Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 (Qld)

An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, the Child Protection (Offender Reporting and Offender Prohibition Order) Regulation 2015 and the Police Powers and Responsibilities Act 2000 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2022.

Part 2 Amendment of Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

2 Act amended This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

3 Replacement of pt 3 (Offender reporting orders) Part 3— omit, insert—

Part 3 Offender reporting orders

Division 1 Making offender reporting orders

12A Offender reporting order defined An offender reporting order is an order made against a person that the person comply with the reporting obligations imposed on a reportable offender under this Act.

12B Making offender reporting order—conviction for offence other than prescribed offence (1) This section applies if a court— (a) finds a person guilty of an offence other than a prescribed offence; and (b) records a conviction and imposes a sentence for the offence. Note— For when no conviction is recorded, see the Penalties and Sentences Act 1992, section 12 and the Youth Justice Act 1992, section 183. (2) The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D— (a) the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or (b) for a person convicted of a child abduction offence— (i) the context in which the offence was committed was not familial; and (ii) it is appropriate in the circumstances to make the order. Example of circumstances in which it is appropriate to make the order— The commission of the offence was not merely incidental. (3) For subsection (2)(a), it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.