Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


COMMUNITY PROTECTION (OFFENDER REPORTING) AMENDMENT BILL 2011

                    Western Australia


Community Protection (Offender Reporting)
         Amendment Bill 2011

                       CONTENTS


       Part 1 -- Preliminary
 1.    Short title                               2
 2.    Commencement                              2
       Part 2 -- Community Protection
            (Offender Reporting) Act 2004
            amended
       Division 1 -- Main amendments
 3.    Act amended                               3
 4.    Section 3 amended                         3
 5.    Section 7 amended                         3
 6.    Section 13 amended                        4
 7.    Section 14A inserted                      5
       14A.     Consent orders              5
 8.    Section 17 amended                        5
 9.    Section 19 amended                        6
 10.   Section 20A inserted                      7
       20A.     Consent orders              7
 11.   Section 22 amended                        8
 12.   Section 24 amended                        8
 13.   Section 26 amended                        9
 14.   Section 29 amended                       11
 15.   Section 37 amended                       12
 16.   Section 38 amended                       12
 17.   Section 40 amended                       13
 18.   Section 41 amended                       13
 19.   Section 49 amended                       14
 20.   Section 62 amended                       14

                         235--1B                 page i
Community Protection (Offender Reporting) Amendment Bill 2011



Contents



      21.    Section 63 amended                                       14
      22.    Section 64 amended                                       15
      23.    Part 4A inserted                                         15
             Part 4A -- Change of name
             80A.     Terms used                                 15
             80B.     Application                                16
             80C.     Application for change of name by or in
                      respect of reportable offender             16
             80D.     Approval by Commissioner                   17
             80E.     Registration of change of name             18
             80F.     WA Registrar to correct Registration Act
                      Register                                   18
             80G.     Exchange of information between
                      Commissioner and WA Registrar              19
      24.    Section 80 amended                                       19
      25.    Section 82 amended                                       20
      26.    Section 85 amended                                       20
      27.    Section 86 amended                                       20
      28.    Section 87 replaced                                      21
             87.      Commissioner may apply for orders          21
      29.    Section 90 amended                                       22
      30.    Section 91 amended                                       22
      31.    Section 92 amended                                       23
      32.    Section 93 amended                                       24
      33.    Sections 94A, 94B and 94C inserted                       25
             94A.     Reportable offenders may be required to
                      undergo assessment and treatment           25
             94B.     Reportable offenders may be required to
                      submit to tests or give samples for
                      analysis                                   27
             94C.     Authorised police officers may enter
                      premises to inspect computers              29
      34.    Section 101 amended                                      31
      35.    Section 105 deleted                                      31
      36.    Section 110A inserted                                    31
             110A.    Public authorities to provide
                      Commissioner with certain information      31
      37.    Section 115B inserted                                    32
             115B.    Further transitional arrangements for
                      certain offenders sentenced for Class 2
                      offences                                   32
      38.    Schedule 2 amended                                       34




page ii
      Community Protection (Offender Reporting) Amendment Bill 2011



                                                             Contents



           Division 2 -- Various references to "prohibition
                  order" or "prohibition orders" amended
39.        Section 3 amended                                   34
40.        Part 5 heading amended                              35
41.        Section 85 amended                                  35
42.        Other references to "prohibition order" or
           "prohibition orders" amended                        36
           Part 3 -- Freedom of Information
                Act 1992 amended
43.        Act amended                                         38
44.        Schedule 1 clause 14 amended                        38




                                                              page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Community Protection (Offender Reporting)
           Amendment Bill 2011


                               A Bill for


An Act to amend the Community Protection (Offender Reporting)
Act 2004 and to make consequential amendments to the Freedom of
Information Act 1992.



The Parliament of Western Australia enacts as follows:




                                                           page 1
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 1        Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Community Protection (Offender Reporting)
4             Amendment Act 2011.

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 2011
                Community Protection (Offender Reporting) Act 2004     Part 2
                                                         amended
                                                Main amendments    Division 1
                                                                          s. 3


1     Part 2 -- Community Protection (Offender Reporting)
2                   Act 2004 amended
3                        Division 1 -- Main amendments
4    3.         Act amended
5               This Part amends the Community Protection (Offender
6               Reporting) Act 2004.

7    4.         Section 3 amended
8         (1)   In section 3 in the definition of past offender reporting order
9               delete "section 19;" and insert:
10

11              section 19 or 20A;
12

13        (2)   In section 3 in the definition of public authority delete
14              paragraph (c) and insert:
15

16                      (c)   a body, whether incorporated or not, or the
17                            holder of an office, being a body or office that
18                            is established for a public purpose under a
19                            written law and that, under the authority of a
20                            written law, performs a function on behalf of
21                            the State;
22


23   5.         Section 7 amended
24              In section 7(b)(i) delete "longer period than he or she would be
25              required to report under this Act; or" and insert:
26

27              particular period; or
28




                                                                            page 3
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 6


1    6.          Section 13 amended
2         (1)    In section 13(5) delete "must" and insert:
3

4                may
5

6         (2)    After section 13(6) insert:
7

8               (7A)   If the order is not made at the time the person is
9                      sentenced for the offence, an application for the
10                     imposition of the order may be made to the court by the
11                     Commissioner --
12                       (a) within the period of 6 months after the person is
13                              sentenced for the offence; or
14                       (b) if the person is in government custody during
15                              all or any part of that period -- within the
16                              period that begins when the person is sentenced
17                              for the offence and ends 6 months after the
18                              person ceases to be in government custody.
19              (7B)   For the purposes of an application made under
20                     subsection (7A), the reference in subsection (4)(b) to
21                     the prosecution is taken to include a reference to the
22                     Commissioner.
23              (7C)   Sections 16, 17, 18, 20 and 21 apply in relation to an
24                     application made under subsection (7A) --
25                       (a) as if any reference to a court in those sections
26                             were a reference to the court referred to in this
27                             section; and
28                       (b) as if any reference to a reporting order in those
29                             sections were a reference to an order made
30                             under this section; and




     page 4
                Community Protection (Offender Reporting) Amendment Bill 2011
                Community Protection (Offender Reporting) Act 2004     Part 2
                                                         amended
                                                Main amendments    Division 1
                                                                          s. 7


1                       (c)   as if any reference to the respondent in those
2                             sections were a reference to the offender
3                             referred to in this section; and
4                       (d)   with any other necessary modifications.
5


6    7.         Section 14A inserted
7               At the end of Part 2 Division 1 insert:
8


9           14A.      Consent orders
10                    On an application under section 13(6) or (7A), a court
11                    may make an offender reporting order without being
12                    subject to section 13 if the applicant and the offender
13                    consent to the making of the order.
14


15   8.         Section 17 amended
16        (1)   In section 17 delete "Evidence" and insert:
17

18              (1)   Evidence
19

20        (2)   At the end of the section insert:
21

22              (2)   An affidavit for use in the hearing must be confined to
23                    the evidence the person making it could give orally,
24                    except that it may contain statements based on
25                    information and belief if the person making the
26                    affidavit states the source of the information and the
27                    grounds for the belief.
28              (3)   For the purposes of the hearing, the Commissioner is
29                    entitled, on request, to inspect or obtain a copy of any



                                                                               page 5
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 9


1                        document relating to the respondent held by the
2                        Children's Court --
3                          (a) that is part of the court record; or
4                         (b) that was received by that court in sentencing
5                               proceedings.
6                (4)     In subsection (3) --
7                        court record has the meaning given in the Children's
8                        Court of Western Australia Act 1988 section 51A(1).
9                (5)     Subsection (3) does not limit the Children's Court of
10                       Western Australia Act 1988 section 51A(3).
11


12   9.          Section 19 amended
13        (1)    In section 19(1):
14                 (a) after "that a person" insert:
15

16                        (the past offender)
17

18                 (b)    delete "person poses" and insert:
19

20                        past offender poses
21

22        (2)    After section 19(2) insert:
23

24              (3A)     In deciding whether to make an order under this section
25                       in respect of an offence, the court may take into
26                       account the following --
27                         (a) any evidence given during proceedings for the
28                               offence;
29                         (b) any document or record (including an
30                               electronic document or record) served on the


     page 6
             Community Protection (Offender Reporting) Amendment Bill 2011
             Community Protection (Offender Reporting) Act 2004     Part 2
                                                      amended
                                             Main amendments    Division 1
                                                                      s. 10


1                          past offender by the prosecution or the
2                          Commissioner;
3                    (c)   any statement tendered, or deposition made, or
4                          exhibit tendered, at any proceedings in relation
5                          to the offence;
6                    (d)   the period of time since the offence was
7                          committed;
8                    (e)   the age of the past offender and the age of any
9                          victim of the offence at the time the offence
10                         was committed;
11                   (f)   the difference in age between the past offender
12                         and any victim of the offence;
13                   (g)   the seriousness of the past offender's total
14                         criminal record;
15                   (h)   any other matter the court considers relevant.
16          (3B)   The fact that an offence in respect of which a past
17                 offender has been found guilty becomes spent does not
18                 affect the consideration of the offence as part of the
19                 past offender's total criminal record for the purposes of
20                 subsection (3A)(g).
21


22   10.     Section 20A inserted
23           After section 19 insert:
24

25         20A.    Consent orders
26           (1)   In this section --
27                 past offender has the same meaning as in section 19.
28           (2)   On an application under section 15, a court may make a
29                 reporting order without being subject to section 19 if
30                 the applicant and the past offender consent to the
31                 making of the order.
32


                                                                        page 7
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 11


1    11.          Section 22 amended
2                 In section 22(1)(b) delete "order," and insert:
3

4                 order under section 19,
5


6    12.          Section 24 amended
7          (1)    In section 24(1) delete "A" and insert:
8

9                 Subject to subsection (2A), a
10

11         (2)    After section 24(1) insert:
12

13               (2A)   A reportable offender who must comply with the
14                      reporting obligations of this Act because of the making
15                      of an offender reporting order or a past offender
16                      reporting order must report his or her personal details
17                      to the Commissioner --
18                        (a) within 7 days after the order is made; or
19                        (b) if he or she is in government custody -- within
20                              7 days after ceasing to be in government
21                              custody.
22

23         (3)    In section 24(2) delete "subsection (1)," and insert:
24

25                subsections (1) and (2A),
26




     page 8
                 Community Protection (Offender Reporting) Amendment Bill 2011
                 Community Protection (Offender Reporting) Act 2004     Part 2
                                                          amended
                                                 Main amendments    Division 1
                                                                          s. 13


1    13.         Section 26 amended
2          (1)   In section 26(1):
3                  (a) after paragraph (c) insert:
4

5                       (daa)   details of any passport that he or she holds,
6                               including its number and expiry date and the
7                               name of the country that issued it; and
8

9                 (b)     in paragraph (de)(i) delete "internet";
10                (c)     after paragraph (de) insert:
11

12                       (df)   any user name, code, password or other
13                              information that he or she uses to gain access
14                              to --
15                                 (i) the internet generally or a particular
16                                     website, other than a website operated
17                                     by an authorised deposit-taking
18                                     institution, as defined in the Banking
19                                     Act 1959 (Commonwealth), or a website
20                                     approved by the Commissioner under
21                                     subsection (1b); or
22                                (ii) an email address referred to in
23                                     paragraph (db) or a communication
24                                     service referred to in paragraph (de);
25                              and
26

27                (d)     after paragraph (e) insert:
28

29                       (fa)   the address of each of the premises at which --
30                                 (i) he or she is regularly present; and
31                                (ii) any children generally reside;
32                              and
33


                                                                                page 9
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 13


1       (2)     After section 26(1a) insert:
2

3              (1b)     For the purposes of subsection (1)(df)(i), the
4                       Commissioner may, at the written request of a
5                       reportable offender, approve a website used by the
6                       offender if the Commissioner is satisfied that the
7                       website is used by the offender only for lawful
8                       purposes in connection with recording financial
9                       information or making financial transactions.
10

11      (3)     In section 26(2):
12                (a) in paragraph (a) delete "14 days" and insert:
13

14                       7 days
15

16               (b)     in paragraphs (b) and (c) delete "14 days" and insert:
17

18                       3 days
19

20                (c)    after paragraph (c) insert:
21

22                      (da)   a reportable offender is not regularly present at
23                             any premises unless he or she is present at those
24                             premises for at least 7 days (whether
25                             consecutive or not) in any period of 12 months;
26                             and
27                      (db)   a child does not generally reside at any
28                             premises unless he or she resides at those
29                             premises for at least 3 days (whether
30                             consecutive or not) in any period of 12 months;
31                             and
32




     page 10
                 Community Protection (Offender Reporting) Amendment Bill 2011
                 Community Protection (Offender Reporting) Act 2004     Part 2
                                                          amended
                                                 Main amendments    Division 1
                                                                          s. 14


1                 (d)     in paragraphs (d) and (e) delete "14 days" and insert:
2

3                         7 days
4

5                  (e)    after each of paragraphs (a), (b) and (c) insert:
6

7                         and
8


9    14.         Section 29 amended
10         (1)   Delete section 29(1) and insert:
11

12               (1)     A reportable offender must report to the Commissioner
13                       any change in his or her personal details --
14                         (a) if subsection (2)(a) or (b) applies to the change,
15                              within 24 hours after that change occurs; or
16                         (b) otherwise, within 7 days after that change
17                              occurs.
18

19         (2)   In section 29(2):
20                 (a) after paragraph (b) insert:
21

22                       (ca)    as to when the reportable offender is present at
23                               a place; or
24

25                (b)     delete "14 day period referred to in section 26(2)." and
26                        insert:
27

28                       7 day period referred to in section 26(2)(a), (da), (d) or
29                       (e) or the relevant 3 day period referred to in
30                       section 26(2)(b), (c) or (db).
31




                                                                               page 11
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 15


1                  (c)   after each of paragraphs (a) and (b) insert:
2

3                        or
4


5    15.         Section 37 amended
6          (1)   In section 37(1) delete "this Part," and insert:
7

8                Division 1,
9

10         (2)   In section 37(3):
11                 (a) after "If a report" insert:
12

13                       under this Part
14

15                (b)    in paragraph (b) delete "and" and insert:
16

17                       and, if applicable,
18


19   16.         Section 38 amended
20               Delete section 38(1)(a) and insert:
21

22                       (a)   present for inspection to verify or support
23                             details in the report --
24                               (i) any passport that the reportable offender
25                                     holds; or
26                              (ii) if the reportable offender does not hold
27                                     a passport -- the form of identification
28                                     or other document, relating to the
29                                     identity of the reportable offender,
30                                     specified by the regulations for the
31                                     purposes of this paragraph;

     page 12
                 Community Protection (Offender Reporting) Amendment Bill 2011
                 Community Protection (Offender Reporting) Act 2004     Part 2
                                                          amended
                                                 Main amendments    Division 1
                                                                          s. 17


1                                and
2


3    17.         Section 40 amended
4          (1)   In section 40(2) delete "this section," and insert:
5

6                subsection (1),
7

8          (2)   After section 40(2) insert:
9

10               (3)   An authorised person may photograph any premises or
11                     vehicle included in the personal details reported by a
12                     reportable offender under this Part.
13               (4)   Subsection (3) does not confer a power on an
14                     authorised person to enter any premises or vehicle.
15


16   18.         Section 41 amended
17         (1)   In section 41(1) delete "or 40," and insert:
18

19               or 40(1),
20

21         (2)   In section 41(2)(b) delete "section 40" and insert:
22

23               section 40(1)
24

25         (3)   In section 41(3) delete "or 40," and insert:
26

27               or 40(1),
28




                                                                             page 13
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 19


1    19.          Section 49 amended
2                 In section 49(1) delete "for the longer period (the recognised
3                 foreign reporting period) referred to in section 7(b)(i)." and
4                 insert:
5

6                       for --
7                         (a) the period (the recognised foreign reporting
8                             period) referred to in section 7(b)(i); or
9                         (b) the period that, apart from this section, he or
10                            she would be required to report under this Act,
11                      whichever is the longer period.
12


13   20.          Section 62 amended
14                After section 62(1) insert:
15

16               (2A)   The approval of the suspension of a reportable
17                      offender's reporting obligations under this Division
18                      also ceases to have effect if the Commissioner --
19                        (a) is no longer satisfied that the reportable
20                              offender does not pose a risk to the lives or the
21                              sexual safety of one or more persons, or
22                              persons generally; and
23                        (b) gives the reportable offender written notice to
24                              that effect.
25


26   21.          Section 63 amended
27         (1)    In section 63(1) delete "an offence." and insert:
28

29                a crime.
30



     page 14
                 Community Protection (Offender Reporting) Amendment Bill 2011
                 Community Protection (Offender Reporting) Act 2004     Part 2
                                                          amended
                                                 Main amendments    Division 1
                                                                          s. 22


1          (2)   In section 63(1) delete the Penalty and insert:
2

3                      Penalty: imprisonment for 5 years.
4                      Summary conviction penalty: a fine of $12 000 and
5                         imprisonment for 2 years.
6


7    22.         Section 64 amended
8          (1)   In section 64 delete "an offence." and insert:
9

10               a crime.
11

12         (2)   In section 64 delete the Penalty and insert:
13

14                     Penalty: imprisonment for 5 years.
15                     Summary conviction penalty: a fine of $12 000 and
16                        imprisonment for 2 years.
17


18   23.         Part 4A inserted
19               After section 79 insert:
20


21                          Part 4A -- Change of name
22           80A.      Terms used
23                     In this Part --
24                     change of name application means an application
25                     proposed to be made by or in respect of a reportable
26                     offender for the registration of a change of the
27                     reportable offender's name for which approval is
28                     required under section 80C;



                                                                          page 15
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 23


1                    interstate Registrar means an authority responsible
2                    under a law of another State or a Territory for the
3                    registration of births, deaths and marriages;
4                    Registration Act means the Births, Deaths and
5                    Marriages Registration Act 1998;
6                    WA Registrar means the Registrar as defined in the
7                    Registration Act section 4.

8         80B.       Application
9                    This Part applies despite anything to the contrary in the
10                   Registration Act.

11        80C.       Application for change of name by or in respect of
12                   reportable offender
13             (1)   A reportable offender must not --
14                    (a) apply to the WA Registrar to register a change
15                          of his or her name under the Registration Act;
16                          or
17                    (b) apply to an interstate Registrar to register a
18                          change of his or her name under a law of
19                          another State or a Territory that is the
20                          equivalent of the Registration Act,
21                   without having first obtained the written approval of
22                   the Commissioner.
23                   Penalty: a fine of $12 000 and imprisonment for
24                       2 years.
25             (2)   A person must not in respect of a reportable
26                   offender --
27                     (a) apply to the WA Registrar to register a change
28                          of the reportable offender's name under the
29                          Registration Act; or
30                     (b) apply to an interstate Registrar to register a
31                          change of the reportable offender's name under


     page 16
       Community Protection (Offender Reporting) Amendment Bill 2011
       Community Protection (Offender Reporting) Act 2004     Part 2
                                                amended
                                       Main amendments    Division 1
                                                                s. 23


1                   a law of another State or a Territory that is the
2                   equivalent of the Registration Act,
3            without having first obtained the written approval of
4            the Commissioner.
5            Penalty: a fine of $12 000 and imprisonment for
6                2 years.

7    80D.    Approval by Commissioner
8      (1)   A person may apply to the Commissioner for approval
9            of a change of name application.
10     (2)   The application must be made in a manner approved by
11           the Commissioner.
12     (3)   The Commissioner may approve a change of name
13           application only if the Commissioner is satisfied that
14           the change of name is in all the circumstances
15           necessary or reasonable.
16     (4)   The Commissioner must not approve a change of name
17           application if the Commissioner is satisfied that the
18           change of name would, if registered, be reasonably
19           likely --
20             (a) to be regarded as offensive by a victim of crime
21                   or a significant sector of the community; or
22             (b) to frustrate the administration of this Act in
23                   respect of the reportable offender who is the
24                   subject of the change of name application.
25     (5)   If the Commissioner approves a change of name
26           application, the Commissioner must --
27             (a) as soon as is practicable, give written notice of
28                   the approval to the person who made the
29                   application under subsection (1); and




                                                                  page 17
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 23


1                     (b)   give a copy of the written notice of approval to
2                           the WA Registrar or the interstate Registrar, as
3                           the case requires.

4         80E.       Registration of change of name
5              (1)   The WA Registrar must not register a change of name
6                    under the Registration Act if --
7                      (a) the WA Registrar knows that the change of
8                            name relates to the name of a reportable
9                            offender; and
10                    (b) the WA Registrar has not received a copy of the
11                           written notice of approval of the Commissioner
12                           under section 80D.
13             (2)   If the WA Registrar does not register a change of name
14                   because of the operation of subsection (1), the WA
15                   Registrar must give written notice to the Commissioner
16                   of the application to register the change of name.

17        80F.       WA Registrar to correct Registration Act Register
18             (1)   In this section --
19                   Registration Act Register means the Register referred
20                   to in the Registration Act section 49(1).
21             (2)   Without limiting the Registration Act section 51, the
22                   WA Registrar must correct the Registration Act
23                   Register under that section if the WA Registrar knows
24                   that --
25                     (a) the name of a reportable offender on the
26                          Registration Act Register has been changed on
27                          or after the commencement of this Part; and
28                     (b) the Commissioner has not approved that change
29                          under this Part.




     page 18
             Community Protection (Offender Reporting) Amendment Bill 2011
             Community Protection (Offender Reporting) Act 2004     Part 2
                                                      amended
                                             Main amendments    Division 1
                                                                      s. 24


1          80G.    Exchange of information between Commissioner
2                  and WA Registrar
3            (1)   The Commissioner must notify the WA Registrar --
4                   (a) of the name (including any other name by
5                        which the reportable offender is or has
6                        previously been known of which the
7                        Commissioner is aware) and date of birth of
8                        every reportable offender; and
9                   (b) of an application made to the Commissioner to
10                       approve a change of name application.
11           (2)   Without limiting section 80E(2), the WA Registrar
12                 may notify the Commissioner of an application made
13                 to the WA Registrar to register a change of name that
14                 the WA Registrar suspects may relate to the name of a
15                 reportable offender.
16           (3)   The WA Registrar must maintain the confidentiality of
17                 any information given by the Commissioner under this
18                 Part.
19           (4)   This section has effect despite any written or other law
20                 to the contrary.
21


22   24.     Section 80 amended
23           In section 80(2)(d) delete "prohibition order" and insert:
24

25                 protection order, or supervision order under the
26                 Dangerous Sexual Offenders Act 2006,
27




                                                                          page 19
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 25


1    25.         Section 82 amended
2                In section 82(1):
3                  (a) after paragraph (c) insert:
4

5                       (da)   for the purpose of proceedings on an
6                              application for, or for the variation or
7                              revocation of, a protection order; or
8

9                 (b)    after each of paragraphs (a), (b) and (c) insert:
10

11                       or
12


13   26.         Section 85 amended
14               In section 85 insert in alphabetical order:
15

16                      authorised police officer means a police officer
17                      authorised in writing by the Commissioner for the
18                      purposes of the provision in which the term is used;
19


20   27.         Section 86 amended
21         (1)   In section 86 delete "Evidence" and insert:
22

23               (1)    Evidence
24

25         (2)   At the end of the section insert:
26

27               (2)    An affidavit for use in the hearing must be confined to
28                      the evidence the person making it could give orally,
29                      except that it may contain statements based on
30                      information and belief if the person making the


     page 20
             Community Protection (Offender Reporting) Amendment Bill 2011
             Community Protection (Offender Reporting) Act 2004     Part 2
                                                      amended
                                             Main amendments    Division 1
                                                                      s. 28


1                      affidavit states the source of the information and the
2                      grounds for the belief.
3                (3)   For the purposes of the hearing, the Commissioner is
4                      entitled, on request, to inspect or obtain a copy of any
5                      document held by the Children's Court relating to the
6                      reportable offender --
7                        (a) that is part of the court record; or
8                        (b) that was received by that court in sentencing
9                              proceedings.
10               (4)   In subsection (3) --
11                     court record has the meaning given in the Children's
12                     Court of Western Australia Act 1988 section 51A(1).
13               (5)   Subsection (3) does not limit the Children's Court of
14                     Western Australia Act 1988 section 51A(3).
15


16   28.         Section 87 replaced
17               Delete section 87 and insert:
18


19         87.         Commissioner may apply for orders
20               (1)   The Commissioner may apply to a court for a
21                     protection order --
22                       (a) prohibiting a reportable offender from engaging
23                             in specified conduct; or
24                       (b) requiring a reportable offender to comply with
25                             the orders of the Commissioner, as referred to
26                             in section 94A; or
27                       (c) imposing on a reportable offender a prohibition
28                             under paragraph (a) and a requirement under
29                             paragraph (b).




                                                                            page 21
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 29


1                (2)   If the reportable offender is in government custody, an
2                      application may be made for an interim protection
3                      order only if the offender is expected to be released
4                      from government custody within the period of 30 days
5                      after the application is made.
6


7    29.         Section 90 amended
8          (1)   In section 90(1) delete "prohibition order prohibiting a person
9                from engaging in conduct specified in the".
10         (2)   After section 90(3)(f) insert:
11

12                     (ga)    any document or record (including an
13                             electronic document or record) served on the
14                             reportable offender by the Commissioner;
15


16   30.         Section 91 amended
17               Delete section 91(2) and insert:
18

19               (2)   Subject to subsection (3), the term for which a child
20                     protection order remains in force is at the discretion of
21                     the court, but an application can be made for a further
22                     order.
23               (3)   The term for which a child protection order remains in
24                     force, including the term of any further order, cannot
25                     extend beyond the reporting period that applies to the
26                     reportable offender.
27




     page 22
                  Community Protection (Offender Reporting) Amendment Bill 2011
                  Community Protection (Offender Reporting) Act 2004     Part 2
                                                           amended
                                                  Main amendments    Division 1
                                                                           s. 31


1    31.          Section 92 amended
2          (1)    Delete section 92(1) and insert:
3

4                 (1)   A court may make an interim child protection order
5                       prohibiting a reportable offender from engaging in
6                       conduct specified in the order if it appears to the court
7                       that it is necessary to do so --
8                         (a) to prevent an immediate risk to the lives or the
9                                 sexual safety of one or more children, or
10                                children generally; or
11                        (b) if the reportable offender is in government
12                                custody -- to prevent such a risk from arising
13                                on the offender's release from government
14                                custody.
15

16         (2)    After section 92(4) insert:
17

18               (5A)   Despite section 88, a court sentencing a reportable
19                      offender for an offence may, after imposing the
20                      sentence --
21                        (a) hear an application for an interim protection
22                             order; and
23                        (b) dispose of the application in accordance with
24                             section 89.
25

26         (3)    In section 92(5)(a) delete "fix" and insert:
27

28                subject to subsection (6A), fix
29




                                                                             page 23
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 32


1          (4)    After section 92(5) insert:
2

3                (6A)   If the reportable offender is in government custody
4                       when an interim protection order is made, the court
5                       must fix the further hearing of the application for a
6                       time after the offender's release from government
7                       custody.
8


9    32.          Section 93 amended
10         (1)    Delete section 93(1)(c) and insert:
11

12                      (ca)    residing at a specified place;
13                      (cb)    a person changing the place where he or she
14                              generally resides (as described in
15                              section 29A(1)) without first having obtained
16                              the permission of the Commissioner to do so;
17                       (cc)   travelling out of Australia without first having
18                              obtained the permission of the Commissioner to
19                              do so;
20                      (cd)    consuming or using alcohol, drugs or other
21                              specified substances;
22                        (c)   engaging in other specified behaviour;
23

24         (2)    In section 93(4) delete "a place" and insert:
25

26                a place, including a place where he or she resides,
27

28         (3)    After section 93(5) insert:
29

30                (6)   A protection order may, in addition to or instead of
31                      prohibiting conduct, impose requirements on a


     page 24
             Community Protection (Offender Reporting) Amendment Bill 2011
             Community Protection (Offender Reporting) Act 2004     Part 2
                                                      amended
                                             Main amendments    Division 1
                                                                      s. 33


1                  reportable offender as the court considers appropriate
2                  to reduce the risk posed by the reportable offender to
3                  the lives or sexual safety of one or more children, or
4                  children generally.
5


6    33.     Sections 94A, 94B and 94C inserted
7            After section 93 insert:
8


9          94A.    Reportable offenders may be required to undergo
10                 assessment and treatment
11           (1)   Without limiting section 93(6), a protection order may
12                 require a reportable offender to comply with the orders
13                 of the Commissioner as to undergoing assessment by a
14                 medical practitioner, a psychiatrist, a psychologist or a
15                 social worker, or more than one of them and, if
16                 necessary, appropriate treatment.
17           (2)   The Commissioner must not order a reportable
18                 offender to undergo treatment of any sort unless a
19                 person qualified to recommend or administer the
20                 treatment has recommended that the offender undergo
21                 that treatment.
22           (3)   A person must not administer treatment of any sort that
23                 is the subject of an order of the Commissioner without
24                 the informed consent of the reportable offender who is
25                 to undergo the treatment.
26           (4)   The requirement for a reportable offender to comply
27                 with the orders of the Commissioner as to undergoing
28                 any assessment or treatment ceases to be in force
29                 when --
30                   (a) the Commissioner, on the recommendation of
31                         the person administering the treatment (if



                                                                        page 25
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 33


1                           applicable), gives the offender notice to that
2                           effect; or
3                     (b)   the protection order, or that requirement
4                           imposed by the protection order, ceases to be in
5                           force,
6                    whichever happens first.
7              (5)   The regulations may --
8                     (a) provide for the authorisation of absences from
9                           assessment or treatment required to be
10                          undergone by the orders of the Commissioner
11                          under subsection (1);
12                    (b) regulate the consequences of injury or sickness
13                          with respect to complying with the orders of the
14                          Commissioner under subsection (1);
15                    (c) prescribe the matters that a person providing
16                          assessment or administering treatment for the
17                          purposes of a protection order under this
18                          section must report to the Commissioner;
19                    (d) without limiting section 96, provide for the
20                          variation of protection orders under this section
21                          in relation to reportable offenders --
22                             (i) who fail to comply with the orders of
23                                   the Commissioner under subsection (1);
24                                   or
25                            (ii) whose compliance with those orders is
26                                   affected by an authorised absence,
27                                   injury or sickness,
28                          including the variation of protection orders by
29                          the imposition of additional requirements on
30                          those offenders;
31                    (e) authorise the Commissioner to approve forms
32                          for the purposes of this subsection.



     page 26
       Community Protection (Offender Reporting) Amendment Bill 2011
       Community Protection (Offender Reporting) Act 2004     Part 2
                                                amended
                                       Main amendments    Division 1
                                                                s. 33


1    94B.    Reportable offenders may be required to submit to
2            tests or give samples for analysis
3      (1)   If a protection order prohibits a reportable offender
4            from consuming or using alcohol, drugs or any other
5            specified substance, an authorised police officer may
6            exercise the powers under this section to determine
7            whether there is any evidence that the person has
8            breached the order.
9      (2)   An authorised police officer may require the reportable
10           offender to do one or more of the following --
11             (a) submit to a breath test or an oral fluid test;
12             (b) give a sample of the offender's blood, urine or
13                  oral fluid for analysis.
14     (3)   A requirement under subsection (2)(b) must --
15            (a) specify the day on which and time and place at
16                  which the reportable offender is to attend; and
17            (b) indicate what sample or samples are to be
18                  given.
19     (4)   If a requirement is made under subsection (2) --
20             (a) any breath test or oral fluid test is to be
21                   conducted; and
22             (b) any sample is to be taken and dealt with,
23           in accordance with the regulations.
24     (5)   A person who, without reasonable excuse, fails to
25           comply with a requirement under subsection (2)
26           commits an offence.
27           Penalty: a fine of $12 000 and imprisonment for
28              2 years.
29     (6)   When requiring a reportable offender to submit to a test
30           or give a sample under subsection (2), an authorised
31           police officer must warn the offender that it is an
32           offence to fail to comply with the requirement unless
33           the offender has a reasonable excuse.

                                                                 page 27
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 33


1              (7)   A person must not use a sample provided in
2                    compliance with a requirement under subsection (2) to
3                    obtain the DNA of the person who provided the
4                    sample.
5                    Penalty: imprisonment for 12 months.
6              (8)   The regulations may provide for the following
7                    matters --
8                     (a) the manner of making requirements under
9                            subsection (2);
10                    (b) the manner of conducting breath tests and oral
11                           fluid tests and taking, collecting or dealing with
12                           samples of blood, urine and oral fluid and their
13                           analysis;
14                    (c) the authorisation of persons as analysts for the
15                           purposes of this section;
16                    (d) the reporting of the results of breath or oral
17                           fluid tests or blood, urine or oral fluid analysis;
18                    (e) the collection, keeping and disposal of samples;
19                     (f) the approval of equipment or apparatus for the
20                           purposes of testing or analysis;
21                    (g) the devices used in conducting breath tests and
22                           oral fluid tests, including the calibration,
23                           inspection and testing of those devices;
24                    (h) the requirement that a person who submits to a
25                           breath test or oral fluid test, or who gives a
26                           sample of blood, urine or oral fluid for analysis,
27                           is to provide proof of his or her identity;
28                     (i) the admissibility in any proceedings of
29                           certificate evidence, including certificate
30                           evidence of --
31                              (i) the authorisation referred to in
32                                   paragraph (c); and



     page 28
       Community Protection (Offender Reporting) Amendment Bill 2011
       Community Protection (Offender Reporting) Act 2004     Part 2
                                                amended
                                       Main amendments    Division 1
                                                                s. 33


1                     (ii)   the results referred to in paragraph (d);
2                            and
3                    (iii)   the approval referred to in paragraph (f).
4      (9)   The powers that a police officer may exercise under
5            this section are in addition to, and do not derogate
6            from, the powers that the police officer has under any
7            other law.

8    94C.    Authorised police officers may enter premises to
9            inspect computers
10     (1)   In this section --
11           computer includes any device capable of storing
12           electronic data;
13           generally resides has the meaning given to that term in
14           section 29A(1);
15           senior police officer means a police officer who is, or
16           is acting as, a sergeant or an officer above the rank of
17           sergeant.
18     (2)   If a protection order prohibits conduct that relates to
19           the use by a reportable offender of the internet, an
20           authorised police officer may, at any time and without
21           a warrant, enter premises where the offender generally
22           resides and exercise a power under subsection (3) to
23           determine whether there is any evidence that the
24           offender has breached the order.
25     (3)   The authorised police officer may --
26            (a) inspect any computer that is at the premises; or
27            (b) seize any computer at the premises and remove
28                  it from the premises for the purpose of
29                  inspecting it.




                                                                  page 29
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 33


1              (4)   The reportable offender must if required by the
2                    authorised police officer to do so --
3                      (a) provide the officer with any user name, code,
4                            password or other information the offender
5                            knows is needed to gain access to the electronic
6                            data stored in a computer; or
7                      (b) otherwise assist the officer to gain access to the
8                            electronic data stored in a computer.
9                    Penalty: a fine of $12 000 and imprisonment for
10                       2 years.
11             (5)   If a person is found guilty of an offence --
12                     (a) under section 101 in relation to conduct of the
13                           kind referred to in subsection (2); or
14                     (b) under subsection (4),
15                   in relation to a computer, the computer is forfeited to
16                   the State.
17             (6)   The Criminal and Found Property Disposal Act 2006
18                   applies to and in relation to a computer that is seized
19                   under subsection (3) or forfeited under subsection (5).
20             (7)   An authorised police officer may use reasonable force
21                   in the exercise of a power under subsection (2) or (3).
22             (8)   Unless the exercise of the power is authorised by a
23                   senior police officer, a power under subsection (2) or
24                   (3) must not be exercised in relation to particular
25                   premises more than once in any period of 12 months.
26             (9)   The powers that a police officer may exercise under
27                   this section are in addition to, and do not derogate
28                   from, the powers that the police officer has under any
29                   other law.
30




     page 30
                  Community Protection (Offender Reporting) Amendment Bill 2011
                  Community Protection (Offender Reporting) Act 2004     Part 2
                                                           amended
                                                  Main amendments    Division 1
                                                                           s. 34


1    34.          Section 101 amended
2          (1)    In section 101(1) delete "an offence." and insert:
3

4                 a crime.
5

6          (2)    In section 101(1) delete the Penalty and insert:
7

8                       Penalty: imprisonment for 5 years.
9                       Summary conviction penalty: a fine of $12 000 and
10                         imprisonment for 2 years.
11

12         (3)    After section 101(1) insert:
13

14               (2A)   Subsection (1) does not apply in relation to a failure to
15                      comply with an order of the Commissioner under
16                      section 94A(1) to undergo assessment or treatment.
17


18   35.          Section 105 deleted
19                Delete section 105.

20   36.          Section 110A inserted
21                After section 109 insert:
22


23           110A.      Public authorities to provide Commissioner with
24                      certain information
25                (1)   In this section --
26                      application means --
27                        (a) an application under section 13(7A) for the
28                               imposition of an offender reporting order; or


                                                                             page 31
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 1    Main amendments
     s. 37


1                     (b)    an application under section 15 for an order that
2                            a person comply with the reporting obligations
3                            of this Act; or
4                      (c) an application for an order under Part 5;
5                    management, of a reportable offender, includes
6                    monitoring the reportable offender's compliance with
7                    the reporting obligations of this Act.
8              (2)   The Commissioner may, by notice in writing, direct
9                    any public authority to provide to the Commissioner,
10                   on or before a day specified in the notice, any
11                   information held by the public authority that is relevant
12                   to --
13                     (a) the assessment and management of a reportable
14                           offender; or
15                     (b) the Commissioner's determination whether to
16                           make an application; or
17                     (c) the Commissioner's making or responding to
18                           an application.
19             (3)   A public authority given a direction under
20                   subsection (2) is authorised and required to provide to
21                   the Commissioner the information sought by the
22                   direction.
23             (4)   A public authority is not required to give information
24                   that is subject to legal professional privilege.
25

26   37.       Section 115B inserted
27             After section 115A insert:
28

29         115B.     Further transitional arrangements for certain
30                   offenders sentenced for Class 2 offences
31             (1)   This section applies to a person --
32                    (a) who was sentenced on or after the
33                          commencement day and before the day (the

     page 32
     Community Protection (Offender Reporting) Amendment Bill 2011
     Community Protection (Offender Reporting) Act 2004     Part 2
                                              amended
                                     Main amendments    Division 1
                                                              s. 37


1                  relevant day) on which the Community
2                  Protection (Offender Reporting) Amendment
3                  Act 2011 section 38 came into operation for an
4                  offence (a relevant offence) against --
5                    (i) The Criminal Code section 204A; or
6                   (ii) The Criminal Code section 332 or 343,
7                         if the person against whom the offence
8                         was committed was, at the time the
9                         offence was committed, a child who
10                        was neither a de facto child nor lineal
11                        relative, as defined in The Criminal
12                        Code section 329(1), of the offender;
13                 and
14          (b)    who is not, apart from this section, a reportable
15                 offender.
16   (2)   This section also applies to a person --
17          (a) who would have been an existing controlled
18                reportable offender on the commencement day
19                if the amendments made to Schedule 2 by the
20                Community Protection (Offender Reporting)
21                Amendment Act 2011 section 38 were in effect
22                on that day; and
23          (b) who is not, apart from this section, a reportable
24                offender.
25   (3)   If this section applies to a person, the person is taken
26         for the purposes of this Act --
27           (a) to be a reportable offender in respect of a
28                  Class 2 offence; and
29           (b) to have been sentenced for that offence on the
30                  relevant day.
31   (4)   Nothing in this section limits the operation of this Act
32         in respect of a person who is sentenced for a relevant
33         offence on or after the relevant day.
34


                                                                page 33
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 2    Various references to "prohibition order" or "prohibition orders"
                   amended
     s. 38

1    38.         Schedule 2 amended
2                In Schedule 2:
3                  (a) after the item relating to The Criminal Code section 186
4                       insert:
5

           s. 204A                        Showing offensive material to child
                                          under 16
6

7                    (b)    after the item relating to The Criminal Code
8                           section 331D insert:
9

           s. 332                         Kidnapping (if the person against whom the
                                          offence is committed is a child who is
                                          neither a de facto child nor lineal relative, as
                                          defined in The Criminal Code
                                          section 329(1), of the offender)
           s. 343                         Child stealing (if the child against whom the
                                          offence is committed is neither a de facto
                                          child nor lineal relative, as defined in
                                          The Criminal Code section 329(1), of the
                                          offender)
10


11         Division 2 -- Various references to "prohibition order" or
12                      "prohibition orders" amended
13   39.         Section 3 amended
14         (1)   In section 3 delete the definition of prohibition order.
15         (2)   In section 3 insert in alphabetical order:
16

17                         protection order has the meaning given to that term in
18                         section 85;
19




     page 34
              Community Protection (Offender Reporting) Amendment Bill 2011
              Community Protection (Offender Reporting) Act 2004           Part 2
                                                             amended
     Various references to "prohibition order" or "prohibition orders" Division 2
                                                             amended
                                                                            s. 40

1    40.         Part 5 heading amended

2                In the heading to Part 5 delete "Prohibition" and insert:
3


4                Protection
5


6    41.         Section 85 amended
7          (1)   In section 85 delete the definitions of:
8                child protection prohibition order
9                corresponding prohibition order
10               interim prohibition order
11               prohibition order
12         (2)   In section 85 insert in alphabetical order:
13

14                     child protection order means a child protection order
15                     made under section 90 or 95(1);
16                     corresponding protection order means an order made
17                     by a court of a foreign jurisdiction that falls within a
18                     class of orders that are prescribed by the regulations to
19                     be corresponding protection orders for the purposes of
20                     this Act;
21                     interim protection order means an interim child
22                     protection order made under section 92 or 95(2);
23                     protection order means a child protection order or an
24                     interim protection order;
25

26         (3)   In section 85 in the definition of registrar delete "prohibition"
27               and insert:
28

29               protection


                                                                            page 35
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 2        Community Protection (Offender Reporting) Act 2004
                   amended
     Division 2    Various references to "prohibition order" or "prohibition orders"
                   amended
     s. 42

1

2          (4)   In section 85 in the definition of respondent:
3                  (a) in paragraph (a) delete "prohibition" (each occurrence)
4                        and insert:
5

6                       protection
7

8                 (b)   in paragraph (b) delete "prohibition".

9    42.         Other references to "prohibition order" or "prohibition
10               orders" amended
11         (1)   In section 108(1) and (2) delete "prohibition orders" (each
12               occurrence) and insert:
13

14               protection orders
15

16         (2)   In the provisions listed in the Table delete "prohibition order"
17               (each occurrence) and insert:
18

19               protection order
20

21                                        Table
       s. 26(1)(j)                            s. 59(1)(a), (2)(b)(i) and (3)

       s. 62(1)(a), (2)(b)(i) and (3)         s. 88

       s. 89(a)                               s. 90(4)

       s. 92(3), (4), (5) and (7)             s. 93(1), (2), (3), (4) and (5)

       s. 94(1)                               s. 95(2)



     page 36
             Community Protection (Offender Reporting) Amendment Bill 2011
             Community Protection (Offender Reporting) Act 2004           Part 2
                                                            amended
    Various references to "prohibition order" or "prohibition orders" Division 2
                                                            amended
                                                                           s. 42


     s. 100                                     s. 101(1)

     s. 102(1)(b)                               s. 106(1)

     s. 107(2) and (3)                          s. 111(1)(e)

1     (3)     In the provisions listed in the Table delete "prohibition".
2                                          Table
     s. 44(3) and (4)                           s. 91(1)

     s. 95(1)                                   s. 96(1) and (2)

     s. 97(1) and (3)                           s. 98(a)

3             Note: The headings to the amended sections listed in the Table are to read
4                   as set out in the Table.

5                                                   Table

                   Amended                          Heading
                    section

               s. 90                Court may make child protection orders

               s. 91                Term of child protection orders

               s. 92                Interim child protection orders

               s. 96                Variation or revocation of child
                                    protection orders

               s. 107               Protection orders have no effect to
                                    extent of inconsistency with certain
                                    other orders

               s. 108               Recognition of protection orders made
                                    in other jurisdictions




                                                                                 page 37
     Community Protection (Offender Reporting) Amendment Bill 2011
     Part 3        Freedom of Information Act 1992 amended

     s. 43



1     Part 3 -- Freedom of Information Act 1992 amended
2    43.       Act amended
3              This Part amends the Freedom of Information Act 1992.

4    44.       Schedule 1 clause 14 amended
5              In Schedule 1 clause 14(5):
6                (a) in paragraph (e) delete "or (3)." and insert:
7

8                     or (3); or
9

10              (b)   after paragraph (e) insert:
11

12                     (f)   a person in respect of whom information is
13                           contained in the Community Protection Offender
14                           Register established under the Community
15                           Protection (Offender Reporting) Act 2004
16                           section 80.
17




 


[Index] [Search] [Download] [Related Items] [Help]