Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016

Introduced: 29/11/2016By: Hon M Ryan MPStatus: PASSED with amendment

Children & Families Justice & Rights Technology & Digital

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Plain English Summary

Overview

This bill merges Queensland's two child sex offender laws into a single combined Act, tightens the rules that reportable offenders must follow, and gives police new powers to inspect the phones and computers of offenders most at risk of reoffending. It responds to a 2013 review by the Crime and Corruption Commission and is aimed at helping police intervene before further offences occur.

Who it affects

Convicted child sex offenders face stricter reporting, device inspections and tougher penalties. Children gain stronger protections, and members of the public who honestly report concerns about an offender are shielded from being sued.

Key changes

Offenders must report travel into or out of Queensland within 48 hours, not 7 days, and must disclose details of any children they travel with or contact
Police can inspect phones, computers and cloud storage of offenders recently released from prison, convicted of internet-based child sex offences, or covered by a magistrate's order
Police can require offenders to hand over passwords and access information, with a magistrate's post-search approval needed
The maximum penalty for breaching a prohibition order rises from 2 years to 5 years imprisonment (or 300 penalty units)
People who honestly share information about a reportable offender are protected from civil, criminal and administrative liability
Self-represented offenders are banned from cross-examining child witnesses in prohibition order proceedings
The Child Protection (Offender Prohibition Order) Act 2008 is repealed and its provisions moved into a renamed Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

How this affects you

Children & Families

•Child witnesses can no longer be cross-examined in person by a self-represented offenderClause 36, section 77BPrevents a self-represented reportable offender or respondent from cross-examining a protected witness or someone who was under 16 when the alleged offence occurred.
•Offenders must tell police the names of any children they travel with or expect to have contact with when leaving QueenslandClauses 13 and 16Sections 20 and 23 of the Child Protection (Offender Reporting) Act are amended to require details of any child the offender intends to travel or have reportable contact with.
•Police can inspect offenders' phones and cloud storage for early warning signs of reoffending, such as visits to child-related websitesClause 42, section 21BAllows police to inspect any storage device in the possession of recently released offenders, offenders convicted of internet child sex offences, or offenders subject to a magistrate's order.
•Community members who honestly report concerns about a child sex offender are protected from being sued or prosecutedClause 34, section 74JA person acting honestly who gives information under the Act is not liable civilly, criminally or under an administrative process, and has a defence of absolute privilege in any defamation claim.

Justice & Rights

•Breaching an offender prohibition order becomes a crime carrying up to 5 years imprisonment or 300 penalty units, up from 2 yearsClause 22, section 51AAligns the penalty for breaching a prohibition order with other serious offences under the Child Protection (Offender Reporting) Act.
•Police can require an offender to hand over passwords to phones or cloud accounts, even if doing so might incriminate them, but only with a magistrate's post-search approvalClause 22, section 51BExcludes the privilege against self-incrimination and makes failure to comply an indictable offence punishable by up to 5 years imprisonment, subject to a magistrate's post-search approval order.
•Courts can treat someone convicted of a non-reportable offence as a reportable offender where the facts amount to a reportable offenceClause 7, section 5Section 5 is extended to cover a person sentenced for an offence that is not a reportable offence but whose facts and circumstances constitute elements of a reportable offence.
•Prohibition orders can now be heard at the same time as related criminal proceedings instead of waiting for one to finishClause 36, section 77FAn application under the Act may be made and dealt with even if the person has been charged with an offence arising out of the same conduct, with admissibility safeguards.

Technology & Digital

•Police can scan offenders' phones, computers and cloud accounts for browsing history, chat logs and images that suggest online grooming or child exploitationClause 42, section 21BInspection uses commercially available software that can identify websites and social media accessed, instant messaging used, chat rooms visited and image files on the device.
•Offenders convicted of internet-based child sex offences can have their devices inspected up to four times a year without a warrantClause 42, section 21B(2)Limits inspections under the internet-offence ground to four times in a twelve month period, with further inspections needing a magistrate's device inspection order.
•The Police Commissioner must table an annual report in Parliament showing how often devices were inspected and what action was takenClause 46, section 808ARequires an annual report on the use of device inspection powers, including the number and grounds of inspections, which must be tabled within 14 sitting days.

Bill Journey

Introduced29 Nov 2016View Hansard

First Reading29 Nov 2016View Hansard

▸Committee29 Nov 2016View Hansard

Referred to Legal Affairs and Community Safety Committee

Legal Affairs and Community Safety Committeeportfolio

Committee Findings

Recommended passage

The Education, Tourism, Innovation and Small Business Committee examined the bill and recommended it be passed. The committee received three submissions and held a public briefing with the Queensland Police Service. The committee made eight recommendations, all of which were supported by the government. Key amendments included protecting child witnesses from cross-examination by self-represented offenders, enabling information sharing with health entities to protect children at risk, and correcting drafting errors in consequential amendments.

Key findings (5)

The bill consolidates the Child Protection (Offender Reporting) Act 2004 and Child Protection (Offender Prohibition Order) Act 2008 into a single Act to streamline monitoring and management of reportable offenders
The committee identified that the bill's exclusion of health entities from information sharing could limit protection of children at risk, particularly in hospital settings
The committee found drafting errors in consequential amendments to the Working with Children Act and an outdated reference to the repealed Mental Health Act 2000
The bill widens police powers to take fingerprints, conduct searches, and share information about reportable offenders, raising fundamental legislative principles concerns about individual rights and liberties
The committee found the explanatory notes were inaccurate in several respects and recommended replacement notes be tabled as a priority

Recommendations (8)

The committee recommends that the Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016 be passed.
The committee recommends that proposed section 77B be amended to ensure that a self-represented offender may not cross-examine a person who is 16 or older at the time of the court proceeding but who was a child under 16 when the concerning conduct occurred.
The committee recommends that the Minister clarify the intended operation of proposed sections 74D and 74E regarding information sharing about reportable offenders.
The committee recommends that the bill be amended to allow the commissioner to give information about reportable offenders to Queensland Health and Hospital and Health Services.
The committee recommends that the bill be amended to ensure the Youth Justice Act 1992 is a relevant Act for the chief executive (communities), and the Corrective Services Act 2006 is a relevant Act for the chief executive (corrective services).
The committee recommends that Schedule 1 be amended to correct the drafting error replacing 'offender reporting' with 'offender prohibition' disqualification order.
The committee recommends that the consequential amendment to the Mental Health Act 2000 be removed, as that Act was repealed on 5 March 2017.
The committee recommends that accurate, clear and comprehensive replacement explanatory notes be tabled as a priority.

AI-generated summary — may contain errors

Committee Report7 Mar 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent19 May 2017

Referenced Entities

Sectors Affected

Child Protection Corrective Services Courts Criminal Law Policing

Classified using AGIFT/ANZSIC Australian government standards

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

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Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents