Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 74

74 Review about entry on register

(1) A person may apply to the police commissioner to review—

(a) if the person believes that the person has been placed on the register in error, including, for example, because the police commissioner’s belief mentioned in section 9 (a) (ii) is not a reasonable belief—the decision to place the person on the register; or

(b) if the person believes an error has been made in working out the length of the person’s reporting period—the decision about the length of the period.

(2) The application must be made—

(a) in writing; and

(b) within 28 days after the person is given an initial reporting obligations notice.

(3) The application may be made by another person (an
"agent" ) on the person’s behalf only if the person has authorised the agent in writing to make the application.

(4) The person’s reporting obligations are not suspended because the person made the application.

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

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

(b) if the application relates to a decision to place the person on the register—review the decision to place the person on the register and confirm or revoke it; and

(c) if the application relates to a decision about the length of the person’s reporting period—review the decision and confirm or change it; and

(d) give the person written notice—

(i) of the decision; and

(ii) informing the person of the person’s right to a copy of all reportable information that is held in the register in relation to the person under section 73 .

(6) If the police commissioner revokes a decision to place a person on the register, the police commissioner must ensure that the person’s personal details are removed from the register, and any copies of documents, fingerprints or photographs taken from the person under this Act are not kept.

(7) If the police commissioner otherwise changes a decision, the police commissioner must ensure the register is corrected to reflect the change.

Note—

See also sections 67G and 67H and schedule 4 in relation to review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence.