Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
COMMUNITY PROTECTION (OFFENDER
REPORTING) BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Interpretation
4. Other reference provisions
PART 2 OFFENDERS TO WHOM ACT APPLIES
5. Reportable offenders
6. Order requiring registration of offender
7. Reporting orders for other offences
8. Commissioner may apply for reporting order
9. Magistrate may make reporting order on application from
Commissioner
10. Matters to be taken into account
11. Corresponding reportable offenders
12. Reportable offences
13. Class 1 offences
14. Class 2 offences
15. Class 3 offences
[Bill 86]-I
PART 3 REPORTING OBLIGATIONS
Division 1 Report
16. Reporting obligations of reportable offenders
17. Report by reportable offender of personal details
Division 2 Ongoing reporting obligations
18. Reportable offender to report annually and as required by the
Registrar
19. Intended absence from Tasmania to be reported
Division 3 Provisions applying to all reporting obligations
20. Where reports must be made
21. Power to take photographs, fingerprints, &c.
22. Retention of material for certain purposes
Division 4 Suspension and extension of reporting obligations
23. Suspension and extension of reporting obligations
Division 5 Reporting period
24. Length of reporting period
25. Reduced period applies for young reportable offenders
26. Reporting period for corresponding reportable offenders
Division 6 Exemption from reporting obligations
27. Application of Division
28. Magistrate may exempt certain reportable offenders
29. Order for suspension
30. Commissioner and certain chief executive officers entitled to be
parties to proceedings
31. No costs to be awarded
32. Restriction on right of unsuccessful applicant to reapply for
order
Division 7 Offences
33. Failure to comply with reporting obligations
34. Providing false or misleading information
35. No time-limit for prosecutions
2
Division 8 Notification of reporting obligations
36. Notice to be given to reportable offender
37. Courts to provide details of orders to Commissioner
38. Supervising authority to notify Commissioner of certain events
Division 9 Modified reporting procedures for participants in witness
protection programs
39. Term used in this Division
40. Who this Division applies to
41. Report need not be made in person
PART 4 COMMUNITY PROTECTION OFFENDER REGISTER
42. Registrar
43. Requirement to establish and maintain Community Protection
Offender Register
44. Access to Register to be restricted
45. Confidentiality
PART 5 OTHER MATTERS
46. Certain Acts not to apply
47. Matters not to be heard in public
48. Protection from liability
49. Civil standard of proof
50. Certificate concerning evidence
51. Regulations
52. Minister to review and report on Act
53. Administration of Act
SCHEDULE 1 CLASS 1 OFFENCES
SCHEDULE 2 CLASS 2 OFFENCES
SCHEDULE 3 CLASS 3 OFFENCES
3
4
COMMUNITY PROTECTION (OFFENDER
REPORTING) BILL 2005
(Brought in by the Minister for Police and Public Safety, the
Honourable David Edward Llewellyn)
A BILL FOR
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
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.
[Bill 86] 5
s. 3 No. Community Protection (Offender 2005
Reporting)
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;
"corresponding Act" means a law of a
foreign jurisdiction that
6
2005 Community Protection (Offender No. s. 3
Reporting)
(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;
7
s. 3 No. Community Protection (Offender 2005
Reporting)
"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 Part 4 of the Criminal
Justice (Mental Impairment) Act
1999, as originally enacted,
requires the person to be detained
in a special facility or to be kept
in government custody; or
(b) custody under a law of a foreign
jurisdiction in the nature of
8
2005 Community Protection (Offender No. s. 3
Reporting)
custody referred to in
paragraph (a);
"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;
9
s. 3 No. Community Protection (Offender 2005
Reporting)
"Register" means the Community Protection
Offender Register established under
section 43;
"Registrar" means a police officer appointed
to that position under section 42;
"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 Part 4 of the
Criminal Justice (Mental
Impairment) Act 1999; and
10
2005 Community Protection (Offender No. s. 4
Reporting)
(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.
4. Other reference provisions
(1) For the purposes of this Act, offences arise from
the same incident only if they are committed
within a single period of 24 hours and against
the same person.
(2) A reference in this Act to doing a thing "in
person" is a reference to doing the thing by
personal attendance at a place, and it is not
sufficient to attend the place by telephone or by
any other electronic means.
11
s. 5 No. Community Protection (Offender 2005
Reporting)
PART 2 OFFENDERS TO WHOM ACT APPLIES
5. Reportable offenders
(1) A reportable offender is a person
(a) whom a court, on or after the
commencement of this Act, sentences for
a reportable offence; and
(b) in respect of whom the court makes an
order under section 6.
(2) A person is also a reportable offender if the
person was sentenced for a reportable offence
before the commencement of this Act and is an
existing controlled offender in respect of that
offence and is made subject to an order under
section 9.
(3) A person is also a reportable offender if the
person is subject to an order under section 7.
(4) A person who is a corresponding reportable
offender is also a reportable offender.
(5) A person ceases to be a reportable offender if
(a) the finding of guilt in respect of the only
offence that makes the person a
reportable offender for the purposes of
this Act is quashed or set aside by a
court; or
(b) the person is a reportable offender only
because he or she is subject to an
offender reporting order and that order is
quashed on appeal.
12
2005 Community Protection (Offender No. s. 6
Reporting)
(6) For the purposes of this section, it is irrelevant
whether or not a person may lodge, or has
lodged, an appeal in respect of a finding of guilt,
sentence or offender reporting order.
6. Order requiring registration of offender
(1) The court is to make an order directing that
(a) the Registrar cause the name of a person
whom the court sentences for a
reportable offence to be placed on the
Register; and
(b) the person comply with the reporting
obligations under this Act
unless the court is satisfied that the person does
not pose a risk of committing a reportable
offence in the future.
(2) The court is to make the order at the time the
person is sentenced for the reportable offence.
(3) For the purposes of subsection (1), it is not
necessary that the court be able to identify a risk
of offending against a particular person or
particular persons or a particular class of
persons.
7. Reporting orders for other offences
(1) If
(a) a court sentences a person for an offence
that is not a Class 1 offence, Class 2
offence or Class 3 offence; and
13
s. 7 No. Community Protection (Offender 2005
Reporting)
(b) apart from this section, that offence
would not result in the person becoming
a reportable offender
the court may make an order directing that
(c) the Registrar cause the name of the
person to be placed on the Register; and
(d) the person comply with the reporting
obligations under this Act
if the court is satisfied that the person poses a
risk of committing a reportable offence in the
future.
(2) For the purposes of subsection (1), it is not
necessary that the court be able to identify a risk
of offending against a particular person or
particular persons or a particular class of
persons.
(3) The court must make the order at the time the
person is sentenced for the offence.
(4) An application for the imposition of an order
under subsection (1) may be made by the
prosecution, but an application is not necessary
for the court to make the order.
(5) For the purposes of Division 5 of Part 3, a
person subject to an order made under this
section in respect of an offence that is not a
reportable offence is taken to have been
sentenced for a Class 2 offence when the order
was made.
14
2005 Community Protection (Offender No. s. 8
Reporting)
8. Commissioner may apply for reporting order
If
(a) a person has been sentenced before the
commencement of this Act for a Class 1
offence, a Class 2 offence or a Class 3
offence; and
(b) the person is not and has not been a
reportable offender in respect of that
offence
the Commissioner may apply to a magistrate for
an order that the person's name be placed on the
Register and that the person comply with the
reporting obligations under this Act.
9. Magistrate may make reporting order on
application from Commissioner
(1) In relation to an application under section 8, the
magistrate may make an order that a person
comply with the reporting obligations under this
Act if the magistrate is satisfied that the person
poses a risk of committing a reportable offence
in the future.
(2) For the purposes of subsection (1), it is not
necessary that the magistrate be able to identify a
risk of offending against a particular person or
particular persons or a particular class of
persons.
(3) For the purposes of Division 5 of Part 3, a
person subject to an order made under this
section is taken to have been sentenced for a
Class 2 offence.
15
s. 10 No. Community Protection (Offender 2005
Reporting)
10. Matters to be taken into account
(1) In deciding whether to make an order under
section 6 or 7 in relation to an offence, the court
may take into account the following:
(a) any evidence given during proceedings
for the offence;
(b) any document or record (including an
electronic document or record) served on
the offender by the prosecution;
(c) any statement tendered or deposition
made, or exhibit tendered, at any
proceedings in relation to the offence;
(d) any evidence given by a victim or the
offender in relation to the making of the
order;
(e) any pre-sentence report given to the
court;
(f) any victim impact statement given to the
court;
(g) any other matter the court considers
relevant.
(2) In deciding whether to make an order under
section 9, the magistrate may take into account
the following:
(a) any evidence given during proceedings in
relation to the offence referred to in
section 8(a);
16
2005 Community Protection (Offender No. s. 11
Reporting)
(b) any document or record (including an
electronic document or record) served on
the offender by the prosecution;
(c) any statement tendered or deposition
made, or exhibit tendered, at any
proceedings in relation to the offence
referred to in section 8(a);
(d) any evidence given by a victim or the
offender in relation to the making of the
order;
(e) any pre-sentence report given to the court
that sentenced the offender for the
offence referred to in section 8(a);
(f) any victim impact statement given to the
court that sentenced the offender for the
offence referred to in section 8(a);
(g) any other matter that the magistrate
considers relevant.
11. Corresponding reportable offenders
A corresponding reportable offender is a
person
(a) who had at any time (whether before, on
or after the commencement of this Act)
been in a foreign jurisdiction and at that
time had been required to report to the
corresponding registrar in that
jurisdiction; and
(b) who would, if he or she were currently in
that foreign jurisdiction, be required to
17
s. 12 No. Community Protection (Offender 2005
Reporting)
report to the corresponding registrar in
that jurisdiction for a longer period than
he or she would be required to report
under this Act.
12. Reportable offences
A reportable offence is
(a) a Class 1 offence; or
(b) a Class 2 offence; or
(c) a Class 3 offence; or
(d) an offence that results in the making of
an offender reporting order.
13. Class 1 offences
A Class 1 offence is
(a) an offence against a provision listed in
Schedule 1; or
(b) an offence under a law of a foreign
jurisdiction the elements of which, if
they had occurred in Tasmania, would
have constituted an offence of a kind
referred to in this section; or
(c) an offence an element of which is an
intention to commit an offence of a kind
referred to in this section; or
(d) an offence of attempting, or of
conspiracy or incitement, to commit an
18
2005 Community Protection (Offender No. s. 14
Reporting)
offence of a kind referred to in this
section; or
(e) an offence that, at the time it was
committed
(i) was a Class 1 offence for the
purposes of this Act; or
(ii) in the case of an offence
committed before the
commencement of this Act, was
an offence of a kind referred to in
this section.
14. Class 2 offences
A Class 2 offence is
(a) an offence against a provision listed in
Schedule 2; or
(b) an offence under a law of a foreign
jurisdiction the elements of which, if
they had occurred in Tasmania, would
have constituted an offence of a kind
referred to in this section; or
(c) an offence an element of which is an
intention to commit an offence of a kind
referred to in this section; or
(d) an offence of attempting, or of
conspiracy or incitement, to commit an
offence of a kind referred to in this
section; or
19
s. 15 No. Community Protection (Offender 2005
Reporting)
(e) an offence that, at the time it was
committed
(i) was a Class 2 offence for the
purposes of this Act; or
(ii) in the case of an offence
committed before the
commencement of this Act, was
an offence of a kind referred to in
this section.
15. Class 3 offences
A Class 3 offence is
(a) an offence against a provision listed in
Schedule 3; or
(b) an offence under a law of a foreign
jurisdiction the elements of which, if
they had occurred in Tasmania, would
have constituted an offence of a kind
referred to in this section; or
(c) an offence an element of which is an
intention to commit an offence of a kind
referred to in this section; or
(d) an offence of attempting, or of
conspiracy or incitement, to commit an
offence of a kind referred to in this
section; or
(e) an offence that, at the time it was
committed
20
2005 Community Protection (Offender No. s. 15
Reporting)
(i) was a Class 3 offence for the
purposes of this Act; or
(ii) in the case of an offence
committed before the
commencement of this Act, was
an offence of a kind referred to in
this section; or
(f) an offence against section 158 of the
Criminal Code if there are reasonable
grounds to believe that, in the course of
or as part of the events surrounding the
commission of that offence, an offence
specified in Schedule 1, 2 or 3 was
committed by the offender.
21
s. 16 No. Community Protection (Offender 2005
Reporting)
PART 3 REPORTING OBLIGATIONS
Division 1 Report
16. Reporting obligations of reportable offenders
A reportable offender must report to the
Registrar or an authorised officer
(a) within 7 days of the court making an
order under section 6 or 7 or a magistrate
making an order under section 9; or
(b) if the offender is not a corresponding
reportable offender and is in government
custody, within 7 days after he or she
ceases to be in government custody; or
(c) if the offender is a corresponding
reportable offender, within 7 days of
arriving in Tasmania if he or she intends
to remain in Tasmania for 14 days or
more; or
(d) if the reportable offender intends to leave
Tasmania for 7 or more consecutive
days, no later than 7 days before leaving
Tasmania; or
(e) if the reportable offender has been absent
from Tasmania for any period, within 7
days of entering Tasmania; or
(f) any changes to his or her personal details
within 7 days of the change of those
details; or
22
2005 Community Protection (Offender No. s. 17
Reporting)
(g) any changes to his or her personal details
which have occurred whilst absent from
Tasmania within 7 days of entering
Tasmania.
17. Report by reportable offender of personal details
(1) The details the reportable offender must report
are
(a) his or her name, together with any other
name by which he or she is, or has
previously been, known; and
(b) in respect of each name other than his or
her current name, the period during
which he or she was known by that other
name; and
(c) his or her date of birth; and
(d) the address of each of the premises at
which he or she generally resides; and
(e) the names and ages of any children who
generally reside in the same premises as
that in which he or she generally resides,
or with whom he or she has regular
unsupervised contact; and
(f) if he or she is employed
(i) the nature of his or her
employment; and
(ii) the name of his or her employer
(if any); and
23
s. 17 No. Community Protection (Offender 2005
Reporting)
(iii) the address of each of the
premises at which he or she is
generally employed or, if he or
she is not generally employed at
any particular premises, the name
of each of the localities in which
he or she is generally employed;
and
(g) details of his or her affiliation with any
club or organisation that has members
who are children or that conducts
activities in which children participate;
and
(h) the make, model, colour and registration
number of any motor vehicle owned by,
or generally driven by, him or her; and
(i) details of any tattoos or permanent
distinguishing marks (including details of
any tattoo or mark that has been
removed) and any surgery or cosmetic
procedure which has significantly altered
his or her appearance; and
(j) whether he or she has ever been found
guilty in any foreign jurisdiction of a
reportable offence or of an offence that
required him or her to report to a
corresponding registrar or been subject to
a corresponding offender reporting order
and, if so, where that finding occurred or
that order was made; and
(k) if he or she has been in government
custody since he or she was sentenced or
released from government custody (as
the case may be) in respect of a
24
2005 Community Protection (Offender No. s. 17
Reporting)
reportable offence or corresponding
reportable offence, details of when and
where that government custody occurred.
(2) For the purposes of this section, a person is taken
to be employed if he or she
(a) carries out work under a contract of
employment; or
(b) carries out work as a self-employed
person or as a subcontractor; or
(c) carries out work as a volunteer for an
organisation; or
(d) undertakes practical training as part of an
educational or vocational course; or
(e) carries out work as a minister of religion
or in any other capacity for the purposes
of a religious organisation.
(3) For the purposes of this section, a person is taken
to be an employer of a reportable offender if the
person
(a) arranges, in the course of business, for
the reportable offender to be employed
by another person; or
(b) engages the reportable offender under
contract to carry out work.
25
s. 18 No. Community Protection (Offender 2005
Reporting)
Division 2 Ongoing reporting obligations
18. Reportable offender to report annually and as
required by the Registrar
(1) A reportable offender must report to the
Registrar and provide his or her personal details
to the Registrar each year.
(2) The reportable offender must report to the
Registrar and provide his or her personal details
each year during the calendar month in which he
or she first reported in accordance with this Act
or a corresponding Act or at such other time as
directed by the Registrar.
19. Intended absence from Tasmania to be reported
(1) This section applies to a reportable offender who
intends to leave Tasmania for 7 or more
consecutive days to travel elsewhere.
(2) At least 7 days before leaving Tasmania, the
reportable offender must report the intended
travel to the Registrar and must provide details
of
(a) each State, Territory or country to which
he or she intends to go while out of
Tasmania; and
(b) the approximate dates of the periods
during which he or she intends to be in
each of those States, Territories or
countries; and
26
2005 Community Protection (Offender No. s. 20
Reporting)
(c) each address or location within each
State, Territory or country at which he or
she intends to reside (to the extent that
they are known) and the approximate
dates of the periods during which he or
she intends to reside at those addresses or
locations; and
(d) if he or she intends to return to
Tasmania, the approximate date on
which he or she intends to return; and
(e) if he or she does not intend to return to
Tasmania, a statement of that intention.
(3) A reportable offender who is out of Tasmania
and decides to change any details given to the
Registrar must, as soon as practicable, notify the
changed details to the Registrar.
(4) For the purposes of subsection (3), the reportable
offender must make the notification
(a) by facsimile or email sent to the
Registrar; or
(b) in any other manner permitted by the
Registrar.
Division 3 Provisions applying to all reporting obligations
20. Where reports must be made
(1) A report under this Part must be made in person
by the reportable offender at a place approved
(either generally or in a particular case) by the
Registrar.
27
s. 21 No. Community Protection (Offender 2005
Reporting)
(2) If a reportable offender is a child, or has a
disability or requires an interpreter, any parent,
guardian, carer or other person nominated by the
reportable offender may accompany the
reportable offender when the reportable offender
makes his or her report under this Part.
(3) Only the Registrar or an authorised person may
receive a report made under this Part.
21. Power to take photographs, fingerprints, &c.
(1) The Registrar or an authorised person may take,
or may cause to be taken by a person authorised
by him or her, the photograph or fingerprints of
the reportable offender or may require the
reportable offender to expose any part of his or
her body to enable that part of the body to be
photographed by the Registrar, authorised person
or person authorised by the Registrar or
authorised person.
(2) The Registrar or authorised person, on receipt of
a report made in person under this Part, may
require the reportable offender
(a) to be photographed; and
(b) to have his or her fingerprints taken; and
(c) to expose any part of his or her body to
enable that part of the body to be
photographed as provided under
subsection (1); and
(d) to present for inspection any form of
identification or other document, relating
to the identity of the reportable offender,
28
2005 Community Protection (Offender No. s. 22
Reporting)
or to verify or support details in the
report as specified by the Registrar or
authorised person.
(3) In order to exercise a power under this section,
the Registrar or an authorised person may
authorise the use of reasonable force to enable
the procedures to be carried out.
(4) The Registrar or an authorised person cannot,
under this section, require a reportable offender
to expose his or her genitals, the anal area of his
or her buttocks or, in the case of a female, her
breasts.
(5) The Registrar or an authorised person on receipt
of a report may copy any document presented to
the Registrar or authorised person for
inspection.
(6) Before attempting to exercise a power under this
section, the Registrar or an authorised person
must inform the reportable offender in language
likely to be understood by him or her that the
fingerprints or photographs will be retained by
the Commissioner.
22. Retention of material for certain purposes
The Commissioner may retain for law
enforcement, crime prevention or community
protection purposes any of the following taken
under this Division from, or in relation to, a
reportable offender:
(a) copies of any documents;
(b) any fingerprints;
29
s. 23 No. Community Protection (Offender 2005
Reporting)
(c) any photographs.
Division 4 Suspension and extension of reporting
obligations
23. Suspension and extension of reporting obligations
(1) Any obligation imposed on a reportable offender
by this Part is suspended for any period during
which he or she
(a) is in government custody; or
(b) is outside Tasmania, unless he or she is a
person to whom Division 9 applies or the
obligation is under section 19; or
(c) is the subject of an order made under
Division 6 (or an equivalent order in a
foreign jurisdiction).
(2) The period for which a reportable offender's
reporting obligations continue is extended by
any length of time for which those obligations
are suspended under subsection (1)(a).
Division 5 Reporting period
24. Length of reporting period
(1) A reportable offender must continue to comply
with the reporting obligations imposed by this
Part for such period not exceeding 8 years as is
determined by the court, if he or she has been
sentenced for not more than one Class 1 offence.
30
2005 Community Protection (Offender No. s. 25
Reporting)
(2) A reportable offender must continue to comply
with the reporting obligations imposed by this
Part for such period not exceeding 15 years as is
determined by the court, if he or she
(a) has been sentenced for not more than one
Class 2 offence or not more than one
Class 3 offence; or
(b) has been sentenced for more than one
Class 1 offence.
(3) A reportable offender must continue to comply
with the reporting obligations imposed by this
Part for the remainder of his or her life or such
lesser period as is determined by the court, if he
or she is a reportable offender in respect of
(a) an offence under section 158 of the
Criminal Code; or
(b) a Class 3 offence, and he or she then
commits and is sentenced for a Class 2
offence or a Class 3 offence.
(4) A reference in this section to an offence includes
an offence committed before the commencement
of this Act.
25. Reduced period applies for young reportable
offenders
(1) The reporting periods specified in section 24 do
not apply to a person who was a child at the time
when he or she committed each relevant offence.
(2) Instead, a reporting period that is half the
reporting period that would otherwise apply to
31
s. 26 No. Community Protection (Offender 2005
Reporting)
the person under section 24 (or 7½ years in the
case of a reporting period for life) applies to him
or her.
26. Reporting period for corresponding reportable
offenders
(1) Despite anything in this Part, a corresponding
reportable offender must continue to comply
with the reporting obligations imposed by this
Part for the longer period (the "recognised
foreign reporting period") referred to in
section 11(b).
(2) For the purposes of this section, if a
corresponding reportable offender is a
corresponding reportable offender under the
laws of more than one jurisdiction, the
recognised foreign reporting period is the longest
period for which he or she would be required to
report to the corresponding registrar of a foreign
jurisdiction.
Division 6 Exemption from reporting obligations
27. Application of Division
(1) Subject to subsection (2), this Division applies to
a reportable offender who is required to comply
with the reporting obligations imposed by this
Part.
(2) This Division does not apply to a reportable
offender who is required to comply with those
obligations for the remainder of his or her life as
a result of being found guilty of
32
2005 Community Protection (Offender No. s. 28
Reporting)
(a) an offence under section 158 of the
Criminal Code; or
(b) an offence under a law of a foreign
jurisdiction the elements of which, if
they had occurred in Tasmania, would
have constituted an offence of the kind
referred to in paragraph (a).
28. Magistrate may exempt certain reportable
offenders
(1) A reportable offender who is required to comply
with the reporting obligations imposed by this
Part for the remainder of his or her life may
apply to a magistrate for an order suspending his
or her reporting obligations if
(a) a period of 15 years has passed (ignoring
any period during which the reportable
offender was in government custody)
since he or she was last sentenced or
released from government custody in
respect of a reportable offence or a
corresponding reportable offence,
whichever is later; and
(b) he or she did not become the subject of a
lifelong reporting period under a
corresponding Act while in a foreign
jurisdiction before becoming the subject
of such a period in Tasmania; and
(c) he or she is not on parole in respect of a
reportable offence.
(2) A reportable offender, other than a reportable
offender referred to in subsection (1), may apply
33
s. 29 No. Community Protection (Offender 2005
Reporting)
to a magistrate for an order suspending his or her
reporting obligations if
(a) the reportable offender has complied
with the reporting obligations imposed
on the offender for at least three-quarters
of the period for which the offender was
required to meet those obligations; and
(b) he or she is not on parole in respect of a
reportable offence.
29. Order for suspension
(1) On an application under section 28, a magistrate
may make an order suspending the reportable
offender's reporting obligations.
(2) A magistrate may make the order only if he or
she is satisfied that the reportable offender does
not pose a risk of committing a reportable
offence in the future.
30. Commissioner and certain chief executive officers
entitled to be parties to proceedings
(1) In this section
"relevant authority" means
(a) the Commissioner; or
(b) the secretary of the responsible
Department in relation to the
Children, Young Persons and
Their Families Act 1997; or
34
2005 Community Protection (Offender No. s. 30
Reporting)
(c) the secretary of the responsible
Department in relation to the
Corrections Act 1997; or
(d) the Director of Public
Prosecutions.
(2) Each relevant authority is entitled to be a party
to any proceedings for an order under this
Division and may make submissions in
opposition to, or in support of, the making of the
order.
(3) As soon as is practicable after receiving an
application under this Division, the magistrate
must cause the Commissioner to be notified of
the application.
(4) For the purposes of preparing submissions, a
relevant authority may, by notice in writing,
direct any public authority to provide to the
relevant authority, on or before a day specified
in the notice, any information held by the public
authority that is relevant to an assessment of
whether the applicant poses a risk to the lives or
the sexual safety of one or more persons, or
persons generally.
(5) A public authority to which a direction under
subsection (4) is given is authorised and required
to provide to the relevant authority the
information sought by the direction.
(6) A public authority is not required to give
information that is subject to legal professional
privilege.
35
s. 31 No. Community Protection (Offender 2005
Reporting)
31. No costs to be awarded
A magistrate must not award costs in respect of
proceedings under this Division.
32. Restriction on right of unsuccessful applicant to
reapply for order
A reportable offender in respect of whom a
magistrate refuses to make an order under this
Division cannot make a further application to the
magistrate until 5 years have elapsed from the
date of the refusal, unless the magistrate
otherwise orders at the time of the refusal.
Division 7 Offences
33. Failure to comply with reporting obligations
A reportable offender who, without reasonable
excuse, fails to comply with any of his or her
reporting obligations commits an offence.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months, or both.
34. Providing false or misleading information
A person who, in purported compliance with this
Part, provides information that the person knows
to be false or misleading in a material particular
commits an offence.
36
2005 Community Protection (Offender No. s. 35
Reporting)
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months, or both.
35. No time-limit for prosecutions
Proceedings for an offence against this Act may
be commenced at any time.
Division 8 Notification of reporting obligations
36. Notice to be given to reportable offender
A court must provide a reportable offender with
written notice of
(a) his or her reporting obligations; and
(b) the consequences that may arise if he or
she fails to comply with those, or any of
those, obligations.
37. Courts to provide details of orders to Commissioner
(1) In this section
"court" does not include a court of a foreign
jurisdiction.
(2) This section applies if a court
(a) makes an order in relation to a person
with the effect of making the person a
reportable offender for the purposes of
this Act; or
37
s. 38 No. Community Protection (Offender 2005
Reporting)
(b) makes an order in relation to a reportable
offender with the effect of removing the
person from the ambit of this Act.
(3) The court must provide details of the order to the
Commissioner as soon as is practicable after the
order is made.
38. Supervising authority to notify Commissioner of
certain events
(1) As soon as is practicable before a reportable
offender ceases to be in government custody, the
supervising authority must give written notice to
the Commissioner of that fact.
(2) For the purposes of subsection (1), the
Commissioner may inform a supervising
authority whether or not a person is a reportable
offender.
Division 9 Modified reporting procedures for participants
in witness protection programs
39. Term used in this Division
In this Division
"witness protection program" has the
meaning given to the term "Tasmanian
witness protection program" in section 3
of the Witness Protection Act 2000.
38
2005 Community Protection (Offender No. s. 40
Reporting)
40. Who this Division applies to
(1) This Division applies to a reportable offender
who is a participant in a witness protection
program.
(2) This Division also applies to a reportable
offender who is receiving protection under a
foreign witness protection law specified by the
regulations for the purposes of this subsection, or
who has the same status as such a person under
an order made under a corresponding Act
specified by the regulations for the purposes of
this subsection.
41. Report need not be made in person
It is sufficient compliance with the requirements
of this Part
(a) if a person to whom this Division applies
reports the information he or she is
required to report under this Part
(i) to the extent that that information
is required by the Commissioner
to be reported by the person; and
(ii) at the times, and in a manner,
authorised by the Commissioner
for the purposes of this section;
and
(b) if the acknowledgment of the making of
a report is given in a manner approved by
the Commissioner.
39
s. 42 No. Community Protection (Offender 2005
Reporting)
PART 4 COMMUNITY PROTECTION OFFENDER
REGISTER
42. Registrar
The Commissioner may appoint a police officer
to be the Registrar.
43. Requirement to establish and maintain Community
Protection Offender Register
(1) The Commissioner must establish and maintain a
Community Protection Offender Register or
arrange with another person for the
establishment and maintenance of a Community
Protection Offender Register on his or her
behalf.
(2) The Register must contain the following
information in respect of each reportable
offender (to the extent that it is known by the
Registrar):
(a) the reportable offender's name, address
and date of birth;
(b) details of each Class 1 offence, Class 2
offence or Class 3 offence of which the
reportable offender has been found
guilty;
(c) details of each offence of which the
reportable offender has been sentenced
that resulted in the making of an offender
reporting order;
40
2005 Community Protection (Offender No. s. 44
Reporting)
(d) the date on which an order under this Act
or the date on which a corresponding
offender reporting order was made in
respect of the reportable offender;
(e) the date on which the reportable offender
ceased to be in government custody in
respect of a reportable offence, or entered
or ceased to be in government custody in
respect of any other offence during his or
her reporting period;
(f) any information reported in respect of the
reportable offender under Part 3;
(g) any other information that the Registrar
considers appropriate to include in the
Register.
44. Access to Register to be restricted
(1) The Register, or any part of the Register, is only
to be accessed by a person who is authorised to
do so by the Commissioner.
(2) Personal information in the Register is only to be
disclosed by a police officer with access to the
Register, or the relevant part of the Register, in
circumstances authorised by the Commissioner
or as otherwise required or authorised by or
under any written or other law.
(3) Personal information in the Register that is to be
disclosed under subsection (2) otherwise than to
a police officer or a law enforcement agency
may only be disclosed by the Commissioner or
the Registrar.
41
s. 45 No. Community Protection (Offender 2005
Reporting)
(4) In subsection (3)
"law enforcement agency" means
(a) the Commissioner of the
Australian Federal Police; or
(b) the Commissioner (however
designated) of the police force of
another State or a Territory or
another country.
(5) For the purposes of this section, the Register
includes any information from any register
maintained under a corresponding Act that is
accessible by the Commissioner, whether or not
that information is contained in the Register.
(6) This section has effect despite any written or
other law to the contrary.
45. Confidentiality
(1) Except as otherwise provided by this section, a
person who has access to any information
contained in the Register must not intentionally
disclose or cause the disclosure of that
information.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 2 years, or both.
(2) A person may only disclose information
contained in the Register in one or more of the
following cases:
(a) in the course of the person's duty;
42
2005 Community Protection (Offender No. s. 45
Reporting)
(b) for the purposes of the investigation of
any offences or other offences generally;
(c) as required or authorised by or under this
Act or another written law;
(d) for the purpose of proceedings for an
offence under this Act;
(e) with the written authority of the Minister
or the person to whom the information
relates;
(f) in other circumstances prescribed by the
regulations.
(3) The prohibition in subsection (1) extends to the
giving of evidence or the production of a book,
document or record in civil proceedings in a
court or tribunal.
43
s. 46 No. Community Protection (Offender 2005
Reporting)
PART 5 OTHER MATTERS
46. Certain Acts not to apply
The Freedom of Information Act 1991 does not
apply to any document or information referred to
in this Act.
47. Matters not to be heard in public
Proceedings in relation to any matter under this
Act must be heard in the absence of the public
unless the court otherwise determines.
48. Protection from liability
(1) An action in tort does not lie against a person for
anything that the person has done, in good faith,
in the performance or purported performance of
a function under this Act.
(2) The State is relieved of any liability that it might
otherwise have had for another person having
done anything as described in subsection (1).
(3) The protection given by this section applies even
though the thing done as described in
subsection (1) may have been capable of being
done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of
anything includes a reference to the omission to
do anything.
44
2005 Community Protection (Offender No. s. 49
Reporting)
49. Civil standard of proof
When a court is determining whether it is
satisfied as to a matter for the purposes of
making an order under this Act, the standard of
proof is proof on the balance of probabilities.
50. Certificate concerning evidence
(1) In this section
"specified" means specified in the relevant
certificate.
(2) In proceedings under this Act, a certificate
signed by the Commissioner certifying that the
Register
(a) at any particular date contained specified
information; or
(b) indicated that, during any particular
period, a specified person failed to notify
information as required by this Act
is evidence, and in the absence of evidence to the
contrary is proof, of the matters stated in the
certificate.
(3) For the purposes of this Act, a certificate that
would be evidence under a corresponding Act
that at a specified time, or during a specified
period, a person was required to report to a
corresponding registrar under that Act is
evidence, and in the absence of evidence to the
contrary is proof, of the matters stated in the
certificate.
45
s. 51 No. Community Protection (Offender 2005
Reporting)
51. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Commissioner.
52. Minister to review and report on Act
(1) The Minister must carry out a review of the
operation and effectiveness of this Act as soon as
is practicable after the fifth anniversary of the
commencement of this Act.
(2) The Minister must prepare a report based on the
review and, as soon as is practicable after the
report is prepared, must cause it to be laid before
each House of Parliament.
53. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Police and Public
Safety; and
(b) the department responsible to that
Minister in relation to the administration
46
2005 Community Protection (Offender No. s. 53
Reporting)
of this Act is the Department of Police
and Public Safety.
47
sch. 1 No. Community Protection (Offender 2005
Reporting)
SCHEDULE 1 CLASS 1 OFFENCES
Section 13
Enactment Description of offence
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995
Section 74A Possessing, accessing or
attempting to access child
exploitation material
Criminal Code
Section 125D(3) Making a communication with
intention of exposing a person
under the age of 17 years to
indecent material
Section 130C Possessing child exploitation
material
Section 130D Accessing child exploitation
material
Section 137 Charge Indecency
Section 138 Exhibiting obscene matter
Customs Act 1914 of the
Commonwealth
Section 233BAB Special offences relating to tier 2
goods (if the offence involves
items of child pornography or of
child exploitation material)
Police Offences Act 1935
48
2005 Community Protection (Offender No. sch. 1
Reporting)
Enactment Description of offence
Section 7A Loitering near children
Section 8(1A)(a) Exposing person
Section 35(3) Assaulting with indecent intent
49
sch. 2 No. Community Protection (Offender 2005
Reporting)
SCHEDULE 2 CLASS 2 OFFENCES
Section 14
Enactment Description of offence
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995
Section 72A Making or reproducing child
exploitation material, causing or
permitting child exploitation
material to be made or being in
any way involved in the making
or reproduction of child
exploitation material
Section 73A Distributing child exploitation
material or facilitating the
distribution of child exploitation
material
Crimes Act 1914 of the
Commonwealth
Section 50BC Sexual conduct involving child
under 16 years of age
Section 50BD Inducing child under 16 years of
age to be involved in sexual
conduct
Section 50DA Benefiting from offence against
Part IIIA
Section 50DB Encouraging offence against
Part IIIA
Criminal Code
50
2005 Community Protection (Offender No. sch. 2
Reporting)
Enactment Description of offence
Section 124 Sexual intercourse with a young
person under the age of 17 years
Section 125 Permitting unlawful sexual
intercourse with a young person
on premises
Section 125A Maintaining sexual relationship
with young person under the age
of 17 years
Section 125B Indecent act with or directed at
young person under the age of
17 years
Section 125C(3) Procuring indecent act by, or
with, young person
Section 126 Sexual intercourse with person
with mental impairment
Section 127(1) Indecent assault
Section 127A(1) Aggravated sexual assault
Section 130A Producing child exploitation
material
Section 130B(1) Distributing child exploitation
material
Section 133(1) Incest
Section 139(b) Interfering (indecently) with
human remains
51
sch. 2 No. Community Protection (Offender 2005
Reporting)
Enactment Description of offence
Section 169 Administering a drug with intent
to facilitate the commission of
an offence
Section 186(1) Forcible abduction
Section 189 Abduction of a young person
under the age of 17 years
Section 192(1) Stalking
Sex Industry Offences Act 2005
Section 7(1)(a) Intimidating, assaulting or
threatening to assault a sex
worker
Section 7(1)(d) Administering to a sex worker,
or causing a sex worker to take,
any drug or other substance with
the intent to stupefy or
overpower that sex worker
Section 7(2) Intimidating, assaulting or
threatening to assault person or
threatening to cause person to be
deported for purpose of inducing
provision or continued provision
of
(a) sexual services in a
sexual services business;
or
52
2005 Community Protection (Offender No. sch. 2
Reporting)
Enactment Description of offence
(b) fee or reward derived
from provision of sexual
services in a sexual
services business
53
sch. 3 No. Community Protection (Offender 2005
Reporting)
SCHEDULE 3 CLASS 3 OFFENCES
Section 15
Enactment Description of offence
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995
Section 73 Procuring, or inviting or
attempting to procure, child to
be involved in making child
exploitation material
Crimes Act 1914 of the
Commonwealth
Section 50BA Sexual intercourse with a child
under 16 years of age
Section 50BB Inducing child under 16 years of
age to engage in sexual
intercourse
Criminal Code
Section 125C(2) Procuring unlawful sexual
intercourse with young person
Section 125D(1) Communicating with intent to
procure a person under the age
of 17 years to engage in an
unlawful sexual act
Section 127A(1) Aggravated sexual assault (if the
person against whom the offence
is committed is a child)
54
2005 Community Protection (Offender No. sch. 3
Reporting)
Enactment Description of offence
Section 130 Involving a person under the age
of 18 years in the production of
child exploitation material
Section 133(1) Incest (if the person against
whom the offence is committed
is a child)
Section 169 Administering a drug with intent
to facilitate the commission of
an offence (if the person against
whom the offence is committed
is a child)
Section 185 Rape
Section 191(1) Abduction of a child
Section 191(2) Harbouring an abducted child
Section 191A(a) Kidnapping
Section 192(1) Stalking (if the person against
whom the offence is committed
is a child)
Sex Industry Offences Act 2005
Section 9(1) Procuring or otherwise causing
or permitting a child to provide
sexual services in a sexual
services business
Section 9(2) Receiving a fee or reward from
sexual services provided by a
child in a sexual services
business
Government Printer, Tasmania 55