Daniel's Law in Action: First Charges in Queensland, Recidivism Crisis in Victoria

Queensland: First Charges and Registry Performance

Charges and Community Reporting

Acting Police Commissioner Denzil Clark confirmed that nine offenders with potential access to children were reported by the community through the registry. Two of these individuals now face charges for failing to adhere to reporting requirements. Police are investigating the remaining seven reported offenders to determine if their reporting obligations were breached.

Additionally, police engaged with families to discuss child protection regarding concerns about other individuals' access to children, even when those individuals were not reportable offenders.

Misuse of the Registry

Brian Allan Smith, 47, was sentenced in Ipswich Magistrates Court to a six-month good behaviour bond for misusing the registry—the first charge laid under Daniel's Law. Smith posted a photograph, obtained from the online register, on Facebook on January 2, one day after the registry launched. A member of the public reported the post to police after it appeared in a Facebook community group.

Smith published the photo five times across three different Facebook groups, writing comments including "this face needs to be recognised" and "He is scum and shouldn't be living in our community."

Magistrate Leanne Scoines described Smith's actions as "misplaced vigilantism" and warned that misuse of the registry could push offenders "underground," increasing community vulnerability.

She noted the registry's strict guidelines, which state that information from the register can only be published with permission from the state's police commissioner. Smith's lawyer stated her client was unaware of the illegality, expressed remorse, and considered his actions a misguided attempt to inform the community. Smith received a six-month good behaviour bond with a $700 recognisance, payable if he is found guilty of any other offenses during the bond period.

Registry Overview

The public sex offender register, known as Daniel's Law, launched on December 31. Premier David Crisafulli stated at the time that the register provides police and parents with tools to enhance safety. The registry 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.

Usage Statistics and Feedback

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, displaying images of registered sex offenders nearby. All information is freely accessible, subject to strict access guidelines.

Some users have reported criticisms regarding unclear definitions of a "local area" on the website, with certain searches failing to display offenders living within 5 kilometers of a given address.

Victoria: System Challenges and Recidivism

Investigation Findings

An investigation by The Age identified at least 60 registered sex offenders in Victoria who committed new sexual offenses while under supervision by police. More than two-thirds of the 84 registered sex offenders sentenced for new crimes between 2020 and 2026 committed acts of serious sexual violence or grooming. The number of individuals on Victoria's Sex Offenders Register increased from 4,400 in 2012 to 11,150 by 2025.

Case Examples

• William Howard Lewis, who had 10 prior sex crime convictions, exposed himself to a 9-year-old girl and attempted to assault her in June 2024. He was subject to a court order prohibiting contact with children.
• Bryce Robinson, a registered sex offender, sexually assaulted a 9-year-old girl in a playground in 2016 after violating reporting conditions.
• Ben Morgan, required to report vehicle access, bought a car and was found masturbating above a sleeping woman in 2020.
• Rhys Wardle, after release in 2025, set up online accounts and was arrested after soliciting an undercover officer posing as a 13-year-old.
• Klynton Collins attempted to draw a fake 14-year-old to a hotel for sex after being suspected of violating conditions.

System Performance and Oversight

A 2019 Auditor-General inquiry found police chief Graham Ashton claimed a recidivism rate of about 2.3% but noted issues with counting methodology.

Detective Inspector Carla McIntyre and Superintendent Peter Brigham stated the system has been strengthened with compliance managers and proactive targeting teams.

Court records show investigators have conducted stings to catch offenders.

Three police sources, speaking anonymously, said the system is overburdened, with one officer responsible for 26 to 94 offenders (2019 data). The proactive targeting team had 21 members in 2019.

Secrecy and Anonymity

Sean Westgarth, a registered sex offender, abused three girls (ages 1, 7, and 12 with intellectual disability) over two years. His offender status was not publicly known. Westgarth had been on the sex offenders register for 13 years, with convictions for sexual penetration of a child and child abuse material, but court records were not published, and the register is inaccessible to the public.

An Age analysis of 84 registered sex offenders sentenced for further serious sex crimes between 2020 and 2026 found that only 13% were named after original offending, and 20% remained anonymous even after reoffending.

Justin Wright-Smith, a child sex offender whose 2019 conviction was unpublished, obtained a job as a delivery driver and kitchen hand without a Working with Children Check, enabling him to abuse two underage girls.

Victoria Police releases only limited information when registered sex offenders abscond, without details about the risk or past crimes.

The Sex Offenders Registration Act (SORA) prioritizes offender rehabilitation through privacy. Forensic psychiatrist Rajan Darjee noted that public shaming increases recidivism risk.

Some judges, like Val Gostencnik, have allowed publication of offender identities due to public safety risks, as in the case of serial offender Bryce Robinson.

Offender Statements

• Offender Dylan Woodstock told police: "I don't really give two shits about this f*ing list."
• Offender Kristian Ainsworth said he "probably would get away with it."
• Offender William Howard Lewis told his psychologist: "OK, if I'm a sex offender, then I'll just be who I am."

Government and Expert Responses

Detective Inspector Carla McIntyre (Victoria Police) stated: "We've recently put material on our internet page providing victims an opportunity to provide a preference to Victoria Police for contact by the registry about applications offenders make."

A Victorian government spokesperson stated: "We have some of Australia's toughest laws to monitor sexual offenders after they leave prison... When offenders breach the law or reoffend, they are investigated, prosecuted, and brought back before the courts."

Melbourne Law School associate professor Jason Bosland stated: "Persistent non-publication of judgments is a breach of the common law principle of open justice and is completely wrong."