1Short title
This Act may be cited as the Community Protection (Offender Reporting) Act 2004.
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Bill homepageThis Act may be cited as the Community Protection (Offender Reporting) Act 2004.
This Act comes into operation on a day fixed by proclamation.
Different days may be fixed under subsection (1) for different provisions.
In this Act, unless the context otherwise requires —
approved place means a place approved by the Commissioner under section 34(1)(b);
authorised person means a police officer or a person, or a person who falls within a class of persons, prescribed by the regulations;
child means a person who is under 18 years of age;
Class 1 offence has the meaning given to that term in section 10;
Class 2 offence has the meaning given to that term in section 11;
Class 3 offence has the meaning given to that term in section 12;
commencement day means the day on which section 24 comes into operation;
Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
community order means —
a community based order or intensive supervision order made under the Sentencing Act 1995; or
a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994; or
a community supervision order or an interim or extended community supervision order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(b) of that Act;
corresponding Act means a law of a foreign jurisdiction that —
provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and
is prescribed to be a corresponding Act for the purposes of this Act;
corresponding juvenile offender exemption order means an order of a prescribed class of court orders that —
are made under a corresponding Act; and
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 —
are made under a corresponding Act; and
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 —
are made under a corresponding Act; and
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 corresponding juvenile offender reporting order;
a corresponding juvenile offender non‑registration order;
corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed to be corresponding offender reporting orders for the purposes of this Act;
corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner under this Act;
corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as defined in section 9;
corresponding reportable offender has the meaning given to that term in section 7;
court includes a court (however described) of a foreign jurisdiction;
detainee means a person who is detained in a detention centre, as defined in the Young Offenders Act 1994 section 3;
detainee under the CLMI Act means a person subject to a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act;
disability, in relation to a person, means —
any defect or disturbance in the normal structure or functioning of the person’s body; or
any defect or disturbance in the normal structure or functioning of the person’s brain; or
any illness or condition that impairs the person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour,
whether arising from a condition subsisting at birth or from an illness or injury;
electronic device means any device capable of storing or accessing electronic data;
existing controlled reportable offender means a person who, as a result of having been sentenced for a reportable offence, was under the supervision of a supervising authority or any other person immediately before the commencement day and includes a person who was in government custody in respect of a reportable offence at that time;
existing licensee means a person who is released under —
a re‑entry release order made under the Sentence Administration Act 2003; or
a supervised release order made under the Young Offenders Act 1994,
and includes a person who has a similar status under the laws of a foreign jurisdiction;
finding of guilt has the meaning given to that term in section 4;
foreign jurisdiction means a jurisdiction other than Western Australia (including jurisdictions outside Australia);
foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses;
government custody means —
custody as a prisoner, detainee or detainee under the CLMI Act; or
custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); or
immigration detention under a law of a foreign jurisdiction;
immigration detention —
includes immigration detention as defined in the Migration Act 1958 (Commonwealth) section 5(1); but
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).
juvenile offender exemption order means an order made under section 14E or 14F;
juvenile offender reporting order means an order made under section 14B;
New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales;
New South Wales reportable offender has the meaning given to that term in section 8;
non‑intimate identifying procedure has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
offender reporting order means an order made under section 13 or 14A and includes a corresponding offender reporting order;
parole means parole under an order made under the Sentence Administration Act 2003 and includes parole under an equivalent order made under the laws of a foreign jurisdiction;
past offender reporting order means an order made under section 15A or 15B;
personal details means the information listed in section 26(1);
personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;
premises includes part of premises;
prescribed means prescribed by regulations made under this Act;
prisoner has the meaning given to that term in the Prisons Act 1981 section 3;
protection order has the meaning given to that term in section 85;
public authority means —
a department of the Public Service; or
a local government, regional local government or regional subsidiary; or
a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State;
Register means the Community Protection Offender Register established under section 80;
reportable contact has the meaning given in section 4A;
reportable contact details has the meaning given in section 4B;
reportable offence has the meaning given to that term in section 9;
reportable offender has the meaning given to that term in section 6;
reporting obligations, in relation to a reportable offender, means the obligations imposed on the offender by Part 3;
reporting order means any of the following —
an offender reporting order;
a past offender reporting order;
a juvenile offender reporting order;
a corresponding juvenile offender reporting order;
Note for this definition:
For the purposes of paragraph (a) — an offender reporting order includes a corresponding offender reporting order.
reporting period means the period, as determined under Part 3 Division 5, during which a reportable offender must comply with the offender’s reporting obligations;
senior police officer means a police officer of, or acting in, the rank of sergeant or a higher rank;
sentence includes —
an exercise of power under the Sentencing Act 1995 Part 6; and
an order under the Sentencing Act 1995 Part 7; and
an exercise of power under the Young Offenders Act 1994 section 66, 67, 69 or 70; and
a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act; and
a special order made under the Young Offenders Act 1994 section 126; and
anything prescribed to be a sentence for the purposes of this definition,
and any sentence or equivalent exercise of power or order under the laws of a foreign jurisdiction;
strict government custody, in relation to a reportable offender, means custody as a person in immigration detention, as a prisoner, detainee or detainee under the CLMI Act, but does not include such custody if the reportable offender —
is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise; and
is not during any such period under the immediate supervision of an officer of a supervising authority or other person having custody of the reportable offender;
supervising authority, in relation to a class of reportable offenders, means the authority prescribed as the supervising authority of that class of reportable offenders;
WA Police has the meaning given in the Criminal Investigation (Identifying People) Act 2002 section 3(1);
young reportable offender means a reportable offender who is a child.
[Section 3 amended: No. 47 of 2011 s. 15; No. 54 of 2012 s. 4 and 39; No. 26 of 2016 s. 46; No. 10 of 2023 s. 285; No. 31 of 2024 s. 28; No. 35 of 2024 s. 4, 59 and 68.]
For the purposes of this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following —
a court making a formal finding of guilt in relation to the offence;
a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;
a court accepting a plea of guilty from the person in relation to the offence;
a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under provisions of the laws of a foreign jurisdiction;
a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or a finding under equivalent provisions of the laws of a foreign jurisdiction.
A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.
[Section 4 amended: No. 10 of 2023 s. 286 and 412.]
A reportable offender has reportable contact with a child if the offender has contact with the child when the offender —
supervises or cares for the child; or
visits or stays at a household where the child is present; or
gives their contact details to the child or receives the child’s contact details; or
befriends or attempts to befriend the child.
For the purposes of this section, contact with a child by a reportable offender includes any of the following —
the offender having physical contact with the child;
the offender being in very close physical proximity to the child;
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.
[Section 4A inserted: No. 35 of 2024 s. 5.]
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 —
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
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
details related to the reportable contact or likely reportable contact with the child referred to in paragraph (a).
For the purposes of this section, details related to reportable contact or likely reportable contact with a child by a reportable offender are —
a description of the type of contact the offender has with the child or is likely to have with the child; and
whether the contact occurs or is likely to occur when the offender —
supervises or cares for the child; or
visits or stays at a household where the child is present; or
gives their contact details to the child or receives the child’s contact details; or
befriends or attempts to befriend the child;
and
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.
[Section 4B inserted: No. 35 of 2024 s. 5.]
For the purposes of this Act, offences arise from the same incident only if they are committed within a single period of 24 hours and against the same person.
A reference in this Act to doing a thing in person is a reference to doing the thing by personal attendance at a place, and it is not sufficient to attend the place by telephone or by any other electronic means.
Subject to subsections (4), (5) and (5A), a reportable offender is a person whom a court, on or after the commencement day, sentences for a reportable offence.
A person is also a reportable offender if —
the person was sentenced for a reportable offence before the commencement day and is an existing controlled reportable offender in respect of that offence; or
if paragraph (a) does not apply, the person —
was sentenced before the commencement day for 2 or more reportable offences; and
at least one of those offences was committed within 8 years before that day.
A person who is —
a corresponding reportable offender; or
a New South Wales reportable offender,
is also a reportable offender.
Unless a person is a reportable offender because of subsection (3), a person is not a reportable offender merely because the person as a child committed a single offence (including an offence under the laws of a foreign jurisdiction) that falls within a class of offences that are prescribed to be offences for the purposes of this subsection.
A person is also not a reportable offender if the person is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection.
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.
A person ceases to be a reportable offender if —
the finding of guilt in respect of the only offence that makes the person a reportable offender for the purposes of this Act is quashed or set aside by a court; or
the person is a reportable offender only because the person is subject to an offender reporting order or past offender reporting order and that order is quashed on appeal; or
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 —
quashed on appeal; or
revoked;
or
the person is a reportable offender only because the person committed an offence when the person was a child and —
a juvenile offender exemption order is made in relation to the person; or
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.
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, sentence, reporting order or corresponding juvenile offender non‑registration order.
A reference to a single offence in subsection (4) includes a reference to more than one offence of the same kind arising from the same incident.
[Section 6 amended: No. 31 of 2024 s. 28; No. 35 of 2024 s. 6, 59 and 69.]
A corresponding reportable offender is a person —
who had at any time (whether before, on or after the commencement day) been in a foreign jurisdiction and at that time had been required to report to the corresponding registrar in that jurisdiction; and
who —
would, if the person were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period; or
falls within a class of persons who are prescribed to be corresponding reportable offenders for the purposes of this Act.
[Section 7 amended: No. 54 of 2012 s. 5; No. 31 of 2024 s. 28; No. 35 of 2024 s. 59.]
A New South Wales reportable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person prescribed not to be a New South Wales reportable offender for the purposes of this Act.
[Section 8 amended: No. 35 of 2024 s. 59.]
For the purposes of this Act, a reportable offence is —
any of the following offences (other than an offence committed by a person when they were a child) —
a Class 1 offence;
a Class 2 offence;
or
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
an offence that results in the making of an offender reporting order or past offender reporting order; or
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
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 —
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
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
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
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
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 —
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
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
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 committed by the person when they were a child; and
that results in a finding of guilt by a court of a foreign jurisdiction (other than a corresponding juvenile scheme jurisdiction).
[Section 9 inserted: No. 35 of 2024 s. 70.]
A Class 1 offence is —
an offence against a provision listed in Schedule 1; or
an 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 this section; or
an offence under a law of a foreign jurisdiction that is prescribed to be a Class 1 offence; or
an offence an element of which is an intention to commit an offence of a kind referred to in this section; or
an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this section; or
an offence that, at the time it was committed —
was a Class 1 offence for the purposes of this Act; or
in the case of an offence committed before the commencement day — was an offence of a kind referred to in this section.
[Section 10 amended: No. 35 of 2024 s. 59.]
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