In Queensland, the relevant piece of legislation establishing Queensland’s part of the Australian Child Protection Offender Reporting scheme is the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
The Act aims at requiring persons convicted of child sex offences and other serious offences involving children to report things to police. Such information includes the whereabouts of the person and their personal details.
The aim of the register is preventing the likelihood of a convicted offender re-offending when released back into the community. It aims at assisting police with investigating new offences in the future and prosecuting individuals.
In 2014, the law was changed to allow registered sex offenders to report electronically online.
Only persons or classes of persons approved by the Queensland Police Commissioner are allowed to access the sex offender register.
PRESCRIBED OFFENCES
The law says you will become a reportable sex offender if you are sentenced for a reportable offence, which includes a prescribed offence under the Act involving a child.
Schedule 1 of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 lists the prescribed offences under the Act. The prescribed offences include, but are not limited to the following offences under the Queensland Criminal Code when they involve a child:
- Abuse of persons with an impairment of the mind.
- Procuring young person etc. for carnal knowledge.
- Procuring sexual acts by coercion etc.
- Conspiracy to defile.
- Incest.
- Obscene publications and exhibitions.
- Procuring engagement in prostitution.
- Knowingly participating in provision of prostitution.
- Persons found in places reasonably suspected of being used for prostitution etc.
- Permitting young person etc. to be at place used for prostitution.
- Unlawful homicide in circumstances that amount to murder
- Rape.
- Attempt to commit rape.
- Assault with intent to commit rape.
- Sexual assaults.
A person can be included in the sex offender register if they are convicted of any offence and the Court makes a Reporting Order.
REPORTING PERIOD
The law states the period a person deemed a “reportable offender” must comply with reporting obligations. The period depends on the number of offences the offender is sentenced for.
The reporting period is 5 years if the offender:
1. Has been found guilty of 1 reportable offence; and
2. none of the circumstances applicable to the 10 year and life reporting periods apply.
The reporting period is 10 years if the offender:
1. Has been found guilty of 1 or more reportable offences; and
2. Has been given notice of their obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 or a corresponding Act; and
3. After being given the notice referred to above at 2, is found guilty of 1 single further reportable offence.
The reporting period is Life if the offender:
1. Has been found guilty of 1 or more reportable offences; and
2. Has been given notice of their obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 or a corresponding Act; and
3.After being given the notice referred to above at 2, is found guilty of more than 1 further reportable offence.
OFFENDER DETAILS TO BE REPORTED
The law requires a reportable offender to report the following information:
1. The reportable offender’s—
(a) name; and
(b) if the offender is, or has previously been, known by
another name—
(i) each other name; and
(ii) the period during which the offender was known by each other name.
2. The reportable offender’s date and place of birth.
3. Details of any tattoos or permanent distinguishing marks that the reportable offender has, including details of any tattoo or mark that has been removed or changed.
4. Details of—
(a) any premises where the reportable offender generally resides; or
(b) if the offender does not generally reside at particular premises—each locality where the offender can generally be found.
5. If, since a reportable offender last reported the offender’s personal details under this Act, the offender has stopped generally residing at particular premises and has not started generally residing at other premises—
(a) a statement that the offender has stopped generally residing at the particular premises; and
(b) details of each locality where the offender can generally be found.
6. The following details, if known to the offender, for any child with whom the reportable offender has reportable contact—
(a) the child’s name and address;
(b) the child’s age and date of birth;
(c) the nature of the reportable contact;
(d) any telephone contact number for the child;
(e) any email address belonging to the child or to which the child has access.
7. If the reportable offender is employed—
(a) the nature of the employment; and
(b) if the offender is employed by an employer—the name of the employer; and
(c) the address or locality of each of the offender’s usual places of employment.
8. Details of any club or organisation of which the reportable offender is an associate, employee, member, official or subordinate that—
(a) has child members; or
(b) organises, supports or undertakes activities in which children participate; or
(c) directly supports the function or operation of a club or organisation of a type mentioned in paragraph (a) or (b).
9. The make, model, colour and registration number of any motor vehicle that the reportable offender
(a) owns; or
(b) has driven for at least 7 days, whether or not the days are consecutive, within a 1-year period.
10 Whether the reportable offender has ever been—
(a) subject to a corresponding offender reporting order; and
(b) if so, where and when the order was made.
11. Whether the reportable offender has ever been—
(a) found guilty in a foreign jurisdiction of a reportable offence, or an offence that required the offender to report to a corresponding registrar; and
(b) if so, where and when the finding was made.
12. If the reportable offender has been in government detention since the offender was sentenced or was released from government detention for a reportable offence or corresponding reportable offence—details of when and where the government detention occurred.
13. Details of any of the following used, or intended to be used, by the reportable offender
(a) a carriage service within the meaning of the Telecommunications Act 1997 (Cwlth), including—
(i) the name of the carriage service provider; and
(ii) any current telephone number for the service;
(b) an internet carriage service within the meaning of the Broadcasting Services Act 1992 (Cwlth), including—
(i) the name of the internet service provider; and
(ii) whether the connection is a wireless, broadband, ADSL or dial-up connection; and
(iii) any current telephone number for the service.
14. Details of any social networking site that the reportable offender joins, participates in or contributes to, or with which the offender registers or opens an account, including passwords for the registration or account.
15. Details of either of the following used, or intended to be used, by the reportable offender through the internet or another electronic communication service, including passwords—
(a) an email address;
(b) an internet user name, including a user name or identity associated with an instant messaging service, chat room or social networking site.
16. The passport number and country of issue of each passport held by the reportable offender.
17. For a reportable offender who is making the offender’s initial report and intends to travel outside Queensland, but within Australia, on an average of at least once a month (irrespective of the length of the period of travel)—
(a) the reason for travelling, in general terms; and
(b) the frequency and destinations of the travel, in general terms.
REPORTING OBLIGATIONS
A reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 who is sentenced for a reportable offence must report:
- within 7 days of being sentenced for the reportable offence; or
- if the person is in custody, within 7 days of being released from custody.
After the initial report to police a reportable offender is required to periodically report in the months of February, May, August and November until their reporting period ends. The law provides the police may require a person to periodically report more frequently.
If any of your personal details change you are required to report these within 24 hours or 7 days after the change happens. Your notice of reporting obligations specifies the relevant notice period for the type of change made.
If you are planning any form of travel this must be reported to police. Your notice of reporting obligations specifies the relevant time you must provide the notice.
PENALTIES
It is a criminal offence to not comply with any of the reporting obligations under the Act.
The maximum penalty for failing to comply with reporting obligations is 300 penalty units ($41,355.00) or 5 years imprisonment.
WHAT TO DO IF YOU ARE CHARGED WITH A REPORTABLE SEX OFFENCE?
If police charge you with a sex offence involving a child, you are in deep trouble. As you will have read, the consequences for you are serious. You need the experience of the Criminal Lawyers Brisbane Group in your corner fighting for you. Our criminal lawyers are highly trained and experienced in sexual offences.
If you or someone you know are facing a reportable sex offence charge, contact our Brisbane Criminal Lawyers now on (07) 3153 6215 for a free no-obligation chat.
