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s 26

Initial report by reportable offender of personal details

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Part 3Reporting obligations
Division 1Initial report

26 Initial report by reportable offender of personal details

(1)

The details the reportable offender must report are —

(a)

the offender’s name, together with any other name by which the offender is, or has previously been, known; and

(b)

in respect of each name other than the offender’s current name, the period during which the offender was known by that other name; and

(c)

the offender’s date of birth; and

(ca)

the offender’s sex or gender —

(i)

as registered under the Births, Deaths and Marriages Registration Act 1998 or a corresponding law (as defined in section 4 of that Act); or

(ii)

as acknowledged in a document issued under the Births, Deaths and Marriages Registration Act 1998 section 36ZA, or a document issued under a corresponding law (as defined in section 4 of that Act), for the purpose of acknowledging a person’s sex or gender; or

(iii)

if neither subparagraph (i) nor (ii) apply in respect of the offender — being a sex or gender prescribed in regulations under the Births, Deaths and Marriages Registration Act 1998 and identified by the offender as the offender’s sex or gender;

and

(cb)

details of each foreign citizenship that the offender holds (if any), including the name of the country for which it is held; and

(daa)

details of each passport that the offender holds (if any), including its number and expiry date and the name of the country that issued it; and

(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

(da)

each telephone number that the offender has or that the offender regularly uses; and

(db)

each email address (if any) that the offender has or that the offender regularly uses; and

(dc)

the name of each Internet service provider whose Internet carriage service —

(i)

the offender is supplied with; or

(ii)

the offender regularly uses;

and

(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

(df)

each user name, code, password or other information (if any) that the offender uses to gain access to —

(i)

the internet generally or a particular website, other than a website operated by an authorised deposit‑taking institution, as defined in the Banking Act 1959 (Commonwealth), or a website approved by the Commissioner under subsection (1b); or

(ii)

an email address referred to in paragraph (db) or an electronic communication service referred to in paragraph (de); or

(iii)

an incidental communication application referred to in paragraph (de);

and

(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

[(fa) deleted]

(f)

if the offender is employed —

(i)

the nature of the offender’s employment; and

(ii)

the name of the offender’s employer (if any); and

(iii)

the address of each of the premises at which the offender is generally employed or, if the offender is not generally employed at any particular premises, the name of each of the localities in which the offender is generally employed;

and

(g)

details of the offender’s affiliation with each club or organisation (if any) that has members who are children or that conducts activities in which children participate; and

(h)

the make, model, colour and registration number of each motor vehicle (if any) owned by, or generally driven by, the offender; and

(i)

details of each tattoo or permanent distinguishing mark that the offender has (including details of each tattoo or mark that has been removed) if any; and

(j)

whether the offender has ever been found guilty in any foreign jurisdiction of a reportable offence or of an offence that required the offender to report to a corresponding registrar or been subject to a corresponding offender reporting order, corresponding juvenile offender reporting order or a corresponding protection order recognised under section 108 and, if so, where that finding occurred or that order was made; and

(k)

if the offender has been in government custody since the offender was sentenced or released from government custody (as the case may be) in respect of a reportable offence or corresponding reportable offence — details of when and where that government custody occurred; and

(l)

if, at the time of making a report under this Division, the offender leaves, or intends to leave, Western Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence) —

(i)

in general terms, the reason for travelling; and

(ii)

in general terms, the frequency and destinations of the travel;

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.

(1a)

In subsection (1)(dc) —

Internet carriage service and Internet service provider have the same meanings as they have in Schedule 5 to the Broadcasting Services Act 1992 of the Commonwealth.

(1b)

For the purposes of subsection (1)(df)(i), the Commissioner may, at the written request of a reportable offender, approve a website used by the offender if the Commissioner is satisfied that the website is used by the offender only for lawful purposes in connection with recording financial information or making financial transactions.

(2)

For the purposes of this section —

(a)

a reportable offender does not generally reside at, own, rent, control or manage any particular premises unless the offender (as the case requires) resides at, owns, rents, controls or manages those premises for at least 3 days (whether consecutive or not) in any period of 12 months; and

[(b)‑(db) deleted]

(d)

a reportable offender is not generally employed at any particular premises unless the offender is employed at those premises for at least 3 days (whether consecutive or not) in any period of 12 months; and

(e)

a reportable offender does not generally drive a particular motor vehicle unless the person drives that vehicle for at least 3 days (whether consecutive or not) in any period of 12 months.

(3)

For the purposes of this section, a person is taken to be employed if the person —

(a)

carries out work under a contract of employment; or

(b)

carries out work as a self‑employed person or as a subcontractor; or

(c)

carries out work as a volunteer for an organisation; or

(d)

undertakes practical training as part of an educational or vocational course; or

(e)

carries out work as a minister of religion or in any other capacity for the purposes of a religious organisation.

(4)

For the purposes of this section, a person is taken to be an employer of a reportable offender if the person —

(a)

arranges, in the course of business, for the reportable offender to be employed by another person; or

(b)

engages the reportable offender under contract to carry out work.

(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.

[Section 26 amended: No. 27 of 2008 s. 4; No. 54 of 2012 s. 13 and 42(2); No. 31 of 2024 s. 24 and 28; No. 35 of 2024 s. 15 and 85.]

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