Who is a reportable offender?

Daniel’s Law includes persons who are considered 'reportable offenders' under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004. This includes people who were convicted and sentenced for a reportable offence in Queensland (commonly called 'reportable offenders'), persons who were sentenced and convicted under similar legislation in another jurisdiction (such as interstate) and who have moved or spend periods of time in Queensland (commonly called 'corresponding reportable offenders'), persons who have been convicted of a child sex offence and who have completed a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (commonly called 'post-DPSOA reportable offenders'), and offenders currently subject to a supervision or temporary supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

In addition, the legislation gives the Commissioner of Police the power to release an offender's image if it is considered the person poses a serious risk to the lives or sexual safety of any child, even if they do not meet the criteria for a locality search release.

Reportable offenders

The term ‘reportable offender’ is defined in section 5 of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

A reportable offender is someone who has been convicted of a reportable offence, which is a sexual or other serious offence against a child (referred to as a 'prescribed offence'). Prescribed offences are listed in Schedule 1 of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

Corresponding reportable offenders

Offenders who are considered reportable offenders in other jurisdictions (including other parts of Australia and overseas) automatically become reportable offenders if they move to Queensland or visit for a period of time. These offenders are referred to as 'corresponding reportable offenders'. Corresponding reportable offenders must comply with Queensland reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

Post-DPSOA reportable offenders

Under section 5 of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 a person convicted of a child sexual offence and who is subject to a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 is also a reportable offender. While under their supervision order (or a temporary supervision order), their reporting obligations are suspended, as they must meet stringent requirements under that order. Once their supervision order has been finalised, they become a post-DPSOA reportable offender. Due to the serious nature of their offending, these offenders automatically go on the Child Protection Register for life.