Western Australian Numbered Acts

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COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 (NO. 72 OF 2004)


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary matters  

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

   PART 2 -- Offenders to whom Act applies  

           Division 1 -- General  

   6.      Reportable offenders  
   7.      Corresponding reportable offenders  
   8.      New South Wales reportable offenders  
   9.      Reportable offences  
   10.     Class 1 offences  
   11.     Class 2 offences  
   12.     Class 3 offences  
   13.     Offender reporting orders  

           Division 2 -- Past offender reporting orders  

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

   PART 3 -- Reporting obligations  

           Division 1 -- Initial report  

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

           Division 2 -- Ongoing reporting obligations  

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

           Division 3 -- Provisions applying to all reporting obligations  

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

           Division 4 -- Suspension and extension of reporting obligations  

   44.     Suspension and extension of reporting obligations  

           Division 5 -- Reporting period  

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

           Division 6 -- Exemption from reporting obligations  

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

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

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

           Division 8 -- Offences  

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

           Division 9 -- Notification of reporting obligations  

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

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

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

   PART 4 -- Community Protection Offender Register  

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

   PART 5 -- Prohibition orders  

           Division 1 -- Preliminary  

   85.     Terms used in this Part  
   86.     Evidence  

           Division 2 -- Orders  

   87.     Commissioner may apply for orders  
   88.     Fixing a hearing  
   89.     How application to be disposed of  
   90.     Court may make child protection prohibition orders  
   91.     Term of child protection prohibition orders  
   92.     Interim child protection prohibition orders  
   93.     Conduct that may be the subject of orders  
   94.     Explanation of orders  
   95.     Consent orders  

           Division 3 -- Variation or revocation  

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

           Division 4 -- Attendance at hearings  

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

           Division 5 -- Offence  

   101.    Failure to comply with orders  

           Division 6 -- Appeals  

   102.    Appeals  
   103.    Appeal does not stay order  
   104.    Applications not to be heard in public  
   105.    Commissioner to be given information relating to reportable offenders  
   106.    Restriction on publication of identity of reportable offenders and victims  
   107.    Prohibition orders have no effect to extent of inconsistency with certain other orders  
   108.    Recognition of prohibition orders made in other jurisdictions  

   PART 6 -- Other matters  

   109.    Protection from liability  
   110.    Delegation by Commissioner  
   111.    Effect of spent convictions  
   112.    Civil standard of proof  
   113.    Certificate concerning evidence  
   114.    Regulations  
   115.     Minister to review and report on Act  
   116.    Consequential amendments to Sentencing Act 1995  
           SCHEDULE 1 -- Class 1 offences  
           SCHEDULE 2 -- Class 2 offences  
           SCHEDULE 3 -- Class 3 offences  
           

[Assented to 8 December 2004]



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