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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Community Protection (Offender Reporting)
Amendment Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Stage 1 amendments --
general
Division 1 -- Community Protection (Offender
Reporting) Act 2004 amended
3. Act amended 3
4. Section 3 amended 3
5. Sections 4A and 4B inserted 5
4A. Meaning of reportable contact 5
4B. Meaning of reportable contact details 6
6. Section 6 amended 7
7. Section 14 amended 8
8. Section 16 amended 8
9. Section 18 amended 8
10. Section 20A amended 8
11. Section 21 amended 8
12. Section 22 amended 9
13. Section 24 amended 9
14. Section 25 amended 9
15. Section 26 amended 9
16. Part 3 Division 2 Subdivision 1 heading inserted 14
Subdivision 1 -- General
17. Section 29 amended 15
178--1 page i
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
18. Part 3 Division 2 Subdivision 2 inserted 16
Subdivision 2 -- Reportable contact with child
33A. Ongoing reporting of reportable contact
with child 16
33B. Exemption from ongoing reporting of
reportable contact with child 16
33C. When exemptions end 17
33D. Reporting of reportable contact with child
ceasing for 60 days 19
19. Section 34 amended 19
20. Section 35 amended 19
21. Section 37 amended 21
22. Section 40A inserted 22
40A. Power to obtain DNA profiles 22
23. Section 41 amended 23
24. Section 42 amended 25
25. Sections 43A and 43B inserted 25
43A. Time for reporting 25
43B. Powers additional 26
26. Section 45 amended 26
27. Section 46 amended 27
28. Section 61 amended 27
29. Section 62 amended 28
30. Section 63 amended 28
31. Section 64 amended 29
32. Section 67 amended 29
33. Section 80C amended 29
34. Section 81 amended 30
35. Section 82 amended 30
36. Section 82A inserted 33
82A. Delegation by Commissioner 33
37. Section 85A amended 34
38. Section 85B amended 34
39. Section 85G amended 34
40. Sections 85GA and 85GB inserted 35
85GA. Notice to give address and photograph to
Commissioner 35
85GB. Authorisation by Minister to publish
photograph and locality in relation to
certain offences 36
41. Section 85H amended 38
page ii
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
42. Section 85J amended 38
43. Section 85K amended 39
44. Section 85L amended 40
45. Section 85M amended 40
46. Section 94B amended 40
47. Section 94C amended 41
48. Section 101 amended 42
49. Section 106 amended 43
50. Part 5B inserted 43
Part 5B -- Power to enter and search premises and
vehicles in relation to serious reportable
offenders
108A. Serious reportable offenders 43
108B. Restriction on exercise of powers under
Part 44
108C. Additional police powers in relation to
serious reportable offenders may be
exercised without warrant 44
108D. Use of force when exercising powers
under this Part 45
108E. Entry to and search of premises and
vehicles in relation to serious reportable
offenders 45
108F. Power to seize things relevant to offences 47
51. Section 109A inserted 48
109A. Assistance when exercising powers 48
52. Section 110 amended 48
53. Section 113 amended 49
54. Part 7 heading and Part 7 Division 1 heading
inserted 49
Part 7 -- Transitional matters and consequential
amendment
Division 1 -- Transitional matters relating to
Community Protection (Offender Reporting)
Amendment Act 2008
55. Part 7 Division 2 heading inserted 49
Division 2 -- Transitional matters relating to
Community Protection (Offender Reporting)
Amendment Act (No. 2) 2012 and
consequential amendment
page iii
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
56. Part 7 Division 3 inserted 50
Division 3 -- Transitional matters relating to
Community Protection (Offender Reporting)
Amendment Act 2024
Subdivision 1 -- General
117. Interpretation Act 1984 not affected 50
118. Transitional regulations 50
Subdivision 2 -- Stage 1 transitional provisions
119. Term used: commencement day 52
120. Notifying reporting obligations and
reporting periods before commencement
day 52
121. Reporting period and reporting obligations
in relation to person who was reportable
offender or committed offence before
commencement day 53
122. Reporting period in relation to reportable
offender in immigration detention before
commencement day 54
123. References to personal details of
reportable offenders before
commencement day 55
124. Application to person not sentenced
before commencement day 56
125. Application of powers in relation to person
who was reportable offender, or in relation
to offence committed, before
commencement day 56
126. Minister may revoke authorisations to
publish photograph and locality given
before commencement day 56
57. Schedule 1 amended 57
58. Schedule 2 amended 57
59. Various references to "prescribed by the
regulations" amended 57
Division 2 -- Consequential amendments to
other Acts
Subdivision 1 -- Criminal Investigation (Identifying
People) Act 2002 amended
60. Act amended 58
61. Section 53 replaced 58
53. Application of Part 58
62. Section 68B inserted 59
68B. Identifying information of reportable
offenders 59
page iv
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
Subdivision 2 -- Criminal Organisations Control
Act 2012 amended
63. Act amended 60
64. Section 98 amended 60
Subdivision 3 -- Sentencing Act 1995 amended
65. Act amended 60
66. Section 8 amended 60
Part 3 -- Stage 2 amendments --
juvenile offenders
Division 1 -- Community Protection (Offender
Reporting) Act 2004 amended
67. Act amended 62
68. Section 3 amended 62
69. Section 6 amended 64
70. Section 9 replaced 65
9. Meaning of reportable offence 65
71. Part 2 Division 1A heading inserted 67
Division 1A -- Offender reporting orders
72. Section 13 amended 67
73. Part 2 Divisions 1B and 1C inserted 68
Division 1B -- Juvenile offender reporting orders
14B. Juvenile offender reporting orders 68
14C. Revoking juvenile offender reporting
orders 70
14D. Consent orders 71
Division 1C -- Juvenile offender exemption orders
14E. Juvenile offender exemption orders 72
14F. Consent orders 74
74. Section 14 amended 74
75. Section 15 amended 75
76. Sections 15A and 15B inserted 75
15A. Court may make past offender reporting
orders 75
15B. Consent orders 77
77. Part 2 Division 3 inserted 77
Division 3 -- General matters relating to reporting
orders made under this Part
15C. Terms used 77
15D. Persons who may act on behalf of
offender who is child 79
78. Section 16 amended 79
page v
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
79. Section 17 amended 80
80. Section 18 amended 80
81. Sections 19 and 20A deleted 81
82. Section 20 amended 81
83. Section 21 amended 82
84. Section 22 amended 83
85. Section 26 amended 85
86. Section 46 amended 85
87. Section 47 amended 86
88. Section 90 amended 86
89. Section 110A amended 86
90. Section 112 amended 87
91. Part 7 Division 3 Subdivision 3 inserted 87
Subdivision 3 -- Stage 2 transitional provisions
127. Term used: commencement day 87
128. Juvenile offender reporting orders in
relation to offenders not sentenced before
commencement day 87
129. Reportable offences sentenced before
commencement day 88
130. Reporting period in relation to person who
was reportable offender or committed
offence before commencement day 89
131. Reportable offender who committed
offence as child in foreign jurisdiction
before commencement day 89
132. Past offender reporting orders made
before commencement day 90
133. Application to person not sentenced
before commencement day 90
134. Application of powers in relation to person
who was reportable offender before
commencement day 90
Division 2 -- Consequential amendments to
other Acts
Subdivision 1 -- Children's Court of Western
Australia Act 1988 amended
92. Act amended 91
93. Section 40A inserted 91
40A. Review by President of certain decisions
under Community Protection (Offender
Reporting) Act 2004 91
page vi
Community Protection (Offender Reporting) Amendment Bill 2024
Contents
Subdivision 2 -- Criminal Investigation (Identifying
People) Act 2002 amended
94. Act amended 93
95. Section 68B amended 93
Subdivision 3 -- Sentencing Act 1995 amended
96. Act amended 93
97. Section 21 amended 93
98. Section 124A replaced 94
124A. Section 123 applies to certain orders
under Community Protection (Offender
Reporting) Act 2004 94
Subdivision 4 -- Young Offenders Act 1994 amended
99. Act amended 94
100. Section 47 amended 94
Part 4 -- Stage 3 amendments --
reporting location
101. Act amended 95
102. Part 3 Division 2 Subdivision 3 inserted 95
Subdivision 3 -- Reporting location on request
33E. Reportable offender to report location as
required by Commissioner 95
33F. Regulations may prescribe that notice to
report location is taken to be received in
certain circumstances and other matters 96
103. Part 7 Division 3 Subdivision 4 inserted 98
Subdivision 4 -- Stage 3 transitional
provisions
135. Term used: commencement day 98
136. Notifying reporting obligations before
commencement day 98
137. Reporting obligations in relation to person
who was reportable offender before
commencement day 99
138. Application to person not sentenced
before commencement day 99
139. Application of powers in relation to person
who was reportable offender before
commencement day 99
page vii
Western Australia
LEGISLATIVE ASSEMBLY
Community Protection (Offender Reporting)
Amendment Bill 2024
A Bill for
An Act to amend the Community Protection (Offender Reporting)
Act 2004 and to make consequential amendments to various Acts.
The Parliament of Western Australia enacts as follows:
page 1
Community Protection (Offender Reporting) Amendment Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Community Protection (Offender Reporting)
4 Amendment Act 2024.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 3
1 Part 2 -- Stage 1 amendments -- general
2 Division 1 -- Community Protection (Offender Reporting)
3 Act 2004 amended
4 3. Act amended
5 This Division amends the Community Protection (Offender
6 Reporting) Act 2004.
7 4. Section 3 amended
8 (1) In section 3 insert in alphabetical order:
9
10 electronic device means any device capable of storing
11 or accessing electronic data;
12 immigration detention --
13 (a) includes immigration detention as defined in
14 the Migration Act 1958 (Commonwealth)
15 section 5(1); but
16 (b) does not include detention during a period
17 when a person undertakes the detention in the
18 community;
19 Example for this definition:
20 For the purposes of paragraph (b) -- detention of a person
21 subject to a residence determination under the Migration
22 Act 1958 (Commonwealth) section 197AB(1).
23 non-intimate identifying procedure has the meaning
24 given in the Criminal Investigation (Identifying
25 People) Act 2002 section 3(1);
26 premises includes part of premises;
27 prescribed means prescribed by regulations made
28 under this Act;
29 reportable contact has the meaning given in
30 section 4A;
page 3
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 4
1 reportable contact details has the meaning given in
2 section 4B;
3 reporting order means any of the following --
4 (a) an offender reporting order;
5 (b) a past offender reporting order;
6 Note for this definition:
7 For the purposes of paragraph (a) -- an offender reporting
8 order includes a corresponding offender reporting order.
9 senior police officer means a police officer of, or
10 acting in, the rank of sergeant or a higher rank;
11 WA Police has the meaning given in the Criminal
12 Investigation (Identifying People) Act 2002
13 section 3(1);
14
15 (2) In section 3 in the definition of government custody:
16 (a) in paragraph (b) delete "paragraph (a);" and insert:
17
18 paragraph (a); or
19
20 (b) after paragraph (b) insert:
21
22 (c) immigration detention under a law of a foreign
23 jurisdiction;
24
25 (3) In section 3 in the definition of offender reporting order after
26 "section 13" insert:
27
28 or 14A
29
page 4
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 5
1 (4) In section 3 in the definition of strict government custody after
2 "custody as a" insert:
3
4 person in immigration detention, as a
5
6 5. Sections 4A and 4B inserted
7 After section 4 insert:
8
9 4A. Meaning of reportable contact
10 (1) A reportable offender has reportable contact with a
11 child if the offender has contact with the child when
12 the offender --
13 (a) supervises or cares for the child; or
14 (b) visits or stays at a household where the child is
15 present; or
16 (c) gives their contact details to the child or
17 receives the child's contact details; or
18 (d) befriends or attempts to befriend the child.
19 (2) For the purposes of this section, contact with a child by
20 a reportable offender includes any of the following --
21 (a) the offender having physical contact with the
22 child;
23 (b) the offender being in very close physical
24 proximity to the child;
25 (c) the offender communicating with the child
26 (including oral or written communication or
27 communication that takes place by mail, in
28 person, by telephone or by electronic means).
page 5
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 5
1 Examples for this subsection:
2 For the purposes of paragraph (c), electronic means
3 includes internet, email, messaging service, chat room,
4 social networking site, message board.
5 4B. Meaning of reportable contact details
6 (1) For the purposes of this Act, reportable contact details,
7 in relation to a reportable offender's reportable contact
8 or likely reportable contact with a child, are --
9 (a) the name, age and residential address (if
10 known) and any other known contact details of
11 each child with whom the offender has
12 reportable contact or is likely to have reportable
13 contact; and
14 (b) the name and residential address (if known) and
15 any other known contact details of each parent
16 or guardian of each child referred to in
17 paragraph (a); and
18 (c) details related to the reportable contact or likely
19 reportable contact with the child referred to in
20 paragraph (a).
21 (2) For the purposes of this section, details related to
22 reportable contact or likely reportable contact with a
23 child by a reportable offender are --
24 (a) a description of the type of contact the offender
25 has with the child or is likely to have with the
26 child; and
27 (b) whether the contact occurs or is likely to occur
28 when the offender --
29 (i) supervises or cares for the child; or
30 (ii) visits or stays at a household where the
31 child is present; or
32 (iii) gives their contact details to the child or
33 receives the child's contact details; or
page 6
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 6
1 (iv) befriends or attempts to befriend the
2 child;
3 and
4 (c) any other prescribed details relating to the
5 contact or likely contact.
6 Examples for this subsection:
7 For the purposes of paragraph (a) -- whether the contact
8 involves or is likely to involve physical contact with the child,
9 being in very close proximity to the child, or communication
10 with the child (including communication by mail, in person,
11 by telephone or by electronic means).
12 For the purposes of paragraph (c) -- frequency of contact.
13 6. Section 6 amended
14 (1) In section 6(1) delete "subsections (4) and (5)," and insert:
15
16 subsections (4), (5) and (5A),
17
18 (2) After section 6(5) insert:
19
20 (5A) If a reporting order is made in relation to an offence
21 committed by a person after the person is sentenced for
22 the offence, the person is taken to be a reportable
23 offender when the order is made rather than when the
24 person is sentenced for the offence.
25
26 (3) In section 6(7) delete "offender reporting order or past offender
27 reporting order." and insert:
28
29 reporting order.
30
page 7
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 7
1 7. Section 14 amended
2 (1) In section 14 delete the definition of reporting order.
3 (2) In section 14 in the definitions of registrar and respondent
4 delete "reporting order" (each occurrence) and insert:
5
6 past offender reporting order
7
8 8. Section 16 amended
9 In section 16 delete "reporting order" and insert:
10
11 past offender reporting order
12
13 9. Section 18 amended
14 In section 18(a) delete "reporting order; or" and insert:
15
16 past offender reporting order; or
17
18 10. Section 20A amended
19 In section 20A(2) delete "reporting order" and insert:
20
21 past offender reporting order
22
23 11. Section 21 amended
24 In section 21 delete "reporting order" and insert:
25
26 past offender reporting order
27
page 8
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 12
1 12. Section 22 amended
2 In section 22(1)(b) delete "reporting order" and insert:
3
4 past offender reporting order
5
6 13. Section 24 amended
7 In section 24(2A) delete "an offender reporting order or a past
8 offender reporting order" and insert:
9
10 a reporting order
11
12 14. Section 25 amended
13 After section 25(1)(a) insert:
14
15 (aa) if the offence results in the making of a
16 reporting order that is not made at the time of
17 sentencing for the offence - within 7 days after
18 the order is made; or
19
20 15. Section 26 amended
21 (1) In section 26(1):
22 (a) before paragraph (daa) insert:
23
24 (cb) details of each foreign citizenship that the
25 offender holds (if any), including the name of
26 the country for which it is held; and
27
page 9
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 15
1 (b) in paragraph (daa) delete "any passport that" and insert:
2
3 each passport that
4
5 (c) in paragraph (daa) delete "holds," and insert:
6
7 holds (if any),
8
9 (d) delete paragraph (d) and insert:
10
11 (d) the address of each of the following --
12 (i) each premises at which the offender
13 generally resides or, if they do not
14 generally reside at any particular
15 premises, the name of each of the
16 localities in which they can generally be
17 found;
18 (ii) each other premises (including a storage
19 facility), if any, owned or rented by the
20 offender or of which the offender has
21 control or management;
22 and
23
24 (e) in paragraph (da) delete "any" and insert:
25
26 each
27
28 (f) in paragraph (db) delete "any email address" and insert:
29
30 each email address (if any)
31
page 10
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 15
1 (g) in paragraph (dc) delete "any" and insert:
2
3 each
4
5 (h) delete paragraphs (dd) and (de) and insert:
6
7 (dd) each name (other than a name reported under
8 paragraph (a)), if any, that the offender uses, or
9 by which the offender is known, when using
10 each of the following (if any) --
11 (i) the internet for the purposes of
12 communication;
13 (ii) an electronic communication service;
14 (iii) an incidental communication
15 application;
16 and
17 (de) the name or URL of each of the following (if
18 any) in connection with which the offender uses
19 a name referred to in paragraph (a) or (dd) or an
20 email address referred to in paragraph (db) --
21 (i) a website;
22 (ii) an electronic communication service;
23 (iii) an incidental communication
24 application;
25 and
26
27 (i) in paragraph (df) delete "any user name, code, password
28 or other information" and insert:
29
30 each user name, code, password or other information
31 (if any)
32
page 11
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 15
1 (j) in paragraph (df)(ii) delete "a communication service
2 referred to in paragraph (de);" and insert:
3
4 an electronic communication service referred to in
5 paragraph (de); or
6
7 (k) after paragraph (df)(ii) insert:
8
9 (iii) an incidental communication
10 application referred to in
11 paragraph (de);
12
13 (l) delete paragraphs (e) and (fa) and insert:
14
15 (e) reportable contact details of each reportable
16 contact (if any) the offender --
17 (i) has with a child; or
18 (ii) is likely to have with a child within the
19 period of 12 months after the day on
20 which the report is made;
21 and
22
23 (m) in paragraph (g) delete "any club or organisation" and
24 insert:
25
26 each club or organisation (if any)
27
28 (n) in paragraph (h) delete "any motor vehicle" and insert:
29
30 each motor vehicle (if any)
31
page 12
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 15
1 (o) in paragraph (i) delete "any tattoos or permanent
2 distinguishing marks" and insert:
3
4 each tattoo or permanent distinguishing mark
5
6 (p) in paragraph (i) delete "any tattoo or mark that has been
7 removed); and" and insert:
8
9 each tattoo or mark that has been removed) if any; and
10
11 (q) in paragraph (l)(ii) delete "travel." and insert:
12
13 travel;
14
15 (r) after paragraph (l) insert:
16
17 and
18 (m) the name of each authorised deposit-taking
19 institution, as defined in the Banking Act 1959
20 (Commonwealth) section 5(1), or other
21 prescribed financial service provider, with
22 which the offender has an account or dealings;
23 and
24 (n) any other prescribed information.
25
26 (2) In section 26(2):
27 (a) in paragraph (a) delete "reside at" and insert:
28
29 reside at, own, rent, control or manage
30
page 13
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 16
1 (b) in paragraph (a) delete "resides at" and insert:
2
3 (as the case requires) resides at, owns, rents, controls or
4 manages
5
6 (c) in paragraph (a) delete "7" and insert:
7
8 3
9
10 (d) delete paragraphs (b) to (db);
11 (e) in paragraphs (d) and (e) delete "7" and insert:
12
13 3
14
15 (3) After section 26(4) insert:
16
17 (5) For the purposes of subsection (1)(dd), (de) or (df), an
18 incidental communication application includes
19 software, an application or an electronic device that
20 may be used for communication or that has
21 communication as an incidental function.
22 Example for this subsection:
23 Computer games or consoles.
24
25 16. Part 3 Division 2 Subdivision 1 heading inserted
26 At the beginning of Part 3 Division 2 insert:
27
28 Subdivision 1 -- General
29
page 14
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 17
1 17. Section 29 amended
2 (1) Delete section 29(1)(a) and (b) and insert:
3
4 (a) if the change relates to any of the details
5 referred to in section 26(1)(d), within 24 hours
6 after the change occurs; or
7 (b) if the change relates to any of the details
8 referred to in section 26(1)(f) or (h), within
9 3 days after the change occurs; or
10 (c) otherwise, within 7 days after the change
11 occurs.
12
13 (2) Delete section 29(2) and insert:
14
15 (2) For the purposes of subsection (1), a change occurs on
16 the expiry of the 3 day period referred to in
17 section 26(2)(a), (d) or (e) in relation to --
18 (a) the premises that the reportable offender resides
19 at, owns, rents, controls or manages; or
20 (b) the premises where the reportable offender is
21 generally employed; or
22 (c) the motor vehicle that the reportable offender
23 generally drives.
24
25 (3) After section 29(5) insert:
26
27 (6) Despite a reporting obligation in this section, a
28 reportable offender is not required to report a change
29 under this section that relates to reportable contact with
30 a child referred to in section 26(1)(e).
page 15
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 18
1 Note for this subsection:
2 A reportable offender's ongoing obligations in relation to
3 reportable contact with a child are provided under
4 section 33A.
5
6 18. Part 3 Division 2 Subdivision 2 inserted
7 At the end of Part 3 Division 2 insert:
8
9 Subdivision 2 -- Reportable contact with child
10 33A. Ongoing reporting of reportable contact with child
11 If a reportable offender has reportable contact with a
12 child, the reportable offender must report to the
13 Commissioner the following details within 24 hours
14 after each reportable contact with the child occurs
15 unless the offender is exempt from reporting reportable
16 contact with the child --
17 (a) reportable contact details of the reportable
18 contact;
19 (b) reportable contact details of any likely
20 reportable contact with the child within the
21 period of 12 months after the day on which the
22 report is given.
23 33B. Exemption from ongoing reporting of reportable
24 contact with child
25 (1) The Commissioner may, by written notice, exempt a
26 reportable offender from the requirement to report
27 reportable contact with a child under section 33A if the
28 offender has given reportable contact details in relation
29 to reportable contact and likely reportable contact with
30 the child to the Commissioner.
page 16
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 18
1 (2) In deciding whether to grant an exemption, the
2 Commissioner must take into account the following --
3 (a) whether the reportable offender normally lives
4 with the child;
5 (b) how frequently the reportable offender has
6 reportable contact, or is likely to have
7 reportable contact, with the child;
8 (c) the nature of the reportable contact with the
9 child;
10 (d) any other matter the Commissioner considers
11 relevant.
12 (3) The exemption has effect from the time the notice
13 under subsection (1) is given to the offender or from
14 any later date specified in the notice.
15 (4) The Commissioner may revoke a reportable offender's
16 exemption at any time by giving written notice to the
17 offender.
18 (5) The revocation has effect from the time the notice is
19 given to the offender under subsection (4).
20 (6) This section is in addition to, and does not limit, any
21 other provision which provides for an exemption or
22 suspension of a reporting obligation.
23 33C. When exemptions end
24 (1) A reportable offender's exemption under section 33B
25 ceases to have effect when --
26 (a) at any time after the exemption is granted, the
27 offender --
28 (i) is made subject to a reporting order or a
29 protection order; or
30 (ii) is found guilty of a reportable offence;
31 or
page 17
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 18
1 (iii) becomes a corresponding reportable
2 offender who must under section 49
3 continue to comply with the reporting
4 obligations imposed by this Part for any
5 period; or
6 (iv) is given a notice under section 33B(4);
7 or
8 (b) the reportable contact details given by the
9 offender to the Commissioner for the
10 exemption have changed since they were given
11 or are not accurate.
12 (2) An exemption that ceased to have effect in accordance
13 with subsection (1) is revived if --
14 (a) the finding of guilt that caused the approval to
15 cease to have effect is quashed or set aside by a
16 court; or
17 (b) the approval ceased to have effect in
18 accordance with subsection (1)(a)(i) and --
19 (i) the reporting order or protection order is
20 quashed on appeal; or
21 (ii) in the case of a reporting order -- the
22 finding of guilt in respect of the offence
23 that resulted in the making of that order
24 is quashed or set aside by a court.
25 (3) For the purposes of this section, it is irrelevant whether
26 or not a person may lodge, or has lodged, an appeal in
27 respect of a finding of guilt or a reporting order or
28 protection order.
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s. 19
1 33D. Reporting of reportable contact with child ceasing
2 for 60 days
3 (1) This section applies if --
4 (a) a reportable offender has an exemption under
5 section 33B from reporting reportable contact
6 with a child under section 33A; and
7 (b) the offender does not have reportable contact
8 with the child for a period (the non-contact
9 period) of 60 consecutive days beginning on
10 the day after the day on which the offender's
11 last reportable contact with the child occurred.
12 (2) The reportable offender must report the following to
13 the Commissioner within 1 day after the end of the
14 non-contact period --
15 (a) the name of the child;
16 (b) details about why the reportable contact has
17 stopped for the non-contact period.
18
19 19. Section 34 amended
20 In section 34(2) delete "permitted" and insert:
21
22 permitted or required
23
24 20. Section 35 amended
25 (1) Delete section 35(1).
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 20
1 (2) Delete section 35(2) and insert:
2
3 (2) A reportable offender must make a report --
4 (a) if the report is required under this Part to be
5 made in a certain manner -- in the manner
6 required under this Part; or
7 (b) if the report is not required under this Part to be
8 made in a certain manner -- in any of the
9 following ways --
10 (i) in person;
11 (ii) in any way prescribed;
12 (iii) in any way permitted by the
13 Commissioner in a particular case, for a
14 class of cases or for all cases.
15
16 (3) In section 35(3) delete "Part." and insert:
17
18 Part unless the report is made electronically --
19 (a) in accordance with the regulations; or
20 (b) in a way permitted by the Commissioner under
21 subsection (2)(b)(iii).
22
23 (4) Delete section 35(5) and insert:
24
25 (5) If a reportable offender is permitted or required to
26 make a report otherwise than in person in accordance
27 with subsection (2), any of the following may make a
28 report on the offender's behalf --
29 (a) if the offender has a disability that makes it
30 impossible or impracticable for them to make
31 the report -- a parent, guardian, carer or other
32 person nominated by the offender;
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Community Protection (Offender Reporting) Amendment Bill 2024
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Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 21
1 (b) if the offender has a guardian under the
2 Guardianship and Administration Act 1990 --
3 the guardian.
4
5 21. Section 37 amended
6 (1) In section 37(1) delete "As soon as is practicable after receiving
7 a report under Division 1, the authorised person receiving the
8 report" and insert:
9
10 Subject to subsection (3C) as soon as is practicable after
11 receiving a report under this Part, an authorised person
12
13 (2) In section 37(2) delete "The" and insert:
14
15 If a report under this Part is made in person, the
16
17 (3) In section 37(3) delete "If a report under this Part is made
18 otherwise than in person, the authorised person who received
19 the report" and insert:
20
21 Subject to subsection (3C) if a report under this Part is made
22 otherwise than in person, an authorised person
23
24 (4) In section 37(3)(b) delete "and, if applicable," and insert:
25
26 and
27
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 22
1 (5) After section 37(3) insert:
2
3 (3A) If a report under this Part is made electronically, any
4 unique reference number or acknowledgment required
5 to be given by this section may be given electronically.
6 (3B) The regulations may prescribe the manner in which a
7 unique reference number or acknowledgment may be
8 given electronically under subsection (3A).
9 (3C) If a report is made electronically by a person, it may be
10 received by an automated system and an automated
11 system may give an acknowledgement including a
12 unique reference number to the person.
13
14 22. Section 40A inserted
15 After section 40 insert:
16
17 40A. Power to obtain DNA profiles
18 (1) In this section --
19 forensic database has the meaning given in the
20 Criminal Investigation (Identifying People) Act 2002
21 section 61.
22 (2) This section applies if an authorised person reasonably
23 suspects a reportable offender's DNA profile is not
24 held, or may not be held, by the WA Police or in a
25 forensic database.
26 (3) An authorised person receiving a report made in person
27 under this Part may require the reportable offender to
28 submit to a non-intimate identifying procedure for the
29 purpose of obtaining the offender's DNA profile.
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 23
1 (4) The non-intimate identifying procedure for the purpose
2 of obtaining the reportable offender's DNA profile
3 must be done in accordance with the Criminal
4 Investigation (Identifying People) Act 2002 Part 8
5 (other than section 54(1)).
6 (5) This section applies despite the Criminal Investigation
7 (Identifying People) Act 2002 section 11(3).
8
9 23. Section 41 amended
10 (1) In section 41(1):
11 (a) delete "39 or 40(1)," and insert:
12
13 39, 40 or 40A,
14
15 (b) delete paragraph (a) and insert:
16
17 (a) of the purpose for which the power is to be
18 exercised and --
19 (i) in the case of section 39, why the
20 authorised person is not satisfied as to
21 the identity of the offender; or
22 (ii) in the case of section 40A, why the
23 authorised person reasonably suspects
24 the offender's DNA profile is not held,
25 or may not be held, by the WA Police or
26 in a forensic database;
27 and
28
29 (c) in paragraph (b) delete "fingerprints or" and insert:
30
31 fingerprints,
32
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 23
1 (d) in paragraph (b) after "body" insert:
2
3 or submit to a non-intimate identifying procedure being
4 done on the offender
5
6 (e) in paragraph (c) delete "Commissioner." and insert:
7
8 Commissioner or the DNA profile will be retained in
9 accordance with the law.
10
11 (2) In section 41(2):
12 (a) delete "police officer of or above the rank of sergeant,"
13 and insert:
14
15 senior police officer,
16
17 (b) delete the passage that begins "officer or" and ends with
18 "may" and insert:
19
20 officer may
21
22 (c) in paragraph (b) delete "photographed." and insert:
23
24 photographed; or
25
26 (d) after paragraph (b) insert:
27
28 (c) to carry out a non-intimate identifying
29 procedure on the reportable offender for the
30 purpose of obtaining the offender's DNA
31 profile.
32
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 24
1 (3) In section 41(3) delete "under section 39 or 40(1)," and insert:
2
3 in relation to section 39, 40 or 40A,
4
5 (4) After section 41(3) insert:
6
7 (4) This section applies despite the Criminal Investigation
8 (Identifying People) Act 2002 section 11(3).
9 Note for this section
10 A police officer may authorise as many other persons to
11 assist in the exercise of the police officer's powers under
12 this Act as are reasonably necessary in the circumstances
13 (see section 109A).
14
15 Note: The heading to amended section 41 is to read:
16 Reasonable force may be used to obtain DNA profiles,
17 fingerprints and photographs
18 24. Section 42 amended
19 At the end of section 42 insert:
20
21 Note for this section:
22 A reportable offender's DNA profile obtained under this
23 Division may be dealt with under the Criminal Investigation
24 (Identifying People) Act 2002 section 68B.
25
26 25. Sections 43A and 43B inserted
27 At the end of Part 3 Division 3 insert:
28
29 43A. Time for reporting
30 If a reportable offender is required to report to the
31 Commissioner under this Part, the Interpretation
page 25
Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 26
1 Act 1984 section 61(e) and (h) do not apply to extend
2 the time by which the report must be made.
3 43B. Powers additional
4 The powers that a police officer may exercise under
5 this Division are in addition to, and do not limit, the
6 powers that a police officer has under this Act or any
7 other law.
8
9 26. Section 45 amended
10 In section 45:
11 (a) delete "reportable offender --" and insert:
12
13 latest of the following occurs --
14
15 (b) delete paragraph (a) and insert:
16
17 (a) the reportable offender is sentenced for the
18 offence;
19
20 (c) in paragraph (b) before "ceases" insert:
21
22 the reportable offender
23
24 (d) in paragraph (b) delete "offence," and insert:
25
26 offence;
27
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 27
1 (e) after paragraph (b) insert:
2
3 (c) a reporting order is made in respect of the
4 offence.
5
6 (f) delete "whichever is the later.".
7 27. Section 46 amended
8 (1) After section 46(2)(a) insert:
9
10 (aa) has only ever been found guilty of 2 Class 2
11 offences; or
12
13 (2) Delete section 46(4).
14 28. Section 61 amended
15 (1) Delete section 61(1).
16 (2) Delete section 61(2) and insert:
17
18 (2) The Commissioner may approve a suspension of a
19 reportable offender's reporting obligations.
20 (2A) The Commissioner may approve the suspension only if
21 the Commissioner is satisfied that the reportable
22 offender does not pose a risk to the lives or the sexual
23 safety of 1 or more persons, or persons generally.
24
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 29
1 29. Section 62 amended
2 (1) In section 62(1)(a) delete "an offender reporting order, a past
3 offender reporting order" and insert:
4
5 a reporting order
6
7 (2) In section 62(2):
8 (a) in paragraph (b)(i) delete "offender reporting order, past
9 offender reporting order" and insert:
10
11 reporting order
12
13 (b) in paragraph (b)(ii) delete "an offender reporting order
14 or past offender reporting order --" and insert:
15
16 a reporting order --
17
18 (3) In section 62(3) delete "an offender reporting order, past
19 offender reporting order" and insert:
20
21 a reporting order
22
23 30. Section 63 amended
24 In section 63(1):
25 (a) in the Penalty delete "Penalty:" and insert:
26
27 Penalty for this subsection:
28
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 31
1 (b) delete the Summary conviction penalty and insert:
2
3 Summary conviction penalty for this subsection:
4 imprisonment for 2 years and a fine of $24 000.
5
6 31. Section 64 amended
7 In section 64 delete the Summary conviction penalty and insert:
8
9 Summary conviction penalty: imprisonment for 2 years
10 and a fine of $24 000.
11
12 32. Section 67 amended
13 (a) In section 67(2) delete "section" and insert:
14
15 section, as the case requires,
16
17 (b) In section 67(2)(a) delete "offence; or" and insert:
18
19 offence or is made subject to a reporting order; or
20
21 33. Section 80C amended
22 (1) In section 80C(1) delete the Penalty and insert:
23
24 Penalty for this subsection: imprisonment for 2 years and a fine
25 of $24 000.
26
27 (2) In section 80C(2) delete the Penalty and insert:
28
29 Penalty for this subsection: imprisonment for 2 years and a fine
30 of $24 000.
31
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 34
1 34. Section 81 amended
2 (1) Delete section 81(1) to (4) and insert:
3
4 (1) The Commissioner may authorise a person or class of
5 persons to access the Register, or any part of the
6 Register, for the administration of this Act.
7 (2) The Commissioner must ensure that the Register, or
8 any part of the Register, is only accessed by a person
9 who is authorised to access the Register under --
10 (a) subsection (1); or
11 (b) another enactment.
12
13 (2) Delete section 81(6).
14 35. Section 82 amended
15 (1) Before section 82(1) insert:
16
17 (1A) In this section --
18 agency official means any of the following --
19 (a) a person appointed or employed under a written
20 law or a law of the Commonwealth, another
21 State or a Territory;
22 (b) the chief executive officer of an agency, as
23 defined in the Public Sector Management
24 Act 1994 section 3(1), or a person employed in
25 that agency;
26 (c) an Agency Head, as defined in the Public
27 Service Act 1999 (Commonwealth) section 7, or
28 an APS employee of the Agency Head's
29 Agency as defined in that section of that Act;
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Community Protection (Offender Reporting) Amendment Bill 2024
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s. 35
1 (d) the chief executive officer, however designated,
2 of a department of a Territory or another State
3 or a person employed in that department;
4 APS employee has the meaning given in the Public
5 Service Act 1999 (Commonwealth) section 7.
6
7 (2) In section 82(1):
8 (a) delete "must not, directly or indirectly, record, disclose,
9 or make use of " and insert:
10
11 commits a crime if the person discloses
12
13 (b) in paragraph (c) after "purpose of " insert:
14
15 an investigation or
16
17 (c) in paragraph (c) delete "Act; or" and insert:
18
19 Act or another written law; or
20
21 (d) after paragraph (c) insert:
22
23 (ca) in making a disclosure to a police officer for
24 law enforcement purposes; or
25 (cb) in making a disclosure to a prescribed agency
26 official or class of agency official for any of the
27 following purposes --
28 (i) law enforcement;
29 (ii) the protection and welfare of children;
30 (iii) the assessment and management of
31 reportable offenders;
32 or
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 35
1 (cd) if the disclosure is by the Commissioner and
2 the Commissioner considers the disclosure is in
3 the public interest; or
4
5 (e) in paragraph (da) delete "order; or" and insert:
6
7 order or reporting order; or
8
9 (3) In section 82(1) in the Penalty:
10 (a) delete "Penalty:" and insert:
11
12 Penalty for this subsection:
13
14 (b) in paragraph (a) delete "recording, disclosing or making
15 use of" and insert:
16
17 disclosing
18
19 (c) in paragraph (a) delete "recording, disclosure or use"
20 and insert:
21
22 disclosure
23
24 (d) in paragraph (a) delete "a fine of $60 000 and
25 imprisonment for 10 years;" and insert:
26
27 imprisonment for 10 years and a fine of $120 000;
28
29 (e) in paragraph (b) delete "recording, disclosing or making
30 use of" and insert:
31
32 disclosing
33
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 36
1 (f) in paragraph (b) delete "recording, disclosure or use"
2 and insert:
3
4 disclosure
5
6 (g) in paragraph (b) delete "a fine of $30 000 and
7 imprisonment for 5 years;" and insert:
8
9 imprisonment for 5 years and a fine of $60 000;
10
11 (h) delete paragraph (c) and insert:
12
13 (c) in any other case --
14 (i) for a summary conviction --
15 imprisonment for 2 years and a fine of
16 $24 000;
17 (ii) otherwise -- imprisonment for 3 years
18 and a fine of $36 000.
19
20 (4) Delete section 82(2).
21 36. Section 82A inserted
22 After section 82 insert:
23
24 82A. Delegation by Commissioner
25 The Commissioner may delegate under section 110 a
26 power of the Commissioner under section 82(1)(cd)
27 only to --
28 (a) a police officer of, or acting in, the rank of
29 inspector or a higher rank; or
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 37
1 (b) a person employed in a prescribed position in
2 the department of the Public Service principally
3 assisting the Minister in the administration of
4 this Act.
5
6 37. Section 85A amended
7 In section 85A insert in alphabetical order:
8
9 photograph includes a digital image;
10
11 38. Section 85B amended
12 In section 85B delete "Commissioner under Division 2 only to a
13 police officer who holds or is acting in the office of Deputy
14 Commissioner or Assistant Commissioner." and insert:
15
16 Commissioner --
17 (a) under section 85J only to a police officer of, or
18 acting in, the rank of inspector or a higher rank;
19 or
20 (b) under Division 2 (other than section 85J) only
21 to a police officer who holds or is acting in the
22 office of Deputy Commissioner or Assistant
23 Commissioner.
24
25 39. Section 85G amended
26 (1) In section 85G(1) delete the definition of photograph.
27
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Community Protection (Offender Reporting) Amendment Bill 2024
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Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 40
1 (2) Delete section 85G(2)(c) and insert:
2
3 (c) if --
4 (i) the person has been found guilty of an
5 offence punishable by imprisonment for
6 5 years or more; and
7 (ii) the publication is authorised by the
8 Minister under section 85GB.
9
10 (3) Delete section 85G(5) to (8).
11 40. Sections 85GA and 85GB inserted
12 After section 85G insert:
13
14 85GA. Notice to give address and photograph to
15 Commissioner
16 (1) This section applies if --
17 (a) the Commissioner proposes to publish the
18 photograph and locality of a person under
19 section 85G(2) and the person is not a
20 reportable offender; or
21 (b) the Commissioner --
22 (i) has published the photograph and
23 locality of a person under
24 section 85G(2) and the person is not a
25 reportable offender; and
26 (ii) reasonably believes the person's
27 appearance or address has changed
28 since their photograph or address was
29 last given to the Commissioner.
page 35
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 40
1 (2) The Commissioner may, by written notice, require the
2 person to give any of the following (the information)
3 to the Commissioner in accordance with the notice --
4 (a) the address of each of the premises at which the
5 person generally resides;
6 (b) if a person does not generally reside at any
7 particular premises, the name of each of the
8 localities in which the person can generally be
9 found;
10 (c) a current photograph of the person's head and
11 face of a type suitable for use in an Australian
12 passport.
13 (3) A notice under subsection (2) may require a person to
14 do 1 or more of the following --
15 (a) to give their address and photograph by post,
16 email or by other electronic means;
17 (b) to attend in person at a certain time and place to
18 give their address to, and have their photograph
19 taken by, an authorised person.
20 (4) A person given written notice under subsection (2)
21 must comply with the requirement to give the
22 information in accordance with the notice.
23 Penalty for this subsection: imprisonment for 2 years
24 and a fine of $24 000.
25 85GB. Authorisation by Minister to publish photograph
26 and locality in relation to certain offences
27 (1) On application from the Commissioner, the Minister
28 may authorise the publication under
29 section 85G(2)(c)(ii) of a photograph and locality of a
30 person referred to in section 85G(2)(c)(i) if satisfied
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 40
1 that the person poses a risk to the lives or the sexual
2 safety of 1 or more persons, or persons generally.
3 (2) An authorisation cannot be for a period greater than
4 5 years.
5 (3) For the purposes of subsection (1), it is not necessary
6 that the Minister is able to identify a risk to a particular
7 person or particular persons or a particular class of
8 persons.
9 (4) In determining whether to authorise publication under
10 subsection (1), the Minister may take into account the
11 following --
12 (a) any medical, psychiatric, psychological or other
13 assessment relating to the person;
14 (b) any information indicating whether or not the
15 person is likely to commit a prescribed offence,
16 as defined in section 85G(1), in the future;
17 (c) whether or not there is any pattern of offending
18 behaviour on the part of the person;
19 (d) the person's antecedents and the seriousness of
20 the person's total criminal record;
21 (e) the person's age and the age of any victims of
22 any offences committed by the person at the
23 time those offences were committed;
24 (f) the difference in age between the person and
25 any victims of those offences;
26 (g) any other matter the Minister considers
27 relevant.
28 (5) The Commissioner must provide with an application
29 under subsection (1) any information available to the
30 Commissioner that is relevant to the Minister's
31 determination whether to authorise publication.
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 41
1 (6) The fact that an offence in respect of which a person
2 has been found guilty becomes spent does not affect
3 the consideration of the offence as part of the person's
4 total criminal record for the purposes of
5 subsection (4)(d).
6 (7) The Minister may --
7 (a) revoke an authorisation; or
8 (b) make further authorisations, each of no more
9 than 5 years in duration, in respect of a person
10 for whom an authorisation has previously been
11 made.
12
13 41. Section 85H amended
14 After section 85H(3) insert:
15
16 (4) The Commissioner must, as soon as is practicable,
17 remove a photograph and locality of a person from the
18 website on which they are published if --
19 (a) the Commissioner has published the
20 photograph and the locality of the person under
21 section 85G(2)(c); and
22 (b) the authorisation in relation to the person is
23 revoked under section 85GB(7)(a) or expires.
24
25 42. Section 85J amended
26 (1) In section 85J(3):
27 (a) delete "regular unsupervised" and insert:
28
29 had reportable
30
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Community Protection (Offender Reporting) Amendment Bill 2024
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amended
s. 43
1 (b) delete "guardian." and insert:
2
3 guardian in the period of 12 months before the day on
4 which the application is made.
5
6 (2) Delete section 85J(4).
7 (3) In section 85J(5):
8 (a) delete "regular unsupervised" and insert:
9
10 had reportable
11
12 (b) delete "guardian," and insert:
13
14 guardian in the period of 12 months before the day on
15 which the application is made,
16
17 Note: The heading to amended section 85J is to read:
18 Commissioner may inform child's parent or guardian whether
19 specified person is reportable offender
20 43. Section 85K amended
21 (1) In section 85K(2):
22 (a) delete "the Commissioner determines" and insert:
23
24 the Commissioner or a delegate under section 85B
25 determines
26
27 (b) delete "liability attaches to the Commissioner" and
28 insert:
29
30 liability attaches to the Commissioner, a delegate under
31 section 85B, the Minister
32
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Community Protection (Offender Reporting) Amendment Bill 2024
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 44
1 (2) In section 85K(3) delete "the Commissioner" and insert:
2
3 the Commissioner or a delegate under section 85B
4
5 44. Section 85L amended
6 (1) In section 85L(4) in the Penalty delete "Penalty:" and insert:
7
8 Penalty for this subsection:
9
10 (2) In section 85L(6) in the Penalty delete "Penalty:" and insert:
11
12 Penalty for this subsection:
13
14 45. Section 85M amended
15 In section 85M(2) in the Penalty delete "Penalty:" and insert:
16
17 Penalty for this subsection:
18
19 46. Section 94B amended
20 (1) In section 94B(5) delete the Penalty and insert:
21
22 Penalty for this subsection: imprisonment for 2 years
23 and a fine of $24 000.
24
25 (2) In section 94B(7) in the Penalty delete "Penalty:" and insert:
26
27 Penalty for this subsection:
28
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
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amended
s. 47
1 47. Section 94C amended
2 (1) In section 94C(1) delete the definitions of computer and senior
3 police officer.
4 (2) In section 94C(1) in the definition of generally resides delete
5 "section 29A(1);" and insert:
6
7 section 29A(1).
8
9 (3) In section 94C(3)(a) and (b) delete "computer" and insert:
10
11 electronic device
12
13 (4) In section 94C(4):
14 (a) in paragraph (a) delete "a computer; or" and insert
15
16 an electronic device; or
17
18 (b) in paragraph (b) delete "a computer." and insert:
19
20 or accessed through an electronic device.
21
22 (5) In section 94C(4) delete the Penalty and insert:
23
24 Penalty for this subsection: imprisonment for 2 years
25 and a fine of $24 000.
26
page 41
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 48
1 (6) Delete section 94C(5) and insert:
2
3 (5) If a person is found guilty of an offence in relation to
4 an electronic device under 1 or more of the following
5 provisions, the electronic device is forfeited to the
6 State --
7 (a) under section 101(1) in relation to conduct of
8 the kind referred to in subsection (2) of this
9 section;
10 (b) under subsection (4).
11
12 (7) In section 94C(6) delete "a computer" and insert:
13
14 an electronic device
15
16 Note: The heading to amended section 94C is to read:
17 Authorised police officers may enter premises to inspect
18 electronic devices
19 48. Section 101 amended
20 (1) In section 101(1) in the Penalty delete "Penalty:" and insert:
21
22 Penalty for this subsection:
23
24 (2) In section 101(1) delete the Summary conviction penalty and
25 insert:
26
27 Summary conviction penalty for this subsection:
28 imprisonment for 2 years and a fine of $24 000.
29
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 49
1 49. Section 106 amended
2 In section 106(1) delete the Penalty and insert:
3
4 Penalty for this subsection: imprisonment for 2 years
5 and a fine of $24 000.
6
7 50. Part 5B inserted
8 After section 108 insert:
9
10 Part 5B -- Power to enter and search premises
11 and vehicles in relation to serious reportable
12 offenders
13 108A. Serious reportable offenders
14 (1) For the purposes of this Part, a reportable offender is a
15 serious reportable offender if --
16 (a) the offender's reporting period has not ended;
17 and
18 (b) the offender's reporting obligations are not
19 suspended under section 44, 53 or 61; and
20 (c) the offender has been sentenced for any of the
21 following --
22 (i) a single Class 1 offence;
23 (ii) a single Class 2 offence against The
24 Criminal Code section 204A, 204B(2),
25 204B(3), 217, 218, 219, 220, 320(6),
26 321(6) or 322(6);
page 43
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 50
1 (iii) a single offence under a law of a foreign
2 jurisdiction, the elements of which, if
3 they had occurred in Western Australia,
4 would have constituted an offence of a
5 kind referred to in subparagraph (ii);
6 (iv) a single prescribed offence under a law
7 of a foreign jurisdiction, the elements of
8 which are similar to an offence of a kind
9 referred to in subparagraph (ii);
10 (v) 2 or more reportable offences.
11 (2) For the purposes of subsection (1)(c)(v), 2 or more
12 offences arising from the same incident are to be
13 treated as a single offence.
14 108B. Restriction on exercise of powers under Part
15 A power under this Part must not be exercised unless it
16 is exercised --
17 (a) for the purpose of monitoring a serious
18 reportable offender's compliance with this Act;
19 and
20 (b) with the written approval of a police officer of,
21 or acting in, the rank of an inspector or a higher
22 rank.
23 108C. Additional police powers in relation to serious
24 reportable offenders may be exercised without
25 warrant
26 The powers that a police officer may exercise under
27 this Part --
28 (a) are in addition to, and do not limit, the powers
29 that a police officer has under this Act or any
30 other law; and
31 (b) may be exercised by a police officer without a
32 warrant.
page 44
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 50
1 108D. Use of force when exercising powers under this Part
2 (1) When exercising a power under this Part, a police
3 officer may use any force against any person or thing
4 that it is reasonably necessary to use in the
5 circumstances --
6 (a) to exercise the power; and
7 (b) to overcome any resistance to exercising the
8 power that is offered, or that the person
9 exercising the power suspects on reasonable
10 grounds will be offered, by any person.
11 (2) If under subsection (1) a police officer uses force, the
12 force may be of a kind that causes damage to the
13 property of another person.
14 (3) Any use of force under subsection (1) against a person
15 is subject to The Criminal Code Chapter XXVI.
16 108E. Entry to and search of premises and vehicles in
17 relation to serious reportable offenders
18 (1) A police officer may exercise 1 or more of the
19 following powers if the officer reasonably suspects
20 premises are occupied by, or under the management or
21 control of, a serious reportable offender --
22 (a) enter and search the premises, including
23 entering and searching a vehicle at the
24 premises;
25 (b) enter and search a vehicle occupied by, or
26 under the management or control of, a serious
27 reportable offender if the vehicle is parked in
28 the neighbourhood where the premises are
29 located.
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 50
1 (2) A police officer who enters or searches the premises or
2 the vehicle may do 1 or more of the following --
3 (a) inspect any electronic device that is at the
4 premises or in the vehicle;
5 (b) seize any electronic device at the premises or in
6 the vehicle and remove it from the premises or
7 vehicle for the purpose of inspecting it;
8 (c) require that the serious reportable offender
9 must remain at the premises or near the vehicle
10 for the duration of the entry and search of the
11 premises or vehicle.
12 (3) If a requirement is made under subsection (2)(c) to a
13 serious reportable offender, the offender must remain
14 at the premises or near the vehicle for the duration of
15 the entry and search of the premises or vehicle.
16 Penalty for this subsection: imprisonment for 2 years
17 and a fine of $24 000.
18 (4) The power given to search premises or a vehicle
19 includes the power to break open --
20 (a) any part of the premises or vehicle; or
21 (b) any thing at the premises or in the vehicle.
22 (5) If required by a police officer inspecting or seizing an
23 electronic device under subsection (2), a serious
24 reportable offender must do 1 or more of the following
25 as required by the police officer --
26 (a) provide the officer with any user name, code,
27 password or other information known to the
28 offender that is needed to gain access to the
29 electronic data --
30 (i) that is stored in the electronic device; or
31 (ii) that is accessed through the electronic
32 device;
page 46
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 50
1 (b) otherwise assist the officer to gain access to the
2 electronic data referred to in paragraph (a).
3 Penalty for this subsection: imprisonment for 2 years
4 and a fine of $24 000.
5 Example for this subsection:
6 For the purposes of paragraph (a)(ii) -- electronic data
7 stored on cloud storage.
8 (6) A police officer is authorised to use for the purposes of
9 this Part any user name, code, password or other
10 information provided under subsection (5) or reported
11 under Part 3 by a serious reportable offender.
12 (7) If a person is found guilty of an offence under
13 subsection (5) in relation to an electronic device, the
14 electronic device is forfeited to the State.
15 108F. Power to seize things relevant to offences
16 (1) In this section --
17 thing relevant to an offence has the meaning given in
18 the Criminal Investigation Act 2006 section 5.
19 (2) If a police officer doing a search under this Part finds a
20 thing relevant to an offence, the police officer may
21 seize it if the police officer has 1 or more of the
22 reasonable suspicions set out in the Criminal
23 Investigation Act 2006 section 146.
24 (3) The Criminal Investigation Act 2006 sections 147 to
25 152 apply to and in respect of the seizing of a thing
26 under this Part as if it were the seizing under that Act
27 of a thing relevant to an offence.
28
page 47
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 51
1 51. Section 109A inserted
2 After section 109 insert:
3
4 109A. Assistance when exercising powers
5 (1) A police officer or authorised person may authorise as
6 many other persons to assist in the exercise of their
7 powers under this Act as are reasonably necessary in
8 the circumstances.
9 (2) A person authorised under subsection (1) may assist
10 the police officer or the authorised person, as the case
11 requires, to exercise the powers.
12
13 52. Section 110 amended
14 Delete section 110(1) and insert:
15
16 (1) The Commissioner may delegate any power or duty of
17 the Commissioner under another provision of this Act
18 to --
19 (a) in relation to a power or duty under
20 section 82(1)(cd) -- a person as set out in
21 section 82A; or
22 (b) in relation to a power or duty under Part 5A
23 Division 2 -- a person as set out in
24 section 85B; or
25 (c) in any other case --
26 (i) a police officer who is specified, or of a
27 class specified, in the delegation; or
page 48
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 53
1 (ii) a person employed under the Public
2 Sector Management Act 1994 Part 3
3 who is specified, or of a class specified,
4 in the delegation.
5
6 53. Section 113 amended
7 In section 113(2) delete "under this Act," and insert:
8
9 under this Act or another written law,
10
11 54. Part 7 heading and Part 7 Division 1 heading inserted
12 After section 115 insert:
13
14 Part 7 -- Transitional matters and
15 consequential amendment
16 Division 1 -- Transitional matters relating to
17 Community Protection (Offender Reporting) Amendment
18 Act 2008
19
20 55. Part 7 Division 2 heading inserted
21 After section 115A insert:
22
23 Division 2 -- Transitional matters relating to
24 Community Protection (Offender Reporting) Amendment
25 Act (No. 2) 2012 and consequential amendment
26
page 49
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 56
1 56. Part 7 Division 3 inserted
2 After section 116 insert:
3
4 Division 3 -- Transitional matters relating to
5 Community Protection (Offender Reporting) Amendment
6 Act 2024
7 Subdivision 1 -- General
8 117. Interpretation Act 1984 not affected
9 This Part is in addition to the provisions of the
10 Interpretation Act 1984 and does not limit or otherwise
11 affect the operation of those provisions.
12 118. Transitional regulations
13 (1) In this section --
14 publication day, for regulations made under
15 subsection (2), means the day on which those
16 regulations are published on the WA legislation
17 website;
18 specified means specified or described in regulations
19 made under subsection (2);
20 transitional matter --
21 (a) means a matter that needs to be dealt with for
22 the purpose of effecting the transition required
23 because of the enactment of the Community
24 Protection (Offender Reporting) Amendment
25 Act 2024; and
26 (b) includes a saving or application matter.
page 50
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 56
1 (2) If there is no sufficient provision in this Division for
2 dealing with a transitional matter, the Governor may
3 make regulations prescribing matters --
4 (a) required to be prescribed for the purpose of
5 dealing with the transitional matter; or
6 (b) necessary or convenient to be prescribed for the
7 purpose of dealing with the transitional matter.
8 (3) Regulations made under subsection (2) may provide
9 that specified provisions of the Community Protection
10 (Offender Reporting) Amendment Act 2024 --
11 (a) do not apply to or in relation to a specified
12 matter; or
13 (b) apply with specified modifications to or in
14 relation to a specified matter.
15 (4) If regulations made under subsection (2) provide that a
16 specified state of affairs is taken to have existed, or not
17 to have existed, on and after a day that is earlier than
18 publication day for those regulations but not earlier
19 than the day on which the relevant provision of
20 Community Protection (Offender Reporting)
21 Amendment Act 2024 came into operation, the
22 regulations have effect according to their terms.
23 (5) If regulations made under subsection (2) contain a
24 provision referred to in subsection (4), the provision
25 does not operate so as to --
26 (a) affect in a manner prejudicial to a person (other
27 than the State or an authority of the State) the
28 rights of that person existing before publication
29 day for those regulations; or
30 (b) impose liabilities on a person (other than the
31 State or an authority of the State) in respect of
32 an act done or omission made before
33 publication day for those regulations.
page 51
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 56
1 Subdivision 2 -- Stage 1 transitional provisions
2 119. Term used: commencement day
3 In this Subdivision --
4 commencement day means the day on which the
5 Community Protection (Offender Reporting)
6 Amendment Act 2024 section 3 comes into operation.
7 120. Notifying reporting obligations and reporting
8 periods before commencement day
9 (1) Section 67 does not apply in relation to a reportable
10 offender if the Commissioner gives the offender
11 written notice of the following before commencement
12 day --
13 (a) the reporting obligations the offender will have
14 under this Act as in force on commencement
15 day; and
16 (b) the reporting period the offender will have
17 under this Act as in force on commencement
18 day; and
19 (c) the consequences that may arise if the offender
20 fails to comply with those obligations under
21 this Act as in force on commencement day.
22 (2) However, section 67 applies in relation to a reportable
23 offender who has been given notice under
24 subsection (1) if any of the following occurs on or after
25 commencement day --
26 (a) the offender is sentenced for a reportable
27 offence or is made subject to a reporting order;
28 (b) the offender is released from government
29 custody (whether or not the offender was in
30 government custody for a reportable offence);
page 52
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 56
1 (c) the offender enters Western Australia, if the
2 offender has not previously been given notice
3 of the offender's reporting obligations in
4 Western Australia;
5 (d) the offender becomes a corresponding
6 reportable offender, if the offender is in
7 Western Australia at that time.
8 (3) Section 69 does not apply in relation to changes to a
9 reportable offender's reporting period on
10 commencement day if the Commissioner gives the
11 offender written notice before commencement day of
12 the changed reporting period that the offender will
13 have under this Act as in force on commencement day.
14 121. Reporting period and reporting obligations in
15 relation to person who was reportable offender or
16 committed offence before commencement day
17 (1) A reporting period under this Act applies in relation to
18 a person who is a reportable offender even if the person
19 was a reportable offender before commencement day.
20 (2) A reference in section 46 to an offence includes a
21 reference to an offence committed before
22 commencement day.
23 (3) A reporting obligation under this Act applies in relation
24 to a person who is a reportable offender for the
25 remainder of the person's reporting period even if the
26 person was a reportable offender before
27 commencement day.
28 (4) Section 29 (including any references in that section to
29 section 26) of this Act as in force immediately before
30 commencement day continues to apply to a reportable
31 offender until the offender makes a report (an updated
32 report) under any of the following provisions of the
page 53
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 56
1 details listed in section 26(1) as in force on
2 commencement day --
3 (a) section 24;
4 (b) section 25;
5 (c) section 28.
6 (5) Reporting obligations under sections 29 and 33A do
7 not apply to a reportable offender until the offender
8 makes an updated report.
9 (6) Despite The Criminal Code section 11, a person may
10 be prosecuted and punished for an offence committed
11 against section 63 in relation to a failure to comply
12 with a reporting obligation under this Act as in force
13 immediately before commencement day.
14 (7) Despite The Criminal Code section 11, a person may
15 be prosecuted and punished for an offence committed
16 against section 64 in relation to purported compliance
17 with Part 3 under this Act as in force immediately
18 before commencement day.
19 122. Reporting period in relation to reportable offender
20 in immigration detention before commencement
21 day
22 (1) This section applies to a reportable offender who was
23 in immigration detention for a period beginning before
24 commencement day.
25 (2) Any period for which the offender was in immigration
26 detention before commencement day while they were a
27 reportable offender must not be taken to extend the
28 offender's reporting period under section 44(2) as if
29 that period of immigration detention were a period in
30 which the offender was in government custody.
31 (3) Part 3 Division 1 does not apply to the offender in
32 relation to the offender ceasing to be in that
page 54
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 56
1 immigration detention on or after commencement day
2 if the offender has made an initial report under Part 3
3 Division 1 before commencement day.
4 (4) Section 45(b) does not apply to the offender if the
5 offender is released from the immigration detention on
6 or after commencement day.
7 (5) A reference to government custody in Part 3 Division 6
8 in relation to the offender is taken to include a
9 reference to any period for which the offender was in
10 immigration detention before commencement day
11 while they were a reportable offender.
12 (6) Despite The Criminal Code section 11, a person may
13 be prosecuted and punished for an offence committed
14 against section 63 in relation to a failure to comply
15 with a reporting obligation under this Act as in force
16 immediately before commencement day during a
17 period while the person was in the immigration
18 detention before commencement day.
19 (7) Despite The Criminal Code section 11, a person may
20 be prosecuted and punished for an offence committed
21 against section 64 in relation to purported compliance
22 with Part 3 under this Act as in force immediately
23 before commencement day during a period while the
24 person was in the immigration detention before
25 commencement day.
26 123. References to personal details of reportable
27 offenders before commencement day
28 (1) In section 85F a reference to section 26(1) or 26(1)(e)
29 is taken to include a reference to that provision under
30 this Act as in force immediately before commencement
31 day in relation to a person who was a reportable
32 offender before commencement day.
page 55
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 56
1 (2) In sections 85F, 85I, 85L and 85M a reference to
2 personal details is taken to include a reference to
3 personal details under this Act as in force immediately
4 before commencement day in relation to a person who
5 was a reportable offender before commencement day.
6 124. Application to person not sentenced before
7 commencement day
8 This Act applies to an offender including in relation to
9 an offender sentenced on or after commencement day
10 even if the offender committed or was found guilty of
11 an offence before commencement day.
12 125. Application of powers in relation to person who was
13 reportable offender, or in relation to offence
14 committed, before commencement day
15 (1) A power under this Act that may be exercised in
16 relation to a reportable offender may be exercised in
17 relation to that offender even if they were a reportable
18 offender before commencement day.
19 (2) A reference in Part 5A and 5B to an offence includes a
20 reference to an offence committed before
21 commencement day.
22 126. Minister may revoke authorisations to publish
23 photograph and locality given before
24 commencement day
25 (1) This section applies if the Minister authorised the
26 publication of a photograph and locality of a person
27 under section 85G(2)(c) of this Act as in force
28 immediately before commencement day.
29 (2) Subject to subsection (3), the authorisation continues in
30 force on and after commencement day.
page 56
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 57
1 (3) The Minister may revoke the authorisation.
2 (4) A revocation under subsection (3) is taken to be a
3 revocation under section 85GB(7)(a).
4
5 57. Schedule 1 amended
6 In Schedule 1 delete the entries relating to the Crimes Act 1914
7 of the Commonwealth sections 50BA and 50BB.
8 58. Schedule 2 amended
9 In Schedule 2 delete:
10 (a) the entries relating to the Crimes Act 1914 of the
11 Commonwealth sections 50BC, 50BD, 50DA and
12 50DB;
13 (b) the entry relating to the Customs Act 1901 of the
14 Commonwealth section 233BAB.
15 59. Various references to "prescribed by the regulations"
16 amended
17 In the provisions listed in the Table delete "prescribed by the
18 regulations" (each occurrence) and insert:
19
20 prescribed
21
22 Table
s. 3 def. of corresponding Act s. 3 def. of corresponding
paragraph (b) offender reporting order
s. 3 def. of sentence s. 3 def. of supervising
authority
s. 6(4) s. 7(b)(ii)
s. 8 s. 10(c)
page 57
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 2 Consequential amendments to other Acts
s. 60
s. 11(c) s. 27(2)
s. 43(1) s. 70(3)
s. 82(1)(e) s. 85 def. of corresponding
protection order
s. 93(5)
1 Note: The heading to section 19 is to read:
2 Court may make past offender reporting orders
3 Division 2 -- Consequential amendments to other Acts
4 Subdivision 1 -- Criminal Investigation (Identifying People) Act 2002
5 amended
6 60. Act amended
7 This Subdivision amends the Criminal Investigation (Identifying
8 People) Act 2002.
9 61. Section 53 replaced
10 Delete section 53 and insert:
11
12 53. Application of Part
13 This Part applies if under another provision of this Act,
14 or the Community Protection (Offender Reporting)
15 Act 2004, an identifying procedure must be done in
16 accordance with this Part.
17
page 58
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Consequential amendments to other Acts Division 2
s. 62
1 62. Section 68B inserted
2 After section 68A insert:
3
4 68B. Identifying information of reportable offenders
5 (1) In this section --
6 reportable offender has the meaning given in the
7 Community Protection (Offender Reporting) Act 2004
8 section 6.
9 (2) Identifying information of a person who is or was a
10 reportable offender obtained under Community
11 Protection (Offender Reporting) Act 2004 section 40A
12 or 41(2)(c) --
13 (a) may be compared with other information,
14 whether or not in a forensic database, as soon
15 as it is obtained; and
16 (b) may be put in a forensic database as soon as it
17 is obtained; and
18 (c) may be used to obtain any identifying particular
19 of the offender; and
20 (d) must be destroyed if the person --
21 (i) is not a serious offender as defined in
22 section 52A; and
23 (ii) ceases to be a reportable offender under
24 the Community Protection (Offender
25 Reporting) Act 2004 section 6(6)(a) or
26 (b); and
27 (iii) requested the destruction, or destruction
28 is requested on behalf of the person,
29 under section 69.
30
page 59
Community Protection (Offender Reporting) Amendment Bill 2024
Part 2 Stage 1 amendments -- general
Division 2 Consequential amendments to other Acts
s. 63
1 Subdivision 2 -- Criminal Organisations Control Act 2012 amended
2 63. Act amended
3 This Subdivision amends the Criminal Organisations Control
4 Act 2012.
5 64. Section 98 amended
6 (1) In section 98(1) in the definition of prohibition order delete
7 "prohibition" and insert:
8
9 protection
10
11 (2) In section 98(2) and (3) delete "prohibition order" (each
12 occurrence) and insert:
13
14 protection order
15
16 Subdivision 3 -- Sentencing Act 1995 amended
17 65. Act amended
18 This Subdivision amends the Sentencing Act 1995.
19 66. Section 8 amended
20 After section 8(3B) insert:
21
22 (3C) The following are not mitigating factors --
23 (a) the fact that the offender is or will be a
24 reportable offender under the Community
25 Protection (Offender Reporting) Act 2004;
page 60
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 1 amendments -- general Part 2
Consequential amendments to other Acts Division 2
s. 66
1 (b) the consequences for the offender of being a
2 reportable offender under the Community
3 Protection (Offender Reporting) Act 2004.
4
page 61
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 67
1 Part 3 -- Stage 2 amendments -- juvenile offenders
2 Division 1 -- Community Protection (Offender Reporting)
3 Act 2004 amended
4 67. Act amended
5 This Division amends the Community Protection (Offender
6 Reporting) Act 2004.
7 68. Section 3 amended
8 (1) In section 3 insert in alphabetical order:
9
10 corresponding juvenile offender exemption order
11 means an order of a prescribed class of court orders
12 that --
13 (a) are made under a corresponding Act; and
14 (b) exempt an offender from being a reportable
15 offender (however described) under a
16 corresponding Act in relation to an offence
17 committed by the offender when they were a
18 child;
19 corresponding juvenile offender non-registration
20 order means an order of a prescribed class of court
21 orders that --
22 (a) are made under a corresponding Act; and
23 (b) have the effect of not subjecting an offender to
24 requirements for the offender to report under a
25 corresponding Act in relation to an offence
26 committed by the offender when they were a
27 child;
page 62
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 68
1 corresponding juvenile offender reporting order
2 means an order of a prescribed class of court orders
3 that --
4 (a) are made under a corresponding Act; and
5 (b) have the effect of requiring an offender to
6 report under a corresponding Act in relation to
7 an offence committed by the offender when
8 they were a child;
9 corresponding juvenile scheme jurisdiction means a
10 foreign jurisdiction that has a corresponding Act in
11 force under which any of the following may be
12 made --
13 (a) a corresponding juvenile offender reporting
14 order;
15 (b) a corresponding juvenile offender
16 non-registration order;
17 juvenile offender exemption order means an order
18 made under section 14E or 14F;
19 juvenile offender reporting order means an order
20 made under section 14B;
21
22 (2) In section 3 in the definition of past offender reporting order
23 delete "19 or 20A;" and insert:
24
25 15A or 15B;
26
27 (3) In section 3 in the definition of reporting order after
28 paragraph (b) insert:
29
30 (c) a juvenile offender reporting order;
page 63
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 69
1 (d) a corresponding juvenile offender reporting
2 order;
3
4 69. Section 6 amended
5 (1) In section 6(6):
6 (a) in paragraph (b) delete "appeal." and insert:
7
8 appeal; or
9
10 (b) after paragraph (b) insert:
11
12 (c) the person is a reportable offender only because
13 the person is subject to a juvenile offender
14 reporting order, or corresponding juvenile
15 offender reporting order, and that order is --
16 (i) quashed on appeal; or
17 (ii) revoked;
18 or
19 (d) the person is a reportable offender only because
20 the person committed an offence when the
21 person was a child and --
22 (i) a juvenile offender exemption order is
23 made in relation to the person; or
24 (ii) a corresponding juvenile offender
25 exemption order is made in relation to
26 the person.
27 Note for this subsection:
28 For the purposes of paragraph (c)(ii) -- a juvenile offender reporting
29 order may be revoked under section 14C or 14D.
30
page 64
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 70
1 (2) In section 6(7) delete "sentence or reporting order." and insert:
2
3 sentence, reporting order or corresponding juvenile offender
4 non-registration order.
5
6 70. Section 9 replaced
7 Delete section 9 and insert:
8
9 9. Meaning of reportable offence
10 For the purposes of this Act, a reportable offence is --
11 (a) any of the following offences (other than an
12 offence committed by a person when they were
13 a child) --
14 (i) a Class 1 offence;
15 (ii) a Class 2 offence;
16 or
17 (b) if the person concerned has previously been
18 found guilty of a Class 3 offence (whether or
19 not committed by the person when they were a
20 child) -- another Class 3 offence (other than an
21 offence committed by the person when they
22 were a child); or
23 (c) an offence that results in the making of an
24 offender reporting order or past offender
25 reporting order; or
26 (d) a Class 1 offence or Class 2 offence committed
27 by a person when they were a child that results
28 in the making of a juvenile offender reporting
29 order; or
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Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 70
1 (e) a Class 1 offence or Class 2 offence against a
2 law of a foreign jurisdiction committed by a
3 person when they were a child that --
4 (i) in relation to a foreign jurisdiction in
5 which a corresponding juvenile offender
6 non-registration order may be made --
7 does not result in the making of that
8 order; or
9 (ii) in relation to a foreign jurisdiction in
10 which a corresponding juvenile offender
11 reporting order may be made -- results
12 in the making of that order; or
13 (f) a Class 1 offence or Class 2 offence against a
14 law of a foreign jurisdiction committed by a
15 person when they were a child that results in a
16 finding of guilt by a court of a foreign
17 jurisdiction (other than in a corresponding
18 juvenile scheme jurisdiction); or
19 (g) if the person concerned has previously been
20 found guilty of a Class 3 offence committed
21 when they were a child -- another Class 3
22 offence committed by the person when they
23 were a child that results in the making of a
24 juvenile offender reporting order; or
25 (h) if the person concerned has previously been
26 found guilty of a Class 3 offence committed
27 when they were a child -- another Class 3
28 offence committed against a law of a foreign
29 jurisdiction by the person when they were a
30 child that --
31 (i) in relation to a foreign jurisdiction in
32 which a corresponding juvenile offender
33 non-registration order may be made --
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 71
1 does not result in the making of that
2 order; or
3 (ii) in relation to a foreign jurisdiction in
4 which a corresponding juvenile offender
5 reporting order may be made -- results
6 in the making of that order; or
7 (i) if the person concerned has previously been
8 found guilty of a Class 3 offence committed
9 when they were a child -- another Class 3
10 offence committed --
11 (i) against a law of a foreign jurisdiction
12 committed by the person when they
13 were a child; and
14 (ii) that results in a finding of guilt by a
15 court of a foreign jurisdiction (other
16 than a corresponding juvenile scheme
17 jurisdiction).
18
19 71. Part 2 Division 1A heading inserted
20 Before section 13 insert:
21
22 Division 1A -- Offender reporting orders
23
24 72. Section 13 amended
25 (1) Delete section 13(1)(a) and insert:
26
27 (a) a court finds a person guilty of an offence that
28 is not --
29 (i) a Class 1 offence or a Class 2 offence;
30 or
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Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 73
1 (ii) an offence referred to in section 14B(1)
2 committed by the person when they
3 were a child;
4 and
5
6 (2) Delete section 13(7C).
7 73. Part 2 Divisions 1B and 1C inserted
8 After section 14A insert:
9
10 Division 1B -- Juvenile offender reporting orders
11 14B. Juvenile offender reporting orders
12 (1) This section applies if a court finds an offender guilty
13 of any of the following offences committed when the
14 offender was a child --
15 (a) a Class 1 offence;
16 (b) a Class 2 offence;
17 (c) if the offender concerned has previously been
18 found guilty of a Class 3 offence -- another
19 Class 3 offence.
20 (2) The court must consider making an order under
21 subsection (3) at the time the offender is sentenced for
22 the offence.
23 (3) The court may make an order that the offender comply
24 with the reporting obligations of this Act if the court is
25 satisfied that the offender poses a risk to the lives or the
26 sexual safety of 1 or more persons, or persons
27 generally.
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 73
1 (4) For the purposes of subsection (3), it is not necessary
2 that the court is able to identify a risk to a particular
3 person or particular persons or a particular class of
4 persons.
5 (5) In deciding whether to make the order in relation to an
6 offence, the court may take into account the
7 following --
8 (a) any evidence given during proceedings for the
9 offence;
10 (b) any document or record (including an
11 electronic document or record) served on the
12 offender by the prosecution;
13 (c) any statement tendered, or deposition made, or
14 exhibit tendered, at any proceedings in relation
15 to the offence;
16 (d) any evidence given by a victim or the offender
17 in relation to the making of the order;
18 (e) any pre-sentence report given to the court;
19 (f) any victim impact statement given to the court;
20 (g) any mediation report given to the court;
21 (h) any other matter the court considers relevant.
22 (6) The court may make the order in relation to an
23 offence --
24 (a) at the time the person is sentenced for the
25 offence; or
26 (b) at a later time if more time is necessary to
27 enable the information referred to in
28 subsection (5) to be presented to the court.
29 (7) The court may make an order under subsection (3) on
30 application from the prosecution or on the court's own
31 initiative.
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 73
1 (8) Despite subsection (7), if the court does not consider
2 making an order under subsection (3), an application
3 for the order may be made to the court by the
4 prosecution or the Commissioner within the period of
5 6 months after the day on which the person is
6 sentenced for the offence.
7 (9) For the purposes of an application made under
8 subsection (8), the reference in subsection (5)(b) to the
9 prosecution is taken to include a reference to the
10 Commissioner.
11 (10) The court cannot make an order under subsection (3) in
12 relation to a person merely because the person as a
13 child committed a single offence (including an offence
14 under a law of a foreign jurisdiction) that falls within a
15 class of offences that are prescribed under section 6(4).
16 14C. Revoking juvenile offender reporting orders
17 (1) This section applies if --
18 (a) a juvenile offender reporting order applies to a
19 reportable offender; and
20 (b) the offender has been subject to the reporting
21 obligations under this Act for at least half of the
22 offender's reporting period.
23 (2) The offender may apply to the Children's Court for an
24 order to revoke the juvenile offender reporting order.
25 (3) The offender cannot make an application under
26 subsection (2) if an application previously made by the
27 offender under subsection (2) has been disposed of
28 under section 18(a) or (b).
29 (4) The court may revoke a juvenile offender reporting
30 order if the court is satisfied that the offender does not
31 pose a risk to the lives or the sexual safety of 1 or more
32 persons, or persons generally.
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 73
1 (5) For the purposes of subsection (4), it is not necessary
2 that the court is able to identify a risk to a particular
3 person or particular persons or a particular class of
4 persons to find that an offender poses a risk to the lives
5 or the sexual safety of 1 or more persons, or persons
6 generally.
7 (6) In deciding whether to revoke the juvenile offender
8 reporting order, the court may take into account --
9 (a) the matters that were taken into account under
10 section 14B(5) in relation to the making of the
11 order; and
12 (b) any other matter the court considers relevant.
13 (7) For the purposes of subsection (1)(b), section 44(2)
14 does not apply to extend the length of an offender's
15 reporting period.
16 (8) For the purposes of subsection (1)(b), time for which
17 an offender has been subject to reporting obligations
18 must be calculated by --
19 (a) including a period of suspension under
20 section 61; but
21 (b) excluding a period of suspension under
22 section 44(1)(a).
23 14D. Consent orders
24 On application under section 14C(2), the Children's
25 Court may order that a juvenile offender reporting
26 order is revoked without being subject to
27 section 14C(4) to (6), if the offender and the
28 Commissioner consent to revoking the order.
page 71
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 73
1 Division 1C -- Juvenile offender exemption orders
2 14E. Juvenile offender exemption orders
3 (1) This section applies if --
4 (a) an offender is a reportable offender only
5 because the offender committed an offence
6 when the offender was a child; and
7 (b) the offender was sentenced for the offence
8 before the day (the stage 2 commencement
9 day) on which the Community Protection
10 (Offender Reporting) Amendment Act 2024
11 section 67 comes into operation.
12 (2) The offender may apply to the Children's Court for an
13 order to exempt the offender from being a reportable
14 offender --
15 (a) in relation to any reportable offence, under this
16 Act as in force before the stage 2
17 commencement day, sentenced by a court in
18 this State; but
19 (b) not in relation to a reportable offence, under
20 this Act as in force before the stage 2
21 commencement day, sentenced by a court in a
22 foreign jurisdiction.
23 Note for this subsection:
24 An offender may be a reportable offender in this State in
25 relation to a sentence by a court in a foreign jurisdiction.
26 See section 6(6)(d)(ii) in relation to corresponding juvenile
27 offender exemption orders.
28 (3) The offender cannot make an application under
29 subsection (2) if 2 applications previously made by the
30 offender under subsection (2) have been disposed of
31 under section 18(a) or (b).
page 72
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 73
1 (4) The offender cannot make an application under
2 subsection (2) after their first application has been
3 finally determined under section 18(b) unless the
4 offender has been subject to the reporting obligations
5 under this Act for at least half of the offender's
6 reporting period.
7 (5) The court may make the order if the court is satisfied
8 that the offender does not pose a risk to the lives or the
9 sexual safety of 1 or more persons, or persons
10 generally.
11 (6) For the purposes of subsection (5), it is not necessary
12 that the court is able to identify a risk to a particular
13 person or particular persons or a particular class of
14 persons to find that an offender poses a risk to the lives
15 or the sexual safety of 1 or more persons, or persons
16 generally.
17 (7) In deciding whether to make the order, the court may
18 take into account any of the following --
19 (a) any evidence given during proceedings for a
20 reportable offence;
21 (b) any document or record (including an
22 electronic document or record) served on the
23 offender by the prosecution or Commissioner;
24 (c) any statement tendered, or deposition made, or
25 exhibit tendered, at any proceedings in relation
26 to a reportable offence;
27 (d) any evidence given by a victim or the offender
28 in relation to the making of the order;
29 (e) any pre-sentence report given to the court;
30 (f) any victim impact statement given to the court;
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 74
1 (g) any mediation report given to the court;
2 (h) any other matter the court considers relevant.
3 (8) For the purposes of subsection (4), section 44(2) does
4 not apply to extend the length of an offender's
5 reporting period.
6 (9) For the purposes of subsection (4), time for which an
7 offender has been subject to reporting obligations must
8 be calculated by --
9 (a) including a period of suspension under
10 section 61; but
11 (b) excluding a period of suspension under
12 section 44(1)(a).
13 14F. Consent orders
14 On application under section 14E(2), the Children's
15 Court may make a juvenile offender exemption order
16 without being subject to section 14E(5) to (7) if the
17 offender and the Commissioner consent to the making
18 of the order.
19
20 74. Section 14 amended
21 (1) In section 14 delete the definitions of:
22 registrar
23 respondent
24 (2) In section 14 insert in alphabetical order:
25
26 past offender has the meaning given in section 15.
27
page 74
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 75
1 75. Section 15 amended
2 In section 15(a) after "a person" insert:
3
4 (a past offender)
5
6 Note: The heading to amended section 15 is to read:
7 Commissioner may apply for past offender reporting orders
8 76. Sections 15A and 15B inserted
9 After section 15 insert:
10
11 15A. Court may make past offender reporting orders
12 (1) The court may make an order that a past offender
13 comply with the reporting obligations of this Act if the
14 court is satisfied that the past offender poses a risk to
15 the lives or the sexual safety of 1 or more persons, or
16 persons generally.
17 (2) For the purposes of subsection (1), it is not necessary
18 that the court is able to identify a risk to a particular
19 person or particular persons or a particular class of
20 persons.
21 (3) In deciding whether to make an order under this section
22 in respect of an offence, the court may take into
23 account the following --
24 (a) any evidence given during proceedings for the
25 offence;
26 (b) any document or record (including an
27 electronic document or record) served on the
28 past offender by the prosecution or the
29 Commissioner;
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 76
1 (c) any statement tendered, or deposition made, or
2 exhibit tendered, at any proceedings in relation
3 to the offence;
4 (d) the period of time since the offence was
5 committed;
6 (e) the age of the past offender and the age of any
7 victim of the offence at the time the offence
8 was committed;
9 (f) the difference in age between the past offender
10 and any victim of the offence;
11 (g) the seriousness of the past offender's total
12 criminal record;
13 (h) any other matter the court considers relevant.
14 (4) The fact that an offence in respect of which a past
15 offender has been found guilty becomes spent does not
16 affect the consideration of the offence as part of the
17 past offender's total criminal record for the purposes of
18 subsection (3)(g).
19 (5) For the purposes of Part 3 Division 5, a person subject
20 to an order made under this section in respect of an
21 offence that is a reportable offence is taken to have
22 been found guilty of, and to have been sentenced for,
23 the offence when the order was made.
24 (6) For the purposes of Part 3 Division 5, a person subject
25 to an order made under this section in respect of an
26 offence that is not a reportable offence is taken to have
27 been found guilty of, and to have been sentenced for, a
28 Class 2 offence when the order was made.
page 76
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 77
1 15B. Consent orders
2 On application under section 15, a court may make an
3 order that a past offender comply with the reporting
4 obligations of this Act without being subject to
5 section 15A if the applicant and the past offender
6 consent to the making of the order.
7
8 77. Part 2 Division 3 inserted
9 Before section 16 insert:
10
11 Division 3 -- General matters relating to reporting
12 orders made under this Part
13 15C. Terms used
14 In this Division --
15 registrar means the clerk or registrar of the court to
16 which a relevant application is made;
17 relevant applicant means any of the following --
18 (a) in relation to an application made under
19 section 13(7A) for an offender reporting
20 order -- the Commissioner;
21 (b) in relation to an application made under
22 section 14B(8) for a juvenile offender reporting
23 order -- the prosecution or the Commissioner;
24 (c) in relation to an application made under
25 section 14C(2) to revoke a juvenile offender
26 reporting order -- the offender;
27 (d) in relation to an application made under
28 section 14E(2) for a juvenile offender
29 exemption order -- the offender;
page 77
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 77
1 (e) in relation to an application made under
2 section 15 for a past offender reporting order --
3 the Commissioner;
4 Note for this definition:
5 A parent or guardian or certain other persons may apply on
6 behalf of a relevant applicant who is a juvenile offender (see
7 section 15D).
8 relevant application means any of the following --
9 (a) an application made under section 13(7A) for
10 an offender reporting order;
11 (b) an application made under section 14B(8) for a
12 juvenile offender reporting order;
13 (c) an application made under section 14C(2) to
14 revoke a juvenile offender reporting order;
15 (d) an application made under section 14E(2) for a
16 juvenile offender exemption order;
17 (e) an application made under section 15 for a past
18 offender reporting order;
19 relevant court means the court to which the relevant
20 application is made;
21 relevant respondent means any of the following --
22 (a) in relation to an application made under
23 section 13(7A) for an offender reporting
24 order -- the offender;
25 (b) in relation to an application made under
26 section 14B(8) for a juvenile offender reporting
27 order -- the offender;
28 (c) in relation to an application made under
29 section 14C(2) to revoke a juvenile offender
30 reporting order -- the Commissioner;
31 (d) in relation to an application made under
32 section 14E(2) for a juvenile offender
33 exemption order -- the Commissioner;
page 78
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 78
1 (e) in relation to an application made under
2 section 15 for a past offender reporting order --
3 the offender.
4 15D. Persons who may act on behalf of offender who is
5 child
6 (1) In this section --
7 child welfare officer means the CEO as defined in the
8 Children and Community Services Act 2004 section 3.
9 (2) An application or appeal under this Part may be made
10 on behalf of an offender who is a child by --
11 (a) a parent or guardian of the offender; or
12 (b) a child welfare officer; or
13 (c) a person of a prescribed class of person acting
14 on behalf of the offender.
15 (3) A document or information under this Part that is
16 required to be served on, or notified to, an offender
17 who is a child must also be served by the person
18 required to serve it on --
19 (a) a parent or guardian of the offender; or
20 (b) a child welfare officer; or
21 (c) a person of a prescribed class of person acting
22 on behalf of the offender.
23
24 78. Section 16 amended
25 In section 16:
26 (a) delete "an application for a past offender reporting
27 order" and insert:
28
29 a relevant application
30
page 79
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 79
1 (b) delete paragraphs (b) to (d) and insert:
2
3 (b) if the offender is the relevant respondent --
4 (i) prepare a summons in the prescribed
5 form; and
6 (ii) cause the summons to be served on the
7 offender;
8 and
9 (c) notify the following of the hearing --
10 (i) the relevant applicant; and
11 (ii) if the Commissioner is the relevant
12 respondent -- the Commissioner.
13
14 79. Section 17 amended
15 (1) In section 17(1) and (2) after "hearing" insert:
16
17 for an order under this Part
18
19 (2) In section 17(3) delete "hearing," and insert:
20
21 hearing for an order under this Part,
22
23 80. Section 18 amended
24 In section 18:
25 (a) after "The" insert:
26
27 relevant
28
page 80
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 81
1 (b) delete "of the application --" and insert:
2
3 of a relevant application --
4
5 (c) in paragraph (a) delete "a past offender reporting order;
6 or" and insert:
7
8 the order applied for; or
9
10 (d) in paragraph (c) after "of the" insert:
11
12 relevant
13
14 81. Sections 19 and 20A deleted
15 Delete sections 19 and 20A.
16 82. Section 20 amended
17 (1) In section 20(1):
18 (a) after "If the" insert:
19
20 relevant
21
22 (b) delete "court --" and insert:
23
24 relevant court --
25
26 (c) in paragraph (a) after "satisfied the" insert:
27
28 relevant
29
page 81
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 83
1 (2) In section 20(2):
2 (a) after "If the" insert:
3
4 relevant
5
6 (b) after "and the" insert:
7
8 relevant
9
10 (c) delete "court --" and insert:
11
12 relevant court --
13
14 (3) In section 20(2)(a) before "respondent" (each occurrence)
15 insert:
16
17 relevant
18
19 83. Section 21 amended
20 In section 21:
21 (a) delete "a past offender reporting order" and insert:
22
23 an order in relation to a relevant application
24
25 (b) after "absence of the" insert:
26
27 relevant
28
page 82
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 84
1 (c) after "on the" insert:
2
3 relevant
4
5 84. Section 22 amended
6 (1) Delete section 22(1) and insert:
7
8 (1) A person listed in column 3 of the Table opposite a
9 decision in column 2 of the Table may appeal against
10 the decision in accordance with this section.
11 Table
Item Decision Person
1. a decision under the offender
section 13 to make an
offender reporting order
2. a decision under the prosecution or
section 13 not to make an Commissioner
offender reporting order
3. a decision under the offender
section 14B to make a
juvenile offender
reporting order
4. a decision under the prosecution or
section 14B not to make Commissioner
a juvenile offender
reporting order
5. a decision under the Commissioner
section 14C to revoke a
page 83
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 84
Item Decision Person
juvenile offender
reporting order
6. a decision under the Commissioner
section 14E to make a
juvenile offender
exemption order
7. a decision under the offender
section 15A to make a
past offender reporting
order
8. a decision under the relevant applicant
section 18(b) to dismiss a
relevant application
1 (1A) If the decision was made by the Magistrates Court, the
2 appeal is to be made to a single judge of the Supreme
3 Court in accordance with the Criminal Appeals
4 Act 2004 Part 2 Division 2.
5
6 (2) After section 22(4) insert:
7
8 (5) If the decision was made by the Supreme Court, the
9 appeal is to be made to the Court of Appeal and the
10 Court of Appeal has jurisdiction to hear and determine
11 the appeal.
12 Note for this section:
13 Decisions under section 14B, 14C or 14E made by the
14 Children's Court when constituted so as not to consist of or
15 include a judge are reviewable under the Children's Court of
16 Western Australia Act 1988 section 40A.
17
page 84
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 85
1 85. Section 26 amended
2 In section 26(1)(j) delete "corresponding offender reporting
3 order" and insert:
4
5 corresponding offender reporting order, corresponding juvenile
6 offender reporting order
7
8 86. Section 46 amended
9 Delete section 46(2)(c) and insert:
10
11 (c) is not covered by subsection (3) and has ever
12 been found guilty of more than 1 reportable
13 offence; or
14 (d) is not covered by subsection (3) and has ever
15 been found guilty of a single reportable offence
16 and 1 or more offences, committed by the
17 offender when they were a child, that would
18 have been reportable offences if --
19 (i) a juvenile offender reporting order was
20 made in relation to the offences; or
21 (ii) a corresponding juvenile offender
22 reporting order was made in relation to
23 the offences; or
24 (iii) a corresponding juvenile offender
25 non-registration order was not made in
26 relation to the offences.
27
page 85
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 87
1 87. Section 47 amended
2 In section 47(1) delete "offence." and insert:
3
4 offence and who has not committed a reportable offence on or
5 after the day on which the person turns 18 years of age.
6
7 88. Section 90 amended
8 In section 90(3)(g) before "order," insert:
9
10 order or a juvenile offender reporting
11
12 89. Section 110A amended
13 (1) In section 110A(1) in the definition of application after
14 paragraph (a) insert:
15
16 (aa) an application under section 14B for a juvenile
17 offender reporting order; or
18 (ab) an application under section 14C for an order
19 revoking a juvenile offender reporting order; or
20 (ac) an application under section 14E for a juvenile
21 offender exemption order; or
22
23 (2) In section 110A(2):
24 (a) in paragraph (c) delete "application." and insert:
25
26 application;
27
page 86
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 90
1 (b) after paragraph (c) insert:
2
3 (d) the Commissioner's making or responding to a
4 review or appeal against a decision to make or
5 not make an order in relation to an application.
6
7 90. Section 112 amended
8 In section 112 delete "19," and insert:
9
10 14B, 14C, 14E, 15A,
11
12 91. Part 7 Division 3 Subdivision 3 inserted
13 At the end of Part 7 Division 3 insert:
14
15 Subdivision 3 -- Stage 2 transitional provisions
16 127. Term used: commencement day
17 In this Subdivision --
18 commencement day means the day on which the
19 Community Protection (Offender Reporting)
20 Amendment Act 2024 section 67 comes into operation;
21 128. Juvenile offender reporting orders in relation to
22 offenders not sentenced before commencement day
23 (1) pre-commencement juvenile offence means an offence
24 referred to in section 14B(1) --
25 (a) committed before commencement day when the
26 offender was a child; but
27 (b) for which the offender was not sentenced
28 before commencement day.
page 87
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 91
1 (2) A court sentencing an offender in relation to a
2 pre-commencement juvenile offence must consider
3 making a juvenile offender reporting order in relation
4 to the offender under section 14B(2).
5 (3) A juvenile offender reporting order may be made under
6 section 14B in relation to a pre-commencement
7 juvenile offence.
8 (4) An application for a juvenile offender reporting order
9 may be made under section 14B(7) and (8) in relation
10 to a pre-commencement juvenile offence.
11 129. Reportable offences sentenced before
12 commencement day
13 A reference to a reportable offence in the following
14 provisions includes a reference to a reportable offence
15 under this Act as in force immediately before
16 commencement day if the offender was sentenced for
17 the offence before commencement day --
18 (a) section 6;
19 (b) section 14E;
20 (c) section 15A;
21 (d) section 24;
22 (e) section 25;
23 (f) section 45;
24 (g) section 46:
25 (h) section 47;
26 (i) section 48;
27 (j) section 50;
28 (k) section 61;
29 (l) section 68;
30 (m) section 80;
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Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 91
1 (n) section 90;
2 (o) section 106;
3 (p) section 108A;
4 (q) section 111.
5 130. Reporting period in relation to person who was
6 reportable offender or committed offence before
7 commencement day
8 (1) A reporting period under this Act applies in relation to
9 a person who is a reportable offender even if the person
10 was a reportable offender before commencement day.
11 (2) A reference in section 46 to an offence includes a
12 reference to an offence committed before
13 commencement day.
14 (3) Section 69 does not apply in relation to changes to a
15 reportable offender's reporting period on
16 commencement day if the Commissioner gives the
17 offender written notice before commencement day of
18 the changed reporting period the offender will have
19 under this Act as in force on commencement day.
20 131. Reportable offender who committed offence as child
21 in foreign jurisdiction before commencement day
22 (1) In this section --
23 pre-commencement offence means a reportable
24 offence under section 9 of this Act as in force
25 immediately before commencement day.
26 (2) This section applies to a person if the only offences
27 that made the person a reportable offender are
28 pre-commencement offences that --
29 (a) were committed by the person when the person
30 was a child in a foreign jurisdiction; and
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Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 91
1 (b) are no longer reportable offences on
2 commencement day.
3 (3) The person ceases to be a reportable offender on
4 commencement day.
5 132. Past offender reporting orders made before
6 commencement day
7 (1) A past offender reporting order made under section 19
8 of this Act as in force immediately before
9 commencement day is taken to be a past offender
10 reporting order made under section 15A.
11 (2) A past offender reporting order made under
12 section 20A of this Act as in force immediately before
13 commencement day is taken to be a past offender
14 reporting order made under section 15B.
15 133. Application to person not sentenced before
16 commencement day
17 This Act applies to an offender including in relation to
18 an offender sentenced on or after commencement day
19 even if the offender committed or was found guilty of
20 an offence before commencement day.
21 134. Application of powers in relation to person who was
22 reportable offender before commencement day
23 A power under this Act that may be exercised in
24 relation to a reportable offender may be exercised in
25 relation to that offender even if they were a reportable
26 offender before commencement day.
27
page 90
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Consequential amendments to other Acts Division 2
s. 92
1 Division 2 -- Consequential amendments to other Acts
2 Subdivision 1 -- Children's Court of Western Australia Act 1988
3 amended
4 92. Act amended
5 This Subdivision amends the Children's Court of Western
6 Australia Act 1988.
7 93. Section 40A inserted
8 After section 40 insert:
9
10 40A. Review by President of certain decisions under
11 Community Protection (Offender Reporting) Act 2004
12 (1) In this section --
13 relevant decision means a decision under the
14 Community Protection (Offender Reporting) Act 2004
15 section 14B, 14C or 14E.
16 (2) Subject to this Act, if the Court, when constituted so as
17 not to consist of or include a judge, makes a relevant
18 decision, the Court when constituted by the President
19 may, of its own motion or upon an application made
20 under subsection (3), reconsider the decision and --
21 (a) confirm the decision; or
22 (b) discharge the decision and substitute any other
23 decision that the Court, if it had been
24 constituted by the President, could have made.
25 (3) Subject to this section, an application for
26 reconsideration of a relevant decision may be made, in
27 accordance with the rules of court --
28 (a) by the offender, within 1 month after the date
29 of the decision; or
page 91
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 2 Consequential amendments to other Acts
s. 93
1 (b) by the Commissioner of Police, within 1 month
2 after the date of the decision; or
3 (c) by the prosecutor, within 1 month after the date
4 of the decision.
5 (4) The Court must notify the applicant and all other
6 parties concerned with the application of the place, date
7 and time for the hearing of the application.
8 (5) Subject to subsection (6), where leave to appeal is
9 granted under section 41 in respect of the original
10 decision --
11 (a) no application under this section may
12 subsequently be made; and
13 (b) any application made under this section and not
14 finally determined when leave to appeal is
15 granted under section 41 is taken to be
16 withdrawn.
17 (6) Where an application under this section or an
18 application for leave to appeal is withdrawn, all other
19 parties concerned must be notified and any of the
20 following applications may be made as if the date of
21 the withdrawal were the date upon which the original
22 decision was made --
23 (a) an application for leave to appeal;
24 (b) an application under this section.
25 (7) An appeal may be made to the Court of Appeal from
26 any decision made by the Court under this section.
27
page 92
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 2 amendments -- juvenile offenders Part 3
Consequential amendments to other Acts Division 2
s. 94
1 Subdivision 2 -- Criminal Investigation (Identifying People) Act 2002
2 amended
3 94. Act amended
4 This Subdivision amends the Criminal Investigation (Identifying
5 People) Act 2002.
6 95. Section 68B amended
7 In section 68B(2)(d)(ii) delete "section 6(6)(a) or (b); and" and
8 insert:
9
10 section 6(6)(a), (b) or (c)(i); and
11
12 Subdivision 3 -- Sentencing Act 1995 amended
13 96. Act amended
14 This Subdivision amends the Sentencing Act 1995.
15 97. Section 21 amended
16 After section 21(2a) insert:
17
18 (2B) A pre-sentence report must set out matters that are
19 relevant to the making of a juvenile offender reporting
20 order under the Community Protection (Offender
21 Reporting) Act 2004 section 14B in respect of the
22 offender, if the court gives instructions for the report to
23 include the matters.
24
page 93
Community Protection (Offender Reporting) Amendment Bill 2024
Part 3 Stage 2 amendments -- juvenile offenders
Division 2 Consequential amendments to other Acts
s. 98
1 98. Section 124A replaced
2 Delete section 124A and insert:
3
4 124A. Section 123 applies to certain orders under
5 Community Protection (Offender Reporting) Act 2004
6 For the purposes of section 123, the following orders
7 made in relation to an offender are taken to be orders
8 made under this Part --
9 (a) an order under the Community Protection
10 (Offender Reporting) Act 2004 section 13 or
11 14A;
12 (b) an order under the Community Protection
13 (Offender Reporting) Act 2004 section 14B.
14
15 Subdivision 4 -- Young Offenders Act 1994 amended
16 99. Act amended
17 This Subdivision amends the Young Offenders Act 1994.
18 100. Section 47 amended
19 In section 47(2) delete "relevant." and insert:
20
21 relevant (including a report containing information relevant to
22 the making of a juvenile offender reporting order under the
23 Community Protection (Offender Reporting) Act 2004
24 section 14B).
25 Example for this subsection:
26 A psychological or psychiatric report
27
page 94
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 3 amendments -- reporting location Part 4
s. 101
1 Part 4 -- Stage 3 amendments -- reporting location
2 101. Act amended
3 This Part amends the Community Protection (Offender
4 Reporting) Act 2004.
5 102. Part 3 Division 2 Subdivision 3 inserted
6 At the end of Part 3 Division 2 insert:
7
8 Subdivision 3 -- Reporting location on request
9 33E. Reportable offender to report location as required
10 by Commissioner
11 (1) The Commissioner may give written notice to a
12 reportable offender requiring the offender to report
13 their location as at the time (the relevant time)
14 specified in the notice.
15 (2) A notice under subsection (1) must specify --
16 (a) the date of the notice; and
17 (b) the period within which the report must be
18 made.
19 (3) A reportable offender must report, in accordance with
20 the regulations, their location as at the relevant time to
21 the Commissioner within the period specified in the
22 notice.
23 (4) The relevant time specified in the notice to a reportable
24 offender --
25 (a) may be a time on a day before or after the day
26 on which the notice is given, including the time
27 when the report is to be made by the offender;
28 but
page 95
Community Protection (Offender Reporting) Amendment Bill 2024
Part 4 Stage 3 amendments -- reporting location
s. 102
1 (b) cannot be --
2 (i) more than 2 days before the date
3 referred to in subsection (2)(a); and
4 (ii) a time after the time when the report by
5 the offender is made.
6 33F. Regulations may prescribe that notice to report
7 location is taken to be received in certain
8 circumstances and other matters
9 (1) The regulations may prescribe the following --
10 (a) the manner in which a notice under section 33E
11 must be given by the Commissioner, including
12 that the notice must be given by particular
13 electronic means;
14 (b) that a notice referred to in paragraph (a) is
15 taken to have been received by a reportable
16 offender in certain circumstances, including
17 that a notice sent by particular electronic means
18 is taken to have been received in certain
19 circumstances;
20 (c) the manner in which a report under section 33E
21 must be made by a reportable offender,
22 including that the report must be made by
23 particular electronic means;
24 (d) the minimum period that may be specified in
25 the notice for the purposes of section 33E(2)(b);
26 (e) how the location of a reportable offender must
27 be specified in a report by the offender,
28 including whether as an address, coordinates or
29 geolocation data.
page 96
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 3 amendments -- reporting location Part 4
s. 102
1 (2) Without limiting subsection (1)(a), (b) and (c), the
2 regulations may require notices to be given, may take
3 notices as received, or may require reports to be made
4 by an electronic application that uses 1 or more of the
5 following --
6 (a) a global positional system;
7 (b) photo matching.
8 (3) Despite subsection (1)(a), (b) and (c), the regulations
9 must not require a notice to be given to, must not take a
10 notice as received by, or must not require reports to be
11 made by, a reportable offender using particular
12 electronic means unless the offender has an electronic
13 device capable of --
14 (a) receiving the notice using the particular
15 electronic means; and
16 (b) reporting using the particular electronic means.
17 (4) If the regulations require a reportable offender to be
18 sent a notice by, to be taken as receiving a notice by, or
19 to report by, particular electronic means, the
20 regulations may also prescribe the following --
21 (a) the steps a reportable offender must take to
22 ensure they are able to receive and respond to
23 the notice;
24 (b) the time at which the notice is taken to have
25 been received by a reportable offender;
26 (c) the time at which a reportable offender is taken
27 to have made a report under section 33E.
28 (5) This section is in addition to, and does not limit,
29 section 114.
30
page 97
Community Protection (Offender Reporting) Amendment Bill 2024
Part 4 Stage 3 amendments -- reporting location
s. 103
1 103. Part 7 Division 3 Subdivision 4 inserted
2 At the end of Part 7 Division 3 insert:
3
4 Subdivision 4 -- Stage 3 transitional provisions
5 135. Term used: commencement day
6 In this Subdivision --
7 commencement day means the day on which the
8 Community Protection (Offender Reporting)
9 Amendment Act 2024 section 101 comes into operation;
10 136. Notifying reporting obligations before
11 commencement day
12 (1) Section 67 does not apply in relation to a reportable
13 offender if the Commissioner gives the offender
14 written notice of the following before commencement
15 day --
16 (a) the reporting obligations under Part 3
17 Division 2 Subdivision 3 the offender will have
18 under this Act as in force on commencement
19 day;
20 (b) the consequences that may arise if the offender
21 fails to comply with those obligations under
22 this Act as in force on commencement day.
23 (2) However, section 67 applies in relation to a reportable
24 offender who has been given notice under
25 subsection (1) if any of the following occurs on or after
26 commencement day --
27 (a) the offender is sentenced for a reportable
28 offence or is made subject to a reporting order;
29 (b) the offender is released from government
30 custody (whether or not the offender was in
31 government custody for a reportable offence);
page 98
Community Protection (Offender Reporting) Amendment Bill 2024
Stage 3 amendments -- reporting location Part 4
s. 103
1 (c) the offender enters Western Australia, if the
2 offender has not previously been given notice
3 of the offender's reporting obligations in
4 Western Australia;
5 (d) the offender becomes a corresponding
6 reportable offender, if the offender is in
7 Western Australia at that time.
8 137. Reporting obligations in relation to person who was
9 reportable offender before commencement day
10 A reporting obligation under Part 3 Division 2
11 Subdivision 3 applies to a person who is a reportable
12 offender for the remainder of the person's reporting
13 period even if the person was a reportable offender
14 before commencement day.
15 138. Application to person not sentenced before
16 commencement day
17 This Act applies to an offender including in relation to
18 an offender sentenced on or after commencement day
19 even if the offender committed or was found guilty of
20 an offence before commencement day.
21 139. Application of powers in relation to person who was
22 reportable offender before commencement day
23 A power under this Act that may be exercised in
24 relation to a reportable offender may be exercised in
25 relation to that offender even if they were a reportable
26 offender before commencement day.
27
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