Community Protection and Public Child Sex Offender Register (Daniel’s Law) Bill 2025

An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 for particular purposes

1Short title

This Act may be cited as the Community Protection and Public Child Sex Offender Register (Daniel’s Law) Act 2025.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act amended

This Act amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

4Amendment of s 3 (Purposes of this Act)

(1)Section 3(1A)—
insert—

(c)to protect the community by facilitating the release of information relating to particular offenders in particular circumstances to the public.

(2)Section 3(2)—
insert—

(g)allows for the disclosure or publication of information relating to particular reportable offenders in particular circumstances through the operation of a public child sex offender register.

5Amendment of s 13A (Application)

Section 13A(3)—
omit.

6Amendment of s 69 (Access to the register to be restricted)

(1)Section 69(1)(b), after ‘disclosed’—
insert—

or published

(2)Section 69(2)—
omit, insert—

(2)The police commissioner must develop guidelines about the access to, and disclosure or publication of, personal information in the register that attempt to ensure that access to the personal information in the register is restricted in a way that does not interfere with the purposes of this Act.

7Amendment of s 70 (Confidentiality)

(1)Section 70(1), after ‘disclose’—
insert—

or publish

(2)Section 70(1), after paragraph (a)—
insert—

(aa)is involved in the administration of part 5AA and discloses or publishes the information under that part; or

(3)Section 70(1)(aa) and (b)—
renumber as section 70(1)(b) and (c).

8Insertion of new pt 5AA

After part 5—
insert—

Part 5AA Daniel’s Law—Publication and disclosure of information about child sex offenders

Division 1 Preliminary

74AA Definition for part

In this part—

personal details, of a reportable offender, see section 74AB.

74AB Meaning of personal details of reportable offenders

(1)For this part, the personal details of a reportable offender are the details mentioned in schedule 2, items 1, 2, 3 and 9 for the offender.

(2)Also, the personal details of a reportable offender include—

(a)a photograph or digital image of the offender; and

(b)a description of—

(i)the general locality of any premises where the offender resides; or

(ii)if the offender does not generally reside at particular premises—each locality where the offender can generally be found.

74AC Police commissioner not required to disclose, provide or publish information

Nothing in this part requires the police commissioner to disclose, provide or publish information about any reportable offender or other person.

74AD Interaction with other provisions and laws relating to disclosure of information

This part does not limit a power or obligation under this Act, or another Act or law, to disclose information relating to a reportable offender.

74AE Restriction on information about particular reportable offenders

Nothing in this part authorises the police commissioner to disclose, provide or publish information about any of the following reportable offenders—

(a)a reportable offender who is a child;

(b)a reportable offender who committed a reportable offence as a child but as an adult has not—

(i)committed a reportable offence; or

(ii)been subject to an offender reporting order for an offence committed as an adult; or

(iii)been subject to an offender prohibition order for concerning conduct engaged in as an adult; or

(iv)been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003;

(c)a reportable offender to whom part 4, division 9 applies;

(d)a reportable offender who is subject to an order of a court that prohibits—

(i)the identification of the offender; or

(ii)the disclosure or publication of the offender’s whereabouts or other personal details.

Division 2 Police commissioner may disclose, provide or publish information relating to reportable offenders

74AF Police commissioner may publish personal details of particular reportable offenders

(1)The police commissioner may publish any or all of the personal details of a reportable offender if—

(a)the police commissioner is satisfied that—

(i)the reportable offender has failed to comply with any of the offender’s reporting obligations; or

(ii)the reportable offender is subject to a relevant supervision order and has failed to comply with a requirement of the order; and

(b)the reportable offender’s whereabouts are not known to the police commissioner.

(2)The police commissioner may at any time remove any or all of the personal details of a reportable offender from the website on which they are published under subsection (1).

(3)Subsection (4) applies if—

(a)the police commissioner has published any personal details of a reportable offender under subsection (1); and

(b)after the reportable offender’s details are published, the police commissioner becomes aware of the offender’s whereabouts.

(4)The police commissioner must, as soon as is practicable, remove all of the personal details of the reportable offender from the website on which the details are published.

(5)In this section—

publish means make available for inspection by members of the public on a website maintained by the police commissioner.

relevant supervision order means a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

74AG Police commissioner may provide photographs of particular reportable offenders

(1)A person, other than a reportable offender, may ask the police commissioner to provide to the person a photograph of each reportable offender who resides in the locality of the person.

(2)The request must be—

(a)made in a way approved by the police commissioner; and

(b)accompanied by any documents or information as required by the police commissioner.

(3)Subject to this section, the police commissioner may decide to provide to the person the photograph of a reportable offender who resides in the locality of the person if—

(a)the offender is required to comply with reporting obligations for a period under section 37(2), 38(3) or 39(1); or

(b)the offender is required to comply with reporting obligations imposed on the offender under part 4 for the remainder of the offender’s life; or

(c)the offender is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(d)the offender is deemed to be a serious risk offender under subsection (5).

(4)The police commissioner must, before a photograph of a reportable offender mentioned in subsection (3)(c) is provided for the first time—

(a)give the chief executive (corrective services) notice; and

(b)consider any submission made by the chief executive (corrective services).

(5)If the police commissioner considers at any time that a reportable offender poses a serious risk to the lives or sexual safety of 1 or more children or of children generally, the police commissioner may deem the offender to be a serious risk offender.

(6)A reportable offender deemed to be a serious risk offender under subsection (5), is a serious risk offender until earlier of the following—

(a)the police commissioner deems the offender is not a serious risk offender;

(b)the offender stops being a reportable offender.

(7)The police commissioner must not delegate—

(a)the power to deem a reportable offender to be a serious risk offender under subsection (5); and

(b)the power to deem a reportable offender not to be a serious risk offender under subsection (6)(a).

(8)In this section—

locality, of a person, means the general locality where the person resides in the State.

photograph includes a digital image.

provide, a photograph to a person, means make the photograph available for inspection by the person in a secure way designed to be accessible only by the person.

74AH Police commissioner may have regard to particular matters

(1)This section applies in relation to the police commissioner when considering whether—

(a)to publish, or remove, the personal details of a reportable offender under section 74AF (the identifying information); or

(b)to provide the photograph of a reportable offender under section 74AG (also the identifying information).

(2)The police commissioner may have regard to any of the following matters—

(a)the effect that the publication, removal or provision of the identifying information might have on a victim of an offence committed by the offender;

(b)whether the publication, removal or provision of the identifying information would be likely to prejudice—

(i)a criminal proceeding in relation to the offender; or

(ii)an investigation by the Queensland Police Service or other law enforcement agency of a State or the Commonwealth in relation to a contravention or possible contravention of a law by the offender;

(c)whether the publication, removal or provision of the identifying information is in the public interest and consistent with the purposes of this Act;

(d)any other matter the police commissioner considers relevant.

74AI Police commissioner may disclose whether specified person is a reportable offender

(1)This section applies to a person who is a parent of a child, or someone else having or exercising parental responsibility, other than on a temporary basis, for the child.

(2)The person may apply to the police commissioner for disclosure about whether another person specified in the application (the specified person) is a reportable offender.

(3)The application must be—

(a)made in a way approved by the police commissioner; and

(b)accompanied by any documents or information as required by the police commissioner.

(4)The police commissioner may disclose information to the person about whether the specified person is a reportable offender if the police commissioner is satisfied that the specified person has had, or will have, any unsupervised contact with the child.

(5)In this section—

unsupervised contact, in relation to a person and a child, includes—

(a)any physical contact the person has had, or will have, with the child without another adult present; and

(b)any time the person and child have been together, or will be together, in close proximity without another adult present; and

(c)any form of communication, whether in person or by electronic means, the person has had, or will have, with the child without another adult present.

Division 3 Offences

74AJ Intimidation or harassment of identified offenders

(1)A person must not, by a public act, engage in conduct by which the person intends to—

(a)intimidate or harass another person they believe or suspect is an identified offender; or

(b)incite other persons to intimidate or harass another person they believe or suspect is an identified offender.

Maximum penalty—10 years imprisonment.

(2)An offence against subsection (1) is a misdemeanour.

(3)A person must not, by a public act, engage in conduct that is likely to—

(a)intimidate or harass another person they believe or suspect is an identified offender; or

(b)incite other persons to intimidate or harass another person they believe or suspect is an identified offender.

Maximum penalty—3 years imprisonment.

(4)In this section—

identified offender means—

(a)a person whose personal details have been published under section 74AF; or

(b)a person whose photograph has been provided under section 74AG; or

(c)a person in relation to whom a disclosure has been made as to whether the person is a reportable offender under section 74AI.

intimidate or harass includes—

(a)intimidate or harass whether on 1, or more than 1, occasion; and

(b)vilify, persecute, victimise and engage in any act of vigilantism.

public act includes—

(a)any form of communication to, or accessible by, the public or a part of the public, whether made in person or by electronic means; and

Examples of forms of communication—

displaying notices, posting images or messages on any social networking site, speaking in neighbourhood groups, video streaming on the internet and playing recorded material

(b)actions, gestures, displays of signs or any other form of conduct that is in, or in view of, a public place.

public place see section 74AK(2).

74AK Display, distribution or publication of identifying information

(1)A person must not, without the written approval of the police commissioner, display, distribute or publish any identifying information.

Maximum penalty—3 years imprisonment.

(2)In this section—

display means display in, or within view of, a public place.

distribute means distribute to the public or a part of the public.

identifying information means any information that is identifiable as—

(a)the personal details of a person published by the police commissioner under section 74AF; or

(b)the photograph of a person provided by the police commissioner under section 74AG; or

(c)information disclosed by the police commissioner in relation to whether a person is a reportable offender under section 74AI.

public place includes—

(a)any place that the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise; and

(b)a school, university or other place of education, other than any part of a school, university or other place of education that is not open to, or used by, the public.

publish means publish to the public or a part of the public.

Division 4 Other matters

74AL Protection from liability under part

(1)A person involved in the administration of this part is not liable, civilly, criminally or under an administrative process, because of an act done, or omission made, honestly by the person.

(2)Also, the person can not, because of the act done, or omission made, by the person be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(3)Further, the State is not civilly liable because of the act done, or omission made, by the person.

74AM Relevant decisions are final

(1)Unless the Supreme Court decides a relevant decision is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)The Judicial Review Act 1991, part 4 does not apply to a relevant decision.

(3)The Judicial Review Act 1991, part 5 applies to a relevant decision only to the extent it is affected by jurisdictional error.

(4)In this section—

relevant decision—

(a)means a decision or purported decision of an administrative character for the disclosure, provision or publication of information under this part; and

(b)includes a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a).

74AN Override declaration for particular provisions

For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this part, other than division 3 and this section, has effect—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

Note—

Under the Human Rights Act 2019, section 45(2), this section expires 5 years after the commencement.

9Replacement of s 74C (Review of Act)

Section 74C—
omit, insert—

74C Review of provisions under part 5AA—Daniel’s Law

(1)The Minister must ensure the operation of part 5AA is reviewed as soon as practicable after the day that is 5 years after the commencement.

(2)The review must be carried out by an independent and appropriately qualified person.

(3)The terms of reference for the review are the terms decided by the Minister.

(4)As soon as practicable after the review is finished, the Minister must table a report about the outcome of the review in the Legislative Assembly.

10Insertion of new pt 7, div 8

Part 7—
insert—

Division 8 Transitional provision for Community Protection and Public Child Sex Offender Register (Daniel’s Law) Act 2025

104Application of particular provisions under part 5AA—Daniel’s Law

Part 5AA applies to a person who is a reportable offender whether the person became a reportable offender before or after the commencement of that part.

11Amendment of sch 5 (Dictionary)

(1)Schedule 5, definition personal details—
omit.

(2)Schedule 5—
insert—

concerning conduct means an act or omission, or a course of conduct, the nature or pattern of which poses a risk to the safety or wellbeing of 1 or more children, or of children generally, and may include the following—

(a)conduct that constitutes an offence;

(b)conduct that is a single act or omission.

Examples—

•loitering at or near a park fitted with playground equipment regularly used by children

•seeking employment or volunteer work that will involve the employee coming into contact with children, including, for example, door-to-door sales or collecting

•living near a school

•living in a household with children under 16 years

personal details, of a reportable offender—

(a)generally—see section 10A; or

(b)for part 5AA—see section 74AB.

© State of Queensland 2025