Community Protection (Offender Reporting) Act 2004 (WA)

Western Australia Community Protection (Offender Reporting) Act 2004 Western Australia Community Protection (Offender Reporting) Act 2004 Contents Part 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Meaning of finding of guilt 1 5. Other reference provisions 1 Part 2 — Offenders to whom Act applies Division 1 — General 6. Reportable offenders 1 7. Corresponding reportable offenders 1 8. New South Wales reportable offenders 1 9. Reportable offences 1 10. Class 1 offences 1 11. Class 2 offences 1 13. Offender reporting orders 1 14A. Consent orders 1 Division 2 — Past offender reporting orders 14. Terms used 1 15. Commissioner may apply for reporting orders 1 16. Fixing a hearing 1 17. Evidence 1 18. How application to be disposed of 1 19. Court may make reporting orders 1 20A. Consent orders 1 20. Attendance at hearings 1 21. Notification of orders made in absence of respondent 1 22. Appeals 1 23. Appeal does not stay order 1 Part 3 — Reporting obligations Division 1 — Initial report 24. When report must be made 1 25. When new initial report must be made by offender whose previous reporting obligations have ceased 1 26. Initial report by reportable offender of personal details 1 27. Persons required to report under corresponding Act 1 Division 2 — Ongoing reporting obligations 28. Reportable offender to report annually and as required by Commissioner 1 29. Reportable offender to report changes to relevant personal details 1 29A. Intended absence from place of residence to be reported 1 30. Intended absence from Western Australia to be reported 1 31. Change of travel plans while out of Western Australia to be reported 1 32. Reportable offender to report return to Western Australia or decision not to leave 1 33. Report of other absences from Western Australia 1 Division 3 — Provisions applying to all reporting obligations 34. Where reports must be made 1 35. How reports must be made 1 36. Right to privacy and support when reporting 1 37. Receipt of information to be acknowledged 1 38. Additional matters to be provided 1 39. Power to take fingerprints 1 40. Power to take photographs 1 41. Reasonable force may be used to obtain fingerprints and photographs 1 42. Retention of material for certain purposes 1 43. Reporting by remote offenders 1 Division 4 — Suspension and extension of reporting obligations 44. Suspension and extension of reporting obligations 1 Division 5 — Reporting period 45. When reporting obligations begin 1 46. Length of reporting period 1 47. Reduced period applies for young reportable offenders 1 48. Extended reporting period if reportable offender still on parole 1 49. Reporting period for corresponding reportable offenders 1 50. Reporting period for New South Wales reportable offenders 1 Division 6 — Exemption from reporting obligations 51. Application of Division 1 52. District Court may exempt certain reportable offenders 1 53. Order for suspension 1 54. Commissioner and certain chief executive officers entitled to be parties to proceedings 1 55. Commissioner to be notified of order 1 56. No costs to be awarded 1 57. Applications not to be heard in public on application of party to proceedings 1 58. Restriction on right of unsuccessful applicant to re‑apply for order 1 59. Cessation of order 1 60. Application for new order 1 Division 7 — Suspension of reporting obligations of certain reportable offenders 61. Commissioner may approve suspension of reporting obligations 1 62. Cessation of approval 1 Division 8 — Offences 63. Failure to comply with reporting obligations 1 64. Providing false or misleading information 1 65. No time limit for prosecutions 1 66. Bar to prosecution for failing to report leaving Western Australia 1 Division 9 — Notification of reporting obligations 67. Notice to be given to reportable offender 1 68. Courts to provide sentencing information to Commissioner 1 69. Notice to be given when reporting period changes 1 70. Supervising authority to notify Commissioner of certain events 1 71. Notices may be given by Commissioner 1 72. Power of detention to enable notice to be given 1 73. Failure to comply with procedural requirements does not affect reportable offender's obligations 1 Division 10 — Modified reporting procedures for participants in witness protection programs 74. Term used: witness protection program 1 75. Application of this Division 1 76. Report need not be made in person 1 77. Determination as to whether this Division applies 1 78. When determination takes effect 1 79. Modification of reporting obligations 1 Part 4A — Change of name 80A. Terms used 1 80B. Application 1 80C. Application for change of name by or in respect of reportable offender 1 80D. Approval by Commissioner 1 80E. Registration of change of name 1 80F. WA Registrar to correct Registration Act Register 1 80G. Exchange of information between Commissioner and WA Registrar 1 Part 4 — Community Protection Offender Register 80. Requirement to establish and maintain Community Protection Offender Register 1 81. Access to Register to be restricted 1 82. Confidentiality 1 83. Restriction on who may access personal information on protected witnesses 1 84. Reportable offender's rights in relation to Register 1 Part 5A — Publication of information about offenders Division 1 — Preliminary 85A. Terms used 1 85B. Delegation by Commissioner 1 85C. Commissioner not required to publish or provide information 1 85D. Restriction on information about protected witnesses 1 Division 2 — Commissioner may publish information 85E. Application 1 85F. Commissioner may publish personal details of certain reportable offenders 1 85G. Commissioner may publish photograph and locality of certain persons 1 85H. Removal of photograph and locality from website 1 85I. Commissioner may take into account certain matters 1 85J. Commissioner may inform child's parent or guardian whether specified person is a reportable offender 1 85K. Protection as to publication and other provision of information 1 Division 3 — Offences 85L. Conduct intended to incite animosity towards or harassment of identified offenders 1 85M. Publication, display and distribution of identifying information 1 Part 5 — Protection orders Division 1 — Preliminary 85. Terms used 1 86. Evidence 1 Division 2 — Orders 87. Commissioner may apply for orders 1 88. Fixing a hearing 1 89. How application to be disposed of 1 90. Court may make child protection orders 1 91. Term of child protection orders 1 92. Interim child protection orders 1 93. Conduct that may be subject of orders 1 94A. Reportable offenders may be required to undergo assessment and treatment 1 94B. Reportable offenders may be required to submit to tests or give samples for analysis 1 94C. Authorised police officers may enter premises to inspect computers 1 94. Explanation of orders 1 95. Consent orders 1 Division 3 — Variation or revocation 96. Variation or revocation of child protection orders 1 97. Fixing a hearing 1 98. How application to be disposed of 1 Division 4 — Attendance at hearings 99. Attendance at hearings 1 100. Notification of orders made in absence of respondent 1 Division 5 — Offence 101. Failure to comply with orders 1 Division 6 — Appeals 102. Appeals 1 103. Appeal does not stay order 1 Division 7 — Miscellaneous 104. Applications not to be heard in public 1 106. Restriction on publication of identity of reportable offenders and victims 1 107. Protection orders have no effect to extent of inconsistency with certain other orders 1 108. Recognition of protection orders made in other jurisdictions 1 Part 6 — Other matters 109. Protection from liability 1 110A. Public authorities to provide Commissioner with certain information 1 110. Delegation by Commissioner 1 111. Effect of spent convictions 1 112. Civil standard of proof 1 113. Certificate concerning evidence 1 114. Regulations 1 115. Minister to review and report on Act 1 115A. Transitional arrangements for certain offenders 1 115B. Further transitional arrangements for certain offenders sentenced for Class 2 offences 1 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Community Protection (Offender Reporting) Act 2004 An Act to require certain offenders who commit sexual or certain other serious offences to keep police informed of their whereabouts and other personal details for a period of time to reduce the likelihood that they will re‑offend and to facilitate the investigation and prosecution of any future offences that they may commit, to enable information to be published about certain offenders, to enable courts to make orders prohibiting certain offenders from engaging in specified conduct, and for related purposes. [Long title amended: No. 1 of 2012 s. 4.]