Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004


TABLE OF PROVISIONS

           Long Title

   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  

   61.     Commissioner may approve suspension of reporting obligations
            
   62.     Cessation of approval

           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  

   85.     Terms used
            
   86.     Evidence

           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  

   99.     Attendance at hearings
            
   100.    Notification of orders made in absence of respondent

           Division 5 -- Offence  

   101.    Failure to comply with orders

           Division 6 -- Appeals  

   102.    Appeals
            
   103.    Appeal does not stay order

           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
           SCHEDULE 1 -- Class 1 offences
           SCHEDULE 2 -- Class 2 offences
           Compilation table


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback