Community Protection (Offender Reporting) Act 2004

In this section —

Subject to this section, the Commissioner may publish a photograph and the locality of a person, other than a person who is a child —

if —

the person has been convicted of a serious sexual offence; and

the person is subject to a HRO supervision order; and

that order does not provide that the person’s photograph and locality are not to be published under this section;

if —

the person, after becoming a reportable offender, commits and is found guilty of a prescribed offence; and

any offence committed by the person, including the prescribed offence, is a Class 1 offence or an offence committed against a child under The Criminal Code section 323 or 324;

if —

the person has been found guilty of an offence punishable by imprisonment for 5 years or more; and

the publication is authorised by the Minister under section 85GB.

If the Commissioner proposes to publish the photograph and locality of a person under subsection (2), the Commissioner —

must give the person written notice of the proposal and the reasons for it; and

must inform the person in that notice that the person has a specified period (of not less than 21 days) to make submissions or be heard in relation to the proposal; and

if subsection (2)(a) applies in relation to the person, must give written notice of the proposal to the chief executive officer of the Department of Corrective Services.

Before publishing the photograph and locality of the person, the Commissioner must have regard to —

any submission made, or information or document provided, by the person within the period referred to in subsection (3)(b); and

if notice is given under subsection (3)(c), any submission made by the chief executive officer of the Department of Corrective Services within the period of 21 days after that notice is given.