Part 5BPublication of information about registrable offenders

Part 5B—Publication of information about registrable offenders 66EA—Delegation by Commissioner Despite section 19 of the Police Act 1998, the Commissioner must not delegate a function or power under this Part except to a Deputy Commissioner or Assistant Commissioner of Police. 66EB—Commissioner not required to publish or provide information Nothing in this Part requires the Commissioner to publish or provide information about any registrable offender or other person. 66EC—Restriction on publication or provision of information about protected witnesses Nothing in this Part requires or authorises the Commissioner to publish or provide information about a person to whom Part 3 Division 9 applies. 66ED—Restriction on publication or provision of information about children in care Nothing in this Part requires the Commissioner to publish or provide information if to do so may identify, directly or indirectly, a child or young person who is under the guardianship or in the custody of the Chief Executive under the Children and Young People (Safety) Act 2017. 66F—Commissioner may publish personal details of certain registrable offenders (1) The Commissioner may publish, on a website maintained by the Commissioner, any or all of the personal details of a registrable offender (other than a registrable offender who is a child) if— (a) the Commissioner is satisfied that the registrable offender— (i) has failed to comply with any of his or her reporting obligations; or (ii) in purported compliance with Part 3, has provided information that is false or misleading in a material particular; and (b) the registrable offender's whereabouts are not known to the Commissioner. (1a) For the avoidance of doubt, information published by the Commissioner under this section (whether before or after the commencement of this subsection) may specify that the person to whom it relates is a registrable offender. (2) The Commissioner may at any time— (a) remove any or all of the personal details of a registrable offender from the website on which they are published under subsection (1); or (b) again publish under subsection (1) any or all of the personal details of the registrable offender after their removal under paragraph (a). (3) If— (a) the Commissioner has published any personal details of a registrable offender under subsection (1); and (b) the registrable offender subsequently reports his or her whereabouts to the Commissioner under Part 3, the Commissioner must, as soon as is practicable after receiving the report, remove those personal details from the website on which they are published. (4) The Commissioner may not publish any personal details of the offender under this Part that are provided under section 13(1)(f) or (g) before notifying any party to whom the personal details relate (or a representative of the party) unless such disclosure would compromise a police investigation. (5) In this section— personal details, in relation to a registrable offender— (a) includes a photograph of the offender; but (b) does not include any details that the offender reports under section 13(1)(e) or (ea) or any other details that would identify a child. 66FA—Commissioner may provide person with image of certain registrable offenders (1) This section applies to a registrable offender, other than a registrable offender who is a child, where— (a) after becoming a registrable offender the registrable offender has committed and been found guilty of (whether before or after the commencement of this section) a further— (i) class 1 offence; or (ii) class 2 offence; or (iii) other sexual offence committed against a child; or (b) the registrable offender— (i) has committed and been found guilty of a prescribed offence; and (ii) is subject to an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015, but does not apply to a registrable offender if a court has ordered that the registrable offender's image is not to be distributed; or (c) the Commissioner is satisfied that the registrable offender poses a risk to the lives or sexual safety of one or more persons, or persons generally. (2) A person may, in accordance with the regulations, apply to the Commissioner for information in relation to certain registrable offenders who reside in their locality. (3) The application must— (a) be made in a manner and form determined by the Commissioner; and (b) be accompanied by the prescribed fee. (4) The applicant must provide, in support of the application, such evidence as may reasonably be required by the Commissioner. (5) If the Commissioner approves the application, the Commissioner may, subject to this section, provide the applicant with images of registrable offenders who reside in their locality (whether obtained under this section or otherwise). (6) If the Commissioner proposes to provide an image or images of a registrable offender to whom subsection (1)(b) applies, the Commissioner must give written notice of the application to the Chief Executive. (7) In determining whether to provide an image of a registrable offender under subsection (5) the Commissioner— (a) must have regard to whether the provision of the image is reasonably likely to identify a victim of the registrable offender; and (b) may have regard to any matter the Commissioner considers relevant. (8) In determining whether a registrable offender poses a risk to the lives or sexual safety of one or more persons or persons generally for the purposes of subsection (1)(c), the Commissioner may take into account the following: (a) any medical, psychiatric, psychological or other assessment relating to the registrable offender; (b) any information indicating whether or not the registrable offender is likely to commit a prescribed offence in the future; (c) whether or not there is any pattern of offending behaviour on the part of the registrable offender; (d) the registrable offender's antecedents and the seriousness of their total criminal record; (e) the registrable offender's age and the age of any victims of any offences by the registrable offender at the time those offences were committed; (f) the difference in age between the registrable offender and any victims of those offences; (g) any other matter the Commissioner considers relevant. (9) The Commissioner may, by notice in writing, direct a registrable offender to whom this section applies to attend a specified police station within a specified period for the purpose of being photographed for the purposes of this section. (10) A police officer may take, or may cause to be taken, photographs of a registrable offender attending a police station under subsection (9) and may for that purpose give directions to the registrable offender. (11) A registrable offender must not fail to comply with a direction under this section without a reasonable excuse. Maximum penalty: $10 000 or imprisonment for 2 years. (12) Except as may be required by the regulations, the Commissioner is not required to provide procedural fairness in exercising their power under subsection (5). (13) In this section— Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982; locality, of a person, means a description of the general locality, such as the town or suburb, in which the person resides; prescribed offence means— (a) a serious sexual offence within the meaning of the Criminal Law (High Risk Offenders) Act 2015; or (b) a class 1 offence; or (c) a class 2 offence. 66FB—Commissioner may inform child's parent or guardian whether specified person is a registrable offender (1) A person may, in accordance with the regulations, apply to the Commissioner to be informed whether or not a person specified in the application (the specified person), other than a person who is a child, is a registrable offender. (2) The application must— (a) be made in a manner and form approved by the Commissioner; and (b) be accompanied by the prescribed fee. (3) The applicant must provide, in support of the application, such evidence as may reasonably be required by the Commissioner. (4) If the Commissioner is satisfied that the specified person has regular unsupervised contact with a child of whom the applicant is a parent or guardian, the Commissioner may inform the applicant— (a) whether or not the specified person is a registrable offender; and (b) what the offence or offences were that resulted in the specified person becoming a registrable offender; and (c) any other information the Commissioner thinks relevant. (5) In determining whether to inform the applicant the Commissioner— (a) must have regard to whether to do so is reasonably likely to identify a victim of the registrable offender; and (b) may have regard to any matter the Commissioner considers relevant. (6) Except as may be required by the regulations, the Commissioner is not required to provide procedural fairness in exercising their power under subsection (4). (7) For the purposes of this section, a person has regular unsupervised contact with a child if, on at least 3 days (whether consecutive or not) in any period of 12 months— (a) the person has contact with the child consisting of any form of physical contact or close physical proximity to the child; and (b) the contact with the child occurs where the person is the only adult present. 66G—Commissioner may take into account certain matters (1) In determining whether or not— (a) to publish any personal details of a registrable offender under section 66F(1) (identifying information); or (b) to remove identifying information from a website under section 66F(2), the Commissioner may take into account the matters listed in subsection (2). (2) For the purposes of subsection (1) the following matters are relevant: (a) whether the publication of the identifying information about the person would interfere with— (i) an investigation by police officers in relation to the person; or (ii) the person's compliance with the reporting obligations of this Act; or (iii) the operation of any order or requirement under a written law to which the person is subject; (b) whether the publication of the identifying information about the person might identify a victim of an offence, or the school attended by a victim of an offence, committed by the person; (c) the effect that the publication of the identifying information about the person might have on a victim of an offence committed by the person; (d) whether, in statements made by the victim to the Commissioner, the publication of the identifying information about the person has been supported or opposed by a victim of an offence committed by the person; (e) whether the publication of the identifying information about the person would increase the risk of the person committing offences; (f) the Commissioner's assessment of the benefit to the community of the publication of the identifying information about the person; (g) if the identifying information is about a person who is awaiting trial on a charge of an offence—whether the publication of the identifying information might prejudice the fair trial of the person; (h) any other matter the Commissioner considers relevant. (3) Before publishing identifying information, the Commissioner must take reasonable steps to consult with any persons that the Commissioner believes may be adversely affected by publication of the information. 66H—Protection as to publication and other provision of information (1) If the Commissioner determines in good faith— (a) to publish or provide any information under this Part; or (b) not to publish or provide any information under this Part, no civil or criminal liability attaches to the Commissioner or the Crown by reason of publishing or providing that information or omitting to publish or provide that information. (2) If information is published or provided by the Commissioner under this Part, that publication or provision of information is not to be regarded— (a) as a breach of any duty of confidentiality or secrecy imposed by law; or (b) as a breach of professional ethics or standards or as unprofessional conduct. information includes identifying information referred to in section 66G. 66I—Conduct intended to incite animosity towards or harassment of identified offenders and other people (1) A person must not engage in any conduct, otherwise than in private, by which the person intends to create, promote or increase animosity towards, or harassment of, a person as an identified offender or as a person associated with an identified offender. Maximum penalty: Imprisonment for 10 years. (2) A person must not engage in any conduct, otherwise than in private, that is likely to create, promote or increase animosity towards, or harassment of, a person as an identified offender or as a person associated with an identified offender. (3) A reference in subsection (1) or (2) to conduct includes a reference to conduct occurring on a number of occasions over a period of time. (4) For the purposes of subsection (1) or (2), conduct is taken not to occur in private if it— (a) consists of any form of communication with the public or a section of the public; or (b) occurs in a public place or in sight or hearing of people who are in a public place. (5) In this section— animosity towards a person means hatred of, or serious contempt for, the person; harassment includes threat, serious and substantial abuse and severe ridicule; identified offender means a registrable offender whose personal details are published or otherwise provided by the Commissioner under this Part; personal details, in relation to a registrable offender, includes a photograph of the offender; public place includes— (a) a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise; and (b) a privately owned place to which the public has access with the express or implied approval of, or without interference from, the owner, occupier or person who has the control or management of the place; and (c) a school, university or other place of education, other than a part of it to which neither students nor the public usually have access. 66J—Publication, display and distribution of identifying information (1) A person must not, except in accordance with the written approval of the Minister, publish, distribute or display any identifying information. (1a) An approval granted by the Minister for the purposes of this section may be subject to such conditions as the Minister thinks fit. (1b) In determining whether or not to grant an approval, or the conditions to attach to an approval, the Minister may take into account the matters specified in section 66G(2) (as if the references to the Commissioner in section 66G(2)(f) and (h) were references to the Minister). (1c) If the Minister, in good faith, grants an approval for the purposes of this section, no civil or criminal liability attaches to the Minister or the Crown by reason of the grant of that approval. (1d) If the Commissioner removes any or all of the personal details of a registrable offender from the website on which they are published under section 66F, a person who has published on a website identifying information consisting of those personal details, or who is displaying such identifying information, must take reasonable steps to remove that information from the website or display. (2) In this section— display means display in or within view of a public place, as defined in section 66I(5); distribute means distribute to the public or a section of the public; identifying information means information that is identifiable as the information published or otherwise provided by the Commissioner under section 66F, 66FA or 66FB; publish means publish to the public or a section of the public.