder of the offender's life, if the 27
offender-- 28
(i) has ever been found guilty of 1 or more 29
reportable offences; and 30
Page 23
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 20]
(ii) in relation to the offence or offences, 1
has been given notice of the offender's 2
reporting obligations under this Act or 3
a corresponding Act; and 4
(iii) after being given the notice, commits 5
and is found guilty of more than 1 6
single further reportable offence. 7
(2) Subsection (1)(b) applies even if the reportable 8
offender's reporting obligations under subsection 9
(1)(a) ended before the offender commits and is 10
found guilty of another reportable offence. 11
(2A) Subsection (1)(c) applies even if the reportable 12
offender's reporting obligations under subsection 13
(1)(a) or (1)(b) ended before the offender 14
commits and is found guilty of another reportable 15
offence. 16
(2) Section 36(3), `the commencement of subsection (1)'-- 17
omit, insert-- 18
1 January 2005 19
(3) Section 36(6), editor's note-- 20
omit. 21
Clause 20 Amendment of s 37 (Reduced period applies for juvenile 22
reportable offenders) 23
Section 37, heading, `juvenile'-- 24
omit, insert-- 25
child 26
Clause 21 Omission of s 40 (Reporting period for New South Wales 27
reportable offenders) 28
Section 40-- 29
omit. 30
Page 24
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 22]
Clause 22 Replacement of s 40A (Allowing DNA sample to be taken) 1
Section 40A-- 2
omit, insert-- 3
40A Allowing DNA sample to be taken 4
(1) A reportable offender must comply with a written 5
notice given to the offender by the police 6
commissioner requiring the offender to-- 7
(a) attend at a stated time and place; and 8
(b) allow a DNA sampler to take a DNA sample 9
from the offender for DNA analysis. 10
Note-- 11
For the offence for failing to comply with a notice, see 12
section 50. 13
(2) However, a reportable offender need not comply 14
with subsection (1) if either of the following is 15
currently kept under the Police Powers and 16
Responsibilities Act 2000-- 17
(a) a DNA sample taken from the reportable 18
offender; 19
(b) the results of a DNA analysis of the DNA 20
sample. 21
(3) The Police Powers and Responsibilities Act 2000, 22
chapter 17, part 5 applies in relation to a DNA 23
sample taken under this section. 24
(4) In this section-- 25
DNA sample see the Police Powers and 26
Responsibilities Act 2000, schedule 6. 27
DNA sampler see the Police Powers and 28
Responsibilities Act 2000, schedule 6. 29
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 23]
Clause 23 Amendment of s 54 (Notice to be given to reportable 1
offender) 2
(1) Section 54(4)(b), `section 59'-- 3
omit, insert-- 4
subsection (5) 5
(2) Section 54-- 6
insert-- 7
(4A) The police commissioner may at any time give a 8
reportable offender written notice in relation to-- 9
(a) the offender's reporting obligations; and 10
(b) the consequences that may arise if the 11
offender fails to comply with them. 12
(3) Section 54(6), `the notice'-- 13
omit, insert-- 14
a notice given under this section 15
(4) Section 54(4A) to (6)-- 16
renumber as section 54(5) to (7). 17
Clause 24 Omission of s 59 (Notices may be given by police 18
commissioner) 19
Section 59-- 20
omit. 21
Clause 25 Amendment of s 60 (Power of detention to enable notice 22
to be given) 23
Section 60(4)-- 24
omit, insert-- 25
(4) The detained person-- 26
(a) may be taken to the nearest police station; 27
and 28
Page 26
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 26]
(b) must-- 1
(i) not be held for longer than is 2
reasonably necessary to enable the 3
purpose of the detention to be satisfied; 4
and 5
(ii) not be held only because the person has 6
refused to sign an acknowledgement 7
that the person has been given notice of 8
the person's reporting obligations; and 9
(iii) be released immediately after the 10
purpose of detention is satisfied. 11
Clause 26 Amendment of s 67 (Modification of reporting 12
obligations) 13
Section 67, `Sections 16(1), 20 to 23 and 53'-- 14
omit, insert-- 15
Sections 20 to 23 and 53 and schedule 2 16
Clause 27 Insertion of new pt 4, div 10 and pt 4A 17
After section 67-- 18
insert-- 19
Division 10 Police commissioner may 20
suspend reporting 21
obligations for particular 22
reportable offenders 23
67A Application of this division 24
This division applies to a reportable offender who-- 25
(a) was a child when he or she committed the 26
offence that makes the person a reportable 27
offender; or 28
(b) has a cognitive or physical impairment. 29
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
67B Reportable offenders under legal 1
guardianship 2
(1) This section applies if the police commissioner is 3
required under this division to give written notice 4
to a reportable offender who is-- 5
(a) a child; or 6
(b) an adult for whom a legal guardian has been 7
appointed. 8
(2) The police commissioner must give a copy of the 9
notice to-- 10
(a) the reportable offender; and 11
(b) either-- 12
(i) if the reportable offender is a 13
child--the offender's parent or legal 14
guardian; or 15
(ii) if the reportable offender is an adult for 16
whom a legal guardian has been 17
appointed--the offender's legal 18
guardian. 19
67C Suspension of reporting obligations of 20
reportable offenders on police commissioner's 21
own initiative 22
(1) The police commissioner may suspend the 23
reportable offender's reporting obligations on the 24
commissioner's own initiative only if satisfied, 25
on reasonable grounds, that-- 26
(a) the offender does not pose a risk to the lives 27
or sexual safety of children; and 28
(b) if the offender has a cognitive or physical 29
impairment--the impairment is a significant 30
impairment. 31
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
(2) The police commissioner must give the 1
reportable offender written notice of the 2
suspension as soon as reasonably practicable. 3
(3) The suspension takes effect when the 4
commissioner gives the notice to the reportable 5
offender. 6
67D Reportable offenders may apply for 7
suspension of reporting obligations 8
(1) The reportable offender may apply, in writing, to 9
the police commissioner for a suspension of the 10
offender's reporting obligations. 11
(2) If the reportable offender is a child or an adult for 12
whom a legal guardian has been appointed, the 13
offender's parent or guardian may apply for the 14
offender. 15
(3) The reportable offender's reporting obligations 16
are not suspended only because the application is 17
made. 18
(4) The police commissioner must decide whether to 19
grant or refuse the application as soon as 20
reasonably practicable after receiving the 21
application. 22
(5) The police commissioner may grant the 23
application only if satisfied, on reasonable 24
grounds, that-- 25
(a) the reportable offender does not pose a risk 26
to the lives or sexual safety of children; and 27
(b) if the reportable offender has a cognitive or 28
physical impairment--the impairment is a 29
significant impairment. 30
(6) The police commissioner must give written 31
notice of the grant or refusal of the application to 32
the reportable offender as soon as reasonably 33
practicable. 34
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
(7) A suspension of the reportable offender's 1
reporting obligations takes effect when the 2
commissioner gives the notice to the reportable 3
offender. 4
67E Effect of suspension 5
While a suspension granted under this division is in 6
force, the reportable offender is not required to make 7
any report other than an initial report. 8
67F Revocation of suspension 9
(1) The police commissioner may at any time revoke 10
a suspension made under this division if the 11
commissioner believes, on reasonable grounds-- 12
(a) the reportable offender poses, or may pose, 13
a risk to the lives or sexual safety of 14
children; or 15
(b) if the reportable offender has a cognitive or 16
physical impairment--the impairment is 17
not, or is no longer, a significant 18
impairment. 19
(2) If the police commissioner revokes a suspension, 20
the police commissioner must give the reportable 21
offender written notice of the revocation as soon 22
as reasonably practicable. 23
(3) The revocation takes effect when the police 24
commissioner gives the notice to the reportable 25
offender. 26
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
Part 4A Reviews and appeals 1
Notes-- 2
· For review of a decision of the police commissioner 3
under section 64, see section 64(4). 4
· For review of a decision about an entry on the 5
register, see section 74. 6
Division 1 Preliminary 7
67G Application of pt 4A 8
This part applies if a reportable offender is dissatisfied 9
with a decision mentioned in schedule 4. 10
Division 2 Internal review 11
67H Application for internal review 12
(1) The reportable offender may apply to the police 13
commissioner for an internal review of the 14
decision. 15
(2) The application must-- 16
(a) be in writing; and 17
(b) state the grounds on which the reportable 18
offender seeks the review of the decision; 19
and 20
(c) be made within 28 days after the reportable 21
offender receives written notice of the 22
decision. 23
(3) However, the police commissioner may at any 24
time extend the time for making the application. 25
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
67I Internal review 1
(1) As soon as reasonably practicable after receiving 2
the application, the police commissioner must-- 3
(a) review the decision; and 4
(b) decide to-- 5
(i) confirm the decision; or 6
(ii) amend the decision; or 7
(iii) substitute another decision for the 8
decision. 9
(2) The application must not be decided by-- 10
(a) the person who made the decision; or 11
(b) a person in a less senior office than the 12
person who made the decision. 13
(3) Subsection (2)-- 14
(a) applies despite the Acts Interpretation Act 15
1954, section 27A; and 16
(b) does not apply to a decision made by the 17
police commissioner. 18
(4) If the police commissioner decides to confirm or 19
amend the decision, the decision, or the amended 20
decision, is taken to be the police commissioner's 21
decision for the purpose of an appeal under 22
division 3. 23
(5) The police commissioner must give the 24
reportable offender a written notice that states-- 25
(a) the decision on the review; and 26
(b) the reasons for the decision; and 27
(c) that the offender may appeal against the 28
decision to a Magistrates Court within 28 29
days after the day when the notice is given 30
to the offender. 31
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 27]
(6) If the police commissioner does not give the 1
notice to the reportable offender within 10 2
business days after making his or her decision, 3
the commissioner is taken to have confirmed the 4
decision. 5
Division 3 Appeals to Magistrates 6
Court 7
67J Appeal 8
(1) The reportable offender may appeal against the 9
police commissioner's decision under section 67I 10
by filing a notice of appeal with a Magistrates 11
Court within-- 12
(a) 28 days after the day when the offender 13
receives, or ought to have received, the 14
notice; or 15
(b) if the Court extends the time for filing the 16
notice of appeal--the time allowed by the 17
Court. 18
(2) The reportable offender must serve a copy of the 19
notice of appeal on the police commissioner. 20
(3) The procedure for an appeal under this part must 21
be in accordance with the rules of court 22
applicable to the appeal. 23
(4) In deciding an appeal, the Magistrates Court 24
may-- 25
(a) confirm the decision; or 26
(b) amend the decision; or 27
(c) set aside the decision and substitute a 28
decision the Court considers should have 29
been made. 30
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 28]
(5) If the Magistrates Court amends the decision or 1
substitutes another decision, the amended 2
decision, or the substituted decision, is taken to 3
be the decision of the police commissioner for 4
the purposes of this Act, other than this part. 5
(6) The Magistrates Court must not award costs in 6
relation to an appeal under this part. 7
Clause 28 Amendment of s 68 (Child protection register) 8
(1) Section 68(2)(b), `class 1 or 2 offence'-- 9
omit, insert-- 10
reportable offence 11
(2) Section 68-- 12
insert-- 13
(3) The register may have various constituent parts, 14
including, for example, a part maintained by any 15
of the following entities-- 16
(a) the Queensland Police Service; 17
(b) the police service of another State; 18
(c) the Australian Federal Police; 19
(d) the CrimTrac Agency established under the 20
Public Service Act 1999 (Cwlth), section 65; 21
(e) another entity or agency of the 22
Commonwealth or a State prescribed by 23
regulation. 24
Clause 29 Amendment of s 74 (Review about entry on register) 25
Section 74(1)-- 26
omit, insert-- 27
(1) This section applies if a person believes that-- 28
(a) the person has been placed on the register-- 29
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 30]
(i) in error; or 1
(ii) for a person who has been placed on 2
the register because of the police 3
commissioner's belief mentioned in 4
section 9(a)(ii)--the police 5
commissioner's belief is not a 6
reasonable belief; or 7
(b) an error has been made in working out the 8
length of the person's reporting period. 9
Clause 30 Amendment of s 77 (Evidence certificates) 10
(1) Section 77, heading-- 11
omit, insert-- 12
77 Evidentiary provisions 13
(2) Section 77(1) and (2)-- 14
omit, insert-- 15
(1) In a proceeding under this Act, a statement in a 16
complaint that the register-- 17
(a) at a particular date contained particular 18
information; or 19
(b) indicated that, during a particular period, a 20
specified person failed to notify information 21
as required by this Act; 22
is evidence of the stated matters. 23
(3) Section 77(3)-- 24
renumber as section 77(2). 25
Clause 31 Insertion of new pt 7, div 3 26
Part 7-- 27
insert-- 28
Page 35
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 31]
Division 3 Transitional provisions for 1
Child Protection (Offender 2
Reporting) and Other 3
Legislation Amendment 4
Act 2014 5
83 Definitions for div 3 6
In this division-- 7
amending Act means the Child Protection 8
(Offender Reporting) and Other Legislation 9
Amendment Act 2014. 10
commencement means the time of 11
commencement of the provision in which this 12
term appears. 13
pre-amended Act means this Act as in force 14
immediately before it was amended by the 15
amending Act. 16
84 Single offence by child against Criminal Code, 17
s 210 18
To remove any doubt, it is declared that a person is not 19
a reportable offender under this Act only because the 20
person committed a single offence against the 21
Criminal Code, section 210-- 22
(a) when the person was a child; and 23
(b) before the commencement. 24
85 New South Wales reportable offenders 25
(1) This section applies to a person who-- 26
(a) was, immediately before the 27
commencement, a New South Wales 28
reportable offender under the pre-amended 29
Act, section 8; and 30
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 31]
(b) would, except for the amendment made by 1
the amending Act, have continued to be a 2
New South Wales reportable offender for a 3
period (the remaining reporting period) 4
after the commencement. 5
(2) The person is taken to be a corresponding 6
reportable offender under this Act until-- 7
(a) the remaining reporting period ends; or 8
(b) the person otherwise stops being a 9
reportable offender. 10
86 Reportable offenders who have made annual 11
report before commencement 12
(1) This section applies if a reportable offender has, 13
before the commencement, made an annual 14
report for 2014 under the pre-amended Act, 15
section 18. 16
(2) The reportable offender must start making 17
periodic reports-- 18
(a) if the police commissioner gives the 19
offender a notice under section 19(3)--at 20
the time stated in the notice; or 21
(b) otherwise-- 22
(i) if the anniversary of the date when the 23
offender made the initial report falls in 24
a reporting month--in that month; or 25
(ii) if the anniversary does not fall in a 26
reporting month--in the next reporting 27
month after the anniversary. 28
Example for paragraph (b)-- 29
A reportable offender makes an annual report in March 30
2014. If the amending Act commences in April 2014, 31
the offender must start making periodic reports in May 32
2015. 33
Page 37
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 32]
87 Evidence certificates for existing proceedings 1
Section 77 of the pre-amended Act continues to apply 2
to a proceeding started before the commencement, 3
despite the amendment of section 77. 4
Clause 32 Replacement of schs 1 and 2 5
Schedules 1 and 2-- 6
omit, insert-- 7
Schedule 1 Prescribed offences 8
section 9(a) and (b) 9
1 An offence against any of the following 10
provisions of the Classification of Computer 11
Games and Images Act 1995-- 12
· section 26(3) (Possession of objectionable 13
computer game) 14
· section 27(3) or (4) (Making objectionable 15
computer game) 16
· section 28 (Obtaining minor for 17
objectionable computer game). 18
2 An offence against any of the following 19
provisions of the Classification of Films Act 20
1991-- 21
· section 41(3) (Possession of objectionable 22
film) 23
· section 42(3) or (4) (Making objectionable 24
film) 25
· section 43 (Procurement of minor for 26
objectionable film). 27
Page 38
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 32]
3 An offence against any of the following 1
provisions of the Classification of Publications 2
Act 1991-- 3
· section 12 (Sale etc. of prohibited 4
publication or child abuse photograph), if 5
the offence involves a child abuse 6
publication or child abuse photograph 7
· section 13 (Possession of prohibited 8
publication), if the offence involves a child 9
abuse publication or child abuse photograph 10
· section 14 (Possession of child abuse 11
publication or child abuse photograph) 12
· section 15 (Exhibition or display of 13
prohibited publication or child abuse 14
photograph), if the offence involves a child 15
abuse publication or child abuse photograph 16
· section 16 (Leaving prohibited publication 17
or child abuse photograph in or on public 18
place), if the offence involves a child abuse 19
publication or child abuse photograph 20
· section 17(1) or (2) (Producing prohibited 21
publication), if the offence involves a child 22
abuse publication 23
· section 17(3) or (4) (Producing prohibited 24
publication) 25
· section 18 (Procurement of minor for RC 26
publication or child abuse photograph), if 27
the offence involves a child abuse 28
publication or child abuse photograph 29
· section 20 (Leaving prohibited publication 30
or child abuse photograph in or on private 31
premises), if the offence involves a child 32
abuse publication or child abuse 33
photograph. 34
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 32]
4 An offence against any of the following 1
provisions of the Criminal Code-- 2
· section 210 (Indecent treatment of children 3
under 16) 4
· section 213 (Owner etc. permitting abuse of 5
children on premises) 6
· section 215 (Carnal knowledge with or of 7
children under 16) 8
· section 218A (Using internet etc. to procure 9
children under 16) 10
· section 218B (Grooming children under 16) 11
· section 219 (Taking child for immoral 12
purposes) 13
· section 228A (Involving child in making 14
child exploitation material) 15
· section 228B (Making child exploitation 16
material) 17
· section 228C (Distributing child 18
exploitation material) 19
· section 228D (Possessing child exploitation 20
material) 21
· section 229B (Maintaining a sexual 22
relationship with a child). 23
5 An offence against either of the following 24
provisions of the Criminal Code, as in force from 25
time to time before being repealed by The 26
Criminal Code, Evidence Act and Other Acts 27
Amendment Act 1989-- 28
· section 212 (Defilement of Girls under 29
Twelve) 30
· section 214 (Attempt to Abuse Girls under 31
Ten). 32
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 32]
6 An offence against any of the following 1
provisions of the Criminal Code (Cwlth)-- 2
· section 272.8 (Sexual intercourse with child 3
outside Australia) 4
· section 272.9 (Sexual activity (other than 5
sexual intercourse) with child outside 6
Australia) 7
· section 272.10 (Aggravated offence--child 8
with mental impairment or under care, 9
supervision or authority of defendant) 10
· section 272.11 (Persistent sexual abuse of 11
child outside Australia) 12
· section 272.14 (Procuring child to engage in 13
sexual activity outside Australia) 14
· section 272.15 ("Grooming" child to engage 15
in sexual activity outside Australia) 16
· section 272.18 (Benefiting from offence 17
against this Division) 18
· section 272.19 (Encouraging offence against 19
this Division) 20
· section 272.20 (Preparing for or planning 21
offence against this Division) 22
· section 273.5 (Possessing, controlling, 23
producing, distributing or obtaining child 24
pornography material outside Australia) 25
· section 273.6 (Possessing, controlling, 26
producing, distributing or obtaining child 27
abuse material outside Australia) 28
· section 471.16 (Using a postal or similar 29
service for child pornography material) 30
· section 471.17 (Possessing, controlling, 31
producing, supplying or obtaining child 32
pornography material for use through a 33
postal or similar service) 34
Page 41
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
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[s 32]
· section 471.19 (Using a postal or similar 1
service for child abuse material) 2
· section 471.24 (Using a postal or similar 3
service to procure persons under 16) 4
· section 471.25 (Using a postal or similar 5
service to "groom" persons under 16) 6
· section 474.19 (Using a carriage service for 7
child pornography material) 8
· section 474.20 (Possessing, controlling, 9
producing, supplying or obtaining child 10
pornography material for use through a 11
carriage service) 12
· section 474.22 (Using a carriage service for 13
child abuse material) 14
· section 474.23 (Possessing, controlling, 15
producing, supplying or obtaining child 16
abuse material for use through a carriage 17
service) 18
· section 474.25A (Using a carriage service 19
for sexual activity with person under 16 20
years of age) 21
· section 474.26 (Using a carriage service to 22
procure persons under 16 years of age) 23
· section 474.27 (Using a carriage service to 24
"groom" persons under 16 years of age) 25
· section 474.27A (Using a carriage service to 26
transmit indecent communication to person 27
under 16 years of age). 28
7 An offence against any of the following 29
provisions of the Crimes Act 1914 (Cwlth), as in 30
force from time to time before being repealed by 31
the Crimes Legislation Amendment (Sexual 32
Offences Against Children) Act 2010 (Cwlth)-- 33
Page 42
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
· section 50BA (Sexual intercourse with child 1
under 16) 2
· section 50BB (Inducing child under 16 to 3
engage in sexual intercourse) 4
· section 50BC (Sexual conduct involving 5
child under 16) 6
· section 50BD (Inducing child under 16 to be 7
involved in sexual conduct) 8
· section 50DA (Benefiting from offence 9
against this Part) 10
· section 50DB (Encouraging offence against 11
this Part). 12
8 An offence against the Customs Act 1901 13
(Cwlth), section 233BAB (Special offence 14
relating to tier 2 goods) that involves child 15
pornography or child abuse material. 16
9 Any of the following offences-- 17
(a) an offence against any of the following 18
provisions of the Criminal Code-- 19
· section 208 (Unlawful sodomy) 20
· section 216 (Abuse of persons with an 21
impairment of the mind) 22
· section 217 (Procuring young person 23
etc. for carnal knowledge) 24
· section 218 (Procuring sexual acts by 25
coercion etc.) 26
· section 221 (Conspiracy to defile) 27
· section 222 (Incest) 28
· section 228 (Obscene publications and 29
exhibitions) 30
· section 229G (Procuring engagement 31
in prostitution) 32
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
· section 229H (Knowingly participating 1
in provision of prostitution) 2
· section 229I (Persons found in places 3
reasonably suspected of being used for 4
prostitution etc.) 5
· section 229L (Permitting young person 6
etc. to be at place used for prostitution) 7
· section 300 (Unlawful homicide) in 8
circumstances that amount to murder 9
· section 349 (Rape) 10
· section 350 (Attempt to commit rape) 11
· section 351 (Assault with intent to 12
commit rape) 13
· section 352 (Sexual assaults); 14
(b) an offence against the Criminal Code, 15
section 220 (Unlawful Detention with Intent 16
to Defile or in a Brothel), as in force from 17
time to time before being repealed by The 18
Criminal Code, Evidence Act and Other 19
Acts Amendment Act 1989; 20
(c) an offence against either of the following 21
provisions of the Criminal Code, as in force 22
from time to time before being repealed by 23
the Criminal Law Amendment Act 1997-- 24
· section 223 (Incest by adult female) 25
· section 344 (Aggravated assaults), if 26
the offence was of a sexual nature as 27
defined by the Criminal Law 28
Amendment Act 1945, section 2A; 29
(d) an offence against either of the following 30
provisions of the Criminal Code (Cwlth), as 31
in force from time to time before being 32
amended by the Crimes Legislation 33
Amendment (Slavery, Slavery-like 34
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
Conditions and People Trafficking) Act 1
2013-- 2
· section 270.6 (Sexual servitude 3
offences) 4
· section 270.7 (Deceptive recruiting for 5
sexual services); 6
(e) an offence against the Criminal Code, 7
section 337 (Sexual assaults), as in force 8
from time to time before being repealed by 9
the Criminal Law Amendment Act 2000; 10
(f) an offence under a law of a foreign 11
jurisdiction that, if it had been committed in 12
Queensland, would have constituted an 13
offence of a kind listed in this schedule; 14
(g) an offence under a law of a foreign 15
jurisdiction that is stated in a regulation to 16
be a prescribed offence; 17
(h) an offence that has, as an element, an 18
intention to commit an offence of a kind 19
listed in this schedule; 20
(i) an offence of attempting, or of conspiracy or 21
incitement, to commit an offence of a kind 22
listed in this schedule. 23
10 An offence that, at the time it was committed, 24
was a class 1 offence or a class 2 offence within 25
the meaning of this Act as in force immediately 26
before the commencement of the Child 27
Protection (Offender Reporting) and Other 28
Legislation Amendment Act 2014. 29
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
Schedule 2 Personal details for 1
reportable offenders 2
section 10A 3
1 The reportable offender's-- 4
(a) name; and 5
(b) if the offender is, or has previously been, 6
known by another name-- 7
(i) each other name; and 8
(ii) the period during which the offender 9
was known by each other name. 10
2 The reportable offender's date and place of birth. 11
3 Details of any tattoos or permanent 12
distinguishing marks that the reportable offender 13
has, including details of any tattoo or mark that 14
has been removed or changed. 15
4 Details of-- 16
(a) any premises where the reportable offender 17
generally resides; or 18
(b) if the offender does not generally reside at 19
particular premises--each locality where 20
the offender can generally be found. 21
5 If, since a reportable offender last reported the 22
offender's personal details under this Act, the 23
offender has stopped generally residing at 24
particular premises and has not started generally 25
residing at other premises-- 26
(a) a statement that the offender has stopped 27
generally residing at the particular premises; 28
and 29
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
(b) details of each locality where the offender 1
can generally be found. 2
6 The following details, if known to the offender, 3
for any child with whom the reportable offender 4
has reportable contact-- 5
(a) the child's name and address; 6
(b) the child's age and date of birth; 7
(c) the nature of the reportable contact; 8
(d) any telephone contact number for the child; 9
(e) any email address belonging to the child or 10
to which the child has access. 11
7 If the reportable offender is employed-- 12
(a) the nature of the employment; and 13
(b) if the offender is employed by an 14
employer--the name of the employer; and 15
(c) the address or locality of each of the 16
offender's usual places of employment. 17
8 Details of any club or organisation of which the 18
reportable offender is an associate, employee, 19
member, official or subordinate that-- 20
(a) has child members; or 21
(b) organises, supports or undertakes activities 22
in which children participate; or 23
(c) directly supports the function or operation 24
of a club or organisation of a type 25
mentioned in paragraph (a) or (b). 26
9 The make, model, colour and registration number 27
of any motor vehicle that the reportable 28
offender-- 29
(a) owns; or 30
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
(b) has driven for at least 7 days, whether or not 1
the days are consecutive, within a 1-year 2
period. 3
10 Whether the reportable offender has ever been-- 4
(a) subject to a corresponding offender 5
reporting order; and 6
(b) if so, where and when the order was made. 7
11 Whether the reportable offender has ever been-- 8
(a) found guilty in a foreign jurisdiction of a 9
reportable offence, or an offence that 10
required the offender to report to a 11
corresponding registrar; and 12
(b) if so, where and when the finding was made. 13
12 If the reportable offender has been in government 14
detention since the offender was sentenced or 15
was released from government detention for a 16
reportable offence or corresponding reportable 17
offence--details of when and where the 18
government detention occurred. 19
13 Details of any of the following used, or intended 20
to be used, by the reportable offender-- 21
(a) a carriage service within the meaning of the 22
Telecommunications Act 1997 (Cwlth), 23
including-- 24
(i) the name of the carriage service 25
provider; and 26
(ii) any current telephone number for the 27
service; 28
(b) an internet carriage service within the 29
meaning of the Broadcasting Services Act 30
1992 (Cwlth), including-- 31
(i) the name of the internet service 32
provider; and 33
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Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
(ii) whether the connection is a wireless, 1
broadband, ADSL or dial-up 2
connection; and 3
(iii) any current telephone number for the 4
service. 5
14 Details of any social networking site that the 6
reportable offender joins, participates in or 7
contributes to, or with which the offender 8
registers or opens an account, including 9
passwords for the registration or account. 10
15 Details of either of the following used, or 11
intended to be used, by the reportable offender 12
through the internet or another electronic 13
communication service, including passwords-- 14
(a) an email address; 15
(b) an internet user name, including a user name 16
or identity associated with an instant 17
messaging service, chat room or social 18
networking site. 19
16 The passport number and country of issue of each 20
passport held by the reportable offender. 21
17 For a reportable offender who is making the 22
offender's initial report and intends to travel 23
outside Queensland, but within Australia, on an 24
average of at least once a month (irrespective of 25
the length of the period of travel)-- 26
(a) the reason for travelling, in general terms; 27
and 28
(b) the frequency and destinations of the travel, 29
in general terms. 30
Page 49
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
Schedule 2A When reportable 1
offender must make 2
initial report 3
section 14 4
Column 1 Column 2
Reportable offender Period within which initial report
must be made
A reportable offender who is Whichever of the following periods
sentenced for a reportable offence ends later--
in Queensland (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 (other than a Whichever of the following periods
corresponding reportable offender) ends later--
who is subject to an offender (a) 7 days after the offender
reporting order 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 7 days after the reportable offender
corresponding reportable offender) is released from government
who is released from government detention
detention in Queensland
Page 50
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
Column 1 Column 2
Reportable offender Period within which initial report
must be made
A reportable offender who-- 7 days after entering and remaining
(a) enters Queensland from a in Queensland for 7 or more
foreign jurisdiction; and consecutive days, not counting any
(b) has not previously been day spent in government detention
required to report the
offender's personal details to
the police commissioner
A reportable offender-- Whichever of the following periods
(a) for whom a reporting period ends later--
ends; and (a) 7 days after the reportable
(b) who is then sentenced for offender is sentenced for the
another reportable offence 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 Whichever of the following periods
becomes a corresponding ends later--
reportable offender who under (a) 7 days after the reportable
section 39 must comply with the offender becomes a
reporting obligations imposed by corresponding reportable
part 4 offender;
(b) if the reportable offender is in
government detention--7
days after the offender stops
being in detention
Page 51
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 32]
Column 1 Column 2
Reportable offender Period within which initial report
must be made
A reportable offender-- Whichever of the following periods
(a) for whom reporting ends later--
obligations are suspended by (a) 7 days after the order stops
an order under section 42, or having effect;
an equivalent order made in a (b) if the reportable offender is in
foreign jurisdiction; and government detention--7
(b) for whom the order stops days after the offender stops
having effect under section 48, being in detention
or an equivalent provision of
the laws of a foreign
jurisdiction
A corresponding reportable Whichever of the following periods
offender who-- ends later--
(a) has not previously been (a) 7 days after the reportable
required to report the offender becomes a
offender's personal details to corresponding reportable
the police commissioner; and offender;
(b) is in Queensland on the day (b) if the reportable offender is in
when the person becomes a government detention--7
corresponding reportable days after the offender stops
offender being in detention
Page 52
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 33]
Schedule 2B Decisions subject to 1
review 2
section 67G 3
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 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
Clause 33 Amendment of sch 3 (Dictionary) 4
(1) Schedule 3, definitions annual report, class 1 offence, class 2 5
offence, class 1 or 2 offence, initial report, New South Wales 6
Act, New South Wales reportable offender and personal 7
details-- 8
omit. 9
(2) Schedule 3-- 10
insert-- 11
details, of a locality where a reportable offender 12
can generally be found, means a description of, 13
or directions to, a place or area where the 14
offender can generally be found that is 15
sufficiently described to allow a reasonable 16
person to locate the place or area based on the 17
description or directions. 18
Page 53
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 33]
Examples of details of a locality where a reportable 1
offender can generally be found-- 2
· the name and location of a caravan park where the 3
offender can generally be found 4
· a description of, and directions to, the part of a 5
camping area within a national park where the 6
offender can generally be found 7
employer, for a reportable offender, includes a 8
person who-- 9
(a) arranges, in the course of business, for the 10
offender to be employed by another person; 11
or 12
(b) engages the offender under a contract of 13
employment. 14
employment, for a reportable offender, includes 15
any of the following activities engaged in, or 16
carried out, by the offender-- 17
(a) working under a contract of employment; 18
(b) working as a self-employed person or a 19
subcontractor; 20
(c) working for an organisation as a volunteer; 21
(d) working as a minister of religion or for a 22
religious organisation in another capacity; 23
(e) undertaking practical training as part of an 24
educational or vocational course. 25
generally reside, for a reportable offender, means 26
reside for at least 7 days, whether consecutive or 27
not, within a 1-year period. 28
initial report see section 14(2). 29
periodic report see section 18(1). 30
personal details, of a reportable offender, see 31
section 10A. 32
prescribed offence see section 9. 33
Page 54
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Child Protection (Offender Reporting) Act 2004
[s 34]
protected witness means a reportable offender to 1
whom part 4, division 9 applies. 2
reportable contact see section 9A. 3
reporting month means each of the following-- 4
(a) February; 5
(b) May; 6
(c) August; 7
(d) November. 8
significant impairment, for a reportable 9
offender, means a cognitive or physical 10
impairment that-- 11
(a) seriously impedes the offender's ability to 12
comply with the offender's reporting 13
obligations under part 4; or 14
(b) makes the offender incapable of complying 15
with the offender's reporting obligations 16
under part 4. 17
usual place of employment, for a reportable 18
offender, means particular premises or a 19
particular locality where the offender is 20
employed for at least 7 days, whether consecutive 21
or not, within a 1-year period. 22
Clause 34 Renumbering of schs 2A-3 23
Schedules 2A to 3-- 24
renumber as schedules 3 to 5. 25
Page 55
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Part 3 Minor and consequential amendments
[s 35]
Part 3 Minor and consequential 1
amendments 2
Clause 35 Acts amended 3
Schedule 1 amends the Acts it mentions. 4
Page 56
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 35 3
Commission for Children and Young People and Child 4
Guardian Act 2000 5
1 Section 167(1)(f), `class 1 offence or a class 2 offence'-- 6
omit, insert-- 7
reportable offence 8
Disability Services Act 2006 9
1 Section 79(1)(f), `class 1 offence or a class 2 offence'-- 10
omit, insert-- 11
reportable offence 12
Police Powers and Responsibilities Act 2000 13
1 After section 21-- 14
insert-- 15
21A Power to enter for Child Protection (Offender 16
Reporting) Act 2004 17
(1) A police officer may, at any time, enter premises 18
where a reportable offender generally resides to 19
verify the offender's personal details reported by 20
Page 57
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2014
Schedule 1
the offender under the Child Protection (Offender 1
Reporting) Act 2004. 2
(2) In this section-- 3
generally reside, for a reportable offender, see 4
the Child Protection (Offender Reporting) Act 5
2004, schedule 5. 6
personal details, of a reportable offender, see the 7
Child Protection (Offender Reporting) Act 2004, 8
schedule 5. 9
premises, for a reportable offender, does not 10
include a part of the premises used exclusively by 11
a person other than the offender. 12
2 Section 490A-- 13
omit. 14
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 58
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