QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.13DMatters court must consider before making prohibition order
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### sec.13D Matters court must consider before making prohibition order
The matters a court must consider for section 13C (1) are—
when the conduct that is the subject of the proposed prohibition order happened; and
the seriousness of the respondent’s reportable offences committed against a child, whether committed in Queensland or elsewhere; and
the period since the reportable offences were committed; and
for each reportable offence—
the age of the respondent, and the age of the victim of the offence, when the offence was committed; and
the difference in age between the respondent and the victim of the offence; and
the respondent’s present age; and
the seriousness of the respondent’s criminal history; and
whether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
the effect of the prohibition order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child; and
the respondent’s circumstances—
to the extent the circumstances relate to the conduct sought to be prohibited; and
including the reportable offender’s accommodation, employment needs and integration into the community; and
for a child respondent—the child respondent’s educational needs; and
anything else the court considers relevant.
s 13D ins 2017 No. 14 s 11
amd 2018 No. 20 s 3F ; 2023 No. 21 s 4
- (a) when the conduct that is the subject of the proposed prohibition order happened; and
- (b) the seriousness of the respondent’s reportable offences committed against a child, whether committed in Queensland or elsewhere; and
- (c) the period since the reportable offences were committed; and
- (d) for each reportable offence— (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and (ii) the difference in age between the respondent and the victim of the offence; and
- (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and
- (ii) the difference in age between the respondent and the victim of the offence; and
- (e) the respondent’s present age; and
- (f) the seriousness of the respondent’s criminal history; and
- (fa) whether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; and
- (g) the effect of the prohibition order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child; and
- (h) the respondent’s circumstances— (i) to the extent the circumstances relate to the conduct sought to be prohibited; and (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and
- (i) to the extent the circumstances relate to the conduct sought to be prohibited; and
- (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and
- (i) for a child respondent—the child respondent’s educational needs; and
- (j) anything else the court considers relevant.
- (i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and
- (ii) the difference in age between the respondent and the victim of the offence; and
- (i) to the extent the circumstances relate to the conduct sought to be prohibited; and
- (ii) including the reportable offender’s accommodation, employment needs and integration into the community; and