Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SCHEDULE 5

SCHEDULE 5 – Dictionary

"adult respondent" means a respondent who is not a child respondent.

"annual report" ...

"appeal court" , for part 3A , division 4 , see section 13ZG .

"appearance notice" , for a proceeding for an offender prohibition order, means a notice in the approved form stating the following in relation to the order—

(a) that an application for the order will be made against the respondent;

(b) when and where the application is to be heard;

(c) that the respondent is required to appear at the hearing to be heard on the application;

(d) that the court may make the order in the respondent’s absence if the respondent fails to appear at the hearing;

(e) that on the making of the order—

(i) the respondent becomes a reportable offender; and

(ii) the respondent is prohibited from making a working with children check application; and

(iii) any working with children authority or working with children card held by the respondent is—

(A) if the order is a temporary order—suspended; or

(B) if the order is a final order—cancelled;

(f) that the order may be registered in a jurisdiction other than Queensland, including a jurisdiction outside Australia, if a law of the other jurisdiction provides for the registration.

(a) designed to be attached to, or towed by, another vehicle that is designed to be propelled by a motor; and

(b) whether or not the vehicle is attached to the other vehicle mentioned in paragraph (a) .

(a) a charge on an arrest; and

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ; and

(c) a complaint under the Justices Act 1886 ; and

(d) a charge by a court under the Justices Act 1886 , section 42 (1A) , or another provision of an Act; and

Note—

The Justices Act 1886 , section 42 deals with the commencement of proceedings.

(e) an indictment.

(a) an offence against the Criminal Code , section 354 involving the kidnap of a child; or

(b) an offence against the Criminal Code , section 363 or 363A .

(a) for a temporary order—a respondent who is a child when the application for the temporary order is made; or

(b) for a corresponding order or registered corresponding order—a respondent who is a child when the corresponding order is registered under this Act; or

(c) otherwise—a respondent who is a child when the application for the offender prohibition order is made.

(a) that provides for people who have committed specified offences—

(i) to report, in that jurisdiction, information about themselves; and

(ii) to keep that information current for a specified period; and

(b) that a regulation states is a corresponding Act.

(a) for an offender prohibition order for a child respondent—means the Childrens Court constituted by a Childrens Court magistrate; or

(b) for any other offender prohibition order—means a Magistrates Court, other than a Magistrates Court constituted by justices who are not magistrates; or

(c) otherwise, includes a court of a foreign jurisdiction, however described.

(a) every conviction of the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement; and

(b) every charge made against the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement—

(i) that has not been withdrawn or discontinued, or dismissed by a court; or

(ii) for which the respondent has not been acquitted or convicted; or

(iii) that has been withdrawn or discontinued because the complainant died or was unable or unwilling to proceed with the matter.

Examples of details of a locality where a reportable offender can generally be found—

• the name and location of a caravan park where the offender can generally be found

• a description of, and directions to, the part of a camping area within a national park where the offender can generally be found

(a) means a device on which information may be stored or accessed electronically by a person using the device; and

(b) includes a computer, memory stick, portable hard drive, smart phone and tablet computer; and

(c) does not include a device if the only information stored on or accessed from the device is stored or accessed automatically when the device is used or operated in the usual way.

Examples for paragraph (c)—

digital scales, a fridge with smart technology

(a) arranges, in the course of business, for the offender to be employed by another person; or

(b) engages the offender under a contract of employment.

(a) working under a contract of employment;

(b) working as a self-employed person or a subcontractor;

(c) working for an organisation as a volunteer;

(d) working as a minister of religion or for a religious organisation in another capacity;

(e) undertaking practical training as part of an educational or vocational course.

(a) a forensic order (mental health);

(b) a forensic order (disability);

(c) a forensic order ( Criminal Code ).

(a) detention, other than under a supervision order, of—

(i) a prisoner under the Corrective Services Act 2006 ; or

(ii) a child detainee under the Youth Justice Act 1992 ;

including if the prisoner or child detainee is on unescorted leave of absence; or

(b) detention under a law of a foreign jurisdiction in the nature of detention mentioned in paragraph (a) ; or

(c) detention under the Mental Health Act 2016 ; or

(d) detention under the Migration Act 1958 (Cwlth) .

(a) delete or encrypt the information, or information about the information; and

(b) delete or encrypt information about the thing.

(a) an intensive correction order under the Penalties and Sentences Act 1992 ; or

(b) an intensive supervision order under the Youth Justice Act 1992 .

(a) means a network of computers or other devices, whether or not part of the internet; and

(b) includes part of a network of computers or other devices.

(a) a prohibition order; or

(b) a temporary order.

(a) see section 12A ; and

(b) includes a corresponding reporting order.

(a) for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a parent of the person; or

(b) for a Torres Strait Islander person—a person who, under Island custom, is regarded as a parent of the person;

(a) a parole order under the Corrective Services Act 2006 ; or

(b) any equivalent order made under the laws of a foreign jurisdiction.

(a) a person who is a reportable offender;

(b) a person who would be a reportable offender if the person’s sentence for a reportable offence had not ended before the commencement of section 5 ;

(c) a person who would be a reportable offender if all the reporting periods for the person had not ended, as mentioned in section 8 (d) .

(a) February;

(b) May;

(c) August;

(d) November.

(a) for a proposed offender prohibition order—the person who is the respondent to the application for the proposed offender prohibition order; or

(b) for an offender prohibition order—the person against whom the offender prohibition order is made; or

(c) for a corresponding order or a registered corresponding order—the person against whom the corresponding order is made.

(a) seriously impedes the offender’s ability to comply with the offender’s reporting obligations under part 4 ; or

(b) makes the offender incapable of complying with the offender’s reporting obligations under part 4 .

(a) seriously impedes the offender’s ability to comply with the offender’s reporting obligations under part 4 ; or

(b) makes the offender incapable of complying with the offender’s reporting obligations under part 4 .

(a) for social networking or to make social connections with other users of the application; and

(b) to share user-generated content with other users of the application.

(a) a community service order, a probation order, an intensive correction order, or an order that a term of imprisonment be suspended, under the Penalties and Sentences Act 1992 ; or

(b) a community service order, probation order, intensive supervision order, conditional release order, or supervised release order, under the Youth Justice Act 1992 ; or

(c) a parole order; or

(d) a continuing detention order or supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or

(e) an order equivalent to any order mentioned in paragraph (a) , (b) , (c) or (d) made under the laws of a foreign jurisdiction.

(a) for a prisoner—leave of absence granted under the Corrective Services Act 2006 , section 72 if the prisoner is not ordered to remain in the physical custody of a corrective services officer under that Act during the leave; or

(b) for a child detainee—leave of absence granted under the Youth Justice Act 1992 , section 269 if the child detainee is not in the physical custody of a person under that Act during the leave.

(a) a vehicle designed to be propelled by a motor that forms part of the vehicle, even if the vehicle is not capable of being used, including, for example, because the vehicle is mechanically defective or part of the vehicle has been removed or is missing; and

(b) a caravan or trailer.