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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Community Protection (Offender Reporting)
Bill 2004
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Meaning of finding of guilt 7
5. Other reference provisions 8
Part 2 -- Offenders to whom Act
applies
Division 1 -- General
6. Reportable offenders 9
7. Corresponding reportable offenders 10
8. New South Wales reportable offenders 11
9. Reportable offences 11
10. Class 1 offences 11
11. Class 2 offences 12
12. Class 3 offences 12
13. Offender reporting orders 13
Division 2 -- Past offender reporting orders
14. Terms used in this Division 14
15. Commissioner may apply for reporting orders 15
16. Fixing a hearing 15
17. Evidence 15
18. How application to be disposed of 15
19. Court may make reporting orders 16
20. Attendance at hearings 16
21. Notification of orders made in absence of respondent 17
336--1 page i
Community Protection (Offender Reporting) Bill 2004
Contents
22. Appeals 17
23. Appeal does not stay order 17
Part 3 -- Reporting obligations
Division 1 -- Initial report
24. When the report must be made 18
25. When new initial report must be made by offender
whose previous reporting obligations have ceased 20
26. Initial report by reportable offender of personal details 21
27. Persons required to report under corresponding Act 24
Division 2 -- Ongoing reporting obligations
28. Reportable offender to report annually and as required
by Commissioner 25
29. Reportable offender to report changes to relevant
personal details 26
30. Intended absence from Western Australia to be
reported 27
31. Change of travel plans while out of Western Australia
to be reported 28
32. Reportable offender to report return to Western
Australia or decision not to leave 28
33. Report of other absences from Western Australia 29
Division 3 -- Provisions applying to all reporting
obligations
34. Where reports must be made 29
35. How reports must be made 30
36. Right to privacy and support when reporting 31
37. Receipt of information to be acknowledged 31
38. Additional matters to be provided 32
39. Power to take fingerprints 34
40. Power to take photographs 34
41. Reasonable force may be used to obtain fingerprints
and photographs 34
42. Retention of material for certain purposes 35
43. Reporting by remote offenders 35
Division 4 -- Suspension and extension of
reporting obligations
44. Suspension and extension of reporting obligations 37
page ii
Community Protection (Offender Reporting) Bill 2004
Contents
Division 5 -- Reporting period
45. When reporting obligations begin 38
46. Length of reporting period 38
47. Reduced period applies for young reportable offenders 39
48. Extended reporting period if reportable offender still
on parole 40
49. Reporting period for corresponding reportable
offenders 40
50. Reporting period for New South Wales reportable
offenders 40
Division 6 -- Exemption from reporting
obligations
51. Application of Division 41
52. District Court may exempt certain reportable
offenders 41
53. Order for suspension 42
54. Commissioner and certain chief executive officers
entitled to be parties to proceedings 43
55. Commissioner to be notified of order 44
56. No costs to be awarded 44
57. Applications not to be heard in public on application
of party to proceedings 44
58. Restriction on right of unsuccessful applicant to
re-apply for order 44
59. Cessation of order 44
60. Application for new order 45
Division 7 -- Suspension of reporting obligations
of certain reportable offenders
61. Commissioner may approve suspension of reporting
obligations 46
62. Cessation of approval 47
Division 8 -- Offences
63. Failure to comply with reporting obligations 48
64. Providing false or misleading information 49
65. No time limit for prosecutions 49
66. Bar to prosecution for failing to report leaving
Western Australia 49
Division 9 -- Notification of reporting obligations
67. Notice to be given to reportable offender 49
page iii
Community Protection (Offender Reporting) Bill 2004
Contents
68. Courts to provide sentencing information to
Commissioner 50
69. Notice to be given when reporting period changes 51
70. Supervising authority to notify Commissioner of
certain events 51
71. Notices may be given by Commissioner 52
72. Power of detention to enable notice to be given 52
73. Failure to comply with procedural requirements does
not affect reportable offender's obligations 53
Division 10 -- Modified reporting procedures for
participants in witness protection programs
74. Term used in this Division 53
75. Who this Division applies to 53
76. Report need not be made in person 54
77. Determination as to whether this Division applies 54
78. When determination takes effect 55
79. Modification of reporting obligations 56
Part 4 -- Community Protection
Offender Register
80. Requirement to establish and maintain Community
Protection Offender Register 57
81. Access to the Register to be restricted 58
82. Confidentiality 59
83. Restriction on who may access personal information
on protected witnesses 60
84. Reportable offender's rights in relation to Register 60
Part 5 -- Prohibition orders
Division 1 -- Preliminary
85. Terms used in this Part 61
86. Evidence 62
Division 2 -- Orders
87. Commissioner may apply for orders 62
88. Fixing a hearing 62
89. How application to be disposed of 62
90. Court may make child protection prohibition orders 62
91. Term of child protection prohibition orders 64
92. Interim child protection prohibition orders 64
page iv
Community Protection (Offender Reporting) Bill 2004
Contents
93. Conduct that may be the subject of orders 65
94. Explanation of orders 66
95. Consent orders 66
Division 3 -- Variation or revocation
96. Variation or revocation of child protection prohibition
orders 67
97. Fixing a hearing 68
98. How application to be disposed of 68
Division 4 -- Attendance at hearings
99. Attendance at hearings 69
100. Notification of orders made in absence of respondent 69
Division 5 -- Offence
101. Failure to comply with orders 69
Division 6 -- Appeals
102. Appeals 70
103. Appeal does not stay order 70
Division 7 -- Miscellaneous
104. Applications not to be heard in public 71
105. Commissioner to be given information relating to
reportable offenders 71
106. Restriction on publication of identity of reportable
offenders and victims 71
107. Prohibition orders have no effect to extent of
inconsistency with certain other orders 73
108. Recognition of prohibition orders made in other
jurisdictions 73
Part 6 -- Other matters
109. Protection from liability 75
110. Delegation by Commissioner 75
111. Effect of spent convictions 76
112. Civil standard of proof 76
113. Certificate concerning evidence 76
114. Regulations 77
115. Minister to review and report on Act 79
116. Consequential amendments to Sentencing Act 1995 80
page v
Community Protection (Offender Reporting) Bill 2004
Contents
Schedule 1 -- Class 1 offences 81
Schedule 2 -- Class 2 offences 82
Schedule 3 -- Class 3 offences 84
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
Community Protection (Offender Reporting)
Bill 2004
A Bill for
An Act to require certain offenders who commit sexual or certain
other serious offences to keep police informed of their whereabouts
and other personal details for a period of time to reduce the
likelihood that they will re-offend and to facilitate the investigation
and prosecution of any future offences that they may commit, to
enable courts to make orders prohibiting certain offenders from
engaging in specified conduct, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Community Protection (Offender Reporting) Bill 2004
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This Act may be cited as the Community Protection (Offender
Reporting) Act 2004.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Terms used in this Act
10 In this Act, unless the context otherwise requires --
"approved place" means a place approved by the
Commissioner under section 34(1)(b);
"authorised person" means a police officer or a person, or a
person who falls within a class of persons, prescribed by
15 the regulations;
"child" means a person who is under 18 years of age;
"Class 1 offence" has the meaning given to that term in
section 10;
"Class 2 offence" has the meaning given to that term in
20 section 11;
"Class 3 offence" has the meaning given to that term in
section 12;
"commencement day" means the day on which section 24
comes into operation;
25 "Commissioner" means the person holding or acting in the
office of Commissioner of Police under the Police
Act 1892;
page 2
Community Protection (Offender Reporting) Bill 2004
Preliminary matters Part 1
s. 3
"community order" means --
(a) a community based order or intensive supervision
order made under the Sentencing Act 1995; or
(b) a youth community based order or intensive youth
5 supervision order made under the Young Offenders
Act 1994;
"corresponding Act" means a law of a foreign jurisdiction
that --
(a) provides for people who have committed specified
10 offences to report in that jurisdiction information
about themselves and to keep that information current
for a specified period; and
(b) is prescribed by the regulations to be a corresponding
Act for the purposes of this Act;
15 "corresponding offender reporting order" means an order
made under a corresponding Act that falls within a class of
orders that are prescribed by the regulations to be
corresponding offender reporting orders for the purposes of
this Act;
20 "corresponding registrar" means the person whose functions
under a corresponding Act most closely correspond to the
functions of the Commissioner under this Act;
"corresponding reportable offence" means an offence that is a
reportable offence for the purposes of a corresponding Act
25 but is not a reportable offence as defined in section 9;
"corresponding reportable offender" has the meaning given
to that term in section 7;
"court" includes a court (however described) of a foreign
jurisdiction;
30 "detainee" means a person who is detained in a detention
centre, as defined in the Young Offenders Act 1994
section 3;
page 3
Community Protection (Offender Reporting) Bill 2004
Part 1 Preliminary matters
s. 3
"disability", in relation to a person, means --
(a) any defect or disturbance in the normal structure or
functioning of the person's body;
(b) any defect or disturbance in the normal structure or
5 functioning of the person's brain; or
(c) any illness or condition that impairs the person's
thought processes, perception of reality, emotions or
judgment or that results in disturbed behaviour,
whether arising from a condition subsisting at birth or from
10 an illness or injury;
"existing controlled reportable offender" means a person
who, as a result of having been sentenced for a reportable
offence, was under the supervision of a supervising
authority or any other person immediately before the
15 commencement day and includes a person who was in
government custody in respect of a reportable offence at
that time;
"existing licensee" means a person who is released under --
(a) a re-entry release order made under the Sentence
20 Administration Act 2003; or
(b) a supervised release order made under the Young
Offenders Act 1994,
and includes a person who has a similar status under the
laws of a foreign jurisdiction;
25 "finding of guilt" has the meaning given to that term in
section 4;
"foreign jurisdiction" means a jurisdiction other than Western
Australia (including jurisdictions outside Australia);
"foreign witness protection law" means a law of a foreign
30 jurisdiction that provides for the protection of witnesses;
"government custody" means --
(a) custody as a prisoner or detainee or as a mentally
impaired defendant where the custody order made
page 4
Community Protection (Offender Reporting) Bill 2004
Preliminary matters Part 1
s. 3
under the Criminal Law (Mentally Impaired
Defendants) Act 1996 Part 4, as originally made,
requires the person to be kept in strict government
custody; or
5 (b) custody under a law of a foreign jurisdiction in the
nature of custody referred to in paragraph (a);
"mentally impaired defendant" means a person who is subject
to a custody order made under the Criminal Law (Mentally
Impaired Defendants) Act 1996 Part 4;
10 "New South Wales Act" means the Child Protection
(Offenders Registration) Act 2000 of New South Wales;
"New South Wales reportable offender" has the meaning
given to that term in section 8;
"offender reporting order" means an order made under
15 section 13 and includes a corresponding offender reporting
order;
"parole" means parole under an order made under the Sentence
Administration Act 2003 and includes parole under an
equivalent order made under the laws of a foreign
20 jurisdiction;
"past offender reporting order" means an order made under
section 19;
"personal details" means the information listed in
section 26(1);
25 "personal information" means information about an individual
whose identity is apparent or can reasonably be ascertained
from the information;
"prisoner" has the meaning given to that term in the Prisons
Act 1981 section 3;
30 "prohibition order" has the meaning given to that term in
section 85;
"public authority" means --
(a) a department of the Public Service;
page 5
Community Protection (Offender Reporting) Bill 2004
Part 1 Preliminary matters
s. 3
(b) a local government or regional local government; or
(c) any other body, whether incorporated or not, that is
established or continued for a public purpose under a
written law and that, under the authority of a written
5 law, performs a statutory function on behalf of the
State;
"Register" means the Community Protection Offender Register
established under section 80;
"reportable offence" has the meaning given to that term in
10 section 9;
"reportable offender" has the meaning given to that term in
section 6;
"reporting obligations", in relation to a reportable offender,
means the obligations imposed on him or her by Part 3;
15 "reporting period" means the period, as determined under
Part 3 Division 5, during which a reportable offender must
comply with his or her reporting obligations;
"sentence" includes --
(a) an exercise of power under the Sentencing Act 1995
20 Part 6;
(b) an order under the Sentencing Act 1995 Part 7;
(c) an exercise of power under the Young Offenders
Act 1994 section 66, 67, 69 or 70;
(d) a custody order made under the Criminal Law
25 (Mentally Impaired Defendants) Act 1996 Part 4;
(e) a special order made under the Young Offenders
Act 1994 section 126; and
(f) anything prescribed by the regulations to be a
sentence for the purposes of this definition,
30 and any sentence or equivalent exercise of power or order
under the laws of a foreign jurisdiction;
"strict government custody", in relation to a reportable
offender, means custody as a prisoner, detainee or mentally
page 6
Community Protection (Offender Reporting) Bill 2004
Preliminary matters Part 1
s. 4
impaired defendant, but does not include such custody if
the reportable offender --
(a) is regularly permitted to be absent from a place of
custody for any period, regardless of its length,
5 whether on leave of absence or otherwise; and
(b) is not during any such period under the immediate
supervision of an officer of a supervising authority or
other person having custody of the reportable
offender;
10 "supervising authority", in relation to a class of reportable
offenders, means the authority prescribed by the
regulations as the supervising authority of that class of
reportable offenders;
"young reportable offender" means a reportable offender who
15 is a child.
4. Meaning of finding of guilt
(1) For the purposes of this Act, a reference to a finding of guilt
(however expressed) in relation to an offence committed by a
person is a reference to any of the following --
20 (a) a court making a formal finding of guilt in relation to the
offence;
(b) a court convicting the person of the offence, if there has
been no formal finding of guilt before conviction;
(c) a court accepting a plea of guilty from the person in
25 relation to the offence;
(d) a finding under The Criminal Code section 27 that the
person is not guilty of the offence on account of
unsoundness of mind or a finding under equivalent
provisions of the laws of a foreign jurisdiction.
30 (2) A reference to a finding of guilt in this Act does not include a
finding of guilt that is subsequently quashed or set aside by a
court.
page 7
Community Protection (Offender Reporting) Bill 2004
Part 1 Preliminary matters
s. 5
5. Other reference provisions
(1) For the purposes of this Act, offences arise from the same
incident only if they are committed within a single period of
24 hours and against the same person.
5 (2) A reference in this Act to doing a thing "in person" is a
reference to doing the thing by personal attendance at a place,
and it is not sufficient to attend the place by telephone or by any
other electronic means.
page 8
Community Protection (Offender Reporting) Bill 2004
Offenders to whom Act applies Part 2
General Division 1
s. 6
Part 2 -- Offenders to whom Act applies
Division 1 -- General
6. Reportable offenders
(1) Subject to subsections (4) and (5), a reportable offender is a
5 person whom a court, on or after the commencement day,
sentences for a reportable offence.
(2) A person is also a reportable offender if --
(a) the person was sentenced for a reportable offence before
the commencement day and is an existing controlled
10 reportable offender in respect of that offence; or
(b) if paragraph (a) does not apply, the person --
(i) was sentenced before the commencement day for
2 or more reportable offences; and
(ii) at least one of those offences was committed
15 within 8 years before that day.
(3) A person who is --
(a) a corresponding reportable offender; or
(b) a New South Wales reportable offender,
is also a reportable offender.
20 (4) Unless he or she is a reportable offender because of
subsection (3), a person is not a reportable offender merely
because he or she as a child committed a single offence
(including an offence under the laws of a foreign jurisdiction)
that falls within a class of offences that are prescribed by the
25 regulations to be offences for the purposes of this subsection.
(5) A person is also not a reportable offender if he or she is
receiving protection under a foreign witness protection law
specified by the regulations for the purposes of this subsection,
or who has the same status as such a person under an order
page 9
Community Protection (Offender Reporting) Bill 2004
Part 2 Offenders to whom Act applies
Division 1 General
s. 7
made under a corresponding Act specified by the regulations for
the purposes of this subsection.
(6) A person ceases to be a reportable offender if --
(a) the finding of guilt in respect of the only offence that
5 makes the person a reportable offender for the purposes
of this Act is quashed or set aside by a court; or
(b) the person is a reportable offender only because he or
she is subject to an offender reporting order or past
offender reporting order and that order is quashed on
10 appeal.
(7) For the purposes of this section, it is irrelevant whether or not a
person may lodge, or has lodged, an appeal in respect of a
finding of guilt, sentence or offender reporting order or past
offender reporting order.
15 (8) A reference to a single offence in subsection (4) includes a
reference to more than one offence of the same kind arising
from the same incident.
7. Corresponding reportable offenders
A corresponding reportable offender is a person --
20 (a) who had at any time (whether before, on or after the
commencement day) been in a foreign jurisdiction and
at that time had been required to report to the
corresponding registrar in that jurisdiction; and
(b) who --
25 (i) would, if he or she were currently in that foreign
jurisdiction, be required to report to the
corresponding registrar in that jurisdiction for a
longer period than he or she would be required to
report under this Act; or
30 (ii) falls within a class of persons who are prescribed
by the regulations to be corresponding reportable
offenders for the purposes of this Act.
page 10
Community Protection (Offender Reporting) Bill 2004
Offenders to whom Act applies Part 2
General Division 1
s. 8
8. New South Wales reportable offenders
A New South Wales reportable offender is a person who had
been in New South Wales at a time before the date specified by
the regulations for the purposes of this section and whose
5 reporting obligations under the New South Wales Act had
begun at that time, other than a person prescribed by the
regulations not to be a New South Wales reportable offender for
the purposes of this Act.
9. Reportable offences
10 A reportable offence is --
(a) a Class 1 offence;
(b) a Class 2 offence;
(c) a Class 3 offence, if the person concerned has previously
been found guilty of another Class 3 offence; or
15 (d) an offence that results in the making of an offender
reporting order or past offender reporting order.
10. Class 1 offences
A Class 1 offence is --
(a) an offence against a provision listed in Schedule 1;
20 (b) an offence under a law of a foreign jurisdiction the
elements of which, if they had occurred in Western
Australia, would have constituted an offence of a kind
referred to in this section;
(c) an offence under a law of a foreign jurisdiction that is
25 prescribed by the regulations to be a Class 1 offence;
(d) an offence an element of which is an intention to
commit an offence of a kind referred to in this section;
(e) an offence of attempting, or of conspiracy or incitement,
to commit an offence of a kind referred to in this
30 section; or
page 11
Community Protection (Offender Reporting) Bill 2004
Part 2 Offenders to whom Act applies
Division 1 General
s. 11
(f) an offence that, at the time it was committed --
(i) was a Class 1 offence for the purposes of
this Act; or
(ii) in the case of an offence committed before the
5 commencement day -- was an offence of a kind
referred to in this section.
11. Class 2 offences
A Class 2 offence is --
(a) an offence against a provision listed in Schedule 2;
10 (b) an offence under a law of a foreign jurisdiction the
elements of which, if they had occurred in Western
Australia, would have constituted an offence of a kind
referred to in this section;
(c) an offence under a law of a foreign jurisdiction that is
15 prescribed by the regulations to be a Class 2 offence;
(d) an offence an element of which is an intention to
commit an offence of a kind referred to in this section;
(e) an offence of attempting, or of conspiracy or incitement,
to commit an offence of a kind referred to in this
20 section; or
(f) an offence that, at the time it was committed --
(i) was a Class 2 offence for the purposes of this
Act; or
(ii) in the case of an offence committed before the
25 commencement day -- was an offence of a kind
referred to in this section.
12. Class 3 offences
A Class 3 offence is --
(a) an offence against a provision listed in Schedule 3;
30 (b) an offence under a law of a foreign jurisdiction the
elements of which, if they had occurred in Western
page 12
Community Protection (Offender Reporting) Bill 2004
Offenders to whom Act applies Part 2
General Division 1
s. 13
Australia, would have constituted an offence of a kind
referred to in this section;
(c) an offence under a law of a foreign jurisdiction that is
prescribed by the regulations to be a Class 3 offence;
5 (d) an offence an element of which is an intention to
commit an offence of a kind referred to in this section;
(e) an offence of attempting, or of conspiracy or incitement,
to commit an offence of a kind referred to in this
section; or
10 (f) an offence that, at the time it was committed --
(i) was a Class 3 offence for the purposes of this
Act; or
(ii) in the case of an offence committed before the
commencement day -- was an offence of a kind
15 referred to in this section.
13. Offender reporting orders
(1) If --
(a) a court finds a person guilty of an offence that is not a
Class 1 offence or a Class 2 offence; and
20 (b) apart from this section, that offence would not result in
the person becoming a reportable offender,
the court may order that the offender comply with the reporting
obligations of this Act.
(2) The court may make the order only if it is satisfied that the
25 offender poses a risk to the lives or the sexual safety of one or
more persons, or persons generally.
(3) For the purposes of subsection (2), it is not necessary that the
court be able to identify a risk to a particular person or
particular persons or a particular class of persons.
page 13
Community Protection (Offender Reporting) Bill 2004
Part 2 Offenders to whom Act applies
Division 2 Past offender reporting orders
s. 14
(4) In deciding whether to make the order in relation to an offence,
the court may take into account the following --
(a) any evidence given during proceedings for the offence;
(b) any document or record (including an electronic
5 document or record) served on the offender by the
prosecution;
(c) any statement tendered, or deposition made, or exhibit
tendered, at any proceedings in relation to the offence;
(d) any evidence given by a victim or the offender in
10 relation to the making of the order;
(e) any pre-sentence report given to the court;
(f) any victim impact statement given to the court;
(g) any mediation report given to the court;
(h) any other matter the court considers relevant.
15 (5) The court must make the order at the time the person is
sentenced for the offence.
(6) An application for the imposition of the order may be made by
the prosecution, but an application is not necessary for the court
to make the order.
20 (7) For the purposes of Part 3 Division 5, a person subject to an
order made under this section is taken to have been found guilty
of a Class 2 offence.
Division 2 -- Past offender reporting orders
14. Terms used in this Division
25 In this Division --
"court" means --
(a) if the respondent is a child -- the Children's Court;
or
(b) otherwise, the District Court;
page 14
Community Protection (Offender Reporting) Bill 2004
Offenders to whom Act applies Part 2
Past offender reporting orders Division 2
s. 15
"registrar" means the clerk or registrar of the court to which an
application for a reporting order is made;
"reporting order" means a past offender reporting order;
"respondent" means the person who is subject to a reporting
5 order or in respect of whom a reporting order is sought.
15. Commissioner may apply for reporting orders
If --
(a) a person has been sentenced before the commencement
day for an offence; and
10 (b) the person is not and has not been a reportable offender
in respect of that offence,
the Commissioner may apply to a court for an order that the
person comply with the reporting obligations of this Act.
16. Fixing a hearing
15 When an application for a reporting order is made the registrar
must --
(a) fix a day, time and place for the hearing;
(b) prepare a summons in the prescribed form;
(c) cause the summons to be served on the respondent; and
20 (d) notify the applicant of the hearing.
17. Evidence
Evidence may be given at a hearing orally or by affidavit.
18. How application to be disposed of
The court may dispose of the application --
25 (a) by making a reporting order;
(b) by dismissing the application; or
(c) at the request of the applicant -- by discontinuing the
application.
page 15
Community Protection (Offender Reporting) Bill 2004
Part 2 Offenders to whom Act applies
Division 2 Past offender reporting orders
s. 19
19. Court may make reporting orders
(1) The court may make an order that a person comply with the
reporting obligations of this Act if the court is satisfied that the
person poses a risk to the lives or sexual safety of one or more
5 persons, or persons generally.
(2) For the purposes of subsection (1), it is not necessary that the
court be able to identify a risk to a particular person or
particular persons or a particular class of persons.
(3) For the purposes of Part 3 Division 5, a person subject to an
10 order made under this section in respect of an offence that is a
reportable offence is taken to have been found guilty of, and to
have been sentenced for, the offence when the order was made.
(4) For the purposes of Part 3 Division 5, a person subject to an
order made under this section in respect of an offence that is not
15 a reportable offence is taken to have been found guilty of, and to
have been sentenced for, a Class 2 offence when the order was
made.
20. Attendance at hearings
(1) If the applicant does not attend a hearing fixed under section 16,
20 the court --
(a) if it is satisfied the applicant was notified of the
hearing -- must dismiss the application; or
(b) otherwise, must adjourn the hearing.
(2) If the respondent does not attend a hearing fixed under
25 section 16 and the applicant does attend, the court --
(a) if it is satisfied that the respondent was served with a
summons requiring the respondent to attend the
hearing -- must hear the matter in the absence of the
respondent; or
30 (b) otherwise, must adjourn the hearing.
page 16
Community Protection (Offender Reporting) Bill 2004
Offenders to whom Act applies Part 2
Past offender reporting orders Division 2
s. 21
(3) The registrar of a court that adjourns a hearing must notify any
party permitted to attend the hearing who was not present when
the hearing was adjourned.
21. Notification of orders made in absence of respondent
5 The registrar of a court that makes a reporting order in the
absence of the respondent must cause a copy of the order to be
served on the respondent.
22. Appeals
(1) A person aggrieved by the decision of a court --
10 (a) under section 18(b) to dismiss an application; or
(b) to make a reporting order,
may appeal against that decision in accordance with this section.
(2) If the decision was made by the District Court, the appeal is to
be made to the Full Court in accordance with the District Court
15 of Western Australia Act 1969 section 79(1)(a).
(3) If the decision was made by the Children's Court when
constituted so as not to consist of or include a Judge, the appeal
is to be made as if the decision were a decision to which the
Children's Court of Western Australia Act 1988 section 41
20 applied.
(4) If the decision was made by the Children's Court when
constituted so as to consist of or include a Judge, the appeal is to
be made as if the decision were a decision to which the
Children's Court of Western Australia Act 1988 section 43
25 applied.
23. Appeal does not stay order
An appeal against an order made under this Part does not
operate to stay the operation of the order unless the court to
which the appeal is made so orders.
page 17
Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 1 Initial report
s. 24
Part 3 -- Reporting obligations
Division 1 -- Initial report
24. When the report must be made
(1) A reportable offender of a kind referred to in column 1 of the
5 Table to this subsection must report his or her personal details to
the Commissioner within the period specified in column 2 of the
Table.
Table
Column 1 Column 2
Reportable offender Period for initial report
A reportable offender (other Within 7 days after he or she ceases
than a corresponding to be in government custody
reportable offender) who
enters government custody in
Western Australia on or after
the commencement day as a
consequence of having been
sentenced for a reportable
offence and who ceases to be
in government custody while
in Western Australia
A reportable offender (other Within 60 days after the
than a corresponding commencement day or 7 days after
reportable offender) in he or she ceases to be in government
government custody in custody, whichever is the later
Western Australia immediately
before the commencement day
and who ceases to be in
government custody while in
Western Australia
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Initial report Division 1
s. 24
Column 1 Column 2
Reportable offender Period for initial report
A reportable offender (other Within 60 days after the
than a corresponding commencement day or, if he or she is
reportable offender) who is in given written notice of his or her
Western Australia on the reporting obligations within 30 days
commencement day, but who after that day, within 7 days after he
is not in government custody or she is given that notice
at that time
Any other reportable offender Within 7 days after he or she is
who is sentenced in Western sentenced
Australia for a reportable
offence
A reportable offender who Within 14 days after entering
enters Western Australia from Western Australia, if remaining in
a foreign jurisdiction and who Western Australia for 14 or more
has not previously been consecutive days, not counting any
required under this section to days spent in government custody
report his or her personal
details to the Commissioner
A corresponding reportable Within 7 days after he or she
offender who has not becomes a corresponding reportable
previously reported his or her offender or 7 days after he or she
personal details to the ceases to be in government custody,
Commissioner and who is in whichever is the later
Western Australia on the date
on which he or she becomes a
corresponding reportable
offender
(2) Despite subsection (1), a reportable offender must report his or
her personal details to the Commissioner before leaving
Western Australia unless he or she entered Western Australia
from a foreign jurisdiction and remained in Western Australia
5 for less than 14 consecutive days, not counting any days spent
in government custody.
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Division 1 Initial report
s. 25
25. When new initial report must be made by offender whose
previous reporting obligations have ceased
(1) If a reportable offender's reporting period expires but he or she
is then sentenced for a reportable offence, he or she must report
5 his or her personal details to the Commissioner --
(a) within 7 days after being sentenced for the reportable
offence; or
(b) if he or she is in government custody -- within 7 days
after ceasing to be in government custody,
10 whichever is the later.
(2) If a reportable offender's reporting period expires but he or she
then becomes a corresponding reportable offender who must
under section 49 continue to comply with the reporting
obligations imposed by this Part for any period, he or she must
15 report his or her personal details to the Commissioner --
(a) within 7 days after becoming a corresponding reportable
offender; or
(b) if he or she is in government custody -- within 7 days
after ceasing to be in government custody,
20 whichever is the later.
(3) If a reportable offender's reporting obligations are suspended by
an order made under section 53 (or an equivalent order in a
foreign jurisdiction) and that order ceases to have effect under
section 59 (or an equivalent provision of the laws of a foreign
25 jurisdiction), the reportable offender must report his or her
personal details to the Commissioner --
(a) within 7 days after the order ceases to have effect; or
(b) if he or she is in government custody -- within 7 days
after ceasing to be in government custody,
30 whichever is the later.
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Initial report Division 1
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(4) If a reportable offender's reporting obligations are suspended by
an approval granted under section 61 and that approval ceases to
have effect under section 62, the reportable offender must report
his or her personal details to the Commissioner --
5 (a) within 7 days after the approval ceases to have effect; or
(b) if he or she is in government custody -- within 7 days
after ceasing to be in government custody,
whichever is the later.
(5) If a reportable offender is not in Western Australia at the time
10 he or she would be required under subsection (1), (2), (3) or (4)
to report his or her personal details to the Commissioner, then
he or she must report his or her personal details within 14 days
after entering Western Australia.
(6) A person does not commit an offence against section 63 because
15 of a failure to comply with the reporting obligation imposed by
subsection (5) if he or she does not remain in Western Australia
for 14 or more consecutive days, not counting any days spent in
government custody.
(7) Despite subsections (1), (2), (3) and (4), a reportable offender
20 must report his or her personal details to the Commissioner
before leaving Western Australia unless he or she entered
Western Australia from a foreign jurisdiction and remained in
Western Australia for less than 14 consecutive days, not
counting any days spent in government custody.
25 26. Initial report by reportable offender of personal details
(1) The details the reportable offender must report are --
(a) his or her name, together with any other name by which
he or she is, or has previously been, known;
(b) in respect of each name other than his or her current
30 name, the period during which he or she was known by
that other name;
(c) his or her date of birth;
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Division 1 Initial report
s. 26
(d) the address of each of the premises at which he or she
generally resides or, if he or she does not generally
reside at any particular premises, the name of each of the
localities in which he or she can generally be found;
5 (e) the names and ages of any children who generally reside
in the same household as that in which he or she
generally resides, or with whom he or she has regular
unsupervised contact;
(f) if he or she is employed --
10 (i) the nature of his or her employment;
(ii) the name of his or her employer (if any); and
(iii) the address of each of the premises at which he
or she is generally employed or, if he or she is
not generally employed at any particular
15 premises, the name of each of the localities in
which he or she is generally employed;
(g) details of his or her affiliation with any club or
organisation that has members who are children or that
conducts activities in which children participate;
20 (h) the make, model, colour and registration number of any
motor vehicle owned by, or generally driven by, him or
her;
(i) details of any tattoos or permanent distinguishing marks
that he or she has (including details of any tattoo or
25 mark that has been removed);
(j) whether he or she has ever been found guilty in any
foreign jurisdiction of a reportable offence or of an
offence that required him or her to report to a
corresponding registrar or been subject to a
30 corresponding offender reporting order or a
corresponding prohibition order recognised under
section 108 and, if so, where that finding occurred or
that order was made;
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Initial report Division 1
s. 26
(k) if he or she has been in government custody since he or
she was sentenced or released from government custody
(as the case may be) in respect of a reportable offence or
corresponding reportable offence -- details of when and
5 where that government custody occurred; and
(l) if, at the time of making a report under this Division, he
or she leaves, or intends to leave, Western Australia to
travel elsewhere in Australia on an average of at least
once a month (irrespective of the length of any such
10 absence) --
(i) in general terms, the reason for travelling; and
(ii) in general terms, the frequency and destinations
of the travel.
(2) For the purposes of this section --
15 (a) a reportable offender does not generally reside at any
particular premises unless he or she resides at those
premises for at least 14 days (whether consecutive or
not) in any period of 12 months;
(b) a child does not generally reside in the same household
20 as a reportable offender unless they reside together in
that household for at least 14 days (whether consecutive
or not) in any period of 12 months;
(c) a reportable offender does not have regular unsupervised
contact with a child unless he or she has unsupervised
25 contact with the child for at least 14 days (whether
consecutive or not) in any period of 12 months;
(d) a reportable offender is not generally employed at any
particular premises unless he or she is employed at those
premises for at least 14 days (whether consecutive or
30 not) in any period of 12 months; and
(e) a reportable offender does not generally drive a
particular motor vehicle unless the person drives that
vehicle for at least 14 days (whether consecutive or not)
in any period of 12 months.
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Division 1 Initial report
s. 27
(3) For the purposes of this section, a person is taken to be
employed if he or she --
(a) carries out work under a contract of employment;
(b) carries out work as a self-employed person or as a
5 subcontractor;
(c) carries out work as a volunteer for an organisation;
(d) undertakes practical training as part of an educational or
vocational course; or
(e) carries out work as a minister of religion or in any other
10 capacity for the purposes of a religious organisation.
(4) For the purposes of this section, a person is taken to be an
employer of a reportable offender if the person --
(a) arranges, in the course of business, for the reportable
offender to be employed by another person; or
15 (b) engages the reportable offender under contract to carry
out work.
27. Persons required to report under corresponding Act
(1) This section applies to a person (other than a person to whom
Division 10 applies) who has been required to report to a
20 corresponding registrar, whether or not he or she is a reportable
offender for the purposes of this Act.
(2) Unless the person has previously complied with the obligation
imposed by this section, he or she must, within 7 days after
entering Western Australia, contact (by telephone or another
25 means prescribed by the regulations) an authorised person
nominated by the Commissioner for the purposes of this section.
(3) The contacted authorised person must advise the person whether
he or she is a reportable offender for the purposes of this Act
and any reporting obligations that he or she has under this Act.
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Ongoing reporting obligations Division 2
s. 28
(4) A person does not commit an offence against section 63 because
of a failure to comply with the reporting obligation imposed by
subsection (2) if he or she --
(a) is not a reportable offender for the purposes of this Act;
5 (b) has not been notified of that reporting obligation;
(c) does not remain in Western Australia for 14 or more
consecutive days, not counting any days spent in
government custody; or
(d) reports in accordance with section 24.
10 Division 2 -- Ongoing reporting obligations
28. Reportable offender to report annually and as required by
Commissioner
(1) A reportable offender must report his or her personal details to
the Commissioner each year.
15 (2) The reportable offender must make the report in each year
during the calendar month in which he or she first reported in
accordance with this Act or a corresponding Act.
(3) The Commissioner may, at any time, cause written notice to be
given to a reportable offender requiring the reportable offender
20 to report his or her personal details to the Commissioner at the
time or times stated in the notice.
(4) A reportable offender must report his or her personal details to
the Commissioner in accordance with a notice under
subsection (3).
25 (5) If the reportable offender has been in government custody for
any period since he or she last reported his or her personal
details under this section, the details he or she must report
include details of when and where that custody occurred.
(6) If a reportable offender's reporting period expires but he or she
30 is then required to report again under section 25, the reference
in subsection (2) to the month during which he or she first
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 2 Ongoing reporting obligations
s. 29
reported is to be read as a reference to the month during which
he or she first reported in respect of the current reporting period.
29. Reportable offender to report changes to relevant personal
details
5 (1) A reportable offender must report to the Commissioner any
change in his or her personal details within 7 days after that
change occurs.
(2) For the purposes of subsection (1), a change occurs --
(a) in the place where the reportable offender or a child
10 generally resides;
(b) as to when the reportable offender has unsupervised
contact with a child;
(c) in the place where the reportable offender is generally
employed; or
15 (d) in the motor vehicle that the reportable offender
generally drives,
only on the expiry of the relevant 14 day period referred to in
section 26(2).
(3) If the personal details of a reportable offender (other than one to
20 whom Division 10 applies) change while he or she is not in
Western Australia, he or she must report the change to the
Commissioner within 7 days after entering Western Australia.
(4) A person does not commit an offence against section 63 because
of a failure to comply with the reporting obligation imposed by
25 subsection (3) if he or she does not remain in Western Australia
for 14 or more consecutive days, not counting any days spent in
government custody.
(5) A reportable offender who is in government custody for 14 or
more consecutive days must report his or her personal details to
30 the Commissioner --
(a) within 7 days after ceasing to be in government custody;
or
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Reporting obligations Part 3
Ongoing reporting obligations Division 2
s. 30
(b) before leaving Western Australia, if he or she leaves
within that 7 day period.
30. Intended absence from Western Australia to be reported
(1) This section applies to a reportable offender who --
5 (a) intends to leave Western Australia for 7 or more
consecutive days to travel elsewhere in Australia; or
(b) intends to leave Western Australia to travel out of
Australia.
(2) At least 7 days before leaving Western Australia, the reportable
10 offender must report the intended travel to the Commissioner
and must provide details of --
(a) each State, Territory or country to which he or she
intends to go while out of Western Australia;
(b) the approximate dates of the periods during which he or
15 she intends to be in each of those States, Territories or
countries;
(c) each address or location within each State, Territory or
country at which he or she intends to reside (to the
extent that they are known) and the approximate dates of
20 the periods during which he or she intends to reside at
those addresses or locations;
(d) if he or she intends to return to Western Australia, the
approximate date on which he or she intends to return;
and
25 (e) if he or she does not intend to return to Western
Australia, a statement of that intention.
(3) If circumstances arise making it impracticable for a reportable
offender to make the report at least 7 days before he or she
leaves, it is sufficient compliance with subsection (2) if the
30 reportable offender reports the required information to the
Commissioner no later than 24 hours after leaving Western
Australia.
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Community Protection (Offender Reporting) Bill 2004
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Division 2 Ongoing reporting obligations
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(4) A reportable offender who reports under subsection (3) after
leaving Western Australia must make the report --
(a) by facsimile or email sent to the Commissioner or to any
other address permitted by the regulations; or
5 (b) in any other manner permitted by the regulations.
31. Change of travel plans while out of Western Australia to be
reported
(1) This section applies to a reportable offender who is out of
Western Australia and decides --
10 (a) to extend a stay elsewhere in Australia beyond 6 days;
or
(b) to change any details given to the Commissioner under
section 30.
(2) As soon as is practicable after making the decision, the
15 reportable offender must --
(a) if subsection (1)(a) applies -- report the details required
by section 30(2) to the Commissioner (including those
details as they relate to the travel that has already been
completed);
20 (b) if subsection (1)(b) applies -- report the changed details
to the Commissioner.
(3) The reportable offender must make the report --
(a) by facsimile or email sent to the Commissioner or to any
other address permitted by the regulations; or
25 (b) in any other manner permitted by the regulations.
32. Reportable offender to report return to Western Australia
or decision not to leave
(1) This section applies to a reportable offender who was required
to report under section 30 that he or she intended to leave
30 Western Australia.
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Provisions applying to all reporting obligations Division 3
s. 33
(2) If the reportable offender left Western Australia, he or she must
report his or her return to Western Australia to the
Commissioner within 7 days after entering Western Australia.
(3) A person does not commit an offence against section 63 because
5 of a failure to comply with the reporting obligation imposed by
subsection (2) if he or she does not remain in Western Australia
for 14 or more consecutive days, not counting any days spent in
government custody.
(4) If the reportable offender decides not to leave Western
10 Australia, he or she must report his or her change of intention to
the Commissioner within 7 days after deciding not to leave.
33. Report of other absences from Western Australia
(1) This section applies to a reportable offender who, at the time of
making a report under this Division, leaves or intends to leave
15 Western Australia to travel elsewhere in Australia on an average
of at least once a month (irrespective of the length of any such
absence).
(2) The reportable offender must report to the Commissioner --
(a) in general terms, the reason for travelling; and
20 (b) in general terms, the frequency and destinations of the
travel.
Division 3 -- Provisions applying to all reporting obligations
34. Where reports must be made
(1) A report under this Part must be made --
25 (a) at any police station in the locality in which the
reportable offender is currently residing;
(b) at another place approved (either generally or in a
particular case) by the Commissioner; or
(c) if a direction is given in accordance with the regulations
30 as to the police station or approved place at which the
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Part 3 Reporting obligations
Division 3 Provisions applying to all reporting obligations
s. 35
report must be made, at the police station or approved
place so directed.
(2) This section does not apply if, under section 35(2), a report is
permitted to be made in a way that is inconsistent with this
5 section.
35. How reports must be made
(1) A reportable offender must make the following reports under
this Part in person --
(a) a report required by Division 1;
10 (b) a report required by section 28;
(c) a report of a change of address of the premises at which
he or she generally resides or, if he or she does not
generally reside at any particular premises, of the
localities in which he or she can generally be found;
15 (d) a report of the acquisition of, removal of, or change to
any tattoo or distinguishing mark.
(2) A reportable offender may make any other report he or she is
required to make under this Part in person or in any other way
permitted by the regulations or by the Commissioner, either
20 generally or in a particular case.
(3) Only an authorised person may receive a report made under this
Part.
(4) If a reportable offender attending in person is a child, or has a
disability that makes it impossible or impracticable for him or
25 her to make a report, any parent, guardian, carer or other person
nominated by the reportable offender who is accompanying the
reportable offender may make the report on the reportable
offender's behalf.
(5) If a reportable offender who is permitted to make a report
30 otherwise than in person in accordance with subsection (2) has a
disability that makes it impossible or impracticable for him or
her to make the report, a parent, guardian, carer or other person
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Provisions applying to all reporting obligations Division 3
s. 36
nominated by the reportable offender may make the report on
the reportable offender's behalf.
36. Right to privacy and support when reporting
(1) A person making a report under this Part at a police station or
5 approved place --
(a) is entitled to make the report out of the hearing of
members of the public; and
(b) is entitled to be accompanied by a support person of his
or her own choosing.
10 (2) An authorised person receiving the report may arrange for an
interpreter to be present when a person is making a report under
this Part.
(3) An authorised person receiving the report may allow an
interpreter to be present when a person is making a report under
15 this Part only if the interpreter has signed an undertaking not to
disclose any information derived from the report unless required
or authorised by or under any written or other law to do so.
37. Receipt of information to be acknowledged
(1) As soon as is practicable after receiving a report under this Part,
20 the authorised person receiving the report must acknowledge the
making of the report.
(2) The acknowledgment must be in writing, must be given to the
person who made the report and must include --
(a) the name and signature of the authorised person who
25 received the report;
(b) the date and time when, and the place where, the report
was received; and
(c) a copy of the information that was reported in
accordance with this Part.
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Division 3 Provisions applying to all reporting obligations
s. 38
(3) If a report is made otherwise than in person, the authorised
person who received the report must as soon as is practicable --
(a) give the person making the report a unique reference
number; and
5 (b) record that number on the relevant reportable offender's
file and on the acknowledgment.
(4) The Commissioner may make an agreement with the reportable
offender as to the manner in which any reference number or
acknowledgment required to be given by this section may be
10 given.
(5) The Commissioner must ensure --
(a) that there is a method of recording an agreement made
under subsection (4);
(b) that a copy of the agreement is given to the reportable
15 offender; and
(c) that, except with the written consent of the reportable
offender, any reference number or acknowledgment
required to be given by this section is given in
accordance with the agreement while the agreement
20 remains in force.
(6) The Commissioner must ensure that a copy of every
acknowledgment is retained.
38. Additional matters to be provided
(1) If a report is required to be made in person, the person making
25 the report must also --
(a) present for inspection the form of identification or other
document, relating to the identity of the reportable
offender, specified by the regulations for the purposes of
this paragraph to verify or support details in the report;
30 (b) provide a photograph of the reportable offender's head
and face of a type suitable for use in an Australian
passport; and
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Provisions applying to all reporting obligations Division 3
s. 38
(c) if not the reportable offender -- present for inspection
the form of identification or other document, relating to
the identity of the person making the report, specified by
the regulations for the purposes of this paragraph.
5 (2) The authorised person receiving the report may waive the
requirements of subsection (a) if --
(a) the reportable offender permits his or her fingerprints to
be taken immediately before or after the report is made;
or
10 (b) the authorised person is otherwise satisfied as to the
reportable offender's identity.
(3) The authorised person receiving the report may waive the
requirement of subsection (1)(c) if he or she is otherwise
satisfied as to the person's identity.
15 (4) The authorised person receiving a report may copy any
document presented to the person for inspection under
subsection (1)(a).
(5) For the purposes of a report that is made otherwise than in
person, the regulations may specify --
20 (a) the circumstances in which --
(i) information concerning the identity of the
reportable offender and the identity of the person
making the report; and
(ii) a document verifying or supporting details in the
25 report,
are required; and
(b) the manner in which that information or document must
be provided,
but cannot require an original document to be provided.
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Division 3 Provisions applying to all reporting obligations
s. 39
39. Power to take fingerprints
(1) This section applies if an authorised person receiving a report
made in person under this Part is not reasonably satisfied as to
the identity of the reportable offender after the authorised
5 person has examined all the material relating to identity
provided or presented to him or her by, or on behalf of, the
reportable offender.
(2) The authorised person may take, or may cause to be taken by a
person authorised by him or her, the fingerprints of the
10 reportable offender.
40. Power to take photographs
(1) An authorised person receiving a report made in person under
this Part may require the reportable offender --
(a) to be photographed; and
15 (b) to expose any part of his or her body to enable that part
of the body to be photographed by the officer or a
person authorised by the officer.
(2) An authorised person cannot, under this section, require a
reportable offender to expose his or her genitals, the anal area of
20 his or her buttocks or, in the case of females, or males
undergoing a reassignment procedure within the meaning of the
Gender Reassignment Act 2000, their breasts.
41. Reasonable force may be used to obtain fingerprints and
photographs
25 (1) Before attempting to exercise a power under section 39 or 40,
the authorised person must inform the reportable offender in
language likely to be understood by him or her --
(a) of the purpose for which the power is to be exercised
and, in the case of section 39, why the authorised person
30 is not satisfied as to the identity of the reportable
offender;
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Provisions applying to all reporting obligations Division 3
s. 42
(b) that reasonable force may be used if the reportable
offender does not voluntarily give his or her fingerprints
or expose part of his or her body (as the case may be);
and
5 (c) that the fingerprints or photographs will be retained by
the Commissioner.
(2) If the reportable offender does not voluntarily cooperate and the
use of reasonable force is authorised by a police officer in
charge of a police station at the time of the request to use
10 reasonable force or by a police officer of or above the rank of
sergeant, a police officer or a person authorised by him or her
may use reasonable force --
(a) to take the fingerprints of the reportable offender; or
(b) to expose a part of the body of the reportable offender
15 that an authorised person is authorised under section 40
to require the reportable offender to expose to enable
that part of the body to be photographed.
(3) If reasonable force is to be used under section 39 or 40, a person
of the same sex as the reportable offender must, if practicable,
20 be the person who uses the reasonable force.
42. Retention of material for certain purposes
The Commissioner may retain for law enforcement, crime
prevention or community protection purposes any of the
following taken under this Division from, or in relation to, a
25 reportable offender --
(a) copies of any documents;
(b) any fingerprints;
(c) any photographs.
43. Reporting by remote offenders
30 (1) This section applies to a reportable offender who resides more
than the distance prescribed by the regulations from the nearest
police station or approved place.
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Division 3 Provisions applying to all reporting obligations
s. 43
(2) Different distances may be prescribed for the purposes of
subsection (1) in respect of different areas of Western Australia.
(3) The reportable offender need not comply with a time limit
concerning the making of a report in person under this Part if --
5 (a) he or she, or a person entitled to make the report on his
or her behalf, contacts the Commissioner before the time
limit expires;
(b) the Commissioner agrees to allow the report to be made
at a specific time that is after the time limit expires and
10 at a specific place; and
(c) before the time limit expires he or she provides the
Commissioner by telephone or other means acceptable
to the Commissioner with the information required to be
reported under Division 1 or 2 (as the case may be).
15 (4) The Commissioner must ensure that there is a method of
recording --
(a) all information provided under subsection (3); and
(b) the agreements made under this section.
(5) Without limiting subsection (b), the recording method adopted
20 must result in the creation of a written record for each
agreement --
(a) that is identified by a unique reference number;
(b) that identifies when and where the agreement is made;
(c) that identifies the person who enters into the agreement;
25 and
(d) that contains the terms of the agreement.
(6) If an agreement is made under this section, the Commissioner
must ensure that the reportable offender is provided with the
reference number required by subsection (a).
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Suspension and extension of reporting obligations Division 4
s. 44
Division 4 -- Suspension and extension of reporting obligations
44. Suspension and extension of reporting obligations
(1) Any obligation imposed on a reportable offender by this Part is
suspended for any period during which he or she --
5 (a) is in government custody;
(b) is outside Western Australia, unless he or she is a person
to whom Division 10 applies or the obligation is under
section 30(4) or 31;
(c) is the subject of an order made under Division 6 (or an
10 equivalent order in a foreign jurisdiction); or
(d) is the subject of an approval granted by the
Commissioner under Division 7.
(2) The period for which a reportable offender's reporting
obligations continue is extended by any length of time for which
15 those obligations are suspended under subsection (a).
(3) If a child protection prohibition order is made under section 90
in respect of a reportable offender whose reporting obligations
would (apart from this subsection) expire during the period that
the reportable offender is subject to the order, the reportable
20 offender must continue to comply with those obligations until
the expiry of that period.
(4) If a child protection prohibition order is made under section 90
in respect of a reportable offender whose reporting obligations
have expired --
25 (a) the reportable offender is taken, for the purposes of this
Part, to have been sentenced for a reportable offence;
and
(b) the reportable offender must continue to comply with
the reporting obligations imposed by this Part until the
30 expiry of the period during which he or she is subject to
the order.
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Division 5 Reporting period
s. 45
Division 5 -- Reporting period
45. When reporting obligations begin
For the purposes of this Division, a reportable offender's
reporting obligations in respect of a reportable offence begin
5 when the reportable offender --
(a) is sentenced for the offence; or
(b) ceases to be in government custody in respect of the
offence,
whichever is the later.
10 46. Length of reporting period
(1) A reportable offender must continue to comply with the
reporting obligations imposed by this Part for 8 years, if he or
she has only ever been found guilty of a single Class 2 offence.
(2) A reportable offender must continue to comply with the
15 reporting obligations imposed by this Part for 15 years, if he or
she --
(a) has only ever been found guilty of a single Class 1
offence;
(b) has only ever been found guilty of 2 Class 3 offences; or
20 (c) has ever been found guilty of more than one reportable
offence but is not covered by subsection (3).
(3) A reportable offender must continue to comply with the
reporting obligations imposed by this Part for the remainder of
his or her life, if he or she is a reportable offender in respect
25 of --
(a) a Class 1 offence, and he or she then commits and is
found guilty of a Class 1 offence, a Class 2 offence or a
Class 3 offence;
(b) a Class 2 offence or a Class 3 offence, and he or she
30 then commits and is found guilty of a Class 1 offence;
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Reporting period Division 5
s. 47
(c) a Class 2 offence, and he or she then commits and is
found guilty of a Class 2 offence or a Class 3 offence
and has ever been found guilty of --
(i) 3 or more Class 2 offences; or
5 (ii) 2 or more Class 3 offences;
(d) a Class 3 offence, and he or she then commits and is
found guilty of a Class 2 offence and has ever been
found guilty of 3 or more Class 2 offences; or
(e) a Class 3 offence, and he or she then commits and is
10 found guilty of a Class 3 offence.
(4) A reference in this section to an offence includes an offence
committed before the commencement of this section.
(5) For the purposes of this section, a person is a reportable
offender in respect of a Class 3 offence if the person is
15 sentenced for a Class 3 offence and has previously been found
guilty of another Class 3 offence.
(6) For the purposes of this section --
(a) 2 or more offences arising from the same incident are to
be treated as a single offence;
20 (b) 2 or more offences arising from the same incident are to
be treated as a single Class 1 offence if at least one of
those offences is a Class 1 offence; and
(c) 2 or more offences arising from the same incident are to
be treated as a single Class 3 offence if at least one of
25 those offences is a Class 3 offence.
47. Reduced period applies for young reportable offenders
(1) The reporting periods specified in section 46 do not apply to a
person who was a child at the time he or she committed each
relevant offence.
30 (2) Instead, a reporting period that is half the reporting period that
would otherwise apply to the person under section 46 (or
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 5 Reporting period
s. 48
7½ years in the case of a reporting period for life) applies to him
or her.
48. Extended reporting period if reportable offender still on
parole
5 (1) This section applies if --
(a) a reportable offender is on parole, or is an existing
licensee, in respect of a reportable offence; and
(b) the reporting period in respect of the offence will end
before the expiry of the term of imprisonment or
10 detention to which the parole relates or in relation to
which the reportable offender is an existing licensee.
(2) Despite anything to the contrary in this Division, the reporting
period is extended until the expiry of the term of imprisonment
or detention to which the parole relates or in relation to which
15 the reportable offender is an existing licensee.
49. Reporting period for corresponding reportable offenders
(1) Despite anything in this Part, a corresponding reportable
offender must continue to comply with the reporting obligations
imposed by this Part for the longer period (the "recognised
20 foreign reporting period") referred to in section 7(b)(i).
(2) For the purposes of this section, if a corresponding reportable
offender is a corresponding reportable offender under the laws
of more than one jurisdiction, the recognised foreign reporting
period is the longest period for which he or she would be
25 required to report to the corresponding registrar of a foreign
jurisdiction.
50. Reporting period for New South Wales reportable offenders
(1) Subject to subsection (2), a New South Wales reportable
offender must continue to comply with the reporting obligations
30 imposed by this Part for the period he or she is required to
report in accordance with the New South Wales Act.
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Exemption from reporting obligations Division 6
s. 51
(2) A New South Wales reportable offender who, on or after the
date specified by the regulations for the purposes of section 8, is
sentenced for a reportable offence or becomes a corresponding
reportable offender must continue to comply with the reporting
5 obligations imposed by this Part for --
(a) the period referred to in subsection (1); or
(b) the period that he or she is required to report in
accordance with this Division (apart from this section),
whichever is longer.
10 Division 6 -- Exemption from reporting obligations
51. Application of Division
(1) Subject to subsection (2), this Division applies to a reportable
offender who is required to continue to comply with the
reporting obligations imposed by this Part for the remainder of
15 his or her life.
(2) This Division does not apply to a reportable offender who is
required to comply with those obligations for the remainder of
his or her life as a result of being found guilty of --
(a) an offence under The Criminal Code section 279(1);
20 (b) an offence under a law of a foreign jurisdiction the
elements of which, if they had occurred in Western
Australia, would have constituted an offence of the kind
referred to in paragraph (a); or
(c) an offence that, at the time it was committed, was an
25 offence of the kind referred to in this subsection.
52. District Court may exempt certain reportable offenders
If --
(a) a period of 15 years has passed (ignoring any period
during which the reportable offender was in government
30 custody) since he or she was last sentenced or released
from government custody in respect of a reportable
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Part 3 Reporting obligations
Division 6 Exemption from reporting obligations
s. 53
offence or a corresponding reportable offence,
whichever is later;
(b) he or she did not become the subject of a life-long
reporting period under a corresponding Act while in a
5 foreign jurisdiction before becoming the subject of such
a period in Western Australia; and
(c) he or she is not on parole in respect of a reportable
offence,
the reportable offender may apply to the District Court for an
10 order suspending his or her reporting obligations.
53. Order for suspension
(1) On an application under section 52, the District Court may make
an order suspending the reportable offender's reporting
obligations.
15 (2) The Court may make the order only if it is satisfied that the
reportable offender does not pose a risk to the lives or the sexual
safety of one or more persons, or persons generally.
(3) In deciding whether to make the order, the Court must take into
account the following --
20 (a) the seriousness of the reportable offender's reportable
offences and corresponding reportable offences;
(b) the period of time since those offences were committed;
(c) the age of the reportable offender and the age of the
victims of those offences at the time the offences were
25 committed;
(d) the difference in age between the reportable offender
and the victims of those offences;
(e) the reportable offender's present age;
(f) the seriousness of the reportable offender's total
30 criminal record;
(g) any other matter the Court considers relevant.
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Community Protection (Offender Reporting) Bill 2004
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Exemption from reporting obligations Division 6
s. 54
54. Commissioner and certain chief executive officers entitled to
be parties to proceedings
(1) In this section --
"relevant authority" means --
5 (a) the Commissioner;
(b) the chief executive officer of the department of the
Public Service principally assisting the Minister in
the administration of the Children and Community
Services Act 2004; or
10 (c) the chief executive officer of the department of the
Public Service principally assisting the Minister in
the administration of the Sentence Administration
Act 2003.
(2) Each relevant authority is entitled to be a party to any
15 proceedings for an order under this Division and may make
submissions in opposition to, or in support of, the making of the
order.
(3) As soon as is practicable after receiving an application under
this Division, the Registrar of the District Court must notify the
20 relevant authorities of the application.
(4) For the purposes of preparing submissions, a relevant authority
may, by notice in writing, direct any public authority to provide
to the relevant authority, on or before a day specified in the
notice, any information held by the public authority that is
25 relevant to an assessment of whether the applicant poses a risk
to the lives or the sexual safety of one or more persons, or
persons generally.
(5) A public authority to which a direction under subsection (4) is
given is authorised and required to provide to the relevant
30 authority the information sought by the direction.
(6) A public authority is not required to give information that is
subject to legal professional privilege.
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 6 Exemption from reporting obligations
s. 55
55. Commissioner to be notified of order
Unless the Commissioner was a party to the proceedings for the
order, the Registrar of the District Court must notify the
Commissioner of the terms of an order made under this
5 Division.
56. No costs to be awarded
The District Court must not award costs in respect of
proceedings under this Division.
57. Applications not to be heard in public on application of
10 party to proceedings
If, on the application of a party to the proceedings for an order
under this Division, the District Court is satisfied that there is
good reason for those proceedings to be heard in the absence of
the public, the proceedings must be heard accordingly.
15 58. Restriction on right of unsuccessful applicant to re-apply for
order
A reportable offender in respect of whom the District Court
refuses to make an order under this Division cannot make a
further application to the Court until 5 years have elapsed from
20 the date of the refusal, unless the Court otherwise orders at the
time of the refusal.
59. Cessation of order
(1) An order made under this Division ceases to have effect if, at
any time after the making of the order, the reportable
25 offender --
(a) is made subject to an offender reporting order, a past
offender reporting order or a prohibition order;
(b) is found guilty of a reportable offence; or
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Community Protection (Offender Reporting) Bill 2004
Reporting obligations Part 3
Exemption from reporting obligations Division 6
s. 60
(c) becomes a corresponding reportable offender who must
under section 49 continue to comply with the reporting
obligations imposed by this Part for any period.
(2) An order that ceased to have effect in accordance with
5 subsection (1) is revived if --
(a) the finding of guilt that caused the order to cease to have
effect is quashed or set aside by a court; or
(b) the order ceased to have effect in accordance with
subsection (1)(a) and --
10 (i) the offender reporting order, past offender
reporting order or prohibition order is quashed
on appeal; or
(ii) in the case of an offender reporting order or past
offender reporting order -- the reportable
15 offender's finding of guilt in respect of the
offence that resulted in the making of that order
is quashed or set aside by a court.
(3) For the purposes of this section, it is irrelevant whether or not a
person may lodge, or has lodged, an appeal in respect of a
20 finding of guilt or an offender reporting order, past offender
reporting order or prohibition order.
60. Application for new order
(1) If an order ceases to have effect in accordance with
section 59(1), the reportable offender may apply under this
25 Division for a new order.
(2) Section 58 does not apply with respect to an application referred
to in subsection (1).
(3) If an order ceases to have effect in accordance with
section 59(1)(b) or (c), on an application under this Division for
30 a new order, section 52(a) applies as if the period referred to
were a period of 15 years (ignoring any period during which the
reportable offender was in government custody) since he or she
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 7 Suspension of reporting obligations of certain reportable
offenders
s. 61
last committed a reportable offence or a corresponding
reportable offence.
Division 7 -- Suspension of reporting obligations of certain
reportable offenders
5 61. Commissioner may approve suspension of reporting
obligations
(1) If --
(a) a person is a reportable offender only in respect of an
offence prescribed by the regulations that was
10 committed by the person when a child; and
(b) the offence results in the person being subject to a
sentence prescribed by the regulations,
the Commissioner must consider whether or not to approve the
suspension of the reportable offender's reporting obligations.
15 (2) The Commissioner may approve the suspension of the
reportable offender's reporting obligations only if the
Commissioner is satisfied that the reportable offender does not
pose a risk to the lives or the sexual safety of one or more
persons, or persons generally.
20 (3) In deciding whether to grant approval, the Commissioner must
take into account the following --
(a) the seriousness of the reportable offender's reportable
offences and corresponding reportable offences;
(b) the period of time since those offences were committed;
25 (c) the age of the reportable offender and the age of the
victims of those offences at the time those offences were
committed;
(d) the difference in age between the reportable offender
and the victims of those offences;
30 (e) the reportable offender's present age;
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Community Protection (Offender Reporting) Bill 2004
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Suspension of reporting obligations of certain reportable Division 7
offenders
s. 62
(f) the seriousness of the reportable offender's total
criminal record;
(g) any other matter the Commissioner considers relevant.
(4) If the Commissioner approves the suspension of the reportable
5 offender's reporting obligations, the Commissioner must give
the reportable offender written notice of the suspension.
(5) For the purposes of section 44(1)(d), the approval of the
suspension of the reportable offender's reporting obligations has
effect from the date of the notice given to him or her under
10 subsection (4) or from any later date specified in the notice.
62. Cessation of approval
(1) The approval of the suspension of a reportable offender's
reporting obligations under this Division ceases to have effect
if, at any time after the suspension, the reportable offender --
15 (a) is made subject to an offender reporting order, a past
offender reporting order or a prohibition order;
(b) is found guilty of a reportable offence; or
(c) becomes a corresponding reportable offender who must
under section 49 continue to comply with the reporting
20 obligations imposed by this Part for any period.
(2) The approval of the suspension of a reportable offender's
reporting obligations that ceased to have effect in accordance
with subsection (1) is revived if --
(a) the finding of guilt that caused the approval to cease to
25 have effect is quashed or set aside by a court; or
(b) the approval ceased to have effect in accordance with
subsection (1)(a) and --
(i) the offender reporting order, past offender
reporting order or prohibition order is quashed
30 on appeal; or
(ii) in the case of an offender reporting order or past
offender reporting order -- the finding of guilt in
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 8 Offences
s. 63
respect of the offence that resulted in the making
of that order is quashed or set aside by a court.
(3) For the purposes of this section, it is irrelevant whether or not a
person may lodge, or has lodged, an appeal in respect of a
5 finding of guilt or an offender reporting order, past offender
reporting order or prohibition order.
Division 8 -- Offences
63. Failure to comply with reporting obligations
(1) A reportable offender who, without reasonable excuse, fails to
10 comply with any of his or her reporting obligations commits an
offence.
Penalty: a fine of $12 000 and imprisonment for 2 years.
(2) In determining whether a person had a reasonable excuse for
failing to comply with his or her reporting obligations, a court
15 must have regard to the following matters --
(a) the person's age;
(b) whether the person has a disability that affects the
person's ability to understand, or to comply with, those
obligations;
20 (c) whether the form of notification given to the reportable
offender as to his or her obligations was adequate to
inform him or her of those obligations, having regard to
the offender's circumstances;
(d) any matter specified by the regulations for the purposes
25 of this section;
(e) any other matter the court considers appropriate.
(3) It is a defence to proceedings for an offence of failing to comply
with a reporting obligation if it is established that, at the time
the offence is alleged to have occurred, the person had not
30 received notice, and was otherwise unaware, of the obligation.
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Community Protection (Offender Reporting) Bill 2004
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Notification of reporting obligations Division 9
s. 64
64. Providing false or misleading information
A person who, in purported compliance with this Part, provides
information that the person knows to be false or misleading in a
material particular commits an offence.
5 Penalty: a fine of $12 000 and imprisonment for 2 years.
65. No time limit for prosecutions
Proceedings for an offence against this Act may be commenced
at any time.
66. Bar to prosecution for failing to report leaving Western
10 Australia
(1) This section applies if a reportable offender leaves Western
Australia and is found guilty of failing to report his or her
presence in a foreign jurisdiction as required by a corresponding
Act.
15 (2) The reportable offender is not to be prosecuted for a failure to
comply with section 30 in respect of the travel out of Western
Australia.
Division 9 -- Notification of reporting obligations
67. Notice to be given to reportable offender
20 (1) A reportable offender must be given written notice of --
(a) his or her reporting obligations; and
(b) the consequences that may arise if he or she fails to
comply with those obligations.
(2) A reportable offender must be given a notice under this section
25 as soon as is practicable after he or she --
(a) is sentenced for a reportable offence;
(b) is released from government custody (whether in
government custody for a reportable offence or
otherwise);
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Community Protection (Offender Reporting) Bill 2004
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Division 9 Notification of reporting obligations
s. 68
(c) enters Western Australia, if he or she has not previously
been given notice of his or her reporting obligations in
Western Australia; or
(d) becomes a corresponding reportable offender, if he or
5 she is in Western Australia at that time.
(3) Subsection (b) is taken to have been complied with if the
reportable offender is given the notice within 7 days before his
or her release from government custody.
(4) A notice under this section must be given by the person, or a
10 person who falls within a class of persons, specified in, or
determined in accordance with, the regulations.
(5) A person is not required to give a notice under this section if the
notice has been given by another person.
(6) Despite anything in this Division, the regulations may provide
15 that a notice given under this section is not required to specify
the reportable offender's reporting period if the regulations
require a notice containing that information to be given at the
time the reportable offender first reports his or her personal
details to the Commissioner.
20 68. Courts to provide sentencing information to Commissioner
(1) In this section --
"court" does not include a court of a foreign jurisdiction.
(2) This section applies if a court --
(a) makes an order in relation to a person or sentences a
25 person with the effect of making the person a reportable
offender for the purposes of this Act;
(b) sentences a person for a reportable offence; or
(c) makes an order in relation to a reportable offender with
the effect of removing the person from the ambit of this
30 Act.
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Community Protection (Offender Reporting) Bill 2004
Reporting obligations Part 3
Notification of reporting obligations Division 9
s. 69
(3) The court must ensure that details of the order or sentence are
provided to the Commissioner as soon as is practicable after the
order is made or the person is sentenced.
69. Notice to be given when reporting period changes
5 (1) This section applies to a reportable offender whose reporting
period has changed since he or she was last notified of his or her
reporting period in Western Australia.
(2) The Commissioner must give written notice to the reportable
offender of the changed reporting period as soon as is
10 practicable after the change occurs and, in any event, no later
than the time the offender next reports in accordance with
this Act.
70. Supervising authority to notify Commissioner of certain
events
15 (1) This section applies if a reportable offender --
(a) ceases to be in strict government custody;
(b) ceases to be in government custody;
(c) ceases to be subject to a custody order made under the
Criminal Law (Mentally Impaired Defendants) Act 1996
20 Part 4;
(d) ceases to be subject to a community order;
(e) ceases to be subject to a condition of parole requiring
the person to be subject to supervision; or
(f) ceases to be an existing licensee,
25 regardless of the reason why the reportable offender was in
custody, was subject to the order, was on parole or was an
existing licensee.
(2) As soon as is practicable before or after the relevant event listed
in subsection (1) occurs, the supervising authority must give
30 written notice of the event to the Commissioner.
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Division 9 Notification of reporting obligations
s. 71
(3) The notice must include any details prescribed by the
regulations.
(4) For the purposes of subsection (2), the Commissioner may
inform a supervising authority whether or not a person is a
5 reportable offender.
71. Notices may be given by Commissioner
The Commissioner may, at any time, cause written notice to be
given to a reportable offender of --
(a) his or her reporting obligations; and
10 (b) the consequences that may arise if he or she fails to
comply with those obligations.
72. Power of detention to enable notice to be given
(1) This section applies if there are reasonable grounds to suspect
that a person is a reportable offender and that he or she has not
15 been given notice, or is otherwise unaware, of his or her
reporting obligations.
(2) A police officer may detain the person if it is reasonably
necessary to do so --
(a) to enable a determination to be made as to whether or
20 not the person is a reportable offender, or if the person is
a reportable offender, as to whether or not he or she has
been given notice, or is aware, of his or her reporting
obligations; and
(b) to enable the person to be given notice of those
25 obligations if he or she is not aware of them.
(3) In detaining the person, the police officer must tell the
person --
(a) why he or she is being detained;
(b) that the detention is authorised under this Act; and
30 (c) that the person will be released immediately after the
purpose of the detention is fulfilled.
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Modified reporting procedures for participants in witness Division 10
protection programs
s. 73
(4) The detained person --
(a) must not be held for a period that is longer than is
reasonably necessary to enable the purpose of the
detention to be fulfilled;
5 (b) must not be held merely because he or she has refused to
sign an acknowledgment that he or she has been given
notice of his or her reporting obligations; and
(c) must be released immediately after the purpose of the
detention is fulfilled.
10 73. Failure to comply with procedural requirements does not
affect reportable offender's obligations
A failure by any person other than a reportable offender to
comply with any procedural requirement imposed on the person
by this Part or the regulations does not, of itself, affect a
15 reportable offender's reporting obligations.
Division 10 -- Modified reporting procedures for participants
in witness protection programs
74. Term used in this Division
In this Division --
20 "witness protection program" has the meaning given to the
term "State Witness Protection Program" in the Witness
Protection (Western Australia) Act 1996 section 3.
75. Who this Division applies to
(1) This Division applies to the following --
25 (a) a reportable offender who is a participant in a witness
protection program;
(b) a reportable offender who is the subject of an order in
force under this Division declaring that he or she is a
person to whom this Division applies.
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Division 10 Modified reporting procedures for participants in witness
protection programs
s. 76
(2) This Division (except sections 77 and 78) also applies to a
reportable offender who is receiving protection under a foreign
witness protection law specified by the regulations for the
purposes of this subsection, or who has the same status as such a
5 person under an order made under a corresponding Act
specified by the regulations for the purposes of this subsection.
76. Report need not be made in person
It is sufficient compliance with the requirements of this Part --
(a) if a person to whom this Division applies reports the
10 information he or she is required to report under
this Part --
(i) to the extent that that information is required by
the Commissioner to be reported by the person;
and
15 (ii) at the times, and in a manner, authorised by the
Commissioner for the purposes of this section;
and
(b) if the acknowledgment of the making of a report is given
in a manner approved by the Commissioner.
20 77. Determination as to whether this Division applies
(1) The Commissioner must make a determination that a reportable
offender who is a participant in a witness protection program
either is or is not a person to whom this Division applies --
(a) when the reportable offender ceases to be a participant
25 in the program as a consequence of a request under the
Witness Protection (Western Australia) Act 1996
section 25(1); or
(b) when the Commissioner makes a decision under the
Witness Protection (Western Australia) Act 1996
30 section 25(2) that the protection and assistance given to
the reportable offender under the program be terminated.
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protection programs
s. 78
(2) On making the determination, the Commissioner must take
reasonable steps to notify the reportable offender of the terms of
the determination.
(3) A reportable offender may, within 28 days after receiving such a
5 notification, apply in writing to the Commissioner for a review
of the determination.
(4) On receiving an application for a review, the Commissioner --
(a) must review the determination and confirm or reverse it;
(b) before making a decision on the matter, must give the
10 applicant a reasonable opportunity to state his or her
case; and
(c) after making a decision on the matter, must give written
notice of the decision to the applicant.
(5) Subject to subsection (3), the determination cannot be the
15 subject of appeal or judicial review or otherwise be called in
question in any proceedings.
78. When determination takes effect
(1) A determination that a reportable offender is a person to whom
this Division applies takes effect immediately.
20 (2) A determination that a reportable offender is not a person to
whom this Division applies takes effect --
(a) at the end of 28 days after notification of the terms of
the determination is given to the reportable offender; or
(b) if an application referred to in section 77(3) is made
25 before the end of that period -- at the end of 3 days after
notice is given to the applicant as referred to in
section 77(4)(c),
whichever is the later.
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Community Protection (Offender Reporting) Bill 2004
Part 3 Reporting obligations
Division 10 Modified reporting procedures for participants in witness
protection programs
s. 79
79. Modification of reporting obligations
Sections 26(1), 30 to 33 and 66 apply with respect to a person to
whom this Division applies as if any reference in them to
Western Australia were a reference to the jurisdiction in which
5 the person generally resides.
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Community Protection (Offender Reporting) Bill 2004
Community Protection Offender Register Part 4
s. 80
Part 4 -- Community Protection Offender Register
80. Requirement to establish and maintain Community
Protection Offender Register
(1) The Commissioner must establish and maintain a Community
5 Protection Offender Register or arrange with another person for
the establishment and maintenance of a Community Protection
Offender Register on his or her behalf.
(2) The Register must contain the following information in respect
of each reportable offender (to the extent that it is known by the
10 Commissioner) --
(a) the reportable offender's name, address and date of
birth;
(b) details of each Class 1 offence, Class 2 offence or
Class 3 offence of which the reportable offender has
15 been found guilty or with which he or she has been
charged;
(c) details of each offence of which the reportable offender
has been found guilty that resulted in the making of an
offender reporting order or a past offender reporting
20 order;
(d) details of any prohibition order made in respect of the
reportable offender;
(e) the date on which the reportable offender was sentenced
for any reportable offence;
25 (f) the date on which the reportable offender ceased to be in
government custody in respect of a reportable offence,
or entered or ceased to be in government custody in
respect of any offence during his or her reporting period;
(g) any information reported in respect of the reportable
30 offender under Part 3;
(h) any other information that the Commissioner considers
appropriate to include in the Register.
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Community Protection (Offender Reporting) Bill 2004
Part 4 Community Protection Offender Register
s. 81
81. Access to the Register to be restricted
(1) The Commissioner must ensure --
(a) that the Register, or any part of the Register, is only
accessed by a person who is authorised to do so by the
5 Commissioner; and
(b) that personal information in the Register is only
disclosed by a police officer with access to the Register,
or the relevant part of the Register, in circumstances
authorised by the Commissioner or as otherwise
10 required or authorised by or under any written or other
law.
(2) Personal information in the Register that is to be disclosed
under subsection (b) otherwise than to a police officer or a law
enforcement agency may only be disclosed by a police officer
15 of or above the rank of inspector.
(3) In subsection (2) --
"law enforcement agency" means --
(a) the Commissioner of the Australian Federal Police;
or
20 (b) the Commissioner (however designated) of the police
force of another State or a Territory or another
country.
(4) The Commissioner must develop guidelines in relation to the
accessing and disclosure of personal information in the Register
25 that attempt to ensure that access to the personal information in
the Register is restricted to the greatest extent that is possible
without interfering with the purposes of this Act.
(5) For the purposes of this section, the Register includes any
information from any register maintained under a corresponding
30 Act that is accessible by the Commissioner, whether or not that
information is contained in the Register.
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Community Protection (Offender Reporting) Bill 2004
Community Protection Offender Register Part 4
s. 82
(6) This section has effect despite any written or other law to the
contrary.
82. Confidentiality
(1) A person must not, directly or indirectly, record, disclose, or
5 make use of any personal information in the Register except --
(a) in the course of the person's duty;
(b) as required or authorised by or under this Act or another
written law;
(c) for the purpose of proceedings for an offence under this
10 Act;
(d) with the written authority of the Minister or the person
to whom the information relates; or
(e) in other circumstances prescribed by the regulations.
Penalty:
15 (a) in the case where the person recording, disclosing or
making use of the information gained a benefit from
the recording, disclosure or use of the information,
and the value of the benefit was more than
$10 000 -- a fine of $60 000 and imprisonment for
20 10 years;
(b) in the case where the person recording, disclosing or
making use of the information gained or intended to
gain a benefit from the recording, disclosure or use of
the information, and paragraph (a) does not apply --
25 a fine of $30 000 and imprisonment for 5 years;
(c) in any other case -- a fine of $18 000 and
imprisonment for 3 years.
(2) An offence under subsection (1) is a crime.
(3) The prohibition in subsection (1) extends to the giving of
30 evidence or the production of a book, document or record in
civil proceedings in a court or tribunal.
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Community Protection (Offender Reporting) Bill 2004
Part 4 Community Protection Offender Register
s. 83
83. Restriction on who may access personal information on
protected witnesses
The Commissioner must ensure that any personal information in
the Register about a person to whom Part 3 Division 10 applies
5 cannot be accessed otherwise than by a person authorised by the
officer responsible for the day to day operation of the witness
protection program.
84. Reportable offender's rights in relation to Register
(1) In this section --
10 "reportable information" means any information supplied to
the Commissioner by, or on behalf of, a reportable offender
that the reportable offender is required under Part 3 to
report to the Commissioner and that is held in the Register.
(2) If asked to do so by a reportable offender, the Commissioner
15 must, as soon as is practicable, provide the reportable offender
with a copy of all the reportable information that is held in the
Register in relation to the reportable offender.
(3) A reportable offender may ask the Commissioner to amend any
reportable information held on the Register in relation to the
20 reportable offender that is incorrect.
(4) The Commissioner must comply with the request on being
satisfied that the information is incorrect.
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Community Protection (Offender Reporting) Bill 2004
Prohibition orders Part 5
Preliminary Division 1
s. 85
Part 5 -- Prohibition orders
Division 1 -- Preliminary
85. Terms used in this Part
In this Part --
5 "child protection prohibition order" means a child protection
prohibition order made under section 90 or 95(1);
"conduct" includes an act or omission or a course of conduct;
"corresponding prohibition order" means an order made by a
court of a foreign jurisdiction that falls within a class of
10 orders that are prescribed by the regulations to be
corresponding prohibition orders for the purposes of this
Act;
"court" means --
(a) if the respondent is a young reportable offender --
15 the Children's Court; or
(b) otherwise, the District Court;
"interim prohibition order" means an interim child protection
prohibition order made under section 92 or 95(2);
"prohibition order" means a child protection prohibition order
20 or an interim prohibition order;
"registrar" means the clerk or registrar of the court to which an
application for a prohibition order is made;
"respondent" means --
(a) in the case of an application by the Commissioner for
25 a prohibition order to be made, varied or revoked --
the reportable offender who is subject to the
prohibition order or in respect of whom the
prohibition order is sought;
(b) in the case of an application by a reportable offender
30 for a child protection prohibition order to be varied or
revoked -- the Commissioner.
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Community Protection (Offender Reporting) Bill 2004
Part 5 Prohibition orders
Division 2 Orders
s. 86
86. Evidence
Evidence may be given at a hearing under this Part (including a
further hearing fixed under section 92) orally or by affidavit.
Division 2 -- Orders
5 87. Commissioner may apply for orders
The Commissioner may apply to a court for a prohibition order
prohibiting a reportable offender from engaging in specified
conduct.
88. Fixing a hearing
10 When an application for a prohibition order is made the registrar
must --
(a) fix a day, time and place for the hearing;
(b) prepare a summons in the prescribed form;
(c) cause the summons to be served on the reportable
15 offender; and
(d) notify the applicant of the hearing.
89. How application to be disposed of
The court may dispose of the application --
(a) by making a prohibition order;
20 (b) by dismissing the application; or
(c) at the request of the applicant -- by discontinuing the
application.
90. Court may make child protection prohibition orders
(1) A court may make a child protection prohibition order
25 prohibiting a person from engaging in conduct specified in the
order only if the court is satisfied that the person is a reportable
offender and --
(a) that the person poses a risk to the lives or sexual safety
of one or more children, or children generally; and
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Orders Division 2
s. 90
(b) that making the order will reduce that risk.
(2) For the purposes of subsection (1), it is not necessary that the
court be able to identify a risk to a particular child or particular
children or a particular class of children.
5 (3) In determining whether to make an order under this section in
respect of a reportable offender, a court must take into account
the following --
(a) the seriousness of the reportable offender's reportable
offences and corresponding reportable offences;
10 (b) the period of time since those offences were committed;
(c) the age of the reportable offender and the age of the
victims of those offences at the time those offences were
committed;
(d) the difference in age between the reportable offender
15 and the victims of those offences;
(e) the reportable offender's present age;
(f) the seriousness of the reportable offender's total
criminal record;
(g) the effect of the order sought on the reportable offender
20 in comparison with the level of the risk that a further
reportable offence, or an offence that may give rise to an
offender reporting order, may be committed by the
reportable offender;
(h) to the extent that they relate to the conduct sought to be
25 prohibited -- the circumstances of the reportable
offender, including the reportable offender's
accommodation, employment needs and integration into
the community;
(i) in the case of a young reportable offender -- the
30 educational needs of the young reportable offender;
(j) any other matter the court considers relevant.
(4) If a reportable offender in respect of whom an order (the "new
order") is sought is already subject to a prohibition order (the
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Community Protection (Offender Reporting) Bill 2004
Part 5 Prohibition orders
Division 2 Orders
s. 91
"existing order") and no application has been made to revoke
the existing order, the court must if it decides to make the new
order --
(a) revoke the existing order and replace it with the new
5 order (which may contain matters relating to the existing
order); or
(b) vary the existing order to include the matters with
respect to which the court has decided to make the new
order.
10 (5) An order is not invalidated by a failure to comply with
subsection (4).
91. Term of child protection prohibition orders
(1) The court must specify the term for which a child protection
prohibition order remains in force.
15 (2) The term cannot be more than 5 years or, for an order made in
respect of a young reportable offender, more than 2 years, after
it is made, but an application can be made for a further order.
92. Interim child protection prohibition orders
(1) A court may make an interim child protection prohibition order
20 prohibiting a reportable offender from engaging in conduct
specified in the order if it appears to the court that it is necessary
to do so to prevent an immediate risk to the lives or the sexual
safety of one or more children, or children generally.
(2) For the purposes of subsection (1), it is not necessary that the
25 court be able to identify a risk to a particular child or particular
children or a particular class of children.
(3) Section 90 does not apply to an application for an interim
prohibition order.
(4) An interim prohibition order may be made by a court whether or
30 not --
(a) the reportable offender is present at the proceedings; or
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Prohibition orders Part 5
Orders Division 2
s. 93
(b) the reportable offender has been notified of the
proceedings.
(5) When an interim prohibition order is made by a court, the court
must --
5 (a) fix a day, time and place for a further hearing of the
application as soon as is practicable after the interim
prohibition order is made; and
(b) issue a summons requiring the reportable offender to
attend the court for the further hearing.
10 (6) The registrar must --
(a) prepare the summons in the prescribed form;
(b) cause the summons to be served on the reportable
offender; and
(c) notify the applicant of the further hearing.
15 (7) An interim prohibition order remains in force until the further
hearing unless, at the request of the applicant, the application is
sooner discontinued.
(8) At the further hearing, section 90 applies to the application.
93. Conduct that may be the subject of orders
20 (1) A prohibition order may prohibit conduct of any of the
following kinds --
(a) associating with or other contact with specified persons
or kinds of persons;
(b) being in specified locations or kinds of locations;
25 (c) engaging in specified behaviour;
(d) being in specified employment or employment of a
specified kind.
(2) Subsection (1) does not limit the kinds of conduct that may be
prohibited by a prohibition order.
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Community Protection (Offender Reporting) Bill 2004
Part 5 Prohibition orders
Division 2 Orders
s. 94
(3) A prohibition order may prohibit conduct absolutely or on the
terms that the court considers appropriate.
(4) A prohibition order may prohibit a person from entering or
remaining in a place even if the person has a legal or equitable
5 right to be at the place.
(5) If a court makes a prohibition order that imposes a prohibition
referred to in subsection (4) and the court is satisfied that it is
necessary to do so, the court must ensure that the order provides
for the person in respect of whom the order is made to recover
10 personal property, or other property prescribed by the
regulations, from a place specified in the order --
(a) in the manner set out in the order; or
(b) in accordance with procedures prescribed by the
regulations.
15 94. Explanation of orders
(1) A court that makes a prohibition order must ensure that all
reasonable steps are taken to explain to the reportable offender
in language likely to be understood by him or her --
(a) his or her obligations under the order; and
20 (b) the consequences that may arise if he or she fails to
comply with those obligations.
(2) An order is not invalidated by a failure to comply with
subsection (1).
95. Consent orders
25 (1) A court may make a child protection prohibition order without
being subject to section 90 if the applicant and the reportable
offender consent to the making of the order.
(2) A court may make an interim prohibition order without being
subject to section 92 if the applicant and the reportable offender
30 consent to the making of the order.
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Prohibition orders Part 5
Variation or revocation Division 3
s. 96
(3) The court is not required to conduct a hearing before making an
order under this section unless the court considers that it is in
the interests of justice to conduct the hearing.
(4) Without limiting subsection (3), in determining whether it is in
5 the interests of justice to conduct the hearing the court may have
regard to the following --
(a) whether the reportable offender has obtained legal
advice in relation to the order concerned;
(b) whether the reportable offender --
10 (i) has impaired intellectual functioning;
(ii) is a person in respect of whom a guardianship
order is in force under the Guardianship and
Administration Act 1990;
(iii) is illiterate or is not literate in the English
15 language; or
(iv) is subject to some other condition that may
prevent the reportable offender from
understanding the effect of giving consent to the
making of the order.
20 Division 3 -- Variation or revocation
96. Variation or revocation of child protection prohibition
orders
(1) The Commissioner may apply to a court for an order varying or
revoking a child protection prohibition order.
25 (2) A reportable offender subject to a child protection prohibition
order may apply to a court for an order varying or revoking the
order.
(3) A reportable offender cannot make an application under
subsection (2) except by leave of the court.
30 (4) The court may grant leave only if the court is satisfied that,
having regard to changes in the reportable offender's
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Community Protection (Offender Reporting) Bill 2004
Part 5 Prohibition orders
Division 3 Variation or revocation
s. 97
circumstances since the order was made or last varied, it is in
the interests of justice that leave be granted.
97. Fixing a hearing
(1) When an application for the variation or revocation of a child
5 protection prohibition order is made by a reportable offender,
the registrar must --
(a) fix a day, time and place for a hearing at which the court
will consider whether to grant leave for the reportable
offender to continue the application; and
10 (b) notify the applicant of the hearing.
(2) The hearing in relation to the granting of leave must be held in
the absence of the Commissioner.
(3) When an application for the variation or revocation of a child
protection prohibition order is made by the Commissioner, or a
15 reportable offender has been granted leave to continue such an
application, the registrar must --
(a) fix a day, time and place for the hearing;
(b) prepare a summons in the prescribed form;
(c) cause the summons to be served on the respondent; and
20 (d) notify the applicant of the hearing.
98. How application to be disposed of
The court may dispose of the application --
(a) by varying or revoking the child protection prohibition
order;
25 (b) by dismissing the application; or
(c) at the request of the applicant -- by discontinuing the
application.
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Community Protection (Offender Reporting) Bill 2004
Prohibition orders Part 5
Attendance at hearings Division 4
s. 99
Division 4 -- Attendance at hearings
99. Attendance at hearings
(1) If the applicant does not attend a hearing fixed under section 88
or 97 or a further hearing fixed under section 92, the court --
5 (a) if it is satisfied the applicant was notified of the
hearing -- must dismiss the application; or
(b) otherwise, must adjourn the hearing.
(2) If the respondent does not attend a hearing fixed under
section 88 or 97 or a further hearing fixed under section 92 and
10 the applicant does attend, the court --
(a) if it is satisfied that the respondent was served with a
summons requiring the respondent to attend the
hearing -- must hear the matter in the absence of the
respondent; or
15 (b) otherwise, must adjourn the hearing.
(3) The registrar of a court that adjourns a hearing must notify any
party permitted to attend the hearing who was not present when
the hearing was adjourned.
100. Notification of orders made in absence of respondent
20 The registrar of a court that makes, varies or revokes a
prohibition order in the absence of the respondent must cause a
copy of the order to be served on the respondent.
Division 5 -- Offence
101. Failure to comply with orders
25 (1) A person subject to a prohibition order who, without reasonable
excuse, fails to comply with the prohibition order commits an
offence.
Penalty: a fine of $12 000 and imprisonment for 2 years.
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Part 5 Prohibition orders
Division 6 Appeals
s. 102
(2) A police officer who suspects on reasonable grounds that a
person has committed an offence under subsection (1) may,
without a warrant, arrest the person.
Division 6 -- Appeals
5 102. Appeals
(1) A person aggrieved by the decision of a court --
(a) under section 89(b) or 98(b) to dismiss an application;
or
(b) to make, vary or revoke a prohibition order,
10 may appeal against that decision in accordance with this
Division.
(2) If the decision was made by the District Court, the appeal is to
be made to the Full Court in accordance with the District Court
of Western Australia Act 1969 section 79(1)(a).
15 (3) If the decision was made by the Children's Court when
constituted so as not to consist of or include a Judge, the appeal
is to be made as if the decision were a decision to which the
Children's Court of Western Australia Act 1988 section 41
applied.
20 (4) If the decision was made by the Children's Court when
constituted so as to consist of or include a Judge, the appeal is to
be made as if the decision were a decision to which the
Children's Court of Western Australia Act 1988 section 43
applied.
25 103. Appeal does not stay order
An appeal against an order made under this Part does not
operate to stay the operation of the order unless the court to
which the appeal is made so orders.
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Community Protection (Offender Reporting) Bill 2004
Prohibition orders Part 5
Miscellaneous Division 7
s. 104
Division 7 -- Miscellaneous
104. Applications not to be heard in public
(1) Proceedings under this Part must be heard in the absence of the
public.
5 (2) Despite subsection (1), the court hearing the proceedings may, if
it considers it to be appropriate, permit to be present during the
hearing of the proceedings persons who are not --
(a) parties to the proceedings; or
(b) the legal representatives of those parties.
10 105. Commissioner to be given information relating to reportable
offenders
(1) When determining whether to make an application under this
Part, or when making or responding to an application under this
Part, the Commissioner may, by notice in writing, direct any
15 public authority to provide to the Commissioner, on or before a
day specified in the notice, any information held by the public
authority that is relevant to an assessment of whether the
reportable offender poses a risk to the lives or the sexual safety
of one or more children, or children generally.
20 (2) A public authority to which a direction under subsection (1) is
given is authorised and required to provide to the Commissioner
the information sought by the direction.
(3) A public authority is not required to give information that is
subject to legal professional privilege.
25 106. Restriction on publication of identity of reportable offenders
and victims
(1) A person must not, in relation to any proceedings relating to a
prohibition order, publish --
(a) personal information relating to the person in respect of
30 whom the order is sought or any such order is made;
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Part 5 Prohibition orders
Division 7 Miscellaneous
s. 106
(b) the name of any victim of a reportable offence
committed by a reportable offender;
(c) the name of any particular person referred to as a person
at risk because of the conduct proposed to be prohibited;
5 (d) any matter reasonably likely to enable a person referred
to in paragraph (b) or (c) to be identified.
Penalty: a fine of $12 000 and imprisonment for 2 years.
(2) Subsection (1) does not apply in relation to the publication of
any matter with the authority of the court to which the
10 application was made or any publication by a person of his or
her name.
(3) Subsection (1) does not apply in relation to the publication of
any matter to --
(a) the reportable offender;
15 (b) a person specified, or of a class specified, in the order
concerned;
(c) a police officer or a member of a law enforcement
agency of the Commonwealth or another State or a
Territory in that police officer's or member's official
20 capacity;
(d) a person involved in the administration of the order;
(e) a member of staff of a public authority involved in the
assessment and management of the reportable offender;
(f) a person for the purpose of an investigation of an alleged
25 breach of the order or to a person involved in
proceedings for any such breach; or
(g) any other person to whom the matter is required or
authorised to be disclosed by or under any written or
other law.
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Community Protection (Offender Reporting) Bill 2004
Prohibition orders Part 5
Miscellaneous Division 7
s. 107
107. Prohibition orders have no effect to extent of inconsistency
with certain other orders
(1) In this section --
"family order" has the meaning given to that term in the
5 Restraining Orders Act 1997 section 5;
"misconduct restraining order", "police order" and
"violence restraining order" have the meanings given to
those terms in the Restraining Orders Act 1997 section 3;
"restraining order" means --
10 (a) a violence restraining order;
(b) a misconduct restraining order; or
(c) a police order.
(2) If a prohibition order is inconsistent with a family order or
restraining order (whether the prohibition order is made before
15 or after the family order or restraining order), the family order
or restraining order prevails and the prohibition order has no
effect to the extent of the inconsistency.
(3) For the purposes of subsection (2), a prohibition order is not
inconsistent with another order merely because the prohibition
20 order imposes a longer term in relation to any prohibited
conduct than was imposed by the other order.
108. Recognition of prohibition orders made in other
jurisdictions
(1) The regulations may provide for the recognition in Western
25 Australia of corresponding prohibition orders.
(2) In particular, the regulations may provide for the following
matters --
(a) applications for the recognition in Western Australia of
corresponding prohibition orders;
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Part 5 Prohibition orders
Division 7 Miscellaneous
s. 108
(b) the conferral on courts of jurisdiction with respect to the
recognition in Western Australia of corresponding
prohibition orders;
(c) the modification of corresponding prohibition orders for
5 the purposes of their recognition in Western Australia;
(d) the effect of the recognition in Western Australia of
corresponding prohibition orders;
(e) the conferral on courts of jurisdiction with respect to the
variation or revocation of corresponding prohibition
10 orders.
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Community Protection (Offender Reporting) Bill 2004
Other matters Part 6
s. 109
Part 6 -- Other matters
109. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
5 purported performance of a function under this Act.
(2) The State is also relieved of any liability that it might otherwise
have had for another person having done anything as described
in subsection (1).
(3) The protection given by this section applies even though the
10 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to the omission to do anything.
110. Delegation by Commissioner
15 (1) The Commissioner may delegate any power or duty of the
Commissioner under another provision of this Act to --
(a) a police officer who is specified, or of a class specified,
in the delegation; or
(b) a person employed under the Public Sector Management
20 Act 1994 Part 3 who is specified, or of a class specified,
in the delegation.
(2) The delegation must be in writing signed by the Commissioner.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
25 (4) A person exercising or performing a power or duty that has been
delegated to the person under this section is taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
(5) Nothing in this section limits the ability of the Commissioner to
30 perform a function through an officer or agent.
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Part 6 Other matters
s. 111
111. Effect of spent convictions
(1) The fact that an offence in respect of which a reportable
offender has been found guilty becomes spent does not affect --
(a) the status of the offence as a reportable offence for the
5 purposes of this Act in respect of the reportable
offender;
(b) the consideration of the offence as part of the reportable
offender's total criminal record for the purposes of
section 53(3)(f), 61(3)(f) or 90(3)(f);
10 (c) the inclusion of information about the offence in the
Register;
(d) any reporting obligations of the reportable offender; or
(e) any prohibition order in respect of the reportable
offender.
15 (2) For the purposes of this section, an offence becomes spent if,
under a law in any jurisdiction, the reportable offender is
permitted not to disclose the fact that he or she was convicted or
found guilty of the offence.
112. Civil standard of proof
20 When a court is determining whether it is satisfied as to a matter
for the purposes of making an order under section 13, 19, 53
or 90, the standard of proof is proof on the balance of
probabilities.
113. Certificate concerning evidence
25 (1) In this section --
"specified" means specified in the relevant certificate.
(2) In proceedings under this Act, a certificate signed by the
Commissioner certifying that the Register --
(a) at any particular date contained specified information; or
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Other matters Part 6
s. 114
(b) indicated that, during any particular period, a specified
person failed to notify information as required by this
Act,
is evidence, and in the absence of evidence to the contrary is
5 proof, of the matters stated in the certificate.
(3) For the purposes of this Act, a certificate that would be evidence
under a corresponding Act that at a specified time, or during a
specified period, a person was required to report to a
corresponding registrar under that Act is evidence, and in the
10 absence of evidence to the contrary is proof, of the matters
stated in the certificate.
114. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or authorised by this Act to be prescribed, or are
15 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may be made for or
with respect to --
(a) matters incidental to the making of reports under Part 3
20 including --
(i) the manner and form in which a report must be
made;
(ii) the nature of any verifying documentation or
evidence to be produced in support of a report;
25 and
(iii) requiring that a report contain information
additional to that required by that Part;
(b) the form of, or the information to be included in, any
notice or other document that is required by this Act to
30 be given to reportable offenders;
(c) the manner and form in which the Register is to be
established and maintained, including the manner and
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Part 6 Other matters
s. 114
form in which information is to be entered in the
Register;
(d) requiring or authorising the Commissioner to remove
specified information, or information of a specified
5 class, from the Register;
(e) the notification of reporting obligations to reportable
offenders, including --
(i) the manner and form in which the information is
to be given to reportable offenders;
10 (ii) requiring the reportable offender to acknowledge
being given the notice and prescribing how that
acknowledgment is to be given;
(iii) making special provision for the notification of
reportable offenders who are children or who
15 have disabilities or other special needs;
(iv) requiring or authorising a person to be notified of
a reportable offender's status as a child or person
who has a disability or other special need to
facilitate notification and reporting;
20 (v) providing for the notification to be given to a
carer of, or a person nominated by, a reportable
offender who may be unable to understand his or
her reporting obligations or the consequences of
failing to comply with those obligations;
25 (vi) requiring that a reportable offender be given
additional information to that required by
this Act;
(vii) requiring a person to provide specified
information to reportable offenders concerning
30 their reporting obligations;
(viii) requiring a person to inform the
Commissioner --
(I) that a reportable offender has left the
custody or control of the person;
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Community Protection (Offender Reporting) Bill 2004
Other matters Part 6
s. 115
(II) that the person has given specified
information to a reportable offender;
(III) that, in the opinion of the person, a
reportable offender does or does not
5 have the legal capacity to understand
specified information;
and
(ix) requiring a person to give the Commissioner any
acknowledgment by a reportable offender of the
10 receipt of a notice or any other specified
information that is held by the person;
(f) empowering the Commissioner to give directions as to
which police stations or approved places are to be used
as a venue for the making of reports;
15 (g) requiring a person to create records for the purposes of
this Act and to retain those records for a specified period
or an unlimited period;
(h) prescribing a person who falls within a specified class of
persons as a corresponding reportable offender for the
20 purposes of this Act; and
(i) stating that an order of a specified class made under a
specified corresponding Act is a corresponding offender
reporting order for the purposes of this Act.
(3) The regulations may provide that a contravention of a regulation
25 is an offence and prescribe, for an offence against the
regulations, a penalty not exceeding a fine of $6 000.
115. Minister to review and report on Act
(1) The Minister must carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the fifth
30 anniversary of the commencement day.
(2) The Minister must prepare a report based on the review and, as
soon as is practicable after the report is prepared, must cause it
to be laid before each House of Parliament.
page 79
Community Protection (Offender Reporting) Bill 2004
Part 6 Other matters
s. 116
116. Consequential amendments to Sentencing Act 1995
(1) The amendments in this section are to the Sentencing Act 1995*.
[* Reprint 3 as at 10 October 2003.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2003, Table 1, p. 348 and
Acts Nos. 50 of 2003 and 4, 8 of 2004.]
(2) After section 21(2) the following subsection is inserted --
"
(2a) If the court gives instructions that it do so, a
10 pre-sentence report is to set out matters that are
relevant to the making of an offender reporting order
under section 13 of the Community Protection
(Offender Reporting) Act 2004 in respect of the
offender.
15 ".
(3) After section 124 the following section is inserted in Part 17 --
"
124A. Offender reporting orders
For the purposes of section 123, an offender reporting
20 order made in respect of an offender under section 13
of the Community Protection (Offender Reporting)
Act 2004 is taken to be an order made under this Part.
".
page 80
Community Protection (Offender Reporting) Bill 2004
Class 1 offences Schedule 1
Schedule 1 -- Class 1 offences
[s. 10]
Enactment Description of offence
The Criminal Code
s. 187 Facilitating sexual offences against children
outside Western Australia
s. 279 (as read with s. 282) Murder (if the person against whom the
offence is committed is a child)
s. 281A (as read with s. 287A) Infanticide
s. 320 (except s. 320(6)) Sexual offences against child under 13
s. 321 (except s. 321(6)) Sexual offences against child of or over 13
and under 16
s. 321A Sexual relationship with child under 16
s. 322 (except s. 322(6)) Sexual offences against child of or over 16
by person in authority etc.
s. 325 Sexual penetration without consent (if the
person against whom the offence is
committed is a child)
s. 326 Aggravated sexual penetration without
consent (if the person against whom the
offence is committed is a child)
s. 327 Sexual coercion (if the person against whom
the offence is committed is a child)
s. 328 Aggravated sexual coercion (if the person
against whom the offence is committed is a
child)
s. 329 (except s. 329(8)) Sexual offences by relatives and the like
s. 330 Sexual offences against incapable person
Crimes Act 1914 of the
Commonwealth
s. 50BA Sexual intercourse with child under 16
s. 50BB Inducing child under 16 to engage in sexual
intercourse
page 81
Community Protection (Offender Reporting) Bill 2004
Schedule 2 Class 2 offences
Schedule 2 -- Class 2 offences
[s. 11]
Enactment Description of offence
The Criminal Code
s. 186 Occupier or owner allowing child to be on
premises for unlawful carnal knowledge
s. 320(6) Indecently recording child under 13
s. 321(6) Indecently recording child of or over 13 and
under 16
s. 322(6) Indecently recording child of or over 16 by
person in authority etc.
s. 323 Indecent assault (if the person against whom
the offence is committed is a child)
s. 324 Aggravated indecent assault (if the person
against whom the offence is committed is a
child)
s. 331B Sexual servitude (if the person against whom
the offence is committed is a child)
s. 331C Conducting business involving sexual
servitude (if the person against whom the
offence is committed is a child)
s. 331D Deceptive recruiting for commercial sexual
services (if the person against whom the
offence is committed is a child)
Prostitution Act 2000
s. 16 Causing, permitting or seeking to induce child
to act as prostitute
s. 17 Obtaining payment for prostitution by a child
Classification (Publications,
Films and Computer Games)
Enforcement Act 1996
s. 60 Child pornography
s. 101 Objectionable material offences (if the
objectionable material is child pornography)
page 82
Community Protection (Offender Reporting) Bill 2004
Class 2 offences Schedule 2
Enactment Description of offence
Children and Community
Services Act 2004
s. 192 Employment of child to perform in indecent
manner
Crimes Act 1914 of the
Commonwealth
s. 50BC Sexual conduct involving child under 16
s. 50BD Inducing child under 16 to be involved in
sexual conduct
s. 50DA Benefiting from offence against Part IIIA
s. 50DB Encouraging offence against Part IIIA
Customs Act 1901 of the
Commonwealth
s. 233BAB Special offences relating to tier 2 goods (if the
offence involves items of child pornography
or of child abuse material)
page 83
Community Protection (Offender Reporting) Bill 2004
Schedule 3 Class 3 offences
Schedule 3 -- Class 3 offences
[s. 12]
Enactment Description of offence
The Criminal Code
s. 279 (as read with s. 282) Murder (if the person against whom the
offence is committed is not a child)
s. 325 Sexual penetration without consent (if the
person against whom the offence is committed
is not a child)
s. 326 Aggravated sexual penetration without
consent (if the person against whom the
offence is committed is not a child)
s. 327 Sexual coercion (if the person against whom
the offence is committed is not a child)
s. 328 Aggravated sexual coercion (if the person
against whom the offence is committed is not
a child)
page 84
Community Protection (Offender Reporting) Bill 2004
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
approved place ................................................................................................. 3
authorised person ............................................................................................. 3
child................................................................................................................. 3
child protection prohibition order.................................................................... 85
Class 1 offence ................................................................................................. 3
Class 2 offence ................................................................................................. 3
Class 3 offence ................................................................................................. 3
commencement day.......................................................................................... 3
Commissioner .................................................................................................. 3
community order .............................................................................................. 3
conduct .......................................................................................................... 85
corresponding Act ............................................................................................ 3
corresponding offender reporting order ............................................................. 3
corresponding prohibition order...................................................................... 85
corresponding registrar ..................................................................................... 3
corresponding reportable offence ...................................................................... 3
corresponding reportable offender .................................................................... 3
court .......................................................................................... 3, 14, 68(1), 85
detainee............................................................................................................ 3
disability .......................................................................................................... 3
existing controlled reportable offender.............................................................. 3
existing licensee ............................................................................................... 3
existing order .............................................................................................90(4)
family order .............................................................................................107(1)
finding of guilt ................................................................................................. 3
foreign jurisdiction ........................................................................................... 3
foreign witness protection law .......................................................................... 3
government custody.......................................................................................... 3
in person ..................................................................................................... 5(2)
interim prohibition order................................................................................. 85
law enforcement agency .............................................................................81(3)
mentally impaired defendant............................................................................. 3
misconduct restraining order.....................................................................107(1)
new order ...................................................................................................90(4)
New South Wales Act ...................................................................................... 3
New South Wales reportable offender............................................................... 3
offender reporting order.................................................................................... 3
parole............................................................................................................... 3
past offender reporting order............................................................................. 3
page 85
Community Protection (Offender Reporting) Bill 2004
Defined Terms
personal details................................................................................................. 3
personal information......................................................................................... 3
police order ..............................................................................................107(1)
prisoner............................................................................................................ 3
prohibition order ........................................................................................ 3, 85
public authority ................................................................................................ 3
recognised foreign reporting period.............................................................49(1)
Register............................................................................................................ 3
registrar.................................................................................................... 14, 85
relevant authority........................................................................................54(1)
reportable information ................................................................................84(1)
reportable offence............................................................................................. 3
reportable offender ........................................................................................... 3
reporting obligations......................................................................................... 3
reporting order ............................................................................................... 14
reporting period................................................................................................ 3
respondent................................................................................................ 14, 85
restraining order .......................................................................................107(1)
sentence ........................................................................................................... 3
specified...................................................................................................113(1)
strict government custody................................................................................. 3
strict supervision .............................................................................................. 3
supervising authority ........................................................................................ 3
violence restraining order .........................................................................107(1)
witness protection program............................................................................. 74
young reportable offender................................................................................. 3
page 86
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