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


DANGEROUS SEXUAL OFFENDERS LEGISLATION AMENDMENT BILL 2015

                    Western Australia


Dangerous Sexual Offenders Legislation
        Amendment Bill 2015

                        Contents

      Part 1 -- Preliminary
1.    Short title                                               2
2.    Commencement                                              2
      Part 2 -- Dangerous Sexual Offenders
           Act 2006 amended
3.    Act amended                                               3
4.    Section 3 amended                                         3
5.    Section 4A inserted                                       5
      4A.      When a person commits a serious sexual
               offence                                    5
6.    Section 4 amended                                         6
7.    Section 7A inserted                                       6
      7A.      DPP may take proceedings in the name of
               the State                                  6
8.    Section 7 amended                                         6
9.    Section 8 amended                                         7
10.   Section 10A inserted                                      9
      10A.     Offender's duty to disclose                9
11.   Section 10 replaced                                      11
      10.      Application may proceed even if offender
               discharged                                 11
12.   Section 11 amended                                       11
13.   Section 14 amended                                       11
14.   Section 15 deleted                                       12
15.   Section 16 amended                                       12
16.   Section 17A inserted                                     13
      17A.     Victim submissions                         13
17.   Section 17 amended                                       15
18.   Section 18 amended                                       15


                            171--2                              page i
Dangerous Sexual Offenders Legislation Amendment Bill 2015



Contents



      19.    Section 23A replaced                                      17
             23A.     Reports                                     17
      20.    Section 23 amended                                        17
      21.    Section 24A amended                                       18
      22.    Section 24 amended                                        18
      23.    Part 3 heading amended                                    19
      24.    Section 29 amended                                        19
      25.    Section 30 amended                                        20
      26.    Section 31 amended                                        20
      27.    Section 32 replaced                                       20
             32.      Reports                                     20
      28.    Section 33 amended                                        21
      29.    Section 34 amended                                        21
      30.    Section 35 amended                                        22
      31.    Part 5 heading replaced                                   22
             Part 5 -- Reports
      32.    Sections 37A and 37B inserted                             22
             37A.     Terms used                                  22
             37B.     Authority to examine                        23
      33.    Section 37 replaced                                       23
             37.      Preparation of report by qualified expert   23
             38A.     Preparation of other report                 24
      34.    Section 38 amended                                        24
      35.    Section 39 replaced                                       26
             39.      Copies of report to DPP and subject         26
      36.    Section 40AA inserted                                     26
             40AA.    Mentally unfit offender                     26
      37.    Section 40 amended                                        26
      38.    Section 41 amended                                        27
      39.    Section 42 amended                                        28
      40.    Section 43 amended                                        28
      41.    Section 44 amended                                        29
      42.    Section 46A amended                                       29
      43.    Section 46B inserted                                      30
             46B.     Exchange of information                     30
      44.    Various uses of term "has to" amended                     31
             Part 3 -- Criminal Procedure
                  Act 2004 amended
      45.    Act amended                                               33
      46.    Section 51 amended                                        33


page ii
      Dangerous Sexual Offenders Legislation Amendment Bill 2015



                                                        Contents



        Part 4 -- Evidence Act 1906 amended
47.     Act amended                                       34
48.     Section 36C amended                               34
        Part 5 -- Prisons Act 1981 amended
49.     Act amended                                       35
50.     Section 113B amended                              35
        Part 6 -- Sentence Administration
             Act 2003 amended
51.     Act amended                                       36
52.     Section 50 amended                                36
        Part 7 -- Sentencing Act 1995
             amended
53.     Act amended                                       37
54.     Section 8 amended                                 37
55.     Section 98 amended                                37
        Part 8 -- Young Offenders Act 1994
             amended
56.     Act amended                                       38
57.     Section 189 amended                               38
58.     Section 190 amended                               38




                                                         page iii
                           Western Australia


                      LEGISLATIVE COUNCIL

                      (As amended in Committee)

      Dangerous Sexual Offenders Legislation
              Amendment Bill 2015

                               A Bill for


An Act to amend --
•  the Dangerous Sexual Offenders Act 2006; and
•  the Criminal Procedure Act 2004; and
•  the Evidence Act 1906; and
•  the Prisons Act 1981; and
•  the Sentence Administration Act 2003; and
•  the Sentencing Act 1995; and
•  the Young Offenders Act 1994.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 1        Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Dangerous Sexual Offenders Legislation Amendment
4             Act 2015.

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
                   Dangerous Sexual Offenders Legislation Amendment Bill 2015
                    Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                             s. 3



1                 Part 2 -- Dangerous Sexual Offenders
2                          Act 2006 amended
3    3.         Act amended
4               This Part amends the Dangerous Sexual Offenders Act 2006.

5    4.         Section 3 amended
6         (1)   In section 3(1) delete the definitions of:
7               commit a serious sexual offence
8               continuing detention order
9               Division 2 continuing detention order
10              Division 2 order
11              Division 4 continuing detention order
12              serious sexual offence
13              supervision order
14              under sentence of imprisonment
15        (2)   In section 3(1) insert in alphabetical order:
16

17                    Board means the Prisoners Review Board established
18                    by the Sentence Administration Act 2003 section 102;
19                    commit a serious sexual offence has the meaning
20                    given in section 4A;
21                    continuing detention order means an order made
22                    under section 17(1)(a);
23                    Division 2 order means --
24                      (a) a continuing detention order; or
25                      (b) a supervision order made under
26                            section 17(1)(b);
27                    psychologist has the meaning given in the Mental
28                    Health Act 2014 section 4;


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     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 4



1                  qualified expert means --
2                    (a) a psychiatrist; or
3                    (b) a qualified psychologist;
4                  qualified psychologist means a psychologist holding a
5                  qualification or accreditation prescribed for the
6                  purposes of this definition;
7                  serious sexual offence means --
8                    (a) a serious sexual offence as defined in the
9                          Evidence Act 1906 section 106A; or
10                   (b) an offence of conspiracy or incitement to
11                         commit an offence referred to in paragraph (a);
12                         or
13                   (c) an offence against a law of the Commonwealth,
14                         of another State or of a Territory that is
15                         prescribed to correspond to an offence
16                         described in paragraph (a) or (b);
17                 supervision order means an order under
18                 section 17(1)(b) or 33(1)(b)(ii);
19                 under a custodial sentence means --
20                   (a) under a sentence of imprisonment imposed by a
21                         court of Western Australia (including an
22                         indefinite sentence imposed under the
23                         Sentencing Act 1995 section 98(1)) or an
24                         indeterminate sentence imposed under The
25                         Criminal Code section 661 or 662; or
26                   (b) under a sentence of imprisonment imposed
27                         under a law of the Commonwealth; or
28                   (c) under a sentence of imprisonment that under
29                         the Prisoners (Interstate Transfer) Act 1983
30                         section 25(1) is deemed to have been imposed
31                         by a court of Western Australia; or
32                   (d) under a sentence of detention under the Young
33                         Offenders Act 1994 for an offence committed


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                  Dangerous Sexual Offenders Legislation Amendment Bill 2015
                   Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                               s. 5



1                           after the offender had reached 16 years of age,
2                           the term of which has not elapsed;
3                   victim means a person upon whom a serious sexual
4                   offence has been committed by a person who is or has
5                   been an offender;
6                   victim submission means a submission made under
7                   section 17A(3) or (4).
8


9    5.     Section 4A inserted
10          After section 3 insert:
11


12        4A.       When a person commits a serious sexual offence
13          (1)     For the purposes of this Act, unless the contrary
14                  intention appears, a person commits a serious sexual
15                  offence if the person --
16                    (a) does an act or makes an omission in any State
17                          or Territory that constitutes a serious sexual
18                          offence; or
19                    (b) does an act or makes an omission outside
20                          Australia that, if done within this State, would
21                          constitute a serious sexual offence.
22          (2)     For the purposes of subsection (1), it makes no
23                  difference --
24                    (a) whether the person doing the act or making the
25                          omission would be likely to be charged with an
26                          offence; or
27                    (b) whether the person doing the act or making the
28                          omission would, if charged with an offence, be
29                          found mentally fit to stand trial; or




                                                                          page 5
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 6



1                     (c)   whether the person doing the act or making the
2                           omission would, if tried for an offence, be
3                           convicted.
4


5    6.       Section 4 amended
6             In section 4(a) delete "community; and" and insert:
7

8             community and of victims; and
9


10   7.       Section 7A inserted
11            After section 6 insert:
12


13          7A.     DPP may take proceedings in the name of the State
14                  The DPP may make applications, and take other
15                  proceedings, for which this Act provides in the name of
16                  the State.
17


18   8.       Section 7 amended
19            After section 7(3) insert:
20

21            (4)   In considering whether it is satisfied as required in
22                  subsection (1), the court must disregard the possibility
23                  that the person might temporarily be prevented from
24                  committing a serious sexual offence by imprisonment,
25                  by remand in custody or by the imposition of bail
26                  conditions.
27




     page 6
                       Dangerous Sexual Offenders Legislation Amendment Bill 2015
                        Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                  s. 9



1    9.          Section 8 amended
2         (1)    Delete section 8(1) and insert:
3

4                (1)     The DPP may file with the Supreme Court an
5                        application for orders under section 14 and for a
6                        Division 2 order in relation to a person (the
7                        offender) --
8                          (a) who is under a custodial sentence for a serious
9                                sexual offence; or
10                         (b) who has been under a custodial sentence for a
11                               serious sexual offence and who, at all times
12                               since being discharged from that sentence, has
13                               been under a custodial sentence for another
14                               offence or other offences.
15              (2A)     An application under subsection (1) need not specify
16                       whether the Division 2 order sought is a continuing
17                       detention order or a supervision order under
18                       section 17(1)(b).
19

20        (2)    In section 8(2) delete "the person under sentence of
21               imprisonment" and insert:
22

23               the offender
24

25        (3)    In section 8(3):
26                 (a) delete "the person under sentence of imprisonment" and
27                       insert:
28

29                         the offender
30




                                                                            page 7
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 9



1                (b)    delete "the application cannot" and insert:
2

3                       an application under subsection (1) cannot
4

5                (c)    delete "person might" and insert:
6

7                       offender might
8

9                (d)    delete "6 months" and insert:
10

11                      one year
12

13      (4)    Delete section 8(4) and insert:
14

15            (4A)     If --
16                       (a)   an offender is subject to a supervision order
17                             (the current order); and
18                      (b)    the current order is to expire within one year,
19                     the DPP may file with the Supreme Court an
20                     application for orders under section 14 and for a further
21                     supervision order under section 17(1)(b) in relation to
22                     the offender, the further order to take effect on the
23                     expiry of the current order.
24             (4)     An application filed under this section must be
25                     accompanied by any affidavits to be relied on by the
26                     DPP for the purpose of seeking an order or orders
27                     under section 14.
28

29      (5)    In section 8(6) delete "subsection (1)," and insert:
30

31             this section,
32


     page 8
                   Dangerous Sexual Offenders Legislation Amendment Bill 2015
                    Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                               s. 10



1    10.     Section 10A inserted
2            After section 9 insert:
3


4          10A.      Offender's duty to disclose
5            (1)     In this section --
6                    expert evidence material relevant to an application
7                    means --
8                      (a) a copy of every statement, recording or report
9                             obtained by the offender from any person who
10                            the offender intends to call to give expert
11                            evidence that is relevant to the application; and
12                     (b) written notice of the name and, if known, the
13                            address, of any person from whom no
14                            statement, recording or report has been
15                            obtained by the offender but who the offender
16                            intends to call to give expert evidence that is
17                            relevant to the application; and
18                     (c) a written description of the expert evidence
19                            referred to in paragraph (b).
20           (2)     This section applies to an application for a Division 2
21                   order.
22           (3)     Subject to subsection (5), at least 14 days before the
23                   day fixed under section 14 for the hearing of the
24                   application the offender must file with the court and
25                   give to the DPP a copy of --
26                     (a) any expert evidence material relevant to the
27                           application; and
28                     (b) written notice of any objection by the offender
29                           to --
30                             (i) any document that the DPP intends to
31                                  adduce at the hearing of the application;
32                                  or

                                                                            page 9
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 10



1                             (ii)   any evidence to be given by a witness
2                                    that the DPP intends to call at the
3                                    hearing of the application;
4                            and
5                      (c)   written notice of the grounds for any objection
6                            mentioned in paragraph (b).
7              (4)   If, after complying with subsection (3), an offender
8                    receives or obtains further expert evidence material
9                    relevant to the application, the offender must file it
10                   with the court and give it to the DPP as soon as
11                   practicable.
12             (5)   In respect of a requirement arising under subsection (3)
13                   or (4), the court may on its own initiative or on the
14                   application of either party to the application make an
15                   order --
16                     (a) that dispenses with all or part of the
17                            requirement, if it is satisfied --
18                               (i) there is a good reason to do so; and
19                              (ii) no miscarriage of justice will result;
20                            or
21                     (b) that shortens or extends the time for obeying
22                            the requirement; or
23                     (c) that amends or cancels an order made
24                            previously under this section; or
25                     (d) as to any other matter that the court considers is
26                            just.
27




     page 10
                        Dangerous Sexual Offenders Legislation Amendment Bill 2015
                         Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                 s. 11



1    11.           Section 10 replaced
2                  Delete section 10 and insert:
3


4            10.          Application may proceed even if offender
5                         discharged
6                         An application under section 8 may proceed and the
7                         offender may be dealt with in accordance with this Act
8                         even if, while the application is pending --
9                           (a) in the case of an application under section 8(1),
10                                the offender ceases to be under a custodial
11                                sentence; or
12                          (b) in the case of an application under
13                                section 8(4A), the offender ceases to be subject
14                                to a supervision order.
15


16   12.           Section 11 amended
17                 Delete section 11(2).

18   13.           Section 14 amended
19         (1)     In section 14(1) delete "must" and insert:
20

21                 must, subject to subsection (2A),
22

23         (2)     After section 14(1) insert:
24

25               (2A)     If --
26                          (a)   the offender has been charged with a further
27                                offence; and
28                          (b)   that charge has not been dealt with; and



                                                                             page 11
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 14



1                        (c)   the court considers that the interests of justice
2                              require that the application for a Division 2
3                              order should not be heard until that charge has
4                              been dealt with,
5                      the court may defer fixing a day for the hearing of the
6                      application, or if it has already fixed a day adjourn the
7                      hearing of the application, until after the further charge
8                      has been dealt with.
9

10         (3)   Delete section 14(2)(a) and insert:
11

12                       (a)   the court must order that the offender undergo
13                             examinations by 2 qualified experts named by
14                             the court, at least one of whom is to be a
15                             psychiatrist, for the purposes of preparing
16                             reports in accordance with section 37 to be used
17                             on the hearing of the application; and
18                     (ba)    the court may, on the application of the DPP or
19                             of the offender, order that a person or body
20                             named by the court prepare a report in
21                             accordance with section 38A to be used on the
22                             hearing of the application on questions or topics
23                             set out in the order; and
24

25   14.         Section 15 deleted
26               Delete section 15.
27   15.         Section 16 amended
28               Delete section 16(3) and insert:
29

30               (3)   When an application is taken to be dismissed under
31                     subsection (2), any order under section 14(2)(b)
32                     relating to the offender is discharged.
33




     page 12
                   Dangerous Sexual Offenders Legislation Amendment Bill 2015
                    Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                s. 16



1    16.     Section 17A inserted
2            At the end of Part 2 Division 1 insert:
3


4          17A.      Victim submissions
5            (1)     In this section --
6                    make available means make available to an offender or
7                    to a person acting on behalf of, or representing, the
8                    offender.
9            (2)     This section applies to --
10                    (a) an application under section 8(1) for a
11                          Division 2 order; and
12                    (b) an application under section 8(4A) for an order
13                          under section 17(1)(b); and
14                    (c) an application under section 19 to amend the
15                          conditions of a supervision order; and
16                    (d) an application under section 22 for an order
17                          under section 23; and
18                    (e) an application under section 29 or 30 for the
19                          review of a person's detention.
20           (3)     Where an application to which this section applies is
21                   made in relation to a person, a victim of that person
22                   may make a submission to the court in relation to the
23                   need to ensure adequate protection of the victim.
24           (4)     If because of age, disability or any other reason a
25                   victim is personally incapable of making a submission,
26                   another person may make it on the victim's behalf if
27                   the court is satisfied that it is appropriate for that other
28                   person to do so.




                                                                            page 13
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 17



1               (5)   A victim submission must be in writing.
2               (6)   At the hearing of an application to which this section
3                     applies, the court must make available any victim
4                     submission made if --
5                       (a) the court considers that making available the
6                             submission is essential in the interests of
7                             fairness and justice; and
8                       (b) the victim making the submission has
9                             consented to its being made available; and
10                      (c) the court has afforded the victim making the
11                            submission an opportunity --
12                               (i) to amend the submission before it is
13                                    made available; or
14                              (ii) to withdraw the submission.
15              (7)   Subject to subsections (8), (9) and (10), in considering
16                    an application to which this section applies, the court
17                    can have regard to any victim submission made.
18              (8)   If a victim submission is not made available at the
19                    hearing because the victim making the submission has
20                    not consented, the court must not have regard to the
21                    submission.
22              (9)   The court must not have regard to a victim submission
23                    that has been withdrawn.
24             (10)   If the victim making a submission has amended the
25                    submission, the court must have regard only to the
26                    amended submission.
27




     page 14
                        Dangerous Sexual Offenders Legislation Amendment Bill 2015
                         Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                     s. 17



1    17.          Section 17 amended
2          (1)    In section 17(1):
3                   (a) delete "may --" and insert:
4

5                           must --
6

7                   (b)     delete paragraph (b) and insert:
8

9                           (b)   order that, with effect from a stated date not
10                                earlier than 21 days after the date the order is
11                                made, and continuing for a stated period, the
12                                offender, when not in custody, is to be subject
13                                to stated conditions that the court, subject to
14                                section 18, considers appropriate.
15

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

18                (3)     A court hearing an application under section 8(4A)
19                        must not make an order under subsection (1)(a).
20

21   18.          Section 18 amended
22         (1)    Before section 18(1) insert:
23

24               (1A)     In this section --
25                        make public means --
26                          (a) provide to any representative of the news media
27                                 for publication or broadcast; or
28                          (b) make publicly available by means of the
29                                 internet.
30




                                                                               page 15
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 18



1       (2)     After section 18(1) insert:
2

3             (2A)      If the court makes a supervision order against a person,
4                       the order may require that the person not make public
5                       any statement, information or opinion relating directly
6                       or indirectly to any victim of an offence committed by
7                       the person.
8              (2B)     When considering whether to impose a requirement
9                       under subsection (2A) the court must have regard to --
10                        (a) the gravity and nature of the person's offences;
11                             and
12                       (b) the likely impact on the victims of the person
13                             providing or making available any statement,
14                             information or opinion; and
15                        (c) the public interest generally.
16

17      (3)     In section 18(2):
18                (a) delete "The supervision" and insert:
19

20                       A supervision
21

22                (b)    in paragraph (b) delete "order." and insert:
23

24                       order; or
25

26                (c)    after paragraph (b) insert:
27

28                       (c)   to ensure adequate protection of victims of
29                             offences committed by the person subject to the
30                             order.
31




     page 16
                    Dangerous Sexual Offenders Legislation Amendment Bill 2015
                     Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                s. 19



1          (4)   In section 18(3) delete "the supervision" and insert:
2

3                a supervision
4


5    19.         Section 23A replaced
6                Delete section 23A and insert:
7


8            23A.      Reports
9                      After an application is made under section 22 in
10                     relation to a person the Supreme Court --
11                       (a) may order that the person undergo examination
12                             by one or more qualified experts named by the
13                             court for the purposes of preparing a report in
14                             accordance with section 37; and
15                       (b) on the application of the DPP or of the person,
16                             may order that a person or body named by the
17                             court prepare a report in accordance with
18                             section 38A on questions or topics set out in the
19                             order.
20


21   20.         Section 23 amended
22         (1)   Delete section 23(1)(a) and (b) and insert:
23

24                       (a)     make an order amending the conditions of the
25                               supervision order, or extending the period for
26                               which the offender is to be subject to the
27                               conditions of the supervision order, or both; or
28                      (b)      if the court is also satisfied that there is an
29                               unacceptable risk that, if an order under this
30                               paragraph were not made, the person would
31                               commit a serious sexual offence, make a


                                                                             page 17
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 21



1                               continuing detention order in relation to the
2                               person; or
3                         (c)   make no order.
4

5          (2)    After section 23(1) insert:
6

7                (2A)   In considering whether it is satisfied as required in
8                       subsection (1)(b), the court must disregard the
9                       possibility that the person might temporarily be
10                      prevented from committing a serious sexual offence by
11                      imprisonment, by remand in custody or by the
12                      imposition of bail conditions.
13

14         (3)    In section 23(2) delete "subsection (1)(a) or (b)," and insert:
15

16                subsection (1),
17


18   21.          Section 24A amended
19                After section 24A(3) insert:
20

21               (4A)   For the purposes of subsection (3), in considering
22                      whether releasing the person is justified by exceptional
23                      circumstances the court may, as it thinks fit, receive
24                      and take into account information put before it,
25                      whether or not that information would normally be
26                      admissible in a court of law.
27


28   22.          Section 24 amended
29                In section 24(1) delete "other than a sexual offence as defined in
30                the Evidence Act 1906 section 36A,".



     page 18
                       Dangerous Sexual Offenders Legislation Amendment Bill 2015
                        Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                              s. 23



1    23.         Part 3 heading amended

2                In the heading to Part 3 delete "Annual      reviews" and
3                insert:
4


5                Reviews
6


7    24.         Section 29 amended
8          (1)   In section 29(1) delete "must" and insert:
9

10               may
11

12         (2)   In section 29(2):
13                 (a) delete "Reviews have to be" and insert:
14

15                         The DPP must apply under subsection (1) so as to
16                         ensure that reviews are
17

18                (b)      in paragraph (a) before "order" insert:
19

20                         continuing detention
21

22                 (c)     in paragraph (b) delete "1 year" and insert:
23

24                         2 years
25

26         (3)   After section 29(2) insert:
27

28               (3)     The periods mentioned in subsection (2)(a) and (b) are
29                       extended by any period during which the person is in
30                       custody serving a sentence of imprisonment.

                                                                           page 19
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 25



1    25.           Section 30 amended
2                  In section 30(3) delete "after the detention has been reviewed
3                  under section 29(2)(a)." and insert:
4

5                  at least one year after the last occasion on which the person's
6                  detention has been reviewed under section 29(2)(b).
7


8    26.           Section 31 amended
9          (1)     In section 31(2) delete "The application" and insert:
10

11                 Subject to subsection (3), the application
12

13         (2)     After section 31(2) insert:
14

15                 (3)   The court may adjourn the hearing of the application,
16                       and the carrying out of the review, where good cause is
17                       shown.
18


19   27.           Section 32 replaced
20                 Delete section 32 and insert:
21


22           32.         Reports
23                 (1)   Unless the court otherwise orders, the chief executive
24                       officer must engage one or more qualified experts to
25                       prepare reports in accordance with section 37 to be
26                       used on a review under this Part.
27                 (2)   On the application of the DPP or the person whose
28                       detention is to be reviewed, the court may order the
29                       chief executive officer to engage a person or body


     page 20
                       Dangerous Sexual Offenders Legislation Amendment Bill 2015
                        Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                  s. 28



1                        named by the court to prepare a report in accordance
2                        with section 38A on questions or topics set out in the
3                        order.
4


5    28.         Section 33 amended
6          (1)   Delete section 33(1) and (2) and insert:
7

8                (1)     On a review of a person's detention under
9                        section 31 --
10                         (a) if the court does not find that the person
11                               remains a serious danger to the community it
12                               must rescind the continuing detention order; or
13                         (b) if the court finds that the person remains a
14                               serious danger to the community it must --
15                                 (i) affirm the continuing detention order; or
16                                (ii) with effect from a date specified by the
17                                      court, but not earlier than 21 days after
18                                      the day on which the review is
19                                      concluded, rescind the continuing
20                                      detention order and make a supervision
21                                      order in relation to the person.
22

23         (2)   In section 33(3) delete "subsection (2)," and insert:
24

25               subsection (1)(b),
26


27   29.         Section 34 amended
28         (1)   In section 34 delete "The DPP" and insert:
29

30               (1)     The DPP
31



                                                                            page 21
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 30



1          (2)   At the end of section 34 insert:
2

3                (2)   Unless the Court of Appeal orders otherwise, an appeal
4                      under subsection (1) cannot be commenced later than
5                      21 days after the date of the decision.
6


7    30.         Section 35 amended
8                In section 35(2) delete "the Court of Appeal might, in finally
9                determining the appeal," and insert:
10

11               the final determination of the appeal might result in an
12


13   31.         Part 5 heading replaced
14               Delete the heading to Part 5 and insert:
15


16                                 Part 5 -- Reports
17


18   32.         Sections 37A and 37B inserted
19               At the beginning of Part 5 insert:
20


21           37A.      Terms used
22                     In this Part, unless the contrary intention appears --
23                     report means a report prepared under section 14(2)(a)
24                     or (ba), 23A(a) or (b) or 32(1) or (2);
25                     reporter means --
26                       (a) a qualified expert ordered or engaged to
27                              provide a report in relation to a person under
28                              section 37; or


     page 22
                       Dangerous Sexual Offenders Legislation Amendment Bill 2015
                        Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                   s. 33



1                          (b)   a person or body ordered or engaged to provide
2                                a report in relation to a person under
3                                section 38A;
4                        subject means a person in relation to whom a report is
5                        to be prepared in accordance with section 37 or 38A.

6          37B.          Authority to examine
7                        This section authorises a reporter to examine a subject
8                        and to report in accordance with section 37 or 38A.
9


10   33.         Section 37 replaced
11               Delete section 37 and insert:
12


13         37.           Preparation of report by qualified expert
14               (1)     A qualified expert ordered or engaged to provide a
15                       report in relation to a person under this section must --
16                         (a) examine the subject; and
17                         (b) prepare an independent report.
18               (2)     The report must indicate --
19                        (a) the reporter's assessment of the level of risk
20                              that, if the subject were not subject to a
21                              continuing detention order or a supervision
22                              order, the subject would commit a serious
23                              sexual offence; and
24                        (b) the reasons for the reporter's assessment.
25               (3)     The reporter must have regard to any report or
26                       information given under section 38(1).
27               (4)     The reporter must prepare the report even if the subject
28                       does not cooperate, or does not cooperate fully, in the
29                       examination.


                                                                            page 23
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 34



1            38A.       Preparation of other report
2                 (1)   A person or body ordered or engaged to provide a
3                       report in relation to a person under this section must --
4                         (a) examine the subject, if in their opinion
5                               examination is necessary or desirable having
6                               regard to the questions and topics to be
7                               addressed in the report; and
8                         (b) prepare an independent report.
9                 (2)   The report must --
10                       (a) set out the reporter's opinion on all questions
11                             and topics specified in the order or engagement
12                             for its preparation; and
13                       (b) the basis for that opinion.
14                (3)   The reporter must have regard to any report or
15                      information given under section 38(2A).
16                (4)   The reporter must prepare the report even if the subject
17                      does not cooperate, or does not cooperate fully, in any
18                      examination the reporter considers necessary or
19                      desirable.
20

21   34.          Section 38 amended
22         (1)    Delete section 38(1) and insert:
23
24                (1)   Subject to subsection (2B), the chief executive officer
25                      must give to a reporter preparing a report under
26                      section 37 any medical, psychiatric, prison or other
27                      relevant report or information relating to the subject
28                      that is in the chief executive officer's possession or to
29                      which the chief executive officer has, or may be given,
30                      access.
31               (2A)   Subject to subsection (2B), the chief executive officer
32                      must give to a reporter preparing a report under

     page 24
                  Dangerous Sexual Offenders Legislation Amendment Bill 2015
                   Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                             s. 35



1                   section 38A any medical, psychiatric, prison or other
2                   relevant report or information relevant to the questions
3                   and topics to be addressed in the report --
4                     (a) that is in the chief executive officer's
5                           possession or to which the chief executive
6                           officer has, or may be given, access; and
7                     (b) that the reporter considers it necessary or
8                           desirable to consider, having regard to the
9                           questions and topics to be addressed in the
10                          report.
11         (2B)     Before giving any document to a reporter under
12                  subsection (1) or (2A) the chief executive officer may
13                  edit the document to remove or erase any material --
14                    (a) that would identify any person other than the
15                          subject; or
16                    (b) where a report is to be prepared under
17                          section 37, that does not relate to the subject; or
18                    (c) where a report is to be prepared under
19                          section 38A, that is not relevant to the questions
20                          and topics to be addressed in the report.
21

22   (2)    In section 38(2) delete "psychiatrist under subsection (1)." and
23          insert:
24

25          reporter under subsection (1) or (2A).
26

27   (3)    In section 38(3) delete "the person to be examined" and insert:
28

29          the subject
30

31          Note: The heading to amended section 38 is to read:
32                  Providing information to reporter




                                                                         page 25
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 35



1    35.           Section 39 replaced
2                  Delete section 39 and insert:
3

4            39.         Copies of report to DPP and subject
5                  (1)   A reporter who prepares a report under section 37 or
6                        38A must give a copy of the report to the DPP within
7                        7 days after finalising the report.
8                  (2)   Before the end of the day after the day on which the
9                        DPP receives a report under subsection (1), the DPP
10                       must give a copy of the report to the subject.
11


12   36.           Section 40AA inserted
13                 At the beginning of Part 6 insert:
14


15           40AA. Mentally unfit offender
16                 (1)   In this section --
17                       found not mentally fit means found not mentally fit to
18                       stand trial under the Criminal Law (Mentally Impaired
19                       Accused) Act 1996.
20                 (2)   A court may make an order under this Act in respect of
21                       an offender even if the offender --
22                         (a) has been found not mentally fit; or
23                         (b) if charged with an offence, would be likely to
24                               be found not mentally fit.
25


26   37.           Section 40 amended
27         (1)     In section 40 delete "Proceedings" and insert:
28

29                 (1)   Proceedings

     page 26
                        Dangerous Sexual Offenders Legislation Amendment Bill 2015
                         Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                     s. 38



1          (2)    At the end of section 40 insert:
2

3                 (2)     Subsection (1) does not require anything that is to be
4                         evidenced for the purposes of this Act to be evidenced
5                         to a higher standard than is required by section 7(2).
6


7    38.          Section 41 amended
8          (1)    Before section 41(1) insert:
9

10               (1A)     In this section --
11                        relevant proceeding means judicial proceeding for --
12                          (a) a serious sexual offence; or
13                          (b) another offence that the court considers
14                                 relevant, having regard to the matter for
15                                 decision before the court.
16

17         (2)    Delete section 41(3)(b) and insert:
18

19                          (b)   anything relevant contained in the official
20                                transcript of any relevant proceeding against
21                                the offender or person subject to the order; or
22                          (c)   any relevant material that was tendered to the
23                                court, or that informed the court, in a relevant
24                                proceeding against the offender or person
25                                subject to the order; or
26                          (d)   any relevant material of the kind mentioned in
27                                section 7(3) relating to the offender or person
28                                subject to the order.
29




                                                                              page 27
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 39



1    39.          Section 42 amended
2          (1)    Before section 42(1) insert:
3

4                (1A)   In this section --
5                       relevant proceeding means judicial proceeding for --
6                         (a) a serious sexual offence; or
7                         (b) another offence that the court considers
8                                relevant, having regard to the matter for
9                                decision before the court.
10

11         (2)    Delete section 42(4)(b) and insert:
12

13                        (b)   anything relevant contained in the official
14                              transcript of any relevant proceeding against a
15                              person; or
16                        (c)   any relevant material that was tendered to the
17                              court, or that informed the court, in a relevant
18                              proceeding against a person; or
19                        (d)   any relevant material of the kind mentioned in
20                              section 7(3) relating to a person.
21


22   40.          Section 43 amended
23                In section 43 delete "directions in relation to the conduct of a
24                proceeding under this Act." and insert:
25

26                      directions --
27                        (a) with respect to evidence received or to be
28                              received under section 42(4); or
29                        (b) otherwise in relation to the conduct of a
30                              proceeding under this Act.
31



     page 28
                        Dangerous Sexual Offenders Legislation Amendment Bill 2015
                         Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                                s. 41



1    41.          Section 44 amended
2          (1)    Before section 44(1) insert:
3

4                (1A)     In this section --
5                         audio link has the meaning given in the Criminal
6                         Procedure Act 2004 section 3(1);
7                         video link has the meaning given in the Criminal
8                         Procedure Act 2004 section 3(1).
9

10         (2)    After section 44(2) insert:
11

12                (3)     The court may direct that a person entitled under this
13                        section to appear is to appear by means of a video link
14                        or an audio link.
15


16   42.          Section 46A amended
17         (1)    In section 46A(1) in the definition of protected person delete
18                paragraph (c) and insert:
19

20                          (c)    a qualified expert ordered or engaged to
21                                 provide a report under section 37; or
22                          (d)    a person or body ordered or engaged to provide
23                                 a report under section 38A.
24

25         (2)    In section 46A(3) delete "An action in tort" and insert:
26

27                A civil action
28




                                                                             page 29
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 2        Dangerous Sexual Offenders Act 2006 amended

     s. 43



1    43.       Section 46B inserted
2              After section 46A insert:
3
4            46B.    Exchange of information
5              (1)   In this section --
6                    agency means --
7                      (a) the Department that principally assists the
8                             Minister administering this Act; and
9                      (b) the Department that principally assists the
10                            Minister administering the Prisons Act 1981;
11                            and
12                     (c) the Office of the Director of Public
13                            Prosecutions; and
14                     (d) the Police Force of Western Australia provided
15                            for by the Police Act 1892; and
16                     (e) the Department designated as the Police
17                            Service; and
18                      (f) the Board;
19                   head means --
20                     (a) in relation to the Department that principally
21                            assists the Minister administering this Act, the
22                            chief executive officer of that Department; and
23                     (b) in relation to the Department that principally
24                            assists the Minister administering the Prisons
25                            Act 1981, the chief executive officer of that
26                            Department; and
27                     (c) in relation to the Office of the Director of
28                            Public Prosecutions, the DPP; and
29                     (d) in relation to the Police Force of Western
30                            Australia and the Department designated as the
31                            Police Service, the Commissioner of Police;
32                            and


     page 30
                 Dangerous Sexual Offenders Legislation Amendment Bill 2015
                  Dangerous Sexual Offenders Act 2006 amended        Part 2

                                                                            s. 44



1                    (e)   in relation to the Board, the chairperson of the
2                          Board;
3                  officer includes, in relation to the Office of the
4                  Director of Public Prosecutions, a member of the staff
5                  appointed or made available for the performance of the
6                  functions of the DPP.
7          (2)     For the purpose of implementing the provisions of this
8                  Act the head of an agency or an officer of an agency
9                  authorised to do so by the head may disclose to an
10                 officer of another agency information that is, or could
11                 reasonably be expected to be, relevant to the
12                 performance of a function under this Act.
13         (3)     A person may disclose information under this section
14                 even though the disclosure may be contrary to any duty
15                 of confidentiality imposed by law or otherwise arising
16                 and whether or not the duty of confidentiality arose
17                 before this Act commenced but, without limiting the
18                 authority given by this section to disclose information,
19                 a person to whom confidential information is disclosed
20                 under this section is bound by the same duty of
21                 confidentiality as applied to the person making the
22                 disclosure.
23         (4)     A person disclosing information under this section
24                 incurs no civil or criminal liability as a result of the
25                 disclosure, and is not to be regarded for any purpose as
26                 being in breach of any duty of confidentiality.
27


28   44.   Various uses of term "has to" amended
29         In the provisions listed in the Table delete "has to" (each
30         occurrence) and insert:
31

32         must
33



                                                                         page 31
    Dangerous Sexual Offenders Legislation Amendment Bill 2015
    Part 2        Dangerous Sexual Offenders Act 2006 amended

    s. 44



1                                  Table
              s. 7(1) and (2)              s. 8(5)

              s. 19(2) and (3)             s. 20(2)

              s. 21(2)                     s. 31(1)




    page 32
                        Dangerous Sexual Offenders Legislation Amendment Bill 2015
                                Criminal Procedure Act 2004 amended         Part 3

                                                                              s. 45



1           Part 3 -- Criminal Procedure Act 2004 amended
2    45.          Act amended
3                 This Part amends the Criminal Procedure Act 2004.

4    46.          Section 51 amended

5          (1)    In section 51(4) delete "The hearing" and insert:
6


7                 Except as provided in subsection (5A), the hearing
8

9          (2)    After subsection (4) insert:
10

11               (5A)     On the hearing under subsection (3) of a charge under
12                        the Dangerous Sexual Offenders Act 2006 section 40A
13                        the accused is required to appear before the court --
14                          (a) in person; or
15                          (b) by means of a video link or audio link in
16                                accordance with section 77 or 141.
17




                                                                           page 33
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 4        Evidence Act 1906 amended

     s. 47



1                Part 4 -- Evidence Act 1906 amended
2    47.       Act amended
3              This Part amends the Evidence Act 1906.

4    48.       Section 36C amended
5              Delete section 36C(5) and insert:
6

7              (5)   Nothing in this section prohibits the publication or
8                    broadcasting, in consequence of an accusation alleging
9                    a sexual offence, of matter consisting only of a report
10                   of legal proceedings other than --
11                     (a) proceedings at, or intended to lead to, or on an
12                           appeal arising out of, a trial at which the
13                           accused is charged with that offence; or
14                     (b) proceedings under the Dangerous Sexual
15                           Offenders Act 2006 relating to the accused.
16           (6A)    The giving of leave under this section does not affect
17                   the operation of subsection (1) at any time before the
18                   leave is given.
19




     page 34
              Dangerous Sexual Offenders Legislation Amendment Bill 2015
                                 Prisons Act 1981 amended         Part 5

                                                                        s. 49



1             Part 5 -- Prisons Act 1981 amended
2    49.   Act amended
3          This Part amends the Prisons Act 1981.

4    50.   Section 113B amended
5          After section 113B(1)(a) insert:
6

7                (ba)   a person who has suffered injury, loss or
8                       damage as a direct result of a serious sexual
9                       offence (as defined in the Dangerous Sexual
10                      Offenders Act 2006 section 3(1)) committed by
11                      the prisoner, whether or not that injury, loss or
12                      damage was reasonably foreseeable by the
13                      prisoner; or
14




                                                                    page 35
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 6        Sentence Administration Act 2003 amended

     s. 51



1      Part 6 -- Sentence Administration Act 2003 amended
2    51.       Act amended
3              This Part amends the Sentence Administration Act 2003.

4    52.       Section 50 amended
5              After section 50(b) insert:
6

7                     (ca)   he or she is not subject to an order made under
8                            the Dangerous Sexual Offenders Act 2006
9                            section 17(1)(a); and
10




     page 36
                 Dangerous Sexual Offenders Legislation Amendment Bill 2015
                                Sentencing Act 1995 amended          Part 7

                                                                          s. 53



1           Part 7 -- Sentencing Act 1995 amended
2    53.   Act amended
3          This Part amends the Sentencing Act 1995.

4    54.   Section 8 amended
5          After section 8(1) insert:
6

7          (2)     The possibility that an order might be made in respect
8                  of the offender under the Dangerous Sexual Offenders
9                  Act 2006 is not a mitigating factor.
10


11   55.   Section 98 amended
12         In section 98(3):
13           (a) delete "is a danger" and insert:
14

15                   would be a danger
16

17          (b)      before paragraph (a) insert:
18

19                  (aa)   is not to decide that the offender would not be a
20                         danger merely because of the possibility that an
21                         order might be made in respect of the offender
22                         under the Dangerous Sexual Offenders
23                         Act 2006; and
24




                                                                       page 37
     Dangerous Sexual Offenders Legislation Amendment Bill 2015
     Part 8        Young Offenders Act 1994 amended

     s. 56



1            Part 8 -- Young Offenders Act 1994 amended
2    56.       Act amended
3              This Part amends the Young Offenders Act 1994.

4    57.       Section 189 amended
5              Delete section 189(7)(c) and insert:
6

7                      (c)   a court having regard to a conviction for the
8                            purposes of the Dangerous Sexual Offenders
9                            Act 2006 section 7(3); or
10                    (d)    the making of a record of anything that
11                           paragraph (a), (b) or (c) allows.
12


13   58.       Section 190 amended
14             After section 190(1) insert:
15

16           (2A)    This section does not prevent evidence of a conviction
17                   being received in proceedings under the Dangerous
18                   Sexual Offenders Act 2006.
19


20




 


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