Reportable Offender Legislation in Queensland

 

Overview

 

In Australia, persons convicted for offences involving children or child exploitation material will in most cases have their information recorded on the ‘National Child Offender System’ (‘NCOS’).[1]

 

Information for the NCOS is gathered by law enforcement for each state and territory. This occurs under legislation requiring offenders in each jurisdiction to report to law enforcement periodically.

 

In Queensland, the relevant legislation is the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) (‘the Act’).

 

Who is a ‘Reportable Offender’ in Queensland?

 

Section 5 of the Act defines a reportable offender as someone who is sentenced for a ‘reportable offence’.

 

A ‘reportable offence’ is defined[2] to include, summarily, any type of sexual offence involving a child, and any type of offence involving child exploitation material (computer games included). For a full list of offences, see Schedule 1 of the Act. Offences include:

  • Using the internet to procure a child;
  • Sexual assault;
  • Indecent treatment;
  • Grooming;
  • Carnal knowledge of a child;
  • Rape;
  • Maintaining a sexual relationship with a child;
  • Offences involving child exploitation material.

 

Even if a person is sentenced for a non-reportable offence, a Court may order that it be treated as a reportable offence if it is satisfied that the facts and circumstances constitute the elements of such.[3]

 

In some cases, a person who is sentenced for a reportable offence will not be deemed a reportable offender under the Act.[4] This can occur when:

  • A conviction is not recorded; or
  • The person is sentenced to a single offence and the sentence does not include a term of imprisonment; or
  • The person is sentenced to a single offence and the sentence does not include a requirement that they be supervised; or
  • The person was a child when they committed a single offence, and that single offence involved child exploitation material only.

 

Last, a person who is deemed a reportable offender in another state or territory will be a reportable offender in Queensland.[5]

 

Reporting obligations

 

Reportable offenders will receive a ‘Notice of Reportable Offender’s Reporting Obligation’ from Queensland Police, either after conviction or release from custody. An initial report must be made to police within seven days of receipt of the Notice.[6]

 

Though the initial report must generally be made in person, follow up reports may be made online or over the phone.[7]

 

Monthly reporting obligations begin after the initial report.[8] Reporting frequency can however vary from case to case, and can be altered by the Police Commissioner.[9] A reportable offender may seek to have a decision to increase his or her reporting frequency reviewed.[10]

 

Information to be reported

 

A reportable offender must confirm the accuracy of their personal details in each report, or advise of any changes. The information to be reported can vary, but generally will include details about:[11]

  • Place of residence;
  • Employment;
  • Vehicles registered in their name;
  • Telephone and internet accounts;
  • Any contact with children (regular or irregular, but not incidental); and
  • Any intended travel outside Queensland, or Australia.

 

Record of information reported, and rights in relation to same

 

All information reported under the Act is recorded on the NCOS.

 

Reportable offenders may request copies of all reportable information in relation to them held on the NCOS. The Police Commissioner must provide this information upon request.[12]

 

Reportable offenders may also request that the Police Commissioner amend any reportable information held on the register in relation to the offender, that is incorrect. The Police Commissioner must comply with the request upon being satisfied that the information is incorrect.[13]

 

Reporting period

 

Reporting periods are five years, ten years or indefinitely.

 

A person’s reporting period will vary according to the type of offence committed and whether further offences are committed thereafter. In summary:[14]

 

  • A five year reporting period will apply where a person was found guilty of one offence, or found guilty of multiple offences dealt with simultaneously by the Court.

 

  • A ten year reporting period will apply where a person was convicted of one or more reportable offences and convicted of one further reportable offence thereafter.

 

  • An indefinite reporting period of will apply where a person was convicted of one or more reportable offences and convicted of more than one reportable offence thereafter.

 

Suspension of reporting obligations

 

A reportable offender may apply in writing to the Police Commissioner for a suspension of their reporting obligations under the Act.[15]

 

A suspension will only be granted if the Police Commissioner is satisfied that the reportable offender does not pose a risk to the lives or sexual safety of one or more children, or of children generally. Further considerations apply where the reportable offender has a cognitive or physical impairment, or a mental illness.[16]

 

A reportable offender may seek to review a decision of the Police Commissioner to refuse to suspend reporting obligations.[17]

 

Offences for non-compliance

 

A failure to comply with reporting conditions without reasonable excuse is a crime under the Act. A penalty of up to 300 penalty units or 5 years imprisonment may be imposed.[18]

 

It should be noted that a conviction for an offence of noncompliance may also act to further penalise a reportable offender where it occurs in breach of parole, or a suspended sentence.

 

Other infringements

 

Reportable offenders must obtain the permission of the Queensland Police Service to travel outside of Australia, or face criminal charges.[19] A written application to this effect must be made.

 

Finally, the Queensland Police Service may request that the Department of Foreign Affairs and Trade cancel a reportable offender’s passport, or refuse application for same.[20]

 

Conclusion

 

Persons convicted for sexual offences involving children or child exploitation material in Queensland will, in most cases, be deemed a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld).

 

Reportable offenders are required to report periodically to the Queensland Police Service. These reporting obligations can last for five years, ten years or indefinitely. Reportable offenders may apply to the Police Commissioner to have their reporting obligations suspended, and can seek review of a decision to refuse same.

 

The information to be reported ranges from personal information to information about contact with children. All information reported under the Act is recorded on the NCOS. Reportable offenders can access, through the Police Commissioner, information on the NCOS as it relates to them. They may also request that information on the NCOS be corrected.

 

Lastly, reportable offenders must obtain permission from the Queensland Police Service to travel outside of Australia by way of written application. The Queensland Police Service may request that DFAT cancel a reportable offender’s passport, or refuse an application for same.

 

How can ROG help?

 

The team at Robertson O’Gorman is experienced in this area of law. We understand the complexities of this legislation and the very real impact it has on those to which it applies.

 

If you have been charged with a relevant offence, or would like assistance navigating your rights under this Act, please contact our office on (07) 3034 0000.

 

[1] The NCOS incorporates two registers of information: the ‘Australian National Child Offender Register’ and the ‘Managed Person System’. These two registers hold information about current reportable offenders, past reportable offenders and those who were charged with child sex offences but never convicted.

[2] Section 9. See also Schedule 1.

[3] Section 5A; section 9(c).

[4] See s 5(2)(a)-(iv).

[5] Section 5(1)(b) and (c).

[6] See Part 4, sections 14 – 19.

[7] Section 26.

[8] Section 19(1).

[9] Section 19(2).

[10] Schedule 4.

[11] See sections 18 – 24.

[12] Section 73(1).

[13] Section 73(4).

[14] Section 36.

[15] Section 67D(1).

[16] See Section 67D(5)(b) and (c).

[17] Schedule 4.

[18] Section 50.

[19] Criminal Code Act 1995 (Cth), s 271A.1.

[20] Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017 (Cth).