Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 - SECT 9

(1) The matters a court must consider for section 8(1) are as follows—

(a) the seriousness of the respondent's reportable offences committed against a child, whether committed in Queensland or elsewhere;

(b) the period since the reportable offences were committed;

(c) for each reportable offence—

(i) the age of the respondent, and the age of the victim of the offence, when the offence was committed; and

(ii) the difference in age between the respondent and the victim of the offence;

(d) the respondent's present age;

(e) the seriousness of the respondent's criminal history;

(f) the effect of the order sought on the respondent in comparison with the level of risk of the respondent committing a reportable offence against a child;

(g) the respondent's circumstances, to the extent the circumstances relate to the conduct sought to be prohibited;

Examples—

the respondent's accommodation, employment, health, cultural and social needs

the need for the respondent's reintegration into the community

(h) for a child respondent—the child respondent's educational needs;

(i) anything else the court considers relevant.

(2) In this section—

charge, of an offence, means a charge in any form, including, for example, the following—

(a) a charge on an arrest;

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

(c) a complaint under the Justices Act 1886;

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

Note—

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

(e) an indictment.

criminal history, of a person, means the following—

(a) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, every conviction of the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement of this Act;

(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 of this Act—

(i) that has not been withdrawn or discontinued, or dismissed by a court; or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

(c) every charge made against the person for a reportable offence committed against a child, in Queensland or elsewhere, whether before or after the commencement of this Act, that has been withdrawn or discontinued because the complainant died or was unable or unwilling to proceed with the matter.