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Procedure - Child Protection - Reportable Offenders


Purpose
1.Definitions
2.Reportable offender sentenced by the courts
3.Warning flags on IOMS
4.Reportable offender in custody
4.1On release or discharge
5.Reportable offender subject to community supervision
6.Notifications to the CPOR of particular events
7.Information sharing
8.Other obligations of reportable offenders
9.CPOR contact details
10.Review of decision to place person on register

Purpose

To provide a process for reportable offenders to be given notice of their obligations to report to the Child Protection Offender Registry (CPOR) and for the Commissioner of Police to be notified of particular events.

1. Definitions

Under the Child Protection (Offender Reporting) Act 2004 (CPORA) and for the purposes of this procedure the following definitions apply-

“existing reportable offender” as defined under section 6 of the CPORA;

“reportable offender” as defined under section 5 of the CPORA;

“reportable offence” as defined under section 9 of the CPORA;

“Notification Kit” means a kit containing-

  1. Notice of Reportable Offender's Reporting Obligations (Notification);
  2. Child Protection Offender Register Information brochure (Brochure);
  3. Instructions for Service of Notice of Reportable Offender's Reporting Obligations; and
  4. CPOR Notice Receipt.

2. Reportable offender sentenced by the courts

Refer CPORA ss. 54, 55, 59; Child Protection (Offender Reporting) Regulation 2004 (CPORR) ss. 14, 15

When a reportable offender is convicted of a reportable offence and sentenced to either a term of imprisonment or a community based order, CPOR will advise the Adviser, High-Risk Offender Management Unit (HROMU) of the offender's ANCOR number. A Notification Kit will be created which includes a notice addressed to the reportable offender advising of his/her obligations and requirement to report to the police station nominated in the Notice. The Adviser, HROMU must ensure that-

  1. the Notification Kits are forwarded to-

    1. the general manager of the corrective services facility where the offender is accommodated; and

  2. warning flags are activated on the Integrated Offender Management System (IOMS) (refer section 3 of this procedure).

3. Warning flags on IOMS

The Australian National Child Offender Register (ANCOR) flag in IOMS identifies a reportable offender and will remain active until Queensland Police Service advise the offender's reporting period under the CPORA has been completed.

The Ancor Notification (ANNOT) flag in IOMS identifies that a Notice is required to be issued to the reportable offender.

This flag is removed when the Notice has been issued to the offender. The Adviser, High Risk Offender Management Unit is responsible for removing the ANNOT warning flag.

4. Reportable offender in custody

Refer CPORA s. 54; CPORR ss. 14, 15

The general manager of the corrective services facility at which the reportable offender is accommodated must ensure that -

  1. the Notification and Brochure are served on the offender within 5 working days after the Notification Kit is received;
  2. both the offender and the corrective services officer must sign each page of the Notification
  3. if the offender refuses to sign the Notification then this must be noted on form;
  4. an oath of service must be completed by the serving officer and signed by a Justice of the Peace/Commissioner for Declarations or a Lawyer the signed notification is photocopied and a copy placed on the reportable offender's file;
  5. a copy of the Notification and Brochure is also placed in the offenders valuables with the offender's property to be issued on release or discharge;
  6. a copy of the Notification kit may be provided to the offender
  7. the original eleven (11) signed pages of the Notification is immediately faxed to the officer in charge, CPOR;
  8. the original eleven (11) signed pages of the Notification is posted to the CPOR;
  9. advice is given to the HROMU that the offender has been issued with the Notice. An email must be sent to ANCOR@dcs.qld.gov.au confirming this;
  10. a case note is produced in IOMS detailing the date when the original Acknowledgement was given to the offender and forwarded to the officer in charge, CPOR. Refer section 9 of this procedure for CPOR contact details; and
  11. the CPOR Notice of Receipt is signed and dated by the issuing officer.

On advice that the reportable offender has been issued with the Notification, the Adviser, High Risk Offender Management Unit must ensure that the ANNOT flag in IOMS is deactivated.

4.1 On release or discharge

On release or discharge, the reportable offender must be given the copy of the Notification and Brochure and reminded of his/her obligation to report to the police station nominated in the Notice as well as any other obligations. Refer section 8 of this procedure.

The corrective services officer who gives the Notice to the reportable offender must produce a case note in IOMS detailing that the offender has been reminded of his or her reporting obligations and that a copy of the Notice and Brochure have been given to the offender. Refer section 9 of this procedure for CPOR contact details.

Refer procedures - Amendment Applications - Community Supervision, Early Discharge, Exit, Leave of Absence, Parole Boards Administration, Parole Orders and Resettlement Leave Program, Probation, Temporary Travel Interstate/Overseas - All Orders, Transfer Interstate/Overseas - Community Based Orders

5. Reportable offender subject to community supervision

Refer CPORA s. 54; CPORR ss. 14, 15

The Queensland Police Service will serve reportable offenders subject to community supervisions with the necessary notification and brochure.

The Adviser, High Risk Offender Management Unit may be contacted to clarify whether an offender requires the CPOR notification documents and IOMS flag.

The district manager supervising a reportable offender subject to community supervision must ensure that the offender is reminded of his/her reporting obligation as well as any other obligations. Refer section 8 of this procedure;

6. Notifications to the CPOR of particular events

Refer Corrective Services Act 2006 (CSA) ss. 72, 89; CPORA s. 58; Penalties and Sentences Act 1992 ss. 93, 103 and 114; Child Protection (Offender Reporting) Regulation 2004 s. 16; procedures - Amendment Applications - Community Supervision, Compliance Management - Community Supervision (in-confidence), Conditional Release, Contravention - Probation and Parole, Disclosure of Confidential Information, Early Discharge, Exit, Leave of Absence, Parole Boards Administration, Temporary Travel Interstate/Overseas - All Orders, Transfer Interstate/Overseas - Community Based Orders, Transfer of Offenders, Work Program - approval of work order and management of work camps, administrative form - Notice to CPOR of Particular Event under CPORA

The CPOR must be advised using administrative form - Notice to CPOR of Particular Event under CPORA as soon as practicable by fax 3236 0273, before or after a reportable offender-

  1. is on unescorted leave under CSA s. 72;
  2. is authorised to leave Queensland under CSA s. 89 or Penalties and Sentences Act 1992;
  3. leaves Queensland whilst subject to a SPER Fine Option Order (refer State Penalties Enforcement Act 1999, ss. 122-123);
  4. is discharged or released for any reason, including being released onto a community based order or a conditional release order;
  5. is no longer subject to a community based order including return to custody following contravention; or
  6. is deceased.

The CPOR must also be advised when a notification is made by QCS to the Department of Communities (Child Safety) or the Queensland Police Service regarding any suspicions of abuse of a child or re-offending against a child.

The following table allocates operational reporting responsibilities for the above particular events.

Table of reporting responsibility

Particular Event

Custodial Operations

Probation and Parole

Unescorted leave of absence under CSA s. 72

Yes

Offender in custody temporarily travelling interstate

Yes

Offender in custody transferred interstate

Yes

Parolee and offender subject to CBO travelling or transferred interstate

Yes

Offender in custody being discharged or released from custody

Yes

Offender contravening parole or CBO and placed in custody

Yes

Yes

Death of a reportable offender

Yes

Yes

Community supervision ceases

Yes

Notification made to Department of Communities (Child Safety) or Queensland Police Service regarding any suspicions of abuse of a child or re-offending against a child

Yes

Yes


7. Information sharing

Refer CPORA s. 57 and procedure - Disclosure of Confidential Information

The Commissioner of Police may require Queensland Corrective Services to give details about a reportable offender. In accordance with the CPORA and the procedure - Disclosure of Confidential Information, corrective services officers must co-operate with requests in this regard.

8. Other obligations of reportable offenders

Refer CPORA s. 19

A reportable offender whose reporting obligations to the police have commenced is required to advise the police station specified on the Notification of a change of details within 14 days after the change occurs (Refer CPORA s. 16). A reportable offender must be reminded about his/her obligations to report changed details to the police.

In accordance with good case management principles, an officer supervising a reportable offender may request that the offender show the receipt of change of circumstances (eg address, employment) issued by the police to the reportable offender. If an officer supervising a reportable offender becomes aware that the reportable offender's circumstances have changed and the reportable offender has not reported changes in circumstances to the police, the supervising officer should advise the police accordingly.

9. CPOR contact details

The Notification must be completed and faxed immediately to the CPOR on (07) 3236 0273 together with facsimile coversheet.

The original Notification must be forwarded by mail to -

Officer in Charge
Child Protection Offender Registry
Sexual Crimes Investigation Unit Crime
Operations Branch
GPO Box 1440
BRISBANE QLD 4001

The CPOR can be contacted on 1300 552 931 for further information.

10. Review of decision to place person on register

Refer CPORA ss. 54, 74

An offender is a reportable offender under the CPORA and not because of a decision made by the Commissioner of Police. An offender is a reportable offender due to the nature of the offences for which the offender has been convicted. A reportable offender is required to report to CPOR upon release regardless of whether the offender accepts the Notification or not.

Section 54 of the CPORA covers what must be in the Notification that is served on a reportable offender (ie the reporting obligations and the consequences that may apply if the offender fails to comply). The Notification has been drafted specifically in accordance with the CPORA.

Section 74 of the CPORA outlines what an offender can do if the offender believes -

  1. he/she has been placed on the Child Protection Offender Register in error (eg. he/she believes that he/she does not qualify under the definition of a reportable offender); or
  2. an error has been made in working out the length of the person's reporting period (eg he/she thinks his/her reporting period should be 8 years instead of 15 years).

A reportable offender may apply in writing to the Commissioner of Police to review the decision to place the offender on the register. The application must be made within 28 days after the offender is given notice of his/her reporting obligations. A reportable offender's reporting obligations are not suspended because the reportable offender made the application. Section 74(5) of the CPORA outlines the review process. A reportable offender seeking a review will need to forward his/her letter to -

Commissioner of Police
Queensland Police Service
GPO Box 1440
Brisbane QLD 4001

In the letter to the Commissioner of Police, the reportable offender simply needs to state that he/she seeks a review of the decision to place him/her on the CPOR. While a reportable offender may include his/her grounds for the review if he/she wishes, section 74(5) of the CPORA provides that once the application to review is received, the Commissioner of Police will provide reasonable opportunity for the reportable offender to state his or her case.





KELVIN ANDERSON
Commissioner





Version History

17/10/11 Version 11 - 14/03/2011 Version 10 - 15/12/2010 Version 09 - 25/03/2010 Version 08 - 19/06/2009 Version 07 - 21/01/2009 Version 06 - 23/12/2008 Version 05 - 15/07/2008 Version 04 - 24/01/2007 Version 03 - 28/08/2006 Version 02 - 19/12/2005 Version 01 - 24/12/2004 Version 00