Daniel's Law: First Misuse Charge Laid as Registry Sees Extensive Use
Queensland's public child sex offender registry, known as Daniel's Law, has led to multiple charges since its launch in December. Brian Allan Smith was given a good behaviour bond for misusing information from the registry by posting it on social media, marking the first charge of its kind. Separately, two individuals have been charged for failing to comply with reporting requirements, following community reports made through the new system. The registry has seen extensive use since its implementation.
Introduction to Daniel's Law
Daniel's Law, Queensland's public child sex offender registry, was officially launched on December 31. Premier David Crisafulli stated at the time that the registry was intended to provide police and parents with tools to enhance safety. The law, introduced in October, allows residents to apply for information about reportable offenders in their vicinity. It includes specific guidelines, explicitly stating that any information obtained from the register can only be published with permission from the state's police commissioner.
Case of Brian Allan Smith: First Misuse Charge
Brian Allan Smith, 47, received a six-month good behaviour bond for misusing the registry, marking the first charge laid under Daniel's Law related to information misuse.
Offence Details
On January 2, shortly after the registry's launch, Smith posted a photo obtained from the online register on Facebook. The post appeared in a Facebook community group for the Laidley, Gatton, and Lowood areas. His post included statements such as "this face needs to be recognised" and "He is scum and shouldn't be living in our community." He published the photo five times across three different Facebook groups. A member of the public reported the post to police.
Legal Proceedings
Appearing in Ipswich Magistrates Court, Smith's lawyer stated her client was unaware of the illegality, expressed remorse, and considered his actions a misguided attempt to inform the community.
Magistrate's Comments
Magistrate Leanne Scoines described Smith's actions as "misplaced vigilantism."
"Misuse of the registry could lead offenders to go 'underground,' which could increase community vulnerability."
Penalty
Smith received a six-month good behaviour bond with a $700 recognisance, which he must pay if found guilty of any other offenses during the bond period. The penalty was stated to serve as a deterrence to both Smith and the wider community.
Other Charges and Registry Performance
Acting Police Commissioner Denzil Clark reported that two other individuals have been charged for not adhering to reporting requirements, following community reports made through the registry.
Community Reports & Investigations
Nine offenders with potential access to children were reported by the community. Police are investigating the remaining seven for potential breaches of reporting obligations. Concerns regarding other individuals' access to children also led to police engagement with families to discuss child protection, even when those individuals were not classified as reportable offenders.
Registry Usage Statistics
In its first 10 weeks, the registry was accessed over 205,000 times, with nearly half of these searches occurring within the first week. During this period, 36,889 Tier 2 local searches were conducted, which display images of registered sex offenders nearby. All information is accessible under strict access guidelines.
Public Feedback
Some users have reported criticisms regarding unclear definitions of a "local area" on the website, noting instances where searches did not display offenders living within 5 kilometers of a given address.
Registry Functionality Explained
The public sex offender register allows for three types of searches:
- Tier 1: Provides a list of reportable offenders who have failed to comply with obligations and whose locations are unknown. This tier grants public access to an offender's full name, photograph, and year of birth, under the condition that users agree not to misuse the information.
- Tier 2: An online application enabling residents to view photographs of reportable offenders residing in their local area.
- Tier 3: An online application for parents or guardians to inquire whether a specific individual having unsupervised contact with their child is a reportable offender.