Qld cops get new powers in fight against child exploitation material

New laws to be introduced in Queensland will give police unprecedented powers in the fight against child exploitation.

Police will have the power to enter child sex offenders’ homes to check their digital devices without a warrant, under new laws to be introduced in Queensland.

In a major crackdown on sick child sex offenders, police will also be able to make reportable offenders disclose any hidden applications on devices.

Offenders will also have to hand over their media access control (MAC) addresses for every device, including technology in their cars.

MACs are unique identifiers assigned to electronic devices.

New penalties of up to $43,000 in fines or five years’ jail will also be introduced for sex offenders who break reporting obligations and then again fail to report whatever details were previously unknown by authorities.

For instance, if an offender is convicted of failing to comply with reporting obligations by refusing to disclose a device password, they could be forced to hand over the password or face the hefty penalties.

Police Minister Mark Ryan said police officers kept discovering child sex offenders were using new web technology to target children.

“It is a very alarming and disturbing trend,” he said.

“Currently advanced anonymising software exists, such as virtual private networks and hidden phone applications, allowing these predators to remain invisible online, hiding evidence of their child sex offending.”

Mr Ryan said the new measures were a first for Australia and would be introduced into parliament under the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022.

He said the new laws would be another tool police could use to pursue child sex offenders.

“These offenders are the lowest of the low, and I am determined they’ll have nowhere to hide,” he said.

“As technology changes, it is critical police are given the tools they need to keep the pressure on child sex offenders.

“The QPS has been doing an outstanding job in its seemingly never-ending quest against this despicable behaviour.

“It is incredibly complex, and stressful, for the officers and any way in which the government can help ­legislatively we will absolutely do that.”

Detective Inspector Julie Duncan, from the QPS Child Protection Offender Registry, said the laws were an additional mechanism to monitor, disrupt and prevent repeat offending by those reportable offenders who have been convicted of serious offences against children.

“The safety of all Queenslanders remains paramount to the QPS and our approach to the monitoring of child sex offenders attached to the register within Queensland continues to be a priority,” Inspector Duncan said.

Detective Inspector Julie Duncan. Picture: Steve Pohlner

SUCCESSFUL PROSECUTIONS

 In 2021, investigators from CPOR conducted a home compliance check on a reportable offender who was subject to device inspections. A forensic computer program was used to examine his computer and it was found he had been watching child abuse material at the time police knocked on his door. The forensic computer program identified a hard drive had been plugged into the computer. When asked where the hard drive was, the reportable offender

reached under his bed and retrieved it. He had thrown it there as police were entering his house. The hard drive was examined and found to contain his Child Exploitation Material collection. He was charged with a number of offences and sentenced to a period of imprisonment for three (3) months. Upon his release from prison, he will be reporting for life.

 In April 2021, QPS received information from the National Centre for Missing and

Exploited Children in relation to an Australian user on a social media application platform distributing child exploitation material (CEM). A search warrant was executed upon the suspect who was a former reportable offender at that time. CEM images were found on his laptop computer and was found to have been writing CEM stories and posting them on the internet. He was charged with a number of Commonwealth offences, for which he was convicted and sentenced to a period of convicted of three (3) years and six (6) months

imprisonment.

 In July 2020, CPOR executed a search warrant upon a reportable offender in relation to unreported contact with a child and unreported social media. His phone was examined and evidence of the offences were located. He was issued with a Notice to Appear in relation to those offences. Furthermore, CPOR identified him as a high-risk offender who police believed would continue to commit offences against children. In August 2020, an online investigative

strategy using a covert online operative, was employed and the reportable offender was arrested after driving to meet a child for sex. The reportable offender was met by detectives and charged with a range of offences. The reportable offender was sentenced to a period of imprisonment for three (3) years and is now reporting for life.

 In September 2020, during a CPOR deployment, a compliance check was conducted with a reportable offender. An examination of his phone revealed that he had been using unreported social media accounts to chat to 31 female children. He was charged with a total of 36 offences for failing to comply with his reporting obligations and was subsequently sentenced to a period of imprisonment for 18 months and will continue to be a reportable offender upon release.

 In 2019, Detectives from CPOR conducted a routine compliance check and device inspection on a registered child sex offender. During this process, a forensic examination of the reportable offenders mobile phone revealed he was still accessing the internet to view child exploitation material. This information would not have been identified without the forensic tools utilised and the device inspection provisions under the CPOROPO Act. In addition to the criminal charges that were laid, police were able to further protect a young female family member, by raising and addressing the ongoing risk that the offender posed. 

The reportable offender imprisoned for 15 months.