COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 26
COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 26
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; and
(b) in
respect of each name other than his or her current name, the period during
which he or she was known by that other name; and
(c) his
or her date of birth; and
(daa)
details of any passport that he or she holds, including its number and expiry
date and the name of the country that issued it; and
(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; and
(da) any
telephone number that he or she has or that he or she regularly uses; and
(db) any
email address that he or she has or that he or she regularly uses; and
(dc) the
name of any Internet service provider whose Internet carriage service —
(i)
he or she is supplied with; or
(ii)
he or she regularly uses;
and
(dd) any
name (other than a name reported under paragraph (a)) that he or she uses, or
by which he or she is known, when using the internet for the purposes of
communication; and
(de) any
—
(i)
website; or
(ii)
communication service provided by means of the internet,
in connection with
which he or she uses a name referred to in paragraph (a) or (dd) or an email
address referred to in paragraph (db); and
(df) any
user name, code, password or other information that he or she uses to gain
access to —
(i)
the internet generally or a particular website, other
than a website operated by an authorised deposit-taking institution, as
defined in the Banking Act 1959 (Commonwealth), or a website approved by the
Commissioner under subsection (1b); or
(ii)
an email address referred to in paragraph (db) or a
communication service referred to in paragraph (de);
and
(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; and
(fa) the
address of each of the premises at which —
(i)
he or she is regularly present; and
(ii)
any children generally reside;
and
(f) if
he or she is employed —
(i)
the nature of his or her employment; and
(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 premises, the name of each of the localities in which he or she is
generally employed;
and
(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; and
(h) the
make, model, colour and registration number of any motor vehicle owned by, or
generally driven by, him or her; and
(i)
details of any tattoos or permanent distinguishing marks
that he or she has (including details of any tattoo or mark that has been
removed); and
(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 corresponding offender reporting
order or a corresponding protection order recognised under section 108 and, if
so, where that finding occurred or that order was made; and
(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 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
absence) —
(i)
in general terms, the reason for travelling; and
(ii)
in general terms, the frequency and destinations of the
travel.
(1a) In subsection
(1)(dc) —
Internet carriage service and Internet service
provider have the same meanings as they have in Schedule 5 to the
Broadcasting Services Act 1992 of the Commonwealth.
(1b) For the purposes
of subsection (1)(df)(i), the Commissioner may, at the written request of a
reportable offender, approve a website used by the offender if the
Commissioner is satisfied that the website is used by the offender only for
lawful purposes in connection with recording financial information or making
financial transactions.
(2) For the purposes
of this section —
(a) a
reportable offender does not generally reside at any particular premises
unless he or she resides at those premises for at least 7 days (whether
consecutive or not) in any period of 12 months; and
(b) a
child does not generally reside in the same household as a reportable offender
unless they reside together in that household for at least 3 days (whether
consecutive or not) in any period of 12 months; and
(c) a
reportable offender does not have regular unsupervised contact with a child
unless he or she has unsupervised contact with the child for at least 3 days
(whether consecutive or not) in any period of 12 months; and
(da) a
reportable offender is not regularly present at any premises unless he or she
is present at those premises for at least 7 days (whether consecutive or not)
in any period of 12 months; and
(db) a
child does not generally reside at any premises unless he or she resides at
those premises for at least 3 days (whether consecutive or not) in any period
of 12 months; and
(d) a
reportable offender is not generally employed at any particular premises
unless he or she is employed at those premises for at least 7 days (whether
consecutive or 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 7 days (whether consecutive or
not) in any period of 12 months.
(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; or
(b)
carries out work as a self-employed person or as a subcontractor; or
(c)
carries out work as a volunteer for an organisation; or
(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 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
(b)
engages the reportable offender under contract to carry out work.
[Section 26 amended: No. 27 of 2008 s. 4; No. 54
of 2012 s. 13 and 42(2).]