Offences involving children in Queensland

The offences and their maximums

The child exploitation material maximums increase where a hidden network or anonymising service was used. Commonwealth offences under sections 474.22 and 474.22A of the Criminal Code Act 1995 (Cth) frequently run alongside the state charges where the material crossed a carriage service.

What the prosecution has to prove, and what is not a defence

For section 210, the prosecution must prove an indecent act with or in the presence of a child under 16, and that the child was under 16. Consent is irrelevant. A child under 16 cannot consent to any of this conduct.

• Mistake about age. Under section 229 a belief that the child was 16 or over is a defence in some circumstances for a child aged 12 or over, but the accused must prove the belief was honest and reasonable. It is never a defence where the child was under 12.
• Consent. Not a defence to any offence against a child under 16, no matter what the child said or did.
• Not knowing what was in a folder. For section 228D possession of child exploitation material, the prosecution must prove knowing possession. Automatic caching, group chat downloads and shared devices generate genuine disputes about knowledge and control.

Cruelty to children under section 364 is different in character. It requires that a person having care of a child under 16 causes harm to the child by failing to provide adequate food, clothing, medical treatment, accommodation or care.

The consequences that start before the trial does

• Blue cards. A charge alone suspends a blue card under the Working with Children (Risk Management and Screening) Act 2000 (Qld). That ends most work in education, health, sport and childcare immediately.
• Child safety. The Department may take separate action about contact with your own children, in the Childrens Court, on a different standard of proof and a different timetable.
• Reporting obligations. A conviction for a reportable offence triggers obligations to the Queensland Police Service under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) for 5 years, 15 years or life.
• Bail conditions. Usually include no unsupervised contact with children, including your own, and restrictions on internet capable devices.

How these matters are run properly

The evidence is usually a recorded interview with the child under section 93A of the Evidence Act 1977 (Qld), and pre recorded cross examination as an affected child witness under section 21AK. That means the child gives evidence long before the trial, and the opportunity to test it comes once.

Where the case rests on child exploitation material, an independent forensic examination of the device is frequently decisive. Questions of who had access, when files arrived, whether anything was opened, and whether material was thumbnail cache rather than deliberate downloads all change the charge and the sentence.

Do not talk to anyone about the allegation, do not contact the complainant or their family, and do not attempt your own investigation. Every one of those is treated as interference and will cost you bail and credibility.