Mechanically, the Bill inserts a new Part 5AA into the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 to create powers and processes for the Queensland Police Commissioner to disclose, provide or publish certain personal details and photographs of reportable offenders in specified circumstances (see inserted Part 5AA, notably ss 74AF-74AG). The Bill amends the purposes provision in s 3 to add facilitating release of information to the public (s 4 inserts new s 3(1)(c) and s 3(2)(g)). It amends provisions on access and confidentiality (s 69 and s 70) to permit disclosure or publication under the new Part 5AA, and it amends the schedule dictionary so that "personal details" for Part 5AA is defined in s 74AB.

Key mechanical elements introduced are:

• Publication power: the police commissioner may publish any or all of the "personal details" of a reportable offender on a public website where certain conditions are met,specifically where the commissioner is satisfied the offender has failed to comply with reporting obligations or supervision order requirements, and the offender's whereabouts are not known (s 74AF(1)). Publication is defined as making the details available for inspection by the public on a website maintained by the commissioner (s 74AF(5)).

• Photograph provision: members of the public (other than the offender) may apply for, and the commissioner may provide, photographs of reportable offenders who reside in the applicant's "locality" subject to an approved request process and statutory eligibility criteria, including circumstances where the offender is on specified reporting orders, subject to a supervision order, or deemed a "serious risk offender" (s 74AG(1)-(3), (5)).

• Discrete disclosure: a parent or person exercising parental responsibility may apply for confirmation of whether a specified person is a reportable offender where the commissioner is satisfied the specified person has had, or will have, unsupervised contact with the child (s 74AI).

• Offences and limits on public conduct: the Bill creates offences for public acts intended or likely to intimidate or harass identified offenders (s 74AJ) with maximum penalties, and it criminalises display, distribution or publication of identifying information without written approval of the commissioner (s 74AK).

• Operational constraints and safeguards: the Bill preserves police discretion not to disclose (s 74AC), limits disclosure for certain categories of reportable offenders (children, those whose reportable offending was while a child and who have not since been subject to adult measures, those covered by part 4, division 9, and those subject to court orders prohibiting identification,s 74AE), requires the commissioner to have regard to specified matters when exercising publication/provision powers (s 74AH), and requires the police commissioner to develop guidelines about access and disclosure/publication of register personal information that both restrict access and not interfere with the Act's purposes (amendment to s 69(2)).

• Administrative protections and finality: persons involved in administration are granted immunity from civil, criminal and administrative liability for honest acts/omissions under the new part (s 74AL). Decisions about disclosure/provision/publication are made final and largely protected from judicial review except for jurisdictional error as limited by s 74AM. The Bill also contains an "override declaration" that Part 5AA has effect despite incompatibility with the Human Rights Act 2019 (s 74AN), noting the Human Rights Act provides this declaration expires in five years.

• Transitional and review mechanisms: Part 5AA applies to reportable offenders whether they became reportable before or after commencement (s 104). The Minister must ensure an independent review of Part 5AA as soon as practicable after five years (s 74C as replaced).

In short, the Bill adds a statutory route for public-facing publication and restricted provision of identifying personal information and photographs of certain reportable offenders, creates criminal prohibitions tied to misuse of that identifying information, establishes procedural steps for the police commissioner, and introduces immunities and limits on judicial challenge to administrative decisions under the new part.

The Bill builds around a small number of interrelated legal concepts that govern who may be identified publicly, by whom, in what form, and with what checks:

• "Personal details" for Part 5AA (s 74AB): the Bill defines the personal details relevant to publication as the items listed in schedule 2 items 1, 2, 3 and 9 (the Bill says those items apply for the offender), and explicitly includes photographs or digital images and descriptions of general locality of residence or localities where the offender can generally be found (s 74AB(1)-(2)). The dictionary amendment in schedule 5 replaces the general definition of "personal details" so Part 5AA uses s 74AB for the meaning (s 11(2)).

• Publication versus provision: The Bill distinguishes publication (making personal details available to the public on a website maintained by the commissioner, s 74AF(5)) from providing photographs to a specific person (making accessible in a secure way designed to be accessible only by that person, s 74AG(8)). The display/distribution/publish offence in s 74AK covers public acts involving "identifying information".

• Triggering conditions for public publication: The police commissioner may publish personal details only if satisfied that the reportable offender has failed to comply with reporting obligations or supervision order requirements and if the offender's whereabouts are not known (s 74AF(1)(a)-(b)). If, after publication, the commissioner becomes aware of the offender's whereabouts, the commissioner must remove all published personal details as soon as practicable (s 74AF(3)-(4)). The commissioner can also remove details at any time (s 74AF(2)).

• Eligibility for photograph provision and serious risk designation: A member of the public may request photographs of offenders residing in their locality; the commissioner may provide a photograph where the offender meets statutory criteria (s 74AG(1)-(3)). The commissioner may "deem" an offender a "serious risk offender" if at any time the commissioner considers the offender poses a serious risk to the lives or sexual safety of children (s 74AG(5)). That deeming power and the power to revoke it cannot be delegated (s 74AG(7)).

• Discrete disclosure to parents: The commissioner may disclose whether a specified person is a reportable offender to a parent or person exercising parental responsibility if satisfied the specified person has had or will have unsupervised contact with the child (s 74AI).

The Bill affects several distinct groups by design:

• Reportable offenders under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004: Part 5AA applies to all reportable offenders whether they became reportable before or after commencement (s 104). A subset of reportable offenders are expressly excluded from publication/provision (s 74AE), for example children who are reportable offenders, those whose offences were as children and who have not been subject to adult reporting or orders, those covered by Part 4 Division 9, and those subject to court orders prohibiting identification or disclosure of whereabouts or personal details.

• The Queensland Police Commissioner and Queensland Police Service (QPS): The Bill confers primary decision-making power on the police commissioner to publish personal details on a public website (s 74AF), provide photographs to individuals (s 74AG), deem serious risk offenders (s 74AG(5)), and disclose whether a person is a reportable offender to parents in specified circumstances (s 74AI). The commissioner must develop guidelines about access and disclosure/publication of registry personal information (amendment to s 69(2)) and is required to consider specified matters when exercising publication/provision powers (s 74AH). The commissioner is also permitted but not required to act; s 74AC expressly states the commissioner is not required to disclose, provide or publish information.

• Members of the public who seek information: Individuals (other than the offender) may request photographs of reportable offenders who reside in their locality through an approved request process (s 74AG(1)-(3)). Parents or persons with parental responsibility may apply for disclosure about whether a specified person is a reportable offender where there is unsupervised contact with a child (s 74AI(1)-(4)). The Bill imposes obligations on applicants to use an application method approved by the commissioner and to supply documents or information as required (s 74AG(2); s 74AI(3)).

• Offenders whose personal details are published or whose photographs are provided: Publication on a public website (s 74AF) and distribution or display by third parties could materially affect an offender’s privacy and safety. The Bill creates offences directed at members of the public who, by public act, intend to intimidate or harass identified offenders, or who engage in conduct likely to do so (s 74AJ), and separately prohibits display/distribution/publication of identifying information without written approval (s 74AK). The Bill also provides that published personal details must be removed once the commissioner becomes aware of the offender's whereabouts (s 74AF(3)-(4)).

The Bill assigns specific duties and confers certain rights across actors. These duties and rights are best understood as statutory powers for the police commissioner, obligations on the commissioner in certain circumstances, duties on applicants, and criminal prohibitions on public conduct.

Police commissioner duties, discretions and obligations

• Discretion to publish: The police commissioner may publish any or all personal details of a reportable offender where the commissioner is satisfied the offender has failed to comply with reporting obligations or supervision order requirements and the offender's whereabouts are unknown (s 74AF(1)). The commissioner may remove details at any time (s 74AF(2)) and must remove details as soon as practicable if the commissioner's knowledge of whereabouts changes after publication (s 74AF(3)-(4)). The commissioner is not compelled to publish; s 74AC explicitly states nothing in Part 5AA requires disclosure, provision or publication.

• Discretion to provide photographs: The commissioner may provide photographs of reportable offenders to approved applicants if the offender is within the specified categories (s 74AG(3)). Requests must be made in an approved way and accompanied by required documents (s 74AG(2)). The commissioner must give notice to, and consider submissions from, corrective services before providing a photograph for the first time where the offender is subject to a supervision order (s 74AG(4)).

• Deeming serious risk offenders: The commissioner may deem an offender to be a serious risk offender if at any time the commissioner considers the offender poses a serious risk to the lives or sexual safety of children; the deeming lasts until revoked by the commissioner or until the offender stops being a reportable offender (s 74AG(5)-(6)). The powers to deem and to revoke are non-delegable (s 74AG(7)).

• Guidelines and considerations: The police commissioner must develop guidelines about access, disclosure or publication of personal information in the register that attempt to restrict access without interfering with the Act's purposes (amendment to s 69(2)). When considering publication, removal, or providing a photograph, the commissioner may have regard to specified matters including effect on a victim, prejudice to criminal proceedings or investigations, whether the action is in the public interest and consistent with the Act's purposes, and any other relevant matter (s 74AH(2)(a)-(d)).

Public and applicant duties and rights

The Bill creates criminal offences and prescribes maximum penalties, and it sets administrative enforcement mechanisms that centralise operational responsibility with the police commissioner, together with protections for administrators.

Criminal offences and maximum penalties

• Intimidation or harassment of identified offenders (s 74AJ):

  • Intent-based offence: A person must not, by a public act, engage in conduct intending to intimidate or harass another person they believe or suspect is an "identified offender", or intend to incite others to do so. Maximum penalty: 10 years imprisonment (s 74AJ(1)). The Act explicitly labels this offence a misdemeanour (s 74AJ(2)).

  • Likely-consequence offence: A person must not, by a public act, engage in conduct that is likely to intimidate or harass an identified offender, or incite others to intimidate or harass. Maximum penalty: 3 years imprisonment (s 74AJ(3)).

  • Definitions: "Identified offender" includes a person whose personal details have been published under s 74AF, a person whose photograph has been provided under s 74AG, or a person in relation to whom a disclosure has been made under s 74AI (s 74AJ(4)). The statutory definition of "public act" spans forms of communication to or accessible by the public (including online posting, social networking, public speeches, video streaming) and public place conduct (gestures, displays of signs) (s 74AJ(4)).

• Display, distribution or publication of identifying information (s 74AK):

  • Offence: A person must not, without the written approval of the police commissioner, display, distribute or publish any "identifying information". Maximum penalty: 3 years imprisonment (s 74AK(1)).

  • "Identifying information" is expressly defined to include personal details published by the police commissioner under s 74AF, photographs provided under s 74AG, or information disclosed under s 74AI regarding whether a person is a reportable offender (s 74AK(2)). "Display" includes display within view of a public place; "distribute" and "publish" mean distribution/publication to the public or part of the public (s 74AK(2)).

Enforcement mechanisms and decision finality

• Police commissioner's role: The police commissioner is the principal decision-maker under Part 5AA for publication, provision and disclosure. The Bill does not create a separate administrative tribunal or appeal mechanism for refusals or decisions; instead, s 74AM declares relevant decisions final and conclusive and bars challenge, appeal or review except where the Supreme Court finds jurisdictional error. The Judicial Review Act 1991 part 4 is excluded with part 5 applying only to the extent the decision is affected by jurisdictional error (s 74AM(1)-(3)).

The Bill explicitly defines several points of interaction with existing statutory schemes and creates particular non-limiting relationships with other legal regimes.

Interaction with the existing Act and register confidentiality provisions

• Amendment to purposes: The Bill amends s 3 of the principal Act to expressly include facilitating release of information to the public and allowance for disclosure/publication through a public child sex offender register (s 4 inserts s 3(1)(c) and s 3(2)(g)). This changes the statutory purpose landscape and informs the interpretation of other parts of the Act.

• Access and confidentiality adjustments: The Bill amends s 69 to insert "or published" after "disclosed" and replaces s 69(2) so that the police commissioner must develop guidelines about access to, and disclosure or publication of, personal information in the register that attempt to ensure access is restricted without interfering with the Act’s purposes (s 6 amending s 69). Section 70 is amended to include "publish", add an exception for persons involved in administration of Part 5AA (s 7). These amendments loosen prior restrictions on disclosure/confidentiality to permit activity under the new Part 5AA while requiring guidelines to manage access.

Non-exclusivity and other statutory powers

• Non-limiting clause: s 74AD states the new part does not limit a power or obligation under this Act, or another Act or law, to disclose information relating to a reportable offender. That clause preserves concurrent disclosure powers or obligations that may exist elsewhere, rather than making Part 5AA the exclusive mechanism.

• Interaction with court orders and other divisions: The Bill expressly prevents Part 5AA from authorising disclosure/provision/publication of information where a reportable offender is subject to a court order that prohibits identification or disclosure of whereabouts or personal details (s 74AE(d)). It also excludes persons to whom Part 4 Division 9 applies (s 74AE(c)). The Bill therefore acknowledges and defers to specific existing statutory or judicial restrictions.

Human Rights Act 2019 interaction

• Override declaration: The Bill includes an override declaration for s 43(1) of the Human Rights Act 2019, declaring that Part 5AA, other than Division 3 (the offences) and the declaration itself, has effect despite being incompatible with human rights and despite anything else in the Human Rights Act (s 74AN). The Bill includes the statutorily required note that under HRA s 45(2) this declaration expires five years after commencement. This is a direct statutory carve-out of human rights scrutiny for most of Part 5AA.

The Bill itself is an amending statute to the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004. The Bill’s structure identifies the specific amendments and insertions made; the following catalogue summarises those mechanical amendments as set out in the Bill text.

Primary insertions and replacements

• Insertion of Part 5AA: The Bill inserts a new Part 5AA titled "Daniel’s Law,Publication and disclosure of information about child sex offenders" (s 8). This new Part contains Divisions 1-4 with preliminary definitions (ss 74AA-74AE), commissioner powers (ss 74AF-74AI), offences (ss 74AJ-74AK), and other matters including immunity, finality and Human Rights override (ss 74AL-74AN).

• Replacement of s 74C: The Bill replaces the existing s 74C with a new provision requiring an independent review of Part 5AA as soon as practicable after the day that is five years after commencement (new s 74C(1)-(4)) and requires the Minister to table the review report (s 9).

Amendments to existing sections

• Amendment of s 3 (Purposes): Section 3(1A) is expanded by adding a purpose to "protect the community by facilitating the release of information relating to particular offenders in particular circumstances to the public" and s 3(2) is amended to add that the Act allows disclosure or publication through operation of a public child sex offender register (s 4).

• Omission of s 13A(3): The Bill omits s 13A(3) (s 5). The Bill text shows the single line "Section 13A(3),omit." The Bill does not restate what s 13A(3) previously provided in the source text, so the amendment is recorded without the original wording included.

• Amendment of s 69 (Access): The Bill amends s 69(1)(b) to add "or published" after "disclosed" and replaces s 69(2) with a new obligation that the commissioner must develop guidelines ensuring access to personal information is restricted in a way that does not interfere with the Act's purposes (s 6).

• Amendment of s 70 (Confidentiality): Section 70(1) is amended to add "or publish" after "disclose", and a new exception is inserted for persons involved in administration of Part 5AA who disclose or publish the information under that Part (s 7).

• Amendment of Schedule 5 (Dictionary): The Bill removes the prior definition of "personal details" and inserts a new definition that for general purposes refers to s 10A but defines "personal details, of a reportable offender" for Part 5AA by cross-reference to s 74AB (s 11).

The Bill text does not include any litigation history. There are no cases, proceedings, or judicial decisions recorded or cited within the Bill itself. However, the Bill materially alters the legal reviewability of administrative decisions under the amended Act, which has implications for future litigation risk and the procedures by which such matters may be contested.

Key litigation-relevant features in the Bill

• Finality of decisions and restricted judicial review (s 74AM): The Bill declares "relevant decisions" final and conclusive, barring challenge, appeal, review, quashing, setting aside or calling into question "in any other way" under the Judicial Review Act 1991 or otherwise, except where the Supreme Court decides a relevant decision is affected by jurisdictional error. The Bill expressly excludes Judicial Review Act part 4 from applying to relevant decisions and permits part 5 of that Act to apply only to the extent the decision is affected by jurisdictional error (s 74AM(1)-(3)). Therefore, the Bill narrows the typical administrative law avenues for contesting disclosure/provision/publication decisions to jurisdictional error as the judicially cognisable ground.

• Scope of judicial intervention: Because the Bill limits reliefs (including declaratory and injunctive relief) via s 74AM(1)(c), any future litigation seeking to restrain publication, seek removal, or obtain remedies in relation to decisions under Part 5AA will be constrained to claims that can be framed as jurisdictional error. The Bill does not define "jurisdictional error" (a judicial concept) but the statutory framework sets the judicial gatekeeping threshold for review.

• Immunity of administrators (s 74AL): By conferring civil, criminal and administrative immunity for honest acts or omissions in administering Part 5AA, the Bill reduces civil litigation avenues against individuals involved in administration. The immunity extends to professional standards claims and prevents the State from being civilly liable for those acts/omissions.

Implications for potential litigation (text-grounded)

• The Bill creates a statutory architecture that narrows judicial review avenues and provides immunities. Any future litigation will need to engage with these statutory constraints: pleadings and reliefs will likely focus on whether a decision is afflicted by jurisdictional error. The Bill does not specify procedural reform to the Supreme Court's approach; it only specifies the legislative boundary for review claims.

This Bill contains several textual features and procedural hooks that create potential pitfalls for lawyers, compliance officers, administrators and members of the public. The following are concrete, source-grounded points to watch.

1. Commissioner discretion with mandatory removal trigger (s 74AF(1)-(4))

   • The commissioner may publish personal details when satisfied that reporting obligations/supervision orders have been breached and the offender's whereabouts are unknown (s 74AF(1)(a)-(b)). Publication can be temporary,the statute imposes a mandatory duty to remove details "as soon as is practicable" once the commissioner's awareness of the offender's whereabouts changes (s 74AF(3)-(4)). Practitioners should note the statutory trigger for publication is tied to both non-compliance and unknown whereabouts; proof or contestation about when whereabouts became known may be a focal point in disputes.

2. Narrow definitions of publication and provision (s 74AF(5); s 74AG(8))

   • "Publish" for s 74AF is defined as making available on a website maintained by the police commissioner (s 74AF(5)). By contrast "provide" a photograph means making it available for inspection by the person "in a secure way designed to be accessible only by the person" (s 74AG(8)). These are distinct statutory pathways: public website publication differs from secure, person-specific provision. Applicants and third parties must match their requests to the correct mechanism.

3. Non-delegable power to deem serious risk offender (s 74AG(7))

   • The power to deem an offender a "serious risk offender" under s 74AG(5) and the power to revoke that deeming are non-delegable (s 74AG(7)(a)-(b)). That concentrates responsibility at the commissioner level and affects administrative process design. Delegated officers cannot exercise those powers; any administrative workflows that assume delegation will fail on a textual reading.

4. Immunity and State non-liability (s 74AL(1)-(3))

   • Administrators acting honestly are insulated from civil, criminal and administrative liability for acts or omissions under Part 5AA; the State likewise is not civilly liable (s 74AL). That affects the potential for civil recourse against errors and will be salient in advising affected clients about remedies.

5. Finality and restricted judicial review (s 74AM)

This section sets out concrete, text-grounded steps and processes for the principal parties affected by the Bill: the police commissioner/QPS, members of the public seeking information, organisations considering publication or distribution, and reportable offenders and their advisors. Each step links to the statutory provision establishing the duty or process.

For the Queensland Police Commissioner and QPS administration

1. Develop statutory guidelines (s 69(2) as amended)

   • Prepare and publish guidelines about access to, and disclosure or publication of, personal information in the register that "attempt to ensure" access is restricted while not interfering with the Act's purposes. These guidelines should set the approved application methods for s 74AG and s 74AI requests, documentary requirements, application assessment processes, privacy and security measures for "provide" functions, and operational criteria for deciding publication under s 74AF.

2. Operationalise publication and secure-provision channels (ss 74AF(5), 74AG(8))

   • Create and maintain a secure public-facing website for publication as required in s 74AF(5). Establish a secure method to "provide" photographs to individuals which is "designed to be accessible only by the person" (s 74AG(8)), including authentication checks and audit logs.

3. Criteria-driven decision-making and recording (s 74AH)

   • When considering publication, removal or provision of photographs, document consideration of the enumerated matters in s 74AH: victim impact, prejudice to proceedings or investigations, consistency with public interest and Act purposes, and any other relevant matters. Keep written records of these considerations to support the exercise of discretion and to demonstrate compliance with the guidelines.

4. Non-delegable functions and internal assignment (s 74AG(7))

   • Ensure the commissioner himself or herself exercises the non-delegable power to deem or un-deem serious risk offenders. Administrative delegation arrangements should reflect this constraint.

5. Consultation where supervision orders are involved (s 74AG(4))

   • Before first-time provision of a photograph for an offender subject to a supervision order, give notice to the chief executive (corrective services) and consider any submission. Define internal timelines for sending and responding to such notifications.