• Specific Year
    Any

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 85I

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 85I

85I .         Commissioner may take into account certain matters

        (1)         In determining whether or not —

            (a)         to publish any personal details of a person who is a reportable offender under section 85F(2) or a photograph and the locality of a person under section 85G(2) (the identifying information ); or

            (b)         to remove the identifying information from a website under section 85F(3) or 85H(1),

                the Commissioner may take into account the matters to which this section applies.

        (2)         This section applies to these matters —

            (a)         whether the publication of the identifying information about a person would interfere with —

                  (i)         an investigation by police officers in relation to the person; or

                  (ii)         the person’s compliance with the reporting obligations of this Act; or

                  (iii)         the operation of a community order under the Sentencing Act 1995 , a HRO supervision order or any other order or requirement under a written law to which the person is subject;

            (b)         whether the publication of the identifying information about the person might identify a victim of an offence, or the school attended by a victim of an offence, committed by the person;

            (c)         the effect that the publication of the identifying information about the person might have on a victim of an offence committed by the person;

            (d)         whether, in statements made by the victim to the Commissioner, the publication of the identifying information about the person has been supported or opposed by a victim of an offence committed by the person;

            (e)         whether the publication of the identifying information about the person would increase the risk of the person committing offences;

            (f)         the Commissioner’s assessment of the benefit to the community of the publication of the identifying information about the person;

            (g)         if the identifying information is about a person who is awaiting trial on a charge of an offence — whether the publication of the identifying information might prejudice the fair trial of the person;

            (h)         any other matter the Commissioner considers relevant.

        [Section 85I inserted: No. 1 of 2012 s. 5; amended: No. 29 of 2020 s. 96.]