1Citation
These regulations are the Community Protection (Offender Reporting) Regulations 2004 1.
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Bill homepageThese regulations are the Community Protection (Offender Reporting) Regulations 2004 1.
These regulations come into operation on 1 February 2005.
In these regulations —
analyst means a person authorised under regulation 26H(2);
authorised breath tester has the meaning given in regulation 26D(1);
authorised sample collector means a medical practitioner, a registered nurse or a phlebotomist;
blood alcohol content means the concentration of alcohol in a person’s blood, expressed in grams of alcohol per 100 ml of blood;
blood sampling equipment has the meaning given in regulation 26F(1);
Breath Analysis Regulations means the Road Traffic (Breath Analysis) Regulations 1975;
breath test means a test of a sample of a reportable offender’s breath under section 94B(2)(a) of the Act by means of breath testing equipment;
breath testing equipment means a type of apparatus that is approved under the Road Traffic Act 1974 section 72(2)(a) or (b);
Department of Justice means the department of the Public Service principally assisting in the administration of the Prisons Act 1981;
foreign court means a court of a foreign jurisdiction;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
phlebotomist means the holder of a current certificate of competency in phlebotomy issued by an Australian public hospital or teaching facility;
recognised order means a corresponding protection order recognised under regulation 23(1);
registered nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse;
registrar has the same meaning as it has in —
the Children’s Court of Western Australia Act 1988; or
the District Court of Western Australia Act 1969,
as the case requires;
relevant court, in relation to a corresponding protection order, means —
if the order is made by a foreign court that corresponds to the Children’s Court — the Children’s Court;
otherwise, the District Court;
urine sampling equipment has the meaning given in regulation 26F(1).
[Regulation 3 inserted: Gazette 1 Jun 2007 p. 2525‑6; amended: Gazette 8 Nov 2013 p. 4995-7; 13 Nov 2018 p. 4433; SL 2021/57 r. 4; SL 2025/142 r. 4.]
A person is prescribed to be an authorised person for the purposes of the definition of that term in section 3 of the Act if the person is —
employed in the department of the Public Service principally assisting in the administration of the Act; and
authorised in writing by the Commissioner for the purposes of this regulation.
[Regulation 4 amended: SL 2025/142 r. 5.]
Each of the following laws is prescribed to be a corresponding Act for the purposes of the definition of that term in section 3 of the Act —
the Child Protection (Offenders Registration) Act 2000 of New South Wales;
the Sex Offenders Registration Act 2004 of Victoria;
the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Queensland);
the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;
the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;
the Community Protection (Offender Reporting) Act 2005 of Tasmania;
the Child Sex Offenders Registration Act 2006 of South Australia;
the Sexual Offences Act 2003 (United Kingdom);
the Sex Offender Information Registration Act (2004 c. 10) (Canada);
the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (New Zealand).
[Regulation 5 amended: Gazette 8 Sep 2006 p. 3641; 22 Jun 2007 p. 2862; 28 Mar 2008 p. 914; 25 Nov 2008 p. 4990; 20 Feb 2009 p. 354; SL 2021/192 r. 4.]
An order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 122C(10) is a corresponding juvenile offender exemption order for the purposes of the definition of that term in section 3 of the Act.
[Regulation 5A inserted: SL 2025/213 r. 4.]
Each of the following is a corresponding juvenile offender non‑registration order for the purposes of the definition of that term in section 3 of the Act —
an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) (as in force from time to time before 29 September 2025) and continued under Schedule 2 clause 33(1) of that Act;
a decision made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 9(3) that results in the person not being a registrable offender under that Act.
[Regulation 5B inserted: SL 2025/213 r. 4.]
Each of the following is a corresponding juvenile offender reporting order for the purposes of the definition of that term in section 3 of the Act —
an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;
an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13(2) in relation to a Class 1 offence or Class 2 offence;
an order made under the Sex Offenders Registration Act 2004 (Vic) section 11(2) in relation to a Class 1 offence or Class 2 offence;
an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;
an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.
A reference in subregulation (1) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.
[Regulation 5C inserted: SL 2025/213 r. 4.]
Subject to subregulation (2), each of the following is a corresponding offender reporting order for the purposes of the definition of that term in section 3 of the Act —
an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C, 3D, 3E or 3F;
an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13;
an order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) section 12B or 12C (including an order taken, under section 96 of that Act, to be an order made under 1 of those sections);
an order made under the Sex Offenders Registration Act 2004 (Vic) section 11;
an order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 15 or 18C;
an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6, 7 or 9;
an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9;
an order made under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (NZ) section 9.
An order listed in subregulation (1) is not a corresponding offender reporting order if the order is in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.
Note for this subregulation:
See regulation 5C for corresponding juvenile offender reporting orders.
A reference in subregulation (2) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.
[Regulation 6 inserted: SL 2025/213 r. 5.]
Each of the following is a sentence for the purposes of the definition of that term in section 3 of the Act —
a pre‑sentence order under the Sentencing Act 1995 Part 3A in force on or after 1 June 2007;
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.
[Regulation 6A inserted: SL 2024/172 r. 4.]
Except as stated in subregulation (2) or (4), the chief executive officer of the Department of Justice is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is —
in strict government custody (other than a reportable offender who is in immigration detention); or
in government custody (other than a reportable offender who is in immigration detention); or
subject to a community order; or
subject to supervision as a condition of parole; or
an existing licensee.
The chief executive officer of the Department of Health is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a detainee under the CLMI Act unless the offender —
is detained in a prison or detention centre; or
is a resident as defined in the Declared Places (Mental Impairment) Act 2015 section 3; or
as a condition of being released under a leave of absence order, is subject to supervision by an officer of the Department of Justice.
In subregulation (2) —
Department of Health means the department of the Public Service principally assisting in the administration of the Public Health Act 2016;
detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3;
leave of absence order has the meaning given in the Criminal Law (Mental Impairment) Act 2023 section 77(1);
prison has the same meaning as it has in the Prisons Act 1981 section 3.
The chief executive officer of the Commission is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a resident.
In subregulation (4) —
Commission means the Disability Services Commission referred to in the Disability Services Act 1993 section 6;
resident has the meaning given in the Declared Places (Mental Impairment) Act 2015 section 3.
[Regulation 7 amended: Gazette 1 Jun 2007 p. 2528; 16 Jun 2015 p. 2077‑8; 10 Jan 2017 p. 222; SL 2024/172 r. 5; SL 2025/142 r. 6.]
For the purposes of section 4B(2)(c) of the Act, the frequency of the contact or likely contact with the child is a detail related to reportable contact or likely reportable contact with a child by a reportable offender.
[Regulation 7A inserted: SL 2025/142 r. 7.]
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