An offence under s 218A(1)(b) of the Criminal Code (Qld) committed against an undercover police officer posing as a child, where no actual child was involved, is not an offence 'against children' within the definition of 'serious sexual offence' in the DPSOA Schedule. Whether the offence is committed 'against children' is a question of fact in each case. The DPSOA cannot be applied to prisoners whose sexual offences did not involve actual children, by reason of the principle of legality.
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