High Risk Serious Offenders Act 2020 (WA)

Western Australia High Risk Serious Offenders Act 2020 Western Australia High Risk Serious Offenders Act 2020 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: community 1 5. Term used: serious offence 1 6. Term used: committing a serious offence 1 7. Term used: high risk serious offender 1 8. Objects of this Act 1 9. Act binds Crown 1 10. Application of Bail Act 1982 1 11. Proceedings under this Act 1 12. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 13. Application of Freedom of Information Act 1992 limited 1 Part 2 — High Risk Serious Offenders Board Division 1 — Establishment and functions 14. Board established 1 15. Functions of Board 1 Division 2 — Membership and meetings 16. Terms used 1 17. Membership of Board 1 18. Community members of Board 1 19. Term of office 1 20. Resignation 1 21. Terminating and cancelling appointments 1 22. Meetings of Board 1 23. Protection of information 1 Part 3 — Cooperation and sharing of information between supporting agencies 24. Cooperation between supporting agencies 1 25. Disclosure of information between supporting agencies 1 Part 4 — Restriction of offenders Division 1 — Restriction orders 26. Continuing detention order 1 27. Supervision order 1 28. Court to give reasons for making restriction order 1 29. Limitation on power to make or amend supervision order 1 30. Conditions of supervision order 1 31. Electronic monitoring 1 32. Curfew 1 33. Enforcement of electronic monitoring and curfew requirement 1 Division 2 — Applying for a restriction order 34. Terms used 1 35. Application for restriction order in relation to serious offender under custodial sentence 1 36. Application for restriction order in relation to offender subject to supervision order 1 37. Provisions relating to restriction order applications 1 38. Application where offender discharged from sentence or supervision order 1 39. State's duty of disclosure 1 40. Provision of evidentiary material to applying agency 1 41. Offender's duty of disclosure 1 42. Orders as to disclosure requirements 1 43. Fixing day for preliminary hearing 1 44. Offender may file affidavits in response 1 45. Contents of affidavit 1 46. Preliminary hearing 1 47. Discontinuing restriction order application 1 Division 3 — Making a restriction order 48. Restriction orders 1 Division 4 — Amending a supervision order 49. Application to amend conditions of supervision order 1 50. Amendment of conditions of supervision order 1 Division 5 — Contravening a supervision order 51. Warrant because of contravention 1 52. Order permitting publication of offender's photograph 1 53. State may seek orders 1 54. Reports 1 55. Court to make orders in certain cases 1 56. Orders made during contravention proceedings 1 Division 6 — Supervision order extended due to imprisonment 57. Extension of supervision order 1 Division 7 — Interim supervision orders 58. Interim supervision order 1 Division 8 — Victim submissions 59. Terms used 1 60. Making victim submissions 1 61. Availability of victim submissions 1 62. Court may have regard to victim submissions 1 Part 5 — Review of detention 63. Purpose of this Part 1 64. Review — periodic 1 65. Review — application by offender subject to order 1 66. Dealing with application 1 67. Reports 1 68. Review of detention under continuing detention order 1 Part 6 — Appeals 69. Appeals 1 70. Appeal does not stay decision 1 71. Dealing with appeal 1 Part 7 — Reports 72. Terms used 1 73. Authority to examine 1 74. Preparation of report by qualified expert 1 75. Preparation of other report 1 76. CEO to provide information 1 77. CEO may seek information 1 78. Copies of report to State and subject 1 Part 8 — General 79. Offender unfit to stand trial 1 80. Offence of contravening supervision order 1 81. Procedure on some charges of offences under s. 80 1 81A. Evidentiary provision for proceedings for offences under s. 80 concerning electronic monitoring 1 82. Proceedings to be criminal proceedings 1 83. Deciding certain matters on the papers 1 84. Evidence in certain hearings 1 85. Court may give directions 1 86. Appearance at hearings 1 87. Warrant of commitment upon order for detention 1 88. Protection from personal liability 1 89. Approved forms 1 90. Regulations 1 91. Review of this Act 1 Part 9 — Consequential amendments to other Acts Division 1 — Community Protection (Offender Reporting) Act 2004 amended 92. Act amended 1 93. Section 85A amended 1 94. Section 85G amended 1 95. Section 85H amended 1 96. Section 85I amended 1 Division 2 — Criminal Procedure Act 2004 amended 97. Act amended 1 98. Section 51 amended 1 99. Section 80 amended 1 Division 3 — Freedom of Information Act 1992 amended 100. Act amended 1 101. Schedule 2 amended 1 102. The Glossary amended 1 Division 4 — Sentence Administration Act 2003 amended 103. Act amended 1 104. Section 4 amended 1 105. Section 50 amended 1 106. Section 74A amended 1 107. Section 74B amended 1 108. Section 74D amended 1 109. Section 74E amended 1 110. Section 74G amended 1 111. Section 74J amended 1 112. Section 74K replaced 1 74K. Subsequent PSSO after cancellation for committing offence 1 113. Section 74L replaced 1 74L. Offence for breach of PSSO 1 114. Section 103 amended 1 115. Section 119 amended 1 116. Schedule 4 deleted 1 Division 5 — Other Acts amended 117. Bail Act 1982 amended 1 118. Director of Public Prosecutions Act 1991 amended 1 15A. Proceedings under High Risk Serious Offenders Act 2020 1 119. Prisons Act 1981 amended 1 120. Sentencing Act 1995 amended 1 121. Various references to Dangerous Sexual Offenders Act 2006 replaced 1 Part 10 — Repeal and transitional provisions 122. Terms used 1 123. Act repealed 1 124. Completion of things commenced 1 125. Continuing effect of things done 1 Schedule 1 — Serious offences Division 1 — Offences that are serious offences in all circumstances Subdivision 1 — Offence under the Bush Fires Act 1954 Subdivision 2 — Offence under the Children and Community Services Act 2004 Subdivision 3 — Offences under The Criminal Code Subdivision 4 — Offences under the Prostitution Act 2000 Subdivision 5 — Offence under the Road Traffic Act 1974 Subdivision 6 — Offences under Western Australian Marine Act 1982 Division 2 — Offences that are serious offences if committed in specified circumstances Subdivision 1 — Offence under The Criminal Code Subdivision 2 — Offence under the Prostitution Act 2000 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia High Risk Serious Offenders Act 2020 An Act to provide for the detention in custody or the supervision of high risk serious offenders, to repeal the Dangerous Sexual Offenders Act 2006 and to make consequential and other amendments to various Acts. The Parliament of Western Australia enacts as follows: