Community Protection (Offender Reporting) Regulations 2004 01-d0-02 Xml

Western Australia

Community Protection (Offender Reporting) Act 2004

Community Protection (Offender Reporting) Regulations 2004

1.Citation

These regulations are the Community Protection (Offender Reporting) Regulations 2004 1.

2.Commencement

These regulations come into operation on 1 February 2005.

3.Terms used in these regulations

In these regulations —

Department of Corrective Services means the department of the Public Service principally assisting in the administration of the Prisons Act 1981;

foreign court means a court of a foreign jurisdiction;

recognised order means a corresponding prohibition order recognised under regulation 23(1);

registrar has the same meaning as it has in —

(a)the Children’s Court of Western Australia Act 1988; or

(b)the District Court of Western Australia Act 1969,

as the case requires;

relevant court, in relation to a corresponding prohibition order, means —

(a)if the order is made by a foreign court that corresponds to the Children’s Court — the Children’s Court;

(b)otherwise, the District Court.

[Regulation 3 inserted in Gazette 1 Jun 2007 p. 2525‑6.]

4.Authorised persons (s. 3)

A person is prescribed to be an authorised person for the purposes of the definition of that term in section 3 of the Act if the person is —

(a)an employee of the Police Service (other than a police officer); and

(b)authorised in writing by the Commissioner for the purposes of this regulation.

5.Corresponding Acts (s. 3)

Each of the following laws is prescribed to be a corresponding Act for the purposes of the definition of that term in section 3 of the Act —

(a)the Child Protection (Offenders Registration) Act 2000 of New South Wales;

(b)the Sex Offenders Registration Act 2004 of Victoria;

(c)the Child Protection (Offender Reporting) Act 2004 of Queensland;

(d)the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;

(e)the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

(f)the Community Protection (Offender Reporting) Act 2005 of Tasmania;

(g)the Child Sex Offenders Registration Act 2006 of South Australia;

(h)the Sexual Offences Act 2003 (United Kingdom).

[Regulation 5 amended in Gazette 8 Sep 2006 p. 3641; 22 Jun 2007 p. 2862; 28 Mar 2008 p. 914; 25 Nov 2008 p. 4990.]

6.Corresponding offender reporting orders (s. 3)

Each of the following orders is prescribed to be a corresponding offender reporting order for the purposes of the definition of that term in section 3 of the Act —

(a)a child protection registration order made under the Child Protection (Offenders Registration) Act 2000 of New South Wales section 3D;

(b)a sex offender registration order made under the Sex Offenders Registration Act 2004 of Victoria section 11;

(c)an offender reporting order made under the Child Protection (Offender Reporting) Act 2004 of Queensland Part 3;

(d)an offender reporting order made under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory section 13;

(e)a child sex offender registration order made under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory section 15;

(f)an offender reporting order made under the Community Protection (Offender Reporting) Act 2005 of Tasmania sections 6, 7 and 9;

(g)a child sex offender registration order made under the Child Sex Offenders Registration Act 2006 of South Australia section 9.

[Regulation 6 amended in Gazette 8 Sep 2006 p. 3642; 22 Jun 2007 p. 2862; 28 Mar 2008 p. 914.]

6A.Sentences (s. 3)

A pre‑sentence order made under the Sentencing Act 1995 Part 3A, in force on or after the commencement of this regulation, is prescribed to be a sentence for the purposes of the definition of that term in section 3 of the Act.

[Regulation 6A inserted in Gazette 1 Jun 2007 p. 2526.]

7.Supervising authorities (s. 3)

(1)Except as stated in subregulation (2), the chief executive officer of the Department of Corrective Services is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is —

(a)in strict government custody;

(b)in government custody;

(c)subject to a community order;

(d)subject to supervision as a condition of parole; or

(e)an existing licensee.

(2)The chief executive officer of the Department of Health is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is subject to a custody order made under the Criminal Law (Mentally Impaired Accused) Act 1996 Part 4 2 unless the offender —

(a)is detained in a prison or detention centre; or

(b)as a condition of being released under a release order, is subject to supervision by an officer of the Department of Corrective Services.

(3)In subregulation (2) —

Department of Health means the department of the Public Service principally assisting in the administration of the Health Act 1911;

detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3;

prison has the same meaning as it has in the Prisons Act 1981 section 3;

release order means an order made under the Criminal Law (Mentally Impaired Accused) Act 1996 2 section 35.

[Regulation 7 amended in Gazette 1 Jun 2007 p. 2528.]

8.Offences — relevance if committed by child (s. 6)

For the purposes of section 6(4) of the Act, the following offences are prescribed —

(a)an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 60 3;

(b)an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 101 3.

9.Foreign witness protection laws (s. 6 and 75)

For the purposes of sections 6(5) and 75(2) of the Act, the following foreign witness protection laws are specified —

(a)the Witness Protection Act 1994 of the Commonwealth;

(b)the Witness Protection Act 1995 of New South Wales;

(c)the Witness Protection Act 1991 of Victoria;

(d)the Witness Protection Act 2000 of Queensland;

(e)the Witness Protection Act 1996 of South Australia;

(f)the Witness Protection Act 2000 of Tasmania;

(g)the Witness Protection (Northern Territory) Act of the Northern Territory;

(h)the Witness Protection Act 1996 of the Australian Capital Territory.

10.Specified date for determining New South Wales reportable offenders (s. 8)

For the purposes of section 8 of the Act, 1 February 2005 is specified.

11.Class 2 offences (s. 11)

(1)For the purposes of section 11(c) of the Act, the following offences are prescribed to be Class 2 offences —

(aa)an offence under the Code Act section 271.4;

(ab)an offence under the Code Act section 271.7;

(a)an offence under the Code Act section 474.19;

(b)an offence under the Code Act section 474.20;

(c)an offence under the Code Act section 474.22;

(d)an offence under the Code Act section 474.23;

(e)an offence under the Code Act section 474.26;

(f)an offence under the Code Act section 474.27.

(1a)Subregulation (1)(aa) and (ab) have effect as if the Code Act sections 271.4(1)(c) and (2)(c) and 271.7(1)(c) were amended by deleting “or will be otherwise exploited” in each place where it occurs.

(2)In this regulation —

Code Act means the Criminal Code Act 1995 of the Commonwealth.

[Regulation 11 amended in Gazette 9 Dec 2005 p. 5887.]

12.Means of contacting authorised person for certain persons entering Western Australia (s. 27)

(1)For the purposes of section 27(2) of the Act, the following means of contacting an authorised person are prescribed —

(a)by facsimile;

(b)by email;

(c)by mail.

(2)The Commissioner is to nominate the relevant facsimile number, email address and postal address for the purposes of subregulation (1).

13.Manner of reporting change of reportable offender’s travel plans while out of Western Australia (s. 31)

For the purposes of section 31(3)(b) of the Act, the reportable offender is permitted to make a report by mail to a postal address nominated by the Commissioner.

14.Directions as to police station or approved place at which reportable offender must report (s. 34)

For the purposes of section 34(1)(c) of the Act, a direction as to the police station or approved place at which a report is to be made may be given by an approved person.

15.Form of identification for reporting in person (s. 38)

(1)For the purposes of section 38(1)(a) of the Act, the following forms of identification of, or other documents relating to, a reportable offender that are to be presented for inspection when the reportable offender or another person makes a report in person are specified —

(a)any one of the forms of identification to which subregulation (3) applies; and

(b)any one of the forms of identification or other documents to which subregulation (4) applies.

(2)For the purposes of section 38(1)(c) of the Act, the following forms of identification of, or documents relating to, a person (other than the reportable offender) that are to be presented when the person makes a report (in this regulation called the relevant report) in person are specified —

(a)any one of the forms of identification to which subregulation (3) applies; and

(b)any one of the forms of identification or other documents to which subregulation (4) applies.

(3)This subregulation applies to —

(a)a current motor driver’s licence that displays a photograph of the licence holder;

(b)a current Australian or overseas passport;

(c)an Australian naturalisation or citizenship document; and

(d)an original birth certificate or a certified copy, or certified extract, of a birth certificate.

(4)This subregulation applies to —

(a)a current signed credit or debit card, a passbook or a statement of account issued by a bank, building society or credit union;

(b)a current Medicare card;

(c)a gas, water, electricity or telephone account issued within 12 months before the relevant report is made;

(d)a notice of rates from a local government (however described) or a notice of water service charges or land valuation;

(e)a pensioner concession card, a Commonwealth seniors health card, an entitlement card issued under the Veterans’ Entitlements Act 1986 of the Commonwealth, or another entitlement card issued by the Commonwealth government or a State or Territory government;

(f)a lease or rental agreement;

(g)a motor vehicle registration notice or certificate;

(h)a renewal notice for a home building or contents, or a motor vehicle, policy of insurance;

(i)a student identity card or a certificate or statement of enrolment from an educational institution; and

(j)an electoral enrolment card or other evidence of electoral enrolment.

(5)A form of identification or other document is not valid for the purposes of subregulation (4)(d) to (j) unless it was issued or entered into, as the case requires, within 2 years before the relevant report is made.

(6)Except as stated in subregulation (3)(d), a form of identification or other document is not valid for the purposes of this regulation unless it is an original.

16.Prescribed distance — reporting by remote offenders (s. 43)

For the purposes of section 43(1) of the Act, the prescribed distance is 100 km.

17.Offences — approval by Commissioner of suspension of reporting obligations (s. 61)

For the purposes of section 61(1)(a) of the Act, the following offences are prescribed —

(a)an offence under The Criminal Code section 186;

(b)an offence under The Criminal Code section 321, but only if, when the offence was committed —

(i)the offender was under the age of 18 years; and

(ii)the child against whom the offence was committed was not under the care, supervision or authority of the offender;

(c)an offence under The Criminal Code section 321A;

(d)an offence under The Criminal Code section 323;

(e)an offence under The Criminal Code section 324, but only if the “circumstances of aggravation”, as defined in The Criminal Code section 319(1), that applied to the offence were those circumstances described in paragraph (a)(ii) or (b) of that definition;

(f)an offence under The Criminal Code section 329;

(g)an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 60 3;

(h)an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 section 101 3;

(i)an offence under the Crimes Act 1914 of the Commonwealth section 50BA;

(j)an offence under the Crimes Act 1914 of the Commonwealth section 50BC.

18.Sentences — approval by Commissioner of suspension of reporting obligations (s. 61)

For the purposes of section 61(1)(b) of the Act, the following sentences are prescribed —

(a)an exercise of power under the Sentencing Act 1995 Part 6;

(b)a conditional release order under the Sentencing Act 1995 Part 7;

(c)a fine under the Sentencing Act 1995 Part 8;

(d)a community based order under the Sentencing Act 1995 Part 9;

(e)an exercise of power under the Young Offenders Act 1994 section 66, 67, 69 or 70;

(f)a fine under the Young Offenders Act 1994 Part 7 Division 5;

(g)a youth community based order under the Young Offenders Act 1994 Part 7 Division 6.

19.Persons required to give notice of reporting obligations etc. to reportable offenders (s. 67)

For the purposes of section 67(4) of the Act, the following persons are specified —

(a)for a reportable offender who is sentenced for a reportable offence and enters government custody as a result of that sentence — an officer of the Department of Corrective Services, or other person, authorised in writing for the purposes of this paragraph by the chief executive officer of that department;

(b)for a reportable offender who is present in court when sentenced for a reportable offence in the District Court and does not enter government custody as a result of that sentence — an officer of the District Court;

(c)for a reportable offender who is not present in court when sentenced for a reportable offence in the District Court and does not enter government custody as a result of that sentence — the Commissioner;

(d)for a reportable offender who is sentenced for a reportable offence in a court other than the District Court and does not enter government custody as a result of that sentence — the Commissioner;

(e)for a reportable offender who is released from government custody (whether in government custody for a reportable offence or otherwise) — an officer of the Department of Corrective Services, or other person, authorised in writing for the purposes of this paragraph by the chief executive officer of that department;

(f)for a reportable offender who enters Western Australia, if he or she has not previously been given notice of his or her reporting obligations in Western Australia — the Commissioner;

(g)for a person who becomes a corresponding reportable offender, if he or she is in Western Australia at that time — the Commissioner.

[Regulation 19 amended in Gazette 1 Jun 2007 p. 2528.]

20.Details to be included in notice given by supervising authority to Commissioner (s. 70)

For the purposes of section 70(3) of the Act, the following details are prescribed —

(a)the name of the reportable offender;

(b)the relevant event listed in section 70(1) of the Act that has occurred;

(c)the date on which that event occurred;

(d)the name, title and signature of the supervising authority who gives the notice;

(e)the date on which the notice is given.

21.Corresponding prohibition orders (s. 85)

Each of the following orders is prescribed to be a corresponding prohibition order for the purposes of the definition of that term in section 85 of the Act —

(a)an order made under the Child Protection (Offenders Prohibition Orders) Act 2004 of New South Wales Part 2;

(b)a prohibition order made under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory Part 5;

(c)an offender prohibition order made under the Child Protection (Offender Prohibition Order) Act 2008 of Queensland Part 2, other than a temporary order made under Part 2 Division 2 of that Act;

(d)a sexual offences prevention order made under the Sexual Offences Act 2003 (United Kingdom) section 104 or 105.

[Regulation 21 amended in Gazette 14 Nov 2008 p. 4878; 25 Nov 2008 p. 4990.]

22.Application for recognition of corresponding prohibition orders (s. 108(2)(a))

(1)A police officer may, on behalf of the Commissioner, apply to the relevant court for the recognition in Western Australia of a corresponding prohibition order.

(2)An application does not need to be served on the person who is subject to the corresponding prohibition order.

[Regulation 22 inserted in Gazette 1 Jun 2007 p. 2526.]

23.Recognition of corresponding prohibition orders (s. 108(2)(b))

(1)If an application is made under regulation 22, the relevant court is to recognise the corresponding prohibition order that is the subject of the application.

(2)When the relevant court recognises a corresponding prohibition order, the registrar is to —

(a)notify —

(i)the foreign court in which the recognised order was made; and

(ii)the Commissioner; and

(iii)the person who is subject to the recognised order,

of that recognition; and

(b)cause a copy of the recognised order to be delivered to the Commissioner.

[Regulation 23 inserted in Gazette 1 Jun 2007 p. 2526‑7]

24.Effect of recognition of corresponding prohibition orders (s. 108(2)(d))

(1)A recognised order operates in Western Australia as if it were a child protection prohibition order made under Part 5 of the Act —

(a)with the terms (including as to its duration) set out in the recognised order or applying to it under the law under which it was made; and

(b)from the day on which the recognition of the recognised order was notified to the person who is subject to it,

and the provisions of the Act apply to the recognised order as if it were a child protection prohibition order.

(2)Without limiting subregulation (1), for the purposes of applying Part 5 of the Act to a recognised order —

(a)a reference in that Part to varying a child protection prohibition order is to be read as a reference to making an order varying the operation in Western Australia of the recognised order; and

(b)a reference in that Part to revoking a child protection prohibition order is to be read as a reference to making an order revoking the recognition of the recognised order.

(3)In proceedings for failing to comply, in Western Australia, with a recognised order, no proof is required of —

(a)the making of the recognised order or a variation of it that operates under regulation 25; or

(b)the service of such an order or variation on the person who is subject to the order.

[Regulation 24 inserted in Gazette 1 Jun 2007 p. 2527.]

25.Variation or revocation of recognised order in a foreign jurisdiction

(1)If —

(a)a recognised order is varied by a foreign court of the foreign jurisdiction in which the order was made; and

(b)notice of the variation is given to the registrar of the relevant court by an officer of the foreign court,

the variation operates in Western Australia as if the recognised order, as varied, was recognised under regulation 23 on the day on which the registrar received notice of the variation.

(2)If —

(a)a recognised order is revoked by a foreign court of the foreign jurisdiction in which the order was made; and

(b)notice of the revocation is given to the registrar of the relevant court by an officer of the foreign court,

the recognition in Western Australia of the recognised order is revoked from the day on which the registrar receives notice of the revocation.

(3)A registrar who is given notice of the variation or revocation of a recognised order by a foreign court is to notify the Commissioner accordingly.

[Regulation 25 inserted in Gazette 1 Jun 2007 p. 2527‑8.]

26.Forms

The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

[Regulation 26 inserted in Gazette 1 Jun 2007 p. 2528.]

Schedule 1 — Forms

[r. 26]

[Heading inserted in Gazette 9 Dec 2005 p. 5888; amended in Gazette 1 Jun 2007 p. 2528.]

1.Summons: Application for order

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 prohibition order (s. 90 of Act) ❑Interim protection order (s. 92 of Act)
Hearing	You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
	Place
	Date _____/_____/20____Time _____a.m./p.m.
Issue of summons	___________________________________ [Signature of Registrar] Date _____/_____/20____
For more information	For more information about this matter contact:
	Name
	Position
	Phone no. Ref no.

Service certificate
Person serving summons	Name
	Address _____________________________________________ Postcode
Service	Method❑Handed to respondent in person ❑Posted to respondent’s last known address ❑Left at respondent’s last known address
	Place [if applicable]
	Date _____/_____/20____Time _____a.m./p.m.
Certificate	I certify that I served this summons on the respondent in the manner described above.
	___________________________________ [Signature] Date ____/_____/20____

[Form 1 inserted in Gazette 9 Dec 2005 p. 5888‑9.]

2.Summons: Further hearing after interim order

Community Protection (Offender Reporting) Act 2004 Summons Further hearing after interim order		oChildren’s Court oDistrict Court
		Location
		Number
Respondent	Name Date of birth ___/___/___
	Address ___________________________________________________ Postcode
	Phone no.
Order sought	The Commissioner of Police has applied to the court for a child protection prohibition order to be made in respect of you. An interim protection order was made on ___/____/20___. A further hearing will now be held at which the court will decide whether to make a child protection prohibition order.
Hearing	You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
	Place
	Date _____/_____/20____Time _____a.m./p.m.
Issue of summons	___________________________________ [Signature of Registrar] Date _____/_____/20____
For more information	For more information about this matter contact:
	Name
	Position
	Phone no. Ref no.

Service certificate
Person serving summons	Name
	Address _____________________________________________ Postcode
Service	Method❑Handed to respondent in person ❑Posted to respondent’s last known address ❑Left at respondent’s last known address
	Place [if applicable]
	Date _____/_____/20____Time _____a.m./p.m.
Certificate	I certify that I served this summons on the respondent in the manner described above.
	___________________________________ [Signature] Date ____/_____/20____

[Form 2 inserted in Gazette 9 Dec 2005 p. 5889‑90.]

3.Summons: Application to vary or revoke child protection prohibition order

Community Protection (Offender Reporting) Act 2004 Summons Application to vary or revoke child protection prohibition order		oChildren’s Court oDistrict Court
		Location
		Number
Order	Person subject to order
	Date made_____/_____/20____
	Expiry date_____/_____/20____
Applicant	oCommissioner of Police oPerson subject to order Leave to apply granted _____/_____/20____ Address __________________________________________ Postcode
Application	oTo revoke order oTo vary order to [details of variation sought] _____________ _______________________________________________
Respondent	oPerson subject to order oCommissioner of Police
	Address ____________________________________________________ Postcode
	Phone no.
Hearing	You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
	Place
	Date _____/_____/20____Time _____a.m./p.m.
Issue of summons	___________________________________ [Signature of Registrar] Date _____/_____/20____
For more information	For more information about this matter contact:
	Name
	Position
	Phone no. Ref no.

Service certificate
Person serving summons	Name
	Address _____________________________________________ Postcode
Service	Method❑Handed to respondent in person ❑Posted to respondent’s last known address ❑Left at respondent’s last known address
	Place [if applicable]
	Date _____/_____/20____Time _____a.m./p.m.
Certificate	I certify that I served this summons on the respondent in the manner described above.
	___________________________________ [Signature] Date ____/_____/20____

[Form 3 inserted in Gazette 9 Dec 2005 p. 5890‑1.]

Notes

1This is a compilation of the Community Protection (Offender Reporting) Regulations 2004 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Community Protection (Offender Reporting) Regulations 2004	31 Dec 2004 p. 7025‑39	1 Feb 2005 (see r. 2)
Community Protection (Offender Reporting) Amendment Regulations 2005	9 Dec 2005 p. 5886‑7	9 Dec 2005
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2005	9 Dec 2005 p. 5887‑91	9 Dec 2005
Community Protection (Offender Reporting) Amendment Regulations 2006	8 Sep 2006 p. 3641‑2	8 Sep 2006
Community Protection (Offender Reporting) Amendment Regulations 2007	1 Jun 2007 p. 2525‑8	1 Jun 2007
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2007	22 Jun 2007 p. 2862	22 Jun 2007
Reprint 1: The Community Protection (Offender Reporting) Regulations 2004 as at 21 Sep 2007 (includes amendments listed above)
Community Protection (Offender Reporting) Amendment Regulations 2008	28 Mar 2008 p. 913-14	r. 1 and 2: 28 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Mar 2008 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2008	14 Nov 2008 p. 4878	r. 1 and 2: 14 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Nov 2008 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2008	25 Nov 2008 p. 4989-90	r. 1 and 2: 25 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Nov 2008 (see r. 2(b))

2Formerly referred to the Criminal Law (Mentally Impaired Defendants) Act 1996 the short title of which was changed to the Criminal Law (Mentally Impaired Accused) Act 1996 by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3Formerly referred to the Censorship Act 1996 the short title of which was changed to the Classification (Publications, Films and Computer Games) Enforcement Act 1996 by the Censorship Amendment Act 2006 s. 4(1). The reference was changed under the Reprints Act 1984 s. 7(3)(gb).