sec.43Court advice notices

sec.43 Court advice notices

This section applies if— a court— convicts a person of an offence; or makes a protection order against a person; and for a person convicted of an offence who is a child—the person is not a first-time offender; and at least 1 of the following applies— the court was sitting in a welfare reform community area, Cooktown or Mossman; the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. The court officer must give the commission a notice (a court advice notice ) that states— if the court convicted the person of an offence— the offence that the person was convicted of; and the day on which the court convicted the person; and if the court made a protection order against the person— the conditions (if any) of the protection order; and the day on which the court made the protection order; and the person’s name and address; and information that identifies the court— that convicted the person; or made the protection order against the person; and information that identifies— the place where the conduct that is the subject of the conviction or protection order happened; or the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) . The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— the court— convicts the person; or makes the protection order against the person; the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; for a convicted person who is a child—the court officer learns that the person is not a first-time offender. A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices. To remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child— giving a court advice notice under this section; disclosing confidential information under subsection (4) . In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 . court means— the Childrens Court; or the District Court; or a Magistrates Court; or the Supreme Court. court officer means— for a court that convicts a person who is an adult— for the District Court—the registrar of the court; or for a Magistrates Court—the clerk of the court; or for the Supreme Court—the registrar of the court; or for a court that convicts a person who is a child—the chief executive (justice); or for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 . first-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012 , schedule . start day means— for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or otherwise—the day on which this definition commences. s 43 sub 2014 No. 54 s 6 ; 2015 No. 30 s 6 amd 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 112B (sec.43-ssec.1) This section applies if— a court— convicts a person of an offence; or makes a protection order against a person; and for a person convicted of an offence who is a child—the person is not a first-time offender; and at least 1 of the following applies— the court was sitting in a welfare reform community area, Cooktown or Mossman; the court officer learns that the person lives, or at any time after the start day has lived, in a welfare reform community area; if the person is a child—the court officer learns that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area. (sec.43-ssec.2) The court officer must give the commission a notice (a court advice notice ) that states— if the court convicted the person of an offence— the offence that the person was convicted of; and the day on which the court convicted the person; and if the court made a protection order against the person— the conditions (if any) of the protection order; and the day on which the court made the protection order; and the person’s name and address; and information that identifies the court— that convicted the person; or made the protection order against the person; and information that identifies— the place where the conduct that is the subject of the conviction or protection order happened; or the welfare reform community area mentioned in subsection (1) (c) (ii) or (iii) . (sec.43-ssec.3) The court officer must give the notice as soon as practicable, but not more than 10 business days, after the later of the following— the court— convicts the person; or makes the protection order against the person; the court officer learns that the person or, if the person is a child, the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area; for a convicted person who is a child—the court officer learns that the person is not a first-time offender. (sec.43-ssec.4) A person who has gained, gains or has access to, confidential information relating to a child through involvement in the administration of the Youth Justice Act 1992 may disclose the information to the chief executive (justice) for the purpose of facilitating the giving of court advice notices. (sec.43-ssec.5) To remove any doubt, it is declared that, for the Youth Justice Act 1992 , section 301 , neither of the following is publication of identifying information about a child— giving a court advice notice under this section; disclosing confidential information under subsection (4) . (sec.43-ssec.6) In this section— chief executive (justice) means the chief executive of the department in which the Attorney-General Act 1999 is administered. conviction , in relation to a child, means a finding of guilt within the meaning of the Youth Justice Act 1992 . court means— the Childrens Court; or the District Court; or a Magistrates Court; or the Supreme Court. court officer means— for a court that convicts a person who is an adult— for the District Court—the registrar of the court; or for a Magistrates Court—the clerk of the court; or for the Supreme Court—the registrar of the court; or for a court that convicts a person who is a child—the chief executive (justice); or for a court that makes a protection order against a person—the clerk of the court within the meaning of the Domestic and Family Violence Protection Act 2012 . first-time offender , in relation to a child convicted of an offence, means a child who has not previously been convicted of an offence. protection order see the Domestic and Family Violence Protection Act 2012 , schedule . start day means— for subsection (1) (c) (iii) , in relation to a child convicted of an offence—28 November 2014; or otherwise—the day on which this definition commences.