Community Protection (Offender Reporting) Act 2004

Before attempting to exercise a power under section 39, 40 or 40A, the authorised person must inform the reportable offender in language likely to be understood by the offender —

of the purpose for which the power is to be exercised and —

in the case of section 39, why the authorised person is not satisfied as to the identity of the offender; or

in the case of section 40A, why the authorised person reasonably suspects the offender’s DNA profile is not held, or may not be held, by the WA Police or in a forensic database;

that reasonable force may be used if the reportable offender does not voluntarily give the offender’s fingerprints, expose part of the offender’s body or submit to a non‑intimate identifying procedure being done on the offender (as the case may be); and

that the fingerprints or photographs will be retained by the Commissioner or the DNA profile will be retained in accordance with the law.

If the reportable offender does not voluntarily cooperate and the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request to use reasonable force or by a senior police officer, a police officer may use reasonable force —

to take the fingerprints of the reportable offender; or

to expose a part of the body of the reportable offender that an authorised person is authorised under section 40(1) to require the reportable offender to expose to enable that part of the body to be photographed; or

to carry out a non‑intimate identifying procedure on the reportable offender for the purpose of obtaining the offender’s DNA profile.

If reasonable force is to be used in relation to section 39, 40 or 40A, a person of the same sex as the reportable offender must, if practicable, be the person who uses the reasonable force.

This section applies despite the Criminal Investigation (Identifying People) Act 2002 section 11(3).