Community Protection (Offender Reporting) Act 2004

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 —

corresponding Act means a law of a foreign jurisdiction that —

corresponding juvenile offender exemption order means an order of a prescribed class of court orders that —

corresponding juvenile offender non‑registration order means an order of a prescribed class of court orders that —

corresponding juvenile offender reporting order means an order of a prescribed class of court orders that —

corresponding juvenile scheme jurisdiction means a foreign jurisdiction that has a corresponding Act in force under which any of the following may be made —

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 —

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 —

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 —

immigration detention —

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 —

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 —

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 —

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 —

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.]