Community Protection (Offender Reporting) Act 2005 (Tas)

Community Protection (Offender Reporting) Act 2005

An Act to require certain offenders who commit sexual or certain other serious offences to keep police informed of their whereabouts and other personal details for a period of time (to reduce the likelihood that they will reoffend and to facilitate the investigation of any future offences that they may commit), to enable courts to make orders specifying certain offenders to be reportable offenders, and for related purposes [Royal Assent 15 December 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary matters

1. Short title This Act may be cited as the Community Protection (Offender Reporting) Act 2005 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the context otherwise requires – approved place means a place approved by the Registrar under section 20 ; authorised person means a police officer of a class prescribed by the regulations; child means a person who is under 18 years of age; Class 1 offence has the meaning given to that term in section 13 ; Class 2 offence has the meaning given to that term in section 14 ; Class 3 offence has the meaning given to that term in section 15 ; Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Service Act 2003 ; community order means – (a) a community service order or probation order made under the Sentencing Act 1997 ; or (b) a community service order or probation order made under the Youth Justice Act 1997 ; community protection order has the meaning given to that term in section 3A ; corresponding Act means a law of a foreign jurisdiction that – (a) provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and (b) is prescribed by the regulations to be a corresponding Act for the purposes of this Act; corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed by the regulations to be corresponding offender reporting orders for the purposes of this Act; corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Registrar under this Act; corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as referred to in section 12(a) , (b) or (c) ; corresponding reportable offender has the meaning given to that term in section 11 ; court includes a court (however described) of a foreign jurisdiction; detainee means a person who is subject to a detention order under section 47 of the Youth Justice Act 1997 ; existing controlled offender means a person who, as a result of having been sentenced for a reportable offence, is subject to a community order or parole or is under the supervision of a supervising authority immediately before the commencement of this Act and includes a person who was under similar supervision under the laws of a foreign jurisdiction and a person who was in government custody in respect of a reportable offence at that time; foreign jurisdiction means a jurisdiction other than Tasmania (including jurisdictions outside Australia); foreign witness-protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; government custody means – (a) custody as a prisoner or detainee or as a mentally impaired defendant where the order made under the Criminal Justice (Mental Impairment) Act 1999 requires the person to be detained in a secure mental health unit (or, in the case of an order made under Part 4 of that Act before 20 February 2006, detained in a special facility within the meaning of that Act as originally enacted) or to be kept in government custody; or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a) ; non-intimate forensic procedure means non-intimate forensic procedure as defined in the Forensic Procedures Act 2000 ; offender reporting order means an order made under section 6 , 7 or 9 and includes a corresponding offender reporting order; parole means parole under an order made under the Corrections Act 1997 and includes parole under an equivalent order made under the laws of a foreign jurisdiction; personal details means the information listed in section 17(1) ; personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information; prisoner has the meaning given to that term in the Corrections Act 1997 ; public authority means – (a) a State Service Agency; or (b) a council; or (c) any other body, whether incorporated or not, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State; Register means the Community Protection Offender Register established under section 43 ; Registrar means a police officer appointed to that position under section 42 ; reportable contact, in relation to a reportable offender's contact with a child, means the contact listed in section 17(4) ; reportable offence has the meaning given to that term in section 12 ; reportable offender has the meaning given to that term in section 5 ; reporting obligations, in relation to a reportable offender, means the obligations imposed on him or her by Part 3 ; reporting period means the period, as determined under Division 5 of Part 3 , during which a reportable offender must comply with his or her reporting obligations; sentence includes – (a) an exercise of power under section 7 of the Sentencing Act 1997 ; and (b) an exercise of power under section 47 of the Youth Justice Act 1997 ; and (c) an order made under the Criminal Justice (Mental Impairment) Act 1999 ; and (d) anything prescribed by the regulations to be a sentence for the purposes of this definition – and any sentence or equivalent exercise of power or order under the laws of a foreign jurisdiction; supervising authority, in relation to a class of reportable offenders, means the authority prescribed by the regulations as the supervising authority of that class of reportable offenders; young reportable offender means a reportable offender who is a child.