Community Protection (Offender Reporting) Amendment Bill 2025
[Bill 61]-IX
TASMANIA
COMMUNITY PROTECTION (OFFENDER
REPORTING) AMENDMENT BILL 2025
CONTENTS
PART 1 – PRELIMINARY
Short title
Commencement
PART 2 – COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
Principal Act
Long title substituted
Section 3 amended (Interpretation)
Section 4A inserted
4A. Delegation by Commissioner
Section 5 amended (Reportable offenders)
Section 6 substituted
Order requiring registration of adult offender
6A. Consideration of order relating to child offender
Section 7 amended (Reporting orders for other offences)
Section 9 amended (Magistrate may make reporting order on
application from Commissioner)
Section 10 amended (Matters to be taken into account)
Section 10A amended (Magistrate may make community
protection order on application from Commissioner)
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13. Section 10B amended (Magistrate may make interim community
protection order)
14. Sections 10C and 10D inserted
10C. Variation, extension and revocation of community
protection order
10D. Reportable offender not to commit further reportable
offence
15. Section 11 substituted
11. Corresponding reportable offenders
11A. Interaction of orders
16. Section 13 amended (Class 1 offences)
17. Section 14 amended (Class 2 offences)
18. Section 15 amended (Class 3 offences)
19. Part 2A inserted
PART 2A – Child-related Services and Disclosure in Relation
to Charges
15A. Interpretation of Part
15B. Reportable offenders excluded from child-related
services
15C. Commissioner may require charged person to make
disclosure in relation to child-related services or
reportable contact
15D. Disclosure by charged person to employer in relation
to child-related service
15E. Commissioner may make disclosure regarding
charged person
20. Section 16 amended (Reporting obligations of reportable
offenders)
21. Section 17 amended (Report by reportable offender of personal
details)
22. Section 18 substituted
18. Reportable offender to report annually and as
required by the Registrar
23. Section 19 amended (Intended absence from Tasmania to be
reported)
24. Section 20 amended (Where reports must be made)
25. Section 21 amended (Power to take photographs and carry out
non-intimate forensic procedures)
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26. Section 23 substituted
23. Suspension and extension of reporting obligations
27. Section 23A amended (Application of this Division)
28. Section 23B amended (Variation of reporting obligations of
young reportable offenders)
29. Section 23C amended (Suspension of reporting obligations of
young reportable offenders)
30. Section 24 amended (Length of reporting period)
31. Section 26 repealed
32. Section 27A inserted
27A. Suspension of reporting obligations of reportable
offenders on Commissioner’s own initiative
33. Section 30 amended (Commissioner and certain chief executive
officers entitled to be parties to proceedings)
34. Sections 33 and 33A substituted
33. Failure to comply with obligations
33A. Failure to comply with community protection order
or interim community protection order
35. Section 34 amended (Providing false or misleading information)
36. Sections 34A and 34B inserted
34A. Conduct intended to cause harassment of reportable
offenders or charged persons
34B. Publication, display and distribution of identifying
information of reportable offender or charged person
37. Section 37 amended (Courts to provide details of orders to
Commissioner)
38. Section 41A inserted
41A. Access to information of participants in witness
protection programs
39. Section 42 amended (Registrar)
40. Section 44 amended (Access to Register to be restricted)
41. Sections 44AA and 44AB inserted
44AA. Provision of information to corresponding registrar
44AB. Provision of information to court
42. Section 44B amended (Provision of information to prescribed
entities)
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43. Section 44C amended (Disclosure of information to child,
parent, guardian or carer)
44. Section 44CA inserted
44CA. Application by child, parent, guardian or carer for
disclosure
45. Sections 44D and 45 substituted
45. Confidentiality
46. Section 45AA inserted
45AA. Power to conduct search of person
47. Sections 45B and 45C substituted
45B. Power to arrest without warrant
45C. Power to enter and search places, premises,
conveyances and containers, and to search devices
48. Section 45D amended (Failure to comply with Act)
49. Sections 47 and 47A substituted
47. Matters generally to be heard in public
47A. Publication of personal details of certain reportable
offenders
47B. Publication of de-identified information
50. Section 49A inserted
49A. Evidence of electronic monitoring device
51. Section 50A amended (Appeals)
52. Sections 50B and 50C inserted
50B. Appeals from Magistrates Court decisions
50C. Amendment of Schedules by order
53. Section 51 amended (Regulations)
54. Section 52A inserted
52A. Commissioner to review and report on certain
disclosures made under Act
55. Section 54 inserted
54. Transitional provisions consequent on Community
Protection (Offender Reporting) Amendment Act
2025
56. Schedules 1, 2 and 3 amended
SCHEDULE 1 – CLASS 1 OFFENCES
SCHEDULE 2 – CLASS 2 OFFENCES
SCHEDULE 3 – CLASS 3 OFFENCES
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PART 3 – COMMUNITY PROTECTION (OFFENDER REPORTING)
REGULATIONS 2016 AMENDED
57. Principal Regulations
58. Regulation 4 amended (Authorised persons)
59. Regulation 8 amended (Supervising authorities)
60. Regulation 8A inserted
8A. Prescribed offences in respect of child offenders
61. Regulation 10 amended (Prescribed entities)
PART 4 – SENTENCING ACT 1997 AMENDED
62. Principal Act
63. Section 11A amended (Matters to be taken or not taken into
account in sentencing certain sexual offenders)
PART 5 – CONCLUDING PROVISION
64. Repeal of Act
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[Bill 61] 7
COMMUNITY PROTECTION (OFFENDER
REPORTING) AMENDMENT BILL 2025
(Brought in by the Minister for Police, Fire and Emergency
Management, the Honourable Felix Ashton Ellis)
A BILL FOR
An Act to amend the Community Protection (Offender
Reporting) Act 2005, the Community Protection (Offender
Reporting) Regulations 2016 and the Sentencing Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Community
Protection (Offender Reporting) Amendment Act
Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
Community Protection (Offender Reporting) Amendment
Act 2025
Act No. of 2025
s. 3 Part 2 – Community Protection (Offender Reporting) Act 2005 Amended
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PART 2 – COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
3. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
4. Long title substituted
The Principal Act is amended by omitting the
long title and substituting the following long
title:
An Act to protect children, adults and
the community from future offending
by certain offenders who commit
sexual or other serious offences, by
requiring courts to make orders
specifying certain offenders to be
reportable offenders, requiring those
offenders to keep police informed of
their whereabouts and other personal
details for a period of time and to
refrain from engaging in certain work,
requiring a Register of collected
information to be kept, establishing an
information disclosure scheme to
enable the sharing of information
under the Act in certain
*No. 61 of 2005
Community Protection (Offender Reporting) Amendment
Act 2025
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Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 5
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circumstances, and for related
purposes
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of authorised
person and substituting the following
definitions:
authorised person means a prescribed
person, or a member of a
prescribed class of persons;
carer has the same meaning as in the
Carer Recognition Act 2023;
charged person means a person who
has been charged with a Class 1
offence, a Class 2 offence or a
Class 3 offence in respect of
which proceedings have not been
finalised, who has been –
(a) served with a notice to
appear in court in relation
to the offence: or
(b) bailed to appear in
relation to the offence; or
(c) remanded in custody in
relation to the offence;
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(b) by inserting the following definition after
the definition of child:
child-related service has the same
meaning as in the Registration to
Work with Vulnerable People
Regulations 2024;
(c) by inserting the following definition after
the definition of government custody:
guardian has the same meaning as in
the Children, Young Persons and
Their Families Act 1997;
(d) by inserting “6A,” after “section 6,” in
the definition of offender reporting
order;
(e) by inserting the following definition after
the definition of offender reporting
order:
parent has the same meaning as in the
Children, Young Persons and
Their Families Act 1997;
(f) by omitting the definition of personal
details and substituting the following
definition:
personal details, in relation to a
reportable offender or
corresponding reportable
offender, means –
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Part 2 – Community Protection (Offender Reporting) Act 2005 Amended s. 6
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(a) the details specified in
section 17; and
(b) photographs and digital
images in relation to that
offender;
(g) by omitting “police officer” from the
definition of Registrar and substituting
“person”;
(h) by omitting the definition of reportable
contact and substituting the following
definition:
reportable contact, in relation to
contact with a child by a
reportable offender or charged
person, means the contact listed
in section 17(4);
(i) by inserting the following definition after
the definition of reporting period:
RWVP Registrar means the Registrar
appointed under section 11 of the
Registration to Work with
Vulnerable People Act 2013;
6. Section 4A inserted
After section 4 of the Principal Act, the
following section is inserted in Part 1:
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4A. Delegation by Commissioner
The Commissioner may delegate any of
the Commissioner’s powers or functions
under this Act, other than this power of
delegation, to any one or more of the
following persons –
(a) a specified police officer; or
(b) a specified class of police
officers; or
(c) a person appointed or employed
under the State Service Act 2000.
7. Section 5 amended (Reportable offenders)
Section 5(1)(b) of the Principal Act is amended
by omitting “section 6” and substituting “section
6 or 6A”.
8. Section 6 substituted
Section 6 of the Principal Act is repealed and the
following sections are substituted:
6. Order requiring registration of adult
offender
(1) Subject to subsection (2), if a court
sentences a person who was not a child at
the time of committing the reportable
offence to which the sentence relates, the
court is to make an order directing that –
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(a) the Registrar cause the name of
the person to be placed on the
Register; and
(b) the person comply with all
obligations under this Act for the
period determined by the court in
accordance with sections 24 and
25.
(2) Despite subsection (1), the court may
omit to make such an order in the
following circumstances:
(a) if the reportable offence is a Class
1 offence and the court is
satisfied that the person does not
pose an unreasonable risk of
committing a reportable offence
against a child, an adult or the
community;
(b) if the reportable offence is a Class
2 offence or a Class 3 offence and
the court is satisfied that
exceptional circumstances exist
that indicate that the person does
not pose a risk of committing a
reportable offence against a child,
an adult or the community.
(3) In deciding whether exceptional
circumstances exist under subsection
(2)(b), the court is to make paramount
the consideration of the safety and
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protection of children, adults and the
community.
(4) The court is to make the order at the time
the person is sentenced for the reportable
offence.
(5) For the purposes of subsection (2) and
(3), it is not necessary that the court be
able to identify a risk of offending
against a particular person, or particular
persons, or a particular class of persons.
6A. Consideration of order relating to child
offender
(1) If a court sentences a person who was a
child at the time of committing the
reportable offence to which the sentence
relates, the court is to consider making an
order directing that –
(a) the Registrar cause the name of
the person to be placed on the
Register; and
(b) the person comply with all
obligations under this Act for the
period determined by the court in
accordance with sections 24 and
25.
(2) A court may make an order in
accordance with subsection (1) if the
court is satisfied that the person poses an
unreasonable risk of committing a
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reportable offence against a child, an
adult or the community.
(3) The court must not make an order under
subsection (2) in relation to a person
merely because the person, who has not
previously been convicted of a reportable
offence, is sentenced as a child for a
single offence (including an equivalent
offence under the laws of a foreign
jurisdiction) that is an offence prescribed
to be an offence for the purposes of this
subsection.
(4) The court may make an order under
subsection (2) on application from the
prosecution or on the court’s own
initiative.
(5) Despite subsection (4), if the court does
not consider making an order under
subsection (2), an application for such an
order may be made to the court by the
prosecution, or the Commissioner, within
6 months after the day on which the
person is sentenced for the offence.
(6) The court may make an order under
subsection (2) –
(a) at the time at which the person is
sentenced for the reportable
offence; or
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(b) at the time of determining an
application made under
subsection (5); or
(c) at a later time, if more time is
necessary, in the opinion of the
court, to enable information
relating to the matters to be taken
into account under section 10 to
be presented to the court.
(7) For the purposes of subsection (2), it is
not necessary that the court be able to
identify a risk of offending against a
particular person, or particular persons,
or a particular class of persons.
9. Section 7 amended (Reporting orders for other
offences)
Section 7(1) of the Principal Act is amended by
omitting paragraph (d) and substituting the
following paragraph:
(d) the person comply with all obligations
under this Act for the period determined
by the court in accordance with
sections 24 and 25 –
10. Section 9 amended (Magistrate may make reporting
order on application from Commissioner)
Section 9(1) of the Principal Act is amended by
omitting “the reporting obligations under this
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Act” and substituting “all obligations under this
Act, for the period determined by the magistrate
in accordance with sections 24 and 25,”.
11. Section 10 amended (Matters to be taken into
account)
Section 10 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) “, 6A” after
“section 6”;
(b) by inserting the following paragraphs
after paragraph (f) in subsection (1):
(fa) the offender’s criminal history,
including prior convictions and
findings of guilt in respect of
offences committed in the State
or elsewhere, and any pattern in
the committing of offences
indicated by that history;
(fb) any previous offender reporting
order or previous community
protection order in respect of the
offender;
(c) by inserting the following subsection
after subsection (1):
(1A) If an offender was a child at the
time of committing a reportable
offence, a court, in deciding
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