Community Protection (Offender Reporting) Amendment Act 2024
Community Protection (Offender Reporting) Amendment Act 2024
Western Australia
Community Protection (Offender Reporting) Amendment Act 2024
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Stage 1 amendments — general
Division 1 — Community Protection (Offender Reporting) Act 2004 amended
3.Act amended3
4.Section 3 amended3
5.Sections 4A and 4B inserted5
4A.Meaning of reportable contact5
4B.Meaning of reportable contact details6
6.Section 6 amended7
7.Section 14 amended8
8.Section 16 amended8
9.Section 18 amended8
10.Section 20A amended8
11.Section 21 amended8
12.Section 22 amended9
13.Section 24 amended9
14.Section 25 amended9
15.Section 26 amended9
16.Part 3 Division 2 Subdivision 1 heading inserted14
Subdivision 1 — General
17.Section 29 amended15
18.Part 3 Division 2 Subdivision 2 inserted16
Subdivision 2 — Reportable contact with child
33A.Ongoing reporting of reportable contact with child16
33B.Exemption from ongoing reporting of reportable contact with child16
33C.When exemptions end17
33D.Reporting of reportable contact with child ceasing for 60 days19
19.Section 34 amended19
20.Section 35 amended19
21.Section 37 amended21
22.Section 40A inserted22
40A.Power to obtain DNA profiles22
23.Section 41 amended23
24.Section 42 amended25
25.Sections 43A and 43B inserted25
43A.Time for reporting25
43B.Powers additional26
26.Section 45 amended26
27.Section 46 amended27
28.Section 61 amended27
29.Section 62 amended28
30.Section 63 amended28
31.Section 64 amended29
32.Section 67 amended29
33.Section 80C amended29
34.Section 81 amended30
35.Section 82 amended30
36.Section 82A inserted33
82A.Delegation by Commissioner33
37.Section 85A amended34
38.Section 85B amended34
39.Section 85G amended34
40.Sections 85GA and 85GB inserted35
85GA.Notice to give address and photograph to Commissioner35
85GB.Authorisation by Minister to publish photograph and locality in relation to certain offences36
41.Section 85H amended38
42.Section 85J amended38
43.Section 85K amended39
44.Section 85L amended40
45.Section 85M amended40
46.Section 94B amended40
47.Section 94C amended41
48.Section 101 amended42
49.Section 106 amended43
50.Part 5B inserted43
Part 5B — Power to enter and search premises and vehicles in relation to serious reportable offenders
108A.Serious reportable offenders43
108B.Restriction on exercise of powers under Part44
108C.Additional police powers in relation to serious reportable offenders may be exercised without warrant44
108D.Use of force when exercising powers under this Part45
108E.Entry to and search of premises and vehicles in relation to serious reportable offenders45
108F.Power to seize things relevant to offences47
51.Section 109A inserted48
109A.Assistance when exercising powers48
52.Section 110 amended48
53.Section 113 amended49
54.Part 7 heading and Part 7 Division 1 heading inserted49
Part 7 — Transitional matters and consequential amendment
Division 1 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2008
55.Part 7 Division 2 heading inserted49
Division 2 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act (No. 2) 2012 and consequential amendment
56.Part 7 Division 3 inserted50
Division 3 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2024
Subdivision 1 — General
117.Interpretation Act 1984 not affected50
118.Transitional regulations50
Subdivision 2 — Stage 1 transitional provisions
119.Term used: commencement day52
120.Notifying reporting obligations and reporting periods before commencement day52
121.Reporting period and reporting obligations in relation to person who was reportable offender or committed offence before commencement day53
122.Reporting period in relation to reportable offender in immigration detention before commencement day54
123.References to personal details of reportable offenders before commencement day55
124.Application to person not sentenced before commencement day56
125.Application of powers in relation to person who was reportable offender, or in relation to offence committed, before commencement day56
126.Minister may revoke authorisations to publish photograph and locality given before commencement day56
57.Schedule 1 amended57
58.Schedule 2 amended57
59.Various references to “prescribed by the regulations” amended57
Division 2 — Consequential amendments to other Acts
Subdivision 1 — Criminal Investigation (Identifying People) Act 2002 amended
60.Act amended58
61.Section 53 replaced58
53.Application of Part58
62.Section 68B inserted59
68B.Identifying information of reportable offenders59
Subdivision 2 — Criminal Organisations Control Act 2012 amended
63.Act amended60
64.Section 98 amended60
Subdivision 3 — Sentencing Act 1995 amended
65.Act amended60
66.Section 8 amended60
Part 3 — Stage 2 amendments — juvenile offenders
Division 1 — Community Protection (Offender Reporting) Act 2004 amended
67.Act amended62
68.Section 3 amended62
69.Section 6 amended64
70.Section 9 replaced65
9.Meaning of reportable offence65
71.Part 2 Division 1A heading inserted67
Division 1A — Offender reporting orders
72.Section 13 amended67
73.Part 2 Divisions 1B and 1C inserted68
Division 1B — Juvenile offender reporting orders
14B.Juvenile offender reporting orders68
14C.Revoking juvenile offender reporting orders70
14D.Consent orders71
Division 1C — Juvenile offender exemption orders
14E.Juvenile offender exemption orders72
14F.Consent orders74
74.Section 14 amended74
75.Section 15 amended75
76.Sections 15A and 15B inserted75
15A.Court may make past offender reporting orders75
15B.Consent orders77
77.Part 2 Division 3 inserted77
Division 3 — General matters relating to reporting orders made under this Part
15C.Terms used77
15D.Persons who may act on behalf of offender who is child79
78.Section 16 amended79
79.Section 17 amended80
80.Section 18 amended80
81.Sections 19 and 20A deleted81
82.Section 20 amended81
83.Section 21 amended82
84.Section 22 amended83
85.Section 26 amended85
86.Section 46 amended85
87.Section 47 amended86
88.Section 90 amended86
89.Section 110A amended86
90.Section 112 amended87
91.Part 7 Division 3 Subdivision 3 inserted87
Subdivision 3 — Stage 2 transitional provisions
127.Term used: commencement day87
128.Juvenile offender reporting orders in relation to offenders not sentenced before commencement day87
129.Reportable offences sentenced before commencement day88
130.Reporting period in relation to person who was reportable offender or committed offence before commencement day89
131.Reportable offender who committed offence as child in foreign jurisdiction before commencement day89
132.Past offender reporting orders made before commencement day90
133.Application to person not sentenced before commencement day90
134.Application of powers in relation to person who was reportable offender before commencement day90
Division 2 — Consequential amendments to other Acts
Subdivision 1 — Children’s Court of Western Australia Act 1988 amended
92.Act amended91
93.Section 40A inserted91
40A.Review by President of certain decisions under Community Protection (Offender Reporting) Act 200491
Subdivision 2 — Criminal Investigation (Identifying People) Act 2002 amended
94.Act amended93
95.Section 68B amended93
Subdivision 3 — Sentencing Act 1995 amended
96.Act amended93
97.Section 21 amended93
98.Section 124A replaced94
124A.Section 123 applies to certain orders under Community Protection (Offender Reporting) Act 200494
Subdivision 4 — Young Offenders Act 1994 amended
99.Act amended94
100.Section 47 amended94
Part 4 — Stage 3 amendments — reporting location
101.Act amended95
102.Part 3 Division 2 Subdivision 3 inserted95
Subdivision 3 — Reporting location on request
33E.Reportable offender to report location as required by Commissioner95
33F.Regulations may prescribe that notice to report location is taken to be received in certain circumstances and other matters96
103.Part 7 Division 3 Subdivision 4 inserted98
Subdivision 4 — Stage 3 transitional provisions
135.Term used: commencement day98
136.Notifying reporting obligations before commencement day98
137.Reporting obligations in relation to person who was reportable offender before commencement day99
138.Application to person not sentenced before commencement day99
139.Application of powers in relation to person who was reportable offender before commencement day99
Community Protection (Offender Reporting) Amendment Act 2024
An Act to amend the Community Protection (Offender Reporting) Act 2004 and to make consequential amendments to various Acts.
[Assented to 22 October 2024]
The Parliament of Western Australia enacts as follows:
This is the Community Protection (Offender Reporting) Amendment Act 2024.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Stage 1 amendments — general
Division 1 — Community Protection (Offender Reporting) Act 2004 amended
This Division amends the Community Protection (Offender Reporting) Act 2004.
(1)In section 3 insert in alphabetical order:
electronic device means any device capable of storing or accessing electronic data;
immigration detention —
(a)includes immigration detention as defined in the Migration Act 1958 (Commonwealth) section 5(1); but
(b)does not include detention during a period when a person undertakes the detention in the community;
Example for this definition:
For the purposes of paragraph (b) — detention of a person subject to a residence determination under the Migration Act 1958 (Commonwealth) section 197AB(1).
non‑intimate identifying procedure has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
premises includes part of premises;
prescribed means prescribed by regulations made under this Act;
reportable contact has the meaning given in section 4A;
reportable contact details has the meaning given in section 4B;
reporting order means any of the following —
(a)an offender reporting order;
(b)a past offender reporting order;
Note for this definition:
For the purposes of paragraph (a) — an offender reporting order includes a corresponding offender reporting order.
senior police officer means a police officer of, or acting in, the rank of sergeant or a higher rank;
WA Police has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
(2)In section 3 in the definition of government custody:
(a)in paragraph (b) delete “paragraph (a);” and insert:
paragraph (a); or
(b)after paragraph (b) insert:
(c)immigration detention under a law of a foreign jurisdiction;
(3)In section 3 in the definition of offender reporting order after “section 13” insert:
or 14A
(4)In section 3 in the definition of strict government custody after “custody as a” insert:
person in immigration detention, as a
After section 4 insert:
4A.Meaning of reportable contact
(1)A reportable offender has reportable contact with a child if the offender has contact with the child when the offender —
(a)supervises or cares for the child; or
(b)visits or stays at a household where the child is present; or
(c)gives their contact details to the child or receives the child’s contact details; or
(d)befriends or attempts to befriend the child.
(2)For the purposes of this section, contact with a child by a reportable offender includes any of the following —
(a)the offender having physical contact with the child;
(b)the offender being in very close physical proximity to the child;
(c)the offender communicating with the child (including oral or written communication or communication that takes place by mail, in person, by telephone or by electronic means).
Examples for this subsection:
For the purposes of paragraph (c), electronic means includes internet, email, messaging service, chat room, social networking site, message board.
4B.Meaning of reportable contact details
(1)For the purposes of this Act, reportable contact details, in relation to a reportable offender’s reportable contact or likely reportable contact with a child, are —
(a)the name, age and residential address (if known) and any other known contact details of each child with whom the offender has reportable contact or is likely to have reportable contact; and
(b)the name and residential address (if known) and any other known contact details of each parent or guardian of each child referred to in paragraph (a); and
(c)details related to the reportable contact or likely reportable contact with the child referred to in paragraph (a).
(2)For the purposes of this section, details related to reportable contact or likely reportable contact with a child by a reportable offender are —
(a)a description of the type of contact the offender has with the child or is likely to have with the child; and
(b)whether the contact occurs or is likely to occur when the offender —
(i)supervises or cares for the child; or
(ii)visits or stays at a household where the child is present; or
(iii)gives their contact details to the child or receives the child’s contact details; or
(iv)befriends or attempts to befriend the child;
and
(c)any other prescribed details relating to the contact or likely contact.
Examples for this subsection:
For the purposes of paragraph (a) — whether the contact involves or is likely to involve physical contact with the child, being in very close proximity to the child, or communication with the child (including communication by mail, in person, by telephone or by electronic means).
For the purposes of paragraph (c) — frequency of contact.
(1)In section 6(1) delete “subsections (4) and (5),” and insert:
subsections (4), (5) and (5A),
(2)After section 6(5) insert:
(5A)If a reporting order is made in relation to an offence committed by a person after the person is sentenced for the offence, the person is taken to be a reportable offender when the order is made rather than when the person is sentenced for the offence.
(3)In section 6(7) delete “offender reporting order or past offender reporting order.” and insert:
reporting order.
(1)In section 14 delete the definition of reporting order.
(2)In section 14 in the definitions of registrar and respondent delete “reporting order” (each occurrence) and insert:
past offender reporting order
In section 16 delete “reporting order” and insert:
past offender reporting order
In section 18(a) delete “reporting order; or” and insert:
past offender reporting order; or
In section 20A(2) delete “reporting order” and insert:
past offender reporting order
In section 21 delete “reporting order” and insert:
past offender reporting order
In section 22(1)(b) delete “reporting order” and insert:
past offender reporting order
In section 24(2A) delete “an offender reporting order or a past offender reporting order” and insert:
a reporting order
After section 25(1)(a) insert:
(aa)if the offence results in the making of a reporting order that is not made at the time of sentencing for the offence – within 7 days after the order is made; or
(1)In section 26(1):
(a)before paragraph (daa) insert:
(cb)details of each foreign citizenship that the offender holds (if any), including the name of the country for which it is held; and
(b)in paragraph (daa) delete “any passport that” and insert:
each passport that
(c)in paragraph (daa) delete “holds,” and insert:
holds (if any),
(d)delete paragraph (d) and insert:
(d)the address of each of the following —
(i)each premises at which the offender generally resides or, if they do not generally reside at any particular premises, the name of each of the localities in which they can generally be found;
(ii)each other premises (including a storage facility), if any, owned or rented by the offender or of which the offender has control or management;
and
(e)in paragraph (da) delete “any” and insert:
each
(f)in paragraph (db) delete “any email address” and insert:
each email address (if any)
(g)in paragraph (dc) delete “any” and insert:
each
(h)delete paragraphs (dd) and (de) and insert:
(dd)each name (other than a name reported under paragraph (a)), if any, that the offender uses, or by which the offender is known, when using each of the following (if any) —
(i)the internet for the purposes of communication;
(ii)an electronic communication service;
(iii)an incidental communication application;
and
(de)the name or URL of each of the following (if any) in connection with which the offender uses a name referred to in paragraph (a) or (dd) or an email address referred to in paragraph (db) —
(i)a website;
(ii)an electronic communication service;
(iii)an incidental communication application;
and
(i)in paragraph (df) delete “any user name, code, password or other information” and insert:
each user name, code, password or other information (if any)
(j)in paragraph (df)(ii) delete “a communication service referred to in paragraph (de);” and insert:
an electronic communication service referred to in paragraph (de); or
(k)after paragraph (df)(ii) insert:
(iii)an incidental communication application referred to in paragraph (de);
(l)delete paragraphs (e) and (fa) and insert:
(e)reportable contact details of each reportable contact (if any) the offender —
(i)has with a child; or
(ii)is likely to have with a child within the period of 12 months after the day on which the report is made;
and
(m)in paragraph (g) delete “any club or organisation” and insert:
each club or organisation (if any)
(n)in paragraph (h) delete “any motor vehicle” and insert:
each motor vehicle (if any)
(o)in paragraph (i) delete “any tattoos or permanent distinguishing marks” and insert:
each tattoo or permanent distinguishing mark
(p)in paragraph (i) delete “any tattoo or mark that has been removed); and” and insert:
each tattoo or mark that has been removed) if any; and
(q)in paragraph (l)(ii) delete “travel.” and insert:
travel;
(r)after paragraph (l) insert:
and
(m)the name of each authorised deposit‑taking institution, as defined in the Banking Act 1959 (Commonwealth) section 5(1), or other prescribed financial service provider, with which the offender has an account or dealings; and
(n)any other prescribed information.
(2)In section 26(2):
(a)in paragraph (a) delete “reside at” and insert:
reside at, own, rent, control or manage
(b)in paragraph (a) delete “resides at” and insert:
(as the case requires) resides at, owns, rents, controls or manages
(c)in paragraph (a) delete “7” and insert:
3
(d)delete paragraphs (b) to (db);
(e)in paragraphs (d) and (e) delete “7” and insert:
3
(3)After section 26(4) insert:
(5)For the purposes of subsection (1)(dd), (de) or (df), an incidental communication application includes software, an application or an electronic device that may be used for communication or that has communication as an incidental function.
Example for this subsection:
Computer games or consoles.
16.Part 3 Division 2 Subdivision 1 heading inserted
At the beginning of Part 3 Division 2 insert:
(1)Delete section 29(1)(a) and (b) and insert:
(a)if the change relates to any of the details referred to in section 26(1)(d), within 24 hours after the change occurs; or
(b)if the change relates to any of the details referred to in section 26(1)(f) or (h), within 3 days after the change occurs; or
(c)otherwise, within 7 days after the change occurs.
(2)Delete section 29(2) and insert:
(2)For the purposes of subsection (1), a change occurs on the expiry of the 3 day period referred to in section 26(2)(a), (d) or (e) in relation to —
(a)the premises that the reportable offender resides at, owns, rents, controls or manages; or
(b)the premises where the reportable offender is generally employed; or
(c)the motor vehicle that the reportable offender generally drives.
(3)After section 29(5) insert:
(6)Despite a reporting obligation in this section, a reportable offender is not required to report a change under this section that relates to reportable contact with a child referred to in section 26(1)(e).
Note for this subsection:
A reportable offender’s ongoing obligations in relation to reportable contact with a child are provided under section 33A.
18.Part 3 Division 2 Subdivision 2 inserted
At the end of Part 3 Division 2 insert:
Subdivision 2 — Reportable contact with child
33A.Ongoing reporting of reportable contact with child
If a reportable offender has reportable contact with a child, the reportable offender must report to the Commissioner the following details within 24 hours after each reportable contact with the child occurs unless the offender is exempt from reporting reportable contact with the child —
(a)reportable contact details of the reportable contact;
(b)reportable contact details of any likely reportable contact with the child within the period of 12 months after the day on which the report is given.
33B.Exemption from ongoing reporting of reportable contact with child
(1)The Commissioner may, by written notice, exempt a reportable offender from the requirement to report reportable contact with a child under section 33A if the offender has given reportable contact details in relation to reportable contact and likely reportable contact with the child to the Commissioner.
(2)In deciding whether to grant an exemption, the Commissioner must take into account the following —
(a)whether the reportable offender normally lives with the child;
(b)how frequently the reportable offender has reportable contact, or is likely to have reportable contact, with the child;
(c)the nature of the reportable contact with the child;
(d)any other matter the Commissioner considers relevant.
(3)The exemption has effect from the time the notice under subsection (1) is given to the offender or from any later date specified in the notice.
(4)The Commissioner may revoke a reportable offender’s exemption at any time by giving written notice to the offender.
(5)The revocation has effect from the time the notice is given to the offender under subsection (4).
(6)This section is in addition to, and does not limit, any other provision which provides for an exemption or suspension of a reporting obligation.
(1)A reportable offender’s exemption under section 33B ceases to have effect when —
(a)at any time after the exemption is granted, the offender —
(i)is made subject to a reporting order or a protection order; or
(ii)is found guilty of a reportable offence; or
(iii)becomes a corresponding reportable offender who must under section 49 continue to comply with the reporting obligations imposed by this Part for any period; or
(iv)is given a notice under section 33B(4);
or
(b)the reportable contact details given by the offender to the Commissioner for the exemption have changed since they were given or are not accurate.
(2)An exemption that ceases to have effect in accordance with subsection (1) is revived if —
(a)the finding of guilt that caused the approval to cease to have effect is quashed or set aside by a court; or
(b)the approval ceased to have effect in accordance with subsection (1)(a)(i) and —
(i)the reporting order or protection order is quashed on appeal; or
(ii)in the case of a reporting order — the 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 finding of guilt or a reporting order or protection order.
33D.Reporting of reportable contact with child ceasing for 60 days
(1)This section applies if —
(a)a reportable offender has an exemption under section 33B from reporting reportable contact with a child under section 33A; and
(b)the offender does not have reportable contact with the child for a period (the non‑contact period) of 60 consecutive days beginning on the day after the day on which the offender’s last reportable contact with the child occurred.
(2)The reportable offender must report the following to the Commissioner within 1 day after the end of the non‑contact period —
(a)the name of the child;
(b)details about why the reportable contact has stopped for the non‑contact period.
In section 34(2) delete “permitted” and insert:
permitted or required
(1)Delete section 35(1).
(2)Delete section 35(2) and insert:
(2)A reportable offender must make a report —
(a)if the report is required under this Part to be made in a certain manner — in the manner required under this Part; or
(b)if the report is not required under this Part to be made in a certain manner — in any of the following ways —
(i)in person;
(ii)in any way prescribed;
(iii)in any way permitted by the Commissioner in a particular case, for a class of cases or for all cases.
(3)In section 35(3) delete “Part.” and insert:
Part unless the report is made electronically —
(a)in accordance with the regulations; or
(b)in a way permitted by the Commissioner under subsection (2)(b)(iii).
(4)Delete section 35(5) and insert:
(5)If a reportable offender is permitted or required to make a report otherwise than in person in accordance with subsection (2), any of the following may make a report on the offender’s behalf —
(a)if the offender has a disability that makes it impossible or impracticable for them to make the report — a parent, guardian, carer or other person nominated by the offender;
(b)if the offender has a guardian under the Guardianship and Administration Act 1990 — the guardian.
(1)In section 37(1) delete “As soon as is practicable after receiving a report under Division 1, the authorised person receiving the report” and insert:
Subject to subsection (3C), as soon as is practicable after receiving a report under this Part, an authorised person
(2)In section 37(2) delete “The” and insert:
If a report under this Part is made in person, the
(3)In section 37(3) delete “If a report under this Part is made otherwise than in person, the authorised person who received the report” and insert:
Subject to subsection (3C), if a report under this Part is made otherwise than in person, an authorised person
(4)In section 37(3)(b) delete “and, if applicable,” and insert:
and
(5)After section 37(3) insert:
(3A)If a report under this Part is made electronically, any unique reference number or acknowledgment required to be given by this section may be given electronically.
(3B)The regulations may prescribe the manner in which a unique reference number or acknowledgment may be given electronically under subsection (3A).
(3C)If a report is made electronically by a person, it may be received by an automated system and an automated system may give an acknowledgement including a unique reference number to the person.
After section 40 insert:
40A.Power to obtain DNA profiles
(1)In this section —
forensic database has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 61.
(2)This section applies if an authorised person reasonably suspects a reportable offender’s DNA profile is not held, or may not be held, by the WA Police or in a forensic database.
(3)An authorised person receiving a report made in person under this Part may require the reportable offender to submit to a non‑intimate identifying procedure for the purpose of obtaining the offender’s DNA profile.
(4)The non‑intimate identifying procedure for the purpose of obtaining the reportable offender’s DNA profile must be done in accordance with the Criminal Investigation (Identifying People) Act 2002 Part 8 (other than section 54(1)).
(5)This section applies despite the Criminal Investigation (Identifying People) Act 2002 section 11(3).
(1)In section 41(1):
(a)delete “39 or 40(1),” and insert:
39, 40 or 40A,
(b)delete paragraph (a) and insert:
(a)of the purpose for which the power is to be exercised and —
(i)in the case of section 39, why the authorised person is not satisfied as to the identity of the offender; or
(ii)in the case of section 40A, why the authorised person reasonably suspects the offender’s DNA profile is not held, or may not be held, by the WA Police or in a forensic database;
and
(c)in paragraph (b) delete “fingerprints or” and insert:
fingerprints,
(d)in paragraph (b) after “body” insert:
or submit to a non‑intimate identifying procedure being done on the offender
(e)in paragraph (c) delete “Commissioner.” and insert:
Commissioner or the DNA profile will be retained in accordance with the law.
(2)In section 41(2):
(a)delete “police officer of or above the rank of sergeant,” and insert:
senior police officer,
(b)delete the passage that begins “officer or” and ends with “may” and insert:
officer may
(c)in paragraph (b) delete “photographed.” and insert:
photographed; or
(d)after paragraph (b) insert:
(c)to carry out a non‑intimate identifying procedure on the reportable offender for the purpose of obtaining the offender’s DNA profile.
(3)In section 41(3) delete “under section 39 or 40(1),” and insert:
in relation to section 39, 40 or 40A,
(4)After section 41(3) insert:
(4)This section applies despite the Criminal Investigation (Identifying People) Act 2002 section 11(3).
Note for this section
A police officer may authorise as many other persons to assist in the exercise of the police officer’s powers under this Act as are reasonably necessary in the circumstances (see section 109A).
Note: The heading to amended section 41 is to read:
Reasonable force may be used to obtain DNA profiles, fingerprints and photographs
At the end of section 42 insert:
Note for this section:
A reportable offender’s DNA profile obtained under this Division may be dealt with under the Criminal Investigation (Identifying People) Act 2002 section 68B.
25.Sections 43A and 43B inserted
At the end of Part 3 Division 3 insert:
If a reportable offender is required to report to the Commissioner under this Part, the Interpretation Act 1984 section 61(e) and (h) do not apply to extend the time by which the report must be made.
The powers that a police officer may exercise under this Division are in addition to, and do not limit, the powers that a police officer has under this Act or any other law.
In section 45:
(a)delete “reportable offender —” and insert:
latest of the following occurs —
(b)delete paragraph (a) and insert:
(a)the reportable offender is sentenced for the offence;
(c)in paragraph (b) before “ceases” insert:
the reportable offender
(d)in paragraph (b) delete “offence,” and insert:
offence;
(e)after paragraph (b) insert:
(c)a reporting order is made in respect of the offence.
(f)delete “whichever is the later.”.
(1)After section 46(2)(a) insert:
(aa)has only ever been found guilty of 2 Class 2 offences; or
(2)Delete section 46(4).
(1)Delete section 61(1).
(2)Delete section 61(2) and insert:
(2)The Commissioner may approve a suspension of a reportable offender’s reporting obligations.
(2A)The Commissioner may approve the suspension only if the Commissioner is satisfied that the reportable offender does not pose a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(1)In section 62(1)(a) delete “an offender reporting order, a past offender reporting order” and insert:
a reporting order
(2)In section 62(2):
(a)in paragraph (b)(i) delete “offender reporting order, past offender reporting order” and insert:
reporting order
(b)in paragraph (b)(ii) delete “an offender reporting order or past offender reporting order —” and insert:
a reporting order —
(3)In section 62(3) delete “an offender reporting order, past offender reporting order” and insert:
a reporting order
In section 63(1):
(a) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
(b)delete the Summary conviction penalty and insert:
Summary conviction penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
In section 64 delete the Summary conviction penalty and insert:
Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.
(a)In section 67(2) delete “section” and insert:
section, as the case requires,
(b)In section 67(2)(a) delete “offence; or” and insert:
offence or is made subject to a reporting order; or
(1)In section 80C(1) delete the Penalty and insert:
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
(2)In section 80C(2) delete the Penalty and insert:
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
(1)Delete section 81(1) to (4) and insert:
(1)The Commissioner may authorise a person or class of persons to access the Register, or any part of the Register, for the administration of this Act.
(2)The Commissioner must ensure that the Register, or any part of the Register, is only accessed by a person who is authorised to access the Register under —
(a)subsection (1); or
(b)another enactment.
(2)Delete section 81(6).
(1)Before section 82(1) insert:
(1A)In this section —
agency official means any of the following —
(a)a person appointed or employed under a written law or a law of the Commonwealth, another State or a Territory;
(b)the chief executive officer of an agency, as defined in the Public Sector Management Act 1994 section 3(1), or a person employed in that agency;
(c)an Agency Head, as defined in the Public Service Act 1999 (Commonwealth) section 7, or an APS employee of the Agency Head’s Agency as defined in that section of that Act;
(d)the chief executive officer, however designated, of a department of a Territory or another State or a person employed in that department;
APS employee has the meaning given in the Public Service Act 1999 (Commonwealth) section 7.
(2)In section 82(1):
(a)delete “must not, directly or indirectly, record, disclose, or make use of” and insert:
commits a crime if the person discloses
(b)in paragraph (c) after “purpose of” insert:
an investigation or
(c)in paragraph (c) delete “Act; or” and insert:
Act or another written law; or
(d)after paragraph (c) insert:
(ca)in making a disclosure to a police officer for law enforcement purposes; or
(cb)in making a disclosure to a prescribed agency official or class of agency official for any of the following purposes —
(i)law enforcement;
(ii)the protection and welfare of children;
(iii)the assessment and management of reportable offenders;
or
(cd)if the disclosure is by the Commissioner and the Commissioner considers the disclosure is in the public interest; or
(e)in paragraph (da) delete “order; or” and insert:
order or reporting order; or
(3)In section 82(1) in the Penalty:
(a)delete “Penalty:” and insert:
Penalty for this subsection:
(b)in paragraph (a) delete “recording, disclosing or making use of” and insert:
disclosing
(c)in paragraph (a) delete “recording, disclosure or use” and insert:
disclosure
(d)in paragraph (a) delete “a fine of $60 000 and imprisonment for 10 years;” and insert:
imprisonment for 10 years and a fine of $120 000;
(e)in paragraph (b) delete “recording, disclosing or making use of” and insert:
disclosing
(f)in paragraph (b) delete “recording, disclosure or use” and insert:
disclosure
(g)in paragraph (b) delete “a fine of $30 000 and imprisonment for 5 years;” and insert:
imprisonment for 5 years and a fine of $60 000;
(h)delete paragraph (c) and insert:
(c)in any other case —
(i)for a summary conviction — imprisonment for 2 years and a fine of $24 000;
(ii)otherwise — imprisonment for 3 years and a fine of $36 000.
(4)Delete section 82(2).
After section 82 insert:
82A.Delegation by Commissioner
The Commissioner may delegate under section 110 a power of the Commissioner under section 82(1)(cd) only to —
(a)a police officer of, or acting in, the rank of inspector or a higher rank; or
(b)a person employed in a prescribed position in the department of the Public Service principally assisting the Minister in the administration of this Act.
In section 85A insert in alphabetical order:
photograph includes a digital image;
In section 85B delete “Commissioner under Division 2 only to a police officer who holds or is acting in the office of Deputy Commissioner or Assistant Commissioner.” and insert:
Commissioner —
(a)under section 85J only to a police officer of, or acting in, the rank of inspector or a higher rank; or
(b)under Division 2 (other than section 85J) only to a police officer who holds or is acting in the office of Deputy Commissioner or Assistant Commissioner.
(1)In section 85G(1) delete the definition of photograph.
(2)Delete section 85G(2)(c) and insert:
(c)if —
(i)the person has been found guilty of an offence punishable by imprisonment for 5 years or more; and
(ii)the publication is authorised by the Minister under section 85GB.
(3)Delete section 85G(5) to (8).
40.Sections 85GA and 85GB inserted
After section 85G insert:
85GA.Notice to give address and photograph to Commissioner
(1)This section applies if —
(a)the Commissioner proposes to publish the photograph and locality of a person under section 85G(2) and the person is not a reportable offender; or
(b)the Commissioner —
(i)has published the photograph and locality of a person under section 85G(2) and the person is not a reportable offender; and
(ii)reasonably believes the person’s appearance or address has changed since their photograph or address was last given to the Commissioner.
(2)The Commissioner may, by written notice, require the person to give any of the following (the information) to the Commissioner in accordance with the notice —
(a)the address of each of the premises at which the person generally resides;
(b)if a person does not generally reside at any particular premises, the name of each of the localities in which the person can generally be found;
(c)a current photograph of the person’s head and face of a type suitable for use in an Australian passport.
(3)A notice under subsection (2) may require a person to do 1 or more of the following —
(a)to give their address and photograph by post, email or by other electronic means;
(b)to attend in person at a certain time and place to give their address to, and have their photograph taken by, an authorised person.
(4)A person given written notice under subsection (2) must comply with the requirement to give the information in accordance with the notice.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
85GB.Authorisation by Minister to publish photograph and locality in relation to certain offences
(1)On application from the Commissioner, the Minister may authorise the publication under section 85G(2)(c)(ii) of a photograph and locality of a person referred to in section 85G(2)(c)(i) if satisfied that the person poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(2)An authorisation cannot be for a period greater than 5 years.
(3)For the purposes of subsection (1), it is not necessary that the Minister is able to identify a risk to a particular person or particular persons or a particular class of persons.
(4)In determining whether to authorise publication under subsection (1), the Minister may take into account the following —
(a)any medical, psychiatric, psychological or other assessment relating to the person;
(b)any information indicating whether or not the person is likely to commit a prescribed offence, as defined in section 85G(1), in the future;
(c)whether or not there is any pattern of offending behaviour on the part of the person;
(d)the person’s antecedents and the seriousness of the person’s total criminal record;
(e)the person’s age and the age of any victims of any offences committed by the person at the time those offences were committed;
(f)the difference in age between the person and any victims of those offences;
(g)any other matter the Minister considers relevant.
(5)The Commissioner must provide with an application under subsection (1) any information available to the Commissioner that is relevant to the Minister’s determination whether to authorise publication.
(6)The fact that an offence in respect of which a person has been found guilty becomes spent does not affect the consideration of the offence as part of the person’s total criminal record for the purposes of subsection (4)(d).
(7)The Minister may —
(a)revoke an authorisation; or
(b)make further authorisations, each of no more than 5 years in duration, in respect of a person for whom an authorisation has previously been made.
After section 85H(3) insert:
(4)The Commissioner must, as soon as is practicable, remove a photograph and locality of a person from the website on which they are published if —
(a)the Commissioner has published the photograph and the locality of the person under section 85G(2)(c); and
(b)the authorisation in relation to the person is revoked under section 85GB(7)(a) or expires.
(1)In section 85J(3):
(a)delete “regular unsupervised” and insert:
had reportable
(b)delete “guardian.” and insert:
guardian in the period of 12 months before the day on which the application is made.
(2)Delete section 85J(4).
(3)In section 85J(5):
(a)delete “regular unsupervised” and insert:
had reportable
(b)delete “guardian,” and insert:
guardian in the period of 12 months before the day on which the application is made,
Note: The heading to amended section 85J is to read:
Commissioner may inform child’s parent or guardian whether specified person is reportable offender
(1)In section 85K(2):
(a)delete “the Commissioner determines” and insert:
the Commissioner or a delegate under section 85B determines
(b)delete “liability attaches to the Commissioner” and insert:
liability attaches to the Commissioner, a delegate under section 85B, the Minister
(2)In section 85K(3) delete “the Commissioner” and insert:
the Commissioner or a delegate under section 85B
(1)In section 85L(4) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
(2)In section 85L(6) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
In section 85M(2) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
(1)In section 94B(5) delete the Penalty and insert:
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
(2)In section 94B(7) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
(1)In section 94C(1) delete the definitions of computer and senior police officer.
(2)In section 94C(1) in the definition of generally resides delete “section 29A(1);” and insert:
section 29A(1).
(3)In section 94C(3)(a) and (b) delete “computer” and insert:
electronic device
(4)In section 94C(4):
(a)in paragraph (a) delete “a computer; or” and insert
an electronic device; or
(b)in paragraph (b) delete “a computer.” and insert:
or accessed through an electronic device.
(5)In section 94C(4) delete the Penalty and insert:
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
(6)Delete section 94C(5) and insert:
(5)If a person is found guilty of an offence in relation to an electronic device under 1 or more of the following provisions, the electronic device is forfeited to the State —
(a)under section 101(1) in relation to conduct of the kind referred to in subsection (2) of this section;
(b)under subsection (4).
(7)In section 94C(6) delete “a computer” and insert:
an electronic device
Note: The heading to amended section 94C is to read:
Authorised police officers may enter premises to inspect electronic devices
(1)In section 101(1) in the Penalty delete “Penalty:” and insert:
Penalty for this subsection:
(2)In section 101(1) delete the Summary conviction penalty and insert:
Summary conviction penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
In section 106(1) delete the Penalty and insert:
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
After section 108 insert:
Part 5B — Power to enter and search premises and vehicles in relation to serious reportable offenders
108A.Serious reportable offenders
(1)For the purposes of this Part, a reportable offender is a serious reportable offender if —
(a)the offender’s reporting period has not ended; and
(b)the offender’s reporting obligations are not suspended under section 44, 53 or 61; and
(c)the offender has been sentenced for any of the following —
(i)a single Class 1 offence;
(ii)a single Class 2 offence against The Criminal Code section 204A, 204B(2), 204B(3), 217, 218, 219, 220, 320(6), 321(6) or 322(6);
(iii)a single 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 subparagraph (ii);
(iv)a single prescribed offence under a law of a foreign jurisdiction, the elements of which are similar to an offence of a kind referred to in subparagraph (ii);
(v)2 or more reportable offences.
(2)For the purposes of subsection (1)(c)(v), 2 or more offences arising from the same incident are to be treated as a single offence.
108B.Restriction on exercise of powers under Part
A power under this Part must not be exercised unless it is exercised —
(a)for the purpose of monitoring a serious reportable offender’s compliance with this Act; and
(b)with the written approval of a police officer of, or acting in, the rank of an inspector or a higher rank.
108C.Additional police powers in relation to serious reportable offenders may be exercised without warrant
The powers that a police officer may exercise under this Part —
(a)are in addition to, and do not limit, the powers that a police officer has under this Act or any other law; and
(b)may be exercised by a police officer without a warrant.
108D.Use of force when exercising powers under this Part
(1)When exercising a power under this Part, a police officer may use any force against any person or thing that it is reasonably necessary to use in the circumstances —
(a)to exercise the power; and
(b)to overcome any resistance to exercising the power that is offered, or that the person exercising the power suspects on reasonable grounds will be offered, by any person.
(2)If under subsection (1) a police officer uses force, the force may be of a kind that causes damage to the property of another person.
(3)Any use of force under subsection (1) against a person is subject to The Criminal Code Chapter XXVI.
108E.Entry to and search of premises and vehicles in relation to serious reportable offenders
(1)A police officer may exercise 1 or more of the following powers if the officer reasonably suspects premises are occupied by, or under the management or control of, a serious reportable offender —
(a)enter and search the premises, including entering and searching a vehicle at the premises;
(b)enter and search a vehicle occupied by, or under the management or control of, a serious reportable offender if the vehicle is parked in the neighbourhood where the premises are located.
(2)A police officer who enters or searches the premises or the vehicle may do 1 or more of the following —
(a)inspect any electronic device that is at the premises or in the vehicle;
(b)seize any electronic device at the premises or in the vehicle and remove it from the premises or vehicle for the purpose of inspecting it;
(c)require that the serious reportable offender must remain at the premises or near the vehicle for the duration of the entry and search of the premises or vehicle.
(3)If a requirement is made under subsection (2)(c) to a serious reportable offender, the offender must remain at the premises or near the vehicle for the duration of the entry and search of the premises or vehicle.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
(4)The power given to search premises or a vehicle includes the power to break open —
(a)any part of the premises or vehicle; or
(b)any thing at the premises or in the vehicle.
(5)If required by a police officer inspecting or seizing an electronic device under subsection (2), a serious reportable offender must do 1 or more of the following as required by the police officer —
(a)provide the officer with any user name, code, password or other information known to the offender that is needed to gain access to the electronic data —
(i)that is stored in the electronic device; or
(ii)that is accessed through the electronic device;
(b)otherwise assist the officer to gain access to the electronic data referred to in paragraph (a).
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
Example for this subsection:
For the purposes of paragraph (a)(ii) — electronic data stored on cloud storage.
(6)A police officer is authorised to use for the purposes of this Part any user name, code, password or other information provided under subsection (5) or reported under Part 3 by a serious reportable offender.
(7)If a person is found guilty of an offence under subsection (5) in relation to an electronic device, the electronic device is forfeited to the State.
108F.Power to seize things relevant to offences
(1)In this section —
thing relevant to an offence has the meaning given in the Criminal Investigation Act 2006 section 5.
(2)If a police officer doing a search under this Part finds a thing relevant to an offence, the police officer may seize it if the police officer has 1 or more of the reasonable suspicions set out in the Criminal Investigation Act 2006 section 146.
(3)The Criminal Investigation Act 2006 sections 147 to 152 apply to and in respect of the seizing of a thing under this Part as if it were the seizing under that Act of a thing relevant to an offence.
After section 109 insert:
109A.Assistance when exercising powers
(1)A police officer or authorised person may authorise as many other persons to assist in the exercise of their powers under this Act as are reasonably necessary in the circumstances.
(2)A person authorised under subsection (1) may assist the police officer or the authorised person, as the case requires, to exercise the powers.
Delete section 110(1) and insert:
(1)The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to —
(a)in relation to a power or duty under section 82(1)(cd) — a person as set out in section 82A; or
(b)in relation to a power or duty under Part 5A Division 2 — a person as set out in section 85B; or
(c)in any other case —
(i)a police officer who is specified, or of a class specified, in the delegation; or
(ii)a person employed under the Public Sector Management Act 1994 Part 3 who is specified, or of a class specified, in the delegation.
In section 113(2) delete “under this Act,” and insert:
under this Act or another written law,
54.Part 7 heading and Part 7 Division 1 heading inserted
After section 115 insert:
Part 7 — Transitional matters and consequential amendment
Division 1 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2008
55.Part 7 Division 2 heading inserted
After section 115A insert:
Division 2 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act (No. 2) 2012 and consequential amendment
After section 116 insert:
Division 3 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2024
117.Interpretation Act 1984 not affected
This Part is in addition to the provisions of the Interpretation Act 1984 and does not limit or otherwise affect the operation of those provisions.
(1)In this section —
publication day, for regulations made under subsection (2), means the day on which those regulations are published on the WA legislation website;
specified means specified or described in regulations made under subsection (2);
transitional matter —
(a)means a matter that needs to be dealt with for the purpose of effecting the transition required because of the enactment of the Community Protection (Offender Reporting) Amendment Act 2024; and
(b)includes a saving or application matter.
(2)If there is no sufficient provision in this Division for dealing with a transitional matter, the Governor may make regulations prescribing matters —
(a)required to be prescribed for the purpose of dealing with the transitional matter; or
(b)necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.
(3)Regulations made under subsection (2) may provide that specified provisions of the Community Protection (Offender Reporting) Amendment Act 2024 —
(a)do not apply to or in relation to a specified matter; or
(b)apply with specified modifications to or in relation to a specified matter.
(4)If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than the day on which the relevant provision of Community Protection (Offender Reporting) Amendment Act 2024 came into operation, the regulations have effect according to their terms.
(5)If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as to —
(a)affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day for those regulations; or
(b)impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day for those regulations.
Subdivision 2 — Stage 1 transitional provisions
119.Term used: commencement day
In this Subdivision —
commencement day means the day on which the Community Protection (Offender Reporting) Amendment Act 2024 section 3 comes into operation.
120.Notifying reporting obligations and reporting periods before commencement day
(1)Section 67 does not apply in relation to a reportable offender if the Commissioner gives the offender written notice of the following before commencement day —
(a)the reporting obligations the offender will have under this Act as in force on commencement day; and
(b)the reporting period the offender will have under this Act as in force on commencement day; and
(c)the consequences that may arise if the offender fails to comply with those obligations under this Act as in force on commencement day.
(2)However, section 67 applies in relation to a reportable offender who has been given notice under subsection (1) if any of the following occurs on or after commencement day —
(a)the offender is sentenced for a reportable offence or is made subject to a reporting order;
(b)the offender is released from government custody (whether or not the offender was in government custody for a reportable offence);
(c)the offender enters Western Australia, if the offender has not previously been given notice of the offender’s reporting obligations in Western Australia;
(d)the offender becomes a corresponding reportable offender, if the offender is in Western Australia at that time.
(3)Section 69 does not apply in relation to changes to a reportable offender’s reporting period on commencement day if the Commissioner gives the offender written notice before commencement day of the changed reporting period that the offender will have under this Act as in force on commencement day.
121.Reporting period and reporting obligations in relation to person who was reportable offender or committed offence before commencement day
(1)A reporting period under this Act applies in relation to a person who is a reportable offender even if the person was a reportable offender before commencement day.
(2)A reference in section 46 to an offence includes a reference to an offence committed before commencement day.
(3)A reporting obligation under this Act applies in relation to a person who is a reportable offender for the remainder of the person’s reporting period even if the person was a reportable offender before commencement day.
(4)Section 29 (including any references in that section to section 26) of this Act as in force immediately before commencement day continues to apply to a reportable offender until the offender makes a report (an updated report) under any of the following provisions of the details listed in section 26(1) as in force on commencement day —
(a)section 24;
(b)section 25;
(c)section 28.
(5)Reporting obligations under sections 29 and 33A do not apply to a reportable offender until the offender makes an updated report.
(6)Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 63 in relation to a failure to comply with a reporting obligation under this Act as in force immediately before commencement day.
(7)Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 64 in relation to purported compliance with Part 3 under this Act as in force immediately before commencement day.
122.Reporting period in relation to reportable offender in immigration detention before commencement day
(1)This section applies to a reportable offender who was in immigration detention for a period beginning before commencement day.
(2)Any period for which the offender was in immigration detention before commencement day while they were a reportable offender must not be taken to extend the offender’s reporting period under section 44(2) as if that period of immigration detention were a period in which the offender was in government custody.
(3)Part 3 Division 1 does not apply to the offender in relation to the offender ceasing to be in that immigration detention on or after commencement day if the offender has made an initial report under Part 3 Division 1 before commencement day.
(4)Section 45(b) does not apply to the offender if the offender is released from the immigration detention on or after commencement day.
(5)A reference to government custody in Part 3 Division 6 in relation to the offender is taken to include a reference to any period for which the offender was in immigration detention before commencement day while they were a reportable offender.
(6)Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 63 in relation to a failure to comply with a reporting obligation under this Act as in force immediately before commencement day during a period while the person was in the immigration detention before commencement day.
(7)Despite The Criminal Code section 11, a person may be prosecuted and punished for an offence committed against section 64 in relation to purported compliance with Part 3 under this Act as in force immediately before commencement day during a period while the person was in the immigration detention before commencement day.
123.References to personal details of reportable offenders before commencement day
(1)In section 85F a reference to section 26(1) or 26(1)(e) is taken to include a reference to that provision under this Act as in force immediately before commencement day in relation to a person who was a reportable offender before commencement day.
(2)In sections 85F, 85I, 85L and 85M a reference to personal details is taken to include a reference to personal details under this Act as in force immediately before commencement day in relation to a person who was a reportable offender before commencement day.
124.Application to person not sentenced before commencement day
This Act applies to an offender including in relation to an offender sentenced on or after commencement day even if the offender committed or was found guilty of an offence before commencement day.
125.Application of powers in relation to person who was reportable offender, or in relation to offence committed, before commencement day
(1)A power under this Act that may be exercised in relation to a reportable offender may be exercised in relation to that offender even if they were a reportable offender before commencement day.
(2)A reference in Part 5A and 5B to an offence includes a reference to an offence committed before commencement day.
126.Minister may revoke authorisations to publish photograph and locality given before commencement day
(1)This section applies if the Minister authorised the publication of a photograph and locality of a person under section 85G(2)(c) of this Act as in force immediately before commencement day.
(2)Subject to subsection (3), the authorisation continues in force on and after commencement day.
(3)The Minister may revoke the authorisation.
(4)A revocation under subsection (3) is taken to be a revocation under section 85GB(7)(a).
In Schedule 1 delete the entries relating to the Crimes Act 1914 of the Commonwealth sections 50BA and 50BB.
In Schedule 2 delete:
(a)the entries relating to the Crimes Act 1914 of the Commonwealth sections 50BC, 50BD, 50DA and 50DB;
(b)the entry relating to the Customs Act 1901 of the Commonwealth section 233BAB.
59.Various references to “prescribed by the regulations” amended
In the provisions listed in the Table delete “prescribed by the regulations” (each occurrence) and insert:
prescribed
Table
|
s. 3 def. of corresponding Act paragraph (b) |
s. 3 def. of corresponding offender reporting order |
|
s. 3 def. of sentence |
s. 3 def. of supervising authority |
|
s. 6(4) |
s. 7(b)(ii) |
|
s. 8 |
s. 10(c) |
|
s. 11(c) |
s. 27(2) |
|
s. 43(1) |
s. 70(3) |
|
s. 82(1)(e) |
s. 85 def. of corresponding protection order |
|
s. 93(5) |
|
Note: The heading to section 19 is to read:
Court may make past offender reporting orders
Division 2 — Consequential amendments to other Acts
Subdivision 1 — Criminal Investigation (Identifying People) Act 2002 amended
This Subdivision amends the Criminal Investigation (Identifying People) Act 2002.
Delete section 53 and insert:
This Part applies if under another provision of this Act, or the Community Protection (Offender Reporting) Act 2004, an identifying procedure must be done in accordance with this Part.
After section 68A insert:
68B.Identifying information of reportable offenders
(1)In this section —
reportable offender has the meaning given in the Community Protection (Offender Reporting) Act 2004 section 6.
(2)Identifying information of a person who is or was a reportable offender obtained under Community Protection (Offender Reporting) Act 2004 section 40A or 41(2)(c) —
(a)may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and
(b)may be put in a forensic database as soon as it is obtained; and
(c)may be used to obtain any identifying particular of the offender; and
(d)must be destroyed if the person —
(i)is not a serious offender as defined in section 52A; and
(ii)ceases to be a reportable offender under the Community Protection (Offender Reporting) Act 2004 section 6(6)(a) or (b); and
(iii)requested the destruction, or destruction is requested on behalf of the person, under section 69.
Subdivision 2 — Criminal Organisations Control Act 2012 amended
This Subdivision amends the Criminal Organisations Control Act 2012.
(1)In section 98(1) in the definition of prohibition order delete “prohibition” and insert:
protection
(2)In section 98(2) and (3) delete “prohibition order” (each occurrence) and insert:
protection order
Subdivision 3 — Sentencing Act 1995 amended
This Subdivision amends the Sentencing Act 1995.
After section 8(3B) insert:
(3C)The following are not mitigating factors —
(a)the fact that the offender is or will be a reportable offender under the Community Protection (Offender Reporting) Act 2004;
(b)the consequences for the offender of being a reportable offender under the Community Protection (Offender Reporting) Act 2004.
Part 3 — Stage 2 amendments — juvenile offenders
Division 1 — Community Protection (Offender Reporting) Act 2004 amended
This Division amends the Community Protection (Offender Reporting) Act 2004.
(1)In section 3 insert in alphabetical order:
corresponding juvenile offender exemption order means an order of a prescribed class of court orders that —
(a)are made under a corresponding Act; and
(b)exempt an offender from being a reportable offender (however described) under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender non‑registration order means an order of a prescribed class of court orders that —
(a)are made under a corresponding Act; and
(b)have the effect of not subjecting an offender to requirements for the offender to report under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender reporting order means an order of a prescribed class of court orders that —
(a)are made under a corresponding Act; and
(b)have the effect of requiring an offender to report under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile scheme jurisdiction means a foreign jurisdiction that has a corresponding Act in force under which any of the following may be made —
(a)a corresponding juvenile offender reporting order;
(b)a corresponding juvenile offender non‑registration order;
juvenile offender exemption order means an order made under section 14E or 14F;
juvenile offender reporting order means an order made under section 14B;
(2)In section 3 in the definition of past offender reporting order delete “19 or 20A;” and insert:
15A or 15B;
(3)In section 3 in the definition of reporting order after paragraph (b) insert:
(c)a juvenile offender reporting order;
(d)a corresponding juvenile offender reporting order;
(1)In section 6(6):
(a)in paragraph (b) delete “appeal.” and insert:
appeal; or
(b)after paragraph (b) insert:
(c)the person is a reportable offender only because the person is subject to a juvenile offender reporting order, or corresponding juvenile offender reporting order, and that order is —
(i)quashed on appeal; or
(ii)revoked;
or
(d)the person is a reportable offender only because the person committed an offence when the person was a child and —
(i)a juvenile offender exemption order is made in relation to the person; or
(ii)a corresponding juvenile offender exemption order is made in relation to the person.
Note for this subsection:
For the purposes of paragraph (c)(ii) — a juvenile offender reporting order may be revoked under section 14C or 14D.
(2)In section 6(7) delete “sentence or reporting order.” and insert:
sentence, reporting order or corresponding juvenile offender non‑registration order.
Delete section 9 and insert:
9.Meaning of reportable offence
For the purposes of this Act, a reportable offence is —
(a)any of the following offences (other than an offence committed by a person when they were a child) —
(i)a Class 1 offence;
(ii)a Class 2 offence;
or
(b)if the person concerned has previously been found guilty of a Class 3 offence (whether or not committed by the person when they were a child) — another Class 3 offence (other than an offence committed by the person when they were a child); or
(c)an offence that results in the making of an offender reporting order or past offender reporting order; or
(d)a Class 1 offence or Class 2 offence committed by a person when they were a child that results in the making of a juvenile offender reporting order; or
(e)a Class 1 offence or Class 2 offence against a law of a foreign jurisdiction committed by a person when they were a child that —
(i)in relation to a foreign jurisdiction in which a corresponding juvenile offender non‑registration order may be made — does not result in the making of that order; or
(ii)in relation to a foreign jurisdiction in which a corresponding juvenile offender reporting order may be made — results in the making of that order; or
(f)a Class 1 offence or Class 2 offence against a law of a foreign jurisdiction committed by a person when they were a child that results in a finding of guilt by a court of a foreign jurisdiction (other than in a corresponding juvenile scheme jurisdiction); or
(g)if the person concerned has previously been found guilty of a Class 3 offence committed when they were a child — another Class 3 offence committed by the person when they were a child that results in the making of a juvenile offender reporting order; or
(h)if the person concerned has previously been found guilty of a Class 3 offence committed when they were a child — another Class 3 offence committed against a law of a foreign jurisdiction by the person when they were a child that —
(i)in relation to a foreign jurisdiction in which a corresponding juvenile offender non‑registration order may be made — does not result in the making of that order; or
(ii)in relation to a foreign jurisdiction in which a corresponding juvenile offender reporting order may be made — results in the making of that order; or
(i)if the person concerned has previously been found guilty of a Class 3 offence committed when they were a child — another Class 3 offence —
(i)committed against a law of a foreign jurisdiction committed by the person when they were a child; and
(ii)that results in a finding of guilt by a court of a foreign jurisdiction (other than a corresponding juvenile scheme jurisdiction).
71.Part 2 Division 1A heading inserted
Before section 13 insert:
Division 1A — Offender reporting orders
(1)Delete section 13(1)(a) and insert:
(a)a court finds a person guilty of an offence that is not —
(i)a Class 1 offence or a Class 2 offence; or
(ii)an offence referred to in section 14B(1) committed by the person when they were a child;
and
(2)Delete section 13(7C).
73.Part 2 Divisions 1B and 1C inserted
After section 14A insert:
Division 1B — Juvenile offender reporting orders
14B.Juvenile offender reporting orders
(1)This section applies if a court finds an offender guilty of any of the following offences committed when the offender was a child —
(a)a Class 1 offence;
(b)a Class 2 offence;
(c)if the offender concerned has previously been found guilty of a Class 3 offence — another Class 3 offence.
(2)The court must consider making an order under subsection (3) at the time the offender is sentenced for the offence.
(3)The court may make an order that the offender comply with the reporting obligations of this Act if the court is satisfied that the offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(4)For the purposes of subsection (3), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons.
(5)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 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 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.
(6)The court may make the order in relation to an offence —
(a)at the time the person is sentenced for the offence; or
(b)at a later time if more time is necessary to enable the information referred to in subsection (5) to be presented to the court.
(7)The court may make an order under subsection (3) on application from the prosecution or on the court’s own initiative.
(8)Despite subsection (7), if the court does not consider making an order under subsection (3), an application for the order may be made to the court by the prosecution or the Commissioner within the period of 6 months after the day on which the person is sentenced for the offence.
(9)For the purposes of an application made under subsection (8), the reference in subsection (5)(b) to the prosecution is taken to include a reference to the Commissioner.
(10)The court cannot make an order under subsection (3) in relation to a person merely because the person as a child committed a single offence (including an offence under a law of a foreign jurisdiction) that falls within a class of offences that are prescribed under section 6(4).
14C.Revoking juvenile offender reporting orders
(1)This section applies if —
(a)a juvenile offender reporting order applies to a reportable offender; and
(b)the offender has been subject to the reporting obligations under this Act for at least half of the offender’s reporting period.
(2)The offender may apply to the Children’s Court for an order to revoke the juvenile offender reporting order.
(3)The offender cannot make an application under subsection (2) if an application previously made by the offender under subsection (2) has been disposed of under section 18(a) or (b).
(4)The court may revoke a juvenile offender reporting order if the court is satisfied that the offender does not pose a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(5)For the purposes of subsection (4), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons to find that an offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(6)In deciding whether to revoke the juvenile offender reporting order, the court may take into account —
(a)the matters that were taken into account under section 14B(5) in relation to the making of the order; and
(b)any other matter the court considers relevant.
(7)For the purposes of subsection (1)(b), section 44(2) does not apply to extend the length of an offender’s reporting period.
(8)For the purposes of subsection (1)(b), time for which an offender has been subject to reporting obligations must be calculated by —
(a)including a period of suspension under section 61; but
(b)excluding a period of suspension under section 44(1)(a).
On application under section 14C(2), the Children’s Court may order that a juvenile offender reporting order is revoked without being subject to section 14C(4) to (6), if the offender and the Commissioner consent to revoking the order.
Division 1C — Juvenile offender exemption orders
14E.Juvenile offender exemption orders
(1)This section applies if —
(a)an offender is a reportable offender only because the offender committed an offence when the offender was a child; and
(b)the offender was sentenced for the offence before the day (the stage 2 commencement day) on which the Community Protection (Offender Reporting) Amendment Act 2024 section 67 comes into operation.
(2)The offender may apply to the Children’s Court for an order to exempt the offender from being a reportable offender —
(a)in relation to any reportable offence, under this Act as in force before the stage 2 commencement day, sentenced by a court in this State; but
(b)not in relation to a reportable offence, under this Act as in force before the stage 2 commencement day, sentenced by a court in a foreign jurisdiction.
Note for this subsection:
An offender may be a reportable offender in this State in relation to a sentence by a court in a foreign jurisdiction. See section 6(6)(d)(ii) in relation to corresponding juvenile offender exemption orders.
(3)The offender cannot make an application under subsection (2) if 2 applications previously made by the offender under subsection (2) have been disposed of under section 18(a) or (b).
(4)The offender cannot make an application under subsection (2) after their first application has been finally determined under section 18(b) unless the offender has been subject to the reporting obligations under this Act for at least half of the offender’s reporting period.
(5)The court may make the order if the court is satisfied that the offender does not pose a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(6)For the purposes of subsection (5), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons to find that an offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(7)In deciding whether to make the order, the court may take into account any of the following —
(a)any evidence given during proceedings for a reportable offence;
(b)any document or record (including an electronic document or record) served on the offender by the prosecution or Commissioner;
(c)any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to a reportable offence;
(d)any evidence given by a victim or the offender in 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.
(8)For the purposes of subsection (4), section 44(2) does not apply to extend the length of an offender’s reporting period.
(9)For the purposes of subsection (4), time for which an offender has been subject to reporting obligations must be calculated by —
(a)including a period of suspension under section 61; but
(b)excluding a period of suspension under section 44(1)(a).
On application under section 14E(2), the Children’s Court may make a juvenile offender exemption order without being subject to section 14E(5) to (7) if the offender and the Commissioner consent to the making of the order.
(1)In section 14 delete the definitions of:
registrar
respondent
(2)In section 14 insert in alphabetical order:
past offender has the meaning given in section 15.
In section 15(a) after “a person” insert:
(a past offender)
Note: The heading to amended section 15 is to read:
Commissioner may apply for past offender reporting orders
76.Sections 15A and 15B inserted
After section 15 insert:
15A.Court may make past offender reporting orders
(1)The court may make an order that a past offender comply with the reporting obligations of this Act if the court is satisfied that the past offender poses a risk to the lives or the sexual safety of 1 or more persons, or persons generally.
(2)For the purposes of subsection (1), it is not necessary that the court is able to identify a risk to a particular person or particular persons or a particular class of persons.
(3)In deciding whether to make an order under this section in respect of 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 document or record) served on the past offender by the prosecution or the Commissioner;
(c)any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence;
(d)the period of time since the offence was committed;
(e)the age of the past offender and the age of any victim of the offence at the time the offence was committed;
(f)the difference in age between the past offender and any victim of the offence;
(g)the seriousness of the past offender’s total criminal record;
(h)any other matter the court considers relevant.
(4)The fact that an offence in respect of which a past offender has been found guilty becomes spent does not affect the consideration of the offence as part of the past offender’s total criminal record for the purposes of subsection (3)(g).
(5)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 a reportable offence is taken to have been found guilty of, and to have been sentenced for, the offence when the order was made.
(6)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 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.
On application under section 15, a court may make an order that a past offender comply with the reporting obligations of this Act without being subject to section 15A if the applicant and the past offender consent to the making of the order.
Before section 16 insert:
Division 3 — General matters relating to reporting orders made under this Part
In this Division —
registrar means the clerk or registrar of the court to which a relevant application is made;
relevant applicant means any of the following —
(a)in relation to an application made under section 13(7A) for an offender reporting order — the Commissioner;
(b)in relation to an application made under section 14B(8) for a juvenile offender reporting order — the prosecution or the Commissioner;
(c)in relation to an application made under section 14C(2) to revoke a juvenile offender reporting order — the offender;
(d)in relation to an application made under section 14E(2) for a juvenile offender exemption order — the offender;
(e)in relation to an application made under section 15 for a past offender reporting order — the Commissioner;
Note for this definition:
A parent or guardian or certain other persons may apply on behalf of a relevant applicant who is a juvenile offender (see section 15D).
relevant application means any of the following —
(a)an application made under section 13(7A) for an offender reporting order;
(b)an application made under section 14B(8) for a juvenile offender reporting order;
(c)an application made under section 14C(2) to revoke a juvenile offender reporting order;
(d)an application made under section 14E(2) for a juvenile offender exemption order;
(e)an application made under section 15 for a past offender reporting order;
relevant court means the court to which the relevant application is made;
relevant respondent means any of the following —
(a)in relation to an application made under section 13(7A) for an offender reporting order — the offender;
(b)in relation to an application made under section 14B(8) for a juvenile offender reporting order — the offender;
(c)in relation to an application made under section 14C(2) to revoke a juvenile offender reporting order — the Commissioner;
(d)in relation to an application made under section 14E(2) for a juvenile offender exemption order — the Commissioner;
(e)in relation to an application made under section 15 for a past offender reporting order — the offender.
15D.Persons who may act on behalf of offender who is child
(1)In this section —
child welfare officer means the CEO as defined in the Children and Community Services Act 2004 section 3.
(2)An application or appeal under this Part may be made on behalf of an offender who is a child by —
(a)a parent or guardian of the offender; or
(b)a child welfare officer; or
(c)a person of a prescribed class of person acting on behalf of the offender.
(3)A document or information under this Part that is required to be served on, or notified to, an offender who is a child must also be served by the person required to serve it on —
(a)a parent or guardian of the offender; or
(b)a child welfare officer; or
(c)a person of a prescribed class of person acting on behalf of the offender.
In section 16:
(a)delete “an application for a past offender reporting order” and insert:
a relevant application
(b)delete paragraphs (b) to (d) and insert:
(b)if the offender is the relevant respondent —
(i)prepare a summons in the prescribed form; and
(ii)cause the summons to be served on the offender;
and
(c)notify the following of the hearing —
(i)the relevant applicant; and
(ii)if the Commissioner is the relevant respondent — the Commissioner.
(1)In section 17(1) and (2) after “hearing” insert:
for an order under this Part
(2)In section 17(3) delete “hearing,” and insert:
hearing for an order under this Part,
In section 18:
(a)after “The” insert:
relevant
(b)delete “of the application —” and insert:
of a relevant application —
(c)in paragraph (a) delete “a past offender reporting order; or” and insert:
the order applied for; or
(d)in paragraph (c) after “of the” insert:
relevant
81.Sections 19 and 20A deleted
Delete sections 19 and 20A.
(1)In section 20(1):
(a)after “If the” insert:
relevant
(b)delete “court —” and insert:
relevant court —
(c)in paragraph (a) after “satisfied the” insert:
relevant
(2)In section 20(2):
(a)after “If the” insert:
relevant
(b)after “and the” insert:
relevant
(c)delete “court —” and insert:
relevant court —
(3)In section 20(2)(a) before “respondent” (each occurrence) insert:
relevant
In section 21:
(a)delete “a past offender reporting order” and insert:
an order in relation to a relevant application
(b)after “absence of the” insert:
relevant
(c)after “on the” insert:
relevant
(1)Delete section 22(1) and insert:
(1)A person listed in column 3 of the Table opposite a decision in column 2 of the Table may appeal against the decision in accordance with this section.
Table
|
Item |
Decision |
Person |
|
1. |
a decision under section 13 to make an offender reporting order |
the offender
|
|
2. |
a decision under section 13 not to make an offender reporting order |
the prosecution or Commissioner |
|
3. |
a decision under section 14B to make a juvenile offender reporting order |
the offender |
|
4. |
a decision under section 14B not to make a juvenile offender reporting order |
the prosecution or Commissioner |
|
5. |
a decision under section 14C to revoke a juvenile offender reporting order |
the Commissioner |
|
6. |
a decision under section 14E to make a juvenile offender exemption order |
the Commissioner |
|
7. |
a decision under section 15A to make a past offender reporting order |
the offender |
|
8. |
a decision under section 18(b) to dismiss a relevant application |
the relevant applicant |
(1A)If the decision was made by the Magistrates Court, the appeal is to be made to a single judge of the Supreme Court in accordance with the Criminal Appeals Act 2004 Part 2 Division 2.
(2)After section 22(4) insert:
(5)If the decision was made by the Supreme Court, the appeal is to be made to the Court of Appeal and the Court of Appeal has jurisdiction to hear and determine the appeal.
Note for this section:
Decisions under section 14B, 14C or 14E made by the Children’s Court when constituted so as not to consist of or include a judge are reviewable under the Children’s Court of Western Australia Act 1988 section 40A.
In section 26(1)(j) delete “corresponding offender reporting order” and insert:
corresponding offender reporting order, corresponding juvenile offender reporting order
Delete section 46(2)(c) and insert:
(c)is not covered by subsection (3) and has ever been found guilty of more than 1 reportable offence; or
(d)is not covered by subsection (3) and has ever been found guilty of a single reportable offence and 1 or more offences, committed by the offender when they were a child, that would have been reportable offences if —
(i)a juvenile offender reporting order was made in relation to the offences; or
(ii)a corresponding juvenile offender reporting order was made in relation to the offences; or
(iii)a corresponding juvenile offender non‑registration order was not made in relation to the offences.
In section 47(1) delete “offence.” and insert:
offence and who has not committed a reportable offence on or after the day on which the person turns 18 years of age.
In section 90(3)(g) before “order,” insert:
order or a juvenile offender reporting
(1)In section 110A(1) in the definition of application after paragraph (a) insert:
(aa)an application under section 14B for a juvenile offender reporting order; or
(ab)an application under section 14C for an order revoking a juvenile offender reporting order; or
(ac)an application under section 14E for a juvenile offender exemption order; or
(2)In section 110A(2):
(a)in paragraph (c) delete “application.” and insert:
application;
(b)after paragraph (c) insert:
(d)the Commissioner’s making or responding to a review or appeal against a decision to make or not make an order in relation to an application.
In section 112 delete “19,” and insert:
14B, 14C, 14E, 15A,
91.Part 7 Division 3 Subdivision 3 inserted
At the end of Part 7 Division 3 insert:
Subdivision 3 — Stage 2 transitional provisions
127.Term used: commencement day
In this Subdivision —
commencement day means the day on which the Community Protection (Offender Reporting) Amendment Act 2024 section 67 comes into operation;
128.Juvenile offender reporting orders in relation to offenders not sentenced before commencement day
(1)A pre‑commencement juvenile offence means an offence referred to in section 14B(1) —
(a)committed before commencement day when the offender was a child; but
(b)for which the offender was not sentenced before commencement day.
(2)A court sentencing an offender in relation to a pre‑commencement juvenile offence must consider making a juvenile offender reporting order in relation to the offender under section 14B(2).
(3)A juvenile offender reporting order may be made under section 14B in relation to a pre‑commencement juvenile offence.
(4)An application for a juvenile offender reporting order may be made under section 14B(7) and (8) in relation to a pre‑commencement juvenile offence.
129.Reportable offences sentenced before commencement day
A reference to a reportable offence in the following provisions includes a reference to a reportable offence under this Act as in force immediately before commencement day if the offender was sentenced for the offence before commencement day —
(a)section 6;
(b)section 14E;
(c)section 15A;
(d)section 24;
(e)section 25;
(f)section 45;
(g)section 46:
(h)section 47;
(i)section 48;
(j)section 50;
(k)section 61;
(l)section 68;
(m)section 80;
(n)section 90;
(o)section 106;
(p)section 108A;
(q)section 111.
130.Reporting period in relation to person who was reportable offender or committed offence before commencement day
(1)A reporting period under this Act applies in relation to a person who is a reportable offender even if the person was a reportable offender before commencement day.
(2)A reference in section 46 to an offence includes a reference to an offence committed before commencement day.
(3)Section 69 does not apply in relation to changes to a reportable offender’s reporting period on commencement day if the Commissioner gives the offender written notice before commencement day of the changed reporting period the offender will have under this Act as in force on commencement day.
131.Reportable offender who committed offence as child in foreign jurisdiction before commencement day
(1)In this section —
pre‑commencement offence means a reportable offence under section 9 of this Act as in force immediately before commencement day.
(2)This section applies to a person if the only offences that made the person a reportable offender are pre‑commencement offences that —
(a)were committed by the person when the person was a child in a foreign jurisdiction; and
(b)are no longer reportable offences on commencement day.
(3)The person ceases to be a reportable offender on commencement day.
132.Past offender reporting orders made before commencement day
(1)A past offender reporting order made under section 19 of this Act as in force immediately before commencement day is taken to be a past offender reporting order made under section 15A.
(2)A past offender reporting order made under section 20A of this Act as in force immediately before commencement day is taken to be a past offender reporting order made under section 15B.
133.Application to person not sentenced before commencement day
This Act applies to an offender including in relation to an offender sentenced on or after commencement day even if the offender committed or was found guilty of an offence before commencement day.
134.Application of powers in relation to person who was reportable offender before commencement day
A power under this Act that may be exercised in relation to a reportable offender may be exercised in relation to that offender even if they were a reportable offender before commencement day.
Division 2 — Consequential amendments to other Acts
Subdivision 1 — Children’s Court of Western Australia Act 1988 amended
This Subdivision amends the Children’s Court of Western Australia Act 1988.
After section 40 insert:
40A.Review by President of certain decisions under Community Protection (Offender Reporting) Act 2004
(1)In this section —
relevant decision means a decision under the Community Protection (Offender Reporting) Act 2004 section 14B, 14C or 14E.
(2)Subject to this Act, if the Court, when constituted so as not to consist of or include a judge, makes a relevant decision, the Court when constituted by the President may, of its own motion or upon an application made under subsection (3), reconsider the decision and —
(a)confirm the decision; or
(b)discharge the decision and substitute any other decision that the Court, if it had been constituted by the President, could have made.
(3)Subject to this section, an application for reconsideration of a relevant decision may be made, in accordance with the rules of court —
(a)by the offender, within 1 month after the date of the decision; or
(b)by the Commissioner of Police, within 1 month after the date of the decision; or
(c)by the prosecutor, within 1 month after the date of the decision.
(4)The Court must notify the applicant and all other parties concerned with the application of the place, date and time for the hearing of the application.
(5)Subject to subsection (6), where leave to appeal is granted under section 41 in respect of the original decision —
(a)no application under this section may subsequently be made; and
(b)any application made under this section and not finally determined when leave to appeal is granted under section 41 is taken to be withdrawn.
(6)Where an application under this section or an application for leave to appeal is withdrawn, all other parties concerned must be notified and any of the following applications may be made as if the date of the withdrawal were the date upon which the original decision was made —
(a)an application for leave to appeal;
(b)an application under this section.
(7)An appeal may be made to the Court of Appeal from any decision made by the Court under this section.
Subdivision 2 — Criminal Investigation (Identifying People) Act 2002 amended
This Subdivision amends the Criminal Investigation (Identifying People) Act 2002.
In section 68B(2)(d)(ii) delete “section 6(6)(a) or (b); and” and insert:
section 6(6)(a), (b) or (c)(i); and
Subdivision 3 — Sentencing Act 1995 amended
This Subdivision amends the Sentencing Act 1995.
After section 21(2a) insert:
(2B)A pre‑sentence report must set out matters that are relevant to the making of a juvenile offender reporting order under the Community Protection (Offender Reporting) Act 2004 section 14B in respect of the offender, if the court gives instructions for the report to include the matters.
Delete section 124A and insert:
124A.Section 123 applies to certain orders under Community Protection (Offender Reporting) Act 2004
For the purposes of section 123, the following orders made in relation to an offender are taken to be orders made under this Part —
(a)an order under the Community Protection (Offender Reporting) Act 2004 section 13 or 14A;
(b)an order under the Community Protection (Offender Reporting) Act 2004 section 14B.
Subdivision 4 — Young Offenders Act 1994 amended
This Subdivision amends the Young Offenders Act 1994.
In section 47(2) delete “relevant.” and insert:
relevant (including a report containing information relevant to the making of a juvenile offender reporting order under the Community Protection (Offender Reporting) Act 2004 section 14B).
Example for this subsection:
A psychological or psychiatric report.
Part 4 — Stage 3 amendments — reporting location
This Part amends the Community Protection (Offender Reporting) Act 2004.
102.Part 3 Division 2 Subdivision 3 inserted
At the end of Part 3 Division 2 insert:
Subdivision 3 — Reporting location on request
33E.Reportable offender to report location as required by Commissioner
(1)The Commissioner may give written notice to a reportable offender requiring the offender to report their location as at the time (the relevant time) specified in the notice.
(2)A notice under subsection (1) must specify —
(a)the date of the notice; and
(b)the period within which the report must be made.
(3)A reportable offender must report, in accordance with the regulations, their location as at the relevant time to the Commissioner within the period specified in the notice.
(4)The relevant time specified in the notice to a reportable offender —
(a)may be a time on a day before or after the day on which the notice is given, including the time when the report is to be made by the offender; but
(b)cannot be —
(i)more than 2 days before the date referred to in subsection (2)(a); and
(ii)a time after the time when the report by the offender is made.
33F.Regulations may prescribe that notice to report location is taken to be received in certain circumstances and other matters
(1)The regulations may prescribe the following —
(a)the manner in which a notice under section 33E must be given by the Commissioner, including that the notice must be given by particular electronic means;
(b)that a notice referred to in paragraph (a) is taken to have been received by a reportable offender in certain circumstances, including that a notice sent by particular electronic means is taken to have been received in certain circumstances;
(c)the manner in which a report under section 33E must be made by a reportable offender, including that the report must be made by particular electronic means;
(d)the minimum period that may be specified in the notice for the purposes of section 33E(2)(b);
(e)how the location of a reportable offender must be specified in a report by the offender, including whether as an address, coordinates or geolocation data.
(2)Without limiting subsection (1)(a), (b) and (c), the regulations may require notices to be given, may take notices as received, or may require reports to be made by an electronic application that uses 1 or more of the following —
(a)a global positional system;
(b)photo matching.
(3)Despite subsection (1)(a), (b) and (c), the regulations must not require a notice to be given to, must not take a notice as received by, or must not require reports to be made by, a reportable offender using particular electronic means unless the offender has an electronic device capable of —
(a)receiving the notice using the particular electronic means; and
(b)reporting using the particular electronic means.
(4)If the regulations require a reportable offender to be sent a notice by, to be taken as receiving a notice by, or to report by, particular electronic means, the regulations may also prescribe the following —
(a)the steps a reportable offender must take to ensure they are able to receive and respond to the notice;
(b)the time at which the notice is taken to have been received by a reportable offender;
(c)the time at which a reportable offender is taken to have made a report under section 33E.
(5)This section is in addition to, and does not limit, section 114.
103.Part 7 Division 3 Subdivision 4 inserted
At the end of Part 7 Division 3 insert:
Subdivision 4 — Stage 3 transitional provisions
135.Term used: commencement day
In this Subdivision —
commencement day means the day on which the Community Protection (Offender Reporting) Amendment Act 2024 section 101 comes into operation;
136.Notifying reporting obligations before commencement day
(1)Section 67 does not apply in relation to a reportable offender if the Commissioner gives the offender written notice of the following before commencement day —
(a)the reporting obligations under Part 3 Division 2 Subdivision 3 the offender will have under this Act as in force on commencement day;
(b)the consequences that may arise if the offender fails to comply with those obligations under this Act as in force on commencement day.
(2)However, section 67 applies in relation to a reportable offender who has been given notice under subsection (1) if any of the following occurs on or after commencement day —
(a)the offender is sentenced for a reportable offence or is made subject to a reporting order;
(b)the offender is released from government custody (whether or not the offender was in government custody for a reportable offence);
(c)the offender enters Western Australia, if the offender has not previously been given notice of the offender’s reporting obligations in Western Australia;
(d)the offender becomes a corresponding reportable offender, if the offender is in Western Australia at that time.
137.Reporting obligations in relation to person who was reportable offender before commencement day
A reporting obligation under Part 3 Division 2 Subdivision 3 applies to a person who is a reportable offender for the remainder of the person’s reporting period even if the person was a reportable offender before commencement day.
138.Application to person not sentenced before commencement day
This Act applies to an offender including in relation to an offender sentenced on or after commencement day even if the offender committed or was found guilty of an offence before commencement day.
139.Application of powers in relation to person who was reportable offender before commencement day
A power under this Act that may be exercised in relation to a reportable offender may be exercised in relation to that offender even if they were a reportable offender before commencement day.
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer