Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2025 00-00-00 Xml

Western Australia

Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2025

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulations 5A to 5C inserted1

5A.Corresponding juvenile offender exemption orders (s. 3)1

5B.Corresponding juvenile offender non‑registration orders (s. 3)2

5C.Corresponding juvenile offender reporting orders (s. 3)2

5.Regulation 6 replaced3

6.Corresponding offender reporting orders (s. 3)3

6.Regulation 14AA inserted4

14AA.Photographs to be included in report made electronically4

7.Schedule 1 Form 1 amended7

Community Protection (Offender Reporting) Act 2004

Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2025.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 31 December 2025.

3.Regulations amended

These regulations amend the Community Protection (Offender Reporting) Regulations 2004.

4.Regulations 5A to 5C inserted

After regulation 5 insert:

5A.Corresponding juvenile offender exemption orders (s. 3)

An order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 122C(10) is a corresponding juvenile offender exemption order for the purposes of the definition of that term in section 3 of the Act.

5B.Corresponding juvenile offender non‑registration orders (s. 3)

Each of the following is a corresponding juvenile offender non‑registration order for the purposes of the definition of that term in section 3 of the Act —

(a)an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) (as in force from time to time before 29 September 2025) and continued under Schedule 2 clause 33(1) of that Act;

(b)a decision made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 9(3) that results in the person not being a registrable offender under that Act.

5C.Corresponding juvenile offender reporting orders (s. 3)

(1)Each of the following is a corresponding juvenile offender reporting order for the purposes of the definition of that term in section 3 of the Act —

(a)an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;

(b)an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13(2) in relation to a Class 1 offence or Class 2 offence;

(c)an order made under the Sex Offenders Registration Act 2004 (Vic) section 11(2) in relation to a Class 1 offence or Class 2 offence;

(d)an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;

(e)an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.

(2)A reference in subregulation (1) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.

5.Regulation 6 replaced

Delete regulation 6 and insert:

6.Corresponding offender reporting orders (s. 3)

(1)Subject to subregulation (2), each of the following is a corresponding offender reporting order for the purposes of the definition of that term in section 3 of the Act —

(a)an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C, 3D, 3E or 3F;

(b)an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13;

(c)an order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) section 12B or 12C (including an order taken, under section 96 of that Act, to be an order made under 1 of those sections);

(d)an order made under the Sex Offenders Registration Act 2004 (Vic) section 11;

(e)an order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 15 or 18C;

(f)an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6, 7 or 9;

(g)an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9;

(h)an order made under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (NZ) section 9.

(2)An order listed in subregulation (1) is not a corresponding offender reporting order if the order is in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.

Note for this subregulation:

See regulation 5C for corresponding juvenile offender reporting orders.

(3)A reference in subregulation (2) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.

6.Regulation 14AA inserted

After regulation 14 insert:

14AA.Photographs to be included in report made electronically

(1)In this regulation —

online reporting tool has the meaning given in regulation 14A(1).

(2)This regulation applies to a reportable offender who —

(a)is permitted by the Commissioner under section 35(2)(b)(iii) of the Act to make a report (an electronic report) using the online reporting tool or by email; and

(b)makes an electronic report.

(3)The reportable offender must include or cause to be included in the electronic report a photograph of the reportable offender’s head and face that —

(a)is of a type suitable for use in an Australian passport; and

(b)is taken immediately before or at the time the electronic report is made.

Penalty for this subregulation: a fine of $6 000.

(4)If the electronic report is made under section 26(1) or 28(1) or (4) of the Act, the reportable offender must include or cause to be included in the electronic report a photograph, taken immediately before or at the time the electronic report is made, of —

(a)any tattoo or permanent distinguishing mark the reportable offender has; and

(b)if the reportable offender had a tattoo or permanent distinguishing mark that was removed before the electronic report is made — the location where the tattoo or permanent distinguishing mark previously appeared.

Penalty for this subregulation: a fine of $6 000.

(5)Subregulation (4)(b) does not apply in relation to an electronic report made by the reportable offender under section 28(1) or (4) of the Act if —

(a)the reportable offender has previously provided, under this regulation, a photograph, after the removal of the tattoo or permanent distinguishing mark, of the location where the tattoo or permanent distinguishing mark previously appeared; or

(b)a photograph was taken under section 40(1)(a) of the Act, after the removal of the tattoo or permanent distinguishing mark, of the location where the tattoo or permanent distinguishing mark previously appeared.

(6)Subregulation (7) applies if the electronic report —

(a)is made under section 29(1) of the Act; and

(b)relates to a change in the reportable offender’s personal details involving a tattoo or permanent distinguishing mark.

(7)The reportable offender must include or cause to be included in the electronic report a photograph, taken immediately before or at the time the electronic report is made, of —

(a)if the tattoo or permanent distinguishing mark has been removed — the location where the tattoo or permanent distinguishing mark previously appeared; or

(b)otherwise — the tattoo or permanent distinguishing mark.

Penalty for this subregulation: a fine of $6 000.

7.Schedule 1 Form 1 amended

In Schedule 1 Form 1 delete:

Community Protection (Offender Reporting) Act 2004 Summons Application for order		oChildren’s Court oDistrict Court
		Location
		Number
Respondent	NameDate of birth ___/___/___
	Address _______________________________________________ Postcode
	Phone no.
Order sought	The Commissioner of Police has applied to the court for the following order to be made in respect of you — ❑Past offender reporting order (s. 19 of Act) ❑Child protection order (s. 90 of Act) ❑Interim protection order (s. 92 of Act)

and insert:

Community Protection (Offender Reporting) Act 2004 Summons Application for order		oChildren’s Court oDistrict Court oMagistrates Court oSupreme Court
		Location
		Number
Respondent	NameDate of birth ___/___/___
	Address __________________________________________ Postcode
	Phone no.
Order sought (delete as appropriate)	The [Commissioner of Police] / [prosecution] has applied to the court for the following order to be made in respect of you — ❑Offender reporting order (Act s. 13(7A)) ❑Juvenile offender reporting order (Act s. 14B(8)) ❑Past offender reporting order (Act s. 15) ❑Child protection order (Act s. 87) ❑Interim protection order (Act s. 87)

K. COLLERAN, Clerk of the Executive Council

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.

By Authority: ROGER JACOBS, Acting Government Printer