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.]