Child Protection Offender Register


AITKEN WHYTE LAWYERS BRISBANE

CRIMINAL DEFENCE LAWYERS AND SOLICITORS FOR BRISBANE AND SOUTH EAST QUEENSLAND

Child Protection Offender Register – Queensland

Parliament established the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004. This Act then established the Child Protection Offender Reporting scheme in QLD.

The purpose of the Act is to:

  • provide for the protection of the lives of children and their safety;
  • keep police informed of the whereabouts of reportable offenders in the community;
  • keep police informed of the personal details of reportable offenders in the community;
  • reduce the likelihood that convicted offenders will re-offend; and
  • facilitate the investigation and prosecution of any future offences by a convicted offender.

In Queensland, police manage the Child Protection Offender Reporting scheme. This places those convicted of certain offences on the Child Protection Offender Registry. Relevant offences are generally offences considered to be child sex offences. Placement on the Child Protection Offender Registry classifies you as a “reportable offender“.

Reportable Offences

Reportable offences” which will place a convicted person on the Register include:

  • incest;
  • rape;
  • sexual assault;
  • carnal knowledge of a child;
  • using the internet to procure a child;
  • grooming;
  • maintaining a sexual relationship with a child
  • indecent treatment of a child; and
  • offences involving child exploitation material (CEM), such as possessing child exploitation material.

Generally, police will place any person convicted of these offences on the Register. That person then becomes a reportable offender.

Reporting

A reportable offender will receive a “Notice of Reportable Offender’s Reporting Obligations”. They must make an initial report to the police station within 7 days of receiving the Notice.

Police will issue the Notice following a person’s:

  • conviction; and, if applicable
  • release from custody.

During the initial report, which is usually made in person, the police will explain:

  • the obligations required of the offender; and
  • the consequences of not complying.

After the initial report, a person can often make subsequent reports over the phone or online.

What Are the Usual Reporting Obligations?

The obligations will vary from case to case. The typical obligation is that a person must make periodic reports confirming:

  • their details (such as their residential address);
  • contact they have with any child;
  • details of any proposed travel outside of Queensland or Australia;
  • their employment details;
  • details of any vehicles registered to them;
  • details relating to their internet accounts (including both email and social media);
  • details relating to their telephone services;
  • details of any regular contact that occurs with children (such as family members); and
  • details of any memberships with a club (such as a sports club) that also has child members.

When a person’s details change, they must make a report to the police:

  • within 24 hours if it involves reportable contact with a child; or otherwise
  • within 7 days for all other changes.

If an offender intends on leaving QLD or Australia, they must report this at least 7 days before leaving QLD.

A person may need to report some changes within a different timeframe. As such, you should refer to your specific reporting conditions.

Reporting Contact with Children

Reportable contact with children includes:

  • physical contact;
  • verbal or written contact; or
  • supervising or caring for a child.

It does not include incidental contact.

Our lawyers suggest that the best practice is to over-report. This can avoid any issues or potential charges.

How Long Is a Person on The Register?

The length of time that a person is on the Register depends on the offences and when they committed them. A reportable offender must generally comply with their obligations for the below periods.

Circumstances Of the Offence(s)

Period As a Reportable Offender

The reportable offender was:
a) found guilty of one offence; or
b) found guilty of multiple offences which the Court dealt with at the same time.

5 years
The reportable offender was:
a) convicted of one or more reportable offences; and
b) subsequently convicted of one further reportable offence.

10 years
The Reportable Offender was:
a) convicted of one or more reportable offences; and
b) subsequently convicted of more than one new reportable offence.

Indefinitely
Length Of Reporting Period

Failing To Comply

Failing to comply with your requirements and obligations is an offence. This offence carries a maximum penalty of 5 years imprisonment.

Police can charge a person with:

  • failing to comply with reporting obligations;
  • providing false or misleading information;
  • failing to comply with a prohibition order; or
  • failing to provide police with access to digital devices if required.

If police charge you with failing to comply with your obligations, it is important to speak to a lawyer. Seeking legal advice at an early opportunity can help to ensure you do not do prejudice your rights.

Our team of Brisbane criminal lawyers can:

  • discuss your circumstances with you;
  • provide you with your options; and
  • defend your rights in Court.

Focused On Results

It is essential you have experienced solicitors when dealing with offences involving children. You should also know the consequences of a conviction for such offences.

Our Brisbane criminal defence lawyers can explain your rights and obligations. We can also represent you for any breach charges to get the best possible result.

Aitken Whyte Lawyers Brisbane are focused on results. Our solicitors can assist you with all criminal matters. Call us on 07 3229 4459 to discuss your needs.

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au