COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004
Table of Provisions
PART 1 -- Preliminary matters
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Meaning of finding of guilt
- 5 Other reference provisions
PART 2 -- Offenders to whom Act applies
Division 1 -- General
- 6 Reportable offenders
- 7 Corresponding reportable offenders
- 8 New South Wales reportable offenders
- 9 Reportable offences
- 10 Class 1 offences
- 11 Class 2 offences
- 13 Offender reporting orders
- 14A Consent orders
Division 2 -- Past offender reporting orders
- 14 Terms used
- 15 Commissioner may apply for reporting orders
- 16 Fixing a hearing
- 17 Evidence
- 18 How application to be disposed of
- 19 Court may make reporting orders
- 20A Consent orders
- 20 Attendance at hearings
- 21 Notification of orders made in absence of respondent
- 22 Appeals
- 23 Appeal does not stay order
PART 3 -- Reporting obligations
Division 1 -- Initial report
- 24 When report must be made
- 25 When new initial report must be made by offender whose previous reporting obligations have ceased
- 26 Initial report by reportable offender of personal details
- 27 Persons required to report under corresponding Act
Division 2 -- Ongoing reporting obligations
- 28 Reportable offender to report annually and as required by Commissioner
- 29 Reportable offender to report changes to relevant personal details
- 29A Intended absence from place of residence to be reported
- 30 Intended absence from Western Australia to be reported
- 31 Change of travel plans while out of Western Australia to be reported
- 32 Reportable offender to report return to Western Australia or decision not to leave
- 33 Report of other absences from Western Australia
Division 3 -- Provisions applying to all reporting obligations
- 34 Where reports must be made
- 35 How reports must be made
- 36 Right to privacy and support when reporting
- 37 Receipt of information to be acknowledged
- 38 Additional matters to be provided
- 39 Power to take fingerprints
- 40 Power to take photographs
- 41 Reasonable force may be used to obtain fingerprints and photographs
- 42 Retention of material for certain purposes
- 43 Reporting by remote offenders
Division 4 -- Suspension and extension of reporting obligations
- 44 Suspension and extension of reporting obligations
Division 5 -- Reporting period
- 45 When reporting obligations begin
- 46 Length of reporting period
- 47 Reduced period applies for young reportable offenders
- 48 Extended reporting period if reportable offender still on parole
- 49 Reporting period for corresponding reportable offenders
- 50 Reporting period for New South Wales reportable offenders
Division 6 -- Exemption from reporting obligations
- 51 Application of Division
- 52 District Court may exempt certain reportable offenders
- 53 Order for suspension
- 54 Commissioner and certain chief executive officers entitled to be parties to proceedings
- 55 Commissioner to be notified of order
- 56 No costs to be awarded
- 57 Applications not to be heard in public on application of party to proceedings
- 58 Restriction on right of unsuccessful applicant to re-apply for order
- 59 Cessation of order
- 60 Application for new order
Division 7 -- Suspension of reporting obligations of certain reportable offenders
Division 8 -- Offences
- 63 Failure to comply with reporting obligations
- 64 Providing false or misleading information
- 65 No time limit for prosecutions
- 66 Bar to prosecution for failing to report leaving Western Australia
Division 9 -- Notification of reporting obligations
- 67 Notice to be given to reportable offender
- 68 Courts to provide sentencing information to Commissioner
- 69 Notice to be given when reporting period changes
- 70 Supervising authority to notify Commissioner of certain events
- 71 Notices may be given by Commissioner
- 72 Power of detention to enable notice to be given
- 73 Failure to comply with procedural requirements does not affect reportable offender’s obligations
Division 10 -- Modified reporting procedures for participants in witness protection programs
- 74 Term used: witness protection program
- 75 Application of this Division
- 76 Report need not be made in person
- 77 Determination as to whether this Division applies
- 78 When determination takes effect
- 79 Modification of reporting obligations
PART 4A -- Change of name
- 80A Terms used
- 80B Application
- 80C Application for change of name by or in respect of reportable offender
- 80D Approval by Commissioner
- 80E Registration of change of name
- 80F WA Registrar to correct Registration Act Register
- 80G Exchange of information between Commissioner and WA Registrar
PART 4 -- Community Protection Offender Register
- 80 Requirement to establish and maintain Community Protection Offender Register
- 81 Access to Register to be restricted
- 82 Confidentiality
- 83 Restriction on who may access personal information on protected witnesses
- 84 Reportable offender’s rights in relation to Register
PART 5A -- Publication of information about offenders
Division 1 -- Preliminary
- 85A Terms used
- 85B Delegation by Commissioner
- 85C Commissioner not required to publish or provide information
- 85D Restriction on information about protected witnesses
Division 2 -- Commissioner may publish information
- 85E Application
- 85F Commissioner may publish personal details of certain reportable offenders
- 85G Commissioner may publish photograph and locality of certain persons
- 85H Removal of photograph and locality from website
- 85I Commissioner may take into account certain matters
- 85J Commissioner may inform child’s parent or guardian whether specified person is a reportable offender
- 85K Protection as to publication and other provision of information
Division 3 -- Offences
- 85L Conduct intended to incite animosity towards or harassment of identified offenders
- 85M Publication, display and distribution of identifying information
PART 5 -- Protection orders
Division 1 -- Preliminary
Division 2 -- Orders
- 87 Commissioner may apply for orders
- 88 Fixing a hearing
- 89 How application to be disposed of
- 90 Court may make child protection orders
- 91 Term of child protection orders
- 92 Interim child protection orders
- 93 Conduct that may be subject of orders
- 94A Reportable offenders may be required to undergo assessment and treatment
- 94B Reportable offenders may be required to submit to tests or give samples for analysis
- 94C Authorised police officers may enter premises to inspect computers
- 94 Explanation of orders
- 95 Consent orders
Division 3 -- Variation or revocation
- 96 Variation or revocation of child protection orders
- 97 Fixing a hearing
- 98 How application to be disposed of
Division 4 -- Attendance at hearings
Division 5 -- Offence
- 101 Failure to comply with orders
Division 6 -- Appeals
Division 7 -- Miscellaneous
- 104 Applications not to be heard in public
- 106 Restriction on publication of identity of reportable offenders and victims
- 107 Protection orders have no effect to extent of inconsistency with certain other orders
- 108 Recognition of protection orders made in other jurisdictions
PART 6 -- Other matters
- 109 Protection from liability
- 110A Public authorities to provide Commissioner with certain information
- 110 Delegation by Commissioner
- 111 Effect of spent convictions
- 112 Civil standard of proof
- 113 Certificate concerning evidence
- 114 Regulations
- 115 Minister to review and report on Act
- 115A Transitional arrangements for certain offenders
- 115B Further transitional arrangements for certain offenders sentenced for Class 2 offences