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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
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