Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024 00-00-00 Xml

Western Australia

Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Bail Regulations 1988 amended

3.Regulations amended2

4.Regulation 6 amended2

5.Regulation 9 replaced2

9.Accused to be given copy of conditions applicable to home detention condition or electronic monitoring condition2

6.Schedule Form 11 replaced3

Form 11

Part 3 — Criminal Procedure Regulations 2005 amended

7.Regulations amended5

8.Schedule 1 Forms 5A and 5B replaced5

5A.Application under Bail Act 1982 s. 54(2)(b) (r. 13C(1))5

5B.Form to be lodged when accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 13C(2))6

Part 4 — Sentencing Regulations 1996 amended

9.Regulations amended8

10.Schedule 2 amended8

Bail Act 1982
Criminal Procedure Act 2004
Sentencing Act 1995

Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

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

(b)the rest of the regulations — on 18 December 2024.

Part 2 — Bail Regulations 1988 amended

3.Regulations amended

This Part amends the Bail Regulations 1988.

4.Regulation 6 amended

In regulation 6 in the Table after “s. 50F(5)” insert:

and 50Q(5)

5.Regulation 9 replaced

Delete regulation 9 and insert:

9.Accused to be given copy of conditions applicable to home detention condition or electronic monitoring condition

(1)If an accused is granted bail subject to a home detention condition the accused must, when entering into the bail undertaking —

(a)be provided with a list of the conditions in rules made under section 50L of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the home detention condition; and

(b)acknowledge in writing that the list referred to in paragraph (a) has been provided.

(2)If an accused is granted bail subject to an electronic monitoring condition the accused must, when entering into the bail undertaking —

(a)be provided with a list of the conditions in rules made under section 50U of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the electronic monitoring condition; and

(b)acknowledge in writing that the list referred to in paragraph (a) has been provided.

6.Schedule Form 11 replaced

In the Schedule delete Form 11 and insert:

Form 11

Bail Act 1982

Sections 50F(5) and 50Q(5)

WARRANT TO ARREST ACCUSED WHOSE BAIL SUBJECT TO A HOME DETENTION CONDITION OR AN ELECTRONIC MONITORING CONDITION HAS BEEN REVOKED

To:—all members of the Police Force in the State of Western Australia;

—[name any other officer]

On [date] [name of accused] “the accused” of [address of accused] appeared in the [court] at [place] charged with [describe offence(s)] and was granted bail subject to a home detention condition or an electronic monitoring condition.

On [date] the chief executive officer of corrective services revoked the bail granted to the accused.

This warrant commands anyone to whom it is directed to apprehend the accused and to take the accused before an appropriate judicial officer.

Dated:[date]

Signed:[signature and designation of CEO (corrections) or delegate]

[Accused’s date of birth..............................................................]

Execution details
Accused arrested on .... / .... / .... at ......... hours
at:
by:Regimental No:
of:police station/division
Signature:Date:

Part 3 — Criminal Procedure Regulations 2005 amended

7.Regulations amended

This Part amends the Criminal Procedure Regulations 2005.

8.Schedule 1 Forms 5A and 5B replaced

Delete Schedule 1 Forms 5A and 5B and insert:

5A.Application under Bail Act 1982 s. 54(2)(b) (r. 13C(1))

Court number						Application for summons or warrant under the Bail Act 1982 s. 54(2)(b) Criminal Procedure Regulations 2005
Court location
Date lodged
Case (Names of all parties)
Applicant (Name of the party applying)	Name
	Address
	Telephone No.
Application details	The applicant applies: runder the Bail Act 1982 s. 54(2)(b) for a summons for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act. runder the Bail Act 1982 s. 54(2)(b) for a warrant for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act. The grounds for the application are: raccused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982 s. 54(1)(a)(i)) rbreach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(1)(a)(ii)):
		rnot to be in the company of a particular person			rreport to a Community Corrections Officer
		rnot to go within a specified distance of a specified place or person (not to approach or enter)			robey direction of a Community Corrections Officer
		rnot to make contact with a particular person			rcomply with curfew
		rattend drug and alcohol testing			rreport to Police
		rattend drug and alcohol counselling			rreside at a particular address
		rundertake a mental health assessment			rsurrender passport
		rundertake a physical health examination			rnot to consume a specified / illicit / prohibited substance(s)
		rattend / reside at a specialist treatment centre			rother:
		rattend other counselling / programmes as specified
	rbreach of home detention condition (Bail Act 1982 s. 54(1)(a)(iii)) rbreach of electronic monitoring condition (Bail Act 1982 s. 54(1)(a)(iv)) rsurety no longer suitable or dead (Bail Act 1982 s. 54(1)(b)(i)) rother (specify):
Description of grounds
Signature of applicant or lawyer	Applicant / applicant’s lawyer			Date
HEARING DETAILS This application will be heard on:
Date and time	Date		Time				9 am or as soon after as possible
Place

5B.Form to be lodged when accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 13C(2))

Court number					Notice that accused arrested without warrant under Bail Act 1982 s. 54(2)(a) Criminal Procedure Regulations 2005
Court location
Date lodged
Case (Names of all parties)
Police officer lodging form	Name
	Address
	Telephone No.
Details	The accused mentioned above has been arrested without warrant under the Bail Act 1982 s. 54(2)(a) for the purposes of causing the accused to appear before an appropriate judicial officer under section 54(1) of that Act to show cause why the accused’s bail should not be varied or revoked. The grounds for causing the accused to appear are: raccused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982 s. 54(1)(a)(i)) rbreach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(1)(a)(ii)):
		rnot to be in the company of a particular person		rreport to a Community Corrections Officer
		rnot to go within a specified distance of a specified place or person (not to approach or enter)		robey direction of a Community Corrections Officer
		rnot to make contact with a particular person		rcomply with curfew
		rattend drug and alcohol testing		rreport to Police
		rattend drug and alcohol counselling		rreside at a particular address
		rundertake a mental health assessment		rsurrender passport
		rundertake a physical health examination		rnot to consume a specified / illicit / prohibited substance(s)
		rattend / reside at a specialist treatment centre		rother:
		rattend other counselling / programmes as specified
	rbreach of home detention condition (Bail Act 1982 s. 54(1)(a)(iii)) rbreach of electronic monitoring condition (Bail Act 1982 s. 54(1)(a)(iv)) rsurety no longer suitable or dead (Bail Act 1982 s. 54(1)(b)(i)) rother (specify):
Description of grounds
Signature of police officer lodging form or lawyer			Date
	Police officer lodging form / Lawyer

Part 4 — Sentencing Regulations 1996 amended

9.Regulations amended

This Part amends the Sentencing Regulations 1996.

10.Schedule 2 amended

In Schedule 2 in the item for the Bail Act 1982 after “50D(2),” insert:

50O(2),

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: GEOFF O. LAWN, Government Printer