QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.12CMaking offender reporting order—forensic order
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### sec.12C Making offender reporting order—forensic order
This section applies if a court makes a forensic order in relation to a person.
The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D —
the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or
if the forensic order was made in relation to a child abduction offence—
the context in which the offence was committed was not familial; and
it is appropriate in the circumstances to make the order.
For subsection (2) —
a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and
a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.
For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.
An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 .
s 12C ins 2023 No. 21 s 3
(sec.12C-ssec.1) This section applies if a court makes a forensic order in relation to a person.
(sec.12C-ssec.2) The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D — the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or if the forensic order was made in relation to a child abduction offence— the context in which the offence was committed was not familial; and it is appropriate in the circumstances to make the order.
(sec.12C-ssec.3) For subsection (2) — a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.
(sec.12C-ssec.4) For subsection (2) (a) , it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.
(sec.12C-ssec.5) An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016 , section 441 .
- (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or
- (b) if the forensic order was made in relation to a child abduction offence— (i) the context in which the offence was committed was not familial; and (ii) it is appropriate in the circumstances to make the order.
- (i) the context in which the offence was committed was not familial; and
- (ii) it is appropriate in the circumstances to make the order.
- (i) the context in which the offence was committed was not familial; and
- (ii) it is appropriate in the circumstances to make the order.
- (a) a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and
- (b) a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.