Community Protection (Offender Reporting) Act 2004

On application from the Commissioner, the Minister may authorise the publication under section 85G(2)(c)(ii) of a photograph and locality of a person referred to in section 85G(2)(c)(i) if satisfied that the person poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.

An authorisation cannot be for a period greater than 5 years.

For the purposes of subsection (1), it is not necessary that the Minister is able to identify a risk to a particular person or particular persons or a particular class of persons.

In determining whether to authorise publication under subsection (1), the Minister may take into account the following —

any medical, psychiatric, psychological or other assessment relating to the person;

any information indicating whether or not the person is likely to commit a prescribed offence, as defined in section 85G(1), in the future;

whether or not there is any pattern of offending behaviour on the part of the person;

the person’s antecedents and the seriousness of the person’s total criminal record;

the person’s age and the age of any victims of any offences committed by the person at the time those offences were committed;

the difference in age between the person and any victims of those offences;

any other matter the Minister considers relevant.

The Commissioner must provide with an application under subsection (1) any information available to the Commissioner that is relevant to the Minister’s determination whether to authorise publication.

The fact that an offence in respect of which a person has been found guilty becomes spent does not affect the consideration of the offence as part of the person’s total criminal record for the purposes of subsection (4)(d).

The Minister may —

revoke an authorisation; or

make further authorisations, each of no more than 5 years in duration, in respect of a person for whom an authorisation has previously been made.