{"id":"BILL-TAS-community-protection-offender-reporting-amendment-bill-2025-61-of-2025","name":"Community Protection (Offender Reporting) Amendment Bill 2025","slug":"community-protection-offender-reporting-amendment-bill-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446180,"registerId":"BILL-TAS-community-protection-offender-reporting-amendment-bill-2025-61-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:03.395Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Community Protection (Offender Reporting) Amendment Bill 2025\n\n[Bill 61]-IX\nTASMANIA\n__________\nCOMMUNITY PROTECTION (OFFENDER\nREPORTING) AMENDMENT BILL 2025\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\nPART 2 – COMMUNITY PROTECTION (OFFENDER REPORTING)\nACT 2005 AMENDED\n3. Principal Act\n4. Long title substituted\n5. Section 3 amended (Interpretation)\n6. Section 4A inserted\n4A. Delegation by Commissioner\n7. Section 5 amended (Reportable offenders)\n8. Section 6 substituted\n6. Order requiring registration of adult offender\n6A. Consideration of order relating to child offender\n9. Section 7 amended (Reporting orders for other offences)\n10. Section 9 amended (Magistrate may make reporting order on\napplication from Commissioner)\n11. Section 10 amended (Matters to be taken into account)\n12. Section 10A amended (Magistrate may make community\nprotection order on application from Commissioner)\n\n2\n13. Section 10B amended (Magistrate may make interim community\nprotection order)\n14. Sections 10C and 10D inserted\n10C. Variation, extension and revocation of community\nprotection order\n10D. Reportable offender not to commit further reportable\noffence\n15. Section 11 substituted\n11. Corresponding reportable offenders\n11A. Interaction of orders\n16. Section 13 amended (Class 1 offences)\n17. Section 14 amended (Class 2 offences)\n18. Section 15 amended (Class 3 offences)\n19. Part 2A inserted\nPART 2A – Child-related Services and Disclosure in Relation\nto Charges\n15A. Interpretation of Part\n15B. Reportable offenders excluded from child-related\nservices\n15C. Commissioner may require charged person to make\ndisclosure in relation to child-related services or\nreportable contact\n15D. Disclosure by charged person to employer in relation\nto child-related service\n15E. Commissioner may make disclosure regarding\ncharged person\n20. Section 16 amended (Reporting obligations of reportable\noffenders)\n21. Section 17 amended (Report by reportable offender of personal\ndetails)\n22. Section 18 substituted\n18. Reportable offender to report annually and as\nrequired by the Registrar\n23. Section 19 amended (Intended absence from Tasmania to be\nreported)\n24. Section 20 amended (Where reports must be made)\n25. Section 21 amended (Power to take photographs and carry out\nnon-intimate forensic procedures)\n\n3\n26. Section 23 substituted\n23. Suspension and extension of reporting obligations\n27. Section 23A amended (Application of this Division)\n28. Section 23B amended (Variation of reporting obligations of\nyoung reportable offenders)\n29. Section 23C amended (Suspension of reporting obligations of\nyoung reportable offenders)\n30. Section 24 amended (Length of reporting period)\n31. Section 26 repealed\n32. Section 27A inserted\n27A. Suspension of reporting obligations of reportable\noffenders on Commissioner’s own initiative\n33. Section 30 amended (Commissioner and certain chief executive\nofficers entitled to be parties to proceedings)\n34. Sections 33 and 33A substituted\n33. Failure to comply with obligations\n33A. Failure to comply with community protection order\nor interim community protection order\n35. Section 34 amended (Providing false or misleading information)\n36. Sections 34A and 34B inserted\n34A. Conduct intended to cause harassment of reportable\noffenders or charged persons\n34B. Publication, display and distribution of identifying\ninformation of reportable offender or charged person\n37. Section 37 amended (Courts to provide details of orders to\nCommissioner)\n38. Section 41A inserted\n41A. Access to information of participants in witness\nprotection programs\n39. Section 42 amended (Registrar)\n40. Section 44 amended (Access to Register to be restricted)\n41. Sections 44AA and 44AB inserted\n44AA. Provision of information to corresponding registrar\n44AB. Provision of information to court\n42. Section 44B amended (Provision of information to prescribed\nentities)\n\n4\n43. Section 44C amended (Disclosure of information to child,\nparent, guardian or carer)\n44. Section 44CA inserted\n44CA. Application by child, parent, guardian or carer for\ndisclosure\n45. Sections 44D and 45 substituted\n45. Confidentiality\n46. Section 45AA inserted\n45AA. Power to conduct search of person\n47. Sections 45B and 45C substituted\n45B. Power to arrest without warrant\n45C. Power to enter and search places, premises,\nconveyances and containers, and to search devices\n48. Section 45D amended (Failure to comply with Act)\n49. Sections 47 and 47A substituted\n47. Matters generally to be heard in public\n47A. Publication of personal details of certain reportable\noffenders\n47B. Publication of de-identified information\n50. Section 49A inserted\n49A. Evidence of electronic monitoring device\n51. Section 50A amended (Appeals)\n52. Sections 50B and 50C inserted\n50B. Appeals from Magistrates Court decisions\n50C. Amendment of Schedules by order\n53. Section 51 amended (Regulations)\n54. Section 52A inserted\n52A. Commissioner to review and report on certain\ndisclosures made under Act\n55. Section 54 inserted\n54. Transitional provisions consequent on Community\nProtection (Offender Reporting) Amendment Act\n2025\n56. Schedules 1, 2 and 3 amended\nSCHEDULE 1 – CLASS 1 OFFENCES\nSCHEDULE 2 – CLASS 2 OFFENCES\nSCHEDULE 3 – CLASS 3 OFFENCES\n\n5\nPART 3 – COMMUNITY PROTECTION (OFFENDER REPORTING)\nREGULATIONS 2016 AMENDED\n57. Principal Regulations\n58. Regulation 4 amended (Authorised persons)\n59. Regulation 8 amended (Supervising authorities)\n60. Regulation 8A inserted\n8A. Prescribed offences in respect of child offenders\n61. Regulation 10 amended (Prescribed entities)\nPART 4 – SENTENCING ACT 1997 AMENDED\n62. Principal Act\n63. Section 11A amended (Matters to be taken or not taken into\naccount in sentencing certain sexual offenders)\nPART 5 – CONCLUDING PROVISION\n64. Repeal of Act\n\n6\n\n[Bill 61] 7\nCOMMUNITY PROTECTION (OFFENDER\nREPORTING) AMENDMENT BILL 2025\n(Brought in by the Minister for Police, Fire and Emergency\nManagement, the Honourable Felix Ashton Ellis)\nA BILL FOR\nAn Act to amend the Community Protection (Offender\nReporting) Act 2005, the Community Protection (Offender\nReporting) Regulations 2016 and the Sentencing Act 1997\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Community\nProtection (Offender Reporting) Amendment Act\n2025.\n2. Commencement\nThe provisions of this Act commence on a day\nor days to be proclaimed.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 3 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n8\nPART 2 – COMMUNITY PROTECTION (OFFENDER\nREPORTING) ACT 2005 AMENDED\n3. Principal Act\nIn this Part, the Community Protection (Offender\nReporting) Act 2005* is referred to as the\nPrincipal Act.\n4. Long title substituted\nThe Principal Act is amended by omitting the\nlong title and substituting the following long\ntitle:\nAn Act to protect children, adults and\nthe community from future offending\nby certain offenders who commit\nsexual or other serious offences, by\nrequiring courts to make orders\nspecifying certain offenders to be\nreportable offenders, requiring those\noffenders to keep police informed of\ntheir whereabouts and other personal\ndetails for a period of time and to\nrefrain from engaging in certain work,\nrequiring a Register of collected\ninformation to be kept, establishing an\ninformation disclosure scheme to\nenable the sharing of information\nunder the Act in certain\n_______________________________________________________________\n*No. 61 of 2005\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 5\n9\ncircumstances, and for related\npurposes\n5. Section 3 amended (Interpretation)\nSection 3 of the Principal Act is amended as\nfollows:\n(a) by omitting the definition of authorised\nperson and substituting the following\ndefinitions:\nauthorised person means a prescribed\nperson, or a member of a\nprescribed class of persons;\ncarer has the same meaning as in the\nCarer Recognition Act 2023;\ncharged person means a person who\nhas been charged with a Class 1\noffence, a Class 2 offence or a\nClass 3 offence in respect of\nwhich proceedings have not been\nfinalised, who has been –\n(a) served with a notice to\nappear in court in relation\nto the offence: or\n(b) bailed to appear in\nrelation to the offence; or\n(c) remanded in custody in\nrelation to the offence;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 5 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n10\n(b) by inserting the following definition after\nthe definition of child:\nchild-related service has the same\nmeaning as in the Registration to\nWork with Vulnerable People\nRegulations 2024;\n(c) by inserting the following definition after\nthe definition of government custody:\nguardian has the same meaning as in\nthe Children, Young Persons and\nTheir Families Act 1997;\n(d) by inserting “6A,” after “section 6,” in\nthe definition of offender reporting\norder;\n(e) by inserting the following definition after\nthe definition of offender reporting\norder:\nparent has the same meaning as in the\nChildren, Young Persons and\nTheir Families Act 1997;\n(f) by omitting the definition of personal\ndetails and substituting the following\ndefinition:\npersonal details, in relation to a\nreportable offender or\ncorresponding reportable\noffender, means –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 6\n11\n(a) the details specified in\nsection 17; and\n(b) photographs and digital\nimages in relation to that\noffender;\n(g) by omitting “police officer” from the\ndefinition of Registrar and substituting\n“person”;\n(h) by omitting the definition of reportable\ncontact and substituting the following\ndefinition:\nreportable contact, in relation to\ncontact with a child by a\nreportable offender or charged\nperson, means the contact listed\nin section 17(4);\n(i) by inserting the following definition after\nthe definition of reporting period:\nRWVP Registrar means the Registrar\nappointed under section 11 of the\nRegistration to Work with\nVulnerable People Act 2013;\n6. Section 4A inserted\nAfter section 4 of the Principal Act, the\nfollowing section is inserted in Part 1:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 7 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n12\n4A. Delegation by Commissioner\nThe Commissioner may delegate any of\nthe Commissioner’s powers or functions\nunder this Act, other than this power of\ndelegation, to any one or more of the\nfollowing persons –\n(a) a specified police officer; or\n(b) a specified class of police\nofficers; or\n(c) a person appointed or employed\nunder the State Service Act 2000.\n7. Section 5 amended (Reportable offenders)\nSection 5(1)(b) of the Principal Act is amended\nby omitting “section 6” and substituting “section\n6 or 6A”.\n8. Section 6 substituted\nSection 6 of the Principal Act is repealed and the\nfollowing sections are substituted:\n6. Order requiring registration of adult\noffender\n(1) Subject to subsection (2), if a court\nsentences a person who was not a child at\nthe time of committing the reportable\noffence to which the sentence relates, the\ncourt is to make an order directing that –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 8\n13\n(a) the Registrar cause the name of\nthe person to be placed on the\nRegister; and\n(b) the person comply with all\nobligations under this Act for the\nperiod determined by the court in\naccordance with sections 24 and\n25.\n(2) Despite subsection (1), the court may\nomit to make such an order in the\nfollowing circumstances:\n(a) if the reportable offence is a Class\n1 offence and the court is\nsatisfied that the person does not\npose an unreasonable risk of\ncommitting a reportable offence\nagainst a child, an adult or the\ncommunity;\n(b) if the reportable offence is a Class\n2 offence or a Class 3 offence and\nthe court is satisfied that\nexceptional circumstances exist\nthat indicate that the person does\nnot pose a risk of committing a\nreportable offence against a child,\nan adult or the community.\n(3) In deciding whether exceptional\ncircumstances exist under subsection\n(2)(b), the court is to make paramount\nthe consideration of the safety and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 8 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n14\nprotection of children, adults and the\ncommunity.\n(4) The court is to make the order at the time\nthe person is sentenced for the reportable\noffence.\n(5) For the purposes of subsection (2) and\n(3), it is not necessary that the court be\nable to identify a risk of offending\nagainst a particular person, or particular\npersons, or a particular class of persons.\n6A. Consideration of order relating to child\noffender\n(1) If a court sentences a person who was a\nchild at the time of committing the\nreportable offence to which the sentence\nrelates, the court is to consider making an\norder directing that –\n(a) the Registrar cause the name of\nthe person to be placed on the\nRegister; and\n(b) the person comply with all\nobligations under this Act for the\nperiod determined by the court in\naccordance with sections 24 and\n25.\n(2) A court may make an order in\naccordance with subsection (1) if the\ncourt is satisfied that the person poses an\nunreasonable risk of committing a\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 8\n15\nreportable offence against a child, an\nadult or the community.\n(3) The court must not make an order under\nsubsection (2) in relation to a person\nmerely because the person, who has not\npreviously been convicted of a reportable\noffence, is sentenced as a child for a\nsingle offence (including an equivalent\noffence under the laws of a foreign\njurisdiction) that is an offence prescribed\nto be an offence for the purposes of this\nsubsection.\n(4) The court may make an order under\nsubsection (2) on application from the\nprosecution or on the court’s own\ninitiative.\n(5) Despite subsection (4), if the court does\nnot consider making an order under\nsubsection (2), an application for such an\norder may be made to the court by the\nprosecution, or the Commissioner, within\n6 months after the day on which the\nperson is sentenced for the offence.\n(6) The court may make an order under\nsubsection (2) –\n(a) at the time at which the person is\nsentenced for the reportable\noffence; or\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 9 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n16\n(b) at the time of determining an\napplication made under\nsubsection (5); or\n(c) at a later time, if more time is\nnecessary, in the opinion of the\ncourt, to enable information\nrelating to the matters to be taken\ninto account under section 10 to\nbe presented to the court.\n(7) For the purposes of subsection (2), it is\nnot necessary that the court be able to\nidentify a risk of offending against a\nparticular person, or particular persons,\nor a particular class of persons.\n9. Section 7 amended (Reporting orders for other\noffences)\nSection 7(1) of the Principal Act is amended by\nomitting paragraph (d) and substituting the\nfollowing paragraph:\n(d) the person comply with all obligations\nunder this Act for the period determined\nby the court in accordance with\nsections 24 and 25 –\n10. Section 9 amended (Magistrate may make reporting\norder on application from Commissioner)\nSection 9(1) of the Principal Act is amended by\nomitting “the reporting obligations under this\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 11\n17\nAct” and substituting “all obligations under this\nAct, for the period determined by the magistrate\nin accordance with sections 24 and 25,”.\n11. Section 10 amended (Matters to be taken into\naccount)\nSection 10 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “, 6A” after\n“section 6”;\n(b) by inserting the following paragraphs\nafter paragraph (f) in subsection (1):\n(fa) the offender’s criminal history,\nincluding prior convictions and\nfindings of guilt in respect of\noffences committed in the State\nor elsewhere, and any pattern in\nthe committing of offences\nindicated by that history;\n(fb) any previous offender reporting\norder or previous community\nprotection order in respect of the\noffender;\n(c) by inserting the following subsection\nafter subsection (1):\n(1A) If an offender was a child at the\ntime of committing a reportable\noffence, a court, in deciding","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Community Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 11 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n18\nwhether to make an order under\nsection 6, 6A or 7 in relation to\nthe offence, must take into\naccount the principles specified in\nsection 5 of the Youth Justice Act\n1997.\n(d) by inserting the following paragraphs\nafter paragraph (f) in subsection (2):\n(fa) the offender’s criminal history,\nincluding prior convictions and\nfindings of guilt in respect of\noffences committed in the State\nor elsewhere, and any pattern in\nthe committing of offences\nindicated by that history;\n(fb) any previous offender reporting\norder or previous community\nprotection order in respect of the\noffender;\n(e) by inserting the following subsection\nafter subsection (2):\n(3) If an offender was a child at the\ntime of committing an offence\nreferred to in section 8(a), a\nmagistrate, in deciding whether to\nmake an order under section 9 in\nrelation to the offence, must take\ninto account the principles\nspecified in section 5 of the Youth\nJustice Act 1997.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 12\n19\n12. Section 10A amended (Magistrate may make\ncommunity protection order on application from\nCommissioner)\nSection 10A of the Principal Act is amended as\nfollows:\n(a) by inserting the following paragraph after\nparagraph (c) in subsection (3):\n(ca) the reportable offender accessing\nor using the internet;\n(b) by inserting the following subsections\nafter subsection (3):\n(4) A community protection order\nrelating to a reportable offender\nmade under subsection (2) may,\nfor a period specified in the order\nnot exceeding 12 months, or for\nany further period, specified in\nthe order, that the magistrate\nconsiders reasonably necessary to\nprevent a risk to any child, or\nchildren –\n(a) require the reportable\noffender to submit to\nelectronic monitoring,\nincluding by wearing or\ncarrying an electronic\ndevice; and\n(b) impose a condition that\nthe offender must not\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 12 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n20\nremove, tamper with,\ndamage or disable any\ndevice used for the\npurpose of the electronic\nmonitoring required under\nparagraph (a); and\n(c) impose a condition that\nthe offender must comply\nwith all reasonable and\nlawful directions given to\nthe offender in relation to\nthe electronic monitoring\nrequired under\nparagraph (a).\n(5) A community protection order\nrelating to a reportable offender\nmade under subsection (2) may,\nfor a period specified in the order\nnot exceeding 12 months, or for\nany further period, specified in\nthe order, that the magistrate\nconsiders reasonably necessary to\nprevent a risk to any child, or\nchildren, require the reportable\noffender to surrender, to the\nCommissioner, all valid passports\nheld by the reportable offender.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 13\n21\n13. Section 10B amended (Magistrate may make\ninterim community protection order)\nSection 10B(2) of the Principal Act is amended\nby inserting “, or include a requirement or\nimpose a condition referred to in section 10A(4)\nor (5)” after “section 10A(3)”.\n14. Sections 10C and 10D inserted\nAfter section 10B of the Principal Act, the\nfollowing sections are inserted in Part 2:\n10C. Variation, extension and revocation of\ncommunity protection order\n(1) The Commissioner, or a reportable\noffender in relation to whom a\ncommunity protection order has been\nmade, may at any time apply to a\nmagistrate for a variation, extension or\nrevocation of the community protection\norder.\n(2) An application referred to in\nsubsection (1) may only be made with\nthe leave of the magistrate.\n(3) The magistrate is not to grant leave under\nsubsection (2) unless satisfied that there\nhas been a substantial change in the\nrelevant circumstances since the order\nwas made or last varied.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 15 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n22\n10D. Reportable offender not to commit further\nreportable offence\nIt is an obligation of a reportable\noffender that the reportable offender not\ncommit any further reportable offence\nduring the reporting period in respect of\nthat reportable offender.\n15. Section 11 substituted\nSection 11 of the Principal Act is repealed and\nthe following sections are substituted:\n11. Corresponding reportable offenders\nA corresponding reportable offender is a\nperson who –\n(a) would, if the person were\ncurrently in a foreign jurisdiction,\nbe required to report to the\ncorresponding registrar in that\njurisdiction for a particular\nperiod; or\n(b) falls within a class of persons\nwho are prescribed by the\nregulations to be corresponding\nreportable offenders for the\npurposes of this Act.\n11A. Interaction of orders\nFor the avoidance of doubt, if a\nreportable offender is subject to two or\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 16\n23\nmore orders under this Act, a\ncorresponding Act, or both this Act and a\ncorresponding Act, and there is an\ninconsistency between the conditions or\nobligations of those orders, the most\nrecently made order prevails to the extent\nof the inconsistency.\n16. Section 13 amended (Class 1 offences)\nSection 13 of the Principal Act is amended by\nomitting paragraph (a) and substituting the\nfollowing paragraphs:\n(a) in relation to an offender who is a child\nat the time of the offence, an offence\nagainst a provision listed in Part 1 of\nSchedule 1; or\n(ab) an offence against a provision listed in\nPart 2 of Schedule 1; or\n17. Section 14 amended (Class 2 offences)\nSection 14 of the Principal Act is amended by\nomitting paragraph (a) and substituting the\nfollowing paragraphs:\n(a) in relation to an offender who is an adult\nat the time of the offence, an offence\nagainst a provision listed in Part 1 of\nSchedule 2; or\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 18 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n24\n(ab) in relation to all offenders, an offence\nagainst a provision listed in Part 2 of\nSchedule 2; or\n18. Section 15 amended (Class 3 offences)\nSection 15 of the Principal Act is amended by\nomitting paragraph (a) and substituting the\nfollowing paragraphs:\n(a) in relation to an offender who is an adult\nat the time of the offence, an offence\nagainst a provision listed in Part 1 of\nSchedule 3; or\n(ab) in relation to all offenders, an offence\nagainst a provision listed in Part 2 of\nSchedule 3; or\n19. Part 2A inserted\nAfter section 15 of the Principal Act, the\nfollowing Part is inserted:\nPART 2A – CHILD-RELATED SERVICES AND\nDISCLOSURE IN RELATION TO CHARGES\n15A. Interpretation of Part\nIn this Part –\nemployer has the same meaning as in\nsection 17(3).\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 19\n25\n15B. Reportable offenders excluded from child-\nrelated services\n(1) In this section –\nrelevant reportable offender means a\nreportable offender who –\n(a) is not a child; and\n(b) was not a child at the time of the\ncommission of the offence in\nrespect of which the person is a\nreportable offender.\n(2) A relevant reportable offender must not –\n(a) apply to engage in; or\n(b) engage in –\nthe provision of a child-related service.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(3) It is a defence in proceedings for an\noffence against subsection (2) to prove\nthat the defendant did not know, after\nmaking all inquiries that are reasonable\nin the circumstances, at the time when\nthe offence is alleged to have been\ncommitted, that the service was a child-\nrelated service.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 19 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n26\n15C. Commissioner may require charged person\nto make disclosure in relation to child-\nrelated services or reportable contact\n(1) The Commissioner may give to a\ncharged person, who is not a child, a\nnotice in writing requiring the person to\nprovide to the Commissioner –\n(a) information as to whether or not\nthe person currently engages in\nthe provision of any child-related\nservices, and the nature of those\nservices, within 48 hours of being\ngiven the notice; and\n(b) information, on an ongoing basis,\nabout the nature of any child-\nrelated services that the person\napplies to engage in, or\ncommences engaging in, at any\ntime before proceedings in\nrelation to the offence have been\nfinalised, within 48 hours after so\napplying for, or commencing to\nengage in, the services; and\n(c) information regarding any\nreportable contact that the person\nhas or expects to have with a\nchild.\n(2) A notice under subsection (1) is to be\ngiven to a charged person as soon as\npracticable after the person has been\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 19\n27\ncharged with a reportable offence, but in\nany case before the first court appearance\nof the person in respect of that charge.\n(3) A charged person must comply with a\nnotice given to the person under\nsubsection (1).\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(4) The Commissioner is to give a copy of a\nnotice given under subsection (1) to the\nRWVP Registrar.\n(5) A police officer may make such\nenquiries, in accordance with any\nrelevant guidelines developed under\nsection 44(4A), as the officer thinks\nnecessary to verify information supplied\nin response to a notice given under\nsubsection (1).\n15D. Disclosure by charged person to employer in\nrelation to child-related service\n(1) A charged person, who is not a child and\nwho engages in the provision of a child-\nrelated service, must disclose to the\nperson’s employer that the person has\nbeen charged with a reportable offence\nwithin 3 days after becoming aware that\nthe person has been charged with the\noffence.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 19 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n28\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(2) A charged person, who is not a child and\nwho applies to engage in the provision of\na child-related service, must disclose to\nthe person’s prospective employer that\nthe person has been charged with a\nreportable offence within 3 days after\nbecoming aware that the person has been\ncharged with the offence.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n15E. Commissioner may make disclosure\nregarding charged person\nThe Commissioner may, despite any Act\nor law, and in accordance with any\nrelevant guidelines developed under\nsection 44(4A), in respect of a charged\nperson who is not a child, advise –\n(a) any employer or prospective\nemployer of the person; and\n(b) any parent, guardian or carer of a\nchild with whom the person has,\nor the Commissioner reasonably\nbelieves may have, reportable\ncontact; and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 20\n29\n(c) a child with whom the person\nhas, or the Commissioner\nreasonably believes may have,\nreportable contact, if the\nCommissioner, or the Secretary,\nconsiders on reasonable grounds\nthat such disclosure is in the best\ninterests of the child and is\nnecessary and appropriate for the\npurpose of ensuring the safety\nand wellbeing of the child –\nthat the person has been charged with a\nreportable offence and the details of that\noffence.\n20. Section 16 amended (Reporting obligations of\nreportable offenders)\nSection 16(a) of the Principal Act is amended by\ninserting “, 6A” after “section 6”.\n21. Section 17 amended (Report by reportable offender\nof personal details)\nSection 17 of the Principal Act is amended as\nfollows:\n(a) by inserting the following subsection\nbefore subsection (1):\n(1AA) In this section –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n30\npersonal relationship has the\nsame meaning as in the\nRelationships Act 2003.\n(b) by inserting the following paragraphs\nafter paragraph (c) in subsection (1):\n(ca) the gender or sex of the\nreportable offender –\n(i) as currently registered\nunder the Births, Deaths\nand Marriages\nRegistration Act 1999 or a\ncorresponding law (as\ndefined in section 3 of\nthat Act); or\n(ii) as currently recorded in a\nrecognition certificate\nwithin the meaning of the\nBirths, Deaths and\nMarriages Registration\nAct 1999; or\n(iii) if neither subparagraph (i)\nnor (ii) apply in respect of\nthe reportable offender –\nbeing a gender specified\nin section 3A of the\nBirths, Deaths and\nMarriages Registration\nAct 1999 and currently\nidentified by the\nreportable offender as the\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 21\n31\nreportable offender’s\ngender; and\n(cb) details of each foreign citizenship\nthat the reportable offender holds\n(if any), including the name of\nthe country for which it is held;\nand\n(cc) details of each passport that the\nreportable offender holds (if any),\nincluding its number and expiry\ndate and the name of the country\nthat issued it; and\n(cd) the reportable offender’s postal\naddress for the service of notices\nand documents under this Act;\n(c) by inserting in subsection (1)(d) “, or if\nthe reportable offender does not\ngenerally reside at any particular\npremises, the name of each of the\nlocalities at which the reportable offender\ncan generally be found” after “resides”;\n(d) by inserting the following paragraph after\nparagraph (da) in subsection (1):\n(db) the relationship status of the\nreportable offender, including the\nname and address of any person\nwith whom the reportable\noffender has a personal\nrelationship, or is staying for\nmore than one night at any\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n32\npremises, and the names and ages\nof any children of that person;\nand\n(e) by inserting the following paragraph after\nparagraph (ed) in subsection (1):\n(ee) details of any electronic\nmonitoring to which the\nreportable offender is subject as a\nresult of a sentence, court order\nor community order given or\nmade in this or any other\njurisdiction; and\n(f) by omitting paragraph (ic) from\nsubsection (1) and substituting the\nfollowing paragraph:\n(ic) details of all virtual private\nnetworks (VPNs), email\naccounts, instant messaging\naccounts, chat room identities,\nsocial media accounts, dating or\nnetworking accounts, cloud-based\nservices, vault applications or any\nother account, user name or\nidentity used, or intended to be\nused, by the reportable offender\nthrough the internet or other\nelectronic communication\nservice, along with the programs,\nsoftware and applications with\nwhich these are associated and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 21\n33\nany passwords associated with\neach of these; and\n(g) by inserting in subsection (1)(ie) “, or\ntelecommunications device,” after\n“number”;\n(h) by inserting the following paragraph after\nparagraph (ie) in subsection (1):\n(if) the name of each authorised\ndeposit-taking institution, or other\nprescribed financial service\nprovider, with which the\nreportable offender has an\naccount or dealings; and\n(i) by inserting the following subsection\nafter subsection (1B):\n(1C) A reportable offender must\npresent to the Registrar, or an\nauthorised person, for inspection,\nany working with vulnerable\npeople registration card, provided\nto the reportable offender under\nsection 42 of the Registration to\nWork with Vulnerable People Act\n2013.\n(j) by inserting in subsection (4) “or charged\nperson” after “a reportable offender”;\n(k) by inserting in subsection (4) “or charged\nperson” after “the reportable offender”;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 21 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n34\n(l) by omitting from subsection (4)(d)(ii)\n“oral”;\n(m) by inserting the following subsection\nafter subsection (5):\n(6) If a reportable offender presents a\nworking with vulnerable people\nregistration card to the Registrar\nin accordance with\nsubsection (1C), the Registrar\nmay seize the card and forward it\nto –\n(a) the RWVP Registrar; or\n(b) a person in another\njurisdiction whose\nfunctions in that\njurisdiction most closely\ncorrespond to the\nfunctions of the RWVP\nRegistrar –\nfor the purposes of the RWVP\nRegistrar, or the person –\n(c) checking the validity of\nthe card; and\n(d) reviewing the registration\nto which the card relates.","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Community Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 22\n35\n22. Section 18 substituted\nSection 18 of the Principal Act is repealed and\nthe following section is substituted:\n18. Reportable offender to report annually and\nas required by the Registrar\n(1) A reportable offender must report to the\nRegistrar, and provide the reportable\noffender’s personal details to the\nRegistrar, each year during the calendar\nmonth in which the reportable offender\nfirst reported in accordance with this Act\nor a corresponding Act.\n(2) In addition to the report required under\nsubsection (1), the reportable offender\nmust report to the Registrar, and provide\nthe reportable offender’s personal details\nto the Registrar, at such other times as\ndirected by the Registrar.\n23. Section 19 amended (Intended absence from\nTasmania to be reported)\nSection 19 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (2)(b) “exact,\nif known, or” after “details of the”;\n(b) by inserting the following paragraphs\nafter paragraph (b) in subsection (2):\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 23 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n36\n(ba) a contact mobile phone number,\nor if the reportable offender has\nno mobile phone, a contact phone\nnumber for each address or\nlocation at which the reportable\noffender intends to stay; and\n(bb) the reason for travel; and\n(bc) the intended mode of travel,\nincluding but not limited to –\n(i) the vehicle registration\nnumber of any private\nvehicle in which the\nreportable offender plans\nto travel; and\n(ii) copies of any pre-booked\ntickets for air, land or sea\ntravel; and\n(iii) copies of any bookings\nfor a hire car in which the\nreportable offender plans\nto travel; and\n(c) by inserting the following paragraphs\nafter paragraph (c) in subsection (2):\n(ca) the names and contact details of\nall adult persons with whom the\nreportable offender intends to\ntravel, or reside, at any time\nduring the intended travel; and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 23\n37\n(cb) the name, age and contact details\nof each child with whom the\nreportable offender intends to\ntravel, or reside, at any time\nduring the intended travel; and\n(d) by inserting in subsection (2A)\n“subsequent to travelling internationally”\nafter “Tasmania”;\n(e) by omitting from subsection (3)\n“subsection (2A) must, as soon as\npracticable” and substituting “subsection\n(2) must, within 24 hours after the\nmaking of that decision”;\n(f) by omitting from subsection (4)(a)\n“facsimile or”;\n(g) by inserting the following subsection\nafter subsection (4):\n(5) As soon as practicable after\nreceiving a report under this\nsection in relation to a reportable\noffender’s intention to travel\noutside of Australia, the Registrar\nmust ensure that a copy of the\nreport is given to each of the\nfollowing:\n(a) the Commissioner of the\nAustralian Federal Police;\n(b) the CEO of the Australian\nCriminal Intelligence\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 24 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n38\nCommission established\nby section 7 of the\nAustralian Crime\nCommission Act 2002 of\nthe Commonwealth;\n(c) the Australian Border\nForce Commissioner\nappointed under the\nAustralian Border Force\nAct 2015 of the\nCommonwealth;\n(d) the Minister responsible\nfor the issue of Australian\npassports under the\nAustralian Passports Act\n2005 of the\nCommonwealth.\n24. Section 20 amended (Where reports must be made)\nSection 20(1) of the Principal Act is amended by\ninserting “or in a manner” after “place”.\n25. Section 21 amended (Power to take photographs\nand carry out non-intimate forensic procedures)\nSection 21 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “, subject\nto subsection (4),” after “her body”;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 25\n39\n(b) by inserting the following subsection\nafter subsection (2):\n(2A) A reportable offender must\ncomply with a requirement or\nprocedure under subsection (1),\n(1A) or (2).\nPenalty: Fine not exceeding 200\npenalty units or\nimprisonment for a term\nnot exceeding 2 years, or\nboth.\n(c) by omitting from subsection (3A)\n“officer” and substituting “person”;\n(d) by inserting the following subsection\nafter subsection (7):\n(8) A person authorised to carry out a\nnon-intimate forensic procedure\non a reportable offender may use\nreasonable force –\n(a) to enable the non-intimate\nforensic procedure to be\ncarried out; and\n(b) to prevent the loss,\ndestruction or\ncontamination of any\nforensic material, within\nthe meaning of the\nForensic Procedures Act\n2000, taken as a result of\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 26 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n40\nthe carrying out of the\nnon-intimate forensic\nprocedure.\n26. Section 23 substituted\nSection 23 of the Principal Act is repealed and\nthe following section is substituted:\n23. Suspension and extension of reporting\nobligations\n(1) Reporting obligations imposed on a\nreportable offender by this Part are\nsuspended for any period during which\nthe reportable offender –\n(a) is in government custody; or\n(b) is outside of Australia; or\n(c) is the subject of an order to\nsuspend reporting obligations\nmade under Division 6 (or an\nequivalent order in a foreign\njurisdiction).\n(2) If reporting obligations are suspended\nunder subsection (1)(a) or (b), the period\nduring which a reportable offender’s\nreporting obligations continue is\nextended by the length of time that the\nreportable offender is in government\ncustody or outside of Australia,\nrespectively.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 27\n41\n(3) If a reportable offender is outside of\nTasmania, but within Australia, reporting\nobligations imposed on that reportable\noffender by this Part continue to apply,\nunless the reportable offender is the\nsubject of an order to suspend reporting\nobligations made under Division 6 (or an\nequivalent order in a foreign\njurisdiction).\n27. Section 23A amended (Application of this Division)\nSection 23A of the Principal Act is amended by\ninserting “and a corresponding reportable\noffender who is a child” after “offender”.\n28. Section 23B amended (Variation of reporting\nobligations of young reportable offenders)\nSection 23B(1) of the Principal Act is amended\nby omitting “a” second occurring and\nsubstituting “an unreasonable”.\n29. Section 23C amended (Suspension of reporting\nobligations of young reportable offenders)\nSection 23C(1) of the Principal Act is amended\nby omitting “a” second occurring and\nsubstituting “an unreasonable”.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 30 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n42\n30. Section 24 amended (Length of reporting period)\nSection 24 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “of not less\nthan 3 years and” after “period”;\n(b) by omitting from subsection (1) “been\nsentenced for not more than” and\nsubstituting “only ever been sentenced\nfor”;\n(c) by inserting in subsection (2) “of not less\nthan 8 years and” after “period”;\n(d) by omitting paragraph (a) from\nsubsection (2) and substituting the\nfollowing paragraph:\n(a) has only ever been sentenced for\none Class 2 offence or one Class\n3 offence; or\n(e) by inserting in subsection (2)(b) “ever”\nafter “has”;\n(f) by inserting in subsection (3) “that is not\nless than 15 years” after “period”;\n(g) by omitting paragraph (a) from\nsubsection (3) and substituting the\nfollowing paragraph:\n(a) is a reportable offender in respect\nof an offence –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 31\n43\n(i) specified in section 15(f)\nor (g); or\n(ii) against section 125A of\nthe Criminal Code; or\n(h) by inserting in subsection (3)(b) “ever”\nafter “has”.\n31. Section 26 repealed\nSection 26 of the Principal Act is repealed.\n32. Section 27A inserted\nAfter section 27 of the Principal Act, the\nfollowing section is inserted in Division 6:\n27A. Suspension of reporting obligations of\nreportable offenders on Commissioner’s own\ninitiative\n(1) This section applies –\n(a) to a reportable offender who –\n(i) was a child when they\ncommitted the latest\noffence in relation to\nwhich they are a\nreportable offender; or\n(ii) has a cognitive or\nphysical impairment; or\n(iii) has a mental illness; and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 32 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n44\n(b) if there is a change, after the date\non which the reporting\nobligations were imposed, in the\ncircumstances of the reportable\noffender as the Commissioner\nunderstands them to be.\n(2) The Commissioner may suspend the\nreporting obligations of a reportable\noffender specified in subsection (1) on\nthe Commissioner’s own initiative if\nsatisfied, on reasonable grounds, that the\noffender does not pose an unreasonable\nrisk of offending against a child, an adult\nor the community.\n(3) The Commissioner may revoke a\nsuspension made under this section if the\nCommissioner believes, on reasonable\ngrounds, that the offender poses, or may\npose, an unreasonable risk of offending\nagainst a child, an adult or the\ncommunity.\n(4) If the Commissioner suspends a\nreportable offender’s reporting\nobligations under subsection (2), or\nrevokes such a suspension under\nsubsection (3), the Commissioner must\ngive the reportable offender written\nnotice of the suspension or revocation as\nsoon as is reasonably practicable.\n(5) A suspension under subsection (2), or a\nrevocation of such a suspension under\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 33\n45\nsubsection (3), takes effect when the\nCommissioner gives the notice to the\nreportable offender.\n33. Section 30 amended (Commissioner and certain\nchief executive officers entitled to be parties to\nproceedings)\nSection 30(3) of the Principal Act is amended by\nomitting “the Commissioner” and substituting\n“all relevant authorities”.\n34. Sections 33 and 33A substituted\nSections 33 and 33A of the Principal Act are\nrepealed and the following sections are\nsubstituted:\n33. Failure to comply with obligations\nA reportable offender who, without\nreasonable excuse, fails to comply with\nany obligations imposed on the\nreportable offender under this Act\ncommits an offence.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 3 years, or both.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 35 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n46\n33A. Failure to comply with community\nprotection order or interim community\nprotection order\nA person who, without reasonable\nexcuse, fails to comply with a\ncommunity protection order, or interim\ncommunity protection order, made, and\nin force, in respect of the person commits\nan offence.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 3 years, or both.\n35. Section 34 amended (Providing false or misleading\ninformation)\nSection 34 of the Principal Act is amended by\nomitting the penalty and substituting the\nfollowing penalty:\nPenalty: Fine not exceeding 200 penalty units or\nimprisonment for a term not exceeding 2\nyears, or both.\n36. Sections 34A and 34B inserted\nAfter section 34 of the Principal Act, the\nfollowing sections are inserted in Division 7:\n34A. Conduct intended to cause harassment of\nreportable offenders or charged persons\n(1) In this section –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 36\n47\nharassment means a threat, serious\nand substantial abuse or severe\nridicule;\nidentified person means a reportable\noffender, or a charged person,\nabout whom information is\naccessed or disclosed under this\nAct;\npublic place includes –\n(a) a place to which the\npublic, or any section of\nthe public, has or is\npermitted to have access,\nwhether on payment or\notherwise; and\n(b) a privately owned place to\nwhich the public has\naccess with the express or\nimplied approval of, or\nwithout interference from,\nthe owner, occupier or\nperson who has the\ncontrol or management of\nthe place; and\n(c) a school, university or\nother place of education,\nother than a part of it to\nwhich neither students nor\nthe public usually have\naccess.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 36 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n48\n(2) In subsection (3) –\n(a) reference to conduct includes a\nreference to conduct occurring on\na number of occasions over a\nperiod of time; and\n(b) conduct is taken not to occur in\nprivate if it –\n(i) consists of any form of\ncommunication with the\npublic or a section of the\npublic; or\n(ii) occurs in a public place or\nin sight or hearing of\npeople who are in a public\nplace.\n(3) A person must not engage in any\nconduct, otherwise than in private, by\nwhich the person intends to cause\nharassment of another person who is an\nidentified person on the basis that the\nother person is an identified person.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(4) For the purposes of subsection (3), the\npublic disclosure of information by a\nperson who is a victim or complainant in\nrespect of a reportable offence or alleged\nreportable offence does not of itself\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 36\n49\nconstitute an intention to cause\nharassment if –\n(a) that information is of the victim\nor complainant’s personal\nexperience; and\n(b) the identified person in respect of\nthe information is the perpetrator\nor alleged perpetrator of the\nreportable offence.\n34B. Publication, display and distribution of\nidentifying information of reportable\noffender or charged person\n(1) In this section –\ndisplay means display in or within\nview of a public place, as defined\nin section 34A;\ndistribute means distribute to the\npublic or a section of the public;\nidentifying information means\ninformation accessed or disclosed\nunder this Act, other than\ninformation published by the\nCommissioner under section 47A,\nin respect of a reportable\noffender, or charged person, that\nidentifies that the person –\n(a) is a reportable offender;\nor\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 36 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n50\n(b) has been charged with a\nreportable offence;\npublish means publish to the public or\na section of the public.\n(2) A person must not, without having first\nobtained the written approval of the\nMinister, publish, distribute or display\nany identifying information.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(3) Subsection (2) does not apply to –\n(a) the victim or a complaint in\nrespect of a reportable offence or\nalleged reportable offence who\npublishes, distributes or displays\nidentifying information as part of\ninformation in relation to the\nvictim or complainant’s personal\nexperience of the reportable\noffence or alleged reportable\noffence; or\n(b) a person who publishes,\ndistributes or displays\ninformation in accordance with\nthe provisions of this Act.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 37\n51\n37. Section 37 amended (Courts to provide details of\norders to Commissioner)\nSection 37(3) of the Principal Act is amended by\nomitting “as soon as is practicable” and\nsubstituting “within 7 days”.\n38. Section 41A inserted\nAfter section 41 of the Principal Act, the\nfollowing section is inserted in Division 9:\n41A. Access to information of participants in\nwitness protection programs\nDespite section 44(2), personal\ninformation of a reportable offender to\nwhom this Division applies that is\ncontained in the Register must only be\naccessed by the following persons:\n(a) the Registrar and the staff of the\nRegistrar; and\n(b) a person undertaking duties in\naccordance with the Witness\nProtection Act 2000 that require\naccess to that information for the\npurposes of those duties.\n39. Section 42 amended (Registrar)\nSection 42 of the Principal Act is amended by\nomitting “police officer” and substituting\n“person”.","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Community Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 40 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n52\n40. Section 44 amended (Access to Register to be\nrestricted)\nSection 44 of the Principal Act is amended by\nomitting subsections (1), (2), (3) and (4) and\nsubstituting the following subsections:\n(1) In this section –\nrelevant agency means –\n(a) the Commissioner of the\nAustralian Federal Police; or\n(b) the Commissioner (however\ndesignated) of the police force of\nanother State, or a Territory, or\nanother country; or\n(c) the Australian Criminal\nIntelligence Commission; or\n(d) the Australian Transaction\nReports and Analysis Centre\n(AUSTRAC) continued in\nexistence by the Anti-Money\nLaundering and Counter-\nTerrorism Financing Act 2006 of\nthe Commonwealth; or\n(e) any other government authority\nof the Commonwealth or of this\nor any other State, or of a\nTerritory, responsible for the\nprotection of children or\nreportable offender management.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 40\n53\n(2) The Register, or any part of the Register,\nis only to be accessed by –\n(a) the Commissioner; or\n(b) the Registrar; or\n(c) the staff of the Registrar; or\n(d) a police officer; or\n(e) an employee, within the meaning\nof the State Service Act 2000,\nwho accesses the Register in the\ncourse of the employee’s duties\nfor the purposes of –\n(i) enforcing or\nadministering a law of the\nState, or of another State,\na Territory or the\nCommonwealth; or\n(ii) monitoring compliance\nwith, or investigating a\ncontravention of, a law of\nthe State, or of another\nState, a Territory or the\nCommonwealth; or\n(iii) the administration of\njustice; or\n(f) a person who is authorised to do\nso by the Commissioner.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 40 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n54\n(3) A person, specified in subsection (2)(c),\n(d), (e) or (f) with access to the Register,\nor any part of the Register, must only\ndisclose personal details contained in the\nRegister –\n(a) to a police officer or a relevant\nagency; and\n(b) in accordance with –\n(i) guidelines developed\nunder subsection (4A) by\nthe Commissioner; or\n(ii) a requirement or\nauthorisation by or under\nany written or other law.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(4) If the Commissioner, or Registrar,\ndiscloses personal details in the Register\notherwise than to a police officer or a\nrelevant agency, that disclosure must be\nin accordance with –\n(a) guidelines developed under\nsubsection (4A) by the\nCommissioner; or\n(b) a requirement or authorisation by\nor under any written or other law.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 41\n55\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(4A) The Commissioner is to develop\nguidelines about access to, and the\nverification and disclosure of, personal\ndetails in the Register that ensure that\naccess to the personal information in the\nRegister is restricted to the greatest\nextent possible without interfering with\nthe purpose of the protection of children,\nadults and the community.\n41. Sections 44AA and 44AB inserted\nAfter section 44A of the Principal Act, the\nfollowing sections are inserted in Part 4:\n44AA. Provision of information to corresponding\nregistrar\nThe Registrar may disclose personal\ndetails of a reportable offender from the\nRegister to a corresponding registrar for\nthe purposes of a corresponding Act.\n44AB. Provision of information to court\nUpon the request of a court, the\nCommissioner must disclose the\nfollowing information in relation to a\nperson:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 42 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n56\n(a) whether or not the person is a\nreportable offender;\n(b) if the person is a reportable\noffender, the period and\nconditions of any order made\nunder this Act in relation to the\nreportable offender –\nif the Commissioner is satisfied that –\n(c) the information requested is for\nthe purposes of informing the\ncourt in making orders under the\nChildren, Young Persons and\nTheir Families Act 1997 or the\nFamily Law Act 1975 of the\nCommonwealth; and\n(d) the information requested does\nnot identify any victims of the\nreportable offender other than\nthose in relation to whom the\ncourt is making the orders\nspecified in paragraph (c).\n42. Section 44B amended (Provision of information to\nprescribed entities)\nSection 44B of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1) “, the\nRegistrar or an authorised person” after\n“Commissioner”;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 42\n57\n(b) by omitting from subsection (1) “in\nwriting”;\n(c) by inserting in subsection (1) “, or an\nentity of a class prescribed by the\nregulations to be a class of entities,” after\n“prescribed entity”;\n(d) by omitting from subsection (2) “may”\nand substituting “must”;\n(e) by inserting in subsection (2) “in\naccordance with any relevant guidelines\ndeveloped under section 44(4A) and”\nafter “subsection (1)”;\n(f) by inserting in subsection (2)(a) “the\nprotection of children, adults and the\ncommunity, the management of\nreportable offenders,” after “of”;\n(g) by inserting in subsection (2)(c) “,\nRegistrar or authorised person” after\n“Commissioner”;\n(h) by omitting from subsection (3) “the\nCommissioner” first occurring and\nsubstituting “a person”;\n(i) by omitting from subsection (3)\n“Commissioner” second occurring and\nsubstituting “person”;\n(j) by omitting from subsection (4) “the\nCommissioner” and substituting “a\nperson”.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 43 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n58\n43. Section 44C amended (Disclosure of information to\nchild, parent, guardian or carer)\nSection 44C of the Principal Act is amended as\nfollows:\n(a) by omitting subsection (1) and\nsubstituting the following subsections:\n(1) The Commissioner, or the\nSecretary of the responsible\nDepartment in relation to the\nChildren, Young Persons and\nTheir Families Act 1997, may\ndisclose that a person who has\nreportable contact with a child is\na reportable offender in the\nfollowing circumstances:\n(a) to the parent, guardian or\ncarer of the child, if the\nCommissioner, or the\nSecretary, considers on\nreasonable grounds that it\nis necessary and\nappropriate for the\npurpose of ensuring the\nsafety and wellbeing of a\nchild or children;\n(b) to the child with whom\nthe person has reportable\ncontact, if the\nCommissioner, or the\nSecretary, considers on\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 43\n59\nreasonable grounds that\nsuch disclosure is in the\nbest interests of the child\nand is necessary and\nappropriate for the\npurpose of ensuring the\nsafety and wellbeing of\nthe child.\n(1A) Information may not be disclosed\nunder this section in relation to a\nreportable offender if that\ninformation identifies a victim,\nother than the person to whom the\ninformation is being disclosed, of\na reportable offence committed\nby the reportable offender.\n(b) by inserting in subsection (2) “, or the\nSecretary,” after “subsection (1), the\nCommissioner”;\n(c) by omitting from subsection (2) “parent,\nguardian or carer of a child” and\nsubstituting “person”;\n(d) by inserting in subsection (3) “, or the\nSecretary,” after “Commissioner”;\n(e) by omitting from subsection (3) “parent,\nguardian or carer of a child” and\nsubstituting “person”;\n(f) by omitting from subsection (4) “parent,\nguardian or carer of a child” and\nsubstituting “person”;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 44 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n60\n(g) by omitting from subsection (4) “parent,\nguardian or carer” second occurring and\nsubstituting “person”.\n44. Section 44CA inserted\nAfter section 44C of the Principal Act, the\nfollowing section is inserted in Part 4:\n44CA. Application by child, parent, guardian or\ncarer for disclosure\n(1) A parent, guardian or carer of a child, or\na child, (the applicant) may apply to the\nCommissioner to be informed whether or\nnot a person specified in the application\n(the specified person), other than a\nperson who is a child, is a reportable\noffender.\n(2) An application under subsection (1) –\n(a) must include evidence, to the\nsatisfaction of the Commissioner,\nthat the specified person has, or\nhas had, regular unsupervised\ncontact with a child in respect of\nwhom the applicant is a parent,\nguardian or carer, or to the\napplicant if the applicant is a\nchild; and\n(b) is to be made in a form approved\nby the Commissioner.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 44\n61\n(3) For the purposes of subsection (2)(a), a\nperson does not have regular\nunsupervised contact with a child unless\nthe person has unsupervised contact with\nthe child for at least 3 days (whether\nconsecutive or not) in any period of 12\nmonths.\n(4) On receiving an application in\naccordance with this section, the\nCommissioner may disclose to the\napplicant whether the specified person is\na reportable offender, unless the person\nwas a child when the person committed\nthe latest offence in relation to which the\nperson is a reportable offender.\n(5) Before disclosing information under this\nsection to an applicant who is a child to\nwhom the specified person has, or has\nhad, regular unsupervised contact, the\nCommissioner must be satisfied on\nreasonable grounds that such disclosure\nis in the best interests of the applicant\nand is necessary and appropriate for the\npurpose of ensuring the safety and\nwellbeing of the applicant.\n(6) In disclosing information to an applicant\nunder subsection (4), the Commissioner\nmust inform the applicant, in writing, of\nthe obligation to keep that information\nconfidential in accordance with section\n45.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n62\n(7) Information may not be disclosed under\nthis section in relation to a reportable\noffender if that information identifies a\nvictim, other than the applicant, of a\nreportable offence committed by the\nreportable offender.\n(8) Evidence of whether or not an\napplication has been made under this\nsection is not admissible in any\nproceedings in a court or before a person\nor body authorised to hear and receive\nevidence.\n(9) Subsection (8) does not apply to\nproceedings for an offence under this\nAct.\n45. Sections 44D and 45 substituted\nSections 44D and 45 of the Principal Act are\nrepealed and the following section is substituted:\n45. Confidentiality\n(1) Except as otherwise provided by this\nsection, a person who has access to any\ninformation –\n(a) provided, accessed or disclosed\nunder this Act; or\n(b) contained in the Register –\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 45\n63\nmust not intentionally or recklessly\ndisclose or cause the disclosure of that\ninformation.\nPenalty: Fine not exceeding 100 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(2) Except as otherwise provided by this\nsection –\n(a) a person who is a member of an\nentity, or a member of an entity\nwithin a class of entities,\nprescribed for the purposes of\nsection 44B to whom information\nis provided under that section; or\n(b) a person to whom information is\ndisclosed under section 15E, 44C\nor 44CA –\nmust not –\n(c) give or show a record of the\nprovision or disclosure of that\ninformation to any other person;\nor\n(d) be reckless about whether or not\nany other person can access such\na record.\nPenalty: Fine not exceeding 100 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n64\n(3) A person may disclose information\nspecified in subsection (1) in one or more\nof the following cases:\n(a) as required or authorised by or\nunder any Act or law;\n(b) to a court or tribunal in the course\nof relevant legal proceedings;\n(c) pursuant to an order of a court or\ntribunal;\n(d) to a legal practitioner for the\npurpose of obtaining legal advice\nor representation;\n(e) for the purposes of obtaining\ntherapeutic mental health support\nservices or treatment from a\nperson whose profession or work\nincludes the provision, for fee or\nother reward or on a voluntary\nbasis, of –\n(i) counselling services; or\n(ii) social work services; or\n(iii) medical, psychiatric or\npsychological therapy or\nservices;\n(f) to –\n(i) the Integrity Commission\nestablished under section\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 45\n65\n7 of the Integrity\nCommission Act 2009; or\n(ii) the Ombudsman\nappointed under section 5\nof the Ombudsman Act\n1978; or\n(iii) the Commissioner –\nfor the purposes of an\ninvestigation under the Integrity\nCommission Act 2009, the\nOmbudsman Act 1978, or the\nPolice Service Act 2003,\nrespectively;\n(g) with the written authority of the\nMinister or the person to whom\nthe information relates;\n(h) if the person is a person who has\naccess to the Register under\nsection 44(2) – in the course of\nthe person’s duty;\n(i) if the person is a person who has\naccess to the Register under\nsection 44(2) – for the purposes,\nin this or any other jurisdiction,\nof –\n(i) the protection of children,\nadults and the\ncommunity; or\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 45 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n66\n(ii) law enforcement; or\n(iii) the facilitation of criminal\nproceedings in a court or\ntribunal; or\n(iv) the management of\nreportable offenders;\n(j) if the person is an employer of a\ncharged person or reportable\noffender to whom the information\nrelates – to a person who –\n(i) is a manager or\nsupervisor, within the\norganisation or business\nof the employer; and\n(ii) manages or supervises, or\nproposes to manage or\nsupervise, the person to\nwhom the information\nrelates –\nfor the purpose of managing or\nsupervising the charged person or\nreportable offender to whom the\ninformation relates;\n(k) in other circumstances prescribed\nby the regulations.\n(4) A parent, guardian or carer of a child, to\nwhom information is disclosed under\nsection 15E, 44C or 44CA, may disclose\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 46\n67\nthat information to any other parent,\nguardian or carer of the child for the\npurpose of the protection of the child.\n(5) If a parent, guardian or carer discloses\ninformation under subsection (4), the\nparent, guardian or carer must inform the\nperson to whom the information is\ndisclosed of the obligation to keep that\ninformation confidential in accordance\nwith this section.\n46. Section 45AA inserted\nAfter section 45A of the Principal Act, the\nfollowing section is inserted in Part 5:\n45AA. Power to conduct search of person\nIf a police officer reasonably suspects\nthat a reportable offender is committing,\nor has committed, an offence against this\nAct, the police officer may, without\nwarrant, in a public place or after\nentering a place, premises, conveyance or\ncontainer in accordance with\nsection 45C –\n(a) conduct a frisk search, within the\nmeaning of the Search Warrants\nAct 1997, of the reportable\noffender; and\n(b) search any thing in the possession\nof the reportable offender; and\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 47 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n68\n(c) seize, retain, and conduct an\nexamination (including a forensic\nexamination) of any thing that the\npolice officer reasonably believes\nis evidence that a reportable\noffender is committing, or has\ncommitted, an offence against\nthis Act.\n47. Sections 45B and 45C substituted\nSections 45B and 45C of the Principal Act are\nrepealed and the following sections are\nsubstituted:\n45B. Power to arrest without warrant\nA police officer who suspects on\nreasonable grounds that a person has\ncommitted an offence under this Act may\narrest the person without a warrant.\n45C. Power to enter and search places, premises,\nconveyances and containers, and to search\ndevices\n(1) A police officer may, for the following\npurposes, without warrant, enter into,\nremain on, search and inspect any place,\npremises, conveyance or container, or\nsearch any device, that the police officer\nreasonably believes is being, or has been,\nused by a reportable offender:","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Community Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 47\n69\n(a) to ensure that the reportable\noffender is not committing, or has\nnot committed, a reportable\noffence or an offence against this\nAct;\n(b) to verify any personal details\nreported by the reportable\noffender.\n(2) Before entering premises under\nsubsection (1), a police officer must\ncommunicate to, or attempt to\ncommunicate to, a reportable offender\nwithin the premises the police officer’s\nauthority to enter the premises, unless the\npolice officer reasonably believes that\ncommunicating or attempting to\ncommunicate with the reportable\noffender would be likely to endanger any\nperson or lead to the loss or destruction\nof evidence in relation to the commission\nof a reportable offence or an offence\nagainst this Act.\n(3) In entering into, remaining on, searching\nand inspecting any place, premises,\nconveyance, container or device under\nsubsection (1), a police officer may\nexercise all or any of the following\npowers:\n(a) use any force as is reasonably\nnecessary;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 47 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n70\n(b) inspect, take copies of or seize\nany records, documents or other\nthings that the police officer\nconsiders relevant that are kept at,\nor in, the place, premises,\nconveyance or container;\n(c) break open and search any\ncupboards, drawers, chests,\ntrunks, boxes, packages or other\nthings, whether fixtures or not;\n(d) require any conveyance to be\nstopped;\n(e) inspect any computer, mobile\ntelephone or device capable of\nstoring electronic data;\n(f) seize, retain, conduct an\nexamination (including a forensic\nexamination) of or remove from\nthe place, premises, conveyance\nor container any thing that the\npolice officer reasonably believes\nis, or may contain, evidence of\nthe commission of a reportable\noffence, or an offence against this\nAct, by the reportable offender.\n(4) A reportable offender must allow a\npolice officer to enter into, remain on,\nsearch and inspect any place, premises,\nconveyance, container or device for the\npurposes of this section and must\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 47\n71\ncooperate with the police officer with\nrespect to that entry, search and\ninspection.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(5) If a reportable offender is aware that, in\norder to gain access to data stored on a\ncomputer, mobile telephone or other\ndevice being inspected or removed by a\npolice officer under this section, it is\nnecessary to enter any password, code or\nother information, or to perform any\nfunction in relation to the data, he or she\nmust provide the police officer with that\npassword, code or information or assist\nthe police officer in performing that\nfunction.\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(6) This section does not authorise the entry\ninto any part of a place that is being used\nsolely for residential purposes by a\nperson other than a reportable offender,\nexcept –\n(a) with the consent of that person; or\n(b) under the authority of a search\nwarrant.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 48 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n72\n48. Section 45D amended (Failure to comply with Act)\nSection 45D of the Principal Act is amended as\nfollows:\n(a) by omitting the penalty from subsection\n(1) and substituting the following\npenalty:\nPenalty: Fine not exceeding 200 penalty\nunits or imprisonment for a term\nnot exceeding 2 years, or both.\n(b) by omitting subsection (2).\n49. Sections 47 and 47A substituted\nSections 47 and 47A of the Principal Act are\nrepealed and the following sections are\nsubstituted:\n47. Matters generally to be heard in public\nProceedings in relation to any matter\nunder this Act must be heard in open\ncourt unless –\n(a) the matter involves a reportable\noffender to whom Division 9\napplies; or\n(b) the court determines otherwise.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 50\n73\n47A. Publication of personal details of certain\nreportable offenders\n(1) This section does not apply to a young\nreportable offender or corresponding\nreportable offender who is a child.\n(2) The Commissioner may publish any or\nall of the personal details of a reportable\noffender, or a corresponding reportable\noffender, if the reportable offender’s or\ncorresponding reportable offender’s\nwhereabouts are not known to the\nCommissioner.\n47B. Publication of de-identified information\nThe Commissioner may publish\ninformation collected or accessed for the\npurposes of this Act, and information\nproduced from analysis of that\ninformation, provided that –\n(a) no person can be identified from\nthe information; and\n(b) the publication of that\ninformation is for the purpose of\nreporting on the operation and\neffectiveness of this Act.\n50. Section 49A inserted\nAfter section 49 of the Principal Act, the\nfollowing section is inserted in Part 5:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 51 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n74\n49A. Evidence of electronic monitoring device\n(1) If a reportable offender is required to\nsubmit to electronic monitoring under\nthis Act, information collected as a result\nof that electronic monitoring –\n(a) must be provided to the\nCommissioner; and\n(b) may be used as evidence in\nproceedings under this or any\nother Act.\n(2) If a person who is a reportable offender\nunder this Act is required to submit to\nelectronic monitoring under another Act,\ninformation collected as a result of that\nelectronic monitoring may be –\n(a) provided to the Commissioner;\nand\n(b) used as evidence in proceedings\nunder this Act.\n51. Section 50A amended (Appeals)\nSection 50A(2) of the Principal Act is amended\nby inserting “, within 28 days after the making of\nthe order,” after “be made”.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 52\n75\n52. Sections 50B and 50C inserted\nAfter section 50A of the Principal Act, the\nfollowing sections are inserted in Part 5:\n50B. Appeals from Magistrates Court decisions\n(1) The following decisions of a magistrate\nmay be appealed to the Supreme Court:\n(a) a decision to make an offender\nreporting order or community\nprotection order;\n(b) a decision not to make an\noffender reporting order or\ncommunity protection order, or a\nfailure to make such an order.\n(2) An appeal made under subsection (1)(a)\nmay be made, within 28 days after the\nmaking of the order, by the prosecution\nor the person against whom the order has\nbeen made.\n(3) On an appeal made under\nsubsection (1)(a), the Supreme Court\nmay affirm, quash or vary the order in\nrespect of which the appeal is made.\n(4) An appeal made under subsection (1)(b)\nmay be made, within 28 days after the\ngiving of the sentence to which the order\nwould relate, by the prosecution.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 52 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n76\n(5) On an appeal made under\nsubsection (1)(b), the Supreme Court\nmay –\n(a) affirm that an offender reporting\norder or community protection\norder not be made; or\n(b) make such an order.\n(6) Nothing in this section restricts or affects\nany right of appeal that a person would\nhave apart from this section.\n50C. Amendment of Schedules by order\n(1) In this section –\nitem means a heading, enactment or\ndescription of an offence\ncontained in Schedule 1, 2 or 3.\n(2) The Governor may, by order, amend\nSchedule 1, 2 or 3 by doing one or more\nof the following:\n(a) inserting an item in, or omitting\nan item from, the Schedule;\n(b) omitting an item from a Schedule\nand substituting another item;\n(c) amending an item appearing in\nany of the Schedules;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 53\n77\n(d) omitting all or any of those\nSchedules and substituting a new\nSchedule or Schedules.\n(3) An order made under this section is a\nstatutory rule for the purposes of the\nRules Publication Act 1953.\n(4) The provisions of sections 47(3), (3A),\n(4), (5), (6) and (7) of the Acts\nInterpretation Act 1931 apply to an order\nunder this section as if the order were\nregulations within the meaning of that\nAct.\n53. Section 51 amended (Regulations)\nSection 51 of the Principal Act is amended by\ninserting after subsection (3) the following\nsubsection:\n(4) The amendment by an Act of regulations\nmade for the purposes of this Act does\nnot bar their subsequent amendment or\nrepeal by regulation.\n54. Section 52A inserted\nAfter section 52 of the Principal Act, the\nfollowing section is inserted in Part 5:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 54 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n78\n52A. Commissioner to review and report on\ncertain disclosures made under Act\n(1) The Commissioner must carry out the\nfollowing reviews:\n(a) within 18 months after the\ncommencement of section 44 of\nthe Community Protection\n(Offender Reporting) Amendment\nAct 2025 – a review relating to\nthe first 12 months of the\noperation of section 44CA of this\nAct;\n(b) within 6 months after the fifth\nanniversary of the\ncommencement of section 44 of\nthe Community Protection\n(Offender Reporting) Amendment\nAct 2025 – a review relating to\nthe first 5 years of the operation\nof section 44CA of this Act.\n(2) A review under subsection (1) must\ninclude, but is not limited to, the\nfollowing matters:\n(a) the number of applications made\nunder section 44CA;\n(b) the number of disclosures made\nin respect of applications made\nunder section 44CA;\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 55\n79\n(c) the number of charges laid in\nrespect of an offence under\nsection 34A or 34B in relation to\ninformation disclosed under\nsection 44CA.\n(3) In carrying out a review under subsection\n(1), the Commissioner is to consult with,\nand take into consideration the views and\nopinions of, all persons and bodies who\nthe Commissioner considers to be\nrelevant to, or qualified to assess, the\noperation and effectiveness of section\n44CA.\n(4) The Commissioner must –\n(a) prepare a report based on each of\nthe reviews carried out under\nsubsection (1); and\n(b) within 6 months after each review\nis completed, cause the relevant\nreport to be laid before each\nHouse of Parliament.\n55. Section 54 inserted\nAfter section 53 of the Principal Act, the\nfollowing section is inserted in Part 5:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 55 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n80\n54. Transitional provisions consequent on\nCommunity Protection (Offender Reporting)\nAmendment Act 2025\n(1) Section 6, as in force immediately before\nthe commencement of section 8 of the\nCommunity Protection (Offender\nReporting) Amendment Act 2025, applies\nto an order made under this Act that is in\nforce on the day on which that section\ncommences.\n(2) Section 13, as in force immediately\nbefore the commencement of section 16\nof the Community Protection (Offender\nReporting) Amendment Act 2025, applies\nto an order made under this Act that is in\nforce on the day on which that section\ncommences.\n(3) Section 14, as in force immediately\nbefore the commencement of section 17\nof the Community Protection (Offender\nReporting) Amendment Act 2025, applies\nto an order made under this Act that is in\nforce on the day on which that section\ncommences.\n(4) Section 15, as in force immediately\nbefore the commencement of section 18\nof the Community Protection (Offender\nReporting) Amendment Act 2025, applies\nto an order made under this Act that is in\nforce on the day on which that section\ncommences.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n81\n(5) Section 24, as in force immediately\nbefore the commencement of section 30\nof the Community Protection (Offender\nReporting) Amendment Act 2025, applies\nto an order made under this Act that is in\nforce on the day on which that section\ncommences.\n(6) For the avoidance of doubt, amendments\nto Schedules 1, 2 and 3 made by section\n56 of the Community Protection\n(Offender Reporting) Amendment Act\n2025 do not affect the validity, or terms,\nof any order made under this Act that is\nin force on the day on which that section\ncommences.\n56. Schedules 1, 2 and 3 amended\nSchedules 1, 2 and 3 to the Principal Act are\nrepealed and the following Schedules are\nsubstituted:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n82\nSCHEDULE 1 – CLASS 1 OFFENCES\nSection 13\nPART 1 – CLASS 1 OFFENCES – CHILD OFFENDER\nProvision Description of offence\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 72A(a) Make or reproduce child exploitation\nmaterial\nSection 72A(b) Cause or permit child exploitation\nmaterial to be made or reproduced\nSection 72A(c) Be involved in the making or\nreproduction of child exploitation\nmaterial\nSection 73A Distributing child exploitation\nmaterial or facilitating the distribution\nof child exploitation material\nCriminal Code\nSection 130A Producing child exploitation material\nSection 130B(1) Distributing child exploitation\nmaterial\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n83\nProvision Description of offence\nCriminal Code Act\n1995 of the\nCommonwealth\nSection 273.6 Possessing, controlling, producing,\ndistributing or obtaining child abuse\nmaterial outside Australia\nSection 471.20 Possessing, controlling, producing,\nsupplying or obtaining child abuse\nmaterial for use through a postal or\nsimilar service\nSection 474.23 Possessing, controlling, producing,\nsupplying or obtaining child abuse\nmaterial for use through a carriage\nservice\nPART 2 – CLASS 1 OFFENCES – ALL OFFENDERS\nProvision Description of offence\nChildren, Young\nPersons and Their\nFamilies Act 1997\nSection 91 Fail to protect child from harm\nSection 95 Harbour or conceal a child, &c.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n84\nProvision Description of offence\nSection 96 Remove, counsel or induce child to\nbe absent without lawful authority,\n&c.\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 74 Possessing bestiality product\nSection 74A(a) Possessing child exploitation\nmaterial\nSection 74A(b) Accessing, or attempting to access,\nchild exploitation material\nCommunity Protection\n(Offender Reporting)\nAct 2005\nSection 15B(2)(a) Apply to engage in provision of\nchild-related service\nSection 15B(2)(b) Engage in provision of child-related\nservice\nSection 15C Fail to comply with notice to\ndisclose\nSection 15D(1) Fail to disclose charge to employer\nSection 15D(2) Fail to disclose charge to prospective\nemployer\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n85\nProvision Description of offence\nSection 21(2A) Fail to comply with requirement to\nbe photographed or undergo non-\nintimate forensic procedure\nSection 33 Fail to comply with obligations\nSection 33A Fail to comply with community\nprotection order or interim\ncommunity protection order\nSection 34 Provide false or misleading\ninformation\nSection 45D Fail to comply with Act\nCriminal Code\nSection 105A(2) Failing to report the abuse of a child\nSection 125D(3) Grooming with intent to expose a\nchild [or young person] to indecent\nmaterial\nSection 130C Possessing child exploitation\nmaterial\nSection 130D Accessing child exploitation\nmaterial\nSection 137 Indecency\nSection 138 Exhibiting obscene matter\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n86\nProvision Description of offence\nCriminal Code Act\n1995 of the\nCommonwealth\nSection 273A.1 Possession of child-like sex dolls\n&c.\nSection 273B.4 Fail to protect child at risk of child\nsexual abuse offence\nSection 273B.5(1) Fail to report child sexual abuse\noffence – reasonable belief\nSection 273B.5(2) Fail to report child sexual abuse\noffence – reasonable suspicion\nSection 471.19 Using a postal or similar service for\nchild abuse material\nSection 471.24 Using a postal or similar service to\nprocure persons under 16\nSection 471.25 Using a postal or similar service to\n“groom” persons under 16\nSection 471.25A(1) Using a postal or similar service to\n“groom” persons under 16 –\nprocurement for sender\nSection 471.25A(2) Using a postal or similar service to\n“groom” persons under 16 –\nprocurement for another person","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Community Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n87\nProvision Description of offence\nSection 471.25A(3) Using a postal or similar service to\n“groom” persons under 16 –\nprocurement for sexual activity in\npresence of sender or another person\nSection 471.26 Using a postal or similar service to\nsend indecent material to person\nunder 16\nSection 474.22 Using a carriage service for child\nabuse material\nSection 474.22A Possessing or controlling child abuse\nmaterial obtained or accessed using\na carriage service\nSection 474.23A Conduct for the purposes of\nelectronic service used for child\nabuse material\nSection 474.25A Using a carriage service for sexual\nactivity with person under 16 years\nof age\nSection 474.25C Using a carriage service to prepare\nor plan to cause harm to, engage in\nsexual activity with, or procure for\nsexual activity, persons under 16\nyears of age\nSection 474.26 Using a carriage service to procure\npersons under 16 years of age\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n88\nProvision Description of offence\nSection 474.27 Using a carriage service to “groom”\npersons under 16 years of age\nSection 474.27AA(1) Using a carriage service to “groom”\nanother person to make it easier to\nprocure persons under 16 years of\nage – procurement for sender\nSection 474.27AA(2) Using a carriage service to “groom”\nanother person to make it easier to\nprocure persons under 16 years of\nage – procurement for another\nperson\nSection 474.27AA(3) Using a carriage service to “groom”\nanother person to make it easier to\nprocure persons under 16 years of\nage – procurement for sexual\nactivity in presence of sender or\nanother person\nSection 474.27A Using a carriage service to transmit\nindecent communication to person\nunder 16 years of age\nCustoms Act 1901 of\nthe Commonwealth\nSection 233BAB Special offences relating to tier 2\ngoods (if the offence involves items\nof child abuse material)\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n89\nProvision Description of offence\nPolice Offences Act\n1935\nSection 7A Loitering near children\nSection 8(1A)(a) Wilful and obscene exposing of\nperson\nSection 13A(1) Observation or recording in breach\nof privacy – private place or private\nact\nSection 13A(2) Observation or recording in breach\nof privacy – genital or anal region\nSection 13B Publishing or distributing prohibited\nvisual recording\nSection 13C Possession of prohibited visual\nrecording\nSection 21 Indecent or offensive action or\nbehaviour\nSection 35(3) Assault with indecent intent\nSex Industry Offences\nAct 2005\nSection 11(1) Permitting child on premises while\nsexual services are being provided –\nsex worker\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n90\nProvision Description of offence\nSection 11(2) Permitting child on premises while\nsexual services are being provided –\nperson receiving sexual services\nSCHEDULE 2 – CLASS 2 OFFENCES\nSection 14\nPART 1 – CLASS 2 OFFENCES – ADULT OFFENDER\nProvision Description of offence\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 73A Distributing child exploitation\nmaterial or facilitating the distribution\nof child exploitation material\nCriminal Code Act\n1995 of the\nCommonwealth\nSection 273.6 Possessing, controlling, producing,\ndistributing or obtaining child abuse\nmaterial outside Australia\nSection 471.20 Possessing, controlling, producing,\nsupplying or obtaining child abuse\nmaterial for use through a postal or\nsimilar service\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n91\nProvision Description of offence\nSection 474.23 Possessing, controlling, producing,\nsupplying or obtaining child abuse\nmaterial for use through a carriage\nservice\nPART 2 – CLASS 2 OFFENCES –ALL OFFENDERS\nProvision Description of offence\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 72 Make or produce bestiality product\nCriminal Code\nSection 122 Bestiality\nSection 125(a) Permit penetrative sexual abuse of\nchild [or young person] on premises\n– owner or occupier\nSection 125(b) Permit penetrative sexual abuse of\nchild [or young person] on premises\n– manager or controller\nSection 125B Indecent act with or directed at a\nchild [or young person]\nSection 125C(3) Procuring a child [or young person]\nfor indecent act\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n92\nProvision Description of offence\nSection 125E(2) Fail by a person in authority to\nprotect a child from a sexual offence\nSection 127(1) Indecent assault\nSection 130B(1) Distributing child exploitation\nmaterial\nSection 133(1) Incest\nSection 133(2) Permitting incest\nSection 139(b) Interfering (indecently) with human\nremains\nSection 169 Administering a drug with intent to\nfacilitate the commission of an\noffence [or the flight of an offender].\nSection 170A Persistent family violence (the\ncommission of which involved an\nunlawful family violence act\ninvolving an offence against another\nprovision listed in this Schedule)\nSection 178 Ill-treating a child\nSection 186(1) Forcible abduction\nSection 186(2) Abduction\nSection 189 Abduction of a young person under\nthe age of 17 years\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n93\nProvision Description of offence\nSection 192(1) Stalking and bullying (if the person\nagainst whom the offence is\ncommitted is a child)\nCriminal Code Act\n1995 of the\nCommonwealth\nSection 272.15 “Grooming” child to engage in\nsexual activity outside Australia\nSection 272.20 Preparing for or planning offence\nagainst this Division\nSex Industry Offences\nAct 2005\nSection 7(1)(a) Intimidating, assaulting or\nthreatening to assault a sex worker\nSection 7(2)(a) Intimidating, assaulting or\nthreatening to assault person to\ninduce provision of sexual services\nor fee or reward derived from\nprovision of sexual services\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n94\nSCHEDULE 3 – CLASS 3 OFFENCES\nSection 15\nPART 1 – CLASS 3 OFFENCES – ADULT OFFENDER\nProvision Description of offence\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 72A(a) Make or reproduce child\nexploitation material\nSection 72A(b) Cause or permit child exploitation\nmaterial to be made or reproduced\nSection 72A(c) Be involved in the making or\nreproduction of child exploitation\nmaterial\nPART 2 – CLASS 3 OFFENCES – ALL OFFENDERS\nProvision Description of offence\nClassification\n(Publications, Films\nand Computer Games)\nEnforcement Act 1995\nSection 73 Procuring, or inviting or attempting\nto procure, child to be involved in\nmaking child exploitation material\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n95\nProvision Description of offence\nCriminal Code\nSection 124 Penetrative sexual abuse of a child\n[or young person]\nSection 124A Penetrative sexual abuse of a child\n[or young person] by a person in a\nposition of authority\nSection 126 Penetrative sexual abuse of a person\nwith a mental impairment\nSection 130A Producing child exploitation\nmaterial\nSection 170A Persistent family violence (the\ncommission of which involved an\nunlawful family violence act\ninvolving an offence against another\nprovision listed in Schedule 1, 2 or\n3)\nCriminal Code Act\n1995 of the\nCommonwealth\nSection 271.4 Trafficking in children\nSection 271.7 Domestic trafficking in children\nSection 272.8 Sexual intercourse with a child\noutside Australia\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n96\nProvision Description of offence\nSection 272.9 Sexual activity (other than sexual\nintercourse) with a child outside\nAustralia\nSection 272.10 Aggravated offence – child with\nmental impairment or under care,\nsupervision or authority of defendant\nSection 272.11 Persistent sexual abuse of child\noutside Australia\nSection 272.12 Sexual intercourse with young\nperson outside Australia – defendant\nin position of trust or authority\nSection 272.13 Sexual activity (other than sexual\nintercourse) with young person\noutside Australia – defendant in\nposition of trust or authority\nSection 272.14 Procuring child to engage in sexual\nactivity outside Australia\nSection 272.18 Benefiting from offence against this\nDivision\nSection 272.19 Encouraging offence against this\nDivision\nSection 273.7 Aggravated offence – offence\ninvolving conduct on 3 or more\noccasions and 2 or more people\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n97\nProvision Description of offence\nSection 471.22 Aggravated offence – offence\ninvolving conduct on 3 or more\noccasions and 2 or more people\nSection 474.24A Aggravated offence – offence\ninvolving conduct on 3 or more\noccasions and 2 or more people\nSection 474.25B Aggravated offence – child with\nmental impairment or under care,\nsupervision or authority of defendant\nCriminal Code\nSection 125A Persistent sexual abuse of a child [or\nyoung person]\nSection 125C(2) Procuring a child [or young person]\nfor penetrative sexual abuse\nSection 125D(1) Grooming with intent to procure a\nchild [or young person] for sexual\nabuse\nSection 129(a) Procuring a person for penetrative\nsexual abuse by threats\nSection 129(b) Procuring a person for penetrative\nsexual abuse by fraud\nSection 130 Involving a person under the age of\n18 years in the production of child\nexploitation material\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 56 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended\n98\nProvision Description of offence\nSection 165A Infanticide\nSection 169 Administering a drug with intent to\nfacilitate the commission of an\noffence [or the flight of an offender]\n(if the person against whom the\noffence is committed is a child)\nSection 178A Performing female genital mutilation\nSection 178B Removal of child for performance of\nfemale genital mutilation\nSection 185 Rape\nSection 191(1) Abduction of a child\nSection 191(2) Harbouring an abducted child\nSection 191A(a) Kidnapping\nSex Industry Offences\nAct 2005\nSection 7(1)(d) Administering to a sex worker, or\ncausing a sex worker to take, any\ndrug or other substance with the\nintent to stupefy or overpower that\nsex worker\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 56\n99\nProvision Description of offence\nSection 7(2)(d) Administer to a person, or cause a\nperson to take, any drug or other\nsubstance with the intent to stupefy\nor overpower that person to induce\nprovision of sexual services or fee or\nreward derived from provision of\nsexual services\nSection 8(2) Accosting a child\nSection 9(1) Procuring, or otherwise causing or\npermitting, a child to provide sexual\nservices in a sexual services business\nSection 9(2) Receiving a fee or reward from\nsexual services provided by a child\nin a sexual services business\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 57 Part 3 – Community Protection (Offender Reporting) Regulations 2016\nAmended\n100\nPART 3 – COMMUNITY PROTECTION (OFFENDER\nREPORTING) REGULATIONS 2016 AMENDED\n57. Principal Regulations\nIn this Part, the Community Protection (Offender\nReporting) Regulations 2016* are referred to as\nthe Principal Regulations.\n58. Regulation 4 amended (Authorised persons)\nRegulation 4 of the Principal Regulations is\namended as follows:\n(a) by omitting “classes of police officers”\nand substituting “persons and classes of\npersons”;\n(b) by inserting in paragraph (d) “, and State\nService employees,” after “officers”.\n59. Regulation 8 amended (Supervising authorities)\nRegulation 8 of the Principal Regulations is\namended by omitting “Chief Forensic\nPsychiatrist” from column 2 of item 1 in the\ntable and substituting “Chief Psychiatrist”.\n_______________________________________________________________\n*S.R. 2016, No. 1\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 3 – Community Protection (Offender Reporting) Regulations 2016\nAmended\ns. 60\n101\n60. Regulation 8A inserted\nAfter regulation 8 of the Principal Regulations,\nthe following regulation is inserted:\n8A. Prescribed offences in respect of child\noffenders\nFor the purposes of section 6A(3) of the\nAct, the following offences are\nprescribed offences:\n(a) sections 72A(a), (b), (c), 73A and\n74A(a) of the Classification\n(Publications, Films and\nComputer Games) Enforcement\nAct 1995;\n(b) sections 130A, 130B and 130C of\nthe Criminal Code;\n(c) sections 8(1A), 21 and 35(3) of\nthe Police Offences Act 1935;\n(d) sections 273.6, 471.20, 474.22A\nand 474.23 of the Criminal Code\n1995 of the Commonwealth.\n61. Regulation 10 amended (Prescribed entities)\nRegulation 10 of the Principal Regulations is\namended as follows:\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 61 Part 3 – Community Protection (Offender Reporting) Regulations 2016\nAmended\n102\n(a) by omitting from paragraph (a) “of\nEducation” and substituting “for\nEducation, Children, and Young People”;\n(b) by omitting from paragraph (b)\n“Communities Tasmania” and\nsubstituting “Health”;\n(c) by omitting from paragraph (c) “Justice.”\nand substituting “Justice;”;\n(d) by inserting the following paragraphs\nafter paragraph (c):\n(d) the Department of Premier and\nCabinet;\n(e) Homes Tasmania;\n(f) a government authority of the\nCommonwealth, or of this or any\nother State or of a Territory,\nresponsible for the protection of\nchildren or reportable offender\nmanagement.\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\nPart 4 – Sentencing Act 1997 Amended s. 62\n103\nPART 4 – SENTENCING ACT 1997 AMENDED\n62. Principal Act\nIn this Part, the Sentencing Act 1997* is referred\nto as the Principal Act.\n63. Section 11A amended (Matters to be taken or not\ntaken into account in sentencing certain sexual\noffenders)\nSection 11A(1) of the Principal Act is amended\nby inserting after paragraph (i) in the definition\nof aggravating circumstance the following\nparagraph:\n(j) the offender, at the time of the\ncommission of the offence, being a\nreportable offender within the meaning\nof the Community Protection (Offender\nReporting) Act 2005;\n_______________________________________________________________\n*No. 59 of 1997\n\nCommunity Protection (Offender Reporting) Amendment\nAct 2025\nAct No. of 2025\ns. 64 Part 5 – Concluding provision\n104\nPART 5 – CONCLUDING PROVISION\n64. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which the last uncommenced\nprovision of this Act commenced.\nGovernment Printer, Tasmania","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Bill materially expands the original Act from a regime mainly regulating convicted 'reportable offenders' and their reporting obligations to a broader preventive and disclosure regime. Key scope increases include: (1) bringing charged but not finally dealt with persons into duties and potential disclosure to employers and parents (Part 2A: ss.15C–15E); (2) expanding the Register and the nature of personal information required (s.17), including digital account lists and passport/foreign‑citizenship details; (3) adding new preventive powers—electronic monitoring and passport surrender (s.10A(4)–(5)); (4) widening search, seizure and compelled access powers for police (ss.45B–45C); (5) substantially widening who may access or receive disclosure from the Register, including Commonwealth agencies (s.44); and (6) introducing criminal offences restricting third‑party publication and harassment (ss.34A–34B). These changes move the Act beyond a post‑conviction reporting framework into a more assertive preventive, investigatory and inter‑agency disclosure regime with both pre‑trial obligations and stronger enforcement tools."},"complexity_factors":["Substantial rewrite: dozens of sections substituted, inserted or repealed across the Principal Act (Parts 2 and 2A add many new sections, including 4A, 6, 6A, 10C–10D, 11A, 15A–15E, 18, 23, 27A, 33A, 34A–34B, 41A, 44AA–44AB, 45AA, 45B–45C, 49A, 50B–50C, 52A, 54).","Large number of defined terms added or changed (e.g. charged person, child‑related service, personal details expanded to include passports, foreign citizenship, detailed online account lists, relationship status) (see s.5, s.17).","Extensive cross‑references to other Acts and authorities (Registration to Work with Vulnerable People Act 2013/Regulations 2024; Youth Justice Act 1997; Witness Protection Act 2000; Commonwealth statutes and agencies such as AFP, ABF, ACIC, AUSTRAC) (multiple sections: 15A–15E, 10A, 23(5), 41A, 44, 61).","Nested discretion and conditions: court discretion (s.6(2)–(3), s.6A), Commissioner discretion to suspend/report (s.27A), magistrate leave requirements for variations (s.10C(2)–(3)), which introduces conditional pathways and thresholds.","New criminal offences and varied penalties across many sections (s.33, 33A, 34, 34A–34B, 45C(5)), creating different culpability standards and sentencing ranges.","Significant new operational obligations: detailed annual and ad hoc reporting, seized RWVP cards, and passport surrender/electronic monitoring (ss.18, 21(1C), 10A(4)–(5), 49A).","Expanded search and seizure powers, including compelled assistance to access encrypted devices and passwords (s.45C(5)), with associated legal thresholds and exceptions, raising evidentiary and rights issues.","Information‑sharing regime broadened to include Commonwealth agencies and corresponding registrars, with guideline development required (s.44(4A), s.44AA), increasing inter‑jurisdictional complexity.","Administrative rulemaking and amendment pathways: Governor may amend Schedules by order (s.50C), regulations may amend regulations (s.51(4)), and Commissioner must report on disclosures (s.52A) — together these create layers of delegated change.","Transitional provisions and staged commencements (s.54) that preserve some previous rules for existing orders — adds temporal complexity for application."],"plain_english_summary":"**What this Bill changes, mechanically\n\n- Replaces and expands large parts of the Community Protection (Offender Reporting) Act 2005 to: require courts to register certain offenders on a central Register, expand what personal information must be reported and shared, create new duties and offences for people charged with certain sexual and child‑related offences, and give police and the Commissioner broader powers to monitor and enforce compliance (see sections 6, 6A, 15B–15E, 21, 33, 34A–34B, 44 and 45C).**\n\n**Who it affects\n\n- Reportable offenders: people who are sentenced for specified sexual and serious offences (court must usually order registration and reporting obligations) (s.6).\n- Child offenders: courts must consider, and may make, similar registration orders for people who were children when they offended (s.6A; reg.8A prescribes which child offences trigger that process).\n- Charged persons: people charged but not yet finally dealt with for those offences are newly brought into parts of the regime — the Bill creates duties on charged persons to disclose engagement with child‑related services and to inform employers (Part 2A: ss.15C–15E).  \n- Employers and organisations providing child‑related services: duty to receive disclosures, possible notification from the Commissioner, and an explicit prohibition on certain registered offenders working in child‑related services (s.15B; s.15E).\n- Courts, the Commissioner, Registrar and police: new powers and duties to make orders, vary/suspend reporting, access and share Register data, require electronic monitoring and passport surrender, enter/search premises and devices, and arrest without warrant (ss.4A, 10A(4)–(5), 10C, 27A, 44, 45C and 45B).\n- Third parties and the public: new criminal offences for harassing identified persons and for publishing identifying information of reportable offenders or charged persons (ss.34A–34B).\n\n**How it works, step by step (mechanics)\n\n- Court registration orders: When an adult is sentenced for a listed offence the court must usually order the Registrar to place the person on the Register and set reporting obligations and a reporting period; the court may decline only in narrow circumstances (s.6). For child offenders the court must consider an order and can make it if an unreasonable risk is found, but cannot do so after a single first offence in many cases (s.6A; reg.8A).\n\n- Reporting content and frequency: Registered people must provide expanded personal details (photographs; gender/sex registration; foreign citizenship; passport details; postal service address; relationship status and people they stay with; details of electronic monitoring; and detailed internet/account details including VPNs, email, social media, passwords) and must report annually and on Registrar direction (ss.17, 18, 21(1)(ic)–(if)).\n\n- Charged persons and child‑related services: A charged person (not a child) can be required to disclose within 48 hours whether they engage in child‑related services and to inform the Commissioner and the RWVP Registrar; charged persons who work or seek to work in child‑related services must disclose the charge to employer/prospective employer within 3 days (ss.15C–15D). The Commissioner may proactively notify employers, parents or carers and children (s.15E).\n\n- Community protection orders and monitoring: Magistrates may make community protection orders that can include electronic monitoring (wearing/carrying devices), conditions against tampering with devices, and surrender of passports for periods up to 12 months (ss.10A(4)–(5), 10B, 10C). Data from monitoring can be used in court (s.49A).\n\n- Enforcement and investigative powers: Police may arrest without warrant for suspected offences under the Act (s.45B), enter and search (including digital devices) without warrant where they reasonably believe the place or device is used by a reportable offender (s.45C), require passwords or assistance to access data (s.45C(5)), and use reasonable force for non‑intimate forensic procedures (s.21(8)).\n\n- Register access and disclosure: Access to the Register is tightly limited to specified persons/agencies but the list is expanded to include Commonwealth agencies (AFP, Australian Criminal Intelligence Commission, Australian Border Force, AUSTRAC) and other government authorities responsible for child protection or offender management (s.44(1)–(4), s.44AA). The Registrar may disclose to corresponding registrars in other jurisdictions (s.44AA). The Bill also creates a formal process for parents/children to apply to know whether a person who has regular unsupervised contact is a reportable offender (s.44CA).\n\n- Publication controls: The Commissioner may publish personal details when a registered person’s whereabouts are unknown (s.47A). Third‑party publication or distribution of identifying information about reportable offenders or charged persons is prohibited without the Minister’s written approval (s.34B).\n\n- Penalties and sanctions: Non‑compliance with reporting obligations or community protection orders attracts criminal penalties (up to 200 penalty units and/or imprisonment up to 3 years for some offences; many offences carry penalties up to 2 or 3 years — see ss.33, 33A, 34, 34A–34B, 45C(5)).\n\n**Official stated purpose and then a short test of trade‑offs\n\nThe Bill’s stated purpose is to \"protect children, adults and the community\" by expanding reporting, monitoring and disclosure to prevent future offending (long title). Mechanically it does so by: (a) widening who can be registered and what must be reported; (b) enabling earlier disclosure and employer notification for charged persons; (c) creating preventative court orders including electronic monitoring and passport surrender; and (d) widening information sharing with State and Commonwealth agencies (see ss.6, 6A, 15B–15E, 10A, 44).\n\nCosts, incentives and trade‑offs to note (linked to specific sections)\n\n- Compliance and administrative cost: Police, the Commissioner and the Registrar must collect, verify and manage substantially more personal and digital data (ss.17, 21, 44(4A) — guidelines required). That increases recurring administrative and IT costs and creates a data‑security obligation (risk of breach).\n\n- Burden on individuals and employers: Registered offenders face wider intrusive reporting (passwords, VPNs, passport details, relationship and travel data) and possible loss of ability to work in child‑related services (ss.17, 15B). Employers must receive disclosures, potentially undertake checks and make employment decisions on the basis of charges (s.15D–15E). This can reduce employment opportunities and shift screening costs onto employers.\n\n- Preventive enforcement vs. liberty and due process: The Bill permits pre‑trial obligations on charged persons (requirements to disclose and Commissioner notifications — s.15C–15E) and allows arrest/search without warrant and compelled access to device passwords (ss.45B, 45C(5)). Those are preventive measures that trade off privacy and some procedural protections for earlier intervention.\n\n- Discretion, appeals and review: The Commissioner has delegation and suspension powers (s.4A; s.27A) to suspend reporting in certain cases; magistrates and courts retain decision‑making roles and the Bill expands appeal rights to the Supreme Court (s.50B). These introduce administrative discretion with formal appeal channels but create dependencies on internal guidelines (s.44(4A)) and the Commissioner’s judgment.\n\n- Inter‑jurisdiction and federal interaction: The Register will be shared with Commonwealth agencies (AFP, ACIC, ABF, AUSTRAC) and corresponding registrars interstate and overseas (ss.44(1), 44AA, 23(5)). That improves cross‑border enforcement but increases complexity of legal cooperation and raises questions about differing privacy regimes.\n\n- Speech and information risks: The Bill criminalises publication or public display of identifying information about reportable offenders or charged persons without Ministerial approval (s.34B) and criminalises harassment (s.34A). That places new limits on third‑party publication and may affect victims’, media and community disclosure practices.\n\n**Who pays, who decides and what behaviour changes\n\n- Who pays: the State bears administrative, IT and policing costs of broader enforcement and data handling. Registered offenders bear compliance costs (time, access restrictions, possible loss of work). Employers and child‑related services bear screening and HR costs and potential insurance/liability exposure. Private citizens may bear information‑access costs where they apply to the Commissioner under s.44CA.\n\n- Who decides: courts (when ordering registration and community protection orders — ss.6, 6A, 10A), the Commissioner (s.4A) and the Registrar in day‑to‑day management and disclosures (ss.21(6), 44, 44AA). The Minister controls some approvals (publication permission, s.34B) and the Governor can amend the offence Schedules by order (s.50C).\n\n- Behaviour changes expected: registered people will change travel, online and employment behaviour to comply with reporting and monitoring; charged persons may withdraw from applying for child‑related work (or must disclose charges); employers may adopt stricter hiring/supervision rules for roles involving children; police and agencies will increase surveillance and data‑checking activity.\n\n**Implementation risks and operational points to watch\n\n- Data security and scope creep: the Register will contain very sensitive personal and digital data (passwords and device/account lists), increasing the damage risk if data are leaked (s.17(1)(ic)–(if)).\n- Resource strain: timely verification, international disclosure and electronic monitoring need funding and operational capacity (ss.21(6), 23(5), 10A(4)).\n- Legal friction: cross‑jurisdictional disclosures (s.44AA) and the ability for the Governor to change Schedules by order (s.50C) may shift the operational definition of who is reportable over time.\n- Chilling effects on employment and speech: obligations on charged persons and criminalisation of publication (ss.15D–15E; s.34B) may deter some people from applying to work with children and affect victim and media communications.\n\n**Reference points in the Bill**: court registration orders (s.6, s.6A), child‑related service prohibitions and disclosure duties (ss.15A–15E), expanded reporting detail and frequency (ss.17, 18), community protection powers including electronic monitoring and passport surrender (s.10A(4)–(5)), search/power/arrest without warrant and compelled access to device data (ss.45B, 45C), confidential Register access and expanded disclosure to Commonwealth agencies (s.44, s.44AA), publication/harassment offences (ss.34A, 34B), appeal routes (s.50B), and amendments to Schedules and transitional arrangements (ss.50C, 54)."},"summary":{"status_summary":"Introduced in the Tasmanian House of Assembly, awaiting debate and further parliamentary stages.","complexity_score":8,"likely_questions":["What are the new reporting requirements for internet accounts and passwords?","Can police search my home or vehicle without a warrant if I am a reportable offender?","What must I do if I am charged with a reportable offence and work with children?","How can I find out if a person who has contact with my child is a reportable offender?","What are the penalties for failing to comply with reporting obligations or a community protection order?"],"complexity_factors":["Amends multiple principal Acts and regulations with numerous cross-references","Introduces new offence categories and expanded reporting details (e.g., passwords, VPNs, financial accounts)","Creates new police powers without warrant (search, arrest, electronic monitoring, passport surrender) that interact with existing search warrant laws","Establishes new disclosure schemes for charged persons and child-related service exclusions with overlapping confidentiality and penalty provisions","Includes transitional provisions and multiple commencement dates by proclamation"],"plain_english_summary":"This Bill tightens Tasmania’s offender-reporting regime: it broadens who must report, requires far more personal, travel and digital information, and lets police search, arrest and monitor reportable persons without warrants. It creates new offences (including disclosure duties to employers and bans on child‑related work), a scheme to notify employers/parents, and mandatory minimum reporting periods. It significantly increases state surveillance and compliance burdens on offenders, affects families and employers, and delegates much detail to regulations and the Commissioner."}},"importantCases":[],"_links":{"self":"/api/acts/community-protection-offender-reporting-amendment-bill-2025","history":"/api/acts/community-protection-offender-reporting-amendment-bill-2025/history","analysis":"/api/acts/community-protection-offender-reporting-amendment-bill-2025/analysis","conflicts":"/api/acts/community-protection-offender-reporting-amendment-bill-2025/conflicts","importantCases":"/api/acts/community-protection-offender-reporting-amendment-bill-2025/important-cases","documents":"/api/acts/community-protection-offender-reporting-amendment-bill-2025/documents"}}