Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 64

64 Order about whether this division applies

(1) The police commissioner must make an order declaring that a reportable offender who is, or has been, a participant in a witness protection program either is, or is not, a person to whom this division applies—

(a) when the reportable offender stops being a participant in the program as a result of a withdrawal under the Witness Protection Act 2000 , section 13 ; or

(b) when the chairperson of the Crime and Corruption Commission makes a decision under the Witness Protection Act 2000 , section 14 , to end the protection and assistance given to the reportable offender under the program.

(2) On making the order, the police commissioner must take reasonable steps to notify the reportable offender of the terms of the order.

(3) A person who receives the notice may, within 28 days after receiving it, apply in writing to the police commissioner for a review of the decision.

(4) On receiving an application for a review, the police commissioner must—

(a) give the applicant a reasonable opportunity to state the applicant’s case before making a decision on the matter; and

(b) review the order, and confirm or reverse it; and

(c) give written notice of the decision to the applicant.

(5) If the police commissioner’s decision is to confirm the order, the notice of the decision must inform the applicant of the applicant’s rights under section 65 .