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whether to make an order under
section 6, 6A or 7 in relation to
the offence, must take into
account the principles specified in
section 5 of the Youth Justice Act
1997.
(d) by inserting the following paragraphs
after paragraph (f) in subsection (2):
(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;
(e) by inserting the following subsection
after subsection (2):
(3) If an offender was a child at the
time of committing an offence
referred to in section 8(a), a
magistrate, in deciding whether to
make an order under section 9 in
relation to the offence, must take
into account the principles
specified in section 5 of the Youth
Justice Act 1997.
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12. Section 10A amended (Magistrate may make
community protection order on application from
Commissioner)
Section 10A of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (3):
(ca) the reportable offender accessing
or using the internet;
(b) by inserting the following subsections
after subsection (3):
(4) A community protection order
relating to a reportable offender
made under subsection (2) may,
for a period specified in the order
not exceeding 12 months, or for
any further period, specified in
the order, that the magistrate
considers reasonably necessary to
prevent a risk to any child, or
children –
(a) require the reportable
offender to submit to
electronic monitoring,
including by wearing or
carrying an electronic
device; and
(b) impose a condition that
the offender must not
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remove, tamper with,
damage or disable any
device used for the
purpose of the electronic
monitoring required under
paragraph (a); and
(c) impose a condition that
the offender must comply
with all reasonable and
lawful directions given to
the offender in relation to
the electronic monitoring
required under
paragraph (a).
(5) A community protection order
relating to a reportable offender
made under subsection (2) may,
for a period specified in the order
not exceeding 12 months, or for
any further period, specified in
the order, that the magistrate
considers reasonably necessary to
prevent a risk to any child, or
children, require the reportable
offender to surrender, to the
Commissioner, all valid passports
held by the reportable offender.
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13. Section 10B amended (Magistrate may make
interim community protection order)
Section 10B(2) of the Principal Act is amended
by inserting “, or include a requirement or
impose a condition referred to in section 10A(4)
or (5)” after “section 10A(3)”.
14. Sections 10C and 10D inserted
After section 10B of the Principal Act, the
following sections are inserted in Part 2:
10C. Variation, extension and revocation of
community protection order
(1) The Commissioner, or a reportable
offender in relation to whom a
community protection order has been
made, may at any time apply to a
magistrate for a variation, extension or
revocation of the community protection
order.
(2) An application referred to in
subsection (1) may only be made with
the leave of the magistrate.
(3) The magistrate is not to grant leave under
subsection (2) unless satisfied that there
has been a substantial change in the
relevant circumstances since the order
was made or last varied.
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10D. Reportable offender not to commit further
reportable offence
It is an obligation of a reportable
offender that the reportable offender not
commit any further reportable offence
during the reporting period in respect of
that reportable offender.
15. Section 11 substituted
Section 11 of the Principal Act is repealed and
the following sections are substituted:
11. Corresponding reportable offenders
A corresponding reportable offender is a
person who –
(a) would, if the person were
currently in a foreign jurisdiction,
be required to report to the
corresponding registrar in that
jurisdiction for a particular
period; or
(b) falls within a class of persons
who are prescribed by the
regulations to be corresponding
reportable offenders for the
purposes of this Act.
11A. Interaction of orders
For the avoidance of doubt, if a
reportable offender is subject to two or
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more orders under this Act, a
corresponding Act, or both this Act and a
corresponding Act, and there is an
inconsistency between the conditions or
obligations of those orders, the most
recently made order prevails to the extent
of the inconsistency.
16. Section 13 amended (Class 1 offences)
Section 13 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraphs:
(a) in relation to an offender who is a child
at the time of the offence, an offence
against a provision listed in Part 1 of
Schedule 1; or
(ab) an offence against a provision listed in
Part 2 of Schedule 1; or
17. Section 14 amended (Class 2 offences)
Section 14 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraphs:
(a) in relation to an offender who is an adult
at the time of the offence, an offence
against a provision listed in Part 1 of
Schedule 2; or
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(ab) in relation to all offenders, an offence
against a provision listed in Part 2 of
Schedule 2; or
18. Section 15 amended (Class 3 offences)
Section 15 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraphs:
(a) in relation to an offender who is an adult
at the time of the offence, an offence
against a provision listed in Part 1 of
Schedule 3; or
(ab) in relation to all offenders, an offence
against a provision listed in Part 2 of
Schedule 3; or
19. Part 2A inserted
After section 15 of the Principal Act, the
following Part is inserted:
PART 2A – CHILD-RELATED SERVICES AND
DISCLOSURE IN RELATION TO CHARGES
15A. Interpretation of Part
In this Part –
employer has the same meaning as in
section 17(3).
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15B. Reportable offenders excluded from child-
related services
(1) In this section –
relevant reportable offender means a
reportable offender who –
(a) is not a child; and
(b) was not a child at the time of the
commission of the offence in
respect of which the person is a
reportable offender.
(2) A relevant reportable offender must not –
(a) apply to engage in; or
(b) engage in –
the provision of a child-related service.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(3) It is a defence in proceedings for an
offence against subsection (2) to prove
that the defendant did not know, after
making all inquiries that are reasonable
in the circumstances, at the time when
the offence is alleged to have been
committed, that the service was a child-
related service.
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15C. Commissioner may require charged person
to make disclosure in relation to child-
related services or reportable contact
(1) The Commissioner may give to a
charged person, who is not a child, a
notice in writing requiring the person to
provide to the Commissioner –
(a) information as to whether or not
the person currently engages in
the provision of any child-related
services, and the nature of those
services, within 48 hours of being
given the notice; and
(b) information, on an ongoing basis,
about the nature of any child-
related services that the person
applies to engage in, or
commences engaging in, at any
time before proceedings in
relation to the offence have been
finalised, within 48 hours after so
applying for, or commencing to
engage in, the services; and
(c) information regarding any
reportable contact that the person
has or expects to have with a
child.
(2) A notice under subsection (1) is to be
given to a charged person as soon as
practicable after the person has been
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charged with a reportable offence, but in
any case before the first court appearance
of the person in respect of that charge.
(3) A charged person must comply with a
notice given to the person under
subsection (1).
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) The Commissioner is to give a copy of a
notice given under subsection (1) to the
RWVP Registrar.
(5) A police officer may make such
enquiries, in accordance with any
relevant guidelines developed under
section 44(4A), as the officer thinks
necessary to verify information supplied
in response to a notice given under
subsection (1).
15D. Disclosure by charged person to employer in
relation to child-related service
(1) A charged person, who is not a child and
who engages in the provision of a child-
related service, must disclose to the
person’s employer that the person has
been charged with a reportable offence
within 3 days after becoming aware that
the person has been charged with the
offence.
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Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) A charged person, who is not a child and
who applies to engage in the provision of
a child-related service, must disclose to
the person’s prospective employer that
the person has been charged with a
reportable offence within 3 days after
becoming aware that the person has been
charged with the offence.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
15E. Commissioner may make disclosure
regarding charged person
The Commissioner may, despite any Act
or law, and in accordance with any
relevant guidelines developed under
section 44(4A), in respect of a charged
person who is not a child, advise –
(a) any employer or prospective
employer of the person; and
(b) any parent, guardian or carer of a
child with whom the person has,
or the Commissioner reasonably
believes may have, reportable
contact; and
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(c) a child with whom the person
has, or the Commissioner
reasonably believes may have,
reportable contact, if the
Commissioner, or the Secretary,
considers on reasonable grounds
that such disclosure is in the best
interests of the child and is
necessary and appropriate for the
purpose of ensuring the safety
and wellbeing of the child –
that the person has been charged with a
reportable offence and the details of that
offence.
20. Section 16 amended (Reporting obligations of
reportable offenders)
Section 16(a) of the Principal Act is amended by
inserting “, 6A” after “section 6”.
21. Section 17 amended (Report by reportable offender
of personal details)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
before subsection (1):
(1AA) In this section –
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personal relationship has the
same meaning as in the
Relationships Act 2003.
(b) by inserting the following paragraphs
after paragraph (c) in subsection (1):
(ca) the gender or sex of the
reportable offender –
(i) as currently registered
under the Births, Deaths
and Marriages
Registration Act 1999 or a
corresponding law (as
defined in section 3 of
that Act); or
(ii) as currently recorded in a
recognition certificate
within the meaning of the
Births, Deaths and
Marriages Registration
Act 1999; or
(iii) if neither subparagraph (i)
nor (ii) apply in respect of
the reportable offender –
being a gender specified
in section 3A of the
Births, Deaths and
Marriages Registration
Act 1999 and currently
identified by the
reportable offender as the
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reportable offender’s
gender; and
(cb) details of each foreign citizenship
that the reportable offender holds
(if any), including the name of
the country for which it is held;
and
(cc) details of each passport that the
reportable offender holds (if any),
including its number and expiry
date and the name of the country
that issued it; and
(cd) the reportable offender’s postal
address for the service of notices
and documents under this Act;
(c) by inserting in subsection (1)(d) “, or if
the reportable offender does not
generally reside at any particular
premises, the name of each of the
localities at which the reportable offender
can generally be found” after “resides”;
(d) by inserting the following paragraph after
paragraph (da) in subsection (1):
(db) the relationship status of the
reportable offender, including the
name and address of any person
with whom the reportable
offender has a personal
relationship, or is staying for
more than one night at any
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premises, and the names and ages
of any children of that person;
and
(e) by inserting the following paragraph after
paragraph (ed) in subsection (1):
(ee) details of any electronic
monitoring to which the
reportable offender is subject as a
result of a sentence, court order
or community order given or
made in this or any other
jurisdiction; and
(f) by omitting paragraph (ic) from
subsection (1) and substituting the
following paragraph:
(ic) details of all virtual private
networks (VPNs), email
accounts, instant messaging
accounts, chat room identities,
social media accounts, dating or
networking accounts, cloud-based
services, vault applications or any
other account, user name or
identity used, or intended to be
used, by the reportable offender
through the internet or other
electronic communication
service, along with the programs,
software and applications with
which these are associated and
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any passwords associated with
each of these; and
(g) by inserting in subsection (1)(ie) “, or
telecommunications device,” after
“number”;
(h) by inserting the following paragraph after
paragraph (ie) in subsection (1):
(if) the name of each authorised
deposit-taking institution, or other
prescribed financial service
provider, with which the
reportable offender has an
account or dealings; and
(i) by inserting the following subsection
after subsection (1B):
(1C) A reportable offender must
present to the Registrar, or an
authorised person, for inspection,
any working with vulnerable
people registration card, provided
to the reportable offender under
section 42 of the Registration to
Work with Vulnerable People Act
2013.
(j) by inserting in subsection (4) “or charged
person” after “a reportable offender”;
(k) by inserting in subsection (4) “or charged
person” after “the reportable offender”;
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(l) by omitting from subsection (4)(d)(ii)
“oral”;
(m) by inserting the following subsection
after subsection (5):
(6) If a reportable offender presents a
working with vulnerable people
registration card to the Registrar
in accordance with
subsection (1C), the Registrar
may seize the card and forward it
to –
(a) the RWVP Registrar; or
(b) a person in another
jurisdiction whose
functions in that
jurisdiction most closely
correspond to the
functions of the RWVP
Registrar –
for the purposes of the RWVP
Registrar, or the person –
(c) checking the validity of
the card; and
(d) reviewing the registration
to which the card relates.