When deciding whether to record a conviction for a reportable offence under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld), the sentencing court must consider the impact of the onerous reporting obligations that automatically follow from the recording of a conviction, as part of the assessment of impact on the offender's social wellbeing under s 12(2) of the Penalties and Sentences Act 1992 (Qld). Failure to consider those obligations constitutes a demonstrated error in the exercise of the sentencing discretion. However, the fact that an offender would become a reportable offender is not determinative and must be weighed against all circumstances including the nature of the offence and community protection interests.
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4 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.