{"id":"qld:act-2004-052","name":"Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004","slug":"child-protection-offender-reporting-and-offender-prohibition-order-act-2004","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"52 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30802,"registerId":"qld-act-2004-052-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 .\ns 1 amd 2017 No. 14 s 4","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of this Act","content":"### sec.3 Purposes of this Act\n\nParliament recognises that any risk to the lives or sexual safety of 1 or more children, or of children generally, is unacceptable.\nThe purposes of this Act are—\nto provide for the protection of the lives of children and their sexual safety; and\nto require particular offenders who commit sexual, or particular other serious, offences against children to keep police informed of the offender’s whereabouts and other personal details for a period of time after the offender’s release into the community—\nto reduce the likelihood that the offender will re-offend; and\nto facilitate the investigation and prosecution of any future offences that the offender may commit; and\nto protect the community by facilitating the release of information relating to particular offenders in particular circumstances to the public.\nIn outline, this Act—\nprovides for the establishment of a child protection register; and\nrequires offenders who are sentenced for reportable offences to report specified personal details for inclusion in the register; and\nrequires those reportable offenders to keep those details up to date, to report those details periodically and to also report particular travel plans; and\nimposes those reporting obligations for a period of between 2 1 / 2 years and life, depending on the number, severity and timing of the offences committed, and the age of the reportable offender at the time an offence was committed; and\nallows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and\nprovides for the making of orders against particular offenders who commit sexual, or particular other serious, offences against children to—\nprohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or\nrequire the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally; and\nallows for the disclosure or publication of information relating to particular reportable offenders in particular circumstances through the operation of a public child sex offender register.\nSubsection (2) is intended only as a guide to readers about the general scheme and effect of this Act.\ns 3 amd 2014 No. 34 s 4 ; 2017 No. 14 s 5 ; 2018 No. 20 s 3A ; 2023 No. 10 s 4 ; 2025 No. 25 s 4\n(sec.3-ssec.1) Parliament recognises that any risk to the lives or sexual safety of 1 or more children, or of children generally, is unacceptable.\n(sec.3-ssec.1A) The purposes of this Act are— to provide for the protection of the lives of children and their sexual safety; and to require particular offenders who commit sexual, or particular other serious, offences against children to keep police informed of the offender’s whereabouts and other personal details for a period of time after the offender’s release into the community— to reduce the likelihood that the offender will re-offend; and to facilitate the investigation and prosecution of any future offences that the offender may commit; and to protect the community by facilitating the release of information relating to particular offenders in particular circumstances to the public.\n(sec.3-ssec.2) In outline, this Act— provides for the establishment of a child protection register; and requires offenders who are sentenced for reportable offences to report specified personal details for inclusion in the register; and requires those reportable offenders to keep those details up to date, to report those details periodically and to also report particular travel plans; and imposes those reporting obligations for a period of between 2 1 / 2 years and life, depending on the number, severity and timing of the offences committed, and the age of the reportable offender at the time an offence was committed; and allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and provides for the making of orders against particular offenders who commit sexual, or particular other serious, offences against children to— prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally; and allows for the disclosure or publication of information relating to particular reportable offenders in particular circumstances through the operation of a public child sex offender register.\n(sec.3-ssec.3) Subsection (2) is intended only as a guide to readers about the general scheme and effect of this Act.\n- (a) to provide for the protection of the lives of children and their sexual safety; and\n- (b) to require particular offenders who commit sexual, or particular other serious, offences against children to keep police informed of the offender’s whereabouts and other personal details for a period of time after the offender’s release into the community— (i) to reduce the likelihood that the offender will re-offend; and (ii) to facilitate the investigation and prosecution of any future offences that the offender may commit; and\n- (i) to reduce the likelihood that the offender will re-offend; and\n- (ii) to facilitate the investigation and prosecution of any future offences that the offender may commit; and\n- (c) to protect the community by facilitating the release of information relating to particular offenders in particular circumstances to the public.\n- (i) to reduce the likelihood that the offender will re-offend; and\n- (ii) to facilitate the investigation and prosecution of any future offences that the offender may commit; and\n- (a) provides for the establishment of a child protection register; and\n- (b) requires offenders who are sentenced for reportable offences to report specified personal details for inclusion in the register; and\n- (c) requires those reportable offenders to keep those details up to date, to report those details periodically and to also report particular travel plans; and\n- (d) imposes those reporting obligations for a period of between 2 1 / 2 years and life, depending on the number, severity and timing of the offences committed, and the age of the reportable offender at the time an offence was committed; and\n- (e) allows for the recognition of the period of reporting obligations imposed under laws of foreign jurisdictions; and\n- (f) provides for the making of orders against particular offenders who commit sexual, or particular other serious, offences against children to— (i) prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or (ii) require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (i) prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or\n- (ii) require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (g) allows for the disclosure or publication of information relating to particular reportable offenders in particular circumstances through the operation of a public child sex offender register.\n- (i) prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or\n- (ii) require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally; and","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Relationship between this Act and Dangerous Prisoners (Sexual Offenders) Act 2003","content":"### sec.4 Relationship between this Act and Dangerous Prisoners (Sexual Offenders) Act 2003\n\nThis section applies to a person who is, for a period (the concurrent period )—\na reportable offender subject to reporting obligations under this Act; and\nsubject to the requirements of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\nDuring the concurrent period, the reportable offender is not required to make any report under this Act other than an initial report.\ns 4 prev s 4 om 2011 No. 10 s 4\npres s 4 ins 2014 No. 34 s 5\namd 2017 No. 14 s 6\n(sec.4-ssec.1) This section applies to a person who is, for a period (the concurrent period )— a reportable offender subject to reporting obligations under this Act; and subject to the requirements of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n(sec.4-ssec.2) During the concurrent period, the reportable offender is not required to make any report under this Act other than an initial report.\n- (a) a reportable offender subject to reporting obligations under this Act; and\n- (b) subject to the requirements of a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Reportable offender defined","content":"### sec.5 Reportable offender defined\n\nA reportable offender is a person who is—\nsentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or\nsentenced for an offence for which a court has made a declaration under subsection (5) ; or\nan existing reportable offender; or\na corresponding reportable offender; or\nsubject to an offender reporting order; or\nsubject to an offender prohibition order; or\nthe respondent for a registered corresponding order; or\na post-DPSOA reportable offender.\nHowever, a person mentioned in subsection (1) (a) is not a reportable offender only because—\nthe person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or\nthe person was sentenced for a prescribed offence that is a single offence, if the sentence did not include—\na term of imprisonment; or\na requirement that the person be under the supervision of a supervising authority or another person or body; or\nthe person, as a child, committed—\na single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or\na single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or\na single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or\na single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.\nAlso, a person is not a reportable offender if the person—\nis receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or\nhas the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection.\nFor this section, it does not matter—\nwhether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or\nwhether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.\nFor subsection (1) (b) , if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence.\nFor subsection (2) (b) (ii) , a reference to being under the supervision of a supervising authority does not include supervision under a fine option order.\ns 5 amd 2006 No. 29 s 518 sch 3 ; 2008 No. 17 s 65 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2014 No. 34 s 6 ; 2017 No. 14 s 7 ; 2018 No. 20 s 3B ; 2023 No. 10 s 5\n(sec.5-ssec.1) A reportable offender is a person who is— sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or sentenced for an offence for which a court has made a declaration under subsection (5) ; or an existing reportable offender; or a corresponding reportable offender; or subject to an offender reporting order; or subject to an offender prohibition order; or the respondent for a registered corresponding order; or a post-DPSOA reportable offender.\n(sec.5-ssec.2) However, a person mentioned in subsection (1) (a) is not a reportable offender only because— the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include— a term of imprisonment; or a requirement that the person be under the supervision of a supervising authority or another person or body; or the person, as a child, committed— a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.\n(sec.5-ssec.3) Also, a person is not a reportable offender if the person— is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection.\n(sec.5-ssec.4) For this section, it does not matter— whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.\n(sec.5-ssec.5) For subsection (1) (b) , if a court convicts a person of an offence other than a reportable offence, the court may also declare it is satisfied the facts and circumstances surrounding the offence constitute elements of a reportable offence.\n(sec.5-ssec.6) For subsection (2) (b) (ii) , a reference to being under the supervision of a supervising authority does not include supervision under a fine option order.\n- (a) sentenced for a reportable offence, regardless of when the offence was committed or the person was convicted; or\n- (b) sentenced for an offence for which a court has made a declaration under subsection (5) ; or\n- (c) an existing reportable offender; or\n- (d) a corresponding reportable offender; or\n- (e) subject to an offender reporting order; or\n- (f) subject to an offender prohibition order; or\n- (g) the respondent for a registered corresponding order; or\n- (h) a post-DPSOA reportable offender.\n- (a) the person was convicted of a prescribed offence, if the conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 , (or an equivalent order under the laws of a foreign jurisdiction); or\n- (b) the person was sentenced for a prescribed offence that is a single offence, if the sentence did not include— (i) a term of imprisonment; or (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or\n- (i) a term of imprisonment; or\n- (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or\n- (c) the person, as a child, committed— (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.\n- (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or\n- (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or\n- (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or\n- (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.\n- (i) a term of imprisonment; or\n- (ii) a requirement that the person be under the supervision of a supervising authority or another person or body; or\n- (i) a single offence against the Classification of Computer Games and Images Act 1995 , section 26 (3) , the Classification of Films Act 1991 , section 41 or 42 or the Classification of Publications Act 1991 , section 13 , 14 , 15 or 16 ; or\n- (ii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of Queensland; or\n- (iii) a single offence of possessing or publishing child pornography (in whatever terms expressed) under the laws of a foreign jurisdiction; or\n- (iv) a single offence (including an offence under the law of a foreign jurisdiction) that falls within a class of offence that the regulations state is an offence for the purposes of this subparagraph.\n- (a) is receiving protection under a foreign witness protection law specified under a regulation for the purposes of this subsection; or\n- (b) has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified under a regulation for the purposes of this subsection.\n- (a) whether a person committed, was convicted of or sentenced for a reportable offence before or after 1 January 2005; or\n- (b) whether or not a person may lodge, or has lodged, an appeal in relation to a conviction, sentence or the making of an offender reporting order.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Existing reportable offender defined","content":"### sec.6 Existing reportable offender defined\n\nAn existing reportable offender is—\na person who—\nwas convicted of a reportable offence before 1 January 2005; and\non 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or\na person who, immediately before 1 January 2005, was subject to a pre-2005 reporting order.\nSubsection (1) (a) does not apply if a conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 .\ns 6 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2023 No. 10 s 6\n(sec.6-ssec.1) An existing reportable offender is— a person who— was convicted of a reportable offence before 1 January 2005; and on 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or a person who, immediately before 1 January 2005, was subject to a pre-2005 reporting order.\n(sec.6-ssec.2) Subsection (1) (a) does not apply if a conviction was not recorded under the Penalties and Sentences Act 1992 , section 12 or the Youth Justice Act 1992 , section 183 .\n- (a) a person who— (i) was convicted of a reportable offence before 1 January 2005; and (ii) on 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or\n- (i) was convicted of a reportable offence before 1 January 2005; and\n- (ii) on 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or\n- (b) a person who, immediately before 1 January 2005, was subject to a pre-2005 reporting order.\n- (i) was convicted of a reportable offence before 1 January 2005; and\n- (ii) on 1 January 2005, was serving a term of imprisonment, or was subject to a supervision order, for the reportable offence; or","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Corresponding reportable offender and corresponding reportable offence defined","content":"### sec.7 Corresponding reportable offender and corresponding reportable offence defined\n\nA corresponding reportable offender is a person who—\nhas, at any time, been convicted of a corresponding reportable offence; and\nfalls within a class of person whom a regulation states is a corresponding reportable offender.\nA corresponding reportable offence is an offence against a law of a foreign jurisdiction if a person convicted of the offence would be required to report to the corresponding registrar in the foreign jurisdiction because of the conviction.\ns 7 sub 2023 No. 10 s 7\n(sec.7-ssec.1) A corresponding reportable offender is a person who— has, at any time, been convicted of a corresponding reportable offence; and falls within a class of person whom a regulation states is a corresponding reportable offender.\n(sec.7-ssec.2) A corresponding reportable offence is an offence against a law of a foreign jurisdiction if a person convicted of the offence would be required to report to the corresponding registrar in the foreign jurisdiction because of the conviction.\n- (a) has, at any time, been convicted of a corresponding reportable offence; and\n- (b) falls within a class of person whom a regulation states is a corresponding reportable offender.","sortOrder":8},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Post-DPSOA reportable offender defined","content":"### sec.7A Post-DPSOA reportable offender defined\n\nA post-DPSOA reportable offender is a person who—\nwas sentenced for a reportable offence, whether before or after 1 January 2005; and\nwas, but is no longer, subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\nA person becomes a post-DPSOA reportable offender when the person stops being subject to the division 3 order mentioned in subsection (1) (b) .\ns 7A ins 2018 No. 20 s 3C\namd 2023 No. 10 s 8\n(sec.7A-ssec.1) A post-DPSOA reportable offender is a person who— was sentenced for a reportable offence, whether before or after 1 January 2005; and was, but is no longer, subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n(sec.7A-ssec.2) A person becomes a post-DPSOA reportable offender when the person stops being subject to the division 3 order mentioned in subsection (1) (b) .\n- (a) was sentenced for a reportable offence, whether before or after 1 January 2005; and\n- (b) was, but is no longer, subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"When a person stops being a reportable offender","content":"### sec.8 When a person stops being a reportable offender\n\nA person stops being a reportable offender when any of the following events happen—\nthe conviction in relation to the only offence that makes the person a reportable offender under this Act is quashed or set aside by a court;\nthe person’s sentence for the only reportable offence that makes the person a reportable offender under this Act is reduced or altered so that the person would have been a person mentioned in section 5 (2) (a) or (b) had the amended sentence been the original sentence;\nthe offender reporting order that makes the person a reportable offender under this Act is quashed on appeal;\nthe end of all reporting periods to which the person is subject, including under an offender prohibition order.\ns 8 sub 2014 No. 34 s 7\namd 2017 No. 14 s 8 ; 2023 No. 10 ss 9 , 16(1)\n- (a) the conviction in relation to the only offence that makes the person a reportable offender under this Act is quashed or set aside by a court;\n- (b) the person’s sentence for the only reportable offence that makes the person a reportable offender under this Act is reduced or altered so that the person would have been a person mentioned in section 5 (2) (a) or (b) had the amended sentence been the original sentence;\n- (c) the offender reporting order that makes the person a reportable offender under this Act is quashed on appeal;\n- (d) the end of all reporting periods to which the person is subject, including under an offender prohibition order.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Reportable offence and existing reportable offence defined","content":"### sec.9 Reportable offence and existing reportable offence defined\n\nA reportable offence is—\nan offence (a prescribed offence ) that is mentioned in schedule 1 , item 9, if—\nthe offence is committed in respect of a child; or\nthe police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or\nanother offence (also a prescribed offence ) that is mentioned in schedule 1 ; or\nanother offence that results in an offender reporting order being made; or\na corresponding reportable offence.\nAn existing reportable offence is a reportable offence committed before the commencement day, regardless of whether a person is convicted of the offence before or after the commencement day.\ns 9 sub 2014 No. 34 s 7\namd 2023 No. 10 s 10\n(sec.9-ssec.1) A reportable offence is— an offence (a prescribed offence ) that is mentioned in schedule 1 , item 9, if— the offence is committed in respect of a child; or the police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or another offence (also a prescribed offence ) that is mentioned in schedule 1 ; or another offence that results in an offender reporting order being made; or a corresponding reportable offence.\n(sec.9-ssec.2) An existing reportable offence is a reportable offence committed before the commencement day, regardless of whether a person is convicted of the offence before or after the commencement day.\n- (a) an offence (a prescribed offence ) that is mentioned in schedule 1 , item 9, if— (i) the offence is committed in respect of a child; or (ii) the police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or\n- (i) the offence is committed in respect of a child; or\n- (ii) the police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or\n- (b) another offence (also a prescribed offence ) that is mentioned in schedule 1 ; or\n- (c) another offence that results in an offender reporting order being made; or\n- (d) a corresponding reportable offence.\n- (i) the offence is committed in respect of a child; or\n- (ii) the police commissioner reasonably believes the reportable offender committed the offence in the belief that the person in respect of whom the offence was committed was a child; or","sortOrder":11},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Reportable contact defined","content":"### sec.9A Reportable contact defined\n\nA reportable offender has reportable contact with a child if the offender—\nhas physical contact with the child; or\ncommunicates with the child orally, whether in person, by telephone or over the internet; or\ncommunicates with the child in writing (including by electronic communication).\nWithout limiting subsection (1) , reportable contact includes contact with a child when the offender is—\nsupervising or caring for any child; or\nexchanging contact details with any child; or\nattempting to befriend any child.\nReportable contact does not include contact with a child that is incidental to the offender’s daily life unless the contact—\ninvolves an attempt by the offender to befriend, or establish further contact with, the child; or\noccurs with a regularity or frequency, or in a way, that may reasonably be expected to result in a level of familiarity or trust between the offender and the child beyond what may reasonably be expected to be incidental to the offender’s daily life.\nthe offender buys a newspaper from a shop where the shop attendant is a child\nthe offender buys takeaway food from a shop that has child employees\nIn this section—\ncontact means contact that happens in Queensland or elsewhere.\ns 9A ins 2014 No. 34 s 7\namd 2017 No. 14 s 9\n(sec.9A-ssec.1) A reportable offender has reportable contact with a child if the offender— has physical contact with the child; or communicates with the child orally, whether in person, by telephone or over the internet; or communicates with the child in writing (including by electronic communication).\n(sec.9A-ssec.2) Without limiting subsection (1) , reportable contact includes contact with a child when the offender is— supervising or caring for any child; or exchanging contact details with any child; or attempting to befriend any child.\n(sec.9A-ssec.3) Reportable contact does not include contact with a child that is incidental to the offender’s daily life unless the contact— involves an attempt by the offender to befriend, or establish further contact with, the child; or occurs with a regularity or frequency, or in a way, that may reasonably be expected to result in a level of familiarity or trust between the offender and the child beyond what may reasonably be expected to be incidental to the offender’s daily life. the offender buys a newspaper from a shop where the shop attendant is a child the offender buys takeaway food from a shop that has child employees\n(sec.9A-ssec.4) In this section— contact means contact that happens in Queensland or elsewhere.\n- (a) has physical contact with the child; or\n- (b) communicates with the child orally, whether in person, by telephone or over the internet; or\n- (c) communicates with the child in writing (including by electronic communication).\n- (a) supervising or caring for any child; or\n- (b) exchanging contact details with any child; or\n- (c) attempting to befriend any child.\n- (a) involves an attempt by the offender to befriend, or establish further contact with, the child; or\n- (b) occurs with a regularity or frequency, or in a way, that may reasonably be expected to result in a level of familiarity or trust between the offender and the child beyond what may reasonably be expected to be incidental to the offender’s daily life. Examples of contact with a child that is incidental to a reportable offender’s daily life— • the offender buys a newspaper from a shop where the shop attendant is a child • the offender buys takeaway food from a shop that has child employees\n- • the offender buys a newspaper from a shop where the shop attendant is a child\n- • the offender buys takeaway food from a shop that has child employees\n- • the offender buys a newspaper from a shop where the shop attendant is a child\n- • the offender buys takeaway food from a shop that has child employees","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Conviction defined","content":"### sec.10 Conviction defined\n\nA reference to a conviction in relation to an offence (however expressed) committed by a person is a reference to any of the following, whether or not a conviction is recorded—\na court making a formal finding of guilt in relation to the offence;\na court convicting the person of the offence, if there has been no formal finding of guilt before conviction;\na court accepting a plea of guilty from the person in relation to the offence;\na court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under the Penalties and Sentences Act 1992 , section 189 or the Youth Justice Act 1992 , section 157 , or under equivalent provisions of the laws of a foreign jurisdiction.\nHowever, a reference to a conviction does not include a conviction that is later quashed or set aside by a court.\ns 10 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2023 No. 10 s 11\n(sec.10-ssec.1) A reference to a conviction in relation to an offence (however expressed) committed by a person is a reference to any of the following, whether or not a conviction is recorded— a court making a formal finding of guilt in relation to the offence; a court convicting the person of the offence, if there has been no formal finding of guilt before conviction; a court accepting a plea of guilty from the person in relation to the offence; a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under the Penalties and Sentences Act 1992 , section 189 or the Youth Justice Act 1992 , section 157 , or under equivalent provisions of the laws of a foreign jurisdiction.\n(sec.10-ssec.2) However, a reference to a conviction does not include a conviction that is later quashed or set aside by a court.\n- (a) a court making a formal finding of guilt in relation to the offence;\n- (b) a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;\n- (c) a court accepting a plea of guilty from the person in relation to the offence;\n- (d) a court accepting an admission of guilt from the person in relation to the offence for the purpose of the offence being taken into account under the Penalties and Sentences Act 1992 , section 189 or the Youth Justice Act 1992 , section 157 , or under equivalent provisions of the laws of a foreign jurisdiction.","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Personal details defined","content":"### sec.10A Personal details defined\n\nThe personal details of a reportable offender are the details mentioned in schedule 2 for the offender.\ns 10A ins 2014 No. 34 s 8","sortOrder":14},{"sectionNumber":"sec.10B","sectionType":"section","heading":"When a person poses a risk to children","content":"### sec.10B When a person poses a risk to children\n\nA person poses a risk to the lives or sexual safety of 1 or more children, or of children generally, if there is a risk that the person will engage in conduct that may constitute a reportable offence against or in relation to a child or children.\ns 10B ins 2017 No. 14 s 10","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"References to other terms and concepts","content":"### sec.11 References to other terms and concepts\n\nA single offence is 1 or more offences committed against the same person within a single period of 24 hours that, together, are taken to be 1 offence.\nA reference to doing a thing in person is a reference to doing the thing by personal attendance at a place, and is not a reference to attending the place by phone or by other electronic means.\ns 11 amd 2023 No. 10 s 12\n(sec.11-ssec.1) A single offence is 1 or more offences committed against the same person within a single period of 24 hours that, together, are taken to be 1 offence.\n(sec.11-ssec.2) A reference to doing a thing in person is a reference to doing the thing by personal attendance at a place, and is not a reference to attending the place by phone or by other electronic means.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definitions","content":"### sec.12 Definitions\n\nThe dictionary in schedule 5 defines particular words used in this Act.\ns 12 amd 2014 No. 34 s 9","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Offender reporting orders","content":"# Offender reporting orders","sortOrder":18},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Making offender reporting orders","content":"## Making offender reporting orders","sortOrder":19},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Offender reporting order defined","content":"### sec.12A Offender reporting order defined\n\nAn offender reporting order is an order made against a person that the person comply with the reporting obligations imposed on a reportable offender under this Act.\ns 12A ins 2023 No. 21 s 3","sortOrder":20},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Making offender reporting order—conviction for offence other than prescribed offence","content":"### sec.12B Making offender reporting order—conviction for offence other than prescribed offence\n\nThis section applies if a court—\nconvicts a person of an offence other than a prescribed offence; and\nrecords a conviction and imposes a sentence for the offence.\nFor when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 .\nThe court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D —\nthe person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or\nfor a person convicted of a child abduction offence—\nthe context in which the offence was committed was not familial; and\nit is appropriate in the circumstances to make the order.\nThe commission of the offence was not merely incidental.\nFor subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.\ns 12B ins 2023 No. 21 s 3\namd 2023 No. 10 s 16 (3)\n(sec.12B-ssec.1) This section applies if a court— convicts a person of an offence other than a prescribed offence; and records a conviction and imposes a sentence for the offence. For when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 .\n(sec.12B-ssec.2) The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D — the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or for a person convicted of a child abduction offence— the context in which the offence was committed was not familial; and it is appropriate in the circumstances to make the order. The commission of the offence was not merely incidental.\n(sec.12B-ssec.3) For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.\n- (a) convicts a person of an offence other than a prescribed offence; and\n- (b) records a conviction and imposes a sentence for the offence. Note— For when no conviction is recorded, see the Penalties and Sentences Act 1992 , section 12 and the Youth Justice Act 1992 , section 183 .\n- (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or\n- (b) for a person convicted of a child abduction offence— (i) the context in which the offence was committed was not familial; and (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental.\n- (i) the context in which the offence was committed was not familial; and\n- (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental.\n- (i) the context in which the offence was committed was not familial; and\n- (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental.","sortOrder":21},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Making offender reporting order—forensic order","content":"### sec.12C Making offender reporting order—forensic order\n\nThis section applies if a court makes a forensic order in relation to a person.\nThe court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D —\nthe person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or\nif the forensic order was made in relation to a child abduction offence—\nthe context in which the offence was committed was not familial; and\nit is appropriate in the circumstances to make the order.\nFor subsection (2) —\na reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and\na reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.\nFor subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.\nAn offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 .\ns 12C ins 2023 No. 21 s 3\n(sec.12C-ssec.1) This section applies if a court makes a forensic order in relation to a person.\n(sec.12C-ssec.2) The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D — the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or if the forensic order was made in relation to a child abduction offence— the context in which the offence was committed was not familial; and it is appropriate in the circumstances to make the order.\n(sec.12C-ssec.3) For subsection (2) — a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.\n(sec.12C-ssec.4) For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.\n(sec.12C-ssec.5) An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 .\n- (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or\n- (b) if the forensic order was made in relation to a child abduction offence— (i) the context in which the offence was committed was not familial; and (ii) it is appropriate in the circumstances to make the order.\n- (i) the context in which the offence was committed was not familial; and\n- (ii) it is appropriate in the circumstances to make the order.\n- (i) the context in which the offence was committed was not familial; and\n- (ii) it is appropriate in the circumstances to make the order.\n- (a) a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and\n- (b) a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.","sortOrder":22},{"sectionNumber":"sec.12D","sectionType":"section","heading":"Matters court must consider before making offender reporting order","content":"### sec.12D Matters court must consider before making offender reporting order\n\nThe matters a court must consider for section 12B (2) or 12C (2) are—\nwhen the conduct the subject of the proposed offender reporting order happened; and\nthe nature and seriousness of the conduct; and\nfor each offence to which the proposed order relates—\nthe age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and\nthe relationship, if any, between the respondent and the victim of the offence; and\nthe respondent’s criminal history, including the seriousness of the criminal history; and\nthe respondent’s circumstances, including—\nthe access the respondent has to children, including access through the respondent’s employment; and\nthe respondent’s needs in relation to accommodation, employment, health and mental health; and\nanything else the court considers relevant.\ns 12D ins 2023 No. 21 s 3\n- (a) when the conduct the subject of the proposed offender reporting order happened; and\n- (b) the nature and seriousness of the conduct; and\n- (c) for each offence to which the proposed order relates— (i) the age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and (ii) the relationship, if any, between the respondent and the victim of the offence; and\n- (i) the age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and\n- (ii) the relationship, if any, between the respondent and the victim of the offence; and\n- (d) the respondent’s criminal history, including the seriousness of the criminal history; and\n- (e) the respondent’s circumstances, including— (i) the access the respondent has to children, including access through the respondent’s employment; and (ii) the respondent’s needs in relation to accommodation, employment, health and mental health; and\n- (i) the access the respondent has to children, including access through the respondent’s employment; and\n- (ii) the respondent’s needs in relation to accommodation, employment, health and mental health; and\n- (f) anything else the court considers relevant.\n- (i) the age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and\n- (ii) the relationship, if any, between the respondent and the victim of the offence; and\n- (i) the access the respondent has to children, including access through the respondent’s employment; and\n- (ii) the respondent’s needs in relation to accommodation, employment, health and mental health; and","sortOrder":23},{"sectionNumber":"sec.12E","sectionType":"section","heading":"Court may act on own initiative or application","content":"### sec.12E Court may act on own initiative or application\n\nA court may make an offender reporting order—\non its own initiative; or\non the application of the prosecution.\nThe prosecution may make an application under subsection (1) (b) at any time within 6 months after the day the court—\nimposes the sentence for the offence; or\nmakes the forensic order.\ns 12E ins 2023 No. 21 s 3\n(sec.12E-ssec.1) A court may make an offender reporting order— on its own initiative; or on the application of the prosecution.\n(sec.12E-ssec.2) The prosecution may make an application under subsection (1) (b) at any time within 6 months after the day the court— imposes the sentence for the offence; or makes the forensic order.\n- (a) on its own initiative; or\n- (b) on the application of the prosecution.\n- (a) imposes the sentence for the offence; or\n- (b) makes the forensic order.","sortOrder":24},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":25},{"sectionNumber":"sec.12F","sectionType":"section","heading":"Appeal under Criminal Code","content":"### sec.12F Appeal under Criminal Code\n\nIf a court makes an offender reporting order against a person under section 12B , the person may appeal against the making of the order under the Criminal Code , chapter 67 .\nIf a court refuses an application for an offender reporting order to be made against a person under section 12B , the Attorney-General may appeal against the refusal under the Criminal Code , chapter 67 .\nFor subsections (1) and (2) , the Criminal Code , chapter 67 applies as if the order, or the refusal, were a sentence pronounced on conviction of the person for an indictable offence.\ns 12F ins 2023 No. 21 s 3\n(sec.12F-ssec.1) If a court makes an offender reporting order against a person under section 12B , the person may appeal against the making of the order under the Criminal Code , chapter 67 .\n(sec.12F-ssec.2) If a court refuses an application for an offender reporting order to be made against a person under section 12B , the Attorney-General may appeal against the refusal under the Criminal Code , chapter 67 .\n(sec.12F-ssec.3) For subsections (1) and (2) , the Criminal Code , chapter 67 applies as if the order, or the refusal, were a sentence pronounced on conviction of the person for an indictable offence.","sortOrder":26},{"sectionNumber":"sec.12G","sectionType":"section","heading":"Appeal under Mental Health Act 2016","content":"### sec.12G Appeal under Mental Health Act 2016\n\nIf a court makes an offender reporting order against a person under section 12C , the person may appeal against the making of the order under the Mental Health Act 2016 .\nIf a court refuses an application for the imposition of an offender reporting order against a person under section 12C , the Attorney-General may appeal against the refusal under the Mental Health Act 2016 .\nFor subsections (1) and (2) , the Mental Health Act 2016 applies as if—\nthe order or refusal were a decision of the Mental Health Court; and\na reference in the Mental Health Act 2016 to the Mental Health Court were a reference to the court that made the order or refused the application.\ns 12G ins 2023 No. 21 s 3\n(sec.12G-ssec.1) If a court makes an offender reporting order against a person under section 12C , the person may appeal against the making of the order under the Mental Health Act 2016 .\n(sec.12G-ssec.2) If a court refuses an application for the imposition of an offender reporting order against a person under section 12C , the Attorney-General may appeal against the refusal under the Mental Health Act 2016 .\n(sec.12G-ssec.3) For subsections (1) and (2) , the Mental Health Act 2016 applies as if— the order or refusal were a decision of the Mental Health Court; and a reference in the Mental Health Act 2016 to the Mental Health Court were a reference to the court that made the order or refused the application.\n- (a) the order or refusal were a decision of the Mental Health Court; and\n- (b) a reference in the Mental Health Act 2016 to the Mental Health Court were a reference to the court that made the order or refused the application.","sortOrder":27},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 amd 2008 No. 17 s 66 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2011 No. 10 s 5 ; 2014 No. 34 s 10 ; 2016 No. 5 s 923 sch 4\nom 2023 No. 21 s 3","sortOrder":28},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Offender prohibition orders","content":"# Offender prohibition orders","sortOrder":29},{"sectionNumber":"pt.3A-div.1","sectionType":"division","heading":"Offender prohibition orders","content":"## Offender prohibition orders","sortOrder":30},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Application","content":"### sec.13A Application\n\nThe police commissioner may apply to a court for a prohibition order for a person if the police commissioner believes, on reasonable grounds, the person—\nis a relevant sexual offender; and\nhas engaged in concerning conduct.\nThe application must be in the approved form and must state—\nthe particulars of each conviction of the respondent for a reportable offence committed against a child; and\nthe particulars of the concerning conduct the respondent is alleged to have engaged in; and\nwhen the respondent is alleged to have engaged in the concerning conduct; and\nthe conduct of the respondent proposed to be prohibited under the prohibition order, including the conditions sought by the police commissioner.\ns 13A ins 2017 No. 14 s 11\namd 2018 No. 20 s 3D ; 2025 No. 25 s 5\n(sec.13A-ssec.1) The police commissioner may apply to a court for a prohibition order for a person if the police commissioner believes, on reasonable grounds, the person— is a relevant sexual offender; and has engaged in concerning conduct.\n(sec.13A-ssec.2) The application must be in the approved form and must state— the particulars of each conviction of the respondent for a reportable offence committed against a child; and the particulars of the concerning conduct the respondent is alleged to have engaged in; and when the respondent is alleged to have engaged in the concerning conduct; and the conduct of the respondent proposed to be prohibited under the prohibition order, including the conditions sought by the police commissioner.\n- (a) is a relevant sexual offender; and\n- (b) has engaged in concerning conduct.\n- (a) the particulars of each conviction of the respondent for a reportable offence committed against a child; and\n- (b) the particulars of the concerning conduct the respondent is alleged to have engaged in; and\n- (c) when the respondent is alleged to have engaged in the concerning conduct; and\n- (d) the conduct of the respondent proposed to be prohibited under the prohibition order, including the conditions sought by the police commissioner.","sortOrder":31},{"sectionNumber":"sec.13B","sectionType":"section","heading":"How proceeding for prohibition order is started","content":"### sec.13B How proceeding for prohibition order is started\n\nThe police commissioner starts a proceeding against a respondent under section 13A (1) by issuing an appearance notice for the proceeding.\nAs soon as practicable after starting the proceeding, and before the time the respondent is required to appear at a place before a court under the appearance notice, the police commissioner must file the following documents with the registrar of the court at the place—\nthe application for the proceeding;\na copy of the appearance notice for the proceeding.\nA police officer must serve a copy of the application and the appearance notice (the application documents ) on the respondent.\nFor further provisions about service, see section 13ZL .\nAlso, for a child respondent, the police commissioner must, as soon as practicable after starting the proceeding, give a copy of the application documents to—\nthe chief executive (child safety), if the prohibition order sought is likely to result in the child respondent needing to change the child respondent’s place of residence; and\na parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\ns 13B ins 2017 No. 14 s 11\n(sec.13B-ssec.1) The police commissioner starts a proceeding against a respondent under section 13A (1) by issuing an appearance notice for the proceeding.\n(sec.13B-ssec.2) As soon as practicable after starting the proceeding, and before the time the respondent is required to appear at a place before a court under the appearance notice, the police commissioner must file the following documents with the registrar of the court at the place— the application for the proceeding; a copy of the appearance notice for the proceeding.\n(sec.13B-ssec.3) A police officer must serve a copy of the application and the appearance notice (the application documents ) on the respondent. For further provisions about service, see section 13ZL .\n(sec.13B-ssec.4) Also, for a child respondent, the police commissioner must, as soon as practicable after starting the proceeding, give a copy of the application documents to— the chief executive (child safety), if the prohibition order sought is likely to result in the child respondent needing to change the child respondent’s place of residence; and a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\n- (a) the application for the proceeding;\n- (b) a copy of the appearance notice for the proceeding.\n- (a) the chief executive (child safety), if the prohibition order sought is likely to result in the child respondent needing to change the child respondent’s place of residence; and\n- (b) a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.","sortOrder":32},{"sectionNumber":"sec.13C","sectionType":"section","heading":"Making prohibition order","content":"### sec.13C Making prohibition order\n\nA court may make a prohibition order if the court is satisfied, on the balance of probabilities, after considering the matters mentioned in section 13D —\nthe respondent is a relevant sexual offender; and\nhaving regard to the nature or pattern of conduct engaged in by the respondent—\nthe respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and\nthe making of the prohibition order will reduce the risk.\nAlso, for a child respondent, the court may only make the prohibition order—\nafter considering a report given to the court under section 13E ; and\nif satisfied the making of the prohibition order is a last resort and the most effective way of reducing the risk mentioned in subsection (1) (b) (i) .\nFor subsection (1) , it is not necessary for the court to be able to identify a risk to a particular child or particular children.\nThe application for the prohibition order may be heard in the respondent’s absence if the court is satisfied the respondent was served with the application documents under section 13B (3) .\nHowever, the court may, at any time before making the prohibition order, direct the police commissioner to give a further appearance notice to the respondent as directed by the court.\ns 13C ins 2017 No. 14 s 11\namd 2018 No. 20 s 3E\n(sec.13C-ssec.1) A court may make a prohibition order if the court is satisfied, on the balance of probabilities, after considering the matters mentioned in section 13D — the respondent is a relevant sexual offender; and having regard to the nature or pattern of conduct engaged in by the respondent— the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and the making of the prohibition order will reduce the risk.\n(sec.13C-ssec.2) Also, for a child respondent, the court may only make the prohibition order— after considering a report given to the court under section 13E ; and if satisfied the making of the prohibition order is a last resort and the most effective way of reducing the risk mentioned in subsection (1) (b) (i) .\n(sec.13C-ssec.3) For subsection (1) , it is not necessary for the court to be able to identify a risk to a particular child or particular children.\n(sec.13C-ssec.4) The application for the prohibition order may be heard in the respondent’s absence if the court is satisfied the respondent was served with the application documents under section 13B (3) .\n(sec.13C-ssec.5) However, the court may, at any time before making the prohibition order, direct the police commissioner to give a further appearance notice to the respondent as directed by the court.\n- (a) the respondent is a relevant sexual offender; and\n- (b) having regard to the nature or pattern of conduct engaged in by the respondent— (i) the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and (ii) the making of the prohibition order will reduce the risk.\n- (i) the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (ii) the making of the prohibition order will reduce the risk.\n- (i) the respondent poses an unacceptable risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (ii) the making of the prohibition order will reduce the risk.\n- (a) after considering a report given to the court under section 13E ; and\n- (b) if satisfied the making of the prohibition order is a last resort and the most effective way of reducing the risk mentioned in subsection (1) (b) (i) .","sortOrder":33},{"sectionNumber":"sec.13D","sectionType":"section","heading":"Matters court must consider before making prohibition order","content":"### sec.13D Matters court must consider before making prohibition order\n\nThe matters a court must consider for section 13C (1) are—\nwhen the conduct that is the subject of the proposed prohibition order happened; and\nthe seriousness of the respondent’s reportable offences committed against a child, whether committed in Queensland or elsewhere; and\nthe period since the reportable offences were committed; and\nfor each reportable offence—\nthe age of the respondent, and the age of the victim of the offence, when the offence was committed; and\nthe difference in age between the respondent and the victim of the offence; and\nthe respondent’s present age; and\nthe seriousness of the respondent’s criminal history; and\nwhether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\nthe effect of the prohibition order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child; and\nthe respondent’s circumstances—\nto the extent the circumstances relate to the conduct sought to be prohibited; and\nincluding the reportable offender’s accommodation, employment needs and integration into the community; and\nfor a child respondent—the child respondent’s educational needs; and\nanything else the court considers relevant.\ns 13D ins 2017 No. 14 s 11\namd 2018 No. 20 s 3F ; 2023 No. 21 s 4\n- (a) when the conduct that is the subject of the proposed prohibition order happened; and\n- (b) the seriousness of the respondent’s reportable offences committed against a child, whether committed in Queensland or elsewhere; and\n- (c) the period since the reportable offences were committed; and\n- (d) for each reportable offence— (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and (ii) the difference in age between the respondent and the victim of the offence; and\n- (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and\n- (ii) the difference in age between the respondent and the victim of the offence; and\n- (e) the respondent’s present age; and\n- (f) the seriousness of the respondent’s criminal history; and\n- (fa) whether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\n- (g) the effect of the prohibition order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child; and\n- (h) the respondent’s circumstances— (i) to the extent the circumstances relate to the conduct sought to be prohibited; and (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and\n- (i) to the extent the circumstances relate to the conduct sought to be prohibited; and\n- (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and\n- (i) for a child respondent—the child respondent’s educational needs; and\n- (j) anything else the court considers relevant.\n- (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and\n- (ii) the difference in age between the respondent and the victim of the offence; and\n- (i) to the extent the circumstances relate to the conduct sought to be prohibited; and\n- (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and","sortOrder":34},{"sectionNumber":"sec.13E","sectionType":"section","heading":"Court must order report before making prohibition order for child respondent","content":"### sec.13E Court must order report before making prohibition order for child respondent\n\nThis section applies if the court is satisfied of the matters mentioned in section 13C (1) in relation to a child respondent.\nBefore making a prohibition order for the child respondent, the court must direct the chief executive (communities) to give to the court a written report containing stated information, assessments and reports about—\nthe child respondent; or\nthe child respondent’s family; or\nother matters.\nThe report may contain the opinion of the chief executive (communities) on what impact a prohibition order may have on the child respondent in relation to the child respondent’s accommodation, educational, health, cultural or social needs.\nThe report must be given to the court within the period stated by the court in the direction.\nWhen the report is given to the court under subsection (4) , the registrar of the court must give a copy of the report to each party to the proceeding.\ns 13E ins 2017 No. 14 s 11\n(sec.13E-ssec.1) This section applies if the court is satisfied of the matters mentioned in section 13C (1) in relation to a child respondent.\n(sec.13E-ssec.2) Before making a prohibition order for the child respondent, the court must direct the chief executive (communities) to give to the court a written report containing stated information, assessments and reports about— the child respondent; or the child respondent’s family; or other matters.\n(sec.13E-ssec.3) The report may contain the opinion of the chief executive (communities) on what impact a prohibition order may have on the child respondent in relation to the child respondent’s accommodation, educational, health, cultural or social needs.\n(sec.13E-ssec.4) The report must be given to the court within the period stated by the court in the direction.\n(sec.13E-ssec.5) When the report is given to the court under subsection (4) , the registrar of the court must give a copy of the report to each party to the proceeding.\n- (a) the child respondent; or\n- (b) the child respondent’s family; or\n- (c) other matters.","sortOrder":35},{"sectionNumber":"sec.13F","sectionType":"section","heading":"Conduct that may be prohibited","content":"### sec.13F Conduct that may be prohibited\n\nA prohibition order may prohibit the respondent from engaging in stated conduct, including, for example—\nassociating with, or otherwise contacting, stated persons or a stated kind of person; or\ncorresponding with other relevant sexual offenders\nbeing in stated locations or a stated kind of location; or\nwithin 200m of a school between 7a.m. and 7p.m. on school days\nresiding at a stated residence, stated residences, a stated kind of residence or a residence at a stated location; or\na residence within 200m of a school\na residence where children under 16 years reside\nengaging in stated behaviour; or\ntaking photos of children\ndownloading from the internet catalogues that feature child models\nusing internet chat rooms that are primarily aimed at children\nbeing in stated employment, or a stated kind of employment, whether paid or voluntary, that is likely to bring the respondent into contact with children.\nemployment in a cafe in the vicinity of a school\ndoor-to-door sales or collecting\nA prohibition order may prohibit conduct—\nabsolutely; or\non the terms the court considers appropriate.\nA prohibition order may prohibit the respondent from entering or remaining in a stated place even if the respondent has a right to enter or to be in the place.\nIf a prohibition order prohibits the respondent from entering or remaining in a place as mentioned in subsection (3) , the court must, if satisfied it is necessary to do so, ensure the prohibition order provides for the respondent to recover the respondent’s personal property from the place.\nA provision of a prohibition order may allow a respondent to enter a stated place between stated times, if accompanied by a police officer, to recover the respondent’s property.\ns 13F ins 2017 No. 14 s 11\n(sec.13F-ssec.1) A prohibition order may prohibit the respondent from engaging in stated conduct, including, for example— associating with, or otherwise contacting, stated persons or a stated kind of person; or corresponding with other relevant sexual offenders being in stated locations or a stated kind of location; or within 200m of a school between 7a.m. and 7p.m. on school days residing at a stated residence, stated residences, a stated kind of residence or a residence at a stated location; or a residence within 200m of a school a residence where children under 16 years reside engaging in stated behaviour; or taking photos of children downloading from the internet catalogues that feature child models using internet chat rooms that are primarily aimed at children being in stated employment, or a stated kind of employment, whether paid or voluntary, that is likely to bring the respondent into contact with children. employment in a cafe in the vicinity of a school door-to-door sales or collecting\n(sec.13F-ssec.2) A prohibition order may prohibit conduct— absolutely; or on the terms the court considers appropriate.\n(sec.13F-ssec.3) A prohibition order may prohibit the respondent from entering or remaining in a stated place even if the respondent has a right to enter or to be in the place.\n(sec.13F-ssec.4) If a prohibition order prohibits the respondent from entering or remaining in a place as mentioned in subsection (3) , the court must, if satisfied it is necessary to do so, ensure the prohibition order provides for the respondent to recover the respondent’s personal property from the place. A provision of a prohibition order may allow a respondent to enter a stated place between stated times, if accompanied by a police officer, to recover the respondent’s property.\n- (a) associating with, or otherwise contacting, stated persons or a stated kind of person; or Example— corresponding with other relevant sexual offenders\n- (b) being in stated locations or a stated kind of location; or Example— within 200m of a school between 7a.m. and 7p.m. on school days\n- (c) residing at a stated residence, stated residences, a stated kind of residence or a residence at a stated location; or Examples— • a residence within 200m of a school • a residence where children under 16 years reside\n- • a residence within 200m of a school\n- • a residence where children under 16 years reside\n- (d) engaging in stated behaviour; or Examples— • taking photos of children • downloading from the internet catalogues that feature child models • using internet chat rooms that are primarily aimed at children\n- • taking photos of children\n- • downloading from the internet catalogues that feature child models\n- • using internet chat rooms that are primarily aimed at children\n- (e) being in stated employment, or a stated kind of employment, whether paid or voluntary, that is likely to bring the respondent into contact with children. Examples— • employment in a cafe in the vicinity of a school • door-to-door sales or collecting\n- • employment in a cafe in the vicinity of a school\n- • door-to-door sales or collecting\n- • a residence within 200m of a school\n- • a residence where children under 16 years reside\n- • taking photos of children\n- • downloading from the internet catalogues that feature child models\n- • using internet chat rooms that are primarily aimed at children\n- • employment in a cafe in the vicinity of a school\n- • door-to-door sales or collecting\n- (a) absolutely; or\n- (b) on the terms the court considers appropriate.","sortOrder":36},{"sectionNumber":"sec.13FA","sectionType":"section","heading":"Conduct that may be required","content":"### sec.13FA Conduct that may be required\n\nA prohibition order may require the respondent to do any of the following things—\nwear a tracking device for a stated period;\ncomply with a condition the court considers necessary to facilitate the operation of a tracking device;\nreside at a particular place of residence;\nsubmit to psychological treatment;\ncomply with a condition the court considers necessary to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.\nThis section does not limit section 13F .\nIn this section—\ntracking device means an electronic device capable of being worn, and not removed, by a person for the purpose of the police service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.\ns 13FA ins 2018 No. 20 s 3G\n(sec.13FA-ssec.1) A prohibition order may require the respondent to do any of the following things— wear a tracking device for a stated period; comply with a condition the court considers necessary to facilitate the operation of a tracking device; reside at a particular place of residence; submit to psychological treatment; comply with a condition the court considers necessary to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.\n(sec.13FA-ssec.2) This section does not limit section 13F .\n(sec.13FA-ssec.3) In this section— tracking device means an electronic device capable of being worn, and not removed, by a person for the purpose of the police service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.\n- (a) wear a tracking device for a stated period;\n- (b) comply with a condition the court considers necessary to facilitate the operation of a tracking device;\n- (c) reside at a particular place of residence;\n- (d) submit to psychological treatment;\n- (e) comply with a condition the court considers necessary to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.","sortOrder":37},{"sectionNumber":"sec.13G","sectionType":"section","heading":"Term of prohibition order","content":"### sec.13G Term of prohibition order\n\nA prohibition order—\ntakes effect on the day notice of it is given to the respondent; and\nsubject to subsection (3) , remains in force for the following term—\nfor an adult respondent—5 years;\nfor a child respondent—2 years.\nSubsection (3) applies if an application for a new prohibition order for a respondent—\nis made before the end of the term of the existing prohibition order for the respondent; and\nis not decided before the day the existing prohibition order ends.\nThe existing prohibition order continues to have effect until the application for the new prohibition order is decided.\nThe term of a new prohibition order mentioned in subsection (3) starts when the term of the existing prohibition order mentioned in the subsection ends.\nThe term of the existing prohibition order ends on 30 June 2018. An application for a new prohibition order is made on 31 May 2018. The application for the new prohibition order is decided, and the new prohibition order is made, on 1 August 2018.\nUnder subsection (3) , the term of the existing prohibition order is extended until the new prohibition order is made on 1 August 2018. Although the new prohibition order takes effect on 1 August 2018 under subsection (1) , its term starts on 1 July 2018 under subsection (4) .\nIn this section—\nterm , of an existing prohibition order, does not include the period for which the existing prohibition order’s effect is continued under subsection (3) .\ns 13G ins 2017 No. 14 s 11\n(sec.13G-ssec.1) A prohibition order— takes effect on the day notice of it is given to the respondent; and subject to subsection (3) , remains in force for the following term— for an adult respondent—5 years; for a child respondent—2 years.\n(sec.13G-ssec.2) Subsection (3) applies if an application for a new prohibition order for a respondent— is made before the end of the term of the existing prohibition order for the respondent; and is not decided before the day the existing prohibition order ends.\n(sec.13G-ssec.3) The existing prohibition order continues to have effect until the application for the new prohibition order is decided.\n(sec.13G-ssec.4) The term of a new prohibition order mentioned in subsection (3) starts when the term of the existing prohibition order mentioned in the subsection ends. The term of the existing prohibition order ends on 30 June 2018. An application for a new prohibition order is made on 31 May 2018. The application for the new prohibition order is decided, and the new prohibition order is made, on 1 August 2018. Under subsection (3) , the term of the existing prohibition order is extended until the new prohibition order is made on 1 August 2018. Although the new prohibition order takes effect on 1 August 2018 under subsection (1) , its term starts on 1 July 2018 under subsection (4) .\n(sec.13G-ssec.5) In this section— term , of an existing prohibition order, does not include the period for which the existing prohibition order’s effect is continued under subsection (3) .\n- (a) takes effect on the day notice of it is given to the respondent; and\n- (b) subject to subsection (3) , remains in force for the following term— (i) for an adult respondent—5 years; (ii) for a child respondent—2 years.\n- (i) for an adult respondent—5 years;\n- (ii) for a child respondent—2 years.\n- (i) for an adult respondent—5 years;\n- (ii) for a child respondent—2 years.\n- (a) is made before the end of the term of the existing prohibition order for the respondent; and\n- (b) is not decided before the day the existing prohibition order ends.","sortOrder":38},{"sectionNumber":"sec.13H","sectionType":"section","heading":"Definition for subdivision","content":"### sec.13H Definition for subdivision\n\nIn this subdivision—\nfinal order means an order under section 13C (1) .\ns 13H ins 2017 No. 14 s 11","sortOrder":39},{"sectionNumber":"sec.13I","sectionType":"section","heading":"Applying for temporary order","content":"### sec.13I Applying for temporary order\n\nThe police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner—\nhas the belief mentioned in section 13A (1) about the person; and\nalso believes on reasonable grounds that—\nthe making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and\nthe making of the temporary order will reduce the risk.\nThe application must state—\nthe matters mentioned in section 13A (2) ; and\nwhy the police commissioner believes the temporary order is necessary.\nThe application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating—\nwhen and how the application will be made; and\nthat the respondent—\nmay be present before the magistrate when the application is made; and\nmay make submissions to the magistrate.\nThe Police Powers and Responsibilities Act 2000 , sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act.\nThe Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.\ns 13I ins 2017 No. 14 s 11\namd 2018 No. 20 s 3H\n(sec.13I-ssec.1) The police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner— has the belief mentioned in section 13A (1) about the person; and also believes on reasonable grounds that— the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and the making of the temporary order will reduce the risk.\n(sec.13I-ssec.2) The application must state— the matters mentioned in section 13A (2) ; and why the police commissioner believes the temporary order is necessary.\n(sec.13I-ssec.3) The application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating— when and how the application will be made; and that the respondent— may be present before the magistrate when the application is made; and may make submissions to the magistrate.\n(sec.13I-ssec.4) The Police Powers and Responsibilities Act 2000 , sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act. The Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.\n- (a) has the belief mentioned in section 13A (1) about the person; and\n- (b) also believes on reasonable grounds that— (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and (ii) the making of the temporary order will reduce the risk.\n- (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (ii) the making of the temporary order will reduce the risk.\n- (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and\n- (ii) the making of the temporary order will reduce the risk.\n- (a) the matters mentioned in section 13A (2) ; and\n- (b) why the police commissioner believes the temporary order is necessary.\n- (a) when and how the application will be made; and\n- (b) that the respondent— (i) may be present before the magistrate when the application is made; and (ii) may make submissions to the magistrate.\n- (i) may be present before the magistrate when the application is made; and\n- (ii) may make submissions to the magistrate.\n- (i) may be present before the magistrate when the application is made; and\n- (ii) may make submissions to the magistrate.","sortOrder":40},{"sectionNumber":"sec.13J","sectionType":"section","heading":"Temporary order made by magistrate","content":"### sec.13J Temporary order made by magistrate\n\nA magistrate may make a temporary order if the magistrate is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) .\nFor subsection (1) —\nthe reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and\nit is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and\nsections 13C (2) , (4) and (5) , 13D and 13E do not apply.\nAlso, for subsection (1) , if the application for the temporary order is made without notice being given to the respondent, the magistrate may not make the temporary order unless the magistrate considers it necessary to make the temporary order without notice to the respondent in the particular circumstances of the case.\nThe temporary order need only be supported by information the magistrate considers sufficient and appropriate having regard to the temporary nature of the temporary order.\noral submissions, rather than evidence on oath\nWhen the magistrate makes the temporary order, the magistrate must fix a return date, time and place for an application for a final order.\nOn the making of the temporary order, the police commissioner must immediately start a proceeding under section 13B (1) for the final order.\nThe date, time and place stated in the appearance notice for the final order must be the date, time and place fixed under subsection (5) .\ns 13J ins 2017 No. 14 s 11\n(sec.13J-ssec.1) A magistrate may make a temporary order if the magistrate is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) .\n(sec.13J-ssec.2) For subsection (1) — the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and sections 13C (2) , (4) and (5) , 13D and 13E do not apply.\n(sec.13J-ssec.3) Also, for subsection (1) , if the application for the temporary order is made without notice being given to the respondent, the magistrate may not make the temporary order unless the magistrate considers it necessary to make the temporary order without notice to the respondent in the particular circumstances of the case.\n(sec.13J-ssec.4) The temporary order need only be supported by information the magistrate considers sufficient and appropriate having regard to the temporary nature of the temporary order. oral submissions, rather than evidence on oath\n(sec.13J-ssec.5) When the magistrate makes the temporary order, the magistrate must fix a return date, time and place for an application for a final order.\n(sec.13J-ssec.6) On the making of the temporary order, the police commissioner must immediately start a proceeding under section 13B (1) for the final order.\n(sec.13J-ssec.7) The date, time and place stated in the appearance notice for the final order must be the date, time and place fixed under subsection (5) .\n- (a) the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and\n- (b) it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and\n- (c) sections 13C (2) , (4) and (5) , 13D and 13E do not apply.","sortOrder":41},{"sectionNumber":"sec.13K","sectionType":"section","heading":"Temporary order made by court","content":"### sec.13K Temporary order made by court\n\nDuring a proceeding for a final order for a respondent, the court must, on its own initiative or on application by a party to the proceeding, decide whether to make a temporary order for the respondent.\nHowever, the court may only make the temporary order if the court—\nis satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) ; and\nafter the temporary order is made, adjourns the proceedings.\nFor subsection (2) (a) —\nthe reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and\nit is not necessary for the court to be able to identify a risk to a particular child or particular children; and\nsections 13C (2) , (4) and (5) , 13D and 13E do not apply.\nThe temporary order need only be supported by information the court considers sufficient and appropriate having regard to the temporary nature of the temporary order.\nThe temporary order may be made in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B (3) .\ns 13K ins 2017 No. 14 s 11\n(sec.13K-ssec.1) During a proceeding for a final order for a respondent, the court must, on its own initiative or on application by a party to the proceeding, decide whether to make a temporary order for the respondent.\n(sec.13K-ssec.2) However, the court may only make the temporary order if the court— is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) ; and after the temporary order is made, adjourns the proceedings.\n(sec.13K-ssec.3) For subsection (2) (a) — the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and it is not necessary for the court to be able to identify a risk to a particular child or particular children; and sections 13C (2) , (4) and (5) , 13D and 13E do not apply.\n(sec.13K-ssec.4) The temporary order need only be supported by information the court considers sufficient and appropriate having regard to the temporary nature of the temporary order.\n(sec.13K-ssec.5) The temporary order may be made in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B (3) .\n- (a) is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) ; and\n- (b) after the temporary order is made, adjourns the proceedings.\n- (a) the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and\n- (b) it is not necessary for the court to be able to identify a risk to a particular child or particular children; and\n- (c) sections 13C (2) , (4) and (5) , 13D and 13E do not apply.","sortOrder":42},{"sectionNumber":"sec.13L","sectionType":"section","heading":"Conduct that may be prohibited","content":"### sec.13L Conduct that may be prohibited\n\nSection 13F applies to a temporary order as if—\na reference in the section to a prohibition order were a reference to a temporary order; and\na reference in the section to the court included, for section 13J a reference to a magistrate.\ns 13L ins 2017 No. 14 s 11\n- (a) a reference in the section to a prohibition order were a reference to a temporary order; and\n- (b) a reference in the section to the court included, for section 13J a reference to a magistrate.","sortOrder":43},{"sectionNumber":"sec.13LA","sectionType":"section","heading":"Conduct that may be required","content":"### sec.13LA Conduct that may be required\n\nSection 13FA applies to a temporary order as if—\na reference in the section to a prohibition order were a reference to a temporary order; and\na reference in the section to the court included, for section 13J , a reference to a magistrate.\ns 13LA ins 2018 No. 20 s 3I\n- (a) a reference in the section to a prohibition order were a reference to a temporary order; and\n- (b) a reference in the section to the court included, for section 13J , a reference to a magistrate.","sortOrder":44},{"sectionNumber":"sec.13M","sectionType":"section","heading":"Term of temporary order","content":"### sec.13M Term of temporary order\n\nA temporary order takes effect—\nif the respondent is present before the magistrate or court when the temporary order is made—when it is made; or\nif the respondent is not present before the magistrate or court when the temporary order is made—when a copy of the temporary order is served on the respondent under section 13S (2) .\nThe temporary order remains in force until whichever of the following happens first—\nif the temporary order is made under section 13J —a proceeding for a final order is not started by the return date and time fixed by a magistrate under section 13J (5) ;\nthe application for the final order is next mentioned in a court and the court does not extend the term of the temporary order under section 13N ;\nthe prescribed period ends;\na court decides the application for the final order;\nthe police commissioner discontinues the application for the final order;\nthe temporary order is revoked under section 13Q or on appeal.\nIn this section—\nfinal order means a final order for the respondent for the temporary order.\nprescribed period means—\nthe period for which the temporary order is extended under section 13N ; or\notherwise—28 days.\ns 13M ins 2017 No. 14 s 11\n(sec.13M-ssec.1) A temporary order takes effect— if the respondent is present before the magistrate or court when the temporary order is made—when it is made; or if the respondent is not present before the magistrate or court when the temporary order is made—when a copy of the temporary order is served on the respondent under section 13S (2) .\n(sec.13M-ssec.2) The temporary order remains in force until whichever of the following happens first— if the temporary order is made under section 13J —a proceeding for a final order is not started by the return date and time fixed by a magistrate under section 13J (5) ; the application for the final order is next mentioned in a court and the court does not extend the term of the temporary order under section 13N ; the prescribed period ends; a court decides the application for the final order; the police commissioner discontinues the application for the final order; the temporary order is revoked under section 13Q or on appeal.\n(sec.13M-ssec.3) In this section— final order means a final order for the respondent for the temporary order. prescribed period means— the period for which the temporary order is extended under section 13N ; or otherwise—28 days.\n- (a) if the respondent is present before the magistrate or court when the temporary order is made—when it is made; or\n- (b) if the respondent is not present before the magistrate or court when the temporary order is made—when a copy of the temporary order is served on the respondent under section 13S (2) .\n- (a) if the temporary order is made under section 13J —a proceeding for a final order is not started by the return date and time fixed by a magistrate under section 13J (5) ;\n- (b) the application for the final order is next mentioned in a court and the court does not extend the term of the temporary order under section 13N ;\n- (c) the prescribed period ends;\n- (d) a court decides the application for the final order;\n- (e) the police commissioner discontinues the application for the final order;\n- (f) the temporary order is revoked under section 13Q or on appeal.\n- (a) the period for which the temporary order is extended under section 13N ; or\n- (b) otherwise—28 days.","sortOrder":45},{"sectionNumber":"sec.13N","sectionType":"section","heading":"Extending temporary order if application for final order adjourned","content":"### sec.13N Extending temporary order if application for final order adjourned\n\nThis section applies if—\na temporary order is in force for the respondent to an application for a final order; and\nthe court adjourns the application; and\nthe temporary order will end before the application is decided.\nThe court may, on application or on its own initiative, extend the temporary order for not more than 28 days, or a longer period to which the respondent consents.\nThe temporary order may be extended in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B (3) .\ns 13N ins 2017 No. 14 s 11\n(sec.13N-ssec.1) This section applies if— a temporary order is in force for the respondent to an application for a final order; and the court adjourns the application; and the temporary order will end before the application is decided.\n(sec.13N-ssec.2) The court may, on application or on its own initiative, extend the temporary order for not more than 28 days, or a longer period to which the respondent consents.\n(sec.13N-ssec.3) The temporary order may be extended in the respondent’s absence if the court is satisfied application documents for the final order were served on the respondent under section 13B (3) .\n- (a) a temporary order is in force for the respondent to an application for a final order; and\n- (b) the court adjourns the application; and\n- (c) the temporary order will end before the application is decided.","sortOrder":46},{"sectionNumber":"sec.13O","sectionType":"section","heading":"Who may be present at hearing of application","content":"### sec.13O Who may be present at hearing of application\n\nA magistrate or court hearing an application for an offender prohibition order must hear the application in the presence of only—\nthe applicant; and\nunless the application is heard in the respondent’s absence—the respondent; and\nany witness the magistrate or court allows for the application; and\nanother person the magistrate or court considers appropriate to be present and allows to be present; and\na parent of a child respondent\nanother person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present\na person conducting relevant academic or scientific research\na lawyer representing anyone mentioned in paragraph (a) , (b) or (c) ; and\na person whose presence the magistrate or court considers is necessary or desirable for the proper conduct of the proceedings.\na recorder performing a function under the Recording of Evidence Act 1962\nThis section does not limit the Police Service Administration Act 1990 , section 10 .24.\nThe Police Service Administration Act 1990 , section 10 .24 provides for the representation of police officers in court.\ns 13O ins 2017 No. 14 s 11\n(sec.13O-ssec.1) A magistrate or court hearing an application for an offender prohibition order must hear the application in the presence of only— the applicant; and unless the application is heard in the respondent’s absence—the respondent; and any witness the magistrate or court allows for the application; and another person the magistrate or court considers appropriate to be present and allows to be present; and a parent of a child respondent another person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present a person conducting relevant academic or scientific research a lawyer representing anyone mentioned in paragraph (a) , (b) or (c) ; and a person whose presence the magistrate or court considers is necessary or desirable for the proper conduct of the proceedings. a recorder performing a function under the Recording of Evidence Act 1962\n(sec.13O-ssec.2) This section does not limit the Police Service Administration Act 1990 , section 10 .24. The Police Service Administration Act 1990 , section 10 .24 provides for the representation of police officers in court.\n- (a) the applicant; and\n- (b) unless the application is heard in the respondent’s absence—the respondent; and\n- (c) any witness the magistrate or court allows for the application; and\n- (d) another person the magistrate or court considers appropriate to be present and allows to be present; and Examples— • a parent of a child respondent • another person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present • a person conducting relevant academic or scientific research\n- • a parent of a child respondent\n- • another person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present\n- • a person conducting relevant academic or scientific research\n- (e) a lawyer representing anyone mentioned in paragraph (a) , (b) or (c) ; and\n- (f) a person whose presence the magistrate or court considers is necessary or desirable for the proper conduct of the proceedings. Example— a recorder performing a function under the Recording of Evidence Act 1962\n- • a parent of a child respondent\n- • another person who is able to provide cultural or emotional support for the respondent, or for a witness whom the magistrate or court has allowed to be present\n- • a person conducting relevant academic or scientific research","sortOrder":47},{"sectionNumber":"sec.13P","sectionType":"section","heading":"Making order for adult respondent by consent","content":"### sec.13P Making order for adult respondent by consent\n\nThis section applies if an application is made to a magistrate or court for an order under this part for an adult respondent.\nThe magistrate or court may make the order if the applicant and the respondent consent to the making of the order.\nThe court may make an offender prohibition order with the consent of the applicant and the respondent without being satisfied of the matters stated in section 13C , or considering the matters mentioned in section 13D , unless the court considers it is not in the interests of justice to do so.\nIn considering the interests of justice for subsection (3) , the matters to which the court may have regard include—\nwhether the respondent has obtained legal advice about the proposed offender prohibition order; and\nwhether the respondent—\nhas an intellectual disability or cognitive impairment; or\nan acquired brain injury, Alzheimer’s disease or dementia\nhas a significant mental illness that requires ongoing treatment by a psychiatrist; or\nhas an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or\nis a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or\nis illiterate, or is not literate in the English language; or\na person from a non-English speaking background\nis subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.\nThis section does not limit the magistrate’s or court’s power under section 13C , 13J , 13K or 13Q .\ns 13P ins 2017 No. 14 s 11\n(sec.13P-ssec.1) This section applies if an application is made to a magistrate or court for an order under this part for an adult respondent.\n(sec.13P-ssec.2) The magistrate or court may make the order if the applicant and the respondent consent to the making of the order.\n(sec.13P-ssec.3) The court may make an offender prohibition order with the consent of the applicant and the respondent without being satisfied of the matters stated in section 13C , or considering the matters mentioned in section 13D , unless the court considers it is not in the interests of justice to do so.\n(sec.13P-ssec.4) In considering the interests of justice for subsection (3) , the matters to which the court may have regard include— whether the respondent has obtained legal advice about the proposed offender prohibition order; and whether the respondent— has an intellectual disability or cognitive impairment; or an acquired brain injury, Alzheimer’s disease or dementia has a significant mental illness that requires ongoing treatment by a psychiatrist; or has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or is illiterate, or is not literate in the English language; or a person from a non-English speaking background is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.\n(sec.13P-ssec.5) This section does not limit the magistrate’s or court’s power under section 13C , 13J , 13K or 13Q .\n- (a) whether the respondent has obtained legal advice about the proposed offender prohibition order; and\n- (b) whether the respondent— (i) has an intellectual disability or cognitive impairment; or Examples— an acquired brain injury, Alzheimer’s disease or dementia (ii) has a significant mental illness that requires ongoing treatment by a psychiatrist; or (iii) has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or (iv) is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or (v) is illiterate, or is not literate in the English language; or Example— a person from a non-English speaking background (vi) is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.\n- (i) has an intellectual disability or cognitive impairment; or Examples— an acquired brain injury, Alzheimer’s disease or dementia\n- (ii) has a significant mental illness that requires ongoing treatment by a psychiatrist; or\n- (iii) has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or\n- (iv) is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or\n- (v) is illiterate, or is not literate in the English language; or Example— a person from a non-English speaking background\n- (vi) is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.\n- (i) has an intellectual disability or cognitive impairment; or Examples— an acquired brain injury, Alzheimer’s disease or dementia\n- (ii) has a significant mental illness that requires ongoing treatment by a psychiatrist; or\n- (iii) has an alcohol or drug addiction that impairs the respondent’s decision-making ability or has caused the respondent to be hospitalised; or\n- (iv) is a person for whom an order appointing a guardian is in force under the Guardianship and Administration Act 2000 ; or\n- (v) is illiterate, or is not literate in the English language; or Example— a person from a non-English speaking background\n- (vi) is subject to some other condition preventing the respondent from understanding the effect of consenting to the proposed offender prohibition order being made.","sortOrder":48},{"sectionNumber":"sec.13Q","sectionType":"section","heading":"Varying or revoking offender prohibition order","content":"### sec.13Q Varying or revoking offender prohibition order\n\nThe police commissioner, or the respondent, may apply to the court under the relevant rules of court for the variation or revocation of an offender prohibition order.\nHowever, other than in relation to an offender prohibition order made in the respondent’s absence, the respondent may only make an application under subsection (1) with the court’s leave.\nThe court may grant the leave if satisfied—\nit is in the interests of justice, having regard to changes in the respondent’s circumstances, or circumstances affecting the respondent, since the prohibition order was made or last varied; or\nthe respondent’s accommodation, employment, health, cultural or social needs\nUnder the prohibition order, the respondent is prohibited from going within a stated distance of stated premises and the premises have closed down since the prohibition order was made.\nit is appropriate on compassionate grounds, including having regard to the respondent’s culturally specific needs.\nto visit a relative who is seriously ill\nto attend a relative’s funeral\nIn deciding the application, the court must have regard to—\nthe matters mentioned in sections 13C and 13D , to the extent the magistrate or court that made the offender prohibition order was required to have regard to those matters; and\nany changes in the respondent’s circumstances since the offender prohibition order was made or last varied.\nA variation takes effect—\nif the respondent is present in court when the variation is made—when it is made; or\nif the respondent is not present in court when the variation is made—when a copy of the order varying the offender prohibition order is served on the respondent under section 13S (2) .\nA revocation takes effect when it is made.\ns 13Q ins 2017 No. 14 s 11\n(sec.13Q-ssec.1) The police commissioner, or the respondent, may apply to the court under the relevant rules of court for the variation or revocation of an offender prohibition order.\n(sec.13Q-ssec.2) However, other than in relation to an offender prohibition order made in the respondent’s absence, the respondent may only make an application under subsection (1) with the court’s leave.\n(sec.13Q-ssec.3) The court may grant the leave if satisfied— it is in the interests of justice, having regard to changes in the respondent’s circumstances, or circumstances affecting the respondent, since the prohibition order was made or last varied; or the respondent’s accommodation, employment, health, cultural or social needs Under the prohibition order, the respondent is prohibited from going within a stated distance of stated premises and the premises have closed down since the prohibition order was made. it is appropriate on compassionate grounds, including having regard to the respondent’s culturally specific needs. to visit a relative who is seriously ill to attend a relative’s funeral\n(sec.13Q-ssec.4) In deciding the application, the court must have regard to— the matters mentioned in sections 13C and 13D , to the extent the magistrate or court that made the offender prohibition order was required to have regard to those matters; and any changes in the respondent’s circumstances since the offender prohibition order was made or last varied.\n(sec.13Q-ssec.5) A variation takes effect— if the respondent is present in court when the variation is made—when it is made; or if the respondent is not present in court when the variation is made—when a copy of the order varying the offender prohibition order is served on the respondent under section 13S (2) .\n(sec.13Q-ssec.6) A revocation takes effect when it is made.\n- (a) it is in the interests of justice, having regard to changes in the respondent’s circumstances, or circumstances affecting the respondent, since the prohibition order was made or last varied; or Example of the respondent’s circumstances— the respondent’s accommodation, employment, health, cultural or social needs Example of circumstances affecting the respondent— Under the prohibition order, the respondent is prohibited from going within a stated distance of stated premises and the premises have closed down since the prohibition order was made.\n- (b) it is appropriate on compassionate grounds, including having regard to the respondent’s culturally specific needs. Examples— • to visit a relative who is seriously ill • to attend a relative’s funeral\n- • to visit a relative who is seriously ill\n- • to attend a relative’s funeral\n- • to visit a relative who is seriously ill\n- • to attend a relative’s funeral\n- (a) the matters mentioned in sections 13C and 13D , to the extent the magistrate or court that made the offender prohibition order was required to have regard to those matters; and\n- (b) any changes in the respondent’s circumstances since the offender prohibition order was made or last varied.\n- (a) if the respondent is present in court when the variation is made—when it is made; or\n- (b) if the respondent is not present in court when the variation is made—when a copy of the order varying the offender prohibition order is served on the respondent under section 13S (2) .","sortOrder":49},{"sectionNumber":"sec.13R","sectionType":"section","heading":"Explaining and giving notice of offender prohibition order to respondent","content":"### sec.13R Explaining and giving notice of offender prohibition order to respondent\n\nSubsection (2) applies if the respondent is present before—\na magistrate when the magistrate makes an offender prohibition order; or\na court when the court makes or varies an offender prohibition order.\nThe magistrate or court must ensure all reasonable steps are taken to explain to the respondent in language likely to be understood by the respondent—\nthe respondent’s obligations under the offender prohibition order or variation; and\nthe consequences that may follow if the respondent fails to comply with the obligations.\nAlso, subsection (4) applies if the respondent was not a reportable offender immediately before the offender prohibition order was made.\nAs soon as practicable after the offender prohibition order is made, the police commissioner must give the respondent an initial reporting obligations notice.\nSubsection (4) applies despite section 54 (4) .\nFailure to comply with subsection (2) or (4) does not affect the validity of the offender prohibition order.\ns 13R ins 2017 No. 14 s 11\namd 2023 No. 21 s 5\n(sec.13R-ssec.1) Subsection (2) applies if the respondent is present before— a magistrate when the magistrate makes an offender prohibition order; or a court when the court makes or varies an offender prohibition order.\n(sec.13R-ssec.2) The magistrate or court must ensure all reasonable steps are taken to explain to the respondent in language likely to be understood by the respondent— the respondent’s obligations under the offender prohibition order or variation; and the consequences that may follow if the respondent fails to comply with the obligations.\n(sec.13R-ssec.3) Also, subsection (4) applies if the respondent was not a reportable offender immediately before the offender prohibition order was made.\n(sec.13R-ssec.4) As soon as practicable after the offender prohibition order is made, the police commissioner must give the respondent an initial reporting obligations notice.\n(sec.13R-ssec.5) Subsection (4) applies despite section 54 (4) .\n(sec.13R-ssec.6) Failure to comply with subsection (2) or (4) does not affect the validity of the offender prohibition order.\n- (a) a magistrate when the magistrate makes an offender prohibition order; or\n- (b) a court when the court makes or varies an offender prohibition order.\n- (a) the respondent’s obligations under the offender prohibition order or variation; and\n- (b) the consequences that may follow if the respondent fails to comply with the obligations.","sortOrder":50},{"sectionNumber":"sec.13S","sectionType":"section","heading":"Giving respondent copy of offender prohibition order dealt with in respondent’s absence","content":"### sec.13S Giving respondent copy of offender prohibition order dealt with in respondent’s absence\n\nThis section applies if a magistrate or court makes, varies or revokes an offender prohibition order in the respondent’s absence.\nA police officer must serve the respondent with the documents mentioned in subsections (3) and (4) .\nFor further provisions about service, see section 13ZL .\nIn each case, the respondent must be served with a copy of the order making, varying or revoking the offender prohibition order.\nAlso, if the magistrate or court makes an offender prohibition order, the respondent must be served with—\na notice stating that, if a law of another jurisdiction provides for registration of the offender prohibition order under corresponding provisions, the offender prohibition order may be registered in the other jurisdiction; and\nif the respondent was not a reportable offender immediately before the offender prohibition order was made—an initial reporting obligations notice in relation to the respondent as a reportable offender.\nAlso, for a child respondent, the police commissioner must, as soon as practicable after the magistrate or court makes, varies or revokes the offender prohibition order, give a copy of the court’s or magistrate’s order to—\nthe chief executive (child safety), if the offender prohibition order is likely to result in the child respondent needing to change the child respondent’s place of residence; and\na parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\nFailure to comply with any of subsections (2) to (5) does not affect the validity of the offender prohibition order.\nIn this section—\ncorresponding provisions means provisions corresponding to division 2 .\ns 13S ins 2017 No. 14 s 11\namd 2023 No. 21 s 6\n(sec.13S-ssec.1) This section applies if a magistrate or court makes, varies or revokes an offender prohibition order in the respondent’s absence.\n(sec.13S-ssec.2) A police officer must serve the respondent with the documents mentioned in subsections (3) and (4) . For further provisions about service, see section 13ZL .\n(sec.13S-ssec.3) In each case, the respondent must be served with a copy of the order making, varying or revoking the offender prohibition order.\n(sec.13S-ssec.4) Also, if the magistrate or court makes an offender prohibition order, the respondent must be served with— a notice stating that, if a law of another jurisdiction provides for registration of the offender prohibition order under corresponding provisions, the offender prohibition order may be registered in the other jurisdiction; and if the respondent was not a reportable offender immediately before the offender prohibition order was made—an initial reporting obligations notice in relation to the respondent as a reportable offender.\n(sec.13S-ssec.5) Also, for a child respondent, the police commissioner must, as soon as practicable after the magistrate or court makes, varies or revokes the offender prohibition order, give a copy of the court’s or magistrate’s order to— the chief executive (child safety), if the offender prohibition order is likely to result in the child respondent needing to change the child respondent’s place of residence; and a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\n(sec.13S-ssec.6) Failure to comply with any of subsections (2) to (5) does not affect the validity of the offender prohibition order.\n(sec.13S-ssec.7) In this section— corresponding provisions means provisions corresponding to division 2 .\n- (a) a notice stating that, if a law of another jurisdiction provides for registration of the offender prohibition order under corresponding provisions, the offender prohibition order may be registered in the other jurisdiction; and\n- (b) if the respondent was not a reportable offender immediately before the offender prohibition order was made—an initial reporting obligations notice in relation to the respondent as a reportable offender.\n- (a) the chief executive (child safety), if the offender prohibition order is likely to result in the child respondent needing to change the child respondent’s place of residence; and\n- (b) a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.","sortOrder":51},{"sectionNumber":"sec.13T","sectionType":"section","heading":"Making disqualification order instead of temporary order","content":"### sec.13T Making disqualification order instead of temporary order\n\nThis section applies if—\na magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or\na court hearing an application for an offender prohibition order (also the relevant application ) for a person—\nhas not made a final order for the person; and\ndecides not to make a temporary order for the person under section 13K .\nThe magistrate or court must consider whether to make an order ( disqualification order ) in relation to the person stating the person may not—\nhold a working with children authority; or\nmake a working with children check application.\nHowever, the magistrate or court may make the disqualification order only if the magistrate or court considers it would not be in the interests of children for the chief executive (justice) to issue a working with children authority to the person.\nThe following provisions apply to the making of the disqualification order—\nif the relevant application is made under section 13I — section 13J (3) to (7) ;\nif the relevant application is made under section 13K — section 13K (4) and (5) .\nThe provisions mentioned in subsection (4) apply for that subsection as if—\na reference in the provisions to the respondent were a reference to the person; and\na reference in the provisions to a temporary order were a reference to the disqualification order.\nIf the magistrate or court makes the disqualification order in the person’s absence, a police officer must serve the person with a copy of the disqualification order.\ns 13T ins 2017 No. 14 s 11\namd 2019 No. 18 s 86 (2) sch 2\n(sec.13T-ssec.1) This section applies if— a magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or a court hearing an application for an offender prohibition order (also the relevant application ) for a person— has not made a final order for the person; and decides not to make a temporary order for the person under section 13K .\n(sec.13T-ssec.2) The magistrate or court must consider whether to make an order ( disqualification order ) in relation to the person stating the person may not— hold a working with children authority; or make a working with children check application.\n(sec.13T-ssec.3) However, the magistrate or court may make the disqualification order only if the magistrate or court considers it would not be in the interests of children for the chief executive (justice) to issue a working with children authority to the person.\n(sec.13T-ssec.4) The following provisions apply to the making of the disqualification order— if the relevant application is made under section 13I — section 13J (3) to (7) ; if the relevant application is made under section 13K — section 13K (4) and (5) .\n(sec.13T-ssec.5) The provisions mentioned in subsection (4) apply for that subsection as if— a reference in the provisions to the respondent were a reference to the person; and a reference in the provisions to a temporary order were a reference to the disqualification order.\n(sec.13T-ssec.6) If the magistrate or court makes the disqualification order in the person’s absence, a police officer must serve the person with a copy of the disqualification order.\n- (a) a magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or\n- (b) a court hearing an application for an offender prohibition order (also the relevant application ) for a person— (i) has not made a final order for the person; and (ii) decides not to make a temporary order for the person under section 13K .\n- (i) has not made a final order for the person; and\n- (ii) decides not to make a temporary order for the person under section 13K .\n- (i) has not made a final order for the person; and\n- (ii) decides not to make a temporary order for the person under section 13K .\n- (a) hold a working with children authority; or\n- (b) make a working with children check application.\n- (a) if the relevant application is made under section 13I — section 13J (3) to (7) ;\n- (b) if the relevant application is made under section 13K — section 13K (4) and (5) .\n- (a) a reference in the provisions to the respondent were a reference to the person; and\n- (b) a reference in the provisions to a temporary order were a reference to the disqualification order.","sortOrder":52},{"sectionNumber":"sec.13U","sectionType":"section","heading":"Term of disqualification order","content":"### sec.13U Term of disqualification order\n\nA disqualification order takes effect—\nif the person who is subject to the disqualification order is present before the magistrate or court when the disqualification order is made—when it is made; or\nif the person who is subject to the disqualification order is not present before the magistrate or court when the disqualification order is made—when a copy of the disqualification order is served on the person under section 13T (6) .\nThe disqualification order remains in force until whichever of the following happens first—\nif the disqualification order is made by a magistrate hearing an application for a temporary order under section 13J —a proceeding for a final order is not started by the return date and time fixed by the magistrate under section 13J (5) ;\nthe application for the final order is next mentioned in a court and the court does not extend the term of the disqualification order under section 13V ;\nthe prescribed period ends;\na court decides the application for the final order;\nthe police commissioner discontinues the application for the final order;\nthe disqualification order is revoked under section 13W .\nIn this section—\nfinal order means a final order for the person.\nprescribed period means—\nthe period for which the disqualification order is extended under section 13V ; or\notherwise—28 days.\ns 13U ins 2017 No. 14 s 11\n(sec.13U-ssec.1) A disqualification order takes effect— if the person who is subject to the disqualification order is present before the magistrate or court when the disqualification order is made—when it is made; or if the person who is subject to the disqualification order is not present before the magistrate or court when the disqualification order is made—when a copy of the disqualification order is served on the person under section 13T (6) .\n(sec.13U-ssec.2) The disqualification order remains in force until whichever of the following happens first— if the disqualification order is made by a magistrate hearing an application for a temporary order under section 13J —a proceeding for a final order is not started by the return date and time fixed by the magistrate under section 13J (5) ; the application for the final order is next mentioned in a court and the court does not extend the term of the disqualification order under section 13V ; the prescribed period ends; a court decides the application for the final order; the police commissioner discontinues the application for the final order; the disqualification order is revoked under section 13W .\n(sec.13U-ssec.3) In this section— final order means a final order for the person. prescribed period means— the period for which the disqualification order is extended under section 13V ; or otherwise—28 days.\n- (a) if the person who is subject to the disqualification order is present before the magistrate or court when the disqualification order is made—when it is made; or\n- (b) if the person who is subject to the disqualification order is not present before the magistrate or court when the disqualification order is made—when a copy of the disqualification order is served on the person under section 13T (6) .\n- (a) if the disqualification order is made by a magistrate hearing an application for a temporary order under section 13J —a proceeding for a final order is not started by the return date and time fixed by the magistrate under section 13J (5) ;\n- (b) the application for the final order is next mentioned in a court and the court does not extend the term of the disqualification order under section 13V ;\n- (c) the prescribed period ends;\n- (d) a court decides the application for the final order;\n- (e) the police commissioner discontinues the application for the final order;\n- (f) the disqualification order is revoked under section 13W .\n- (a) the period for which the disqualification order is extended under section 13V ; or\n- (b) otherwise—28 days.","sortOrder":53},{"sectionNumber":"sec.13V","sectionType":"section","heading":"Extending disqualification order if application for final order adjourned","content":"### sec.13V Extending disqualification order if application for final order adjourned\n\nSection 13N applies in relation to a disqualification order as if—\na reference in the section to a temporary order were a reference to the disqualification order; and\na reference in the section to the respondent were a reference to the person who is subject to the disqualification order.\ns 13V ins 2017 No. 14 s 11\n- (a) a reference in the section to a temporary order were a reference to the disqualification order; and\n- (b) a reference in the section to the respondent were a reference to the person who is subject to the disqualification order.","sortOrder":54},{"sectionNumber":"sec.13W","sectionType":"section","heading":"Revoking disqualification order","content":"### sec.13W Revoking disqualification order\n\nA person who is subject to a disqualification order may apply to the court under the relevant rules of court for revocation of the disqualification order.\nHowever, other than in relation to a disqualification order made in the person’s absence, the person may only make an application under subsection (1) with the court’s leave.\nThe court may grant the leave if satisfied it is in the interests of justice to do so.\nIn deciding the application, the court must have regard to whether it would be in the best interests of children for the chief executive (justice) to issue a working with children authority to the person.\nA revocation takes effect when it is made.\ns 13W ins 2017 No. 14 s 11\namd 2019 No. 18 s 86 (2) sch 2\n(sec.13W-ssec.1) A person who is subject to a disqualification order may apply to the court under the relevant rules of court for revocation of the disqualification order.\n(sec.13W-ssec.2) However, other than in relation to a disqualification order made in the person’s absence, the person may only make an application under subsection (1) with the court’s leave.\n(sec.13W-ssec.3) The court may grant the leave if satisfied it is in the interests of justice to do so.\n(sec.13W-ssec.4) In deciding the application, the court must have regard to whether it would be in the best interests of children for the chief executive (justice) to issue a working with children authority to the person.\n(sec.13W-ssec.5) A revocation takes effect when it is made.","sortOrder":55},{"sectionNumber":"sec.13X","sectionType":"section","heading":"Costs","content":"### sec.13X Costs\n\nA court must not award costs on an application for an offender prohibition order or for a variation or revocation of an offender prohibition order unless the court dismisses the application as frivolous or vexatious or another abuse of process.\ns 13X ins 2017 No. 14 s 11","sortOrder":56},{"sectionNumber":"pt.3A-div.2","sectionType":"division","heading":"Corresponding orders","content":"## Corresponding orders","sortOrder":57},{"sectionNumber":"sec.13Y","sectionType":"section","heading":"Application for registration of corresponding order in Queensland","content":"### sec.13Y Application for registration of corresponding order in Queensland\n\nThe police commissioner may apply in the approved form to the registrar of a Magistrates Court (the registrar ) for the registration of a corresponding order.\ns 13Y ins 2017 No. 14 s 11","sortOrder":58},{"sectionNumber":"sec.13Z","sectionType":"section","heading":"Registration of corresponding order","content":"### sec.13Z Registration of corresponding order\n\nThis section applies if the registrar is satisfied—\nthe corresponding order is in force; and\nthe corresponding order was served on the person against whom it was made under the law of the jurisdiction where the corresponding order was made.\nSubject to subsections (3) and (10) , the registrar must register the corresponding order.\nThe registrar must refer the corresponding order to the court for adaptation or modification for its effective operation in the State if—\nthe registrar believes it is necessary to do so; or\nthe police commissioner asks the registrar to do so.\nIf the corresponding order is referred to the court, a police officer must serve a copy of the application for registration of the corresponding order and an appearance notice on the respondent.\nThe application may be heard in the respondent’s absence if the court is satisfied a copy of the application and an appearance notice were served on the respondent under subsection (4) .\nHowever, the court may, at any time before deciding the application, direct the police commissioner to give a further appearance notice to the respondent.\nSection 13O applies to the hearing for the variation of the corresponding order as if the hearing were a hearing for an offender prohibition order.\nThe court may vary the corresponding order for the purposes of its registration by adapting or modifying it in a way the court considers necessary or desirable for its effective operation in the State.\nFor varying the corresponding order as mentioned in subsection (8) , the court must consider—\nanything that may be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\nany changes in the respondent’s circumstances since the corresponding order was made.\nThe registrar must register the corresponding order as varied by the court.\nA registered corresponding order is registered for the period during which the corresponding order, as originally made, is in force.\nA regulation may—\nprescribe the way the registrar is to register a corresponding order or a varied corresponding order; and\nprovide for the keeping of the register and access to it.\nIn this section—\nappearance notice means a notice, in the approved form, stating the following in relation to a corresponding order—\nthat an application for the registration of the corresponding order has been referred to the court;\nwhen and where the application is to be heard;\nthat the respondent is required to appear at the hearing;\nthat the court may register the corresponding order, or the corresponding order as varied by the court, in the respondent’s absence if the respondent fails to appear at the hearing.\ns 13Z ins 2017 No. 14 s 11\n(sec.13Z-ssec.1) This section applies if the registrar is satisfied— the corresponding order is in force; and the corresponding order was served on the person against whom it was made under the law of the jurisdiction where the corresponding order was made.\n(sec.13Z-ssec.2) Subject to subsections (3) and (10) , the registrar must register the corresponding order.\n(sec.13Z-ssec.3) The registrar must refer the corresponding order to the court for adaptation or modification for its effective operation in the State if— the registrar believes it is necessary to do so; or the police commissioner asks the registrar to do so.\n(sec.13Z-ssec.4) If the corresponding order is referred to the court, a police officer must serve a copy of the application for registration of the corresponding order and an appearance notice on the respondent.\n(sec.13Z-ssec.5) The application may be heard in the respondent’s absence if the court is satisfied a copy of the application and an appearance notice were served on the respondent under subsection (4) .\n(sec.13Z-ssec.6) However, the court may, at any time before deciding the application, direct the police commissioner to give a further appearance notice to the respondent.\n(sec.13Z-ssec.7) Section 13O applies to the hearing for the variation of the corresponding order as if the hearing were a hearing for an offender prohibition order.\n(sec.13Z-ssec.8) The court may vary the corresponding order for the purposes of its registration by adapting or modifying it in a way the court considers necessary or desirable for its effective operation in the State.\n(sec.13Z-ssec.9) For varying the corresponding order as mentioned in subsection (8) , the court must consider— anything that may be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and any changes in the respondent’s circumstances since the corresponding order was made.\n(sec.13Z-ssec.10) The registrar must register the corresponding order as varied by the court.\n(sec.13Z-ssec.11) A registered corresponding order is registered for the period during which the corresponding order, as originally made, is in force.\n(sec.13Z-ssec.12) A regulation may— prescribe the way the registrar is to register a corresponding order or a varied corresponding order; and provide for the keeping of the register and access to it.\n(sec.13Z-ssec.13) In this section— appearance notice means a notice, in the approved form, stating the following in relation to a corresponding order— that an application for the registration of the corresponding order has been referred to the court; when and where the application is to be heard; that the respondent is required to appear at the hearing; that the court may register the corresponding order, or the corresponding order as varied by the court, in the respondent’s absence if the respondent fails to appear at the hearing.\n- (a) the corresponding order is in force; and\n- (b) the corresponding order was served on the person against whom it was made under the law of the jurisdiction where the corresponding order was made.\n- (a) the registrar believes it is necessary to do so; or\n- (b) the police commissioner asks the registrar to do so.\n- (a) anything that may be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\n- (b) any changes in the respondent’s circumstances since the corresponding order was made.\n- (a) prescribe the way the registrar is to register a corresponding order or a varied corresponding order; and\n- (b) provide for the keeping of the register and access to it.\n- (a) that an application for the registration of the corresponding order has been referred to the court;\n- (b) when and where the application is to be heard;\n- (c) that the respondent is required to appear at the hearing;\n- (d) that the court may register the corresponding order, or the corresponding order as varied by the court, in the respondent’s absence if the respondent fails to appear at the hearing.","sortOrder":59},{"sectionNumber":"sec.13ZA","sectionType":"section","heading":"Action by registrar and police commissioner after registration of corresponding order","content":"### sec.13ZA Action by registrar and police commissioner after registration of corresponding order\n\nNo later than 2 business days after registering a corresponding order, the registrar must give the police commissioner a certificate of the registration with a copy of the registered corresponding order attached.\nThe registrar may not ask the police commissioner for any fee, or reimbursement for any expenses incurred, under this division.\nAfter receiving a copy of the registered corresponding order, the police commissioner must serve on the respondent—\na copy of the registered corresponding order; and\nif the respondent for the registered corresponding order was not a reportable offender immediately before its registration—an initial reporting obligations notice in relation to the respondent as a reportable offender.\nUnder section 13ZB (1) (a) , the registered corresponding order has the same effect as a prohibition order made under this part.\nAlso, for a child respondent, the police commissioner must, as soon as practicable after receiving a copy of the registered corresponding order, give a copy of the registered corresponding order to—\nthe chief executive (child safety), if the registered corresponding order is likely to result in the respondent needing to change the respondent’s place of residence; and\na parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\nFailure to comply with subsection (3) or (4) does not affect the validity of the registration of the corresponding order.\ns 13ZA ins 2017 No. 14 s 11\namd 2023 No. 21 s 7\n(sec.13ZA-ssec.1) No later than 2 business days after registering a corresponding order, the registrar must give the police commissioner a certificate of the registration with a copy of the registered corresponding order attached.\n(sec.13ZA-ssec.2) The registrar may not ask the police commissioner for any fee, or reimbursement for any expenses incurred, under this division.\n(sec.13ZA-ssec.3) After receiving a copy of the registered corresponding order, the police commissioner must serve on the respondent— a copy of the registered corresponding order; and if the respondent for the registered corresponding order was not a reportable offender immediately before its registration—an initial reporting obligations notice in relation to the respondent as a reportable offender. Under section 13ZB (1) (a) , the registered corresponding order has the same effect as a prohibition order made under this part.\n(sec.13ZA-ssec.4) Also, for a child respondent, the police commissioner must, as soon as practicable after receiving a copy of the registered corresponding order, give a copy of the registered corresponding order to— the chief executive (child safety), if the registered corresponding order is likely to result in the respondent needing to change the respondent’s place of residence; and a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.\n(sec.13ZA-ssec.5) Failure to comply with subsection (3) or (4) does not affect the validity of the registration of the corresponding order.\n- (a) a copy of the registered corresponding order; and\n- (b) if the respondent for the registered corresponding order was not a reportable offender immediately before its registration—an initial reporting obligations notice in relation to the respondent as a reportable offender.\n- (a) the chief executive (child safety), if the registered corresponding order is likely to result in the respondent needing to change the respondent’s place of residence; and\n- (b) a parent of the child respondent, if the police commissioner is able to find a parent of the child respondent after making reasonable attempts.","sortOrder":60},{"sectionNumber":"sec.13ZB","sectionType":"section","heading":"Effect of registration of corresponding order","content":"### sec.13ZB Effect of registration of corresponding order\n\nA registered corresponding order—\nhas the same effect as a prohibition order made under this part; and\nmay be enforced against the respondent as if it were a prohibition order made under this part.\nSubsection (1) has effect even if the corresponding order was registered in the respondent’s absence.\nSubsection (4) applies if the corresponding order was varied under section 13Z (8) in the respondent’s absence, and the respondent has not been notified of the variation.\nDespite subsection (2) , until the respondent is notified of the variation, the registered corresponding order has effect and is enforceable against the respondent as if it had not been varied.\ns 13ZB ins 2017 No. 14 s 11\n(sec.13ZB-ssec.1) A registered corresponding order— has the same effect as a prohibition order made under this part; and may be enforced against the respondent as if it were a prohibition order made under this part.\n(sec.13ZB-ssec.2) Subsection (1) has effect even if the corresponding order was registered in the respondent’s absence.\n(sec.13ZB-ssec.3) Subsection (4) applies if the corresponding order was varied under section 13Z (8) in the respondent’s absence, and the respondent has not been notified of the variation.\n(sec.13ZB-ssec.4) Despite subsection (2) , until the respondent is notified of the variation, the registered corresponding order has effect and is enforceable against the respondent as if it had not been varied.\n- (a) has the same effect as a prohibition order made under this part; and\n- (b) may be enforced against the respondent as if it were a prohibition order made under this part.","sortOrder":61},{"sectionNumber":"sec.13ZC","sectionType":"section","heading":"Varying registered corresponding order","content":"### sec.13ZC Varying registered corresponding order\n\nThe police commissioner, or the respondent, may apply to the court under the relevant rules of court for a variation of a registered corresponding order.\nIn deciding the application, the court must consider—\nanything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\nany changes in the respondent’s circumstances since the registered corresponding order was registered or last varied.\nAlso, section 13Q (2) , (3) and (5) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.\ns 13ZC ins 2017 No. 14 s 11\n(sec.13ZC-ssec.1) The police commissioner, or the respondent, may apply to the court under the relevant rules of court for a variation of a registered corresponding order.\n(sec.13ZC-ssec.2) In deciding the application, the court must consider— anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and any changes in the respondent’s circumstances since the registered corresponding order was registered or last varied.\n(sec.13ZC-ssec.3) Also, section 13Q (2) , (3) and (5) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.\n- (a) anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\n- (b) any changes in the respondent’s circumstances since the registered corresponding order was registered or last varied.","sortOrder":62},{"sectionNumber":"sec.13ZD","sectionType":"section","heading":"Cancelling registration of registered corresponding order","content":"### sec.13ZD Cancelling registration of registered corresponding order\n\nThe police commissioner, or the respondent, may apply to the court for an order cancelling the registration of a registered corresponding order.\nIn deciding the application, the court must consider—\nanything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\nany changes in the respondent’s circumstances since the registered corresponding order was registered.\nAlso, section 13Q (2) and (3) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.\nIf the court cancels the registration of the registered corresponding order, the corresponding order, or the corresponding order as varied under this part, stops having effect in Queensland.\ns 13ZD ins 2017 No. 14 s 11\n(sec.13ZD-ssec.1) The police commissioner, or the respondent, may apply to the court for an order cancelling the registration of a registered corresponding order.\n(sec.13ZD-ssec.2) In deciding the application, the court must consider— anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and any changes in the respondent’s circumstances since the registered corresponding order was registered.\n(sec.13ZD-ssec.3) Also, section 13Q (2) and (3) applies to the application as if a reference in the subsections to an offender prohibition order were a reference to a registered corresponding order.\n(sec.13ZD-ssec.4) If the court cancels the registration of the registered corresponding order, the corresponding order, or the corresponding order as varied under this part, stops having effect in Queensland.\n- (a) anything that must be considered under sections 13C and 13D on an application for a prohibition order under section 13C ; and\n- (b) any changes in the respondent’s circumstances since the registered corresponding order was registered.","sortOrder":63},{"sectionNumber":"pt.3A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":64},{"sectionNumber":"sec.13ZE","sectionType":"section","heading":null,"content":"### Section sec.13ZE\n\ns 13ZE ins 2017 No. 14 s 11\nom 2023 No. 10 s 13","sortOrder":65},{"sectionNumber":"sec.13ZF","sectionType":"section","heading":null,"content":"### Section sec.13ZF\n\ns 13ZF ins 2017 No. 14 s 11\nom 2023 No. 10 s 13","sortOrder":66},{"sectionNumber":"pt.3A-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":67},{"sectionNumber":"sec.13ZG","sectionType":"section","heading":"Who may appeal","content":"### sec.13ZG Who may appeal\n\nThe police commissioner, or the respondent for an offender prohibition order or registered corresponding order (the relevant order ), may appeal to the following entity (the appeal court ) against a decision made by a court under this part (the relevant decision ) in relation to the relevant order—\nfor a child respondent—a Childrens Court constituted by a Childrens Court judge;\notherwise—the District Court.\ns 13ZG ins 2017 No. 14 s 11\n- (a) for a child respondent—a Childrens Court constituted by a Childrens Court judge;\n- (b) otherwise—the District Court.","sortOrder":68},{"sectionNumber":"sec.13ZH","sectionType":"section","heading":"Starting appeal","content":"### sec.13ZH Starting appeal\n\nThe appeal must be started within 28 days (the appeal period ) after—\nthe day the relevant decision is made; or\nif the relevant decision was made in the absence of the respondent for the relevant order—the day on which a copy of the order resulting from the relevant decision is served on the respondent for the relevant order.\nOn application, the appeal court may extend the appeal period.\nThe appeal must be started by filing a notice of appeal in writing with the registrar of the appeal court.\nIf it appears to the appeal court that it is not reasonably practicable to serve a copy of the notice of appeal on the respondent to the appeal, the appeal court may make an order substituting another way of serving the notice of appeal.\nThe appeal must be heard in the presence of only—\nthe appellant; and\nthe respondent; and\nany witness the appeal court allows for the proceeding; and\nanyone else the appeal court considers appropriate to be present and allows to be present; and\na parent of a child respondent\nanother person who is able to provide cultural or emotional support for the respondent or a witness\na person conducting relevant academic or scientific research\na lawyer representing anyone mentioned in paragraph (a) , (b) or (c) .\ns 13ZH ins 2017 No. 14 s 11\n(sec.13ZH-ssec.1) The appeal must be started within 28 days (the appeal period ) after— the day the relevant decision is made; or if the relevant decision was made in the absence of the respondent for the relevant order—the day on which a copy of the order resulting from the relevant decision is served on the respondent for the relevant order.\n(sec.13ZH-ssec.2) On application, the appeal court may extend the appeal period.\n(sec.13ZH-ssec.3) The appeal must be started by filing a notice of appeal in writing with the registrar of the appeal court.\n(sec.13ZH-ssec.4) If it appears to the appeal court that it is not reasonably practicable to serve a copy of the notice of appeal on the respondent to the appeal, the appeal court may make an order substituting another way of serving the notice of appeal.\n(sec.13ZH-ssec.5) The appeal must be heard in the presence of only— the appellant; and the respondent; and any witness the appeal court allows for the proceeding; and anyone else the appeal court considers appropriate to be present and allows to be present; and a parent of a child respondent another person who is able to provide cultural or emotional support for the respondent or a witness a person conducting relevant academic or scientific research a lawyer representing anyone mentioned in paragraph (a) , (b) or (c) .\n- (a) the day the relevant decision is made; or\n- (b) if the relevant decision was made in the absence of the respondent for the relevant order—the day on which a copy of the order resulting from the relevant decision is served on the respondent for the relevant order.\n- (a) the appellant; and\n- (b) the respondent; and\n- (c) any witness the appeal court allows for the proceeding; and\n- (d) anyone else the appeal court considers appropriate to be present and allows to be present; and Examples— • a parent of a child respondent • another person who is able to provide cultural or emotional support for the respondent or a witness • a person conducting relevant academic or scientific research\n- • a parent of a child respondent\n- • another person who is able to provide cultural or emotional support for the respondent or a witness\n- • a person conducting relevant academic or scientific research\n- (e) a lawyer representing anyone mentioned in paragraph (a) , (b) or (c) .\n- • a parent of a child respondent\n- • another person who is able to provide cultural or emotional support for the respondent or a witness\n- • a person conducting relevant academic or scientific research","sortOrder":69},{"sectionNumber":"sec.13ZI","sectionType":"section","heading":"Nature of appeal","content":"### sec.13ZI Nature of appeal\n\nThe appeal is by way of rehearing and, subject to section 13ZH , under the Uniform Civil Procedure Rules 1999 or, to the extent the rules can not be applied to the appeal, in accordance with directions given by a judge of—\nfor a child respondent—the Childrens Court; or\notherwise—the District Court.\nDespite subsection (1) , further evidence may not be admitted on the appeal.\nAn appeal against a relevant decision does not stay the operation of the relevant order, unless the appeal court orders otherwise.\ns 13ZI ins 2017 No. 14 s 11\n(sec.13ZI-ssec.1) The appeal is by way of rehearing and, subject to section 13ZH , under the Uniform Civil Procedure Rules 1999 or, to the extent the rules can not be applied to the appeal, in accordance with directions given by a judge of— for a child respondent—the Childrens Court; or otherwise—the District Court.\n(sec.13ZI-ssec.2) Despite subsection (1) , further evidence may not be admitted on the appeal.\n(sec.13ZI-ssec.3) An appeal against a relevant decision does not stay the operation of the relevant order, unless the appeal court orders otherwise.\n- (a) for a child respondent—the Childrens Court; or\n- (b) otherwise—the District Court.","sortOrder":70},{"sectionNumber":"sec.13ZJ","sectionType":"section","heading":"Powers on appeal","content":"### sec.13ZJ Powers on appeal\n\nThe appeal court may, on an appeal against a relevant decision about an offender prohibition order—\nmake, vary or revoke the offender prohibition order, as it considers appropriate; or\nmake another order or decision it considers should have been made.\nThe appeal court may, on an appeal against a relevant decision about a registered corresponding order—\nregister, or revoke the registration of, the corresponding order or a variation of it; or\nmake another order or decision it considers should have been made.\nAn order or decision made under subsection (1) (b) or (2) (b) takes effect from when it is made.\ns 13ZJ ins 2017 No. 14 s 11\n(sec.13ZJ-ssec.1) The appeal court may, on an appeal against a relevant decision about an offender prohibition order— make, vary or revoke the offender prohibition order, as it considers appropriate; or make another order or decision it considers should have been made.\n(sec.13ZJ-ssec.2) The appeal court may, on an appeal against a relevant decision about a registered corresponding order— register, or revoke the registration of, the corresponding order or a variation of it; or make another order or decision it considers should have been made.\n(sec.13ZJ-ssec.3) An order or decision made under subsection (1) (b) or (2) (b) takes effect from when it is made.\n- (a) make, vary or revoke the offender prohibition order, as it considers appropriate; or\n- (b) make another order or decision it considers should have been made.\n- (a) register, or revoke the registration of, the corresponding order or a variation of it; or\n- (b) make another order or decision it considers should have been made.","sortOrder":71},{"sectionNumber":"sec.13ZK","sectionType":"section","heading":"Court may not award costs unless application is frivolous or vexatious or another abuse of process","content":"### sec.13ZK Court may not award costs unless application is frivolous or vexatious or another abuse of process\n\nAn appeal court must not award costs on an appeal under this division unless the appeal court dismisses the application as frivolous or vexatious or another abuse of process.\ns 13ZK ins 2017 No. 14 s 11","sortOrder":72},{"sectionNumber":"pt.3A-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":73},{"sectionNumber":"sec.13ZL","sectionType":"section","heading":"Service of documents","content":"### sec.13ZL Service of documents\n\nThis section applies if a provision of this part requires a police officer, including the police commissioner, to serve a document on a respondent for—\na proposed offender prohibition order; or\nan offender prohibition order; or\na corresponding order; or\na registered corresponding order.\nThis section also applies for the purpose of service of notice on a respondent in relation to an application for a temporary order if notice is given.\nThe document must be served personally on the respondent.\nHowever, if, despite making reasonable attempts, a police officer is unable to personally serve a document on the respondent, the police commissioner may apply to the court to authorise substituted service under subsection (5) .\nIf it appears to the court that it is not reasonably practicable to serve the document personally on the respondent, the court may authorise another way of serving it ( substituted service ).\nby personal service of the document on a relative, guardian or other person with whom the respondent is known to associate\nWhen serving an appearance notice personally on the respondent, the police officer must explain the contents of the appearance notice to the respondent in language likely to be understood by the respondent, having regard, for example, to the respondent’s age and cultural, educational and social background.\nA document that is to be served personally on a child respondent—\nmust be served on the child respondent as discreetly as possible; and\nmust not be served on the child respondent at or in the vicinity of the child respondent’s place of employment or school, unless there is no other place where the document may reasonably be served on the child respondent.\ns 13ZL ins 2017 No. 14 s 11\n(sec.13ZL-ssec.1) This section applies if a provision of this part requires a police officer, including the police commissioner, to serve a document on a respondent for— a proposed offender prohibition order; or an offender prohibition order; or a corresponding order; or a registered corresponding order.\n(sec.13ZL-ssec.2) This section also applies for the purpose of service of notice on a respondent in relation to an application for a temporary order if notice is given.\n(sec.13ZL-ssec.3) The document must be served personally on the respondent.\n(sec.13ZL-ssec.4) However, if, despite making reasonable attempts, a police officer is unable to personally serve a document on the respondent, the police commissioner may apply to the court to authorise substituted service under subsection (5) .\n(sec.13ZL-ssec.5) If it appears to the court that it is not reasonably practicable to serve the document personally on the respondent, the court may authorise another way of serving it ( substituted service ). by personal service of the document on a relative, guardian or other person with whom the respondent is known to associate\n(sec.13ZL-ssec.6) When serving an appearance notice personally on the respondent, the police officer must explain the contents of the appearance notice to the respondent in language likely to be understood by the respondent, having regard, for example, to the respondent’s age and cultural, educational and social background.\n(sec.13ZL-ssec.7) A document that is to be served personally on a child respondent— must be served on the child respondent as discreetly as possible; and must not be served on the child respondent at or in the vicinity of the child respondent’s place of employment or school, unless there is no other place where the document may reasonably be served on the child respondent.\n- (a) a proposed offender prohibition order; or\n- (b) an offender prohibition order; or\n- (c) a corresponding order; or\n- (d) a registered corresponding order.\n- (a) must be served on the child respondent as discreetly as possible; and\n- (b) must not be served on the child respondent at or in the vicinity of the child respondent’s place of employment or school, unless there is no other place where the document may reasonably be served on the child respondent.","sortOrder":74},{"sectionNumber":"sec.13ZM","sectionType":"section","heading":"No filing fee is payable","content":"### sec.13ZM No filing fee is payable\n\nA fee is not payable for making an application, or filing another document, under this part.\ns 13ZM ins 2017 No. 14 s 11","sortOrder":75},{"sectionNumber":"sec.13ZN","sectionType":"section","heading":"Approval of forms","content":"### sec.13ZN Approval of forms\n\nThe police commissioner may approve forms for use under this part.\ns 13ZN ins 2017 No. 14 s 11","sortOrder":76},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reporting obligations","content":"# Reporting obligations","sortOrder":77},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Initial report","content":"## Initial report","sortOrder":78},{"sectionNumber":"sec.14","sectionType":"section","heading":"When reportable offender must make initial report","content":"### sec.14 When reportable offender must make initial report\n\nThis section applies to a reportable offender mentioned in schedule 3 , column 1.\nIf the police commissioner gives the reportable offender an initial reporting obligations notice, the offender must make a report (the initial report ) of the offender’s personal details to the commissioner when the offender receives the notice.\nHowever, if it is not reasonably practicable for the reportable offender to make the initial report when the offender receives the notice, the offender must make the initial report—\nwithin 7 days after the day the offender receives the notice; or\nif the offender intends to leave Queensland before the end of 7 days after the offender receives the notice—before the offender leaves Queensland.\nIf the police commissioner does not give the reportable offender an initial reporting obligations notice, the offender must make the offender’s initial report to the commissioner—\nwithin the period stated for the offender in schedule 3 , column 2; or\nif more than 1 circumstance mentioned in schedule 3 , column 1 applies to the offender—within the shorter of the applicable periods stated for the offender in schedule 3 , column 2; or\nif the offender intends to leave Queensland before the end of the period stated for the offender in schedule 3 , column 2—before the offender leaves Queensland.\nHowever, subsection (4) (c) does not apply to an offender who enters Queensland from a foreign jurisdiction and remains for less than 7 consecutive days.\nAlso, if—\na reportable offender’s reporting period for a reportable offence ends; and\nthe offender is later sentenced for another reportable offence when the offender is not in Queensland;\nthe offender must make the offender’s initial report to the police commissioner within 7 days after entering and remaining in Queensland for 7 or more consecutive days.\nThe 7 or more consecutive days does not include any day the reportable offender spends in government detention.\ns 14 amd 2007 No. 27 s 4 ; 2011 No. 10 s 6\nsub 2014 No. 34 s 11\namd 2023 No. 21 s 8\n(sec.14-ssec.1) This section applies to a reportable offender mentioned in schedule 3 , column 1.\n(sec.14-ssec.2) If the police commissioner gives the reportable offender an initial reporting obligations notice, the offender must make a report (the initial report ) of the offender’s personal details to the commissioner when the offender receives the notice.\n(sec.14-ssec.3) However, if it is not reasonably practicable for the reportable offender to make the initial report when the offender receives the notice, the offender must make the initial report— within 7 days after the day the offender receives the notice; or if the offender intends to leave Queensland before the end of 7 days after the offender receives the notice—before the offender leaves Queensland.\n(sec.14-ssec.4) If the police commissioner does not give the reportable offender an initial reporting obligations notice, the offender must make the offender’s initial report to the commissioner— within the period stated for the offender in schedule 3 , column 2; or if more than 1 circumstance mentioned in schedule 3 , column 1 applies to the offender—within the shorter of the applicable periods stated for the offender in schedule 3 , column 2; or if the offender intends to leave Queensland before the end of the period stated for the offender in schedule 3 , column 2—before the offender leaves Queensland.\n(sec.14-ssec.5) However, subsection (4) (c) does not apply to an offender who enters Queensland from a foreign jurisdiction and remains for less than 7 consecutive days.\n(sec.14-ssec.6) Also, if— a reportable offender’s reporting period for a reportable offence ends; and the offender is later sentenced for another reportable offence when the offender is not in Queensland; the offender must make the offender’s initial report to the police commissioner within 7 days after entering and remaining in Queensland for 7 or more consecutive days.\n(sec.14-ssec.7) The 7 or more consecutive days does not include any day the reportable offender spends in government detention.\n- (a) within 7 days after the day the offender receives the notice; or\n- (b) if the offender intends to leave Queensland before the end of 7 days after the offender receives the notice—before the offender leaves Queensland.\n- (a) within the period stated for the offender in schedule 3 , column 2; or\n- (b) if more than 1 circumstance mentioned in schedule 3 , column 1 applies to the offender—within the shorter of the applicable periods stated for the offender in schedule 3 , column 2; or\n- (c) if the offender intends to leave Queensland before the end of the period stated for the offender in schedule 3 , column 2—before the offender leaves Queensland.\n- (a) a reportable offender’s reporting period for a reportable offence ends; and\n- (b) the offender is later sentenced for another reportable offence when the offender is not in Queensland;","sortOrder":79},{"sectionNumber":"sec.15","sectionType":"section","heading":"Request for and provision of personal details by corrective services","content":"### sec.15 Request for and provision of personal details by corrective services\n\nThis section applies if a reportable offender is in government detention in Queensland.\nThe chief executive (corrective services) may ask the offender to give the chief executive (corrective services) details of—\nthe address of the premises where the offender intends to reside when the offender is released; or\nif the offender does not intend to reside at particular premises when the offender is released—each locality where the offender intends to generally be found.\nThe request may be made—\norally or in writing; and\non or before the offender’s release from government detention.\nThe offender may, but is not required to, comply with the request.\nThe chief executive (corrective services) may give the police commissioner the following personal details about the offender—\nthe offender’s name;\nthe offender’s date of birth;\nthe address where the offender generally resided before the offender entered government detention.\nif the offender complied with a request under subsection (2) —the address or locality given to the chief executive (corrective services) in response to the request.\nThe details are taken to be the reportable offender’s initial report for the purposes of including the details in the register established under section 68 .\nSubsection (6) does not affect the reportable offender’s reporting obligations under section 14 .\ns 15 amd 2011 No. 10 s 7\nsub 2014 No. 34 s 11\namd 2023 No. 21 s 9\n(sec.15-ssec.1) This section applies if a reportable offender is in government detention in Queensland.\n(sec.15-ssec.2) The chief executive (corrective services) may ask the offender to give the chief executive (corrective services) details of— the address of the premises where the offender intends to reside when the offender is released; or if the offender does not intend to reside at particular premises when the offender is released—each locality where the offender intends to generally be found.\n(sec.15-ssec.3) The request may be made— orally or in writing; and on or before the offender’s release from government detention.\n(sec.15-ssec.4) The offender may, but is not required to, comply with the request.\n(sec.15-ssec.5) The chief executive (corrective services) may give the police commissioner the following personal details about the offender— the offender’s name; the offender’s date of birth; the address where the offender generally resided before the offender entered government detention. if the offender complied with a request under subsection (2) —the address or locality given to the chief executive (corrective services) in response to the request.\n(sec.15-ssec.6) The details are taken to be the reportable offender’s initial report for the purposes of including the details in the register established under section 68 .\n(sec.15-ssec.7) Subsection (6) does not affect the reportable offender’s reporting obligations under section 14 .\n- (a) the address of the premises where the offender intends to reside when the offender is released; or\n- (b) if the offender does not intend to reside at particular premises when the offender is released—each locality where the offender intends to generally be found.\n- (a) orally or in writing; and\n- (b) on or before the offender’s release from government detention.\n- (a) the offender’s name;\n- (b) the offender’s date of birth;\n- (c) the address where the offender generally resided before the offender entered government detention.\n- (d) if the offender complied with a request under subsection (2) —the address or locality given to the chief executive (corrective services) in response to the request.","sortOrder":80},{"sectionNumber":"sec.16","sectionType":"section","heading":"Persons required to report under corresponding Act","content":"### sec.16 Persons required to report under corresponding Act\n\nThis section applies to a person (other than a protected witness) who—\nis or has been required to report to a corresponding registrar, whether or not the person is a reportable offender under this Act; and\nhas not previously complied with the obligation imposed by this section.\nThe person must, within 7 days after entering and remaining in Queensland (not including any day spent in government detention), contact a nominated person—\nby telephone; or\nin another way prescribed by regulation.\nThe police commissioner must ensure the nominated person’s contact details are available at any police station.\nWhen contacted, the nominated person must advise the person—\nwhether the person is a reportable offender under this Act; and\nabout any reporting obligations the person has under this Act.\nA person is not guilty of an offence against section 50 because of a failure to comply with subsection (2) if the person—\nis not a reportable offender under this Act; or\ncould not reasonably have been expected to have known that the person was required to report under this Act; or\ndoes not remain in Queensland for 7 or more consecutive days, not counting any day spent in government detention; or\nmakes an initial report under section 14 .\nIn this section—\nnominated person means a person nominated by the police commissioner for this section.\ns 16 amd 2011 No. 10 s 8\nsub 2014 No. 34 s 11\n(sec.16-ssec.1) This section applies to a person (other than a protected witness) who— is or has been required to report to a corresponding registrar, whether or not the person is a reportable offender under this Act; and has not previously complied with the obligation imposed by this section.\n(sec.16-ssec.2) The person must, within 7 days after entering and remaining in Queensland (not including any day spent in government detention), contact a nominated person— by telephone; or in another way prescribed by regulation.\n(sec.16-ssec.3) The police commissioner must ensure the nominated person’s contact details are available at any police station.\n(sec.16-ssec.4) When contacted, the nominated person must advise the person— whether the person is a reportable offender under this Act; and about any reporting obligations the person has under this Act.\n(sec.16-ssec.5) A person is not guilty of an offence against section 50 because of a failure to comply with subsection (2) if the person— is not a reportable offender under this Act; or could not reasonably have been expected to have known that the person was required to report under this Act; or does not remain in Queensland for 7 or more consecutive days, not counting any day spent in government detention; or makes an initial report under section 14 .\n(sec.16-ssec.6) In this section— nominated person means a person nominated by the police commissioner for this section.\n- (a) is or has been required to report to a corresponding registrar, whether or not the person is a reportable offender under this Act; and\n- (b) has not previously complied with the obligation imposed by this section.\n- (a) by telephone; or\n- (b) in another way prescribed by regulation.\n- (a) whether the person is a reportable offender under this Act; and\n- (b) about any reporting obligations the person has under this Act.\n- (a) is not a reportable offender under this Act; or\n- (b) could not reasonably have been expected to have known that the person was required to report under this Act; or\n- (c) does not remain in Queensland for 7 or more consecutive days, not counting any day spent in government detention; or\n- (d) makes an initial report under section 14 .","sortOrder":81},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Ongoing reporting obligations","content":"## Ongoing reporting obligations","sortOrder":82},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of div 2","content":"### sec.17 Application of div 2\n\nThis division applies to a reportable offender who has made an initial report.\ns 17 sub 2014 No. 34 s 11","sortOrder":83},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requirement to make periodic reports","content":"### sec.18 Requirement to make periodic reports\n\nA reportable offender must periodically make reports (each a periodic report ) of the offender’s personal details to the police commissioner until the offender’s reporting period ends.\nHowever, a reportable offender whose reporting obligations are suspended under section 4 or division 4 , 6 or 10 is not required to make periodic reports while the suspension is in force.\nA periodic report includes a report that simply confirms that the reportable offender’s personal details stated in the last report previously made by the offender—\nare correct; and\nhave not changed since the offender made the last report.\ns 18 sub 2014 No. 34 s 11\n(sec.18-ssec.1) A reportable offender must periodically make reports (each a periodic report ) of the offender’s personal details to the police commissioner until the offender’s reporting period ends.\n(sec.18-ssec.2) However, a reportable offender whose reporting obligations are suspended under section 4 or division 4 , 6 or 10 is not required to make periodic reports while the suspension is in force.\n(sec.18-ssec.3) A periodic report includes a report that simply confirms that the reportable offender’s personal details stated in the last report previously made by the offender— are correct; and have not changed since the offender made the last report.\n- (a) are correct; and\n- (b) have not changed since the offender made the last report.","sortOrder":84},{"sectionNumber":"sec.19","sectionType":"section","heading":"When periodic reports must be made","content":"### sec.19 When periodic reports must be made\n\nA reportable offender must make a periodic report in each reporting month, starting in the first reporting month after the offender makes the offender’s initial report.\nHowever, the police commissioner may at any time require the reportable offender to make periodic reports more frequently, if the commissioner is reasonably satisfied more frequent periodic reporting is necessary to protect the lives or sexual safety of children.\nIf the police commissioner decides to require the reportable offender to make periodic reports more frequently, the commissioner must, as soon as reasonably practicable, give the offender a reporting obligations notice stating when the offender is required to make periodic reports.\ns 19 amd 2011 No. 10 s 9\nsub 2014 No. 34 s 11\namd 2023 No. 21 s 10\n(sec.19-ssec.1) A reportable offender must make a periodic report in each reporting month, starting in the first reporting month after the offender makes the offender’s initial report.\n(sec.19-ssec.2) However, the police commissioner may at any time require the reportable offender to make periodic reports more frequently, if the commissioner is reasonably satisfied more frequent periodic reporting is necessary to protect the lives or sexual safety of children.\n(sec.19-ssec.3) If the police commissioner decides to require the reportable offender to make periodic reports more frequently, the commissioner must, as soon as reasonably practicable, give the offender a reporting obligations notice stating when the offender is required to make periodic reports.","sortOrder":85},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Reporting changes in personal details","content":"### sec.19A Reporting changes in personal details\n\nA reportable offender must report any change in the offender’s personal details to the police commissioner—\nfor a change relating to reportable contact between the offender and a child—within 24 hours after the change happens; or\nif the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the change relates to any premises where the offender generally resides, or a locality where the offender can generally be found—within 24 hours after the change happens; or\nfor a change relating to the reportable offender being in government detention for at least 7 consecutive days—\nwithin 7 days after the offender stops being in government detention; or\nif the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland; or\nfor any other change—\nwithin 7 days after the change happens; or\nif the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland.\nHowever, if a reportable offender (other than a protected witness) is not in Queensland when the change in the offender’s personal details happens, the offender must report the change within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention.\nFor the suspension of reporting obligations while a reportable offender (other than a protected witness) is not in Queensland, see section 34 .\nAlso, if a reportable offender made a statement to the police commissioner under section 20 (2) (e) , the offender is not required to report a change in the offender’s personal details unless—\nthe offender returns to Queensland and is required to make a report under section 22 (2) ; or\nthe offender decides not to leave Queensland and is required to make a report under section 22 (4) .\nThe obligation on a reportable offender under this section applies in addition to any other reporting obligation imposed on the offender under this part.\nIn this section—\nchange , in relation to a reportable offender’s personal details, includes any of the personal details no longer applying to the offender.\nA reportable offender has advised the police commissioner of the details of a car the offender bought. The sale of the car is a change in the offender’s personal details that must be reported to the police commissioner.\ns 19A ins 2014 No. 34 s 11\namd 2017 No. 14 s 12 ; 2018 No. 20 s 3J\n(sec.19A-ssec.1) A reportable offender must report any change in the offender’s personal details to the police commissioner— for a change relating to reportable contact between the offender and a child—within 24 hours after the change happens; or if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the change relates to any premises where the offender generally resides, or a locality where the offender can generally be found—within 24 hours after the change happens; or for a change relating to the reportable offender being in government detention for at least 7 consecutive days— within 7 days after the offender stops being in government detention; or if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland; or for any other change— within 7 days after the change happens; or if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland.\n(sec.19A-ssec.2) However, if a reportable offender (other than a protected witness) is not in Queensland when the change in the offender’s personal details happens, the offender must report the change within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention. For the suspension of reporting obligations while a reportable offender (other than a protected witness) is not in Queensland, see section 34 .\n(sec.19A-ssec.3) Also, if a reportable offender made a statement to the police commissioner under section 20 (2) (e) , the offender is not required to report a change in the offender’s personal details unless— the offender returns to Queensland and is required to make a report under section 22 (2) ; or the offender decides not to leave Queensland and is required to make a report under section 22 (4) .\n(sec.19A-ssec.4) The obligation on a reportable offender under this section applies in addition to any other reporting obligation imposed on the offender under this part.\n(sec.19A-ssec.5) In this section— change , in relation to a reportable offender’s personal details, includes any of the personal details no longer applying to the offender. A reportable offender has advised the police commissioner of the details of a car the offender bought. The sale of the car is a change in the offender’s personal details that must be reported to the police commissioner.\n- (a) for a change relating to reportable contact between the offender and a child—within 24 hours after the change happens; or\n- (aa) if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the change relates to any premises where the offender generally resides, or a locality where the offender can generally be found—within 24 hours after the change happens; or\n- (b) for a change relating to the reportable offender being in government detention for at least 7 consecutive days— (i) within 7 days after the offender stops being in government detention; or (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland; or\n- (i) within 7 days after the offender stops being in government detention; or\n- (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland; or\n- (c) for any other change— (i) within 7 days after the change happens; or (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland.\n- (i) within 7 days after the change happens; or\n- (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland.\n- (i) within 7 days after the offender stops being in government detention; or\n- (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland; or\n- (i) within 7 days after the change happens; or\n- (ii) if the offender intends to leave Queensland before the end of the period mentioned in subparagraph (i) —before the offender leaves Queensland.\n- (a) the offender returns to Queensland and is required to make a report under section 22 (2) ; or\n- (b) the offender decides not to leave Queensland and is required to make a report under section 22 (4) .","sortOrder":86},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Requirement to report each change in premises or locality at which offender stays or can be found","content":"### sec.19B Requirement to report each change in premises or locality at which offender stays or can be found\n\nThe police commissioner may require a reportable offender to report the changes in the offender’s personal details mentioned in subsection (3) if the commissioner is reasonably satisfied that doing so is necessary to protect the lives or sexual safety of children.\nThe police commissioner imposes the requirement under subsection (1) on the offender by giving the offender a reporting obligations notice under section 54A (3) stating that the offender is required to report the changes.\nThe reportable offender must report each change in the premises where the offender stays, or locality where the offender can generally be found—\nduring each period of 3 or more consecutive days in which—\nthe offender does not stay at the premises where the offender generally resides; or\nthe offender does not generally reside at any premises; and\nwithin 24 hours after the change happens.\ns 19B ins 2023 No. 21 s 11\n(sec.19B-ssec.1) The police commissioner may require a reportable offender to report the changes in the offender’s personal details mentioned in subsection (3) if the commissioner is reasonably satisfied that doing so is necessary to protect the lives or sexual safety of children.\n(sec.19B-ssec.2) The police commissioner imposes the requirement under subsection (1) on the offender by giving the offender a reporting obligations notice under section 54A (3) stating that the offender is required to report the changes.\n(sec.19B-ssec.3) The reportable offender must report each change in the premises where the offender stays, or locality where the offender can generally be found— during each period of 3 or more consecutive days in which— the offender does not stay at the premises where the offender generally resides; or the offender does not generally reside at any premises; and within 24 hours after the change happens.\n- (a) during each period of 3 or more consecutive days in which— (i) the offender does not stay at the premises where the offender generally resides; or (ii) the offender does not generally reside at any premises; and\n- (i) the offender does not stay at the premises where the offender generally resides; or\n- (ii) the offender does not generally reside at any premises; and\n- (b) within 24 hours after the change happens.\n- (i) the offender does not stay at the premises where the offender generally resides; or\n- (ii) the offender does not generally reside at any premises; and","sortOrder":87},{"sectionNumber":"sec.20","sectionType":"section","heading":"Intended absence from Queensland to be reported","content":"### sec.20 Intended absence from Queensland to be reported\n\nThis section applies if a reportable offender—\nintends to leave Queensland for 48 or more consecutive hours to travel elsewhere in Australia; or\nIf a reportable offender intends to leave Queensland to travel elsewhere in Australia on an average of at least once a month, irrespective of the length of the absence, see section 23 .\nintends to leave Queensland to travel out of Australia.\nAt least 7 days before leaving Queensland, the reportable offender must report the intended travel to the police commissioner and must give details of—\nany child the reportable offender—\nintends to leave Queensland with; or\nintends to have reportable contact with while out of Queensland; and\neach State, Territory or country to which the offender intends to go while out of Queensland; and\nthe approximate dates during which the offender intends to be in each of those States, Territories or countries; and\neach address or location within each State, Territory or country at which the offender intends to reside (to the extent that they are known) and the approximate dates during which the offender intends to reside at those addresses or locations; and\nif the offender intends to return to Queensland, the approximate date on which the offender intends to return; and\nif the offender does not intend to return to Queensland, a statement of that intention.\nIf circumstances arise making it impracticable for a reportable offender to make the report 7 days before the offender leaves, it is sufficient compliance with subsection (2) if the offender reports the required information to the police commissioner at least 24 hours before the intended travel.\ns 20 amd 2014 No. 34 s 12 ; 2017 No. 14 s 13\n(sec.20-ssec.1) This section applies if a reportable offender— intends to leave Queensland for 48 or more consecutive hours to travel elsewhere in Australia; or If a reportable offender intends to leave Queensland to travel elsewhere in Australia on an average of at least once a month, irrespective of the length of the absence, see section 23 . intends to leave Queensland to travel out of Australia.\n(sec.20-ssec.2) At least 7 days before leaving Queensland, the reportable offender must report the intended travel to the police commissioner and must give details of— any child the reportable offender— intends to leave Queensland with; or intends to have reportable contact with while out of Queensland; and each State, Territory or country to which the offender intends to go while out of Queensland; and the approximate dates during which the offender intends to be in each of those States, Territories or countries; and each address or location within each State, Territory or country at which the offender intends to reside (to the extent that they are known) and the approximate dates during which the offender intends to reside at those addresses or locations; and if the offender intends to return to Queensland, the approximate date on which the offender intends to return; and if the offender does not intend to return to Queensland, a statement of that intention.\n(sec.20-ssec.3) If circumstances arise making it impracticable for a reportable offender to make the report 7 days before the offender leaves, it is sufficient compliance with subsection (2) if the offender reports the required information to the police commissioner at least 24 hours before the intended travel.\n- (a) intends to leave Queensland for 48 or more consecutive hours to travel elsewhere in Australia; or Note— If a reportable offender intends to leave Queensland to travel elsewhere in Australia on an average of at least once a month, irrespective of the length of the absence, see section 23 .\n- (b) intends to leave Queensland to travel out of Australia.\n- (aa) any child the reportable offender— (i) intends to leave Queensland with; or (ii) intends to have reportable contact with while out of Queensland; and\n- (i) intends to leave Queensland with; or\n- (ii) intends to have reportable contact with while out of Queensland; and\n- (a) each State, Territory or country to which the offender intends to go while out of Queensland; and\n- (b) the approximate dates during which the offender intends to be in each of those States, Territories or countries; and\n- (c) each address or location within each State, Territory or country at which the offender intends to reside (to the extent that they are known) and the approximate dates during which the offender intends to reside at those addresses or locations; and\n- (d) if the offender intends to return to Queensland, the approximate date on which the offender intends to return; and\n- (e) if the offender does not intend to return to Queensland, a statement of that intention.\n- (i) intends to leave Queensland with; or\n- (ii) intends to have reportable contact with while out of Queensland; and","sortOrder":88},{"sectionNumber":"sec.21","sectionType":"section","heading":"Change of travel plans while out of Queensland to be given","content":"### sec.21 Change of travel plans while out of Queensland to be given\n\nThis section applies if a reportable offender who is out of Queensland decides—\nto extend a stay elsewhere in Australia beyond 48 hours; or\nto change any details given to the police commissioner under section 20 .\nWithin 48 hours after making the decision, the reportable offender must—\nif subsection (1) (a) applies—report the details required by section 20 (2) to the police commissioner (including those details as they relate to the travel that has already been completed); or\nif subsection (1) (b) applies—report the changed details to the police commissioner.\nThe reportable offender must make the report in a way allowed under a regulation.\ns 21 amd 2014 No. 34 s 13 ; 2017 No. 14 s 14 ; 2023 No. 21 s 12\n(sec.21-ssec.1) This section applies if a reportable offender who is out of Queensland decides— to extend a stay elsewhere in Australia beyond 48 hours; or to change any details given to the police commissioner under section 20 .\n(sec.21-ssec.2) Within 48 hours after making the decision, the reportable offender must— if subsection (1) (a) applies—report the details required by section 20 (2) to the police commissioner (including those details as they relate to the travel that has already been completed); or if subsection (1) (b) applies—report the changed details to the police commissioner.\n(sec.21-ssec.3) The reportable offender must make the report in a way allowed under a regulation.\n- (a) to extend a stay elsewhere in Australia beyond 48 hours; or\n- (b) to change any details given to the police commissioner under section 20 .\n- (a) if subsection (1) (a) applies—report the details required by section 20 (2) to the police commissioner (including those details as they relate to the travel that has already been completed); or\n- (b) if subsection (1) (b) applies—report the changed details to the police commissioner.","sortOrder":89},{"sectionNumber":"sec.22","sectionType":"section","heading":"Reportable offender to report return to Queensland or decision not to leave","content":"### sec.22 Reportable offender to report return to Queensland or decision not to leave\n\nThis section applies if a reportable offender was required to report that the offender intended to leave Queensland under section 20 .\nIf the reportable offender left Queensland, the offender must report the offender’s return to Queensland to the police commissioner within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention.\nA report made under subsection (2) in relation to travel out of Australia must be accompanied by a copy of the reportable offender’s passport and travel documents verifying or supporting details in the report.\nIf the reportable offender decides not to leave Queensland, the offender must report the offender’s change of intention to the police commissioner within 48 hours after deciding not to leave.\ns 22 amd 2011 No. 10 s 10 ; 2014 No. 34 s 14 ; 2017 No. 14 s 15 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.22-ssec.1) This section applies if a reportable offender was required to report that the offender intended to leave Queensland under section 20 .\n(sec.22-ssec.2) If the reportable offender left Queensland, the offender must report the offender’s return to Queensland to the police commissioner within 48 hours after entering and remaining in Queensland for 48 consecutive hours, not counting any time spent in government detention.\n(sec.22-ssec.3) A report made under subsection (2) in relation to travel out of Australia must be accompanied by a copy of the reportable offender’s passport and travel documents verifying or supporting details in the report.\n(sec.22-ssec.4) If the reportable offender decides not to leave Queensland, the offender must report the offender’s change of intention to the police commissioner within 48 hours after deciding not to leave.","sortOrder":90},{"sectionNumber":"sec.23","sectionType":"section","heading":"Report of recurring absences from Queensland","content":"### sec.23 Report of recurring absences from Queensland\n\nThis section applies if a reportable offender leaves, or intends to leave, Queensland to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of the absence).\nThe reportable offender must make a report to the police commissioner stating—\nin general terms—\nthe expected frequency of the offender’s travel; and\nthe offender’s travel destinations; and\nthe offender’s reasons for travelling to the destinations with the expected frequency; and\nwhether the offender expects to travel with a child or have reportable contact with a child while travelling.\nThe reportable offender must make the report within 7 days before, but not less than 24 hours before, the offender first travels.\nThe reportable offender is not required to make another report under this section unless the information that is required to be reported under subsection (2) changes, including, for example, the travel destination.\nThe reportable offender must report any change in the information to the police commissioner—\nfor a change in the information mentioned in subsection (2) (a) —\nif the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or\notherwise—within 7 days after the change happens; or\nfor a change relating to travel with a child or reportable contact the offender has had, or expects to have, with a child—within 24 hours after the change happens.\ns 23 amd 2014 No. 34 s 15 ; 2017 No. 14 s 16\n(sec.23-ssec.1) This section applies if a reportable offender leaves, or intends to leave, Queensland to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of the absence).\n(sec.23-ssec.2) The reportable offender must make a report to the police commissioner stating— in general terms— the expected frequency of the offender’s travel; and the offender’s travel destinations; and the offender’s reasons for travelling to the destinations with the expected frequency; and whether the offender expects to travel with a child or have reportable contact with a child while travelling.\n(sec.23-ssec.3) The reportable offender must make the report within 7 days before, but not less than 24 hours before, the offender first travels. The reportable offender is not required to make another report under this section unless the information that is required to be reported under subsection (2) changes, including, for example, the travel destination.\n(sec.23-ssec.4) The reportable offender must report any change in the information to the police commissioner— for a change in the information mentioned in subsection (2) (a) — if the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or otherwise—within 7 days after the change happens; or for a change relating to travel with a child or reportable contact the offender has had, or expects to have, with a child—within 24 hours after the change happens.\n- (a) in general terms— (i) the expected frequency of the offender’s travel; and (ii) the offender’s travel destinations; and (iii) the offender’s reasons for travelling to the destinations with the expected frequency; and\n- (i) the expected frequency of the offender’s travel; and\n- (ii) the offender’s travel destinations; and\n- (iii) the offender’s reasons for travelling to the destinations with the expected frequency; and\n- (b) whether the offender expects to travel with a child or have reportable contact with a child while travelling.\n- (i) the expected frequency of the offender’s travel; and\n- (ii) the offender’s travel destinations; and\n- (iii) the offender’s reasons for travelling to the destinations with the expected frequency; and\n- (a) for a change in the information mentioned in subsection (2) (a) — (i) if the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or (ii) otherwise—within 7 days after the change happens; or\n- (i) if the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or\n- (ii) otherwise—within 7 days after the change happens; or\n- (b) for a change relating to travel with a child or reportable contact the offender has had, or expects to have, with a child—within 24 hours after the change happens.\n- (i) if the change happens when the offender is out of Queensland—within 48 hours after the offender returns to Queensland; or\n- (ii) otherwise—within 7 days after the change happens; or","sortOrder":91},{"sectionNumber":"sec.24","sectionType":"section","heading":"Information about international travel to be given to Commonwealth agencies","content":"### sec.24 Information about international travel to be given to Commonwealth agencies\n\nAs soon as practicable after receiving a report under section 20 , 21 or 22 about a reportable offender’s intentions in relation to travel out of Australia, the police commissioner must ensure that a copy of the report is given to—\nthe Australian Border Force Commissioner; and\nthe secretary of the home affairs department; and\nthe commissioner of the Australian Federal Police.\ns 24 amd 2023 No. 21 s 13\n- (a) the Australian Border Force Commissioner; and\n- (b) the secretary of the home affairs department; and\n- (c) the commissioner of the Australian Federal Police.","sortOrder":92},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other provisions applying to reporting obligations","content":"## Other provisions applying to reporting obligations","sortOrder":93},{"sectionNumber":"sec.25","sectionType":"section","heading":"Initial report must be made in person","content":"### sec.25 Initial report must be made in person\n\nA reportable offender must make the offender’s initial report—\nin person; and\nat the police station or other place stated for making the report in a reporting obligations notice given to the offender.\nA police officer, or another person approved by the police commissioner, may receive a reportable offender’s initial report.\ns 25 sub 2023 No. 21 s 15\n(sec.25-ssec.1) A reportable offender must make the offender’s initial report— in person; and at the police station or other place stated for making the report in a reporting obligations notice given to the offender.\n(sec.25-ssec.2) A police officer, or another person approved by the police commissioner, may receive a reportable offender’s initial report.\n- (a) in person; and\n- (b) at the police station or other place stated for making the report in a reporting obligations notice given to the offender.","sortOrder":94},{"sectionNumber":"sec.26","sectionType":"section","heading":"How other reports must be made","content":"### sec.26 How other reports must be made\n\nA reportable offender must make a report the offender is required to make under this part, other than the offender’s initial report—\nif a reporting obligations notice given to the offender states a way in which the report must be made—in the stated way; or\notherwise—\nin a way in which the report may be made stated in a reporting obligations notice given to the offender; or\nin a way allowed under a regulation.\nIf, under subsection (1) (a) , a reportable offender is required to make a report in person, the offender must make the report at the place stated in a reporting obligations notice given to the offender as the place where the report must be made.\nThe place stated in the reporting obligations notice may be a police station.\nA police officer, or another person approved by the police commissioner, may receive a report made by a reportable offender.\ns 26 sub 2023 No. 21 s 15\n(sec.26-ssec.1) A reportable offender must make a report the offender is required to make under this part, other than the offender’s initial report— if a reporting obligations notice given to the offender states a way in which the report must be made—in the stated way; or otherwise— in a way in which the report may be made stated in a reporting obligations notice given to the offender; or in a way allowed under a regulation.\n(sec.26-ssec.2) If, under subsection (1) (a) , a reportable offender is required to make a report in person, the offender must make the report at the place stated in a reporting obligations notice given to the offender as the place where the report must be made. The place stated in the reporting obligations notice may be a police station.\n(sec.26-ssec.3) A police officer, or another person approved by the police commissioner, may receive a report made by a reportable offender.\n- (a) if a reporting obligations notice given to the offender states a way in which the report must be made—in the stated way; or\n- (b) otherwise— (i) in a way in which the report may be made stated in a reporting obligations notice given to the offender; or (ii) in a way allowed under a regulation.\n- (i) in a way in which the report may be made stated in a reporting obligations notice given to the offender; or\n- (ii) in a way allowed under a regulation.\n- (i) in a way in which the report may be made stated in a reporting obligations notice given to the offender; or\n- (ii) in a way allowed under a regulation.","sortOrder":95},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Reportable offender with disability may be assisted to make report","content":"### sec.26A Reportable offender with disability may be assisted to make report\n\nThis section applies if—\na reportable offender is a person with disability; and\nbecause of the offender’s disability, it is impracticable for the offender to make a report the offender is required to make under this part.\nA parent, guardian or carer of the reportable offender, or another person nominated by the offender, may—\nif the offender is required to make the report in person—accompany the offender to the place where the offender is required to make the report; and\nmake the report on the offender’s behalf.\ns 26A ins 2023 No. 21 s 15\n(sec.26A-ssec.1) This section applies if— a reportable offender is a person with disability; and because of the offender’s disability, it is impracticable for the offender to make a report the offender is required to make under this part.\n(sec.26A-ssec.2) A parent, guardian or carer of the reportable offender, or another person nominated by the offender, may— if the offender is required to make the report in person—accompany the offender to the place where the offender is required to make the report; and make the report on the offender’s behalf.\n- (a) a reportable offender is a person with disability; and\n- (b) because of the offender’s disability, it is impracticable for the offender to make a report the offender is required to make under this part.\n- (a) if the offender is required to make the report in person—accompany the offender to the place where the offender is required to make the report; and\n- (b) make the report on the offender’s behalf.","sortOrder":96},{"sectionNumber":"sec.27","sectionType":"section","heading":"Right to privacy and support when reporting","content":"### sec.27 Right to privacy and support when reporting\n\nA person making a report under this part at a police station or a place approved by the police commissioner—\nis entitled to make the report out of the hearing of members of the public; and\nis entitled to be accompanied by a support person of the person’s own choosing.\nSubsection (3) applies if a police officer or other person receiving the report is aware the person making the report—\nhas special needs; and\nbecause of the special needs, needs to be accompanied by an adult support person when making the report.\nIf it is not practicable for the person to be accompanied by an adult support person of the person’s own choice, the police officer or person receiving the report must arrange, if practicable, for an adult support person to be present when the person is making the report.\nA police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this part.\nA police officer or other person receiving a report under this part must not allow a support person or interpreter to be present when a person is making the report unless the support person or interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.\nIn this section—\nspecial needs , of a person, means the person’s needs by taking into account—\nthe person’s age, gender or cultural background; and\nany disability the person has.\ns 27 amd 2011 No. 10 s 12 ; 2024 No. 24 s 4\n(sec.27-ssec.1) A person making a report under this part at a police station or a place approved by the police commissioner— is entitled to make the report out of the hearing of members of the public; and is entitled to be accompanied by a support person of the person’s own choosing.\n(sec.27-ssec.2) Subsection (3) applies if a police officer or other person receiving the report is aware the person making the report— has special needs; and because of the special needs, needs to be accompanied by an adult support person when making the report.\n(sec.27-ssec.3) If it is not practicable for the person to be accompanied by an adult support person of the person’s own choice, the police officer or person receiving the report must arrange, if practicable, for an adult support person to be present when the person is making the report.\n(sec.27-ssec.4) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this part.\n(sec.27-ssec.5) A police officer or other person receiving a report under this part must not allow a support person or interpreter to be present when a person is making the report unless the support person or interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.\n(sec.27-ssec.6) In this section— special needs , of a person, means the person’s needs by taking into account— the person’s age, gender or cultural background; and any disability the person has.\n- (a) is entitled to make the report out of the hearing of members of the public; and\n- (b) is entitled to be accompanied by a support person of the person’s own choosing.\n- (a) has special needs; and\n- (b) because of the special needs, needs to be accompanied by an adult support person when making the report.\n- (a) the person’s age, gender or cultural background; and\n- (b) any disability the person has.","sortOrder":97},{"sectionNumber":"sec.28","sectionType":"section","heading":"Receipt of information to be acknowledged","content":"### sec.28 Receipt of information to be acknowledged\n\nAs soon as practicable after receiving a report under this part, the police officer or other person receiving the report must acknowledge the making of the report.\nThe acknowledgement—\nmust be in writing; and\nmust be given to the person who made the report; and\nmust include—\nthe date and time when, and the place where, the report was received; and\na copy of the information that was reported; and\na copy of the record of any agreement made under subsection (4) .\nIf a report is not made in person, the police officer or other person who received the report must as soon as practicable—\ngive the person making the report a unique reference number; and\nrecord that number on the relevant reportable offender’s file and on the acknowledgement.\nThe police commissioner may make an agreement with the reportable offender about the way in which a reference number or acknowledgement required to be given by this section may be given.\nThe police commissioner must ensure—\nthat there is a method of recording an agreement made under subsection (4) ; and\nthat, except with the reportable offender’s written consent, a reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.\nThe police commissioner must ensure that a copy of every acknowledgement is kept.\ns 28 amd 2017 No. 14 s 17 ; 2023 No. 21 s 16\n(sec.28-ssec.1) As soon as practicable after receiving a report under this part, the police officer or other person receiving the report must acknowledge the making of the report.\n(sec.28-ssec.2) The acknowledgement— must be in writing; and must be given to the person who made the report; and must include— the date and time when, and the place where, the report was received; and a copy of the information that was reported; and a copy of the record of any agreement made under subsection (4) .\n(sec.28-ssec.3) If a report is not made in person, the police officer or other person who received the report must as soon as practicable— give the person making the report a unique reference number; and record that number on the relevant reportable offender’s file and on the acknowledgement.\n(sec.28-ssec.4) The police commissioner may make an agreement with the reportable offender about the way in which a reference number or acknowledgement required to be given by this section may be given.\n(sec.28-ssec.5) The police commissioner must ensure— that there is a method of recording an agreement made under subsection (4) ; and that, except with the reportable offender’s written consent, a reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.\n(sec.28-ssec.6) The police commissioner must ensure that a copy of every acknowledgement is kept.\n- (a) must be in writing; and\n- (b) must be given to the person who made the report; and\n- (c) must include— (i) the date and time when, and the place where, the report was received; and (ii) a copy of the information that was reported; and (iii) a copy of the record of any agreement made under subsection (4) .\n- (i) the date and time when, and the place where, the report was received; and\n- (ii) a copy of the information that was reported; and\n- (iii) a copy of the record of any agreement made under subsection (4) .\n- (i) the date and time when, and the place where, the report was received; and\n- (ii) a copy of the information that was reported; and\n- (iii) a copy of the record of any agreement made under subsection (4) .\n- (a) give the person making the report a unique reference number; and\n- (b) record that number on the relevant reportable offender’s file and on the acknowledgement.\n- (a) that there is a method of recording an agreement made under subsection (4) ; and\n- (b) that, except with the reportable offender’s written consent, a reference number or acknowledgement required to be given by this section is given in accordance with the agreement while the agreement remains in force.","sortOrder":98},{"sectionNumber":"sec.29","sectionType":"section","heading":"Additional matters to be given","content":"### sec.29 Additional matters to be given\n\nIf a report is required to be made in person, the person making the report must also—\nif the person is the reportable offender—\npresent for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and\nprovide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or\nif the person is not the reportable offender—present for inspection the person’s driver licence (if any) or another form of identification specified by a regulation for the purposes of this section.\nThe police officer receiving the report may waive the requirements of subsection (1) (a) or (b) if—\nthe reportable offender permits the offender’s fingerprints to be taken immediately before or after the report is made; or\nthe police officer is otherwise satisfied about the reportable offender’s identity.\nThe police officer receiving the report may waive the requirements of subsection (1) (b) if the officer is otherwise satisfied about the person’s identity.\nThe police officer receiving a report may copy a document presented to the officer for inspection under subsection (1) (a) or (b) .\nIf a report is made otherwise than in person, a regulation may specify—\nthe circumstances in which—\ninformation about the identity of the reportable offender and the identity of the person making the report are required; and\na document verifying or supporting details in the report are required; and\nthe way in which the information or document must be given;\nbut may not require an original document to be given.\ns 29 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.29-ssec.1) If a report is required to be made in person, the person making the report must also— if the person is the reportable offender— present for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and provide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or if the person is not the reportable offender—present for inspection the person’s driver licence (if any) or another form of identification specified by a regulation for the purposes of this section.\n(sec.29-ssec.2) The police officer receiving the report may waive the requirements of subsection (1) (a) or (b) if— the reportable offender permits the offender’s fingerprints to be taken immediately before or after the report is made; or the police officer is otherwise satisfied about the reportable offender’s identity.\n(sec.29-ssec.3) The police officer receiving the report may waive the requirements of subsection (1) (b) if the officer is otherwise satisfied about the person’s identity.\n(sec.29-ssec.4) The police officer receiving a report may copy a document presented to the officer for inspection under subsection (1) (a) or (b) .\n(sec.29-ssec.5) If a report is made otherwise than in person, a regulation may specify— the circumstances in which— information about the identity of the reportable offender and the identity of the person making the report are required; and a document verifying or supporting details in the report are required; and the way in which the information or document must be given; but may not require an original document to be given.\n- (a) if the person is the reportable offender— (i) present for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and (ii) provide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or\n- (i) present for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and\n- (ii) provide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or\n- (b) if the person is not the reportable offender—present for inspection the person’s driver licence (if any) or another form of identification specified by a regulation for the purposes of this section.\n- (i) present for inspection the offender’s driver licence (if any) or another form of identification or other document specified by a regulation for the purposes of this section to verify or support details in the report; and\n- (ii) provide a photograph of the reportable offender’s head and face of a type suitable for use in an Australian passport; or\n- (a) the reportable offender permits the offender’s fingerprints to be taken immediately before or after the report is made; or\n- (b) the police officer is otherwise satisfied about the reportable offender’s identity.\n- (a) the circumstances in which— (i) information about the identity of the reportable offender and the identity of the person making the report are required; and (ii) a document verifying or supporting details in the report are required; and\n- (i) information about the identity of the reportable offender and the identity of the person making the report are required; and\n- (ii) a document verifying or supporting details in the report are required; and\n- (b) the way in which the information or document must be given;\n- (i) information about the identity of the reportable offender and the identity of the person making the report are required; and\n- (ii) a document verifying or supporting details in the report are required; and","sortOrder":99},{"sectionNumber":"sec.30","sectionType":"section","heading":"Power to take fingerprints","content":"### sec.30 Power to take fingerprints\n\nThis section applies if a reportable offender makes a report under this part in person to a police officer.\nThe police officer may take, or cause a person authorised by the officer to take, the reportable offender’s fingerprints.\ns 30 amd 2017 No. 14 s 18 ; 2023 No. 21 s 17\n(sec.30-ssec.1) This section applies if a reportable offender makes a report under this part in person to a police officer.\n(sec.30-ssec.2) The police officer may take, or cause a person authorised by the officer to take, the reportable offender’s fingerprints.","sortOrder":100},{"sectionNumber":"sec.31","sectionType":"section","heading":"Power to take photographs","content":"### sec.31 Power to take photographs\n\nA police officer may require a reportable offender—\nto be photographed; or\nto expose any part of the offender’s body to enable that part of the body to be photographed by the officer or a person authorised by the officer.\nHowever, a police officer can not require a reportable offender to expose—\nthe offender’s genitals; or\nthe anal area of the offender’s buttocks.\nAlso, a police officer may photograph a thing if a reportable offender is required to report information about the thing under this part or under a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\nA police officer may photograph a car that a reportable offender has reported as just having been bought by the reportable offender.\ns 31 amd 2017 No. 14 s 19 ; 2024 No. 24 s 5 ; 2024 No. 25 s 50\n(sec.31-ssec.1) A police officer may require a reportable offender— to be photographed; or to expose any part of the offender’s body to enable that part of the body to be photographed by the officer or a person authorised by the officer.\n(sec.31-ssec.2) However, a police officer can not require a reportable offender to expose— the offender’s genitals; or the anal area of the offender’s buttocks.\n(sec.31-ssec.3) Also, a police officer may photograph a thing if a reportable offender is required to report information about the thing under this part or under a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 . A police officer may photograph a car that a reportable offender has reported as just having been bought by the reportable offender.\n- (a) to be photographed; or\n- (b) to expose any part of the offender’s body to enable that part of the body to be photographed by the officer or a person authorised by the officer.\n- (a) the offender’s genitals; or\n- (b) the anal area of the offender’s buttocks.","sortOrder":101},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Safeguards for certain photographs","content":"### sec.31A Safeguards for certain photographs\n\nThis section applies if, under section 31 , a police officer requires a reportable offender to expose the offender’s breasts to enable that part of the body to be photographed.\nThe police officer—\nmust not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and\nif reasonably practicable, must ensure the photograph is not taken—\nin the presence of someone whose presence is not required while the photograph is taken; or\nwhere someone not involved in taking the photograph can see the photograph being taken.\nSubject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the reportable offender.\nThe reportable offender must be given—\nan explanation of the process; and\na reasonable opportunity to express a preference about the gender of the person taking the photograph.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nWithout limiting the power under section 31 (1) (b) for the photograph to be taken by a person authorised by the officer, the police officer may authorise a person to take the photograph if reasonably necessary—\nto ensure that the person taking the photograph and the reportable offender are of the same gender; or\nto accommodate a preference expressed by the person; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\ns 31A ins 2024 No. 24 s 6\n(sec.31A-ssec.1) This section applies if, under section 31 , a police officer requires a reportable offender to expose the offender’s breasts to enable that part of the body to be photographed.\n(sec.31A-ssec.2) The police officer— must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and if reasonably practicable, must ensure the photograph is not taken— in the presence of someone whose presence is not required while the photograph is taken; or where someone not involved in taking the photograph can see the photograph being taken.\n(sec.31A-ssec.3) Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the reportable offender.\n(sec.31A-ssec.4) The reportable offender must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph.\n(sec.31A-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.31A-ssec.6) Without limiting the power under section 31 (1) (b) for the photograph to be taken by a person authorised by the officer, the police officer may authorise a person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the reportable offender are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence.\n- (a) must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and\n- (b) if reasonably practicable, must ensure the photograph is not taken— (i) in the presence of someone whose presence is not required while the photograph is taken; or (ii) where someone not involved in taking the photograph can see the photograph being taken.\n- (i) in the presence of someone whose presence is not required while the photograph is taken; or\n- (ii) where someone not involved in taking the photograph can see the photograph being taken.\n- (i) in the presence of someone whose presence is not required while the photograph is taken; or\n- (ii) where someone not involved in taking the photograph can see the photograph being taken.\n- (a) an explanation of the process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person taking the photograph.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person taking the photograph and the reportable offender are of the same gender; or\n- (b) to accommodate a preference expressed by the person; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":102},{"sectionNumber":"sec.32","sectionType":"section","heading":"Retention of material for law enforcement, crime prevention or child protection","content":"### sec.32 Retention of material for law enforcement, crime prevention or child protection\n\nFor law enforcement, crime prevention or child protection purposes, the police commissioner may keep any of the following taken under this division from a person—\ncopies of any documents;\nany fingerprints;\nany photographs.\n- (a) copies of any documents;\n- (b) any fingerprints;\n- (c) any photographs.","sortOrder":103},{"sectionNumber":"sec.33","sectionType":"section","heading":"Reporting by remote offenders","content":"### sec.33 Reporting by remote offenders\n\nThis section applies if a reportable offender resides more than 100 kilometres from—\nthe nearest police station; or\nthe place stated in a reporting obligations notice given to the offender as the place where the offender is required to make a report under this part.\nA reportable offender need not comply with a time limit about the making of a report in person under this part if—\nthe offender, or a person entitled to make the report on the offender’s behalf, contacts the police commissioner before the time limit ends; and\nthe police commissioner agrees to allow the report to be made at a specific time, that is after the time limit, and at a specific place; and\nwhen contacting the police commissioner under paragraph (a) , the person gives the police commissioner, by phone or another way, the information required to be reported under division 1 or 2 .\nThe police commissioner must ensure that there is a method of recording all agreements made under this section.\nWithout limiting subsection (3) , the recording method must result in the creation of a written record that—\nis identified by a unique reference number; and\nidentifies when and where each agreement was made; and\nidentifies the person who enters into any agreement; and\ncontains the terms of any agreement.\nIf an agreement is made under this section, the police commissioner must ensure that the reportable offender is given the reference number mentioned in subsection (4) (a) .\nThe police commissioner must ensure that there is a method of recording all information given under subsection (2) .\ns 33 amd 2011 No. 10 s 13 ; 2023 No. 21 s 18\n(sec.33-ssec.1) This section applies if a reportable offender resides more than 100 kilometres from— the nearest police station; or the place stated in a reporting obligations notice given to the offender as the place where the offender is required to make a report under this part.\n(sec.33-ssec.2) A reportable offender need not comply with a time limit about the making of a report in person under this part if— the offender, or a person entitled to make the report on the offender’s behalf, contacts the police commissioner before the time limit ends; and the police commissioner agrees to allow the report to be made at a specific time, that is after the time limit, and at a specific place; and when contacting the police commissioner under paragraph (a) , the person gives the police commissioner, by phone or another way, the information required to be reported under division 1 or 2 .\n(sec.33-ssec.3) The police commissioner must ensure that there is a method of recording all agreements made under this section.\n(sec.33-ssec.4) Without limiting subsection (3) , the recording method must result in the creation of a written record that— is identified by a unique reference number; and identifies when and where each agreement was made; and identifies the person who enters into any agreement; and contains the terms of any agreement.\n(sec.33-ssec.5) If an agreement is made under this section, the police commissioner must ensure that the reportable offender is given the reference number mentioned in subsection (4) (a) .\n(sec.33-ssec.6) The police commissioner must ensure that there is a method of recording all information given under subsection (2) .\n- (a) the nearest police station; or\n- (b) the place stated in a reporting obligations notice given to the offender as the place where the offender is required to make a report under this part.\n- (a) the offender, or a person entitled to make the report on the offender’s behalf, contacts the police commissioner before the time limit ends; and\n- (b) the police commissioner agrees to allow the report to be made at a specific time, that is after the time limit, and at a specific place; and\n- (c) when contacting the police commissioner under paragraph (a) , the person gives the police commissioner, by phone or another way, the information required to be reported under division 1 or 2 .\n- (a) is identified by a unique reference number; and\n- (b) identifies when and where each agreement was made; and\n- (c) identifies the person who enters into any agreement; and\n- (d) contains the terms of any agreement.","sortOrder":104},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Suspension and extension of reporting obligations","content":"## Suspension and extension of reporting obligations","sortOrder":105},{"sectionNumber":"sec.34","sectionType":"section","heading":"Suspension and extension of reporting obligations","content":"### sec.34 Suspension and extension of reporting obligations\n\nAny obligation imposed on a reportable offender by this part is suspended for any period during which the offender—\nis in government detention; or\nis outside Queensland unless—\nthe offender is someone to whom division 9 applies; or\nthe obligation is under section 21 ; or\nis the subject of an order under division 6 (or an equivalent order in a foreign jurisdiction); or\nis the subject of a decision made by the police commissioner under division 10 .\nFor the effect of a decision of a Magistrates Court on an appeal from a decision by the police commissioner under division 10 , see section 67J (5) .\nThe period for which a reportable offender’s reporting obligations continue is extended by any length of time for which the obligations are suspended under subsection (1) (a) .\nThis section does not apply to a forensic reportable offender.\ns 34 amd 2014 No. 34 s 17\n(sec.34-ssec.1) Any obligation imposed on a reportable offender by this part is suspended for any period during which the offender— is in government detention; or is outside Queensland unless— the offender is someone to whom division 9 applies; or the obligation is under section 21 ; or is the subject of an order under division 6 (or an equivalent order in a foreign jurisdiction); or is the subject of a decision made by the police commissioner under division 10 . For the effect of a decision of a Magistrates Court on an appeal from a decision by the police commissioner under division 10 , see section 67J (5) .\n(sec.34-ssec.2) The period for which a reportable offender’s reporting obligations continue is extended by any length of time for which the obligations are suspended under subsection (1) (a) .\n(sec.34-ssec.3) This section does not apply to a forensic reportable offender.\n- (a) is in government detention; or\n- (b) is outside Queensland unless— (i) the offender is someone to whom division 9 applies; or (ii) the obligation is under section 21 ; or\n- (i) the offender is someone to whom division 9 applies; or\n- (ii) the obligation is under section 21 ; or\n- (c) is the subject of an order under division 6 (or an equivalent order in a foreign jurisdiction); or\n- (d) is the subject of a decision made by the police commissioner under division 10 . Note— For the effect of a decision of a Magistrates Court on an appeal from a decision by the police commissioner under division 10 , see section 67J (5) .\n- (i) the offender is someone to whom division 9 applies; or\n- (ii) the obligation is under section 21 ; or","sortOrder":106},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Reporting period","content":"## Reporting period","sortOrder":107},{"sectionNumber":"sec.35","sectionType":"section","heading":"Simplified outline of div 5","content":"### sec.35 Simplified outline of div 5\n\nThis division provides for the period for which a reportable offender must comply with reporting obligations imposed on the offender under this part.\nGenerally, a reportable offender who is convicted of a reportable offence is required to comply with the reporting obligations imposed on the offender under this part in relation to the reportable offence for the period worked out under subdivision 2 as follows—\nsection 36 provides for when the reporting period for the reportable offence starts;\nsections 37 to 39A provide for when the reporting period for the reportable offence ends, depending on—\nwhen the offender committed the offence; and\nwhether the offender has committed other reportable offences for which the offender has been required to comply with reporting obligations imposed on the offender under this part; and\nwhether the offender was a child when the offence was committed.\nA longer reporting period may apply to a reportable offender in relation to a reportable offence under section 39B if the offender is on parole for the offence when the reporting period for the offence would otherwise end.\nA reportable offender is required to comply with reporting obligations imposed on the offender under this part in relation to a reportable offence even if the reportable offender is already complying with reporting obligations imposed on the offender under this part in relation to another reportable offence.\nSubdivision 3 provides for a reportable offender to comply with reporting obligations imposed on the offender under this part other than in relation to a reportable offence as follows—\nunder section 39D , while the offender is subject to a forensic order under the Mental Health Act 2016 , if an offender reporting order is made with the forensic order;\nunder section 39E , while the offender is subject to an offender prohibition order;\nunder section 39F , if the offender is the respondent to a registered corresponding order;\nunder section 39G , if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\nunder section 39H , if the offender is a corresponding reportable offender.\ns 35 amd 2014 No. 34 s 18 ; 2017 No. 14 s 20 ; 2018 No. 20 s 3K\nsub 2023 No. 10 s 14\n(sec.35-ssec.1) This division provides for the period for which a reportable offender must comply with reporting obligations imposed on the offender under this part.\n(sec.35-ssec.2) Generally, a reportable offender who is convicted of a reportable offence is required to comply with the reporting obligations imposed on the offender under this part in relation to the reportable offence for the period worked out under subdivision 2 as follows— section 36 provides for when the reporting period for the reportable offence starts; sections 37 to 39A provide for when the reporting period for the reportable offence ends, depending on— when the offender committed the offence; and whether the offender has committed other reportable offences for which the offender has been required to comply with reporting obligations imposed on the offender under this part; and whether the offender was a child when the offence was committed.\n(sec.35-ssec.3) A longer reporting period may apply to a reportable offender in relation to a reportable offence under section 39B if the offender is on parole for the offence when the reporting period for the offence would otherwise end.\n(sec.35-ssec.4) A reportable offender is required to comply with reporting obligations imposed on the offender under this part in relation to a reportable offence even if the reportable offender is already complying with reporting obligations imposed on the offender under this part in relation to another reportable offence.\n(sec.35-ssec.5) Subdivision 3 provides for a reportable offender to comply with reporting obligations imposed on the offender under this part other than in relation to a reportable offence as follows— under section 39D , while the offender is subject to a forensic order under the Mental Health Act 2016 , if an offender reporting order is made with the forensic order; under section 39E , while the offender is subject to an offender prohibition order; under section 39F , if the offender is the respondent to a registered corresponding order; under section 39G , if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; under section 39H , if the offender is a corresponding reportable offender.\n- (a) section 36 provides for when the reporting period for the reportable offence starts;\n- (b) sections 37 to 39A provide for when the reporting period for the reportable offence ends, depending on— (i) when the offender committed the offence; and (ii) whether the offender has committed other reportable offences for which the offender has been required to comply with reporting obligations imposed on the offender under this part; and (iii) whether the offender was a child when the offence was committed.\n- (i) when the offender committed the offence; and\n- (ii) whether the offender has committed other reportable offences for which the offender has been required to comply with reporting obligations imposed on the offender under this part; and\n- (iii) whether the offender was a child when the offence was committed.\n- (i) when the offender committed the offence; and\n- (ii) whether the offender has committed other reportable offences for which the offender has been required to comply with reporting obligations imposed on the offender under this part; and\n- (iii) whether the offender was a child when the offence was committed.\n- (a) under section 39D , while the offender is subject to a forensic order under the Mental Health Act 2016 , if an offender reporting order is made with the forensic order;\n- (b) under section 39E , while the offender is subject to an offender prohibition order;\n- (c) under section 39F , if the offender is the respondent to a registered corresponding order;\n- (d) under section 39G , if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (e) under section 39H , if the offender is a corresponding reportable offender.","sortOrder":108},{"sectionNumber":"sec.36","sectionType":"section","heading":"When reporting obligations start","content":"### sec.36 When reporting obligations start\n\nThe reporting obligations imposed on a reportable offender under this part for a reportable offence start—\nif the reportable offence is an offence that resulted in an offender reporting order being made against the offender—when the offender reporting order is made; or\nif the reportable offender entered government detention for the reportable offence—when the offender stops being in government detention for the offence; or\nif the reportable offender is subject to a supervision order for the reportable offence—when the supervision order is made; or\notherwise—when the reportable offender is sentenced for the offence.\nThe reporting obligations imposed on an existing reportable offender under this part, for a reportable offence of which the offender was convicted before 1 January 2005, are taken to have started on the latest of the following—\nwhen the offender was sentenced for the reportable offence;\nwhen the offender stopped being in government detention for the reportable offence;\nif the reportable offender was subject to a pre-2005 reporting order on 1 January 2005—when the pre-2005 reporting order was imposed on the reportable offender.\ns 36 amd 2014 No. 34 s 19 ; 2017 No. 14 s 21\nsub 2023 No. 10 s 14\n(sec.36-ssec.1) The reporting obligations imposed on a reportable offender under this part for a reportable offence start— if the reportable offence is an offence that resulted in an offender reporting order being made against the offender—when the offender reporting order is made; or if the reportable offender entered government detention for the reportable offence—when the offender stops being in government detention for the offence; or if the reportable offender is subject to a supervision order for the reportable offence—when the supervision order is made; or otherwise—when the reportable offender is sentenced for the offence.\n(sec.36-ssec.2) The reporting obligations imposed on an existing reportable offender under this part, for a reportable offence of which the offender was convicted before 1 January 2005, are taken to have started on the latest of the following— when the offender was sentenced for the reportable offence; when the offender stopped being in government detention for the reportable offence; if the reportable offender was subject to a pre-2005 reporting order on 1 January 2005—when the pre-2005 reporting order was imposed on the reportable offender.\n- (a) if the reportable offence is an offence that resulted in an offender reporting order being made against the offender—when the offender reporting order is made; or\n- (b) if the reportable offender entered government detention for the reportable offence—when the offender stops being in government detention for the offence; or\n- (c) if the reportable offender is subject to a supervision order for the reportable offence—when the supervision order is made; or\n- (d) otherwise—when the reportable offender is sentenced for the offence.\n- (a) when the offender was sentenced for the reportable offence;\n- (b) when the offender stopped being in government detention for the reportable offence;\n- (c) if the reportable offender was subject to a pre-2005 reporting order on 1 January 2005—when the pre-2005 reporting order was imposed on the reportable offender.","sortOrder":109},{"sectionNumber":"sec.37","sectionType":"section","heading":"Length of reporting period—existing reportable offence","content":"### sec.37 Length of reporting period—existing reportable offence\n\nA reportable offender convicted of an existing reportable offence must comply with reporting obligations imposed on the offender under this part for the offence for 5 years.\nHowever, the reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 10 years if—\nthe offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and\nthe existing reportable offence is 1 single offence committed by the offender after being given the notice; and\nthe offender has not been convicted of a reportable offence committed after the commencement day.\ns 37 amd 2014 No. 34 s 20\nsub 2023 No. 10 s 14\n(sec.37-ssec.1) A reportable offender convicted of an existing reportable offence must comply with reporting obligations imposed on the offender under this part for the offence for 5 years.\n(sec.37-ssec.2) However, the reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 10 years if— the offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and the existing reportable offence is 1 single offence committed by the offender after being given the notice; and the offender has not been convicted of a reportable offence committed after the commencement day.\n- (a) the offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and\n- (b) the existing reportable offence is 1 single offence committed by the offender after being given the notice; and\n- (c) the offender has not been convicted of a reportable offence committed after the commencement day.","sortOrder":110},{"sectionNumber":"sec.38","sectionType":"section","heading":"Length of reporting period—reportable offence other than existing reportable offence","content":"### sec.38 Length of reporting period—reportable offence other than existing reportable offence\n\nThis section applies to a reportable offender convicted of a reportable offence other than an existing reportable offence.\nThe reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 10 years.\nHowever, the reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 20 years if—\nthe offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and\nthe reportable offence is 1 single offence committed by the offender after being given the notice; and\nthe offender has not been convicted of another reportable offence committed after the commencement day.\ns 38 amd 2006 No. 29 s 518 sch 3\nsub 2023 No. 10 s 14\n(sec.38-ssec.1) This section applies to a reportable offender convicted of a reportable offence other than an existing reportable offence.\n(sec.38-ssec.2) The reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 10 years.\n(sec.38-ssec.3) However, the reportable offender must comply with reporting obligations imposed on the offender under this part for the offence for 20 years if— the offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and the reportable offence is 1 single offence committed by the offender after being given the notice; and the offender has not been convicted of another reportable offence committed after the commencement day.\n- (a) the offender was given notice of reporting obligations under this Act or a corresponding Act in relation to 1 or more other reportable offences, regardless of when the other offences were committed; and\n- (b) the reportable offence is 1 single offence committed by the offender after being given the notice; and\n- (c) the offender has not been convicted of another reportable offence committed after the commencement day.","sortOrder":111},{"sectionNumber":"sec.38A","sectionType":"section","heading":null,"content":"### Section sec.38A\n\ns 38A ins 2018 No. 20 s 3L\nom 2023 No. 10 s 14","sortOrder":112},{"sectionNumber":"sec.39","sectionType":"section","heading":"Life-long reporting for particular repeat offenders","content":"### sec.39 Life-long reporting for particular repeat offenders\n\nA reportable offender must comply with reporting obligations imposed on the offender under this part for the remainder of the offender’s life if the offender—\nhas been convicted of 1 or more reportable offences, regardless of when the offences were committed; and\nwas given notice of reporting obligations under this Act or a corresponding Act in relation to the offence or offences; and\ncommitted, and was convicted of, more than 1 reportable offence—\nafter being given the notice; and\nregardless of when the offences were committed or the offender was convicted of the offences.\nThis section applies despite sections 37 and 38 .\ns 39 sub 2023 No. 10 s 14\n(sec.39-ssec.1) A reportable offender must comply with reporting obligations imposed on the offender under this part for the remainder of the offender’s life if the offender— has been convicted of 1 or more reportable offences, regardless of when the offences were committed; and was given notice of reporting obligations under this Act or a corresponding Act in relation to the offence or offences; and committed, and was convicted of, more than 1 reportable offence— after being given the notice; and regardless of when the offences were committed or the offender was convicted of the offences.\n(sec.39-ssec.2) This section applies despite sections 37 and 38 .\n- (a) has been convicted of 1 or more reportable offences, regardless of when the offences were committed; and\n- (b) was given notice of reporting obligations under this Act or a corresponding Act in relation to the offence or offences; and\n- (c) committed, and was convicted of, more than 1 reportable offence— (i) after being given the notice; and (ii) regardless of when the offences were committed or the offender was convicted of the offences.\n- (i) after being given the notice; and\n- (ii) regardless of when the offences were committed or the offender was convicted of the offences.\n- (i) after being given the notice; and\n- (ii) regardless of when the offences were committed or the offender was convicted of the offences.","sortOrder":113},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Reduced reporting period for child reportable offenders","content":"### sec.39A Reduced reporting period for child reportable offenders\n\nThis section applies to a reportable offender in relation to a reportable offence the offender committed as a child.\nDespite sections 37 , 38 and 39 , the reportable offender must comply with the reporting obligations imposed on the offender under this part for the reportable offence for—\nif section 37 applies to the offender—half of the period that would otherwise apply to the offender under that section; or\nif section 38 (2) applies to the offender—4 years; or\nif section 38 (3) applies to the offender—7½ years; or\nif section 39 applies to the offender—7½ years.\ns 39A ins 2023 No. 10 s 14\n(sec.39A-ssec.1) This section applies to a reportable offender in relation to a reportable offence the offender committed as a child.\n(sec.39A-ssec.2) Despite sections 37 , 38 and 39 , the reportable offender must comply with the reporting obligations imposed on the offender under this part for the reportable offence for— if section 37 applies to the offender—half of the period that would otherwise apply to the offender under that section; or if section 38 (2) applies to the offender—4 years; or if section 38 (3) applies to the offender—7½ years; or if section 39 applies to the offender—7½ years.\n- (a) if section 37 applies to the offender—half of the period that would otherwise apply to the offender under that section; or\n- (b) if section 38 (2) applies to the offender—4 years; or\n- (c) if section 38 (3) applies to the offender—7½ years; or\n- (d) if section 39 applies to the offender—7½ years.","sortOrder":114},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Extended reporting period for reportable offender on parole","content":"### sec.39B Extended reporting period for reportable offender on parole\n\nThis section applies if—\na reportable offender is on parole in relation to a reportable offence; and\nthe reporting period that applies to the offender under another provision of this subdivision ends before the sentence of imprisonment to which the parole relates ends.\nDespite sections 37 to 39A , the reportable offender must continue to comply with the reporting obligations imposed on the offender under this part until the term of imprisonment to which the parole relates ends.\ns 39 B ins 2023 No. 10 s 14\n(sec.39B-ssec.1) This section applies if— a reportable offender is on parole in relation to a reportable offence; and the reporting period that applies to the offender under another provision of this subdivision ends before the sentence of imprisonment to which the parole relates ends.\n(sec.39B-ssec.2) Despite sections 37 to 39A , the reportable offender must continue to comply with the reporting obligations imposed on the offender under this part until the term of imprisonment to which the parole relates ends.\n- (a) a reportable offender is on parole in relation to a reportable offence; and\n- (b) the reporting period that applies to the offender under another provision of this subdivision ends before the sentence of imprisonment to which the parole relates ends.","sortOrder":115},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Application of subdivision","content":"### sec.39C Application of subdivision\n\nThis subdivision applies despite subdivision 2 .\ns 39 C ins 2023 No. 10 s 14","sortOrder":116},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Forensic reportable offenders","content":"### sec.39D Forensic reportable offenders\n\nA forensic reportable offender must comply with the reporting obligations imposed on the offender under this part for the period—\nstarting when an offender reporting order made with a forensic order under the Mental Health Act 2016 is imposed on the person; and\nending when the forensic order is revoked.\ns 39 D ins 2023 No. 10 s 14\n- (a) starting when an offender reporting order made with a forensic order under the Mental Health Act 2016 is imposed on the person; and\n- (b) ending when the forensic order is revoked.","sortOrder":117},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Reportable offenders subject to offender prohibition order","content":"### sec.39E Reportable offenders subject to offender prohibition order\n\nA reportable offender who is subject to an offender prohibition order must comply with the reporting obligations imposed on the offender under this part while the offender prohibition order is in effect.\ns 39 E ins 2023 No. 10 s 14","sortOrder":118},{"sectionNumber":"sec.39F","sectionType":"section","heading":"Respondents for registered corresponding order","content":"### sec.39F Respondents for registered corresponding order\n\nA reportable offender who is the respondent for a registered corresponding order must comply with the reporting obligations imposed on the offender under this part for the period—\nstarting on the day the order is registered; and\nending when the shortest of the following periods ends—\nthe period the registered corresponding order has effect;\nfor an adult respondent—5 years;\nfor a child respondent—2 years.\ns 39 F ins 2023 No. 10 s 14\n- (a) starting on the day the order is registered; and\n- (b) ending when the shortest of the following periods ends— (i) the period the registered corresponding order has effect; (ii) for an adult respondent—5 years; (iii) for a child respondent—2 years.\n- (i) the period the registered corresponding order has effect;\n- (ii) for an adult respondent—5 years;\n- (iii) for a child respondent—2 years.\n- (i) the period the registered corresponding order has effect;\n- (ii) for an adult respondent—5 years;\n- (iii) for a child respondent—2 years.","sortOrder":119},{"sectionNumber":"sec.39G","sectionType":"section","heading":"Reportable offenders ever subject to division 3 order","content":"### sec.39G Reportable offenders ever subject to division 3 order\n\nA reportable offender who has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 must continue to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life.\ns 39 G ins 2023 No. 10 s 14","sortOrder":120},{"sectionNumber":"sec.39H","sectionType":"section","heading":"Corresponding reportable offenders","content":"### sec.39H Corresponding reportable offenders\n\nThis section applies if the foreign reporting period for a corresponding reportable offence is longer than the period that applies to the offender under subdivision 2 for the offence.\nThe corresponding reportable offender must continue to comply with the reporting obligations imposed on the offender under this part until the foreign reporting period ends.\nThe foreign reporting period for a corresponding reportable offence is the period a corresponding reportable offender is required to report to the corresponding registrar in a foreign jurisdiction because the offender was convicted of the offence.\ns 39 H ins 2023 No. 10 s 14\n(sec.39H-ssec.1) This section applies if the foreign reporting period for a corresponding reportable offence is longer than the period that applies to the offender under subdivision 2 for the offence.\n(sec.39H-ssec.2) The corresponding reportable offender must continue to comply with the reporting obligations imposed on the offender under this part until the foreign reporting period ends.\n(sec.39H-ssec.3) The foreign reporting period for a corresponding reportable offence is the period a corresponding reportable offender is required to report to the corresponding registrar in a foreign jurisdiction because the offender was convicted of the offence.","sortOrder":121},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 No. 34 s 21","sortOrder":122},{"sectionNumber":"pt.4-div.5A","sectionType":"division","heading":"Obligations about DNA sampling and analysis","content":"## Obligations about DNA sampling and analysis","sortOrder":123},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Allowing DNA sample to be taken","content":"### sec.40A Allowing DNA sample to be taken\n\nA reportable offender must comply with a written notice given to the offender by the police commissioner requiring the offender to—\nattend at a stated time and place; and\nallow a DNA sampler to take a DNA sample from the offender for DNA analysis.\nFor the offence for failing to comply with a notice, see section 50 .\nHowever, a reportable offender need not comply with subsection (1) if either of the following is currently kept under the Police Powers and Responsibilities Act 2000 —\na DNA sample taken from the reportable offender;\nthe results of a DNA analysis of the DNA sample.\nThe Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 applies in relation to a DNA sample taken under this section.\nIn this section—\nDNA sample see the Police Powers and Responsibilities Act 2000 , schedule 6 .\nDNA sampler see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 40A ins 2011 No. 10 s 14\nsub 2014 No. 34 s 22\n(sec.40A-ssec.1) A reportable offender must comply with a written notice given to the offender by the police commissioner requiring the offender to— attend at a stated time and place; and allow a DNA sampler to take a DNA sample from the offender for DNA analysis. For the offence for failing to comply with a notice, see section 50 .\n(sec.40A-ssec.2) However, a reportable offender need not comply with subsection (1) if either of the following is currently kept under the Police Powers and Responsibilities Act 2000 — a DNA sample taken from the reportable offender; the results of a DNA analysis of the DNA sample.\n(sec.40A-ssec.3) The Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 applies in relation to a DNA sample taken under this section.\n(sec.40A-ssec.4) In this section— DNA sample see the Police Powers and Responsibilities Act 2000 , schedule 6 . DNA sampler see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) attend at a stated time and place; and\n- (b) allow a DNA sampler to take a DNA sample from the offender for DNA analysis.\n- (a) a DNA sample taken from the reportable offender;\n- (b) the results of a DNA analysis of the DNA sample.","sortOrder":124},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Exemption from reporting obligations","content":"## Exemption from reporting obligations","sortOrder":125},{"sectionNumber":"sec.41","sectionType":"section","heading":"Supreme Court may exempt particular reportable offenders","content":"### sec.41 Supreme Court may exempt particular reportable offenders\n\nThis division applies to a reportable offender who is required to continue to comply with the reporting obligations imposed by this part for the rest of the offender’s life.\nA reportable offender may apply to the Supreme Court for an order suspending the reporting obligations imposed on the offender under this part if—\nthe minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days—\nthe day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;\nthe day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;\nthe day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\nthe offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and\nthe offender is not subject to parole in relation to a reportable offence.\nFor sub section 2 (a) , the minimum period is—\nif the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or\notherwise—25 years.\ns 41 amd 2006 No. 29 s 518 sch 3 ; 2018 No. 20 s 3M ; 2023 No. 10 s 15\n(sec.41-ssec.1) This division applies to a reportable offender who is required to continue to comply with the reporting obligations imposed by this part for the rest of the offender’s life.\n(sec.41-ssec.2) A reportable offender may apply to the Supreme Court for an order suspending the reporting obligations imposed on the offender under this part if— the minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days— the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence; the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence; the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and the offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and the offender is not subject to parole in relation to a reportable offence.\n(sec.41-ssec.3) For sub section 2 (a) , the minimum period is— if the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or otherwise—25 years.\n- (a) the minimum period has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days— (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence; (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence; (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\n- (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;\n- (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;\n- (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\n- (b) the offender did not become the subject of a life-long reporting period under a corresponding Act while in a foreign jurisdiction before becoming the subject of a life-long reporting period in Queensland; and\n- (c) the offender is not subject to parole in relation to a reportable offence.\n- (i) the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;\n- (ii) the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;\n- (iii) the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and\n- (a) if the requirement for the reportable offender to comply with the reporting obligations imposed on the offender under this part for the remainder of the offender’s life applied immediately before the commencement day—15 years; or\n- (b) otherwise—25 years.","sortOrder":126},{"sectionNumber":"sec.42","sectionType":"section","heading":"Order for suspension","content":"### sec.42 Order for suspension\n\nOn the application of a reportable offender mentioned in section 41 (2) , the Supreme Court may make an order suspending the offender’s reporting obligations.\nThe court must not make the order unless it is satisfied that the offender does not pose a risk to the safety of children.\nWhen deciding whether to make the order, the court must take into account—\nthe seriousness of the offender’s reportable offences and corresponding reportable offences; and\nthe period of time since the offences were committed; and\nthe age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims, when the offences were committed; and\nthe offender’s present age; and\nthe offender’s criminal record; and\nany other matter that the court considers appropriate.\n(sec.42-ssec.1) On the application of a reportable offender mentioned in section 41 (2) , the Supreme Court may make an order suspending the offender’s reporting obligations.\n(sec.42-ssec.2) The court must not make the order unless it is satisfied that the offender does not pose a risk to the safety of children.\n(sec.42-ssec.3) When deciding whether to make the order, the court must take into account— the seriousness of the offender’s reportable offences and corresponding reportable offences; and the period of time since the offences were committed; and the age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims, when the offences were committed; and the offender’s present age; and the offender’s criminal record; and any other matter that the court considers appropriate.\n- (a) the seriousness of the offender’s reportable offences and corresponding reportable offences; and\n- (b) the period of time since the offences were committed; and\n- (c) the age of the offender, the age of the victims of the offences, and the difference in age between the offender and the victims, when the offences were committed; and\n- (d) the offender’s present age; and\n- (e) the offender’s criminal record; and\n- (f) any other matter that the court considers appropriate.","sortOrder":127},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 No. 28 s 105 sch 1","sortOrder":128},{"sectionNumber":"sec.44","sectionType":"section","heading":"Police to be notified of order","content":"### sec.44 Police to be notified of order\n\nA registrar of the Supreme Court must notify the police commissioner of the terms of any order made under this division, unless the police commissioner is a party to the application.","sortOrder":129},{"sectionNumber":"sec.45","sectionType":"section","heading":"No costs to be awarded","content":"### sec.45 No costs to be awarded\n\nThe Supreme Court may not award costs in relation to proceedings under this division.","sortOrder":130},{"sectionNumber":"sec.46","sectionType":"section","heading":"Right of appeal","content":"### sec.46 Right of appeal\n\nA party to proceedings under this division may appeal to the Court of Appeal, on a question of law, from any decision of the Supreme Court in the proceedings.","sortOrder":131},{"sectionNumber":"sec.47","sectionType":"section","heading":"Restriction on right of unsuccessful applicant to re-apply for order","content":"### sec.47 Restriction on right of unsuccessful applicant to re-apply for order\n\nIf the Supreme Court refuses to make an order under this division, the reportable offender is not entitled to make a further application to the court until 5 years have elapsed from the date of the refusal, unless the court otherwise orders at the time of the refusal.","sortOrder":132},{"sectionNumber":"sec.48","sectionType":"section","heading":"When order stops having effect","content":"### sec.48 When order stops having effect\n\nAn order made under this division stops having effect if, at any time after the making of the order, the reportable offender becomes—\na reportable offender, other than a corresponding reportable offender; or\na corresponding reportable offender who must, under section 39 , continue to comply with the reporting obligations imposed by this part for any period.\nAn order that stopped having effect under subsection (1) is revived if—\nthe conviction that caused the order to stop having effect is quashed or set aside by a court; or\nfor an order that stopped having effect under subsection (1) (a) —\nthe offender reporting order is quashed on appeal; or\nthe offender’s conviction in relation to the offence that resulted in the making of that order is quashed or set aside by a court.\nFor this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in relation to a conviction or offender reporting order.\ns 48 amd 2023 No. 10 s 16 (1)\n(sec.48-ssec.1) An order made under this division stops having effect if, at any time after the making of the order, the reportable offender becomes— a reportable offender, other than a corresponding reportable offender; or a corresponding reportable offender who must, under section 39 , continue to comply with the reporting obligations imposed by this part for any period.\n(sec.48-ssec.2) An order that stopped having effect under subsection (1) is revived if— the conviction that caused the order to stop having effect is quashed or set aside by a court; or for an order that stopped having effect under subsection (1) (a) — the offender reporting order is quashed on appeal; or the offender’s conviction in relation to the offence that resulted in the making of that order is quashed or set aside by a court.\n(sec.48-ssec.3) For this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in relation to a conviction or offender reporting order.\n- (a) a reportable offender, other than a corresponding reportable offender; or\n- (b) a corresponding reportable offender who must, under section 39 , continue to comply with the reporting obligations imposed by this part for any period.\n- (a) the conviction that caused the order to stop having effect is quashed or set aside by a court; or\n- (b) for an order that stopped having effect under subsection (1) (a) — (i) the offender reporting order is quashed on appeal; or (ii) the offender’s conviction in relation to the offence that resulted in the making of that order is quashed or set aside by a court.\n- (i) the offender reporting order is quashed on appeal; or\n- (ii) the offender’s conviction in relation to the offence that resulted in the making of that order is quashed or set aside by a court.\n- (i) the offender reporting order is quashed on appeal; or\n- (ii) the offender’s conviction in relation to the offence that resulted in the making of that order is quashed or set aside by a court.","sortOrder":133},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application for new order","content":"### sec.49 Application for new order\n\nIf an order stops having effect under section 48 (1) , the reportable offender may apply under this division for a new order.\nSection 47 does not apply to an application under subsection (1) .\nIf an order stops having effect under section 48 (1) , on an application under this division for a new order, section 41 (2) (a) applies as if the period referred to were a period of 15 years (ignoring any period during which the offender was in government detention) since the offender last committed a reportable offence or corresponding reportable offence.\n(sec.49-ssec.1) If an order stops having effect under section 48 (1) , the reportable offender may apply under this division for a new order.\n(sec.49-ssec.2) Section 47 does not apply to an application under subsection (1) .\n(sec.49-ssec.3) If an order stops having effect under section 48 (1) , on an application under this division for a new order, section 41 (2) (a) applies as if the period referred to were a period of 15 years (ignoring any period during which the offender was in government detention) since the offender last committed a reportable offence or corresponding reportable offence.","sortOrder":134},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":135},{"sectionNumber":"sec.50","sectionType":"section","heading":"Failure to comply with reporting obligations","content":"### sec.50 Failure to comply with reporting obligations\n\nA reportable offender must comply with the offender’s reporting obligations, unless the offender has a reasonable excuse.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (1) is a crime.\nWhen deciding whether a reportable offender has a reasonable excuse, the court must have regard to—\nthe offender’s age; and\nwhether the offender has a disability that affects the offender’s ability to understand, or to comply with, the obligations; and\nwhether the form of notice given to the offender about the obligations was adequate to inform the offender of the obligations, having regard to the offender’s circumstances; and\nany matter specified by a regulation for the purposes of this section; and\nany other matter that the court considers is appropriate.\nIt is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.\nIf a reportable offender is convicted of an offence against subsection (1) , the police commissioner may, by giving the offender a reporting obligations notice under section 54A (3) , require the offender to report the unreported information to the commissioner.\nThe unreported information is the personal details, change in personal details or other information the reportable offender was required to report under a reporting obligation the offender is convicted of failing to comply with.\nA reporting obligations notice mentioned in subsection (5) must state—\nthe personal details, change in personal details or other information the offender is required to report; and\nthe ways in which the offender is required to, or may, make the report; and\nthat the offender must make the report—\nif the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or\notherwise—within 7 days after being given the notice.\nSection 26 applies for making the report under subsection (5) as if the report were a periodic report.\nFor subsection (1) , a reportable offender’s reporting obligations include complying with the requirement imposed on the offender under subsection (5) .\ns 50 amd 2011 No. 10 s 15 ; 2023 No. 21 s 19\n(sec.50-ssec.1) A reportable offender must comply with the offender’s reporting obligations, unless the offender has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.50-ssec.2) An offence against subsection (1) is a crime.\n(sec.50-ssec.3) When deciding whether a reportable offender has a reasonable excuse, the court must have regard to— the offender’s age; and whether the offender has a disability that affects the offender’s ability to understand, or to comply with, the obligations; and whether the form of notice given to the offender about the obligations was adequate to inform the offender of the obligations, having regard to the offender’s circumstances; and any matter specified by a regulation for the purposes of this section; and any other matter that the court considers is appropriate.\n(sec.50-ssec.4) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.\n(sec.50-ssec.5) If a reportable offender is convicted of an offence against subsection (1) , the police commissioner may, by giving the offender a reporting obligations notice under section 54A (3) , require the offender to report the unreported information to the commissioner.\n(sec.50-ssec.6) The unreported information is the personal details, change in personal details or other information the reportable offender was required to report under a reporting obligation the offender is convicted of failing to comply with.\n(sec.50-ssec.7) A reporting obligations notice mentioned in subsection (5) must state— the personal details, change in personal details or other information the offender is required to report; and the ways in which the offender is required to, or may, make the report; and that the offender must make the report— if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or otherwise—within 7 days after being given the notice.\n(sec.50-ssec.8) Section 26 applies for making the report under subsection (5) as if the report were a periodic report.\n(sec.50-ssec.9) For subsection (1) , a reportable offender’s reporting obligations include complying with the requirement imposed on the offender under subsection (5) .\n- (a) the offender’s age; and\n- (b) whether the offender has a disability that affects the offender’s ability to understand, or to comply with, the obligations; and\n- (c) whether the form of notice given to the offender about the obligations was adequate to inform the offender of the obligations, having regard to the offender’s circumstances; and\n- (d) any matter specified by a regulation for the purposes of this section; and\n- (e) any other matter that the court considers is appropriate.\n- (a) the personal details, change in personal details or other information the offender is required to report; and\n- (b) the ways in which the offender is required to, or may, make the report; and\n- (c) that the offender must make the report— (i) if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or (ii) otherwise—within 7 days after being given the notice.\n- (i) if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or\n- (ii) otherwise—within 7 days after being given the notice.\n- (i) if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or\n- (ii) otherwise—within 7 days after being given the notice.","sortOrder":136},{"sectionNumber":"sec.53","sectionType":"section","heading":"Bar to prosecution for failing to report leaving Queensland","content":"### sec.53 Bar to prosecution for failing to report leaving Queensland\n\nThis section applies if—\na reportable offender leaves Queensland; and\nthe offender is convicted of failing to report the offender’s presence in a foreign jurisdiction, as required by a corresponding Act.\nThe offender must not be prosecuted for a failure to comply with section 20 in relation to the travel out of Queensland.\ns 53 amd 2023 No. 10 s 16 (2) ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.53-ssec.1) This section applies if— a reportable offender leaves Queensland; and the offender is convicted of failing to report the offender’s presence in a foreign jurisdiction, as required by a corresponding Act.\n(sec.53-ssec.2) The offender must not be prosecuted for a failure to comply with section 20 in relation to the travel out of Queensland.\n- (a) a reportable offender leaves Queensland; and\n- (b) the offender is convicted of failing to report the offender’s presence in a foreign jurisdiction, as required by a corresponding Act.","sortOrder":137},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Notification of reporting obligations","content":"## Notification of reporting obligations","sortOrder":138},{"sectionNumber":"sec.54","sectionType":"section","heading":"Initial notice to be given to reportable offender","content":"### sec.54 Initial notice to be given to reportable offender\n\nA reportable offender must be given written notice of—\nthe offender’s reporting obligations; and\nthe consequences that may arise if the offender fails to comply with those obligations.\nA reportable offender must be given the notice as soon as practicable after any of the following events happen—\nthe offender is—\nsentenced for a reportable offence; or\nmade subject to an offender reporting order or offender prohibition order;\nthe offender is released from government detention (whether in government detention for a reportable offence or otherwise);\nthe offender enters Queensland, if the offender has not previously been given notice of the offender’s reporting obligations in Queensland;\nthe offender becomes a corresponding reportable offender, if the person is in Queensland at that time.\nThe notice must be given by the entity specified in, or determined under, a regulation.\nHowever, an entity is not required to give the notice if—\nit has been given by another entity; or\nthe police commissioner has given the reportable offender a reporting obligations notice.\nA regulation under subsection (3) must not specify a court, or an officer of the court, to be an entity except when the court has made an offender reporting order.\nDespite anything to the contrary in this division, a notice given under this section is not required to specify the reportable offender’s reporting period if, as required by a regulation, a notice containing that information is given to the reportable offender when reporting the offender’s personal details to the police commissioner.\ns 54 amd 2007 No. 27 s 5 ; 2014 No. 34 s 23 ; 2017 No. 14 s 25 ; 2023 No. 21 s 27; 2024 No. 24 s 57 sch 1 pt 2\n(sec.54-ssec.1) A reportable offender must be given written notice of— the offender’s reporting obligations; and the consequences that may arise if the offender fails to comply with those obligations.\n(sec.54-ssec.2) A reportable offender must be given the notice as soon as practicable after any of the following events happen— the offender is— sentenced for a reportable offence; or made subject to an offender reporting order or offender prohibition order; the offender is released from government detention (whether in government detention for a reportable offence or otherwise); the offender enters Queensland, if the offender has not previously been given notice of the offender’s reporting obligations in Queensland; the offender becomes a corresponding reportable offender, if the person is in Queensland at that time.\n(sec.54-ssec.3) The notice must be given by the entity specified in, or determined under, a regulation.\n(sec.54-ssec.4) However, an entity is not required to give the notice if— it has been given by another entity; or the police commissioner has given the reportable offender a reporting obligations notice.\n(sec.54-ssec.5) A regulation under subsection (3) must not specify a court, or an officer of the court, to be an entity except when the court has made an offender reporting order.\n(sec.54-ssec.6) Despite anything to the contrary in this division, a notice given under this section is not required to specify the reportable offender’s reporting period if, as required by a regulation, a notice containing that information is given to the reportable offender when reporting the offender’s personal details to the police commissioner.\n- (a) the offender’s reporting obligations; and\n- (b) the consequences that may arise if the offender fails to comply with those obligations.\n- (a) the offender is— (i) sentenced for a reportable offence; or (ii) made subject to an offender reporting order or offender prohibition order;\n- (i) sentenced for a reportable offence; or\n- (ii) made subject to an offender reporting order or offender prohibition order;\n- (b) the offender is released from government detention (whether in government detention for a reportable offence or otherwise);\n- (c) the offender enters Queensland, if the offender has not previously been given notice of the offender’s reporting obligations in Queensland;\n- (d) the offender becomes a corresponding reportable offender, if the person is in Queensland at that time.\n- (i) sentenced for a reportable offence; or\n- (ii) made subject to an offender reporting order or offender prohibition order;\n- (a) it has been given by another entity; or\n- (b) the police commissioner has given the reportable offender a reporting obligations notice.","sortOrder":139},{"sectionNumber":"sec.54A","sectionType":"section","heading":"Reporting obligations notice","content":"### sec.54A Reporting obligations notice\n\nAs soon as practicable after an event mentioned in section 54 (2) happens in relation to a reportable offender, the police commissioner must give the offender a written notice (a reporting obligations notice and also an initial reporting obligations notice ) about—\nthe offender’s reporting obligations; and\nthe consequences that may arise if the offender fails to comply with the obligations.\nAn initial reporting obligations notice must state—\nthe police station or other place where the offender is required to make the offender’s initial report; and\nthe ways in which the offender is required to, or may, make a periodic report; and\nif the notice states that the offender must make a periodic report in person—the police station or other place where the offender is required to make the report.\nThe police commissioner may give a reportable offender a further notice about the offender’s reporting obligations (also a reporting obligations notice ) at any other time.\nA reporting obligations notice under subsection (3) may state the following matters—\nthe ways in which the offender is required to, or may, make—\na periodic report; or\nanother report the offender is required to make under this part;\nif the notice states that the offender must make a report in person—the police station or other place where the offender is required to make the report;\nif the police commissioner decides to change the frequency of the offender’s periodic reports under section 19 —when the offender is required to make periodic reports;\nif the police commissioner decides to require the offender to report changes in the offender’s personal details under section 19B —that the offender is required to report the changes in the offender’s personal details mentioned in section 19B (3) ;\nif the commissioner decides to require a reportable offender convicted of an offence against section 50 (1) to report the unreported information under section 50 (5) —the information stated in section 50 (7) .\nA reporting obligations notice applies to a reportable offender until—\nthe offender’s reporting period ends; or\nthe police commissioner gives the offender another reporting obligations notice under this section.\nA police officer is authorised to give a reporting obligations notice to a reportable offender on behalf of the police commissioner.\ns 54A ins 2023 No. 21 s 28\n(sec.54A-ssec.1) As soon as practicable after an event mentioned in section 54 (2) happens in relation to a reportable offender, the police commissioner must give the offender a written notice (a reporting obligations notice and also an initial reporting obligations notice ) about— the offender’s reporting obligations; and the consequences that may arise if the offender fails to comply with the obligations.\n(sec.54A-ssec.2) An initial reporting obligations notice must state— the police station or other place where the offender is required to make the offender’s initial report; and the ways in which the offender is required to, or may, make a periodic report; and if the notice states that the offender must make a periodic report in person—the police station or other place where the offender is required to make the report.\n(sec.54A-ssec.3) The police commissioner may give a reportable offender a further notice about the offender’s reporting obligations (also a reporting obligations notice ) at any other time.\n(sec.54A-ssec.4) A reporting obligations notice under subsection (3) may state the following matters— the ways in which the offender is required to, or may, make— a periodic report; or another report the offender is required to make under this part; if the notice states that the offender must make a report in person—the police station or other place where the offender is required to make the report; if the police commissioner decides to change the frequency of the offender’s periodic reports under section 19 —when the offender is required to make periodic reports; if the police commissioner decides to require the offender to report changes in the offender’s personal details under section 19B —that the offender is required to report the changes in the offender’s personal details mentioned in section 19B (3) ; if the commissioner decides to require a reportable offender convicted of an offence against section 50 (1) to report the unreported information under section 50 (5) —the information stated in section 50 (7) .\n(sec.54A-ssec.5) A reporting obligations notice applies to a reportable offender until— the offender’s reporting period ends; or the police commissioner gives the offender another reporting obligations notice under this section.\n(sec.54A-ssec.6) A police officer is authorised to give a reporting obligations notice to a reportable offender on behalf of the police commissioner.\n- (a) the offender’s reporting obligations; and\n- (b) the consequences that may arise if the offender fails to comply with the obligations.\n- (a) the police station or other place where the offender is required to make the offender’s initial report; and\n- (b) the ways in which the offender is required to, or may, make a periodic report; and\n- (c) if the notice states that the offender must make a periodic report in person—the police station or other place where the offender is required to make the report.\n- (a) the ways in which the offender is required to, or may, make— (i) a periodic report; or (ii) another report the offender is required to make under this part;\n- (i) a periodic report; or\n- (ii) another report the offender is required to make under this part;\n- (b) if the notice states that the offender must make a report in person—the police station or other place where the offender is required to make the report;\n- (c) if the police commissioner decides to change the frequency of the offender’s periodic reports under section 19 —when the offender is required to make periodic reports;\n- (d) if the police commissioner decides to require the offender to report changes in the offender’s personal details under section 19B —that the offender is required to report the changes in the offender’s personal details mentioned in section 19B (3) ;\n- (e) if the commissioner decides to require a reportable offender convicted of an offence against section 50 (1) to report the unreported information under section 50 (5) —the information stated in section 50 (7) .\n- (i) a periodic report; or\n- (ii) another report the offender is required to make under this part;\n- (a) the offender’s reporting period ends; or\n- (b) the police commissioner gives the offender another reporting obligations notice under this section.","sortOrder":140},{"sectionNumber":"sec.55","sectionType":"section","heading":"Courts to provide sentencing information to police commissioner","content":"### sec.55 Courts to provide sentencing information to police commissioner\n\nThis section applies if a court—\nmakes any order or imposes any sentence that has the effect of making a person a reportable offender for this Act; or\nimposes any sentence on a person for a reportable offence; or\nmakes any order in relation to a reportable offender that has the effect of removing the offender from the ambit of this Act.\nParagraph (c) would apply, for instance, if a court on appeal quashes a person’s conviction for a reportable offence for which the person had been sentenced and that was the only reportable offence that the person had ever been convicted of.\nThe court must ensure that details of the order or sentence are given to the police commissioner as soon as practicable after the making or imposition of the order or sentence.\nFor subsection (2) , it is sufficient for the verdict and judgement record, made under the Criminal Practice Rules, to be given to the police commissioner.\nIn this section—\ncourt does not include a court of a foreign jurisdiction.\ns 55 amd 2023 No. 10 s 16 (1) – (2)\n(sec.55-ssec.1) This section applies if a court— makes any order or imposes any sentence that has the effect of making a person a reportable offender for this Act; or imposes any sentence on a person for a reportable offence; or makes any order in relation to a reportable offender that has the effect of removing the offender from the ambit of this Act. Paragraph (c) would apply, for instance, if a court on appeal quashes a person’s conviction for a reportable offence for which the person had been sentenced and that was the only reportable offence that the person had ever been convicted of.\n(sec.55-ssec.2) The court must ensure that details of the order or sentence are given to the police commissioner as soon as practicable after the making or imposition of the order or sentence.\n(sec.55-ssec.3) For subsection (2) , it is sufficient for the verdict and judgement record, made under the Criminal Practice Rules, to be given to the police commissioner.\n(sec.55-ssec.4) In this section— court does not include a court of a foreign jurisdiction.\n- (a) makes any order or imposes any sentence that has the effect of making a person a reportable offender for this Act; or\n- (b) imposes any sentence on a person for a reportable offence; or\n- (c) makes any order in relation to a reportable offender that has the effect of removing the offender from the ambit of this Act. Example— Paragraph (c) would apply, for instance, if a court on appeal quashes a person’s conviction for a reportable offence for which the person had been sentenced and that was the only reportable offence that the person had ever been convicted of.","sortOrder":141},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice to be given when reporting period changes","content":"### sec.56 Notice to be given when reporting period changes\n\nThis section applies to a reportable offender whose reporting period has changed since the offender was last notified of the offender’s reporting period in Queensland.\nThe police commissioner must give written notice to the reportable offender as soon as practicable after the change.\ns 56 amd 2017 No. 14 s 26 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.56-ssec.1) This section applies to a reportable offender whose reporting period has changed since the offender was last notified of the offender’s reporting period in Queensland.\n(sec.56-ssec.2) The police commissioner must give written notice to the reportable offender as soon as practicable after the change.","sortOrder":142},{"sectionNumber":"sec.57","sectionType":"section","heading":"Supervising authority to notify police commissioner of personal details","content":"### sec.57 Supervising authority to notify police commissioner of personal details\n\nFor the purposes of this Act, the police commissioner may require a supervising authority who the police commissioner reasonably considers has the personal details of a reportable offender to give the details to the police commissioner.\nThe supervising authority is authorised and directed to give the details to the police commissioner.\nIf a reportable offender has failed to report and can not be located, the police commissioner may ask the supervising authority for the offender’s address.\n(sec.57-ssec.1) For the purposes of this Act, the police commissioner may require a supervising authority who the police commissioner reasonably considers has the personal details of a reportable offender to give the details to the police commissioner.\n(sec.57-ssec.2) The supervising authority is authorised and directed to give the details to the police commissioner. If a reportable offender has failed to report and can not be located, the police commissioner may ask the supervising authority for the offender’s address.","sortOrder":143},{"sectionNumber":"sec.58","sectionType":"section","heading":"Supervising authority to notify police commissioner of particular events","content":"### sec.58 Supervising authority to notify police commissioner of particular events\n\nAs soon as practicable before or after a decision mentioned in any of the following provisions of the Mental Health Act 2016 is made in relation to a forensic reportable offender, the supervising authority is authorised and directed to give written notice of that fact to the police commissioner—\nchapter 5 , part 4 , division 2 , subdivision 2 ;\nsection 221 ;\nchapter 12 , part 3 , division 4 ;\nsection 525 .\nAs soon as practicable before or after any other reportable offender—\nis on unescorted leave of absence; or\nis authorised to leave Queensland under the Corrective Services Act 2006 or the Youth Justice Act 1992 ; or\nstops being in government detention, including because of the making of a supervision order; or\nstops being subject to a supervision order;\nthe supervising authority is authorised and directed to give written notice of that fact to the police commissioner.\nA notice under this section must include any details required by a regulation.\nSubsection (2) applies regardless of why a reportable offender who was in government detention or subject to the supervision order was in government detention or subject to the supervision order.\ns 58 amd 2006 No. 29 s 518 sch 3 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 7; 2016 No. 5 s 923 sch 4\n(sec.58-ssec.1) As soon as practicable before or after a decision mentioned in any of the following provisions of the Mental Health Act 2016 is made in relation to a forensic reportable offender, the supervising authority is authorised and directed to give written notice of that fact to the police commissioner— chapter 5 , part 4 , division 2 , subdivision 2 ; section 221 ; chapter 12 , part 3 , division 4 ; section 525 .\n(sec.58-ssec.2) As soon as practicable before or after any other reportable offender— is on unescorted leave of absence; or is authorised to leave Queensland under the Corrective Services Act 2006 or the Youth Justice Act 1992 ; or stops being in government detention, including because of the making of a supervision order; or stops being subject to a supervision order; the supervising authority is authorised and directed to give written notice of that fact to the police commissioner.\n(sec.58-ssec.3) A notice under this section must include any details required by a regulation.\n(sec.58-ssec.4) Subsection (2) applies regardless of why a reportable offender who was in government detention or subject to the supervision order was in government detention or subject to the supervision order.\n- (a) chapter 5 , part 4 , division 2 , subdivision 2 ;\n- (b) section 221 ;\n- (c) chapter 12 , part 3 , division 4 ;\n- (d) section 525 .\n- (a) is on unescorted leave of absence; or\n- (b) is authorised to leave Queensland under the Corrective Services Act 2006 or the Youth Justice Act 1992 ; or\n- (c) stops being in government detention, including because of the making of a supervision order; or\n- (d) stops being subject to a supervision order;","sortOrder":144},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2014 No. 34 s 24","sortOrder":145},{"sectionNumber":"sec.60","sectionType":"section","heading":"Power of detention to enable notice to be given","content":"### sec.60 Power of detention to enable notice to be given\n\nThis section applies if there are reasonable grounds to suspect that—\na person is a reportable offender; and\nthe person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.\nA police officer may detain the person if it is reasonably necessary to do so—\nto enable a decision to be made about—\nwhether or not the person is a reportable offender; or\nif the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or\nto enable the person to be given notice of those obligations if the person is not aware of them.\nWhen detaining the person, the police officer must tell the person—\nwhy the person is being detained; and\nthat the detention is authorised under this Act; and\nthat the person will be released immediately after the reasons for the detention are satisfied.\nThe detained person—\nmay be taken to the nearest police station; and\nmust—\nnot be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and\nnot be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and\nbe released immediately after the purpose of detention is satisfied.\ns 60 amd 2014 No. 34 s 25 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.60-ssec.1) This section applies if there are reasonable grounds to suspect that— a person is a reportable offender; and the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.\n(sec.60-ssec.2) A police officer may detain the person if it is reasonably necessary to do so— to enable a decision to be made about— whether or not the person is a reportable offender; or if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or to enable the person to be given notice of those obligations if the person is not aware of them.\n(sec.60-ssec.3) When detaining the person, the police officer must tell the person— why the person is being detained; and that the detention is authorised under this Act; and that the person will be released immediately after the reasons for the detention are satisfied.\n(sec.60-ssec.4) The detained person— may be taken to the nearest police station; and must— not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and be released immediately after the purpose of detention is satisfied.\n- (a) a person is a reportable offender; and\n- (b) the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.\n- (a) to enable a decision to be made about— (i) whether or not the person is a reportable offender; or (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or\n- (i) whether or not the person is a reportable offender; or\n- (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or\n- (b) to enable the person to be given notice of those obligations if the person is not aware of them.\n- (i) whether or not the person is a reportable offender; or\n- (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or\n- (a) why the person is being detained; and\n- (b) that the detention is authorised under this Act; and\n- (c) that the person will be released immediately after the reasons for the detention are satisfied.\n- (a) may be taken to the nearest police station; and\n- (b) must— (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and (iii) be released immediately after the purpose of detention is satisfied.\n- (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and\n- (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and\n- (iii) be released immediately after the purpose of detention is satisfied.\n- (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and\n- (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and\n- (iii) be released immediately after the purpose of detention is satisfied.","sortOrder":146},{"sectionNumber":"sec.61","sectionType":"section","heading":"Failure to comply with procedural requirements does not affect reportable offender’s obligations","content":"### sec.61 Failure to comply with procedural requirements does not affect reportable offender’s obligations\n\nA failure by a person other than a reportable offender to comply with a procedural requirement imposed on the person by this part or a regulation does not, of itself, affect a reportable offender’s reporting obligations.\nThis section aims to prevent a reportable offender who was not given notice of a reporting obligation by an official as required by this part from arguing that the obligation does not apply to the reportable offender as a result of that failure if there is evidence that the reportable offender was aware of the obligation through some other way. If there is no evidence of that, then the reportable offender would have a defence to the charge under section 50 (4) on the basis that the person was not aware of the obligation.\ns 61 amd 2011 No. 10 s 18 ; 2024 No. 24 s 57 s ch 1 pt 2","sortOrder":147},{"sectionNumber":"pt.4-div.9","sectionType":"division","heading":"Modified reporting procedures for protected witnesses","content":"## Modified reporting procedures for protected witnesses","sortOrder":148},{"sectionNumber":"sec.62","sectionType":"section","heading":"Who this division applies to","content":"### sec.62 Who this division applies to\n\nThis division applies to a reportable offender who—\nis currently a participant in a witness protection program; or\nis the subject of an order in force under this division declaring that the person is a person to whom this division applies; or\nhas been a participant in a witness protection program but in relation to whom an order under this division is not yet in effect.\nThis division (other than sections 64 to 66 ) also applies to a reportable offender who—\nis receiving protection under a foreign witness protection law specified by a regulation for the purposes of this subsection; or\nhas the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified by a regulation for the purposes of this subsection.\nIn this division—\nwitness protection program has the same meaning as it has in the Witness Protection Act 2000 .\nSection 5 (3) excludes from the definition reportable offender persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as those persons under a corresponding Act that is so prescribed.\n(sec.62-ssec.1) This division applies to a reportable offender who— is currently a participant in a witness protection program; or is the subject of an order in force under this division declaring that the person is a person to whom this division applies; or has been a participant in a witness protection program but in relation to whom an order under this division is not yet in effect.\n(sec.62-ssec.2) This division (other than sections 64 to 66 ) also applies to a reportable offender who— is receiving protection under a foreign witness protection law specified by a regulation for the purposes of this subsection; or has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified by a regulation for the purposes of this subsection.\n(sec.62-ssec.3) In this division— witness protection program has the same meaning as it has in the Witness Protection Act 2000 . Section 5 (3) excludes from the definition reportable offender persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as those persons under a corresponding Act that is so prescribed.\n- (a) is currently a participant in a witness protection program; or\n- (b) is the subject of an order in force under this division declaring that the person is a person to whom this division applies; or\n- (c) has been a participant in a witness protection program but in relation to whom an order under this division is not yet in effect.\n- (a) is receiving protection under a foreign witness protection law specified by a regulation for the purposes of this subsection; or\n- (b) has the same status as a person mentioned in paragraph (a) under an order made under a corresponding Act specified by a regulation for the purposes of this subsection.","sortOrder":149},{"sectionNumber":"sec.63","sectionType":"section","heading":"Report need not be made in person","content":"### sec.63 Report need not be made in person\n\nIt is sufficient compliance with this part if—\na person to whom this division applies reports the information that the person is required to report under this part at the times, and in a way, authorised by the police commissioner for the purposes of this section; and\nthe acknowledgement of the making of a report is given in a way approved by the police commissioner.\n- (a) a person to whom this division applies reports the information that the person is required to report under this part at the times, and in a way, authorised by the police commissioner for the purposes of this section; and\n- (b) the acknowledgement of the making of a report is given in a way approved by the police commissioner.","sortOrder":150},{"sectionNumber":"sec.64","sectionType":"section","heading":"Order about whether this division applies","content":"### sec.64 Order about whether this division applies\n\nThe police commissioner must make an order declaring that a reportable offender who is, or has been, a participant in a witness protection program either is, or is not, a person to whom this division applies—\nwhen the reportable offender stops being a participant in the program as a result of a withdrawal under the Witness Protection Act 2000 , section 13 ; or\nwhen the chairperson of the Crime and Corruption Commission makes a decision under the Witness Protection Act 2000 , section 14 , to end the protection and assistance given to the reportable offender under the program.\nOn making the order, the police commissioner must take reasonable steps to notify the reportable offender of the terms of the order.\nA person who receives the notice may, within 28 days after receiving it, apply in writing to the police commissioner for a review of the decision.\nOn receiving an application for a review, the police commissioner must—\ngive the applicant a reasonable opportunity to state the applicant’s case before making a decision on the matter; and\nreview the order, and confirm or reverse it; and\ngive written notice of the decision to the applicant.\nIf the police commissioner’s decision is to confirm the order, the notice of the decision must inform the applicant of the applicant’s rights under section 65 .\ns 64 amd 2005 No. 17 s 45 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.64-ssec.1) The police commissioner must make an order declaring that a reportable offender who is, or has been, a participant in a witness protection program either is, or is not, a person to whom this division applies— when the reportable offender stops being a participant in the program as a result of a withdrawal under the Witness Protection Act 2000 , section 13 ; or when the chairperson of the Crime and Corruption Commission makes a decision under the Witness Protection Act 2000 , section 14 , to end the protection and assistance given to the reportable offender under the program.\n(sec.64-ssec.2) On making the order, the police commissioner must take reasonable steps to notify the reportable offender of the terms of the order.\n(sec.64-ssec.3) A person who receives the notice may, within 28 days after receiving it, apply in writing to the police commissioner for a review of the decision.\n(sec.64-ssec.4) On receiving an application for a review, the police commissioner must— give the applicant a reasonable opportunity to state the applicant’s case before making a decision on the matter; and review the order, and confirm or reverse it; and give written notice of the decision to the applicant.\n(sec.64-ssec.5) If the police commissioner’s decision is to confirm the order, the notice of the decision must inform the applicant of the applicant’s rights under section 65 .\n- (a) when the reportable offender stops being a participant in the program as a result of a withdrawal under the Witness Protection Act 2000 , section 13 ; or\n- (b) when the chairperson of the Crime and Corruption Commission makes a decision under the Witness Protection Act 2000 , section 14 , to end the protection and assistance given to the reportable offender under the program.\n- (a) give the applicant a reasonable opportunity to state the applicant’s case before making a decision on the matter; and\n- (b) review the order, and confirm or reverse it; and\n- (c) give written notice of the decision to the applicant.","sortOrder":151},{"sectionNumber":"sec.65","sectionType":"section","heading":"Appeal against order","content":"### sec.65 Appeal against order\n\nA person who is aggrieved by a decision of the police commissioner about an order under this division may appeal to the Supreme Court against the decision within 3 days after receiving notice of the decision.\nThe Supreme Court, in deciding the appeal, may make any decision that could have been made by the police commissioner.\nThe Supreme Court’s decision for the appeal is final and has effect according to its terms.\n(sec.65-ssec.1) A person who is aggrieved by a decision of the police commissioner about an order under this division may appeal to the Supreme Court against the decision within 3 days after receiving notice of the decision.\n(sec.65-ssec.2) The Supreme Court, in deciding the appeal, may make any decision that could have been made by the police commissioner.\n(sec.65-ssec.3) The Supreme Court’s decision for the appeal is final and has effect according to its terms.","sortOrder":152},{"sectionNumber":"sec.66","sectionType":"section","heading":"When order takes effect","content":"### sec.66 When order takes effect\n\nAn order declaring that this division applies to a reportable offender takes effect immediately.\nAn order declaring that this division does not apply to a reportable offender takes effect—\nat the end of 28 days after notice of the making of the order is given to the reportable offender; or\nif an application mentioned in section 64 (3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as mentioned in section 64 (4) (c) ; or\nif an appeal is made under section 65 before the end of that 3 day period, on the day on which the Supreme Court decides the appeal;\nwhichever is the later.\n(sec.66-ssec.1) An order declaring that this division applies to a reportable offender takes effect immediately.\n(sec.66-ssec.2) An order declaring that this division does not apply to a reportable offender takes effect— at the end of 28 days after notice of the making of the order is given to the reportable offender; or if an application mentioned in section 64 (3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as mentioned in section 64 (4) (c) ; or if an appeal is made under section 65 before the end of that 3 day period, on the day on which the Supreme Court decides the appeal; whichever is the later.\n- (a) at the end of 28 days after notice of the making of the order is given to the reportable offender; or\n- (b) if an application mentioned in section 64 (3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as mentioned in section 64 (4) (c) ; or\n- (c) if an appeal is made under section 65 before the end of that 3 day period, on the day on which the Supreme Court decides the appeal;","sortOrder":153},{"sectionNumber":"sec.67","sectionType":"section","heading":"Modification of reporting obligations","content":"### sec.67 Modification of reporting obligations\n\nSections 20 to 23 and 53 and schedule 2 apply to a person to whom this division applies as if a reference to Queensland were a reference to the jurisdiction in which the person generally resides.\ns 67 amd 2014 No. 34 s 26","sortOrder":154},{"sectionNumber":"pt.4-div.10","sectionType":"division","heading":"Police commissioner may suspend reporting obligations for particular reportable offenders","content":"## Police commissioner may suspend reporting obligations for particular reportable offenders","sortOrder":155},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Application of this division","content":"### sec.67A Application of this division\n\nThis division applies to a reportable offender who—\nwas a child when the person committed the offence that makes the person a reportable offender; or\nhas a cognitive or physical impairment; or\nhas a mental illness.\ns 67A ins 2014 No. 34 s 27\namd 2017 No. 14 s 27 ; 2024 No. 24 s 57 s ch 1 pt 2\n- (a) was a child when the person committed the offence that makes the person a reportable offender; or\n- (b) has a cognitive or physical impairment; or\n- (c) has a mental illness.","sortOrder":156},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Reportable offenders under legal guardianship","content":"### sec.67B Reportable offenders under legal guardianship\n\nThis section applies if the police commissioner is required under this division to give written notice to a reportable offender who is—\na child; or\nan adult for whom a legal guardian has been appointed.\nThe police commissioner must give a copy of the notice to—\nthe reportable offender; and\neither—\nif the reportable offender is a child—the offender’s parent or legal guardian; or\nif the reportable offender is an adult for whom a legal guardian has been appointed—the offender’s legal guardian.\ns 67B ins 2014 No. 34 s 27\n(sec.67B-ssec.1) This section applies if the police commissioner is required under this division to give written notice to a reportable offender who is— a child; or an adult for whom a legal guardian has been appointed.\n(sec.67B-ssec.2) The police commissioner must give a copy of the notice to— the reportable offender; and either— if the reportable offender is a child—the offender’s parent or legal guardian; or if the reportable offender is an adult for whom a legal guardian has been appointed—the offender’s legal guardian.\n- (a) a child; or\n- (b) an adult for whom a legal guardian has been appointed.\n- (a) the reportable offender; and\n- (b) either— (i) if the reportable offender is a child—the offender’s parent or legal guardian; or (ii) if the reportable offender is an adult for whom a legal guardian has been appointed—the offender’s legal guardian.\n- (i) if the reportable offender is a child—the offender’s parent or legal guardian; or\n- (ii) if the reportable offender is an adult for whom a legal guardian has been appointed—the offender’s legal guardian.\n- (i) if the reportable offender is a child—the offender’s parent or legal guardian; or\n- (ii) if the reportable offender is an adult for whom a legal guardian has been appointed—the offender’s legal guardian.","sortOrder":157},{"sectionNumber":"sec.67C","sectionType":"section","heading":"Suspension of reporting obligations of reportable offenders on police commissioner’s own initiative","content":"### sec.67C Suspension of reporting obligations of reportable offenders on police commissioner’s own initiative\n\nThe police commissioner may suspend the reportable offender’s reporting obligations on the commissioner’s own initiative only if satisfied, on reasonable grounds, that—\nthe offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and\nif the offender has a cognitive or physical impairment—the impairment is a significant impairment; and\nif the offender has a mental illness—the illness is a significant mental illness.\nThe police commissioner must give the reportable offender written notice of the suspension as soon as reasonably practicable.\nThe suspension takes effect when the commissioner gives the notice to the reportable offender.\ns 67C ins 2014 No. 34 s 27\namd 2017 No. 14 s 28\n(sec.67C-ssec.1) The police commissioner may suspend the reportable offender’s reporting obligations on the commissioner’s own initiative only if satisfied, on reasonable grounds, that— the offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and if the offender has a cognitive or physical impairment—the impairment is a significant impairment; and if the offender has a mental illness—the illness is a significant mental illness.\n(sec.67C-ssec.2) The police commissioner must give the reportable offender written notice of the suspension as soon as reasonably practicable.\n(sec.67C-ssec.3) The suspension takes effect when the commissioner gives the notice to the reportable offender.\n- (a) the offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and\n- (b) if the offender has a cognitive or physical impairment—the impairment is a significant impairment; and\n- (c) if the offender has a mental illness—the illness is a significant mental illness.","sortOrder":158},{"sectionNumber":"sec.67D","sectionType":"section","heading":"Reportable offenders may apply for suspension of reporting obligations","content":"### sec.67D Reportable offenders may apply for suspension of reporting obligations\n\nThe reportable offender may apply, in writing, to the police commissioner for a suspension of the offender’s reporting obligations.\nIf the reportable offender is a child or an adult for whom a legal guardian has been appointed, the offender’s parent or guardian may apply for the offender.\nThe reportable offender’s reporting obligations are not suspended only because the application is made.\nThe police commissioner must decide whether to grant or refuse the application as soon as reasonably practicable after receiving the application.\nThe police commissioner may grant the application only if satisfied, on reasonable grounds, that—\nthe reportable offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and\nif the reportable offender has a cognitive or physical impairment—the impairment is a significant impairment; and\nif the offender has a mental illness—the illness is a significant mental illness.\nThe police commissioner must give written notice of the grant or refusal of the application to the reportable offender as soon as reasonably practicable.\nA suspension of the reportable offender’s reporting obligations takes effect when the commissioner gives the notice to the reportable offender.\ns 67D ins 2014 No. 34 s 27\namd 2017 No. 14 s 29\n(sec.67D-ssec.1) The reportable offender may apply, in writing, to the police commissioner for a suspension of the offender’s reporting obligations.\n(sec.67D-ssec.2) If the reportable offender is a child or an adult for whom a legal guardian has been appointed, the offender’s parent or guardian may apply for the offender.\n(sec.67D-ssec.3) The reportable offender’s reporting obligations are not suspended only because the application is made.\n(sec.67D-ssec.4) The police commissioner must decide whether to grant or refuse the application as soon as reasonably practicable after receiving the application.\n(sec.67D-ssec.5) The police commissioner may grant the application only if satisfied, on reasonable grounds, that— the reportable offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and if the reportable offender has a cognitive or physical impairment—the impairment is a significant impairment; and if the offender has a mental illness—the illness is a significant mental illness.\n(sec.67D-ssec.6) The police commissioner must give written notice of the grant or refusal of the application to the reportable offender as soon as reasonably practicable.\n(sec.67D-ssec.7) A suspension of the reportable offender’s reporting obligations takes effect when the commissioner gives the notice to the reportable offender.\n- (a) the reportable offender does not pose a risk to the lives or sexual safety of 1 or more children, or of children generally; and\n- (b) if the reportable offender has a cognitive or physical impairment—the impairment is a significant impairment; and\n- (c) if the offender has a mental illness—the illness is a significant mental illness.","sortOrder":159},{"sectionNumber":"sec.67E","sectionType":"section","heading":"Effect of suspension","content":"### sec.67E Effect of suspension\n\nWhile a suspension granted under this division is in force, the reportable offender is not required to make any report other than an initial report.\ns 67E ins 2014 No. 34 s 27","sortOrder":160},{"sectionNumber":"sec.67F","sectionType":"section","heading":"Revocation of suspension","content":"### sec.67F Revocation of suspension\n\nThe police commissioner may at any time revoke a suspension made under this division if the commissioner believes, on reasonable grounds—\nthe reportable offender poses, or may pose, a risk to the lives or sexual safety of 1 or more children, or of children generally; or\nif the reportable offender has a cognitive or physical impairment—the impairment is not, or is no longer, a significant impairment; or\nif the offender has a mental illness—the illness is not, or is no longer, a significant mental illness.\nIf the police commissioner revokes a suspension, the police commissioner must give the reportable offender written notice of the revocation as soon as reasonably practicable.\nThe revocation takes effect when the police commissioner gives the notice to the reportable offender.\ns 67F ins 2014 No. 34 s 27\namd 2017 No. 14 s 30\n(sec.67F-ssec.1) The police commissioner may at any time revoke a suspension made under this division if the commissioner believes, on reasonable grounds— the reportable offender poses, or may pose, a risk to the lives or sexual safety of 1 or more children, or of children generally; or if the reportable offender has a cognitive or physical impairment—the impairment is not, or is no longer, a significant impairment; or if the offender has a mental illness—the illness is not, or is no longer, a significant mental illness.\n(sec.67F-ssec.2) If the police commissioner revokes a suspension, the police commissioner must give the reportable offender written notice of the revocation as soon as reasonably practicable.\n(sec.67F-ssec.3) The revocation takes effect when the police commissioner gives the notice to the reportable offender.\n- (a) the reportable offender poses, or may pose, a risk to the lives or sexual safety of 1 or more children, or of children generally; or\n- (b) if the reportable offender has a cognitive or physical impairment—the impairment is not, or is no longer, a significant impairment; or\n- (c) if the offender has a mental illness—the illness is not, or is no longer, a significant mental illness.","sortOrder":161},{"sectionNumber":"pt.4AA","sectionType":"part","heading":"Offences and proceedings for offences","content":"# Offences and proceedings for offences","sortOrder":162},{"sectionNumber":"pt.4AA-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":163},{"sectionNumber":"sec.67FA","sectionType":"section","heading":"Failing to comply with offender prohibition order","content":"### sec.67FA Failing to comply with offender prohibition order\n\nA respondent for an offender prohibition order must not contravene the offender prohibition order, unless the respondent has a reasonable excuse.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (1) is a crime.\nIf an issue is raised in a proceeding of whether the respondent knew of the offender prohibition order, it is enough if it is proved—\nthe respondent was present in court when the prohibition order was made; or\nthe respondent was served personally with a copy of the prohibition order; or\na police officer told the respondent about the existence of the prohibition order.\nA respondent for a registered corresponding order must not contravene the registered corresponding order, unless the respondent has a reasonable excuse.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (4) is a crime.\nIf an issue is raised in a proceeding of whether the respondent for a registered corresponding order knew of the registered corresponding order, it is enough if it is proved—\nthe respondent was present in court when the corresponding order was made and the corresponding order stated that it could be registered in another jurisdiction; or\nthe respondent was served personally with a copy of the corresponding order and the order stated that it could be registered in another jurisdiction; or\na police officer told the respondent about the existence of the corresponding order, including the fact that the corresponding order could be registered in another jurisdiction; or\nthat the respondent ought to have known that the corresponding order was registered in this jurisdiction.\nIn this section—\npolice officer , for subsection (6) (c) , includes a member of the police force of the jurisdiction where the registered corresponding order was made.\ns 67FA (prev s 51A) ins 2017 No. 14 s 22\nreloc and renum 2023 No. 21 s 21\n(sec.67FA-ssec.1) A respondent for an offender prohibition order must not contravene the offender prohibition order, unless the respondent has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.67FA-ssec.2) An offence against subsection (1) is a crime.\n(sec.67FA-ssec.3) If an issue is raised in a proceeding of whether the respondent knew of the offender prohibition order, it is enough if it is proved— the respondent was present in court when the prohibition order was made; or the respondent was served personally with a copy of the prohibition order; or a police officer told the respondent about the existence of the prohibition order.\n(sec.67FA-ssec.4) A respondent for a registered corresponding order must not contravene the registered corresponding order, unless the respondent has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.67FA-ssec.5) An offence against subsection (4) is a crime.\n(sec.67FA-ssec.6) If an issue is raised in a proceeding of whether the respondent for a registered corresponding order knew of the registered corresponding order, it is enough if it is proved— the respondent was present in court when the corresponding order was made and the corresponding order stated that it could be registered in another jurisdiction; or the respondent was served personally with a copy of the corresponding order and the order stated that it could be registered in another jurisdiction; or a police officer told the respondent about the existence of the corresponding order, including the fact that the corresponding order could be registered in another jurisdiction; or that the respondent ought to have known that the corresponding order was registered in this jurisdiction.\n(sec.67FA-ssec.7) In this section— police officer , for subsection (6) (c) , includes a member of the police force of the jurisdiction where the registered corresponding order was made.\n- (a) the respondent was present in court when the prohibition order was made; or\n- (b) the respondent was served personally with a copy of the prohibition order; or\n- (c) a police officer told the respondent about the existence of the prohibition order.\n- (a) the respondent was present in court when the corresponding order was made and the corresponding order stated that it could be registered in another jurisdiction; or\n- (b) the respondent was served personally with a copy of the corresponding order and the order stated that it could be registered in another jurisdiction; or\n- (c) a police officer told the respondent about the existence of the corresponding order, including the fact that the corresponding order could be registered in another jurisdiction; or\n- (d) that the respondent ought to have known that the corresponding order was registered in this jurisdiction.","sortOrder":164},{"sectionNumber":"sec.67FB","sectionType":"section","heading":"Reasonable excuse defence for contravening offender prohibition order","content":"### sec.67FB Reasonable excuse defence for contravening offender prohibition order\n\nWhen deciding whether a respondent had a reasonable excuse for contravening section 67FA (1) or (4) , the court must have regard to—\nthe respondent’s age; and\nwhether the respondent had, at the time of the contravention, a disability that affected the respondent’s ability to understand, or to comply with, the offender prohibition order or registered corresponding order; and\nwhether the form of notice given to the respondent about the offender prohibition order or registered corresponding order was adequate to inform the respondent of the respondent’s obligations under the order, having regard to the respondent’s circumstances; and\nany other matter the court considers appropriate.\ns 67FB (prev s 77E) ins 2017 No. 14 s 36\namd 2023 No. 21 s 38(1)–(2)\nreloc and renum 2023 No. 21 s 38 (3)\n- (a) the respondent’s age; and\n- (b) whether the respondent had, at the time of the contravention, a disability that affected the respondent’s ability to understand, or to comply with, the offender prohibition order or registered corresponding order; and\n- (c) whether the form of notice given to the respondent about the offender prohibition order or registered corresponding order was adequate to inform the respondent of the respondent’s obligations under the order, having regard to the respondent’s circumstances; and\n- (d) any other matter the court considers appropriate.","sortOrder":165},{"sectionNumber":"sec.67FC","sectionType":"section","heading":"Access information for digital devices","content":"### sec.67FC Access information for digital devices\n\nThis section applies if an authorised police officer suspects, on reasonable grounds, that a reportable offender has committed an indictable offence against this Act or the Dangerous Prisoners (Sexual Offenders) Act 2003 .\nThe authorised police officer may require the reportable offender to—\ngive a police officer access to a digital device—\nthat is in the offender’s possession; or\nto which the offender has access; or\ngive a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or\nallow a police officer to—\nuse the access information to gain access to device information from the device; or\nexamine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or\nmake a copy of device information from the device that may be relevant evidence, including by using another digital device; or\nconvert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person.\nThe reportable offender must comply with the requirement, unless the reportable offender has a reasonable excuse.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (3) is a crime.\nIt is not a reasonable excuse to fail to comply with the requirement that complying might tend to incriminate the reportable offender or expose the offender to a penalty.\nThe Police Powers and Responsibilities Act 2000 , sections 161 to 163 apply as if a reference in those sections to a police officer exercising powers under section 160 of that Act were a reference to the authorised police officer exercising a power under subsection (2) of this section.\nThe reportable offender does not commit an offence against subsection (3) unless a magistrate makes a post-search approval order under the Police Powers and Responsibilities Act 2000 , section 162 in relation to the exercise of a power under subsection (2) .\nThe police officer must inform the reportable offender, in a way that is reasonable in the circumstances, that the offender must comply with the requirement even though complying might tend to incriminate the offender or expose the offender to a penalty.\nIf a court convicts a reportable offender of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the offender to comply with the requirement.\nIn this section—\naccess information , for a digital device, means information necessary for a person to access or read device information from the device.\nuserid, username, passcode, password\nauthorised police officer means a police officer authorised in writing by the police commissioner to exercise a power under this Act.\ndevice information , from a digital device, means—\ninformation stored on the device; or\ninformation accessed, communicated or distributed by using the device, including by using an application on the device.\nimages stored on a computer\nlocation data stored on or sent from a mobile phone\nemails or text messages sent from a smart phone\nmessages or videos distributed from a social media application on a tablet computer\nrelevant evidence means evidence of the commission of—\na reportable offence; or\nan offence against this Act.\nstorage device ...\nstored ...\ns 67FC (prev s 51B) ins 2017 No. 14 s 22\namd 2020 No. 7 s 3 ; 2023 No. 21 s 22 (1) – (2)\nreloc and renum 2023 No. 21 s 22 (4)\namd 2024 No. 25 s 51\n(sec.67FC-ssec.1) This section applies if an authorised police officer suspects, on reasonable grounds, that a reportable offender has committed an indictable offence against this Act or the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n(sec.67FC-ssec.2) The authorised police officer may require the reportable offender to— give a police officer access to a digital device— that is in the offender’s possession; or to which the offender has access; or give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or allow a police officer to— use the access information to gain access to device information from the device; or examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or make a copy of device information from the device that may be relevant evidence, including by using another digital device; or convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person.\n(sec.67FC-ssec.3) The reportable offender must comply with the requirement, unless the reportable offender has a reasonable excuse. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.67FC-ssec.4) An offence against subsection (3) is a crime.\n(sec.67FC-ssec.5) It is not a reasonable excuse to fail to comply with the requirement that complying might tend to incriminate the reportable offender or expose the offender to a penalty.\n(sec.67FC-ssec.6) The Police Powers and Responsibilities Act 2000 , sections 161 to 163 apply as if a reference in those sections to a police officer exercising powers under section 160 of that Act were a reference to the authorised police officer exercising a power under subsection (2) of this section.\n(sec.67FC-ssec.7) The reportable offender does not commit an offence against subsection (3) unless a magistrate makes a post-search approval order under the Police Powers and Responsibilities Act 2000 , section 162 in relation to the exercise of a power under subsection (2) .\n(sec.67FC-ssec.8) The police officer must inform the reportable offender, in a way that is reasonable in the circumstances, that the offender must comply with the requirement even though complying might tend to incriminate the offender or expose the offender to a penalty.\n(sec.67FC-ssec.9) If a court convicts a reportable offender of an offence against subsection (3) , the court may, as well as imposing a penalty for the offence, order the offender to comply with the requirement.\n(sec.67FC-ssec.10) In this section— access information , for a digital device, means information necessary for a person to access or read device information from the device. userid, username, passcode, password authorised police officer means a police officer authorised in writing by the police commissioner to exercise a power under this Act. device information , from a digital device, means— information stored on the device; or information accessed, communicated or distributed by using the device, including by using an application on the device. images stored on a computer location data stored on or sent from a mobile phone emails or text messages sent from a smart phone messages or videos distributed from a social media application on a tablet computer relevant evidence means evidence of the commission of— a reportable offence; or an offence against this Act. storage device ... stored ...\n- (a) give a police officer access to a digital device— (i) that is in the offender’s possession; or (ii) to which the offender has access; or\n- (i) that is in the offender’s possession; or\n- (ii) to which the offender has access; or\n- (b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or\n- (c) allow a police officer to— (i) use the access information to gain access to device information from the device; or (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person.\n- (i) use the access information to gain access to device information from the device; or\n- (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person.\n- (i) that is in the offender’s possession; or\n- (ii) to which the offender has access; or\n- (i) use the access information to gain access to device information from the device; or\n- (ii) examine device information from the device, including by using a software program on the device, to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a person.\n- (a) information stored on the device; or\n- (b) information accessed, communicated or distributed by using the device, including by using an application on the device.\n- • images stored on a computer\n- • location data stored on or sent from a mobile phone\n- • emails or text messages sent from a smart phone\n- • messages or videos distributed from a social media application on a tablet computer\n- (a) a reportable offence; or\n- (b) an offence against this Act.","sortOrder":166},{"sectionNumber":"sec.67FD","sectionType":"section","heading":"False or misleading information","content":"### sec.67FD False or misleading information\n\nA person must not give information to a person under this Act that the person knows is false or misleading in a material particular.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (1) is a crime.\nSubsection (1) does not apply to information given in a document, if the person when giving the document—\ninforms the person being given the document, to the best of the person’s ability, how the information is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the information was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\ns 67FD (prev s 51) amd 2011 No. 10 s 16\nreloc and renum 2023 No. 21 s 20\n(sec.67FD-ssec.1) A person must not give information to a person under this Act that the person knows is false or misleading in a material particular. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.67FD-ssec.2) An offence against subsection (1) is a crime.\n(sec.67FD-ssec.3) Subsection (1) does not apply to information given in a document, if the person when giving the document— informs the person being given the document, to the best of the person’s ability, how the information is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.67FD-ssec.4) It is enough for a complaint against a person for an offence against subsection (1) to state that the information was ‘false or misleading’, without specifying whether it was false or whether it was misleading.\n- (a) informs the person being given the document, to the best of the person’s ability, how the information is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":167},{"sectionNumber":"sec.67FE","sectionType":"section","heading":"Prohibition on disclosing protected information","content":"### sec.67FE Prohibition on disclosing protected information\n\nA person who obtains protected information because of the person’s involvement in the administration of part 3A , including a proceeding under part 3A , must not disclose the information to anyone else.\nMaximum penalty—2 years imprisonment.\nSubsection (1) does not apply to—\na disclosure authorised by a magistrate or court in a proceeding under part 3A ; or\na disclosure authorised under an offender prohibition order or registered corresponding order; or\na disclosure by a person that the person is a respondent; or\na disclosure made in a proceeding before a court or tribunal; or\na disclosure to a respondent made for the purposes of—\nthe administration of part 3A ; or\nthe operation of the relevant offender prohibition order or registered corresponding order; or\na disclosure to a police officer, or someone else who is a member of a law enforcement agency of a State or the Commonwealth, for the purpose of the performance of the police officer’s or other person’s functions; or\na disclosure made for the purpose of an Act the operation of which requires the disclosure; or\na disclosure to a person involved in the respondent’s assessment and management under an Act; or\na corrective services officer under the Corrective Services Act 2006\na disclosure to a lawyer representing a person who is, or was, a party to a proceeding under part 3A ; or\na disclosure to anyone else to whom the disclosure is required or permitted to be made under an Act; or\nif the protected information relates to a child—a disclosure for a purpose directly related to the child’s protection or wellbeing.\nA person must not disclose protected information to another person with intention to incite anyone to intimidate or harass a respondent.\nMaximum penalty—300 penalty units or 5 years imprisonment.\nAn offence against subsection (3) is a crime.\nIn this section—\nAct includes an Act of the Commonwealth or another State.\nintimidate or harass includes—\nintimidate or harass whether on 1, or more than 1, occasion; and\nvilify, persecute, victimise and engage in any act of vigilantism.\nproceeding includes an application under part 3A and any prosecution for an offence against this Act.\nprotected information means—\nthe name of a respondent; or\nthe name of any victim of a reportable offence committed by a respondent; or\nthe name of any particular person referred to in a proceeding under part 3A as a person at risk because of the conduct prohibited, or proposed to be prohibited, by an offender prohibition order or registered corresponding order; or\nanything else reasonably likely to enable a person mentioned in paragraph (a) , (b) or (c) to be identified.\nrespondent means a respondent for a proposed offender prohibition order, an offender prohibition order, a corresponding order or a registered corresponding order.\ns 67FE (prev s 51C) ins 2017 No. 14 s 22\nreloc and renum 2023 No. 21 s 23\n(sec.67FE-ssec.1) A person who obtains protected information because of the person’s involvement in the administration of part 3A , including a proceeding under part 3A , must not disclose the information to anyone else. Maximum penalty—2 years imprisonment.\n(sec.67FE-ssec.2) Subsection (1) does not apply to— a disclosure authorised by a magistrate or court in a proceeding under part 3A ; or a disclosure authorised under an offender prohibition order or registered corresponding order; or a disclosure by a person that the person is a respondent; or a disclosure made in a proceeding before a court or tribunal; or a disclosure to a respondent made for the purposes of— the administration of part 3A ; or the operation of the relevant offender prohibition order or registered corresponding order; or a disclosure to a police officer, or someone else who is a member of a law enforcement agency of a State or the Commonwealth, for the purpose of the performance of the police officer’s or other person’s functions; or a disclosure made for the purpose of an Act the operation of which requires the disclosure; or a disclosure to a person involved in the respondent’s assessment and management under an Act; or a corrective services officer under the Corrective Services Act 2006 a disclosure to a lawyer representing a person who is, or was, a party to a proceeding under part 3A ; or a disclosure to anyone else to whom the disclosure is required or permitted to be made under an Act; or if the protected information relates to a child—a disclosure for a purpose directly related to the child’s protection or wellbeing.\n(sec.67FE-ssec.3) A person must not disclose protected information to another person with intention to incite anyone to intimidate or harass a respondent. Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.67FE-ssec.4) An offence against subsection (3) is a crime.\n(sec.67FE-ssec.5) In this section— Act includes an Act of the Commonwealth or another State. intimidate or harass includes— intimidate or harass whether on 1, or more than 1, occasion; and vilify, persecute, victimise and engage in any act of vigilantism. proceeding includes an application under part 3A and any prosecution for an offence against this Act. protected information means— the name of a respondent; or the name of any victim of a reportable offence committed by a respondent; or the name of any particular person referred to in a proceeding under part 3A as a person at risk because of the conduct prohibited, or proposed to be prohibited, by an offender prohibition order or registered corresponding order; or anything else reasonably likely to enable a person mentioned in paragraph (a) , (b) or (c) to be identified. respondent means a respondent for a proposed offender prohibition order, an offender prohibition order, a corresponding order or a registered corresponding order.\n- (a) a disclosure authorised by a magistrate or court in a proceeding under part 3A ; or\n- (b) a disclosure authorised under an offender prohibition order or registered corresponding order; or\n- (c) a disclosure by a person that the person is a respondent; or\n- (d) a disclosure made in a proceeding before a court or tribunal; or\n- (e) a disclosure to a respondent made for the purposes of— (i) the administration of part 3A ; or (ii) the operation of the relevant offender prohibition order or registered corresponding order; or\n- (i) the administration of part 3A ; or\n- (ii) the operation of the relevant offender prohibition order or registered corresponding order; or\n- (f) a disclosure to a police officer, or someone else who is a member of a law enforcement agency of a State or the Commonwealth, for the purpose of the performance of the police officer’s or other person’s functions; or\n- (g) a disclosure made for the purpose of an Act the operation of which requires the disclosure; or\n- (h) a disclosure to a person involved in the respondent’s assessment and management under an Act; or Example— a corrective services officer under the Corrective Services Act 2006\n- (i) a disclosure to a lawyer representing a person who is, or was, a party to a proceeding under part 3A ; or\n- (j) a disclosure to anyone else to whom the disclosure is required or permitted to be made under an Act; or\n- (k) if the protected information relates to a child—a disclosure for a purpose directly related to the child’s protection or wellbeing.\n- (i) the administration of part 3A ; or\n- (ii) the operation of the relevant offender prohibition order or registered corresponding order; or\n- (a) intimidate or harass whether on 1, or more than 1, occasion; and\n- (b) vilify, persecute, victimise and engage in any act of vigilantism.\n- (a) the name of a respondent; or\n- (b) the name of any victim of a reportable offence committed by a respondent; or\n- (c) the name of any particular person referred to in a proceeding under part 3A as a person at risk because of the conduct prohibited, or proposed to be prohibited, by an offender prohibition order or registered corresponding order; or\n- (d) anything else reasonably likely to enable a person mentioned in paragraph (a) , (b) or (c) to be identified.","sortOrder":168},{"sectionNumber":"pt.4AA-div.2","sectionType":"division","heading":"Proceedings for offences","content":"## Proceedings for offences","sortOrder":169},{"sectionNumber":"sec.67FF","sectionType":"section","heading":"No time limit for prosecutions","content":"### sec.67FF No time limit for prosecutions\n\nDespite anything to the contrary in the Justices Act 1886 , a proceeding for an offence under this Act may be started at any time.\ns 67FF (prev s 52) reloc and renum 2023 No. 21 s 24","sortOrder":170},{"sectionNumber":"sec.67FG","sectionType":"section","heading":"Proceedings for an indictable offence","content":"### sec.67FG Proceedings for an indictable offence\n\nA proceeding for a charge of an indictable offence under this Act may, at the prosecution’s election, be taken—\nby way of summary proceedings before a magistrate under the Justices Act 1886 ; or\non indictment.\nSubsection (3) applies if at any stage during a summary proceeding the magistrate is satisfied that the defendant may not be adequately punished on summary conviction because of the nature and seriousness of the offence or any other relevant consideration.\nThe Magistrates Court—\nmust not decide the charge as a summary offence; and\nmust proceed by way of an examination of witnesses in relation to an indictable offence.\nIf a Magistrates Court acts under subsection (3) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe magistrate must invite and hear any submissions from the prosecution and defence before making a decision under subsection (2) .\ns 67FG (prev s 52A) ins 2011 No. 10 s 17\namd 2017 No. 14 s 23 ; 2023 No. 21 s 25 (1)\nreloc and renum 2023 No. 21 s 25 (2)\n(sec.67FG-ssec.1) A proceeding for a charge of an indictable offence under this Act may, at the prosecution’s election, be taken— by way of summary proceedings before a magistrate under the Justices Act 1886 ; or on indictment.\n(sec.67FG-ssec.2) Subsection (3) applies if at any stage during a summary proceeding the magistrate is satisfied that the defendant may not be adequately punished on summary conviction because of the nature and seriousness of the offence or any other relevant consideration.\n(sec.67FG-ssec.3) The Magistrates Court— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence.\n(sec.67FG-ssec.4) If a Magistrates Court acts under subsection (3) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.67FG-ssec.5) The magistrate must invite and hear any submissions from the prosecution and defence before making a decision under subsection (2) .\n- (a) by way of summary proceedings before a magistrate under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) must not decide the charge as a summary offence; and\n- (b) must proceed by way of an examination of witnesses in relation to an indictable offence.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":171},{"sectionNumber":"sec.67FH","sectionType":"section","heading":"Constitution of court and maximum penalty for indictable offences dealt with summarily","content":"### sec.67FH Constitution of court and maximum penalty for indictable offences dealt with summarily\n\nA Magistrates Court that summarily deals with a charge of an indictable offence must be constituted by a magistrate.\nHowever, if a proceeding for the offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nThe maximum penalty that may be imposed on a summary conviction of the offence is 200 penalty units or 3 years imprisonment.\ns 67FH (prev s 52B) ins 2011 No. 10 s 17\namd 2017 No. 14 s 24 ; 2023 No. 21 s 26 (1) – (2)\nreloc and renum 2023 No. 21 s 26 (3)\n(sec.67FH-ssec.1) A Magistrates Court that summarily deals with a charge of an indictable offence must be constituted by a magistrate.\n(sec.67FH-ssec.2) However, if a proceeding for the offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.67FH-ssec.3) The maximum penalty that may be imposed on a summary conviction of the offence is 200 penalty units or 3 years imprisonment.","sortOrder":172},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":173},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":174},{"sectionNumber":"sec.67G","sectionType":"section","heading":"Application of pt 4A","content":"### sec.67G Application of pt 4A\n\nThis part applies if a reportable offender is dissatisfied with a decision mentioned in schedule 4 .\ns 67G ins 2014 No. 34 s 27","sortOrder":175},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":176},{"sectionNumber":"sec.67H","sectionType":"section","heading":"Application for internal review","content":"### sec.67H Application for internal review\n\nThe reportable offender may apply to the police commissioner for an internal review of the decision.\nHowever, if the application is for an internal review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence, the application may only be made on the grounds that—\nthe device inspection offence the reportable offender has been convicted of is a relevant offence; and\na decision that the person committed the offence using an electronic communication network or digital device has been made in error.\nThe application must—\nbe in writing; and\nstate the grounds on which the reportable offender seeks the review of the decision; and\nbe made within 28 days after the reportable offender receives written notice of the decision.\nHowever, the police commissioner may at any time extend the time for making the application.\nIn this section—\nrelevant offence means an offence mentioned in the Police Powers and Responsibilities Act 2000 , section 21B (5) , definition device inspection offence —\nparagraph (b) or (d) ; or\nparagraph (f) that, if the offence had been committed in Queensland, would have constituted an offence mentioned in paragraph (b) or (d) of that definition.\ns 67H ins 2014 No. 34 s 27\namd 2023 No. 21 s 30\n(sec.67H-ssec.1) The reportable offender may apply to the police commissioner for an internal review of the decision.\n(sec.67H-ssec.2) However, if the application is for an internal review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence, the application may only be made on the grounds that— the device inspection offence the reportable offender has been convicted of is a relevant offence; and a decision that the person committed the offence using an electronic communication network or digital device has been made in error.\n(sec.67H-ssec.3) The application must— be in writing; and state the grounds on which the reportable offender seeks the review of the decision; and be made within 28 days after the reportable offender receives written notice of the decision.\n(sec.67H-ssec.4) However, the police commissioner may at any time extend the time for making the application.\n(sec.67H-ssec.5) In this section— relevant offence means an offence mentioned in the Police Powers and Responsibilities Act 2000 , section 21B (5) , definition device inspection offence — paragraph (b) or (d) ; or paragraph (f) that, if the offence had been committed in Queensland, would have constituted an offence mentioned in paragraph (b) or (d) of that definition.\n- (a) the device inspection offence the reportable offender has been convicted of is a relevant offence; and\n- (b) a decision that the person committed the offence using an electronic communication network or digital device has been made in error.\n- (a) be in writing; and\n- (b) state the grounds on which the reportable offender seeks the review of the decision; and\n- (c) be made within 28 days after the reportable offender receives written notice of the decision.\n- (a) paragraph (b) or (d) ; or\n- (b) paragraph (f) that, if the offence had been committed in Queensland, would have constituted an offence mentioned in paragraph (b) or (d) of that definition.","sortOrder":177},{"sectionNumber":"sec.67I","sectionType":"section","heading":"Internal review","content":"### sec.67I Internal review\n\nAs soon as reasonably practicable after receiving the application, the police commissioner must—\nreview the decision; and\ndecide to—\nconfirm the decision; or\namend the decision; or\nsubstitute another decision for the decision.\nThe application must not be decided by—\nthe person who made the decision; or\na person in a less senior office than the person who made the decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to a decision made by the police commissioner.\nIf the police commissioner decides to confirm or amend the decision, the decision, or the amended decision, is taken to be the police commissioner’s decision for the purpose of an appeal under division 3 .\nThe police commissioner must give the reportable offender a written notice that states—\nthe decision on the review; and\nthe reasons for the decision; and\nthat the offender may appeal against the decision to a Magistrates Court within 28 days after the day when the notice is given to the offender.\nIf the police commissioner does not give the notice to the reportable offender within 10 business days after making a decision, the commissioner is taken to have confirmed the decision.\ns 67I ins 2014 No. 34 s 27\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.67I-ssec.1) As soon as reasonably practicable after receiving the application, the police commissioner must— review the decision; and decide to— confirm the decision; or amend the decision; or substitute another decision for the decision.\n(sec.67I-ssec.2) The application must not be decided by— the person who made the decision; or a person in a less senior office than the person who made the decision.\n(sec.67I-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a decision made by the police commissioner.\n(sec.67I-ssec.4) If the police commissioner decides to confirm or amend the decision, the decision, or the amended decision, is taken to be the police commissioner’s decision for the purpose of an appeal under division 3 .\n(sec.67I-ssec.5) The police commissioner must give the reportable offender a written notice that states— the decision on the review; and the reasons for the decision; and that the offender may appeal against the decision to a Magistrates Court within 28 days after the day when the notice is given to the offender.\n(sec.67I-ssec.6) If the police commissioner does not give the notice to the reportable offender within 10 business days after making a decision, the commissioner is taken to have confirmed the decision.\n- (a) review the decision; and\n- (b) decide to— (i) confirm the decision; or (ii) amend the decision; or (iii) substitute another decision for the decision.\n- (i) confirm the decision; or\n- (ii) amend the decision; or\n- (iii) substitute another decision for the decision.\n- (i) confirm the decision; or\n- (ii) amend the decision; or\n- (iii) substitute another decision for the decision.\n- (a) the person who made the decision; or\n- (b) a person in a less senior office than the person who made the decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to a decision made by the police commissioner.\n- (a) the decision on the review; and\n- (b) the reasons for the decision; and\n- (c) that the offender may appeal against the decision to a Magistrates Court within 28 days after the day when the notice is given to the offender.","sortOrder":178},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Appeals to Magistrates Court","content":"## Appeals to Magistrates Court","sortOrder":179},{"sectionNumber":"sec.67J","sectionType":"section","heading":"Appeal","content":"### sec.67J Appeal\n\nThe reportable offender may appeal against the police commissioner’s decision under section 67I by filing a notice of appeal with a Magistrates Court within—\n28 days after the day when the offender receives, or ought to have received, the notice; or\nif the Court extends the time for filing the notice of appeal—the time allowed by the Court.\nThe reportable offender must serve a copy of the notice of appeal on the police commissioner.\nThe procedure for an appeal under this part must be in accordance with the rules of court applicable to the appeal.\nIn deciding an appeal, the Magistrates Court may—\nconfirm the decision; or\namend the decision; or\nset aside the decision and substitute a decision the Court considers should have been made.\nIf the Magistrates Court amends the decision or substitutes another decision, the amended decision, or the substituted decision, is taken to be the decision of the police commissioner for the purposes of this Act, other than this part.\nThe Magistrates Court must not award costs in relation to an appeal under this part.\ns 67J ins 2014 No. 34 s 27\n(sec.67J-ssec.1) The reportable offender may appeal against the police commissioner’s decision under section 67I by filing a notice of appeal with a Magistrates Court within— 28 days after the day when the offender receives, or ought to have received, the notice; or if the Court extends the time for filing the notice of appeal—the time allowed by the Court.\n(sec.67J-ssec.2) The reportable offender must serve a copy of the notice of appeal on the police commissioner.\n(sec.67J-ssec.3) The procedure for an appeal under this part must be in accordance with the rules of court applicable to the appeal.\n(sec.67J-ssec.4) In deciding an appeal, the Magistrates Court may— confirm the decision; or amend the decision; or set aside the decision and substitute a decision the Court considers should have been made.\n(sec.67J-ssec.5) If the Magistrates Court amends the decision or substitutes another decision, the amended decision, or the substituted decision, is taken to be the decision of the police commissioner for the purposes of this Act, other than this part.\n(sec.67J-ssec.6) The Magistrates Court must not award costs in relation to an appeal under this part.\n- (a) 28 days after the day when the offender receives, or ought to have received, the notice; or\n- (b) if the Court extends the time for filing the notice of appeal—the time allowed by the Court.\n- (a) confirm the decision; or\n- (b) amend the decision; or\n- (c) set aside the decision and substitute a decision the Court considers should have been made.","sortOrder":180},{"sectionNumber":"pt.5","sectionType":"part","heading":"The register","content":"# The register","sortOrder":181},{"sectionNumber":"sec.68","sectionType":"section","heading":"Child protection register","content":"### sec.68 Child protection register\n\nThe police commissioner must establish a child protection register or arrange with another entity to establish a child protection register.\nThe register may contain the following information in relation to each reportable offender (to the extent that it is known by the police commissioner)—\nthe offender’s name and other identifying particulars;\ndetails of each reportable offence of which the offender has been convicted or with which the person has been charged;\ndetails of each offence of which the offender has been convicted that resulted in the making of an offender reporting order;\nthe date on which the offender was sentenced for any reportable offence;\nthe date on which the offender—\nwas released from government detention for a reportable offence; or\nentered, or was released from, government detention for any offence during the offender’s reporting period;\nwhether the reportable offender is an offender who has been convicted of a device inspection offence;\nSee the Police Powers and Responsibilities Act 2000 , section 21B for the power of a police officer to require a reportable offender who has been convicted of a device inspection offence to produce or otherwise make available for inspection each digital device in the reportable offender’s possession.\nany information reported in relation to the reportable offender under part 4 ;\nany other information that the police commissioner considers appropriate to include in the register.\nThe register may have various constituent parts, including, for example, a part maintained by any of the following entities—\nthe Queensland Police Service;\nthe police service of another State;\nthe Australian Federal Police;\nthe Australian Criminal Intelligence Commission;\nanother entity or agency of the Commonwealth or a State prescribed by regulation.\nIf information that a reportable offender is an offender who has been convicted of a device inspection offence is placed on the register, the police commissioner must give the offender a written notice that states that fact as soon as practicable after the information is placed on the register.\ns 68 amd 2014 No. 34 s 28 ; 2016 No. 48 s 18 sch 1 ; 2017 No. 14 s 31 ; 2023 No. 21 s 31 ; 2023 No. 10 s 16 (2) ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.68-ssec.1) The police commissioner must establish a child protection register or arrange with another entity to establish a child protection register.\n(sec.68-ssec.2) The register may contain the following information in relation to each reportable offender (to the extent that it is known by the police commissioner)— the offender’s name and other identifying particulars; details of each reportable offence of which the offender has been convicted or with which the person has been charged; details of each offence of which the offender has been convicted that resulted in the making of an offender reporting order; the date on which the offender was sentenced for any reportable offence; the date on which the offender— was released from government detention for a reportable offence; or entered, or was released from, government detention for any offence during the offender’s reporting period; whether the reportable offender is an offender who has been convicted of a device inspection offence; See the Police Powers and Responsibilities Act 2000 , section 21B for the power of a police officer to require a reportable offender who has been convicted of a device inspection offence to produce or otherwise make available for inspection each digital device in the reportable offender’s possession. any information reported in relation to the reportable offender under part 4 ; any other information that the police commissioner considers appropriate to include in the register.\n(sec.68-ssec.3) The register may have various constituent parts, including, for example, a part maintained by any of the following entities— the Queensland Police Service; the police service of another State; the Australian Federal Police; the Australian Criminal Intelligence Commission; another entity or agency of the Commonwealth or a State prescribed by regulation.\n(sec.68-ssec.4) If information that a reportable offender is an offender who has been convicted of a device inspection offence is placed on the register, the police commissioner must give the offender a written notice that states that fact as soon as practicable after the information is placed on the register.\n- (a) the offender’s name and other identifying particulars;\n- (b) details of each reportable offence of which the offender has been convicted or with which the person has been charged;\n- (c) details of each offence of which the offender has been convicted that resulted in the making of an offender reporting order;\n- (d) the date on which the offender was sentenced for any reportable offence;\n- (e) the date on which the offender— (i) was released from government detention for a reportable offence; or (ii) entered, or was released from, government detention for any offence during the offender’s reporting period;\n- (i) was released from government detention for a reportable offence; or\n- (ii) entered, or was released from, government detention for any offence during the offender’s reporting period;\n- (f) whether the reportable offender is an offender who has been convicted of a device inspection offence; Note— See the Police Powers and Responsibilities Act 2000 , section 21B for the power of a police officer to require a reportable offender who has been convicted of a device inspection offence to produce or otherwise make available for inspection each digital device in the reportable offender’s possession.\n- (g) any information reported in relation to the reportable offender under part 4 ;\n- (h) any other information that the police commissioner considers appropriate to include in the register.\n- (i) was released from government detention for a reportable offence; or\n- (ii) entered, or was released from, government detention for any offence during the offender’s reporting period;\n- (a) the Queensland Police Service;\n- (b) the police service of another State;\n- (c) the Australian Federal Police;\n- (d) the Australian Criminal Intelligence Commission;\n- (e) another entity or agency of the Commonwealth or a State prescribed by regulation.","sortOrder":182},{"sectionNumber":"sec.69","sectionType":"section","heading":"Access to the register to be restricted","content":"### sec.69 Access to the register to be restricted\n\nThe police commissioner must ensure—\nthat the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the police commissioner; and\nthat personal information in the register is only disclosed or published by a person with access to the register, or the relevant part of the register, in circumstances authorised by the police commissioner or as otherwise required by or under any Act or law.\nThe police commissioner must develop guidelines about the access to, and disclosure or publication of, personal information in the register that attempt to ensure that access to the personal information in the register is restricted in a way that does not interfere with the purposes of this Act.\nFor this section, the register includes any information from any register maintained under a corresponding Act that is accessible by the police commissioner, regardless of whether or not that information is physically part of the register.\nThis section has effect despite any other Act or law to the contrary.\ns 69 amd 2025 No. 25 s 6\n(sec.69-ssec.1) The police commissioner must ensure— that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the police commissioner; and that personal information in the register is only disclosed or published by a person with access to the register, or the relevant part of the register, in circumstances authorised by the police commissioner or as otherwise required by or under any Act or law.\n(sec.69-ssec.2) The police commissioner must develop guidelines about the access to, and disclosure or publication of, personal information in the register that attempt to ensure that access to the personal information in the register is restricted in a way that does not interfere with the purposes of this Act.\n(sec.69-ssec.3) For this section, the register includes any information from any register maintained under a corresponding Act that is accessible by the police commissioner, regardless of whether or not that information is physically part of the register.\n(sec.69-ssec.4) This section has effect despite any other Act or law to the contrary.\n- (a) that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the police commissioner; and\n- (b) that personal information in the register is only disclosed or published by a person with access to the register, or the relevant part of the register, in circumstances authorised by the police commissioner or as otherwise required by or under any Act or law.","sortOrder":183},{"sectionNumber":"sec.70","sectionType":"section","heading":"Confidentiality","content":"### sec.70 Confidentiality\n\nA person authorised to have access to the register or any part of the register must not disclose or publish any personal information in the register, unless the person—\nis authorised by the police commissioner to disclose or publish the information; or\nis involved in the administration of part 5AA and discloses or publishes the information under that part; or\nis otherwise required, under any Act or law, to disclose or publish the information.\nMaximum penalty—150 penalty units or 2 years imprisonment.\nIf the person is a police officer, an authorisation for subsection (1) (a) may be given under this Act or the Police Service Administration Act 1990 , section 10 .2.\ns 70 amd 2007 No. 27 s 6 ; 2025 No. 25 s 7\n(sec.70-ssec.1) A person authorised to have access to the register or any part of the register must not disclose or publish any personal information in the register, unless the person— is authorised by the police commissioner to disclose or publish the information; or is involved in the administration of part 5AA and discloses or publishes the information under that part; or is otherwise required, under any Act or law, to disclose or publish the information. Maximum penalty—150 penalty units or 2 years imprisonment.\n(sec.70-ssec.2) If the person is a police officer, an authorisation for subsection (1) (a) may be given under this Act or the Police Service Administration Act 1990 , section 10 .2.\n- (a) is authorised by the police commissioner to disclose or publish the information; or\n- (b) is involved in the administration of part 5AA and discloses or publishes the information under that part; or\n- (c) is otherwise required, under any Act or law, to disclose or publish the information.","sortOrder":184},{"sectionNumber":"sec.71","sectionType":"section","heading":"Release of information to corresponding registrar and Commonwealth agencies","content":"### sec.71 Release of information to corresponding registrar and Commonwealth agencies\n\nThe police commissioner may release personal information in the register to—\na corresponding registrar for the purpose of a corresponding Act; or\nfor the purpose of investigating or preventing a breach of this Act, an order under this Act or the commission of a prescribed offence—\nthe Australian Border Force Commissioner; or\nthe secretary of the home affairs department; or\nthe commissioner of the Australian Federal Police.\ns 71 amd 2023 No. 21 s 32\n- (a) a corresponding registrar for the purpose of a corresponding Act; or\n- (b) for the purpose of investigating or preventing a breach of this Act, an order under this Act or the commission of a prescribed offence— (i) the Australian Border Force Commissioner; or (ii) the secretary of the home affairs department; or (iii) the commissioner of the Australian Federal Police.\n- (i) the Australian Border Force Commissioner; or\n- (ii) the secretary of the home affairs department; or\n- (iii) the commissioner of the Australian Federal Police.\n- (i) the Australian Border Force Commissioner; or\n- (ii) the secretary of the home affairs department; or\n- (iii) the commissioner of the Australian Federal Police.","sortOrder":185},{"sectionNumber":"sec.72","sectionType":"section","heading":"Restriction on who may access personal information on protected witnesses","content":"### sec.72 Restriction on who may access personal information on protected witnesses\n\nThe police commissioner must ensure that any personal information in the register about a person to whom part 4 , division 9 applies can not be accessed other than by a person authorised by the officer responsible for the day to day operation of the witness protection program.\nPart 4 , division 9 applies to particular people who are, or were, in witness protection programs.","sortOrder":186},{"sectionNumber":"sec.73","sectionType":"section","heading":"Reportable offender’s rights in relation to register","content":"### sec.73 Reportable offender’s rights in relation to register\n\nIf asked to do so by a reportable offender, the police commissioner must give the offender a copy of all the reportable information that is held in the register in relation to the offender.\nThe police commissioner must comply with subsection (1) as soon as practicable after being asked to do so.\nHowever, despite subsections (1) and (2) , the police commissioner must not give the offender a copy of reportable information, or other information, held in the register that may identify a child with whom the offender has had reportable contact, other than—\nthe first initial of the child’s first and last names; and\nthe date of the reportable contact.\nSee schedule 2 , item 6 for the reportable information held in the register about a child with whom the offender has had reportable contact.\nA reportable offender may ask the police commissioner to amend any reportable information held on the register in relation to the offender that is incorrect.\nThe police commissioner must comply with a request under subsection (4) on being satisfied that the information is incorrect.\nA request may be made under subsection (1) or (4) for a reportable offender by another person only if the other person has been authorised in writing by the reportable offender to make the request.\nIn this section—\nreportable information means any information given to the police commissioner by, or on behalf of, the reportable offender that the offender is required to report to the police commissioner and that is still held in the register.\ns 73 amd 2017 No. 14 s 32 ; 2023 No. 21 s 33\n(sec.73-ssec.1) If asked to do so by a reportable offender, the police commissioner must give the offender a copy of all the reportable information that is held in the register in relation to the offender.\n(sec.73-ssec.2) The police commissioner must comply with subsection (1) as soon as practicable after being asked to do so.\n(sec.73-ssec.3) However, despite subsections (1) and (2) , the police commissioner must not give the offender a copy of reportable information, or other information, held in the register that may identify a child with whom the offender has had reportable contact, other than— the first initial of the child’s first and last names; and the date of the reportable contact. See schedule 2 , item 6 for the reportable information held in the register about a child with whom the offender has had reportable contact.\n(sec.73-ssec.4) A reportable offender may ask the police commissioner to amend any reportable information held on the register in relation to the offender that is incorrect.\n(sec.73-ssec.5) The police commissioner must comply with a request under subsection (4) on being satisfied that the information is incorrect.\n(sec.73-ssec.6) A request may be made under subsection (1) or (4) for a reportable offender by another person only if the other person has been authorised in writing by the reportable offender to make the request.\n(sec.73-ssec.7) In this section— reportable information means any information given to the police commissioner by, or on behalf of, the reportable offender that the offender is required to report to the police commissioner and that is still held in the register.\n- (a) the first initial of the child’s first and last names; and\n- (b) the date of the reportable contact.","sortOrder":187},{"sectionNumber":"sec.74","sectionType":"section","heading":"Review about entry on register","content":"### sec.74 Review about entry on register\n\nA person may apply to the police commissioner to review—\nif the person believes that the person has been placed on the register in error, including, for example, because the police commissioner’s belief mentioned in section 9 (a) (ii) is not a reasonable belief—the decision to place the person on the register; or\nif the person believes an error has been made in working out the length of the person’s reporting period—the decision about the length of the period.\nThe application must be made—\nin writing; and\nwithin 28 days after the person is given an initial reporting obligations notice.\nThe application may be made by another person (an agent ) on the person’s behalf only if the person has authorised the agent in writing to make the application.\nThe person’s reporting obligations are not suspended because the person made the application.\nOn receiving an application for a review, the police commissioner must—\ngive the person a reasonable opportunity to state the person’s case before making a decision on the matter; and\nif the application relates to a decision to place the person on the register—review the decision to place the person on the register and confirm or revoke it; and\nif the application relates to a decision about the length of the person’s reporting period—review the decision and confirm or change it; and\ngive the person written notice—\nof the decision; and\ninforming the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .\nIf the police commissioner revokes a decision to place a person on the register, the police commissioner must ensure that the person’s personal details are removed from the register, and any copies of documents, fingerprints or photographs taken from the person under this Act are not kept.\nIf the police commissioner otherwise changes a decision, the police commissioner must ensure the register is corrected to reflect the change.\nSee also sections 67G and 67H and schedule 4 in relation to review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence.\ns 74 amd 2007 No. 27 s 7 ; 2014 No. 34 s 29 ; 2017 No. 14 s 33 ; 2023 No. 21 s 34 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.74-ssec.1) A person may apply to the police commissioner to review— if the person believes that the person has been placed on the register in error, including, for example, because the police commissioner’s belief mentioned in section 9 (a) (ii) is not a reasonable belief—the decision to place the person on the register; or if the person believes an error has been made in working out the length of the person’s reporting period—the decision about the length of the period.\n(sec.74-ssec.2) The application must be made— in writing; and within 28 days after the person is given an initial reporting obligations notice.\n(sec.74-ssec.3) The application may be made by another person (an agent ) on the person’s behalf only if the person has authorised the agent in writing to make the application.\n(sec.74-ssec.4) The person’s reporting obligations are not suspended because the person made the application.\n(sec.74-ssec.5) On receiving an application for a review, the police commissioner must— give the person a reasonable opportunity to state the person’s case before making a decision on the matter; and if the application relates to a decision to place the person on the register—review the decision to place the person on the register and confirm or revoke it; and if the application relates to a decision about the length of the person’s reporting period—review the decision and confirm or change it; and give the person written notice— of the decision; and informing the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .\n(sec.74-ssec.6) If the police commissioner revokes a decision to place a person on the register, the police commissioner must ensure that the person’s personal details are removed from the register, and any copies of documents, fingerprints or photographs taken from the person under this Act are not kept.\n(sec.74-ssec.7) If the police commissioner otherwise changes a decision, the police commissioner must ensure the register is corrected to reflect the change. See also sections 67G and 67H and schedule 4 in relation to review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence.\n- (a) if the person believes that the person has been placed on the register in error, including, for example, because the police commissioner’s belief mentioned in section 9 (a) (ii) is not a reasonable belief—the decision to place the person on the register; or\n- (b) if the person believes an error has been made in working out the length of the person’s reporting period—the decision about the length of the period.\n- (a) in writing; and\n- (b) within 28 days after the person is given an initial reporting obligations notice.\n- (a) give the person a reasonable opportunity to state the person’s case before making a decision on the matter; and\n- (b) if the application relates to a decision to place the person on the register—review the decision to place the person on the register and confirm or revoke it; and\n- (c) if the application relates to a decision about the length of the person’s reporting period—review the decision and confirm or change it; and\n- (d) give the person written notice— (i) of the decision; and (ii) informing the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .\n- (i) of the decision; and\n- (ii) informing the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .\n- (i) of the decision; and\n- (ii) informing the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .","sortOrder":188},{"sectionNumber":"pt.5AA","sectionType":"part","heading":"Daniel’s Law—Publication and disclosure of information about child sex offenders","content":"# Daniel’s Law—Publication and disclosure of information about child sex offenders","sortOrder":189},{"sectionNumber":"pt.5AA-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":190},{"sectionNumber":"sec.74AA","sectionType":"section","heading":"Definition for part","content":"### sec.74AA Definition for part\n\nIn this part—\npersonal details , of a reportable offender, see section 74AB .\ns 74AA ins 2025 No. 25 s 8","sortOrder":191},{"sectionNumber":"sec.74AB","sectionType":"section","heading":"Meaning of personal details of reportable offenders","content":"### sec.74AB Meaning of personal details of reportable offenders\n\nFor this part, the personal details of a reportable offender are the details mentioned in schedule 2 , items 1, 2, 3 and 9 for the offender.\nAlso, the personal details of a reportable offender include—\na photograph or digital image of the offender; and\na description of—\nthe general locality of any premises where the offender resides; or\nif the offender does not generally reside at particular premises—each locality where the offender can generally be found.\ns 74AB ins 2025 No. 25 s 8\n(sec.74AB-ssec.1) For this part, the personal details of a reportable offender are the details mentioned in schedule 2 , items 1, 2, 3 and 9 for the offender.\n(sec.74AB-ssec.2) Also, the personal details of a reportable offender include— a photograph or digital image of the offender; and a description of— the general locality of any premises where the offender resides; or if the offender does not generally reside at particular premises—each locality where the offender can generally be found.\n- (a) a photograph or digital image of the offender; and\n- (b) a description of— (i) the general locality of any premises where the offender resides; or (ii) if the offender does not generally reside at particular premises—each locality where the offender can generally be found.\n- (i) the general locality of any premises where the offender resides; or\n- (ii) if the offender does not generally reside at particular premises—each locality where the offender can generally be found.\n- (i) the general locality of any premises where the offender resides; or\n- (ii) if the offender does not generally reside at particular premises—each locality where the offender can generally be found.","sortOrder":192},{"sectionNumber":"sec.74AC","sectionType":"section","heading":"Police commissioner not required to disclose, provide or publish information","content":"### sec.74AC Police commissioner not required to disclose, provide or publish information\n\nNothing in this part requires the police commissioner to disclose, provide or publish information about any reportable offender or other person.\ns 74AC ins 2025 No. 25 s 8","sortOrder":193},{"sectionNumber":"sec.74AD","sectionType":"section","heading":"Interaction with other provisions and laws relating to disclosure of information","content":"### sec.74AD Interaction with other provisions and laws relating to disclosure of information\n\nThis part does not limit a power or obligation under this Act, or another Act or law, to disclose information relating to a reportable offender.\ns 74AD ins 2025 No. 25 s 8","sortOrder":194},{"sectionNumber":"sec.74AE","sectionType":"section","heading":"Restriction on information about particular reportable offenders","content":"### sec.74AE Restriction on information about particular reportable offenders\n\nNothing in this part authorises the police commissioner to disclose, provide or publish information about any of the following reportable offenders—\na reportable offender who is a child;\na reportable offender who committed a reportable offence as a child but as an adult has not—\ncommitted a reportable offence; or\nbeen subject to an offender reporting order for an offence committed as an adult; or\nbeen subject to an offender prohibition order for concerning conduct engaged in as an adult; or\nbeen subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\na reportable offender to whom part 4 , division 9 applies;\na reportable offender who is subject to an order of a court that prohibits—\nthe identification of the offender; or\nthe disclosure or publication of the offender’s whereabouts or other personal details.\ns 74AE ins 2025 No. 25 s 8\n- (a) a reportable offender who is a child;\n- (b) a reportable offender who committed a reportable offence as a child but as an adult has not— (i) committed a reportable offence; or (ii) been subject to an offender reporting order for an offence committed as an adult; or (iii) been subject to an offender prohibition order for concerning conduct engaged in as an adult; or (iv) been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (i) committed a reportable offence; or\n- (ii) been subject to an offender reporting order for an offence committed as an adult; or\n- (iii) been subject to an offender prohibition order for concerning conduct engaged in as an adult; or\n- (iv) been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (c) a reportable offender to whom part 4 , division 9 applies;\n- (d) a reportable offender who is subject to an order of a court that prohibits— (i) the identification of the offender; or (ii) the disclosure or publication of the offender’s whereabouts or other personal details.\n- (i) the identification of the offender; or\n- (ii) the disclosure or publication of the offender’s whereabouts or other personal details.\n- (i) committed a reportable offence; or\n- (ii) been subject to an offender reporting order for an offence committed as an adult; or\n- (iii) been subject to an offender prohibition order for concerning conduct engaged in as an adult; or\n- (iv) been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ;\n- (i) the identification of the offender; or\n- (ii) the disclosure or publication of the offender’s whereabouts or other personal details.","sortOrder":195},{"sectionNumber":"pt.5AA-div.2","sectionType":"division","heading":"Police commissioner may disclose, provide or publish information relating to reportable offenders","content":"## Police commissioner may disclose, provide or publish information relating to reportable offenders","sortOrder":196},{"sectionNumber":"sec.74AF","sectionType":"section","heading":"Police commissioner may publish personal details of particular reportable offenders","content":"### sec.74AF Police commissioner may publish personal details of particular reportable offenders\n\nThe police commissioner may publish any or all of the personal details of a reportable offender if—\nthe police commissioner is satisfied that—\nthe reportable offender has failed to comply with any of the offender’s reporting obligations; or\nthe reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and\nthe reportable offender’s whereabouts are not known to the police commissioner.\nThe police commissioner may at any time remove any or all of the personal details of a reportable offender from the website on which they are published under subsection (1) .\nSubsection (4) applies if—\nthe police commissioner has published any personal details of a reportable offender under subsection (1) ; and\nafter the reportable offender’s details are published, the police commissioner becomes aware of the offender’s whereabouts.\nThe police commissioner must, as soon as is practicable, remove all of the personal details of the reportable offender from the website on which the details are published.\nIn this section—\npublish means make available for inspection by members of the public on a website maintained by the police commissioner.\nrelevant supervision order means a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\ns 74AF ins 2025 No. 25 s 8\n(sec.74AF-ssec.1) The police commissioner may publish any or all of the personal details of a reportable offender if— the police commissioner is satisfied that— the reportable offender has failed to comply with any of the offender’s reporting obligations; or the reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and the reportable offender’s whereabouts are not known to the police commissioner.\n(sec.74AF-ssec.2) The police commissioner may at any time remove any or all of the personal details of a reportable offender from the website on which they are published under subsection (1) .\n(sec.74AF-ssec.3) Subsection (4) applies if— the police commissioner has published any personal details of a reportable offender under subsection (1) ; and after the reportable offender’s details are published, the police commissioner becomes aware of the offender’s whereabouts.\n(sec.74AF-ssec.4) The police commissioner must, as soon as is practicable, remove all of the personal details of the reportable offender from the website on which the details are published.\n(sec.74AF-ssec.5) In this section— publish means make available for inspection by members of the public on a website maintained by the police commissioner. relevant supervision order means a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 .\n- (a) the police commissioner is satisfied that— (i) the reportable offender has failed to comply with any of the offender’s reporting obligations; or (ii) the reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and\n- (i) the reportable offender has failed to comply with any of the offender’s reporting obligations; or\n- (ii) the reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and\n- (b) the reportable offender’s whereabouts are not known to the police commissioner.\n- (i) the reportable offender has failed to comply with any of the offender’s reporting obligations; or\n- (ii) the reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and\n- (a) the police commissioner has published any personal details of a reportable offender under subsection (1) ; and\n- (b) after the reportable offender’s details are published, the police commissioner becomes aware of the offender’s whereabouts.","sortOrder":197},{"sectionNumber":"sec.74AG","sectionType":"section","heading":"Police commissioner may provide photographs of particular reportable offenders","content":"### sec.74AG Police commissioner may provide photographs of particular reportable offenders\n\nA person, other than a reportable offender, may ask the police commissioner to provide to the person a photograph of each reportable offender who resides in the locality of the person.\nThe request must be—\nmade in a way approved by the police commissioner; and\naccompanied by any documents or information as required by the police commissioner.\nSubject to this section, the police commissioner may decide to provide to the person the photograph of a reportable offender who resides in the locality of the person if—\nthe offender is required to comply with reporting obligations for a period under section 37 (2) , 38 (3) or 39 (1) ; or\nthe offender is required to comply with reporting obligations imposed on the offender under part 4 for the remainder of the offender’s life; or\nthe offender is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\nthe offender is deemed to be a serious risk offender under subsection (5) .\nThe police commissioner must, before a photograph of a reportable offender mentioned in subsection (3) (c) is provided for the first time—\ngive the chief executive (corrective services) notice; and\nconsider any submission made by the chief executive (corrective services).\nIf the police commissioner considers at any time that a reportable offender poses a serious risk to the lives or sexual safety of 1 or more children or of children generally, the police commissioner may deem the offender to be a serious risk offender.\nA reportable offender deemed to be a serious risk offender under subsection (5) , is a serious risk offender until earlier of the following—\nthe police commissioner deems the offender is not a serious risk offender;\nthe offender stops being a reportable offender.\nThe police commissioner must not delegate—\nthe power to deem a reportable offender to be a serious risk offender under subsection (5) ; and\nthe power to deem a reportable offender not to be a serious risk offender under subsection (6) (a) .\nIn this section—\nlocality , of a person, means the general locality where the person resides in the State.\nphotograph includes a digital image.\nprovide , a photograph to a person, means make the photograph available for inspection by the person in a secure way designed to be accessible only by the person.\ns 74AG ins 2025 No. 25 s 8\n(sec.74AG-ssec.1) A person, other than a reportable offender, may ask the police commissioner to provide to the person a photograph of each reportable offender who resides in the locality of the person.\n(sec.74AG-ssec.2) The request must be— made in a way approved by the police commissioner; and accompanied by any documents or information as required by the police commissioner.\n(sec.74AG-ssec.3) Subject to this section, the police commissioner may decide to provide to the person the photograph of a reportable offender who resides in the locality of the person if— the offender is required to comply with reporting obligations for a period under section 37 (2) , 38 (3) or 39 (1) ; or the offender is required to comply with reporting obligations imposed on the offender under part 4 for the remainder of the offender’s life; or the offender is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or the offender is deemed to be a serious risk offender under subsection (5) .\n(sec.74AG-ssec.4) The police commissioner must, before a photograph of a reportable offender mentioned in subsection (3) (c) is provided for the first time— give the chief executive (corrective services) notice; and consider any submission made by the chief executive (corrective services).\n(sec.74AG-ssec.5) If the police commissioner considers at any time that a reportable offender poses a serious risk to the lives or sexual safety of 1 or more children or of children generally, the police commissioner may deem the offender to be a serious risk offender.\n(sec.74AG-ssec.6) A reportable offender deemed to be a serious risk offender under subsection (5) , is a serious risk offender until earlier of the following— the police commissioner deems the offender is not a serious risk offender; the offender stops being a reportable offender.\n(sec.74AG-ssec.7) The police commissioner must not delegate— the power to deem a reportable offender to be a serious risk offender under subsection (5) ; and the power to deem a reportable offender not to be a serious risk offender under subsection (6) (a) .\n(sec.74AG-ssec.8) In this section— locality , of a person, means the general locality where the person resides in the State. photograph includes a digital image. provide , a photograph to a person, means make the photograph available for inspection by the person in a secure way designed to be accessible only by the person.\n- (a) made in a way approved by the police commissioner; and\n- (b) accompanied by any documents or information as required by the police commissioner.\n- (a) the offender is required to comply with reporting obligations for a period under section 37 (2) , 38 (3) or 39 (1) ; or\n- (b) the offender is required to comply with reporting obligations imposed on the offender under part 4 for the remainder of the offender’s life; or\n- (c) the offender is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\n- (d) the offender is deemed to be a serious risk offender under subsection (5) .\n- (a) give the chief executive (corrective services) notice; and\n- (b) consider any submission made by the chief executive (corrective services).\n- (a) the police commissioner deems the offender is not a serious risk offender;\n- (b) the offender stops being a reportable offender.\n- (a) the power to deem a reportable offender to be a serious risk offender under subsection (5) ; and\n- (b) the power to deem a reportable offender not to be a serious risk offender under subsection (6) (a) .","sortOrder":198},{"sectionNumber":"sec.74AH","sectionType":"section","heading":"Police commissioner may have regard to particular matters","content":"### sec.74AH Police commissioner may have regard to particular matters\n\nThis section applies in relation to the police commissioner when considering whether—\nto publish, or remove, the personal details of a reportable offender under section 74AF (the identifying information ); or\nto provide the photograph of a reportable offender under section 74AG (also the identifying information ).\nThe police commissioner may have regard to any of the following matters—\nthe effect that the publication, removal or provision of the identifying information might have on a victim of an offence committed by the offender;\nwhether the publication, removal or provision of the identifying information would be likely to prejudice—\na criminal proceeding in relation to the offender; or\nan investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender;\nwhether the publication, removal or provision of the identifying information is in the public interest and consistent with the purposes of this Act;\nany other matter the police commissioner considers relevant.\ns 74AH ins 2025 No. 25 s 8\n(sec.74AH-ssec.1) This section applies in relation to the police commissioner when considering whether— to publish, or remove, the personal details of a reportable offender under section 74AF (the identifying information ); or to provide the photograph of a reportable offender under section 74AG (also the identifying information ).\n(sec.74AH-ssec.2) The police commissioner may have regard to any of the following matters— the effect that the publication, removal or provision of the identifying information might have on a victim of an offence committed by the offender; whether the publication, removal or provision of the identifying information would be likely to prejudice— a criminal proceeding in relation to the offender; or an investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender; whether the publication, removal or provision of the identifying information is in the public interest and consistent with the purposes of this Act; any other matter the police commissioner considers relevant.\n- (a) to publish, or remove, the personal details of a reportable offender under section 74AF (the identifying information ); or\n- (b) to provide the photograph of a reportable offender under section 74AG (also the identifying information ).\n- (a) the effect that the publication, removal or provision of the identifying information might have on a victim of an offence committed by the offender;\n- (b) whether the publication, removal or provision of the identifying information would be likely to prejudice— (i) a criminal proceeding in relation to the offender; or (ii) an investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender;\n- (i) a criminal proceeding in relation to the offender; or\n- (ii) an investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender;\n- (c) whether the publication, removal or provision of the identifying information is in the public interest and consistent with the purposes of this Act;\n- (d) any other matter the police commissioner considers relevant.\n- (i) a criminal proceeding in relation to the offender; or\n- (ii) an investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender;","sortOrder":199},{"sectionNumber":"sec.74AI","sectionType":"section","heading":"Police commissioner may disclose whether specified person is a reportable offender","content":"### sec.74AI Police commissioner may disclose whether specified person is a reportable offender\n\nThis section applies to a person who is a parent of a child, or someone else having or exercising parental responsibility, other than on a temporary basis, for the child.\nThe person may apply to the police commissioner for disclosure about whether another person specified in the application (the specified person ) is a reportable offender.\nThe application must be—\nmade in a way approved by the police commissioner; and\naccompanied by any documents or information as required by the police commissioner.\nThe police commissioner may disclose information to the person about whether the specified person is a reportable offender if the police commissioner is satisfied that the specified person has had, or will have, any unsupervised contact with the child.\nIn this section—\nunsupervised contact , in relation to a person and a child, includes—\nany physical contact the person has had, or will have, with the child without another adult present; and\nany time the person and child have been together, or will be together, in close proximity without another adult present; and\nany form of communication, whether in person or by electronic means, the person has had, or will have, with the child without another adult present.\ns 74AI ins 2025 No. 25 s 8\n(sec.74AI-ssec.1) This section applies to a person who is a parent of a child, or someone else having or exercising parental responsibility, other than on a temporary basis, for the child.\n(sec.74AI-ssec.2) The person may apply to the police commissioner for disclosure about whether another person specified in the application (the specified person ) is a reportable offender.\n(sec.74AI-ssec.3) The application must be— made in a way approved by the police commissioner; and accompanied by any documents or information as required by the police commissioner.\n(sec.74AI-ssec.4) The police commissioner may disclose information to the person about whether the specified person is a reportable offender if the police commissioner is satisfied that the specified person has had, or will have, any unsupervised contact with the child.\n(sec.74AI-ssec.5) In this section— unsupervised contact , in relation to a person and a child, includes— any physical contact the person has had, or will have, with the child without another adult present; and any time the person and child have been together, or will be together, in close proximity without another adult present; and any form of communication, whether in person or by electronic means, the person has had, or will have, with the child without another adult present.\n- (a) made in a way approved by the police commissioner; and\n- (b) accompanied by any documents or information as required by the police commissioner.\n- (a) any physical contact the person has had, or will have, with the child without another adult present; and\n- (b) any time the person and child have been together, or will be together, in close proximity without another adult present; and\n- (c) any form of communication, whether in person or by electronic means, the person has had, or will have, with the child without another adult present.","sortOrder":200},{"sectionNumber":"pt.5AA-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":201},{"sectionNumber":"sec.74AJ","sectionType":"section","heading":"Intimidation or harassment of identified offenders","content":"### sec.74AJ Intimidation or harassment of identified offenders\n\nA person must not, by a public act, engage in conduct by which the person intends to—\nintimidate or harass another person they believe or suspect is an identified offender; or\nincite other persons to intimidate or harass another person they believe or suspect is an identified offender.\nMaximum penalty—10 years imprisonment.\nAn offence against subsection (1) is a misdemeanour.\nA person must not, by a public act, engage in conduct that is likely to—\nintimidate or harass another person they believe or suspect is an identified offender; or\nincite other persons to intimidate or harass another person they believe or suspect is an identified offender.\nMaximum penalty—3 years imprisonment.\nIn this section—\nidentified offender means—\na person whose personal details have been published under section 74AF ; or\na person whose photograph has been provided under section 74AG ; or\na person in relation to whom a disclosure has been made as to whether the person is a reportable offender under section 74AI .\nintimidate or harass includes—\nintimidate or harass whether on 1, or more than 1, occasion; and\nvilify, persecute, victimise and engage in any act of vigilantism.\npublic act includes—\nany form of communication to, or accessible by, the public or a part of the public, whether made in person or by electronic means; and\ndisplaying notices, posting images or messages on any social networking site, speaking in neighbourhood groups, video streaming on the internet and playing recorded material\nactions, gestures, displays of signs or any other form of conduct that is in, or in view of, a public place.\npublic place see section 74AK (2) .\ns 74AJ ins 2025 No. 25 s 8\n(sec.74AJ-ssec.1) A person must not, by a public act, engage in conduct by which the person intends to— intimidate or harass another person they believe or suspect is an identified offender; or incite other persons to intimidate or harass another person they believe or suspect is an identified offender. Maximum penalty—10 years imprisonment.\n(sec.74AJ-ssec.2) An offence against subsection (1) is a misdemeanour.\n(sec.74AJ-ssec.3) A person must not, by a public act, engage in conduct that is likely to— intimidate or harass another person they believe or suspect is an identified offender; or incite other persons to intimidate or harass another person they believe or suspect is an identified offender. Maximum penalty—3 years imprisonment.\n(sec.74AJ-ssec.4) In this section— identified offender means— a person whose personal details have been published under section 74AF ; or a person whose photograph has been provided under section 74AG ; or a person in relation to whom a disclosure has been made as to whether the person is a reportable offender under section 74AI . intimidate or harass includes— intimidate or harass whether on 1, or more than 1, occasion; and vilify, persecute, victimise and engage in any act of vigilantism. public act includes— any form of communication to, or accessible by, the public or a part of the public, whether made in person or by electronic means; and displaying notices, posting images or messages on any social networking site, speaking in neighbourhood groups, video streaming on the internet and playing recorded material actions, gestures, displays of signs or any other form of conduct that is in, or in view of, a public place. public place see section 74AK (2) .\n- (a) intimidate or harass another person they believe or suspect is an identified offender; or\n- (b) incite other persons to intimidate or harass another person they believe or suspect is an identified offender.\n- (a) intimidate or harass another person they believe or suspect is an identified offender; or\n- (b) incite other persons to intimidate or harass another person they believe or suspect is an identified offender.\n- (a) a person whose personal details have been published under section 74AF ; or\n- (b) a person whose photograph has been provided under section 74AG ; or\n- (c) a person in relation to whom a disclosure has been made as to whether the person is a reportable offender under section 74AI .\n- (a) intimidate or harass whether on 1, or more than 1, occasion; and\n- (b) vilify, persecute, victimise and engage in any act of vigilantism.\n- (a) any form of communication to, or accessible by, the public or a part of the public, whether made in person or by electronic means; and Examples of forms of communication— displaying notices, posting images or messages on any social networking site, speaking in neighbourhood groups, video streaming on the internet and playing recorded material\n- (b) actions, gestures, displays of signs or any other form of conduct that is in, or in view of, a public place.","sortOrder":202},{"sectionNumber":"sec.74AK","sectionType":"section","heading":"Display, distribution or publication of identifying information","content":"### sec.74AK Display, distribution or publication of identifying information\n\nA person must not, without the written approval of the police commissioner, display, distribute or publish any identifying information.\nMaximum penalty—3 years imprisonment.\nIn this section—\ndisplay means display in, or within view of, a public place.\ndistribute means distribute to the public or a part of the public.\nidentifying information means any information that is identifiable as—\nthe personal details of a person published by the police commissioner under section 74AF ; or\nthe photograph of a person provided by the police commissioner under section 74AG ; or\ninformation disclosed by the police commissioner in relation to whether a person is a reportable offender under section 74AI .\npublic place includes—\nany place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise; and\na school, university or other place of education, other than any part of a school, university or other place of education that is not open to, or used by, the public.\npublish means publish to the public or a part of the public.\ns 74AK ins 2025 No. 25 s 8\n(sec.74AK-ssec.1) A person must not, without the written approval of the police commissioner, display, distribute or publish any identifying information. Maximum penalty—3 years imprisonment.\n(sec.74AK-ssec.2) In this section— display means display in, or within view of, a public place. distribute means distribute to the public or a part of the public. identifying information means any information that is identifiable as— the personal details of a person published by the police commissioner under section 74AF ; or the photograph of a person provided by the police commissioner under section 74AG ; or information disclosed by the police commissioner in relation to whether a person is a reportable offender under section 74AI . public place includes— any place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise; and a school, university or other place of education, other than any part of a school, university or other place of education that is not open to, or used by, the public. publish means publish to the public or a part of the public.\n- (a) the personal details of a person published by the police commissioner under section 74AF ; or\n- (b) the photograph of a person provided by the police commissioner under section 74AG ; or\n- (c) information disclosed by the police commissioner in relation to whether a person is a reportable offender under section 74AI .\n- (a) any place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise; and\n- (b) a school, university or other place of education, other than any part of a school, university or other place of education that is not open to, or used by, the public.","sortOrder":203},{"sectionNumber":"pt.5AA-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":204},{"sectionNumber":"sec.74AL","sectionType":"section","heading":"Protection from liability under part","content":"### sec.74AL Protection from liability under part\n\nA person involved in the administration of this part is not liable, civilly, criminally or under an administrative process, because of an act done, or omission made, honestly by the person.\nAlso, the person can not, because of the act done, or omission made, by the person be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nFurther, the State is not civilly liable because of the act done, or omission made, by the person.\ns 74AL ins 2025 No. 25 s 8\n(sec.74AL-ssec.1) A person involved in the administration of this part is not liable, civilly, criminally or under an administrative process, because of an act done, or omission made, honestly by the person.\n(sec.74AL-ssec.2) Also, the person can not, because of the act done, or omission made, by the person be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.74AL-ssec.3) Further, the State is not civilly liable because of the act done, or omission made, by the person.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":205},{"sectionNumber":"sec.74AM","sectionType":"section","heading":"Relevant decisions are final","content":"### sec.74AM Relevant decisions are final\n\nUnless the Supreme Court decides a relevant decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 4 does not apply to a relevant decision.\nThe Judicial Review Act 1991 , part 5 applies to a relevant decision only to the extent it is affected by jurisdictional error.\nIn this section—\nrelevant decision —\nmeans a decision or purported decision of an administrative character for the disclosure, provision or publication of information under this part; and\nincludes a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) .\ns 74AM ins 2025 No. 25 s 8\n(sec.74AM-ssec.1) Unless the Supreme Court decides a relevant decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.74AM-ssec.2) The Judicial Review Act 1991 , part 4 does not apply to a relevant decision.\n(sec.74AM-ssec.3) The Judicial Review Act 1991 , part 5 applies to a relevant decision only to the extent it is affected by jurisdictional error.\n(sec.74AM-ssec.4) In this section— relevant decision — means a decision or purported decision of an administrative character for the disclosure, provision or publication of information under this part; and includes a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) .\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) means a decision or purported decision of an administrative character for the disclosure, provision or publication of information under this part; and\n- (b) includes a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) .","sortOrder":206},{"sectionNumber":"sec.74AN","sectionType":"section","heading":"Override declaration for particular provisions","content":"### sec.74AN Override declaration for particular provisions\n\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this part, other than division 3 and this section, has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this section expires 5 years after the commencement.\ns 74AN ins 2025 No. 25 s 8\nexp 31 December 2030 (see 2019 Act No. 5 s 45 (2) )\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":207},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Change of name","content":"# Change of name","sortOrder":208},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Change of name of reportable offender","content":"### sec.74A Change of name of reportable offender\n\nThis section applies if a reportable offender intends to change the offender’s name under the Births, Deaths and Marriages Registration Act 2023 or a law of a foreign jurisdiction (each the relevant law ).\nThe reportable offender must obtain the police commissioner’s written permission before changing, or applying to change, the offender’s name under the relevant law.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nIn deciding whether to give the permission, the police commissioner must consider each of the following—\nthe safety of the reportable offender and other persons;\nthe reportable offender’s rehabilitation or care or treatment;\nwhether the proposed name change could be used to further an unlawful activity or purpose;\nwhether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.\nSubsection (5) applies if the police commissioner becomes aware that the reportable offender has failed to comply with subsection (2) in registering, under the Births, Deaths and Marriages Registration Act 2023 , a change of name.\nThe police commissioner may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration.\ns 74A ins 2011 No. 10 s 19\namd 2023 No. 17 s 182 (1) s ch 3 pt 1 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.74A-ssec.1) This section applies if a reportable offender intends to change the offender’s name under the Births, Deaths and Marriages Registration Act 2023 or a law of a foreign jurisdiction (each the relevant law ).\n(sec.74A-ssec.2) The reportable offender must obtain the police commissioner’s written permission before changing, or applying to change, the offender’s name under the relevant law. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.74A-ssec.3) In deciding whether to give the permission, the police commissioner must consider each of the following— the safety of the reportable offender and other persons; the reportable offender’s rehabilitation or care or treatment; whether the proposed name change could be used to further an unlawful activity or purpose; whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.\n(sec.74A-ssec.4) Subsection (5) applies if the police commissioner becomes aware that the reportable offender has failed to comply with subsection (2) in registering, under the Births, Deaths and Marriages Registration Act 2023 , a change of name.\n(sec.74A-ssec.5) The police commissioner may apply to the registrar under the Births, Deaths and Marriages Registration Act 2023 for the cancellation of the registration.\n- (a) the safety of the reportable offender and other persons;\n- (b) the reportable offender’s rehabilitation or care or treatment;\n- (c) whether the proposed name change could be used to further an unlawful activity or purpose;\n- (d) whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.","sortOrder":209},{"sectionNumber":"pt.6","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":210},{"sectionNumber":"sec.74B","sectionType":"section","heading":"Declaration about disclosure or release of personal information to particular corresponding registrars","content":"### sec.74B Declaration about disclosure or release of personal information to particular corresponding registrars\n\nThis section applies to a disclosure or release of personal information in the register made under or purportedly under this Act or the Police Service Administration Act 1990 —\nby the commissioner before the prescribed day; and\nto a person who became a corresponding registrar on the prescribed day.\nThe disclosure or release is and always was as lawfully made as if it were made on the prescribed day.\nIn this section—\nprescribed day means the day each of the following Acts became a corresponding Act—\nthe Child Protection (Offender Reporting and Registration) Act (NT) ;\nthe Child Sex Offenders Registration Act 2006 (SA) ;\nthe Community Protection (Offender Reporting) Act 2005 (Tas) ;\nthe Crimes (Child Sex Offenders) Act 2005 (ACT) .\ns 74B ins 2011 No. 10 s 20\n(sec.74B-ssec.1) This section applies to a disclosure or release of personal information in the register made under or purportedly under this Act or the Police Service Administration Act 1990 — by the commissioner before the prescribed day; and to a person who became a corresponding registrar on the prescribed day.\n(sec.74B-ssec.2) The disclosure or release is and always was as lawfully made as if it were made on the prescribed day.\n(sec.74B-ssec.3) In this section— prescribed day means the day each of the following Acts became a corresponding Act— the Child Protection (Offender Reporting and Registration) Act (NT) ; the Child Sex Offenders Registration Act 2006 (SA) ; the Community Protection (Offender Reporting) Act 2005 (Tas) ; the Crimes (Child Sex Offenders) Act 2005 (ACT) .\n- (a) by the commissioner before the prescribed day; and\n- (b) to a person who became a corresponding registrar on the prescribed day.\n- (a) the Child Protection (Offender Reporting and Registration) Act (NT) ;\n- (b) the Child Sex Offenders Registration Act 2006 (SA) ;\n- (c) the Community Protection (Offender Reporting) Act 2005 (Tas) ;\n- (d) the Crimes (Child Sex Offenders) Act 2005 (ACT) .","sortOrder":211},{"sectionNumber":"sec.74C","sectionType":"section","heading":"Review of provisions under part 5AA —Daniel’s Law","content":"### sec.74C Review of provisions under part 5AA —Daniel’s Law\n\nThe Minister must ensure the operation of part 5AA is reviewed as soon as practicable after the day that is 5 years after the commencement.\nThe review must be carried out by an independent and appropriately qualified person.\nThe terms of reference for the review are the terms decided by the Minister.\nAs soon as practicable after the review is finished, the Minister must table a report about the outcome of the review in the Legislative Assembly.\ns 74C ins 2017 No. 14 s 34\nsub 2025 No. 25 s 9\n(sec.74C-ssec.1) The Minister must ensure the operation of part 5AA is reviewed as soon as practicable after the day that is 5 years after the commencement.\n(sec.74C-ssec.2) The review must be carried out by an independent and appropriately qualified person.\n(sec.74C-ssec.3) The terms of reference for the review are the terms decided by the Minister.\n(sec.74C-ssec.4) As soon as practicable after the review is finished, the Minister must table a report about the outcome of the review in the Legislative Assembly.","sortOrder":212},{"sectionNumber":"sec.74D","sectionType":"section","heading":"Giving information to police commissioner","content":"### sec.74D Giving information to police commissioner\n\nFor the purposes of this Act, the police commissioner may direct an entity to give the police commissioner any information about a reportable offender, including about an order made under this Act in relation to the offender, held by the entity that is relevant to—\ndeciding whether an application for an order under this Act should be made; or\nthe making of an order under this Act; or\namending or revoking an order under this Act; or\nserving an application or order under this Act; or\ninvestigating an alleged breach of this Act or an order under this Act.\nThe direction must—\nbe given in writing; and\nstate the day on or before which the information must be given.\nThe entity is authorised and, despite any other Act, required to give the information sought by the direction to the police commissioner.\nHowever, the entity is not required to give the information if the information is subject to legal professional privilege.\nThis section does not apply to the following entities—\nthe chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;\na Hospital and Health Service under that Act.\nIn this section—\nentity includes a government entity.\ns 74D ins 2017 No. 14 s 34\n(sec.74D-ssec.1) For the purposes of this Act, the police commissioner may direct an entity to give the police commissioner any information about a reportable offender, including about an order made under this Act in relation to the offender, held by the entity that is relevant to— deciding whether an application for an order under this Act should be made; or the making of an order under this Act; or amending or revoking an order under this Act; or serving an application or order under this Act; or investigating an alleged breach of this Act or an order under this Act.\n(sec.74D-ssec.2) The direction must— be given in writing; and state the day on or before which the information must be given.\n(sec.74D-ssec.3) The entity is authorised and, despite any other Act, required to give the information sought by the direction to the police commissioner.\n(sec.74D-ssec.4) However, the entity is not required to give the information if the information is subject to legal professional privilege.\n(sec.74D-ssec.5) This section does not apply to the following entities— the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered; a Hospital and Health Service under that Act.\n(sec.74D-ssec.6) In this section— entity includes a government entity.\n- (a) deciding whether an application for an order under this Act should be made; or\n- (b) the making of an order under this Act; or\n- (c) amending or revoking an order under this Act; or\n- (d) serving an application or order under this Act; or\n- (e) investigating an alleged breach of this Act or an order under this Act.\n- (a) be given in writing; and\n- (b) state the day on or before which the information must be given.\n- (a) the chief executive of the department in which the Hospital and Health Boards Act 2011 is administered;\n- (b) a Hospital and Health Service under that Act.","sortOrder":213},{"sectionNumber":"sec.74E","sectionType":"section","heading":"Police commissioner may give information to government and other entities","content":"### sec.74E Police commissioner may give information to government and other entities\n\nFor the purposes of this Act, the police commissioner may give the following information about a reportable offender, including about an order made under this Act in relation to the offender, to an entity—\nthe offender’s name and date of birth;\nthe term of any order;\nthe conduct by the offender that any order prohibits;\nanything else the police commissioner reasonably considers is necessary to allow the entity to identify the offender to ensure the safety of—\na child or children in the entity’s care; or\nthe offender.\na photo of the offender\nIf—\nthe police commissioner gives information about an order to an entity; and\nthe order is later varied or revoked;\nthe police commissioner must give notice of the variation or revocation to the entity.\nInformation or notice under subsection (1) or (2) may be given orally or in writing.\nIn this section—\nentity includes a government entity.\norder includes a registered corresponding order.\ns 74E ins 2017 No. 14 s 34\namd 2023 No. 21 s 35\n(sec.74E-ssec.1) For the purposes of this Act, the police commissioner may give the following information about a reportable offender, including about an order made under this Act in relation to the offender, to an entity— the offender’s name and date of birth; the term of any order; the conduct by the offender that any order prohibits; anything else the police commissioner reasonably considers is necessary to allow the entity to identify the offender to ensure the safety of— a child or children in the entity’s care; or the offender. a photo of the offender\n(sec.74E-ssec.2) If— the police commissioner gives information about an order to an entity; and the order is later varied or revoked; the police commissioner must give notice of the variation or revocation to the entity.\n(sec.74E-ssec.3) Information or notice under subsection (1) or (2) may be given orally or in writing.\n(sec.74E-ssec.4) In this section— entity includes a government entity. order includes a registered corresponding order.\n- (a) the offender’s name and date of birth;\n- (b) the term of any order;\n- (c) the conduct by the offender that any order prohibits;\n- (d) anything else the police commissioner reasonably considers is necessary to allow the entity to identify the offender to ensure the safety of— (i) a child or children in the entity’s care; or (ii) the offender. Example— a photo of the offender\n- (i) a child or children in the entity’s care; or\n- (ii) the offender.\n- (i) a child or children in the entity’s care; or\n- (ii) the offender.\n- (a) the police commissioner gives information about an order to an entity; and\n- (b) the order is later varied or revoked;","sortOrder":214},{"sectionNumber":"sec.74F","sectionType":"section","heading":"Disclosing information about offender prohibition orders","content":"### sec.74F Disclosing information about offender prohibition orders\n\nThis section applies if a prescribed entity is given information about an offender prohibition order under section 74E (1) .\nThe prescribed entity may give the information to a person if the entity reasonably believes the giving of the information is necessary for the person to perform a function for which the person is employed.\nSubsection (4) applies if—\na prescribed entity has given information about an offender prohibition order to a person under subsection (2) ; and\nthe prescribed entity is given notice of the variation or revocation of the offender prohibition order under section 74E (2) .\nThe prescribed entity must give notice of the variation or revocation to the person.\nInformation or notice under subsection (2) or (4) may be given orally or in writing.\nA person given information under subsection (2) or (4) must not disclose the information, unless permitted to do so under section 67FE or under another Act.\nIn this section—\nAct includes an Act of the Commonwealth or another State.\noffender prohibition order includes a registered corresponding order.\nprescribed entity means—\nthe chief executive of a government entity; or\nanother entity that is wholly or partly funded by the State or the Commonwealth.\ns 74F ins 2017 No. 14 s 34\namd 2023 No. 21 s 36\n(sec.74F-ssec.1) This section applies if a prescribed entity is given information about an offender prohibition order under section 74E (1) .\n(sec.74F-ssec.2) The prescribed entity may give the information to a person if the entity reasonably believes the giving of the information is necessary for the person to perform a function for which the person is employed.\n(sec.74F-ssec.3) Subsection (4) applies if— a prescribed entity has given information about an offender prohibition order to a person under subsection (2) ; and the prescribed entity is given notice of the variation or revocation of the offender prohibition order under section 74E (2) .\n(sec.74F-ssec.4) The prescribed entity must give notice of the variation or revocation to the person.\n(sec.74F-ssec.5) Information or notice under subsection (2) or (4) may be given orally or in writing.\n(sec.74F-ssec.6) A person given information under subsection (2) or (4) must not disclose the information, unless permitted to do so under section 67FE or under another Act.\n(sec.74F-ssec.7) In this section— Act includes an Act of the Commonwealth or another State. offender prohibition order includes a registered corresponding order. prescribed entity means— the chief executive of a government entity; or another entity that is wholly or partly funded by the State or the Commonwealth.\n- (a) a prescribed entity has given information about an offender prohibition order to a person under subsection (2) ; and\n- (b) the prescribed entity is given notice of the variation or revocation of the offender prohibition order under section 74E (2) .\n- (a) the chief executive of a government entity; or\n- (b) another entity that is wholly or partly funded by the State or the Commonwealth.","sortOrder":215},{"sectionNumber":"sec.74G","sectionType":"section","heading":"Chief executive (communities) to be given information about child respondent","content":"### sec.74G Chief executive (communities) to be given information about child respondent\n\nFor the purpose of giving a report to the court in compliance with a direction of the court under section 13E (2) , the chief executive (communities) may ask a government entity to give the chief executive (communities) any information—\nheld by the government entity; and\nrelevant for the report.\nThe request must—\nbe given in writing; and\nstate the day on or before which the information is to be given.\nThe government entity is authorised, despite any other Act, to give the chief executive (communities) the information requested.\ns 74G ins 2017 No. 14 s 34\n(sec.74G-ssec.1) For the purpose of giving a report to the court in compliance with a direction of the court under section 13E (2) , the chief executive (communities) may ask a government entity to give the chief executive (communities) any information— held by the government entity; and relevant for the report.\n(sec.74G-ssec.2) The request must— be given in writing; and state the day on or before which the information is to be given.\n(sec.74G-ssec.3) The government entity is authorised, despite any other Act, to give the chief executive (communities) the information requested.\n- (a) held by the government entity; and\n- (b) relevant for the report.\n- (a) be given in writing; and\n- (b) state the day on or before which the information is to be given.","sortOrder":216},{"sectionNumber":"sec.74H","sectionType":"section","heading":"Duty of persons obtaining information","content":"### sec.74H Duty of persons obtaining information\n\nThis section applies to a person who obtains information under sections 74D to 74G .\nIt is the duty of the person to take all reasonable steps to ensure the information is used or disclosed only for the purpose for which it was obtained.\ns 74H ins 2017 No. 14 s 34\n(sec.74H-ssec.1) This section applies to a person who obtains information under sections 74D to 74G .\n(sec.74H-ssec.2) It is the duty of the person to take all reasonable steps to ensure the information is used or disclosed only for the purpose for which it was obtained.","sortOrder":217},{"sectionNumber":"sec.74I","sectionType":"section","heading":"Police commissioner may give information about order to other particular persons","content":"### sec.74I Police commissioner may give information about order to other particular persons\n\nTo the extent the police commissioner reasonably considers it necessary and appropriate to reduce a risk to the lives or sexual safety of 1 or more children, or of children generally, the police commissioner may give information about an order made under this Act to a person, including, for example—\nif the respondent is a child respondent—a parent or guardian of the child respondent; or\na parent or guardian of any child protected by the order.\ns 74I ins 2017 No. 14 s 34\n- (a) if the respondent is a child respondent—a parent or guardian of the child respondent; or\n- (b) a parent or guardian of any child protected by the order.","sortOrder":218},{"sectionNumber":"sec.74J","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.74J Protection from liability for giving information\n\nThis section applies if a person, acting honestly, gives information under this Act.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nWithout limiting subsection (2) —\nin a proceeding for defamation, the person has a defence of absolute privilege for disclosing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, the person does not contravene the Act by giving the information.\ns 74J ins 2017 No. 14 s 34\n(sec.74J-ssec.1) This section applies if a person, acting honestly, gives information under this Act.\n(sec.74J-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.74J-ssec.3) Without limiting subsection (2) — in a proceeding for defamation, the person has a defence of absolute privilege for disclosing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, the person does not contravene the Act by giving the information.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for disclosing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, the person does not contravene the Act by giving the information.","sortOrder":219},{"sectionNumber":"sec.75","sectionType":"section","heading":"Protection from personal liability","content":"### sec.75 Protection from personal liability\n\nA person acting in the administration or execution of this Act does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to the person, the liability attaches instead to the State.\n(sec.75-ssec.1) A person acting in the administration or execution of this Act does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.75-ssec.2) If subsection (1) prevents civil liability attaching to the person, the liability attaches instead to the State.","sortOrder":220},{"sectionNumber":"sec.76","sectionType":"section","heading":"Effect of spent convictions","content":"### sec.76 Effect of spent convictions\n\nThe fact that an offence for which a reportable offender has been convicted becomes spent does not affect—\nthe status of the offence as a reportable offence under this Act in relation to the offender; or\nany reporting obligations of the offender.\nFor this section, an offence becomes spent if, under a law in any jurisdiction, the reportable offender is allowed to not disclose the fact that the person was convicted of the offence.\ns 76 amd 2023 No. 10 s 16 (2) , (4)\n(sec.76-ssec.1) The fact that an offence for which a reportable offender has been convicted becomes spent does not affect— the status of the offence as a reportable offence under this Act in relation to the offender; or any reporting obligations of the offender.\n(sec.76-ssec.2) For this section, an offence becomes spent if, under a law in any jurisdiction, the reportable offender is allowed to not disclose the fact that the person was convicted of the offence.\n- (a) the status of the offence as a reportable offence under this Act in relation to the offender; or\n- (b) any reporting obligations of the offender.","sortOrder":221},{"sectionNumber":"sec.77","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.77 Evidentiary provisions\n\nIn a proceeding under this Act, a statement by the prosecution that the register—\nat a particular date contained particular information, including information that a stated person was a reportable offender; or\nindicated that, during a particular period, a specified person failed to notify information as required by this Act;\nis evidence of the stated matters.\nFor this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence of the facts stated in the certificate.\nIn a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters—\na stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date;\na stated process server was authorised to serve a stated corresponding order;\nthe respondent for an offender prohibition order, or corresponding order, was present in court when the order was made;\nthe respondent for a registered corresponding order was present in court when the order was registered;\na stated person was given a stated reporting obligations notice by a stated police officer on a stated date.\nIn a proceeding under this Act—\nan affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and\nan affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters.\nIf a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing—\na statement mentioned in subsection (3) ;\nan affidavit mentioned in subsection (4) .\nIn this section—\ncourt , in relation to the making of a corresponding order, means any court of another jurisdiction that made the corresponding order.\nprocess server means—\na police officer; or\nin relation to a registered corresponding order—\na member of the police force of the jurisdiction where the corresponding order was made; or\nanother person authorised under the law of that jurisdiction to serve the corresponding order.\ns 77 amd 2014 No. 34 s 30 ; 2017 No. 14 s 35 ; 2023 No. 21 s 37\n(sec.77-ssec.1) In a proceeding under this Act, a statement by the prosecution that the register— at a particular date contained particular information, including information that a stated person was a reportable offender; or indicated that, during a particular period, a specified person failed to notify information as required by this Act; is evidence of the stated matters.\n(sec.77-ssec.2) For this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence of the facts stated in the certificate.\n(sec.77-ssec.3) In a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters— a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date; a stated process server was authorised to serve a stated corresponding order; the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made; the respondent for a registered corresponding order was present in court when the order was registered; a stated person was given a stated reporting obligations notice by a stated police officer on a stated date.\n(sec.77-ssec.4) In a proceeding under this Act— an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters.\n(sec.77-ssec.5) If a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing— a statement mentioned in subsection (3) ; an affidavit mentioned in subsection (4) .\n(sec.77-ssec.6) In this section— court , in relation to the making of a corresponding order, means any court of another jurisdiction that made the corresponding order. process server means— a police officer; or in relation to a registered corresponding order— a member of the police force of the jurisdiction where the corresponding order was made; or another person authorised under the law of that jurisdiction to serve the corresponding order.\n- (a) at a particular date contained particular information, including information that a stated person was a reportable offender; or\n- (b) indicated that, during a particular period, a specified person failed to notify information as required by this Act;\n- (a) a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date;\n- (b) a stated process server was authorised to serve a stated corresponding order;\n- (c) the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made;\n- (d) the respondent for a registered corresponding order was present in court when the order was registered;\n- (e) a stated person was given a stated reporting obligations notice by a stated police officer on a stated date.\n- (a) an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and\n- (b) an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters.\n- (a) a statement mentioned in subsection (3) ;\n- (b) an affidavit mentioned in subsection (4) .\n- (a) a police officer; or\n- (b) in relation to a registered corresponding order— (i) a member of the police force of the jurisdiction where the corresponding order was made; or (ii) another person authorised under the law of that jurisdiction to serve the corresponding order.\n- (i) a member of the police force of the jurisdiction where the corresponding order was made; or\n- (ii) another person authorised under the law of that jurisdiction to serve the corresponding order.\n- (i) a member of the police force of the jurisdiction where the corresponding order was made; or\n- (ii) another person authorised under the law of that jurisdiction to serve the corresponding order.","sortOrder":222},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Legal proceedings for pt 3A","content":"### sec.77A Legal proceedings for pt 3A\n\nAn application under part 3A may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\nThe Uniform Civil Procedure Rules 1999 apply to a proceeding under part 3A , other than a proceeding for—\na temporary order; or\nan offence against this Act.\nA question of fact in a proceeding under part 3A is to be decided on the balance of probabilities.\ns 77A ins 2017 No. 14 s 36\n(sec.77A-ssec.1) An application under part 3A may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\n(sec.77A-ssec.2) The Uniform Civil Procedure Rules 1999 apply to a proceeding under part 3A , other than a proceeding for— a temporary order; or an offence against this Act.\n(sec.77A-ssec.3) A question of fact in a proceeding under part 3A is to be decided on the balance of probabilities.\n- (a) a temporary order; or\n- (b) an offence against this Act.","sortOrder":223},{"sectionNumber":"sec.77B","sectionType":"section","heading":"Cross-examining protected witnesses","content":"### sec.77B Cross-examining protected witnesses\n\nThe Evidence Act 1977 , part 2 , division 6 applies to a proceeding under this Act as if—\na reference to a protected witness included a reference to an alleged victim of the offence who was under 16 years when the offence was committed, irrespective of the alleged victim’s age when giving evidence; and\na reference to a person charged were a reference to—\na reportable offender; or\na respondent in a proceeding under this Act.\ns 77B ins 2017 No. 14 s 36\n(sec.77B-ssec) The Evidence Act 1977 , part 2 , division 6 applies to a proceeding under this Act as if— a reference to a protected witness included a reference to an alleged victim of the offence who was under 16 years when the offence was committed, irrespective of the alleged victim’s age when giving evidence; and a reference to a person charged were a reference to— a reportable offender; or a respondent in a proceeding under this Act.\n- (a) a reference to a protected witness included a reference to an alleged victim of the offence who was under 16 years when the offence was committed, irrespective of the alleged victim’s age when giving evidence; and\n- (b) a reference to a person charged were a reference to— (i) a reportable offender; or (ii) a respondent in a proceeding under this Act.\n- (i) a reportable offender; or\n- (ii) a respondent in a proceeding under this Act.\n- (i) a reportable offender; or\n- (ii) a respondent in a proceeding under this Act.","sortOrder":224},{"sectionNumber":"sec.77C","sectionType":"section","heading":"Application of Evidence Act 1977 , s 53","content":"### sec.77C Application of Evidence Act 1977 , s 53\n\nIn a proceeding under part 3A , the relevant provision applies for the purpose of proving—\nan offender prohibition order or another order made under part 3A ; or\na corresponding order; or\nthe registration of a corresponding order under part 3A .\nFor applying the relevant provision as mentioned in subsection (1) (a) —\na reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and\na reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.\nFor applying the relevant provision as mentioned in subsection (1) (b) or (c) —\na reference to a court in subsection (1) (a) of the relevant provision includes—\na judicial officer of a court of another jurisdiction who has made a corresponding order; and\na registrar of a Magistrates Court who has registered a corresponding order; and\na reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.\nIn this section—\nrelevant provision means the Evidence Act 1977 , section 53 .\nSee also the Evidence Act 1995 (Cwlth) , sections 5 , 157 and 158 for proof of corresponding orders.\ns 77C ins 2017 No. 14 s 36\n(sec.77C-ssec.1) In a proceeding under part 3A , the relevant provision applies for the purpose of proving— an offender prohibition order or another order made under part 3A ; or a corresponding order; or the registration of a corresponding order under part 3A .\n(sec.77C-ssec.2) For applying the relevant provision as mentioned in subsection (1) (a) — a reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and a reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.\n(sec.77C-ssec.3) For applying the relevant provision as mentioned in subsection (1) (b) or (c) — a reference to a court in subsection (1) (a) of the relevant provision includes— a judicial officer of a court of another jurisdiction who has made a corresponding order; and a registrar of a Magistrates Court who has registered a corresponding order; and a reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.\n(sec.77C-ssec.4) In this section— relevant provision means the Evidence Act 1977 , section 53 . See also the Evidence Act 1995 (Cwlth) , sections 5 , 157 and 158 for proof of corresponding orders.\n- (a) an offender prohibition order or another order made under part 3A ; or\n- (b) a corresponding order; or\n- (c) the registration of a corresponding order under part 3A .\n- (a) a reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and\n- (b) a reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.\n- (a) a reference to a court in subsection (1) (a) of the relevant provision includes— (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and (ii) a registrar of a Magistrates Court who has registered a corresponding order; and\n- (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and\n- (ii) a registrar of a Magistrates Court who has registered a corresponding order; and\n- (b) a reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.\n- (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and\n- (ii) a registrar of a Magistrates Court who has registered a corresponding order; and","sortOrder":225},{"sectionNumber":"sec.77D","sectionType":"section","heading":"Proof of knowledge of order conditions","content":"### sec.77D Proof of knowledge of order conditions\n\nSubsection (2) applies if—\nan issue is raised in a proceeding of whether a respondent for an offender prohibition order or registered corresponding order knew about a particular condition of the order alleged to have been contravened; and\nthere is evidence that the respondent only knew of the existence of the order because a police officer told the respondent about its existence.\nThe respondent can not be convicted unless it is proved that the police officer told the respondent about the particular condition.\nIn this section—\npolice officer , in relation to a registered corresponding order, includes a member of the police force of the jurisdiction where the corresponding order was made.\ns 77D ins 2017 No. 14 s 36\n(sec.77D-ssec.1) Subsection (2) applies if— an issue is raised in a proceeding of whether a respondent for an offender prohibition order or registered corresponding order knew about a particular condition of the order alleged to have been contravened; and there is evidence that the respondent only knew of the existence of the order because a police officer told the respondent about its existence.\n(sec.77D-ssec.2) The respondent can not be convicted unless it is proved that the police officer told the respondent about the particular condition.\n(sec.77D-ssec.3) In this section— police officer , in relation to a registered corresponding order, includes a member of the police force of the jurisdiction where the corresponding order was made.\n- (a) an issue is raised in a proceeding of whether a respondent for an offender prohibition order or registered corresponding order knew about a particular condition of the order alleged to have been contravened; and\n- (b) there is evidence that the respondent only knew of the existence of the order because a police officer told the respondent about its existence.","sortOrder":226},{"sectionNumber":"sec.77F","sectionType":"section","heading":"Concurrent criminal proceeding","content":"### sec.77F Concurrent criminal proceeding\n\nAn application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\nHowever, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court—\nthe existence of the application;\nthe existence of any proceeding relating to the application;\nthe making of, or refusal to make, any order relating to the application;\nthe making of, or refusal to make, any variation of any order relating to the application;\nthe fact that evidence of a particular nature or content was given in any proceeding relating to the application.\nTo remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect—\nany proceeding for an offence against the person arising out of the same conduct; or\nany civil liability of the person.\nThe person may be punished for the offence mentioned in subsection (3) (a) despite any order made against the person under this Act.\ns 77F ins 2017 No. 14 s 36\n(sec.77F-ssec.1) An application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\n(sec.77F-ssec.2) However, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court— the existence of the application; the existence of any proceeding relating to the application; the making of, or refusal to make, any order relating to the application; the making of, or refusal to make, any variation of any order relating to the application; the fact that evidence of a particular nature or content was given in any proceeding relating to the application.\n(sec.77F-ssec.3) To remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect— any proceeding for an offence against the person arising out of the same conduct; or any civil liability of the person.\n(sec.77F-ssec.4) The person may be punished for the offence mentioned in subsection (3) (a) despite any order made against the person under this Act.\n- (a) the existence of the application;\n- (b) the existence of any proceeding relating to the application;\n- (c) the making of, or refusal to make, any order relating to the application;\n- (d) the making of, or refusal to make, any variation of any order relating to the application;\n- (e) the fact that evidence of a particular nature or content was given in any proceeding relating to the application.\n- (a) any proceeding for an offence against the person arising out of the same conduct; or\n- (b) any civil liability of the person.","sortOrder":227},{"sectionNumber":"sec.78","sectionType":"section","heading":"Regulation-making power","content":"### sec.78 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , the Governor in Council may make a regulation imposing a penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.78-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.78-ssec.2) Without limiting subsection (1) , the Governor in Council may make a regulation imposing a penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":228},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":229},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Provision for the Criminal Code and Other Acts Amendment Act 2008","content":"## Provision for the Criminal Code and Other Acts Amendment Act 2008","sortOrder":230},{"sectionNumber":"sec.79","sectionType":"section","heading":"Transitional provision","content":"### sec.79 Transitional provision\n\nSchedule 1 applies as if the reference to the Criminal Code , section 208 included a reference to the Criminal Code , section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 79 ins 2008 No. 55 s 150 sch\namd 2011 No. 10 s 22","sortOrder":231},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Provisions for the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2011","content":"## Provisions for the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2011","sortOrder":232},{"sectionNumber":"sec.80","sectionType":"section","heading":"Declaration about application of s 14","content":"### sec.80 Declaration about application of s 14\n\nThis section applies to a reportable offender who—\nbefore the commencement, was required to make an initial report; but\nhad not made the report before the commencement because the period, stated in pre-amended section 14, for making the report had not ended.\nTo remove any doubt, it is declared that pre-amended section 14 continues to apply to the reportable offender for making the report.\nIn this section—\ncommencement means the commencement of this section.\npre-amended section 14 means section 14 as in force immediately before the commencement.\ns 80 ins 2011 No. 10 s 23\n(sec.80-ssec.1) This section applies to a reportable offender who— before the commencement, was required to make an initial report; but had not made the report before the commencement because the period, stated in pre-amended section 14, for making the report had not ended.\n(sec.80-ssec.2) To remove any doubt, it is declared that pre-amended section 14 continues to apply to the reportable offender for making the report.\n(sec.80-ssec.3) In this section— commencement means the commencement of this section. pre-amended section 14 means section 14 as in force immediately before the commencement.\n- (a) before the commencement, was required to make an initial report; but\n- (b) had not made the report before the commencement because the period, stated in pre-amended section 14, for making the report had not ended.","sortOrder":233},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of s 33","content":"### sec.81 Application of s 33\n\nThis section applies if—\nbefore the commencement, the police commissioner agreed, under section 33(2), to allow a reportable offender to make a report at a specific time; and\nat the commencement, the specific time had not ended and the offender had not made the report.\nSection 33(2) as in force immediately before the commencement continues to apply to the reportable offender until the end of the specific time.\nIn this section—\ncommencement means the commencement of this section.\ns 81 ins 2011 No. 10 s 23\n(sec.81-ssec.1) This section applies if— before the commencement, the police commissioner agreed, under section 33(2), to allow a reportable offender to make a report at a specific time; and at the commencement, the specific time had not ended and the offender had not made the report.\n(sec.81-ssec.2) Section 33(2) as in force immediately before the commencement continues to apply to the reportable offender until the end of the specific time.\n(sec.81-ssec.3) In this section— commencement means the commencement of this section.\n- (a) before the commencement, the police commissioner agreed, under section 33(2), to allow a reportable offender to make a report at a specific time; and\n- (b) at the commencement, the specific time had not ended and the offender had not made the report.","sortOrder":234},{"sectionNumber":"sec.82","sectionType":"section","heading":"Declaration and other provision about effect of previous sentence for a new class 1 or class 2 offence","content":"### sec.82 Declaration and other provision about effect of previous sentence for a new class 1 or class 2 offence\n\nThis section applies to a person who—\nbefore the commencement, was sentenced for an offence that is a new class 1 or 2 offence; but\nimmediately before the commencement, was not a reportable offender.\nTo remove any doubt, it is declared that, subject to section 5, the person is a reportable offender.\nHowever, a reporting obligation does not apply to the person unless the police commissioner has given the person a notice under section 59.\nIn this section—\ncommencement means the commencement of this section.\nnew class 1 or 2 offence means an offence that—\nbefore the commencement, was not a class 1 or 2 offence; but\non the commencement, is a class 1 or 2 offence.\ns 82 ins 2011 No. 10 s 23\n(sec.82-ssec.1) This section applies to a person who— before the commencement, was sentenced for an offence that is a new class 1 or 2 offence; but immediately before the commencement, was not a reportable offender.\n(sec.82-ssec.2) To remove any doubt, it is declared that, subject to section 5, the person is a reportable offender.\n(sec.82-ssec.3) However, a reporting obligation does not apply to the person unless the police commissioner has given the person a notice under section 59.\n(sec.82-ssec.4) In this section— commencement means the commencement of this section. new class 1 or 2 offence means an offence that— before the commencement, was not a class 1 or 2 offence; but on the commencement, is a class 1 or 2 offence.\n- (a) before the commencement, was sentenced for an offence that is a new class 1 or 2 offence; but\n- (b) immediately before the commencement, was not a reportable offender.\n- (a) before the commencement, was not a class 1 or 2 offence; but\n- (b) on the commencement, is a class 1 or 2 offence.","sortOrder":235},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014","sortOrder":236},{"sectionNumber":"sec.83","sectionType":"section","heading":"Definitions for div 3","content":"### sec.83 Definitions for div 3\n\nIn this division—\namending Act means the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2014 .\ncommencement means the time of commencement of the provision in which this term appears.\npre-amended Act means this Act as in force immediately before it was amended by the amending Act.\ns 83 ins 2014 No. 34 s 31","sortOrder":237},{"sectionNumber":"sec.84","sectionType":"section","heading":"Single offence by child against Criminal Code, s 210","content":"### sec.84 Single offence by child against Criminal Code, s 210\n\nTo remove any doubt, it is declared that a person is not a reportable offender under this Act only because the person committed a single offence against the Criminal Code, section 210—\nwhen the person was a child; and\nbefore the commencement.\ns 84 ins 2014 No. 34 s 31\n- (a) when the person was a child; and\n- (b) before the commencement.","sortOrder":238},{"sectionNumber":"sec.85","sectionType":"section","heading":"New South Wales reportable offenders","content":"### sec.85 New South Wales reportable offenders\n\nThis section applies to a person who—\nwas, immediately before the commencement, a New South Wales reportable offender under the pre-amended Act, section 8; and\nwould, except for the amendment made by the amending Act, have continued to be a New South Wales reportable offender for a period (the remaining reporting period ) after the commencement.\nThe person is taken to be a corresponding reportable offender under this Act until—\nthe remaining reporting period ends; or\nthe person otherwise stops being a reportable offender.\ns 85 ins 2014 No. 34 s 31\n(sec.85-ssec.1) This section applies to a person who— was, immediately before the commencement, a New South Wales reportable offender under the pre-amended Act, section 8; and would, except for the amendment made by the amending Act, have continued to be a New South Wales reportable offender for a period (the remaining reporting period ) after the commencement.\n(sec.85-ssec.2) The person is taken to be a corresponding reportable offender under this Act until— the remaining reporting period ends; or the person otherwise stops being a reportable offender.\n- (a) was, immediately before the commencement, a New South Wales reportable offender under the pre-amended Act, section 8; and\n- (b) would, except for the amendment made by the amending Act, have continued to be a New South Wales reportable offender for a period (the remaining reporting period ) after the commencement.\n- (a) the remaining reporting period ends; or\n- (b) the person otherwise stops being a reportable offender.","sortOrder":239},{"sectionNumber":"sec.86","sectionType":"section","heading":"Reportable offenders who have made annual report before commencement","content":"### sec.86 Reportable offenders who have made annual report before commencement\n\nThis section applies if a reportable offender has, before the commencement, made an annual report for 2014 under the pre-amended Act, section 18.\nThe reportable offender must start making periodic reports—\nif the police commissioner gives the offender a notice under section 19(3)—at the time stated in the notice; or\notherwise—\nif the anniversary of the date when the offender made the initial report falls in a reporting month—in that month; or\nif the anniversary does not fall in a reporting month—in the next reporting month after the anniversary.\nA reportable offender makes an annual report in March 2014. If the amending Act commences in April 2014, the offender must start making periodic reports in May 2015.\ns 86 ins 2014 No. 34 s 31\n(sec.86-ssec.1) This section applies if a reportable offender has, before the commencement, made an annual report for 2014 under the pre-amended Act, section 18.\n(sec.86-ssec.2) The reportable offender must start making periodic reports— if the police commissioner gives the offender a notice under section 19(3)—at the time stated in the notice; or otherwise— if the anniversary of the date when the offender made the initial report falls in a reporting month—in that month; or if the anniversary does not fall in a reporting month—in the next reporting month after the anniversary. A reportable offender makes an annual report in March 2014. If the amending Act commences in April 2014, the offender must start making periodic reports in May 2015.\n- (a) if the police commissioner gives the offender a notice under section 19(3)—at the time stated in the notice; or\n- (b) otherwise— (i) if the anniversary of the date when the offender made the initial report falls in a reporting month—in that month; or (ii) if the anniversary does not fall in a reporting month—in the next reporting month after the anniversary. Example for paragraph (b)— A reportable offender makes an annual report in March 2014. If the amending Act commences in April 2014, the offender must start making periodic reports in May 2015.\n- (i) if the anniversary of the date when the offender made the initial report falls in a reporting month—in that month; or\n- (ii) if the anniversary does not fall in a reporting month—in the next reporting month after the anniversary.\n- (i) if the anniversary of the date when the offender made the initial report falls in a reporting month—in that month; or\n- (ii) if the anniversary does not fall in a reporting month—in the next reporting month after the anniversary.","sortOrder":240},{"sectionNumber":"sec.87","sectionType":"section","heading":"Evidence certificates for existing proceedings","content":"### sec.87 Evidence certificates for existing proceedings\n\nSection 77 of the pre-amended Act continues to apply to a proceeding started before the commencement, despite the amendment of section 77.\ns 87 ins 2014 No. 34 s 31","sortOrder":241},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transitional provision for Health and Other Legislation Amendment Act 2016","content":"## Transitional provision for Health and Other Legislation Amendment Act 2016","sortOrder":242},{"sectionNumber":"sec.88","sectionType":"section","heading":"Sch 1 references to the Criminal Code, s 215","content":"### sec.88 Sch 1 references to the Criminal Code, s 215\n\nSchedule 1 applies as if the reference to the Criminal Code, section 215 included a reference to—\nthe Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and\nthe Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 88 ins 2016 No. 50 s 40 sch 1\n- (a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and\n- (b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .","sortOrder":243},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2017","content":"## Transitional provisions for Child Protection (Offender Reporting) and Other Legislation Amendment Act 2017","sortOrder":244},{"sectionNumber":"sec.89","sectionType":"section","heading":"References to Child Protection (Offender Prohibition Order) Act 2008","content":"### sec.89 References to Child Protection (Offender Prohibition Order) Act 2008\n\nIf the context allows, a reference in an Act or other document to the Child Protection (Offender Prohibition Order) Act 2008 (the repealed Act ) is taken to be a reference to this Act.\ns 89 ins 2017 No. 14 s 37","sortOrder":245},{"sectionNumber":"sec.90","sectionType":"section","heading":"Documents under Child Protection (Offender Prohibition Order) Act 2008","content":"### sec.90 Documents under Child Protection (Offender Prohibition Order) Act 2008\n\nThis section applies to a document under the repealed Act that is in effect immediately before the Act is repealed.\nThe document continues to have effect according to its terms and conditions.\nThis Act applies to the document as if the document had been made under this Act.\nTo remove any doubt, it is declared that the document took effect or was made, given or received when the document took effect or was made, given or received under the repealed Act.\nIn this section—\ndocument includes—\nan offender prohibition order or any other order; and\na direction; and\na delegation; and\na notice.\ns 90 ins 2017 No. 14 s 37\n(sec.90-ssec.1) This section applies to a document under the repealed Act that is in effect immediately before the Act is repealed.\n(sec.90-ssec.2) The document continues to have effect according to its terms and conditions.\n(sec.90-ssec.3) This Act applies to the document as if the document had been made under this Act.\n(sec.90-ssec.4) To remove any doubt, it is declared that the document took effect or was made, given or received when the document took effect or was made, given or received under the repealed Act.\n(sec.90-ssec.5) In this section— document includes— an offender prohibition order or any other order; and a direction; and a delegation; and a notice.\n- (a) an offender prohibition order or any other order; and\n- (b) a direction; and\n- (c) a delegation; and\n- (d) a notice.","sortOrder":246},{"sectionNumber":"sec.91","sectionType":"section","heading":"Taking fingerprints","content":"### sec.91 Taking fingerprints\n\nThis section applies to a reportable offender who, before the commencement—\nmade an initial report of the offender’s personal details to the police commissioner after receiving a notice under section 54(5); and\nwhen making the initial report, was not required to allow a police officer to take, or cause a person authorised by the officer to take, the offender’s fingerprints.\nThe police commissioner must, by written notice, require the reportable offender to allow a police officer to take, or cause a person authorised by the officer to take, the offender’s fingerprints when the offender is next required under this Act to make a report.\ns 91 ins 2017 No. 14 s 37\n(sec.91-ssec.1) This section applies to a reportable offender who, before the commencement— made an initial report of the offender’s personal details to the police commissioner after receiving a notice under section 54(5); and when making the initial report, was not required to allow a police officer to take, or cause a person authorised by the officer to take, the offender’s fingerprints.\n(sec.91-ssec.2) The police commissioner must, by written notice, require the reportable offender to allow a police officer to take, or cause a person authorised by the officer to take, the offender’s fingerprints when the offender is next required under this Act to make a report.\n- (a) made an initial report of the offender’s personal details to the police commissioner after receiving a notice under section 54(5); and\n- (b) when making the initial report, was not required to allow a police officer to take, or cause a person authorised by the officer to take, the offender’s fingerprints.","sortOrder":247},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","content":"## Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","sortOrder":248},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for division","content":"### sec.92 Definitions for division\n\nIn this division—\namending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020 .\nformer section 51B means section 51B as in force from time to time before it was amended by part 2 of the amending Act.\ns 92 ins 2020 No. 7 s 4","sortOrder":249},{"sectionNumber":"sec.93","sectionType":"section","heading":"Saving of former s 51B","content":"### sec.93 Saving of former s 51B\n\nFormer section 51B continues to apply, as if part 2 of the amending Act had not commenced, in relation to a requirement imposed under former section 51B(2) before the commencement.\ns 93 ins 2020 No. 7 s 4","sortOrder":250},{"sectionNumber":"sec.94","sectionType":"section","heading":"Declaratory provision about effect of amending Act","content":"### sec.94 Declaratory provision about effect of amending Act\n\nThis section applies for deciding, after the commencement, a matter to which former section 51B applies.\nThe amendment of former section 51B by the amending Act is to be disregarded.\ns 94 ins 2020 No. 7 s 4\n(sec.94-ssec.1) This section applies for deciding, after the commencement, a matter to which former section 51B applies.\n(sec.94-ssec.2) The amendment of former section 51B by the amending Act is to be disregarded.","sortOrder":251},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","content":"## Transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","sortOrder":252},{"sectionNumber":"sec.95","sectionType":"section","heading":"Definitions for division","content":"### sec.95 Definitions for division\n\nIn this division—\namending Act means the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 .\nformer , for a provision of this Act, means the provision in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision in force from the commencement.\ns 95 ins 2023 No. 21 s 39","sortOrder":253},{"sectionNumber":"sec.96","sectionType":"section","heading":"Existing offender reporting orders","content":"### sec.96 Existing offender reporting orders\n\nAn offender reporting order made under former section 13 is taken to be an offender reporting order made under—\nfor an order made against a person convicted of an offence that is not a prescribed offence—new section 12B; or\nfor an order made against a person the subject of a forensic order—new section 12C.\ns 96 ins 2023 No. 21 s 39\n- (a) for an order made against a person convicted of an offence that is not a prescribed offence—new section 12B; or\n- (b) for an order made against a person the subject of a forensic order—new section 12C.","sortOrder":254},{"sectionNumber":"sec.97","sectionType":"section","heading":"Existing applications for offender reporting order","content":"### sec.97 Existing applications for offender reporting order\n\nAn application for an offender reporting order mentioned in former section 13(5)(b) is taken to be an application for an offender reporting order mentioned in new section 12E.\nThis Act as in force from the commencement applies for hearing and deciding the application.\ns 97 ins 2023 No. 21 s 39\n(sec.97-ssec.1) An application for an offender reporting order mentioned in former section 13(5)(b) is taken to be an application for an offender reporting order mentioned in new section 12E.\n(sec.97-ssec.2) This Act as in force from the commencement applies for hearing and deciding the application.","sortOrder":255},{"sectionNumber":"sec.98","sectionType":"section","heading":"Existing appeals against making of, or refusal to make, offender reporting order","content":"### sec.98 Existing appeals against making of, or refusal to make, offender reporting order\n\nThis section applies to an appeal under former section 13(6) or (7) started, but not decided, before the commencement.\nThe court to which the appeal was made may continue to hear and decide the appeal as if the amending Act had not been enacted.\ns 98 ins 2023 No. 21 s 39\n(sec.98-ssec.1) This section applies to an appeal under former section 13(6) or (7) started, but not decided, before the commencement.\n(sec.98-ssec.2) The court to which the appeal was made may continue to hear and decide the appeal as if the amending Act had not been enacted.","sortOrder":256},{"sectionNumber":"sec.99","sectionType":"section","heading":"Existing rights of appeal against making of, or refusal to make, offender reporting order","content":"### sec.99 Existing rights of appeal against making of, or refusal to make, offender reporting order\n\nThis section applies if, immediately before the commencement—\na person could have, but had not, started an appeal under former section 13(6) or (7); and\nthe period within which the person could start the appeal had not ended.\nThe person may, within the period mentioned in subsection (1)(b), start the appeal and the court to which the appeal is made may hear and decide the appeal as if the amending Act had not been enacted.\ns 99 ins 2023 No. 21 s 39\n(sec.99-ssec.1) This section applies if, immediately before the commencement— a person could have, but had not, started an appeal under former section 13(6) or (7); and the period within which the person could start the appeal had not ended.\n(sec.99-ssec.2) The person may, within the period mentioned in subsection (1)(b), start the appeal and the court to which the appeal is made may hear and decide the appeal as if the amending Act had not been enacted.\n- (a) a person could have, but had not, started an appeal under former section 13(6) or (7); and\n- (b) the period within which the person could start the appeal had not ended.","sortOrder":257},{"sectionNumber":"sec.100","sectionType":"section","heading":"Existing notices about reporting obligations given by police commissioner","content":"### sec.100 Existing notices about reporting obligations given by police commissioner\n\nThis section applies if, immediately before the commencement, a reportable offender’s reporting period had not ended.\nA notice given to the reportable offender by the police commissioner under former section 54(5) before the commencement is taken to be a reporting obligations notice given to the offender under new section 54A.\nIf the notice is the first notice the police commissioner gave the reportable offender after an event mentioned in former section 54(2) happened, the notice is taken to be the initial reporting obligations notice given to the offender under new section 54A(1).\ns 100 ins 2023 No. 21 s 39\n(sec.100-ssec.1) This section applies if, immediately before the commencement, a reportable offender’s reporting period had not ended.\n(sec.100-ssec.2) A notice given to the reportable offender by the police commissioner under former section 54(5) before the commencement is taken to be a reporting obligations notice given to the offender under new section 54A.\n(sec.100-ssec.3) If the notice is the first notice the police commissioner gave the reportable offender after an event mentioned in former section 54(2) happened, the notice is taken to be the initial reporting obligations notice given to the offender under new section 54A(1).","sortOrder":258},{"sectionNumber":"sec.101","sectionType":"section","heading":"Reporting offenders convicted of device inspection offences","content":"### sec.101 Reporting offenders convicted of device inspection offences\n\nThis section applies in relation to a person who, on the commencement, is a reportable offender who has been convicted of a device inspection offence.\nThe police commissioner must ensure new section 68(2)(f) and (4) are complied with in relation to the reportable offender within 3 months after the commencement.\nSee new section 74(2) and (3) for the reportable offender’s right to apply for a review of the decision to place on the register information that the person is a reportable offender who has been convicted of a device inspection offence.\ns 101 ins 2023 No. 21 s 39\n(sec.101-ssec.1) This section applies in relation to a person who, on the commencement, is a reportable offender who has been convicted of a device inspection offence.\n(sec.101-ssec.2) The police commissioner must ensure new section 68(2)(f) and (4) are complied with in relation to the reportable offender within 3 months after the commencement. See new section 74(2) and (3) for the reportable offender’s right to apply for a review of the decision to place on the register information that the person is a reportable offender who has been convicted of a device inspection offence.","sortOrder":259},{"sectionNumber":"sec.102","sectionType":"section","heading":"Existing reviews about entry on register","content":"### sec.102 Existing reviews about entry on register\n\nThis section applies to a review under former section 74 started, but not decided, before the commencement.\nThe police commissioner may continue to consider, and decide, the review under former section 74 as if the amending Act had not been enacted.\ns 102 ins 2023 No. 21 s 39\n(sec.102-ssec.1) This section applies to a review under former section 74 started, but not decided, before the commencement.\n(sec.102-ssec.2) The police commissioner may continue to consider, and decide, the review under former section 74 as if the amending Act had not been enacted.","sortOrder":260},{"sectionNumber":"sec.103","sectionType":"section","heading":"Existing rights of review about entry on register","content":"### sec.103 Existing rights of review about entry on register\n\nThis section applies if, immediately before the commencement—\na person could have, but had not, applied to the police commissioner for a review under former section 74; and\nthe period within which the person could apply for the review had not ended.\nThe person may, within the period mentioned in subsection (1)(b), apply for the review and the police commissioner may consider and decide the review, under former section 74, as if the amending Act had not been enacted.\ns 103 ins 2023 No. 21 s 39\n(sec.103-ssec.1) This section applies if, immediately before the commencement— a person could have, but had not, applied to the police commissioner for a review under former section 74; and the period within which the person could apply for the review had not ended.\n(sec.103-ssec.2) The person may, within the period mentioned in subsection (1)(b), apply for the review and the police commissioner may consider and decide the review, under former section 74, as if the amending Act had not been enacted.\n- (a) a person could have, but had not, applied to the police commissioner for a review under former section 74; and\n- (b) the period within which the person could apply for the review had not ended.","sortOrder":261},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Transitional provision for Community Protection and Public Child Sex Offender Register (Daniel’s Law) Act 2025","content":"## Transitional provision for Community Protection and Public Child Sex Offender Register (Daniel’s Law) Act 2025","sortOrder":262},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of particular provisions under part 5AA—Daniel’s Law","content":"### sec.104 Application of particular provisions under part 5AA—Daniel’s Law\n\nPart 5AA applies to a person who is a reportable offender whether the person became a reportable offender before or after the commencement of that part.\ns 104 ins 2025 No. 25 s 10","sortOrder":263}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 2004 scope focused on a reporting register and basic reporting obligations for sex offenders. Over successive amendments, the scope has significantly expanded to include: offender prohibition orders (added 2017) allowing courts to impose wide-ranging behavioural restrictions including electronic monitoring; a public-facing child sex offender register (added later); coverage of forensic patients under the Mental Health Act; post-DPSOA reportable offenders (a new category added 2018); formal offender reporting order mechanisms separate from automatic obligations (added 2023); and broader recognition of interstate and international offending. What began as an administrative monitoring regime has evolved into a comprehensive civil restraint and public disclosure system."},"complexity_factors":["Multiple interlocking definitions that reference each other (e.g., 'reportable offender' has 8 sub-categories, each with their own conditions and exceptions)","Retrospective application of the law to pre-2005 conduct, creating complex transitional provisions and 'existing reportable offender' categories","Interaction with multiple other Acts (Dangerous Prisoners Act 2003, Mental Health Act 2016, Criminal Code, Youth Justice Act 1992, Penalties and Sentences Act 1992, Police Powers and Responsibilities Act 2000) requiring cross-referencing to understand the full picture","Layered exception framework — being a reportable offender has multiple carve-outs based on whether a conviction was recorded, the type of sentence, the offender's age, witness protection status, and type of offence","Two distinct order regimes (offender reporting orders and offender prohibition orders) each with their own application processes, appeal pathways, and procedural requirements","Temporary vs final order distinctions with complex timing rules about when orders take effect, expire, and can be extended","Different rules apply depending on whether the respondent is an adult or a child, with child respondents requiring additional reports, safeguards, and involvement of child safety executives","Recognition of interstate and international offences and reporting regimes, with equivalence assessments delegated to regulations","Significant reliance on subordinate legislation (regulations and schedules) to define key terms and categories, meaning the Act alone does not contain the full picture","Multiple amendment rounds (2006, 2008, 2009, 2011, 2014, 2016, 2017, 2018, 2023, 2025) have added complexity and cross-references throughout"],"plain_english_summary":"## What This Law Does\n\nThis Queensland law — the *Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004* — creates a system to monitor and restrict people who have committed sexual or other serious offences against children. It has two main tools:\n\n### 1. 📋 The Child Protection Register (Reporting Obligations)\nIf you are convicted of a \"reportable offence\" (a sexual or serious offence against a child), you become a **\"reportable offender\"** and must:\n- **Register with police** and provide detailed personal information (name, address, employer, vehicles, online usernames, travel plans, etc.)\n- **Keep that information up to date** — you must notify police of changes within set timeframes\n- **Report periodically** in person to police\n- **Report before travelling** interstate or overseas\n\nThe length of time you must comply ranges from **2.5 years to life**, depending on:\n- How serious the offence was\n- How many offences you committed\n- Your age when you offended\n\n### 2. 🚫 Offender Prohibition Orders (OPOs)\nPolice can apply to a court for an order that **restricts what a reportable offender can do**. These orders can:\n- Stop you from going near schools, parks, or other places children gather\n- Stop you from contacting specific people (including children)\n- Restrict where you can live or work\n- Require you to wear an **electronic tracking device (ankle bracelet)**\n- Require you to undergo psychological treatment\n- Last **5 years for adults** and **2 years for children**\n\nTemporary orders can be made quickly (even without your knowledge in urgent cases) while a full hearing is arranged.\n\n### 3. 📢 Public Register\nIn certain circumstances, information about particular offenders can be **published publicly** — a \"name and shame\" style register accessible to the public.\n\n### Who Does This Affect?\n- **Convicted offenders**: Anyone sentenced for a child sex or serious child offence in Queensland (or equivalent offences in other states/countries) can be caught by this law — even for offences committed *before* the law existed (before 2005)\n- **Children who offend**: Young people can also be subject to reporting obligations and prohibition orders, though with additional protections and shorter order periods\n- **Families of offenders**: Prohibition orders can restrict where an offender lives, potentially affecting the whole household\n- **The public**: In some cases, the public can access the register to find out if a known sex offender lives nearby\n\n### Key Points to Know\n- The law applies **retrospectively** — if you were convicted before 2005 and were still in prison or on a supervision order when the law commenced, you're covered\n- Offences committed interstate or overseas can also trigger obligations in Queensland\n- Some exceptions exist — for example, a child who committed a single minor child pornography offence may not be subject to reporting\n- If you're already under a strict supervision order under the *Dangerous Prisoners (Sexual Offenders) Act 2003*, most reporting obligations are paused (except your initial report)\n- Breaching any of these obligations is a **criminal offence**"},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded beyond its original 2004 focus on establishing a child protection register and imposing reporting obligations (outlined in s.3(2)) to incorporate offender prohibition orders (added via 2017 amendments in Pt 3A, allowing conduct bans or positive requirements to reduce child risk), post-DPSOA reportable offenders (s.7A, 2018), public disclosure via a child sex offender register (s.3(2)(g)), and integration with supervision/forensic orders. This broadens it from monitoring to proactive restriction, public notification, and lifelong obligations in some cases."},"complexity_factors":["Extensive defined terms (e.g. reportable offender in s.5 with 8 categories and multiple exceptions, reportable offence in s.9 referencing Schedule 1)","Cross-references to other legislation (Dangerous Prisoners (Sexual Offenders) Act 2003 in ss.4, 7A, 39G; Penalties and Sentences Act 1992; Youth Justice Act 1992; Mental Health Act 2016)","Conditional logic for reporting periods (ss.37-39H: base periods, extensions for parole, reductions for child offenders, life for repeats or DPSOA subjects)","Nested exceptions and special rules (e.g. s.5(2) exclusions for single minor offences, s.9A on reportable contact with incidental daily life examples, s.34 suspensions)","Multiple procedural regimes (reporting orders in Pt 3, prohibition orders in Pt 3A with temporary/final/appeals, modified rules for protected witnesses in Pt 4 Div 9, DNA sampling in Pt 4 Div 5A)","Schedules and frequent amendments (e.g. s.3 amended 6+ times; Schedule 1 for offences; Sch 2 for personal details)"],"plain_english_summary":"**The Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004** protects children by monitoring people who have committed sexual or other serious offences against them. \n\nIt does this by:\n- Creating a **child protection register** where offenders must report personal details (like where they live, work, and travel plans) to police.\n- Requiring ongoing updates, periodic reports, and travel notifications for a set period (from 2½ years to life), based on the number, severity, and timing of offences, plus the offender's age at the time.\n- Allowing courts to issue **prohibition orders** that ban offenders from activities risking children's safety (e.g. contact with kids, being near schools) or require them to do things like wear tracking devices.\n- Permitting public disclosure of some offender information through a public child sex offender register in certain cases.\n\nIt aims to lower reoffending chances, aid police investigations, and safeguard the community. The Act recognises any risk to children's lives or sexual safety is unacceptable. It affects convicted offenders, those under related orders, and corresponding interstate/international offenders, with exemptions for minor cases like unrecorded convictions or single minor child pornography offences by children."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown far beyond its original 2004 purpose of a police-run offender reporting scheme. Key expansions include: (i) introduction of offender prohibition orders (Part 3A) in 2017, allowing courts to impose wide restrictions on conduct, residences, and employment, and to require tracking devices; (ii) addition of the public child sex offender register (Daniel's Law) in 2025, enabling police to publish offender details and disclose information to parents, which fundamentally shifts the scheme from confidential law enforcement to public notification; (iii) the definition of 'reportable offender' now covers broader categories such as corresponding orders, post-DPSOA offenders, and those subject to offender reporting orders; (iv) reporting obligations now include DNA samples, digital device access, and more granular reporting of location changes. These changes significantly expand state powers over individuals and the scope of community disclosure, moving beyond the original focus on police monitoring."},"complexity_factors":["Over 40 defined terms in the dictionary (schedule 5) plus additional definitions scattered through sections","Numerous cross-references to other Acts: Dangerous Prisoners (Sexual Offenders) Act 2003, Mental Health Act 2016, Criminal Code, Penalties and Sentences Act, Youth Justice Act, Police Powers and Responsibilities Act, and more","Multiple layers of exceptions and exclusions in the definition of 'reportable offender' (section 5) and 'reportable contact' (section 9A)","Complex calculation of reporting periods (sections 35–39H) with multiple triggers, extension for parole, and reduced periods for child offenders","Elaborate procedures for making, varying, and appealing offender prohibition orders (Part 3A), including temporary orders, consent orders, and separate divisions for corresponding orders","Conditional logic with nested subsections, examples, and notes that add interpretive complexity","Part 5AA (Daniel's Law) introduces new public disclosure powers with override of human rights and detailed offences, adding another layer of scope and regulatory machinery","Extensive transitional provisions (Part 7) across seven amendment acts, preserving old rules for existing matters","Length: over 1,000 lines of legislation, with many interlocking parts"],"plain_english_summary":"This Queensland law is designed to protect children from sexual and other serious offenders. It requires certain offenders—called 'reportable offenders'—to provide their personal details to the police and keep that information up to date. Details include name, address, employment, vehicle, travel plans, and contact with children. Offenders must report initially when they first become subject to the law, then periodically (usually monthly) for a set period ranging from 2.5 years to life, depending on the severity and number of offences. The law also lets courts issue 'offender prohibition orders' that can restrict where offenders live, work, or go, and can require them to wear tracking devices or undergo treatment. Police can seek temporary orders in emergencies. A public register (called Daniel's Law) allows police to publish personal details of offenders who fail to report or are deemed high risk, and lets parents check whether someone who has unsupervised contact with their child is a reportable offender. Non-compliance can result in up to 5 years in prison. The law applies to offences committed before or after its commencement, and recognises similar orders from other Australian states and territories."}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004","history":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004/history","analysis":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004/analysis","conflicts":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004/conflicts","importantCases":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004/important-cases","documents":"/api/acts/child-protection-offender-reporting-and-offender-prohibition-order-act-2004/documents"}}