Community Protection (Offender Reporting) Act 2004

This section applies if —

an offender is a reportable offender only because the offender committed an offence when the offender was a child; and

the offender was sentenced for the offence before the day (the stage 2 commencement day) on which the Community Protection (Offender Reporting) Amendment Act 2024 section 67 comes into operation.

The offender may apply to the Children’s Court for an order to exempt the offender from being a reportable offender —

in relation to any reportable offence, under this Act as in force before the stage 2 commencement day, sentenced by a court in this State; but

not in relation to a reportable offence, under this Act as in force before the stage 2 commencement day, sentenced by a court in a foreign jurisdiction.

The offender cannot make an application under subsection (2) if 2 applications previously made by the offender under subsection (2) have been disposed of under section 18(a) or (b).

The offender cannot make an application under subsection (2) after their first application has been finally determined under section 18(b) unless the offender has been subject to the reporting obligations under this Act for at least half of the offender’s reporting period.

The court may make the order if the court is satisfied that the offender does not pose a risk to the lives or the sexual safety of 1 or more persons, or persons generally.

For the purposes of subsection (5), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons to find that an offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.

In deciding whether to make the order, the court may take into account any of the following —

any evidence given during proceedings for a reportable offence;

any document or record (including an electronic document or record) served on the offender by the prosecution or Commissioner;

any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to a reportable offence;

any evidence given by a victim or the offender in relation to the making of the order;

any pre‑sentence report given to the court;

any victim impact statement given to the court;

any mediation report given to the court;

any other matter the court considers relevant.

For the purposes of subsection (4), section 44(2) does not apply to extend the length of an offender’s reporting period.

For the purposes of subsection (4), time for which an offender has been subject to reporting obligations must be calculated by —

including a period of suspension under section 61; but

excluding a period of suspension under section 44(1)(a).