COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004

Western Australian Current Acts

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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary matters

1. Short title
2. Commencement
3. Terms used
4. Meaning of finding of guilt
5. Other reference provisions

PART 2 -- Offenders to whom Act applies

Division 1 -- General

6. Reportable offenders
7. Corresponding reportable offenders
8. New South Wales reportable offenders
9. Reportable offences
10. Class 1 offences
11. Class 2 offences
13. Offender reporting orders
14A. Consent orders

Division 2 -- Past offender reporting orders

14. Terms used
15. Commissioner may apply for reporting orders
16. Fixing a hearing
17. Evidence
18. How application to be disposed of
19. Court may make reporting orders
20A. Consent orders
20. Attendance at hearings
21. Notification of orders made in absence of respondent
22. Appeals
23. Appeal does not stay order

PART 3 -- Reporting obligations

Division 1 -- Initial report

24. When report must be made
25. When new initial report must be made by offender whose previous reporting obligations have ceased
26. Initial report by reportable offender of personal details
27. Persons required to report under corresponding Act

Division 2 -- Ongoing reporting obligations

28. Reportable offender to report annually and as required by Commissioner
29. Reportable offender to report changes to relevant personal details
29A. Intended absence from place of residence to be reported
30. Intended absence from Western Australia to be reported
31. Change of travel plans while out of Western Australia to be reported
32. Reportable offender to report return to Western Australia or decision not to leave
33. Report of other absences from Western Australia

Division 3 -- Provisions applying to all reporting obligations

34. Where reports must be made
35. How reports must be made
36. Right to privacy and support when reporting
37. Receipt of information to be acknowledged
38. Additional matters to be provided
39. Power to take fingerprints
40. Power to take photographs
41. Reasonable force may be used to obtain fingerprints and photographs
42. Retention of material for certain purposes
43. Reporting by remote offenders

Division 4 -- Suspension and extension of reporting obligations

44. Suspension and extension of reporting obligations

Division 5 -- Reporting period

45. When reporting obligations begin
46. Length of reporting period
47. Reduced period applies for young reportable offenders
48. Extended reporting period if reportable offender still on parole
49. Reporting period for corresponding reportable offenders
50. Reporting period for New South Wales reportable offenders

Division 6 -- Exemption from reporting obligations

51. Application of Division
52. District Court may exempt certain reportable offenders
53. Order for suspension
54. Commissioner and certain chief executive officers entitled to be parties to proceedings
55. Commissioner to be notified of order
56. No costs to be awarded
57. Applications not to be heard in public on application of party to proceedings
58. Restriction on right of unsuccessful applicant to re-apply for order
59. Cessation of order
60. Application for new order

Division 7 -- Suspension of reporting obligations of certain reportable offenders

61. Commissioner may approve suspension of reporting obligations
62. Cessation of approval

Division 8 -- Offences

63. Failure to comply with reporting obligations
64. Providing false or misleading information
65. No time limit for prosecutions
66. Bar to prosecution for failing to report leaving Western Australia

Division 9 -- Notification of reporting obligations

67. Notice to be given to reportable offender
68. Courts to provide sentencing information to Commissioner
69. Notice to be given when reporting period changes
70. Supervising authority to notify Commissioner of certain events
71. Notices may be given by Commissioner
72. Power of detention to enable notice to be given
73. Failure to comply with procedural requirements does not affect reportable offender’s obligations

Division 10 -- Modified reporting procedures for participants in witness protection programs

74. Term used: witness protection program
75. Application of this Division
76. Report need not be made in person
77. Determination as to whether this Division applies
78. When determination takes effect
79. Modification of reporting obligations

PART 4A -- Change of name

80A. Terms used
80B. Application
80C. Application for change of name by or in respect of reportable offender
80D. Approval by Commissioner
80E. Registration of change of name
80F. WA Registrar to correct Registration Act Register
80G. Exchange of information between Commissioner and WA Registrar

PART 4 -- Community Protection Offender Register

80. Requirement to establish and maintain Community Protection Offender Register
81. Access to Register to be restricted
82. Confidentiality
83. Restriction on who may access personal information on protected witnesses
84. Reportable offender’s rights in relation to Register

PART 5A -- Publication of information about offenders

Division 1 -- Preliminary

85A. Terms used
85B. Delegation by Commissioner
85C. Commissioner not required to publish or provide information
85D. Restriction on information about protected witnesses

Division 2 -- Commissioner may publish information

85E. Application
85F. Commissioner may publish personal details of certain reportable offenders
85G. Commissioner may publish photograph and locality of certain persons
85H. Removal of photograph and locality from website
85I. Commissioner may take into account certain matters
85J. Commissioner may inform child’s parent or guardian whether specified person is a reportable offender
85K. Protection as to publication and other provision of information

Division 3 -- Offences

85L. Conduct intended to incite animosity towards or harassment of identified offenders
85M. Publication, display and distribution of identifying information

PART 5 -- Protection orders

Division 1 -- Preliminary

85. Terms used
86. Evidence

Division 2 -- Orders

87. Commissioner may apply for orders
88. Fixing a hearing
89. How application to be disposed of
90. Court may make child protection orders
91. Term of child protection orders
92. Interim child protection orders
93. Conduct that may be subject of orders
94A. Reportable offenders may be required to undergo assessment and treatment
94B. Reportable offenders may be required to submit to tests or give samples for analysis
94C. Authorised police officers may enter premises to inspect computers
94. Explanation of orders
95. Consent orders

Division 3 -- Variation or revocation

96. Variation or revocation of child protection orders
97. Fixing a hearing
98. How application to be disposed of

Division 4 -- Attendance at hearings

99. Attendance at hearings
100. Notification of orders made in absence of respondent

Division 5 -- Offence

101. Failure to comply with orders

Division 6 -- Appeals

102. Appeals
103. Appeal does not stay order

Division 7 -- Miscellaneous

104. Applications not to be heard in public
106. Restriction on publication of identity of reportable offenders and victims
107. Protection orders have no effect to extent of inconsistency with certain other orders
108. Recognition of protection orders made in other jurisdictions

PART 6 -- Other matters

109. Protection from liability
110A. Public authorities to provide Commissioner with certain information
110. Delegation by Commissioner
111. Effect of spent convictions
112. Civil standard of proof
113. Certificate concerning evidence
114. Regulations
115. Minister to review and report on Act
115A. Transitional arrangements for certain offenders
115B. Further transitional arrangements for certain offenders sentenced for Class 2 offences
SCHEDULE 1 -- Class 1 offences
SCHEDULE 2 -- Class 2 offences

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