Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004

- As at 1 February 2024 
- Act 52 of 2004 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes of this Act
   4.      Relationship between this Act and Dangerous Prisoners (Sexual Offenders) Act 2003

   PART 2 - INTERPRETATION

   5.      Reportable offender defined
   6.      Existing reportable offender defined
   7.      Corresponding reportable offender and corresponding reportable offence defined
   7A.     Post-DPSOA reportable offender defined
   8.      When a person stops being a reportable offender
   9.      Reportable offence and existing reportable offence defined
   9A.     Reportable contact defined
   10.     Conviction defined
   10A.    Personal details defined
   10B.    When a person poses a risk to children
   11.     References to other terms and concepts
   12.     Definitions

   PART 3 - OFFENDER REPORTING ORDERS

           Division 1 - Making offender reporting orders

   12A.    Offender reporting order defined
   12B.    Making offender reporting order—conviction for offence other than prescribed offence
   12C.    Making offender reporting order—forensic order
   12D.    Matters court must consider before making offender reporting order
   12E.    Court may act on own initiative or application

           Division 2 - Appeals

   12F.    Appeal under Criminal Code
   12G.    Appeal under Mental Health Act 2016
   13.     (Repealed)

   PART 3A - OFFENDER PROHIBITION ORDERS

           Division 1 - Offender prohibition orders

              Subdivision 1 - Prohibition orders

   13A.    Application
   13B.    How proceeding for prohibition order is started
   13C.    Making prohibition order
   13D.    Matters court must consider before making prohibition order
   13E.    Court must order report before making prohibition order for child respondent
   13F.    Conduct that may be prohibited
   13FA.   Conduct that may be required
   13G.    Term of prohibition order

              Subdivision 2 - Temporary orders

   13H.    Definition for subdivision
   13I.    Applying for temporary order
   13J.    Temporary order made by magistrate
   13K.    Temporary order made by court
   13L.    Conduct that may be prohibited
   13LA.   Conduct that may be required
   13M.    Term of temporary order
   13N.    Extending temporary order if application for final order adjourned

              Subdivision 3 - Other provisions about offender prohibition orders

   13O.    Who may be present at hearing of application
   13P.    Making order for adult respondent by consent
   13Q.    Varying or revoking offender prohibition order
   13R.    Explaining and giving notice of offender prohibition order to respondent
   13S.    Giving respondent copy of offender prohibition order dealt with in respondent’s absence
   13T.    Making disqualification order instead of temporary order
   13U.    Term of disqualification order
   13V.    Extending disqualification order if application for final order adjourned
   13W.    Revoking disqualification order
   13X.    Costs

           Division 2 - Corresponding orders

   13Y.    Application for registration of corresponding order in Queensland
   13Z.    Registration of corresponding order
   13ZA.   Action by registrar and police commissioner after registration of corresponding order
   13ZB.   Effect of registration of corresponding order
   13ZC.   Varying registered corresponding order
   13ZD.   Cancelling registration of registered corresponding order

           Division 3 - (Repealed)

           Division 4 - Appeals

   13ZG.   Who may appeal
   13ZH.   Starting appeal
   13ZI.   Nature of appeal
   13ZJ.   Powers on appeal
   13ZK.   Court may not award costs unless application is frivolous or vexatious or another abuse of process

           Division 5 - Miscellaneous

   13ZL.   Service of documents
   13ZM.   No filing fee is payable
   13ZN.   Approval of forms

   PART 4 - REPORTING OBLIGATIONS

           Division 1 - Initial report

   14.     When reportable offender must make initial report
   15.     Request for and provision of personal details by corrective services
   16.     Persons required to report under corresponding Act

           Division 2 - Ongoing reporting obligations

              Subdivision 1 - Preliminary

   17.     Application of div 2

              Subdivision 2 - Periodic reporting

   18.     Requirement to make periodic reports
   19.     When periodic reports must be made

              Subdivision 3 - Reporting change in personal details

   19A.    Reporting changes in personal details
   19B.    Requirement to report each change in premises or locality at which offender stays or can be found

              Subdivision 4 - Other reporting

   20.     Intended absence from Queensland to be reported
   21.     Change of travel plans while out of Queensland to be given
   22.     Reportable offender to report return to Queensland or decision not to leave
   23.     Report of recurring absences from Queensland
   24.     Information about international travel to be given to Commonwealth agencies

           Division 3 - Other provisions applying to reporting obligations

   25.     Initial report must be made in person
   26.     How other reports must be made
   26A.    Reportable offender with disability may be assisted to make report
   27.     Right to privacy and support when reporting
   28.     Receipt of information to be acknowledged
   29.     Additional matters to be given
   30.     Power to take fingerprints
   31.     Power to take photographs
   32.     Retention of material for law enforcement, crime prevention or child protection
   33.     Reporting by remote offenders

           Division 4 - Suspension and extension of reporting obligations

   34.     Suspension and extension of reporting obligations

           Division 5 - Reporting period

              Subdivision 1 - Preliminary

   35.     Simplified outline of div 5

              Subdivision 2 - Reporting period in relation to reportable offence

   36.     When reporting obligations start
   37.     Length of reporting period—existing reportable offence
   38.     Length of reporting period—reportable offence other than existing reportable offence
   38A.    (Repealed)
   39.     Life-long reporting for particular repeat offenders
   39A.    Reduced reporting period for child reportable offenders
   39B.    Extended reporting period for reportable offender on parole

              Subdivision 3 - Reporting periods that do not relate to reportable offence

   39C.    Application of subdivision
   39D.    Forensic reportable offenders
   39E.    Reportable offenders subject to offender prohibition order
   39F.    Respondents for registered corresponding order
   39G.    Reportable offenders ever subject to division 3 order
   39H.    Corresponding reportable offenders
   40.     (Repealed)

           Division 5A - Obligations about DNA sampling and analysis

   40A.    Allowing DNA sample to be taken

           Division 6 - Exemption from reporting obligations

   41.     Supreme Court may exempt particular reportable offenders
   42.     Order for suspension
   43.     (Repealed)
   44.     Police to be notified of order
   45.     No costs to be awarded
   46.     Right of appeal
   47.     Restriction on right of unsuccessful applicant to re-apply for order
   48.     When order stops having effect
   49.     Application for new order

           Division 7 - Offences

   50.     Failure to comply with reporting obligations
   53.     Bar to prosecution for failing to report leaving Queensland

           Division 8 - Notification of reporting obligations

   54.     Initial notice to be given to reportable offender
   54A.    Reporting obligations notice
   55.     Courts to provide sentencing information to police commissioner
   56.     Notice to be given when reporting period changes
   57.     Supervising authority to notify police commissioner of personal details
   58.     Supervising authority to notify police commissioner of particular events
   59.     (Repealed)
   60.     Power of detention to enable notice to be given
   61.     Failure to comply with procedural requirements does not affect reportable offender’s obligations

           Division 9 - Modified reporting procedures for protected witnesses

   62.     Who this division applies to
   63.     Report need not be made in person
   64.     Order about whether this division applies
   65.     Appeal against order
   66.     When order takes effect
   67.     Modification of reporting obligations

           Division 10 - Police commissioner may suspend reporting obligations for particular reportable offenders

   67A.    Application of this division
   67B.    Reportable offenders under legal guardianship
   67C.    Suspension of reporting obligations of reportable offenders on police commissioner’s own initiative
   67D.    Reportable offenders may apply for suspension of reporting obligations
   67E.    Effect of suspension
   67F.    Revocation of suspension

   PART 4AA - OFFENCES AND PROCEEDINGS FOR OFFENCES

           Division 1 - Offences

   67FA.   Failing to comply with offender prohibition order
   67FB.   Reasonable excuse defence for contravening offender prohibition order
   67FC.   Access information for digital devices
   67FD.   False or misleading information
   67FE.   Prohibition on disclosing protected information

           Division 2 - Proceedings for offences

   67FF.   No time limit for prosecutions
   67FG.   Proceedings for an indictable offence
   67FH.   Constitution of court and maximum penalty for indictable offences dealt with summarily

   PART 4A - REVIEWS AND APPEALS
   Notes—

           Division 1 - Preliminary

   67G.    Application of pt 4A

           Division 2 - Internal review

   67H.    Application for internal review
   67I.    Internal review

           Division 3 - Appeals to Magistrates Court

   67J.    Appeal

   PART 5 - THE REGISTER

   68.     Child protection register
   69.     Access to the register to be restricted
   70.     Confidentiality
   71.     Release of information to corresponding registrar and Commonwealth agencies
   72.     Restriction on who may access personal information on protected witnesses
   73.     Reportable offender’s rights in relation to register
   74.     Review about entry on register

   PART 5A - CHANGE OF NAME

   74A.    Change of name of reportable offender

   PART 6 - OTHER MATTERS

   74B.    Declaration about disclosure or release of personal information to particular corresponding registrars
   74C.    Review of Act
   74D.    Giving information to police commissioner
   74E.    Police commissioner may give information to government and other entities
   74F.    Disclosing information about offender prohibition orders
   74G.    Chief executive (communities) to be given information about child respondent
   74H.    Duty of persons obtaining information
   74I.    Police commissioner may give information about order to other particular persons
   74J.    Protection from liability for giving information
   75.     Protection from personal liability
   76.     Effect of spent convictions
   77.     Evidentiary provisions
   77A.    Legal proceedings for pt 3A
   77B.    Cross-examining protected witnesses
   77C.    Application of Evidence Act 1977, s 53
   77D.    Proof of knowledge of order conditions
   77F.    Concurrent criminal proceeding
   78.     Regulation-making power

   PART 7 - TRANSITIONAL PROVISIONS

           Division 1 - Provision for the Criminal Code and Other Acts Amendment Act 2008

   79.     Transitional provision

           Division 2 - Provisions for the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2011

   80.     Declaration about application of s 14
   81.     Application of s 33
   82.     Declaration and other provision about effect of previous sentence for a new class 1 or class 2 offence

           Division 3 - Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014

   83.     Definitions for div 3
   84.     Single offence by child against Criminal Code, s 210
   85.     New South Wales reportable offenders
   86.     Reportable offenders who have made annual report before commencement
   87.     Evidence certificates for existing proceedings

           Division 4 - Transitional provision for Health and Other Legislation Amendment Act 2016

   88.     Sch 1 references to the Criminal Code, s 215

           Division 5 - Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2017

   89.     References to Child Protection (Offender Prohibition Order) Act 2008
   90.     Documents under Child Protection (Offender Prohibition Order) Act 2008
   91.     Taking fingerprints

           Division 6 - Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020

   92.     Definitions for division
   93.     Saving of former s 51B
   94.     Declaratory provision about effect of amending Act

           Division 7 - Transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

   95.     Definitions for division
   96.     Existing offender reporting orders
   97.     Existing applications for offender reporting order
   98.     Existing appeals against making of, or refusal to make, offender reporting order
   99.     Existing rights of appeal against making of, or refusal to make, offender reporting order
   100.    Existing notices about reporting obligations given by police commissioner
   101.    Reporting offenders convicted of device inspection offences
   102.    Existing reviews about entry on register
   103.    Existing rights of review about entry on register
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5