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40. Section 44 amended (Access to Register to be
restricted)
Section 44 of the Principal Act is amended by
omitting subsections (1), (2), (3) and (4) and
substituting the following subsections:
(1) In this section –
relevant agency means –
(a) the Commissioner of the
Australian Federal Police; or
(b) the Commissioner (however
designated) of the police force of
another State, or a Territory, or
another country; or
(c) the Australian Criminal
Intelligence Commission; or
(d) the Australian Transaction
Reports and Analysis Centre
(AUSTRAC) continued in
existence by the Anti-Money
Laundering and Counter-
Terrorism Financing Act 2006 of
the Commonwealth; or
(e) any other government authority
of the Commonwealth or of this
or any other State, or of a
Territory, responsible for the
protection of children or
reportable offender management.
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(2) The Register, or any part of the Register,
is only to be accessed by –
(a) the Commissioner; or
(b) the Registrar; or
(c) the staff of the Registrar; or
(d) a police officer; or
(e) an employee, within the meaning
of the State Service Act 2000,
who accesses the Register in the
course of the employee’s duties
for the purposes of –
(i) enforcing or
administering a law of the
State, or of another State,
a Territory or the
Commonwealth; or
(ii) monitoring compliance
with, or investigating a
contravention of, a law of
the State, or of another
State, a Territory or the
Commonwealth; or
(iii) the administration of
justice; or
(f) a person who is authorised to do
so by the Commissioner.
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(3) A person, specified in subsection (2)(c),
(d), (e) or (f) with access to the Register,
or any part of the Register, must only
disclose personal details contained in the
Register –
(a) to a police officer or a relevant
agency; and
(b) in accordance with –
(i) guidelines developed
under subsection (4A) by
the Commissioner; or
(ii) a requirement or
authorisation by or under
any written or other law.
Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) If the Commissioner, or Registrar,
discloses personal details in the Register
otherwise than to a police officer or a
relevant agency, that disclosure must be
in accordance with –
(a) guidelines developed under
subsection (4A) by the
Commissioner; or
(b) a requirement or authorisation by
or under any written or other law.
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Penalty: Fine not exceeding 200 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4A) The Commissioner is to develop
guidelines about access to, and the
verification and disclosure of, personal
details in the Register that ensure that
access to the personal information in the
Register is restricted to the greatest
extent possible without interfering with
the purpose of the protection of children,
adults and the community.
41. Sections 44AA and 44AB inserted
After section 44A of the Principal Act, the
following sections are inserted in Part 4:
44AA. Provision of information to corresponding
registrar
The Registrar may disclose personal
details of a reportable offender from the
Register to a corresponding registrar for
the purposes of a corresponding Act.
44AB. Provision of information to court
Upon the request of a court, the
Commissioner must disclose the
following information in relation to a
person:
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(a) whether or not the person is a
reportable offender;
(b) if the person is a reportable
offender, the period and
conditions of any order made
under this Act in relation to the
reportable offender –
if the Commissioner is satisfied that –
(c) the information requested is for
the purposes of informing the
court in making orders under the
Children, Young Persons and
Their Families Act 1997 or the
Family Law Act 1975 of the
Commonwealth; and
(d) the information requested does
not identify any victims of the
reportable offender other than
those in relation to whom the
court is making the orders
specified in paragraph (c).
42. Section 44B amended (Provision of information to
prescribed entities)
Section 44B of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) “, the
Registrar or an authorised person” after
“Commissioner”;
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(b) by omitting from subsection (1) “in
writing”;
(c) by inserting in subsection (1) “, or an
entity of a class prescribed by the
regulations to be a class of entities,” after
“prescribed entity”;
(d) by omitting from subsection (2) “may”
and substituting “must”;
(e) by inserting in subsection (2) “in
accordance with any relevant guidelines
developed under section 44(4A) and”
after “subsection (1)”;
(f) by inserting in subsection (2)(a) “the
protection of children, adults and the
community, the management of
reportable offenders,” after “of”;
(g) by inserting in subsection (2)(c) “,
Registrar or authorised person” after
“Commissioner”;
(h) by omitting from subsection (3) “the
Commissioner” first occurring and
substituting “a person”;
(i) by omitting from subsection (3)
“Commissioner” second occurring and
substituting “person”;
(j) by omitting from subsection (4) “the
Commissioner” and substituting “a
person”.
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43. Section 44C amended (Disclosure of information to
child, parent, guardian or carer)
Section 44C of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) The Commissioner, or the
Secretary of the responsible
Department in relation to the
Children, Young Persons and
Their Families Act 1997, may
disclose that a person who has
reportable contact with a child is
a reportable offender in the
following circumstances:
(a) to the parent, guardian or
carer of the child, if the
Commissioner, or the
Secretary, considers on
reasonable grounds that it
is necessary and
appropriate for the
purpose of ensuring the
safety and wellbeing of a
child or children;
(b) to the child with whom
the person has reportable
contact, if the
Commissioner, or the
Secretary, considers on
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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.
(1A) Information may not be disclosed
under this section in relation to a
reportable offender if that
information identifies a victim,
other than the person to whom the
information is being disclosed, of
a reportable offence committed
by the reportable offender.
(b) by inserting in subsection (2) “, or the
Secretary,” after “subsection (1), the
Commissioner”;
(c) by omitting from subsection (2) “parent,
guardian or carer of a child” and
substituting “person”;
(d) by inserting in subsection (3) “, or the
Secretary,” after “Commissioner”;
(e) by omitting from subsection (3) “parent,
guardian or carer of a child” and
substituting “person”;
(f) by omitting from subsection (4) “parent,
guardian or carer of a child” and
substituting “person”;
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(g) by omitting from subsection (4) “parent,
guardian or carer” second occurring and
substituting “person”.
44. Section 44CA inserted
After section 44C of the Principal Act, the
following section is inserted in Part 4:
44CA. Application by child, parent, guardian or
carer for disclosure
(1) A parent, guardian or carer of a child, or
a child, (the applicant) may 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 reportable
offender.
(2) An application under subsection (1) –
(a) must include evidence, to the
satisfaction of the Commissioner,
that the specified person has, or
has had, regular unsupervised
contact with a child in respect of
whom the applicant is a parent,
guardian or carer, or to the
applicant if the applicant is a
child; and
(b) is to be made in a form approved
by the Commissioner.
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(3) For the purposes of subsection (2)(a), a
person does not have regular
unsupervised contact with a child unless
the person has unsupervised contact with
the child for at least 3 days (whether
consecutive or not) in any period of 12
months.
(4) On receiving an application in
accordance with this section, the
Commissioner may disclose to the
applicant whether the specified person is
a reportable offender, unless the person
was a child when the person committed
the latest offence in relation to which the
person is a reportable offender.
(5) Before disclosing information under this
section to an applicant who is a child to
whom the specified person has, or has
had, regular unsupervised contact, the
Commissioner must be satisfied on
reasonable grounds that such disclosure
is in the best interests of the applicant
and is necessary and appropriate for the
purpose of ensuring the safety and
wellbeing of the applicant.
(6) In disclosing information to an applicant
under subsection (4), the Commissioner
must inform the applicant, in writing, of
the obligation to keep that information
confidential in accordance with section
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(7) Information may not be disclosed under
this section in relation to a reportable
offender if that information identifies a
victim, other than the applicant, of a
reportable offence committed by the
reportable offender.
(8) Evidence of whether or not an
application has been made under this
section is not admissible in any
proceedings in a court or before a person
or body authorised to hear and receive
evidence.
(9) Subsection (8) does not apply to
proceedings for an offence under this
Act.
45. Sections 44D and 45 substituted
Sections 44D and 45 of the Principal Act are
repealed and the following section is substituted:
45. Confidentiality
(1) Except as otherwise provided by this
section, a person who has access to any
information –
(a) provided, accessed or disclosed
under this Act; or
(b) contained in the Register –
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must not intentionally or recklessly
disclose or cause the disclosure of that
information.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) Except as otherwise provided by this
section –
(a) a person who is a member of an
entity, or a member of an entity
within a class of entities,
prescribed for the purposes of
section 44B to whom information
is provided under that section; or
(b) a person to whom information is
disclosed under section 15E, 44C
or 44CA –
must not –
(c) give or show a record of the
provision or disclosure of that
information to any other person;
or
(d) be reckless about whether or not
any other person can access such
a record.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
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(3) A person may disclose information
specified in subsection (1) in one or more
of the following cases:
(a) as required or authorised by or
under any Act or law;
(b) to a court or tribunal in the course
of relevant legal proceedings;
(c) pursuant to an order of a court or
tribunal;
(d) to a legal practitioner for the
purpose of obtaining legal advice
or representation;
(e) for the purposes of obtaining
therapeutic mental health support
services or treatment from a
person whose profession or work
includes the provision, for fee or
other reward or on a voluntary
basis, of –
(i) counselling services; or
(ii) social work services; or
(iii) medical, psychiatric or
psychological therapy or
services;
(f) to –
(i) the Integrity Commission
established under section
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7 of the Integrity
Commission Act 2009; or
(ii) the Ombudsman
appointed under section 5
of the Ombudsman Act
1978; or
(iii) the Commissioner –
for the purposes of an
investigation under the Integrity
Commission Act 2009, the
Ombudsman Act 1978, or the
Police Service Act 2003,
respectively;
(g) with the written authority of the
Minister or the person to whom
the information relates;
(h) if the person is a person who has
access to the Register under
section 44(2) – in the course of
the person’s duty;
(i) if the person is a person who has
access to the Register under
section 44(2) – for the purposes,
in this or any other jurisdiction,
of –
(i) the protection of children,
adults and the
community; or
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(ii) law enforcement; or
(iii) the facilitation of criminal
proceedings in a court or
tribunal; or
(iv) the management of
reportable offenders;
(j) if the person is an employer of a
charged person or reportable
offender to whom the information
relates – to a person who –
(i) is a manager or
supervisor, within the
organisation or business
of the employer; and
(ii) manages or supervises, or
proposes to manage or
supervise, the person to
whom the information
relates –
for the purpose of managing or
supervising the charged person or
reportable offender to whom the
information relates;
(k) in other circumstances prescribed
by the regulations.
(4) A parent, guardian or carer of a child, to
whom information is disclosed under
section 15E, 44C or 44CA, may disclose
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that information to any other parent,
guardian or carer of the child for the
purpose of the protection of the child.
(5) If a parent, guardian or carer discloses
information under subsection (4), the
parent, guardian or carer must inform the
person to whom the information is
disclosed of the obligation to keep that
information confidential in accordance
with this section.
46. Section 45AA inserted
After section 45A of the Principal Act, the
following section is inserted in Part 5:
45AA. Power to conduct search of person
If a police officer reasonably suspects
that a reportable offender is committing,
or has committed, an offence against this
Act, the police officer may, without
warrant, in a public place or after
entering a place, premises, conveyance or
container in accordance with
section 45C –
(a) conduct a frisk search, within the
meaning of the Search Warrants
Act 1997, of the reportable
offender; and
(b) search any thing in the possession
of the reportable offender; and
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(c) seize, retain, and conduct an
examination (including a forensic
examination) of any thing that the
police officer reasonably believes
is evidence that a reportable
offender is committing, or has
committed, an offence against
this Act.
47. Sections 45B and 45C substituted
Sections 45B and 45C of the Principal Act are
repealed and the following sections are
substituted:
45B. Power to arrest without warrant
A police officer who suspects on
reasonable grounds that a person has
committed an offence under this Act may
arrest the person without a warrant.
45C. Power to enter and search places, premises,
conveyances and containers, and to search
devices
(1) A police officer may, for the following
purposes, without warrant, enter into,
remain on, search and inspect any place,
premises, conveyance or container, or
search any device, that the police officer
reasonably believes is being, or has been,
used by a reportable offender: