Western Australia: Community Protection (Offender Reporting) Act 2004 (WA)

Western Australia Community Protection (Offender Reporting) Act 2004 Western Australia Community Protection (Offender Reporting) Act 2004 Contents Part 1 — Preliminary matters 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Meaning of finding of guilt 1 5. Other reference provisions 1 Part 2 — Offenders to whom Act applies Division 1 — General 6. Reportable offenders 1 7. Corresponding reportable offenders 1 8. New South Wales reportable offenders 1 9. Reportable offences 1 10. Class 1 offences 1 11. Class 2 offences 1 13. Offender reporting orders 1 14A. Consent orders 1 Division 2 — Past offender reporting orders 14. Terms used 1 15. Commissioner may apply for reporting orders 1 16. Fixing a hearing 1 17. Evidence 1 18. How application to be disposed of 1 19. Court may make reporting orders 1 20A. Consent orders 1 20. Attendance at hearings 1 21. Notification of orders made in absence of respondent 1 22. Appeals 1 23. Appeal does not stay order 1 Part 3 — Reporting obligations Division 1 — Initial report 24. When report must be made 1 25. When new initial report must be made by offender whose previous reporting obligations have ceased 1 26. Initial report by reportable offender of personal details 1 27. Persons required to report under corresponding Act 1 Division 2 — Ongoing reporting obligations 28. Reportable offender to report annually and as required by Commissioner 1 29. Reportable offender to report changes to relevant personal details 1 29A. Intended absence from place of residence to be reported 1 30. Intended absence from Western Australia to be reported 1 31. Change of travel plans while out of Western Australia to be reported 1 32. Reportable offender to report return to Western Australia or decision not to leave 1 33. Report of other absences from Western Australia 1 Division 3 — Provisions applying to all reporting obligations 34. Where reports must be made 1 35. How reports must be made 1 36. Right to privacy and support when reporting 1 37. Receipt of information to be acknowledged 1 38. Additional matters to be provided 1 39. Power to take fingerprints 1 40. Power to take photographs 1 41. Reasonable force may be used to obtain fingerprints and photographs 1 42. Retention of material for certain purposes 1 43. Reporting by remote offenders 1 Division 4 — Suspension and extension of reporting obligations 44. Suspension and extension of reporting obligations 1 Division 5 — Reporting period 45. When reporting obligations begin 1 46. Length of reporting period 1 47. Reduced period applies for young reportable offenders 1 48. Extended reporting period if reportable offender still on parole 1 49. Reporting period for corresponding reportable offenders 1 50. Reporting period for New South Wales reportable offenders 1 Division 6 — Exemption from reporting obligations 51. Application of Division 1 52. District Court may exempt certain reportable offenders 1 53. Order for suspension 1 54. Commissioner and certain chief executive officers entitled to be parties to proceedings 1 55. Commissioner to be notified of order 1 56. No costs to be awarded 1 57. Applications not to be heard in public on application of party to proceedings 1 58. Restriction on right of unsuccessful applicant to re‑apply for order 1 59. Cessation of order 1 60. Application for new order 1 Division 7 — Suspension of reporting obligations of certain reportable offenders 61. Commissioner may approve suspension of reporting obligations 1 62. Cessation of approval 1 Division 8 — Offences 63. Failure to comply with reporting obligations 1 64. Providing false or misleading information 1 65. No time limit for prosecutions 1 66. Bar to prosecution for failing to report leaving Western Australia 1 Division 9 — Notification of reporting obligations 67. Notice to be given to reportable offender 1 68. Courts to provide sentencing information to Commissioner 1 69. Notice to be given when reporting period changes 1 70. Supervising authority to notify Commissioner of certain events 1 71. Notices may be given by Commissioner 1 72. Power of detention to enable notice to be given 1 73. Failure to comply with procedural requirements does not affect reportable offender's obligations 1 Division 10 — Modified reporting procedures for participants in witness protection programs 74. Term used: witness protection program 1 75. Application of this Division 1 76. Report need not be made in person 1 77. Determination as to whether this Division applies 1 78. When determination takes effect 1 79. Modification of reporting obligations 1 Part 4A — Change of name 80A. Terms used 1 80B. Application 1 80C. Application for change of name by or in respect of reportable offender 1 80D. Approval by Commissioner 1 80E. Registration of change of name 1 80F. WA Registrar to correct Registration Act Register 1 80G. Exchange of information between Commissioner and WA Registrar 1 Part 4 — Community Protection Offender Register 80. Requirement to establish and maintain Community Protection Offender Register 1 81. Access to Register to be restricted 1 82. Confidentiality 1 83. Restriction on who may access personal information on protected witnesses 1 84. Reportable offender's rights in relation to Register 1 Part 5A — Publication of information about offenders Division 1 — Preliminary 85A. Terms used 1 85B. Delegation by Commissioner 1 85C. Commissioner not required to publish or provide information 1 85D. Restriction on information about protected witnesses 1 Division 2 — Commissioner may publish information 85E. Application 1 85F. Commissioner may publish personal details of certain reportable offenders 1 85G. Commissioner may publish photograph and locality of certain persons 1 85H. Removal of photograph and locality from website 1 85I. Commissioner may take into account certain matters 1 85J. Commissioner may inform child's parent or guardian whether specified person is a reportable offender 1 85K. Protection as to publication and other provision of information 1 Division 3 — Offences 85L. Conduct intended to incite animosity towards or harassment of identified offenders 1 85M. Publication, display and distribution of identifying information 1 Part 5 — Protection orders Division 1 — Preliminary 85. Terms used 1 86. Evidence 1 Division 2 — Orders 87. Commissioner may apply for orders 1 88. Fixing a hearing 1 89. How application to be disposed of 1 90. Court may make child protection orders 1 91. Term of child protection orders 1 92. Interim child protection orders 1 93. Conduct that may be subject of orders 1 94A. Reportable offenders may be required to undergo assessment and treatment 1 94B. Reportable offenders may be required to submit to tests or give samples for analysis 1 94C. Authorised police officers may enter premises to inspect computers 1 94. Explanation of orders 1 95. Consent orders 1 Division 3 — Variation or revocation 96. Variation or revocation of child protection orders 1 97. Fixing a hearing 1 98. How application to be disposed of 1 Division 4 — Attendance at hearings 99. Attendance at hearings 1 100. Notification of orders made in absence of respondent 1 Division 5 — Offence 101. Failure to comply with orders 1 Division 6 — Appeals 102. Appeals 1 103. Appeal does not stay order 1 Division 7 — Miscellaneous 104. Applications not to be heard in public 1 106. Restriction on publication of identity of reportable offenders and victims 1 107. Protection orders have no effect to extent of inconsistency with certain other orders 1 108. Recognition of protection orders made in other jurisdictions 1 Part 6 — Other matters 109. Protection from liability 1 110A. Public authorities to provide Commissioner with certain information 1 110. Delegation by Commissioner 1 111. Effect of spent convictions 1 112. Civil standard of proof 1 113. Certificate concerning evidence 1 114. Regulations 1 115. Minister to review and report on Act 1 115A. Transitional arrangements for certain offenders 1 115B. Further transitional arrangements for certain offenders sentenced for Class 2 offences 1 Schedule 1 — Class 1 offences Schedule 2 — Class 2 offences Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Community Protection (Offender Reporting) Act 2004 An Act to require certain offenders who commit sexual or certain other serious offences to keep police informed of their whereabouts and other personal details for a period of time to reduce the likelihood that they will re‑offend and to facilitate the investigation and prosecution of any future offences that they may commit, to enable information to be published about certain offenders, to enable courts to make orders prohibiting certain offenders from engaging in specified conduct, and for related purposes. [Long title amended: No. 1 of 2012 s. 4.] Part 1 — Preliminary matters 1. Short title This Act may be cited as the Community Protection (Offender Reporting) Act 2004. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used In this Act, unless the context otherwise requires — approved place means a place approved by the Commissioner under section 34(1)(b); authorised person means a police officer or a person, or a person who falls within a class of persons, prescribed by the regulations; child means a person who is under 18 years of age; Class 1 offence has the meaning given to that term in section 10; Class 2 offence has the meaning given to that term in section 11; Class 3 offence has the meaning given to that term in section 12; commencement day means the day on which section 24 comes into operation; Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; community order means — (a) a community based order or intensive supervision order made under the Sentencing Act 1995; or (b) a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994; or (c) a community supervision order or an interim or extended community supervision order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(b) of that Act; corresponding Act means a law of a foreign jurisdiction that — (a) provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and (b) is prescribed by the regulations to be a corresponding Act for the purposes of this Act; corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed by the regulations to be corresponding offender reporting orders for the purposes of this Act; corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Commissioner under this Act; corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as defined in section 9; corresponding reportable offender has the meaning given to that term in section 7; court includes a court (however described) of a foreign jurisdiction; detainee means a person who is detained in a detention centre, as defined in the Young Offenders Act 1994 section 3; detainee under the CLMI Act means a person subject to a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act; disability, in relation to a person, means — (a) any defect or disturbance in the normal structure or functioning of the person's body; or (b) any defect or disturbance in the normal structure or functioning of the person's brain; or (c) any illness or condition that impairs the person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour, whether arising from a condition subsisting at birth or from an illness or injury; existing controlled reportable offender means a person who, as a result of having been sentenced for a reportable offence, was under the supervision of a supervising authority or any other person immediately before the commencement day and includes a person who was in government custody in respect of a reportable offence at that time; existing licensee means a person who is released under — (a) a re‑entry release order made under the Sentence Administration Act 2003; or (b) a supervised release order made under the Young Offenders Act 1994, and includes a person who has a similar status under the laws of a foreign jurisdiction; finding of guilt has the meaning given to that term in section 4; foreign jurisdiction means a jurisdiction other than Western Australia (including jurisdictions outside Australia); foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; government custody means — (a) custody as a prisoner, detainee or detainee under the CLMI Act; or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales; New South Wales reportable offender has the meaning given to that term in section 8; offender reporting order means an order made under section 13 and includes a corresponding offender reporting order; parole means parole under an order made under the Sentence Administration Act 2003 and includes parole under an equivalent order made under the laws of a foreign jurisdiction; past offender reporting order means an order made under section 19 or 20A; personal details means the information listed in section 26(1); personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information; prisoner has the meaning given to that term in the Prisons Act 1981 section 3; protection order has the meaning given to that term in section 85; public authority means — (a) a department of the Public Service; or (b) a local government, regional local government or regional subsidiary; or (c) a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State; Register means the Community Protection Offender Register established under section 80; reportable offence has the meaning given to that term in section 9; reportable offender has the meaning given to that term in section 6; reporting obligations, in relation to a reportable offender, means the obligations imposed on him or her by Part 3; reporting period means the period, as determined under Part 3 Division 5, during which a reportable offender must comply with his or her reporting obligations; sentence includes — (a) an exercise of power under the Sentencing Act 1995 Part 6; and (b) an order under the Sentencing Act 1995 Part 7; and (c) an exercise of power under the Young Offenders Act 1994 section 66, 67, 69 or 70; and (d) a custody order or an interim or extended custody order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(a) of that Act; and (e) a special order made under the Young Offenders Act 1994 section 126; and (f) anything prescribed by the regulations to be a sentence for the purposes of this definition, and any sentence or equivalent exercise of power or order under the laws of a foreign jurisdiction; strict government custody, in relation to a reportable offender, means custody as a prisoner, detainee or detainee under the CLMI Act, but does not include such custody if the reportable offender — (a) is regularly permitted to be absent from a place of custody for any period, regardless of its length, whether on leave of absence or otherwise; and (b) is not during any such period under the immediate supervision of an officer of a supervising authority or other person having custody of the reportable offender; supervising authority, in relation to a class of reportable offenders, means the authority prescribed by the regulations as the supervising authority of that class of reportable offenders; young reportable offender means a reportable offender who is a child. [Section 3 amended: No. 47 of 2011 s. 15; No. 54 of 2012 s. 4 and 39; No. 26 of 2016 s. 46; No. 10 of 2023 s. 285.] 4. Meaning of finding of guilt (1) For the purposes of this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following — (a) a court making a formal finding of guilt in relation to the offence; (b) a court convicting the person of the offence, if there has been no formal finding of guilt before conviction; (c) a court accepting a plea of guilty from the person in relation to the offence; (ca) a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under provisions of the laws of a foreign jurisdiction; (d) a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or a finding under equivalent provisions of the laws of a foreign jurisdiction. (2) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. [Section 4 amended: No. 10 of 2023 s. 286 and 412.] 5. Other reference provisions (1) For the purposes of this Act, offences arise from the same incident only if they are committed within a single period of 24 hours and against the same person. (2) A reference in this Act to doing a thing in person is a reference to doing the thing by personal attendance at a place, and it is not sufficient to attend the place by telephone or by any other electronic means. Part 2 — Offenders to whom Act applies Division 1 — General 6. Reportable offenders (1) Subject to subsections (4) and (5), a reportable offender is a person whom a court, on or after the commencement day, sentences for a reportable offence. (2) A person is also a reportable offender if — (a) the person was sentenced for a reportable offence before the commencement day and is an existing controlled reportable offender in respect of that offence; or (b) if paragraph (a) does not apply, the person — (i) was sentenced before the commencement day for 2 or more reportable offences; and (ii) at least one of those offences was committed within 8 years before that day. (3) A person who is — (a) a corresponding reportable offender; or (b) a New South Wales reportable offender, is also a reportable offender. (4) Unless he or she is a reportable offender because of subsection (3), a person is not a reportable offender merely because he or she as a child committed a single offence (including an offence under the laws of a foreign jurisdiction) that falls within a class of offences that are prescribed by the regulations to be offences for the purposes of this subsection. (5) A person is also not a reportable offender if he or she is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding Act specified by the regulations for the purposes of this subsection. (6) A person ceases to be a reportable offender if — (a) the finding of guilt in respect of the only offence that makes the person a reportable offender for the purposes of this Act is quashed or set aside by a court; or (b) the person is a reportable offender only because he or she is subject to an offender reporting order or past offender reporting order and that order is quashed on appeal. (7) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or offender reporting order or past offender reporting order. (8) A reference to a single offence in subsection (4) includes a reference to more than one offence of the same kind arising from the same incident. 7. Corresponding reportable offenders A corresponding reportable offender is a person — (a) who had at any time (whether before, on or after the commencement day) been in a foreign jurisdiction and at that time had been required to report to the corresponding registrar in that jurisdiction; and (b) who — (i) would, if he or she were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period; or (ii) falls within a class of persons who are prescribed by the regulations to be corresponding reportable offenders for the purposes of this Act. [Section 7 amended: No. 54 of 2012 s. 5.] 8. New South Wales reportable offenders A New South Wales reportable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person prescribed by the regulations not to be a New South Wales reportable offender for the purposes of this Act. 9. Reportable offences A reportable offence is — (a) a Class 1 offence; or (b) a Class 2 offence; or (c) a Class 3 offence, if the person concerned has previously been found guilty of another Class 3 offence; or (d) an offence that results in the making of an offender reporting order or past offender reporting order. 10. Class 1 offences A Class 1 offence is — (a) an offence against a provision listed in Schedule 1; or (b) an offence under a law of a foreign jurisdiction the elements of which, if they had occurred in Western Australia, would have constituted an offence of a kind referred to in this section; or (c) an offence under a law of a foreign jurisdiction that is prescribed by the regulations to be a Class 1 offence; or (d) an offence an element of which is an intention to commit an offence of a kind referred to in this section; or (e) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this section; or (f) an offence that, at the time it was committed — (i) was a Class 1 offence for the purposes of this Act; or (ii) in the case of an offence committed before the commencement day — was an offence of a kind referred to in this section. 11. Class 2 offences A Class 2 offence is — (a) an offence against a provision listed in Schedule 2; or (b) an offence under a law of a foreign jurisdiction the elements of which, if they had occurred in Western Australia, would have constituted an offence of a kind referred to in this section; or (c) an offence under a law of a foreign jurisdiction that is prescribed by the regulations to be a Class 2 offence; or (d) an offence an element of which is an intention to commit an offence of a kind referred to in this section; or (e) an offence of attempting, or of conspiracy or incitement, to commit an offence of a kind referred to in this section; or (f) an offence that, at the time it was committed — (i) was a Class 2 offence for the purposes of this Act; or (ii) in the case of an offence committed before the commencement day — was an offence of a kind referred to in this section. [12. Has not come into operation.] 13. Offender reporting orders (1) If — (a) a court finds a person guilty of an offence that is not a Class 1 offence or a Class 2 offence; and (b) apart from this section, that offence would not result in the person becoming a reportable offender, the court may order that the offender comply with the reporting obligations of this Act. (2) The court may make the order only if it is satisfied that the offender poses a risk to the lives or the sexual safety of one or more persons, or persons generally. (3) For the purposes of subsection (2), it is not necessary that the court be able to identify a risk to a particular person or particular persons or a particular class of persons. (4) In deciding whether to make the order in relation to an offence, the court may take into account the following — (a) any evidence given during proceedings for the offence; (b) any document or record (including an electronic document or record) served on the offender by the prosecution; (c) any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence; (d) any evidence given by a victim or the offender in relation to the making of the order; (e) any pre‑sentence report given to the court; (f) any victim impact statement given to the court; (g) any mediation report given to the court; (h) any other matter the court considers relevant. (5) The court may make the order at the time the person is sentenced for the offence. (6) An application for the imposition of the order may be made by the prosecution, but an application is not necessary for the court to make the order. (7A) If the order is not made at the time the person is sentenced for the offence, an application for the imposition of the order may be made to the court by the Commissioner — (a) within the period of 6 months after the person is sentenced for the offence; or (b) if the person is in government custody during all or any part of that period — within the period that begins when the person is sentenced for the offence and ends 6 months after the person ceases to be in government custody. (7B) For the purposes of an application made under subsection (7A), the reference in subsection (4)(b) to the prosecution is taken to include a reference to the Commissioner. (7C) Sections 16, 17, 18, 20 and 21 apply in relation to an application made under subsection (7A) — (a) as if any reference to a court in those sections were a reference to the court referred to in this section; and (b) as if any reference to a reporting order in those sections were a reference to an order made under this section; and (c) as if any reference to the respondent in those sections were a reference to the offender referred to in this section; and (d) with any other necessary modifications. (7) For the purposes of Part 3 Division 5, a person subject to an order made under this section is taken to have been found guilty of a Class 2 offence. [Section 13 amended: No. 54 of 2012 s. 6.] 14A. Consent orders On an application under section 13(6) or (7A), a court may make an offender reporting order without being subject to section 13 if the applicant and the offender consent to the making of the order. [Section 14A inserted: No. 54 of 2012 s. 7.] Division 2 — Past offender reporting orders 14. Terms used In this Division — court means — (a) if the respondent is a child — the Children's Court; or (b) otherwise, the District Court; registrar means the clerk or registrar of the court to which an application for a reporting order is made; reporting order means a past offender reporting order; respondent means the person who is subject to a reporting order or in respect of whom a reporting order is sought. 15. Commissioner may apply for reporting orders If — (a) a person has been sentenced before the commencement day for an offence; and (b) the person is not and has not been a reportable offender in respect of that offence, the Commissioner may apply to a court for an order that the person comply with the reporting obligations of this Act. 16. Fixing a hearing When an application for a reporting order is made the registrar must — (a) fix a day, time and place for the hearing; and (b) prepare a summons in the prescribed form; and (c) cause the summons to be served on the respondent; and (d) notify the applicant of the hearing. 17. Evidence (1) Evidence may be given at a hearing orally or by affidavit. (2) An affidavit for use in the hearing must be confined to the evidence the person making it could give orally, except that it may contain statements based on information and belief if the person making the affidavit states the source of the information and the grounds for the belief. (3) For the purposes of the hearing, the Commissioner is entitled, on request, to inspect or obtain a copy of any document relating to the respondent held by the Children's Court — (a) that is part of the court record; or (b) that was received by that court in sentencing proceedings. (4) In subsection (3) — court record has the meaning given in the Children's Court of Western Australia Act 1988 section 51A(1). (5) Subsection (3) does not limit the Children's Court of Western Australia Act 1988 section 51A(3). [Section 17 amended: No. 54 of 2012 s. 8.] 18. How application to be disposed of The court may dispose of the application — (a) by making a reporting order; or (b) by dismissing the application; or (c) at the request of the applicant — by discontinuing the application. 19. Court may make reporting orders (1) The court may make an order that a person (the past offender) comply with the reporting obligations of this Act if the court is satisfied that the past offender poses a risk to the lives or sexual safety of one or more persons, or persons generally. (2) For the purposes of subsection (1), it is not necessary that the court be able to identify a risk to a particular person or particular persons or a particular class of persons. (3A) In deciding whether to make an order under this section in respect of an offence, the court may take into account the following — (a) any evidence given during proceedings for the offence; (b) any document or record (including an electronic document or record) served on the past offender by the prosecution or the Commissioner; (c) any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence; (d) the period of time since the offence was committed; (e) the age of the past offender and the age of any victim of the offence at the time the offence was committed; (f) the difference in age between the past offender and any victim of the offence; (g) the seriousness of the past offender's total criminal record; (h) any other matter the court considers relevant. (3B) The fact that an offence in respect of which a past offender has been found guilty becomes spent does not affect the consideration of the offence as part of the past offender's total criminal record for the purposes of subsection (3A)(g). (3) For the purposes of Part 3 Division 5, a person subject to an order made under this section in respect of an offence that is a reportable offence is taken to have been found guilty of, and to have been sentenced for, the offence when the order was made. (4) For the purposes of Part 3 Division 5, a person subject to an order made under this section in respect of an offence that is not a reportable offence is taken to have been found guilty of, and to have been sentenced for, a Class 2 offence when the order was made. [Section 19 amended: No. 54 of 2012 s. 9.] 20A. Consent orders (1) In this section — past offender has the same meaning as in section 19. (2) On an application under section 15, a court may make a reporting order without being subject to section 19 if the applicant and the past offender consent to the making of the order. [Section 20A inserted: No. 54 of 2012 s. 10.] 20. Attendance at hearings (1) If the applicant does not attend a hearing fixed under section 16, the court — (a) if it is satisfied the applicant was notified of the hearing — must dismiss the application; or (b) otherwise, must adjourn the hearing. (2) If the respondent does not attend a hearing fixed under section 16 and the applicant does attend, the court — (a) if it is satisfied that the respondent was served with a summons requiring the respondent to attend the hearing — must hear the matter in the absence of the respondent; or (b) otherwise, must adjourn the hearing. (3) The registrar of a court that adjourns a hearing must notify any party permitted to attend the hearing who was not present when the hearing was adjourned. 21. Notification of orders made in absence of respondent The registrar of a court that makes a reporting order in the absence of the respondent must cause a copy of the order to be served on the respondent. 22. Appeals (1) A person aggrieved by the decision of a court — (a) under section 18(b) to dismiss an application; or (b) to make a reporting order under section 19, may appeal against that decision in accordance with this section. (2) If the decision was made by the District Court, the appeal is to be made to the Court of Appeal in accordance with the District Court of Western Australia Act 1969 section 79(1)(a). (3) If the decision was made by the Children's Court when constituted so as not to consist of or include a judge, the appeal is to be made as if the decision were a decision to which the Children's Court of Western Australia Act 1988 section 41 applied. (4) If the decision was made by the Children's Court when constituted so as to consist of or include a judge, the appeal is to be made as if the decision were a decision to which the Children's Court of Western Australia Act 1988 section 43 applied. [Section 22 amended: No. 5 of 2008 s. 127(2); No. 54 of 2012 s. 11.] 23. Appeal does not stay order An appeal against an order made under this Part does not operate to stay the operation of the order unless the court to which the appeal is made so orders. Part 3 — Reporting obligations Division 1 — Initial report 24. When report must be made (1) Subject to subsection (2A), a reportable offender of a kind referred to in column 1 of the Table to this subsection must report his or her personal details to the Commissioner within the period specified in column 2 of the Table. Table Column 1 Column 2 Reportable offender Period for initial report A reportable offender (other than a corresponding reportable offender) who enters government custody in Western Australia on or after the commencement day as a consequence of having been sentenced for a reportable offence and who ceases to be in government custody while in Western Australia Within 7 days after he or she ceases to be in government custody A reportable offender (other than a corresponding reportable offender) in government custody in Western Australia immediately before the commencement day and who ceases to be in government custody while in Western Australia Within 60 days after the commencement day or 7 days after he or she ceases to be in government custody, whichever is the later A reportable offender (other than a corresponding reportable offender) who is in Western Australia on the commencement day, but who is not in government custody at that time Within 60 days after the commencement day or, if he or she is given written notice of his or her reporting obligations within 53 days after that day, within 7 days after he or she is given that notice Any other reportable offender who is sentenced in Western Australia for a reportable offence Within 7 days after he or she is sentenced A reportable offender who enters Western Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner Within 14 days after entering Western Australia, if remaining in Western Australia for 14 or more consecutive days, not counting any days spent in government custody A corresponding reportable offender who has not previously reported his or her personal details to the Commissioner and who is in Western Australia on the date on which he or she becomes a corresponding reportable offender Within 7 days after he or she becomes a corresponding reportable offender or 7 days after he or she ceases to be in government custody, whichever is the later (2A) A reportable offender who must comply with the reporting obligations of this Act because of the making of an offender reporting order or a past offender reporting order must report his or her personal details to the Commissioner — (a) within 7 days after the order is made; or (b) if he or she is in government custody — within 7 days after ceasing to be in government custody. (2) Despite subsections (1) and (2A), a reportable offender must report his or her personal details to the Commissioner before leaving Western Australia unless he or she entered Western Australia from a foreign jurisdiction and remained in Western Australia for less than 14 consecutive days, not counting any days spent in government custody. [Section 24 amended: No. 54 of 2012 s. 12.] 25. When new initial report must be made by offender whose previous reporting obligations have ceased (1) If a reportable offender's reporting period expires but he or she is then sentenced for a reportable offence, he or she must report his or her personal details to the Commissioner — (a) within 7 days after being sentenced for the reportable offence; or (b) if he or she is in government custody — within 7 days after ceasing to be in government custody, whichever is the later. (2) If a reportable offender's reporting period expires but he or she then becomes a corresponding reportable offender who must under section 49 continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Commissioner — (a) within 7 days after becoming a corresponding reportable offender; or (b) if he or she is in government custody — within 7 days after ceasing to be in government custody, whichever is the later. (3) If a reportable offender's reporting obligations are suspended by an order made under section 53 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 59 (or an equivalent provision of the laws of a foreign jurisdiction), the reportable offender must report his or her personal details to the Commissioner — (a) within 7 days after the order ceases to have effect; or (b) if he or she is in government custody — within 7 days after ceasing to be in government custody, whichever is the later. (4) If a reportable offender's reporting obligations are suspended by an approval granted under section 61 and that approval ceases to have effect under section 62, the reportable offender must report his or her personal details to the Commissioner — (a) within 7 days after the approval ceases to have effect; or (b) if he or she is in government custody — within 7 days after ceasing to be in government custody, whichever is the later. (5) If a reportable offender is not in Western Australia at the time he or she would be required under subsection (1), (2), (3) or (4) to report his or her personal details to the Commissioner, then he or she must report his or her personal details within 14 days after entering Western Australia. (6) A person does not commit an offence against section 63 because of a failure to comply with the reporting obligation imposed by subsection (5) if he or she does not remain in Western Australia for 14 or more consecutive days, not counting any days spent in government custody. (7) Despite subsections (1), (2), (3) and (4), a reportable offender must report his or her personal details to the Commissioner before leaving Western Australia unless he or she entered Western Australia from a foreign jurisdiction and remained in Western Australia for less than 14 consecutive days, not counting any days spent in government custody. 26. Initial report by reportable offender of personal details (1) The details the reportable offender must report are — (a) his or her name, together with any other name by which he or she is, or has previously been, known; and (b) in respect of each name other than his or her current name, the period during which he or she was known by that other name; and (c) his or her date of birth; and (daa) details of any passport that he or she holds, including its number and expiry date and the name of the country that issued it; and (d) the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found; and (da) any telephone number that he or she has or that he or she regularly uses; and (db) any email address that he or she has or that he or she regularly uses; and (dc) the name of any Internet service provider whose Internet carriage service — (i) he or she is supplied with; or (ii) he or she regularly uses; and (dd) any name (other than a name reported under paragraph (a)) that he or she uses, or by which he or she is known, when using the internet for the purposes of communication; and (de) any — (i) website; or (ii) communication service provided by means of the internet, in connection with which he or she uses a name referred to in paragraph (a) or (dd) or an email address referred to in paragraph (db); and (df) any user name, code, password or other information that he or she uses to gain access to — (i) the internet generally or a particular website, other than a website operated by an authorised deposit‑taking institution, as defined in the Banking Act 1959 (Commonwealth), or a website approved by the Commissioner under subsection (1b); or (ii) an email address referred to in paragraph (db) or a communication service referred to in paragraph (de); and (e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides, or with whom he or she has regular unsupervised contact; and (fa) the address of each of the premises at which — (i) he or she is regularly present; and (ii) any children generally reside; and (f) if he or she is employed — (i) the nature of his or her employment; and (ii) the name of his or her employer (if any); and (iii) the address of each of the premises at which he or she is generally employed or, if he or she is not generally employed at any particular premises, the name of each of the localities in which he or she is generally employed; and (g) details of his or her affiliation with any club or organisation that has members who are children or that conducts activities in which children participate; and (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; and (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed); and (j) whether he or she has ever been found guilty in any foreign jurisdiction of a reportable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding offender reporting order or a corresponding protection order recognised under section 108 and, if so, where that finding occurred or that order was made; and (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a reportable offence or corresponding reportable offence — details of when and where that government custody occurred; and (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, Western Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence) — (i) in general terms, the reason for travelling; and (ii) in general terms, the frequency and destinations of the travel. (1a) In subsection (1)(dc) — Internet carriage service and Internet service provider have the same meanings as they have in Schedule 5 to the Broadcasting Services Act 1992 of the Commonwealth. (1b) For the purposes of subsection (1)(df)(i), the Commissioner may, at the written request of a reportable offender, approve a website used by the offender if the Commissioner is satisfied that the website is used by the offender only for lawful purposes in connection with recording financial information or making financial transactions. (2) For the purposes of this section — (a) a reportable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and (b) a child does not generally reside in the same household as a reportable offender unless they reside together in that household for at least 3 days (whether consecutive or not) in any period of 12 months; and (c) a reportable offender does not have regular unsupervised contact with a child unless he or she has unsupervised contact with the child for at least 3 days (whether consecutive or not) in any period of 12 months; and (da) a reportable offender is not regularly present at any premises unless he or she is present at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and (db) a child does not generally reside at any premises unless he or she resides at those premises for at least 3 days (whether consecutive or not) in any period of 12 months; and (d) a reportable offender is not generally employed at any particular premises unless he or she is employed at those premises for at least 7 days (whether consecutive or not) in any period of 12 months; and (e) a reportable offender does not generally drive a particular motor vehicle unless the person drives that vehicle for at least 7 days (whether consecutive or not) in any period of 12 months. (3) For the purposes of this section, a person is taken to be employed if he or she — (a) carries out work under a contract of employment; or (b) carries out work as a self‑employed person or as a subcontractor; or (c) carries out work as a volunteer for an organisation; or (d) undertakes practical training as part of an educational or vocational course; or (e) carries out work as a minister of religion or in any other capacity for the purposes of a religious organisation. (4) For the purposes of this section, a person is taken to be an employer of a reportable offender if the person — (a) arranges, in the course of business, for the reportable offender to be employed by another person; or (b) engages the reportable offender under contract to carry out work. [Section 26 amended: No. 27 of 2008 s. 4; No. 54 of 2012 s. 13 and 42(2).] 27. Persons required to report under corresponding Act (1) This section applies to a person (other than a person to whom Division 10 applies) who has been required to report to a corresponding registrar, whether or not he or she is a reportable offender for the purposes of this Act. (2) Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering Western Australia, contact (by telephone or another means prescribed by the regulations) an authorised person nominated by the Commissioner for the purposes of this section. (3) The contacted authorised person must advise the person whether he or she is a reportable offender for the purposes of this Act and any reporting obligations that he or she has under this Act. (4) A person does not commit an offence against section 63 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she — (a) is not a reportable offender for the purposes of this Act; or (b) has not been notified of that reporting obligation; or (c) does not remain in Western Australia for 14 or more consecutive days, not counting any days spent in government custody; or (d) reports in accordance with section 24. Division 2 — Ongoing reporting obligations 28. Reportable offender to report annually and as required by Commissioner (1) A reportable offender must report his or her personal details to the Commissioner each year. (2) The reportable offender must make the report in each year during the calendar month in which he or she first reported in accordance with this Act or a corresponding Act. (3) The Commissioner may, at any time, cause written notice to be given to a reportable offender requiring the reportable offender to report his or her personal details to the Commissioner at the time or times stated in the notice. (4) A reportable offender must report his or her personal details to the Commissioner in accordance with a notice under subsection (3). (5) If the reportable offender has been in government custody for any period since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred. (6) If a reportable offender's reporting period expires but he or she is then required to report again under section 25, the reference in subsection (2) to the month during which he or she first reported is to be read as a reference to the month during which he or she first reported in respect of the current reporting period. 29. Reportable offender to report changes to relevant personal details (1) A reportable offender must report to the Commissioner any change in his or her personal details — (a) if subsection (2)(a) or (b) applies to the change, within 24 hours after that change occurs; or (b) otherwise, within 7 days after that change occurs. (2) For the purposes of subsection (1), a change occurs — (a) in the place where the reportable offender or a child generally resides; or (b) as to when the reportable offender has unsupervised contact with a child; or (ca) as to when the reportable offender is present at a place; or (c) in the place where the reportable offender is generally employed; or (d) in the motor vehicle that the reportable offender generally drives, only on the expiry of the relevant 7 day period referred to in section 26(2)(a), (da), (d) or (e) or the relevant 3 day period referred to in section 26(2)(b), (c) or (db). (3) If the personal details of a reportable offender (other than one to whom Division 10 applies) change while he or she is not in Western Australia, he or she must report the change to the Commissioner within 7 days after entering Western Australia. (4) A person does not commit an offence against section 63 because of a failure to comply with the reporting obligation imposed by subsection (3) if he or she does not remain in Western Australia for 14 or more consecutive days, not counting any days spent in government custody. (5) A reportable offender who is in government custody for 14 or more consecutive days must report his or her personal details to the Commissioner — (a) within 7 days after ceasing to be in government custody; or (b) before leaving Western Australia, if he or she leaves within that 7 day period. [Section 29 amended: No. 54 of 2012 s. 14.] 29A. Intended absence from place of residence to be reported (1) In this section, a reference to the place where a reportable offender generally resides is a reference to — (a) the premises, or each of the premises, where he or she generally resides, as determined in accordance with section 26(2)(a); or (b) if he or she does not generally reside at any particular premises, the localities in which he or she can generally be found. (2) This section applies to a reportable offender who — (a) intends to leave the place where he or she generally resides for 7 or more consecutive days; and (b) does not intend to leave Western Australia. (3) At least 7 days before leaving the place where he or she generally resides, the reportable offender must report the intended absence to the Commissioner and must provide details of — (a) the dates, or approximate dates, of the period during which he or she intends to be absent from the place where he or she generally resides; and (b) each address or location within Western Australia at which he or she intends to reside (to the extent that they are known) and the dates, or approximate dates, of the periods during which he or she intends to reside at those addresses or locations. (4) If circumstances arise making it impracticable for a reportable offender to make the report at least 7 days before he or she leaves, it is sufficient compliance with subsection (3) if the reportable offender reports the required information to the Commissioner no later than 24 hours after leaving the place where he or she generally resides. (5) If the reportable offender decides not to leave the place where he or she generally resides, he or she must report his or her change of intention to the Commissioner within 7 days after deciding not to leave. (6) This section does not limit any requirement under this Act for a reportable offender to report a change in the place where he or she generally resides. [Section 29A inserted: No. 27 of 2008 s. 5.] 30. Intended absence from Western Australia to be reported (1) This section applies to a reportable offender who intends to leave Western Australia, whether to travel elsewhere in Australia or to travel out of Australia. (2) At least 7 days before leaving Western Australia, the reportable offender must report the intended travel to the Commissioner and must provide details of — (a) each State, Territory or country to which he or she intends to go while out of Western Australia; and (b) the approximate dates of the periods during which he or she intends to be in each of those States, Territories or countries; and (c) each address or location within each State, Territory or country at which he or she intends to reside (to the extent that they are known) and the approximate dates of the periods during which he or she intends to reside at those addresses or locations; and (d) if he or she intends to return to Western Australia, the approximate date on which he or she intends to return; and (e) if he or she does not intend to return to Western Australia, a statement of that intention. (3) If circumstances arise making it impracticable for a reportable offender to make the report at least 7 days before he or she leaves, it is sufficient compliance with subsection (2) if the reportable offender reports the required information to the Commissioner no later than 24 hours after leaving Western Australia. (4) A reportable offender who reports under subsection (3) after leaving Western Australia must make the report — (a) by facsimile or email sent to the Commissioner or to any other address permitted by the regulations; or (b) in any other manner permitted by the regulations. [Section 30 amended: No. 27 of 2008 s. 6.] 31. Change of travel plans while out of Western Australia to be reported (1) This section applies to a reportable offender who — (a) is in Western Australia, having left the place where he or she generally resides (as described in section 29A(1)), and decides to change any details given to the Commissioner under section 29A; or (b) is out of Western Australia and decides to change any details given to the Commissioner under section 30. (2) As soon as is practicable after making the decision, the reportable offender must report the changed details to the Commissioner. (3) If subsection (1)(b) applies, the reportable offender must make the report — (a) by facsimile or email sent to the Commissioner or to any other address permitted by the regulations; or (b) in any other manner permitted by the regulations. [Section 31 amended: No. 27 of 2008 s. 7.] 32. Reportable offender to report return to Western Australia or decision not to leave (1) This section applies to a reportable offender who was required to report under section 30 that he or she intended to leave Western Australia. (2) If the reportable offender left Western Australia, he or she must report his or her return to Western Australia to the Commissioner within 7 days after entering Western Australia. (2a) If the reportable offender left Western Australia to travel out of Australia, he or she must, in addition to reporting under subsection (2), produce to the Commissioner within 7 days after entering Western Australia — (a) his or her passport; and (b) any other document in his or her possession that contains information indicating where he or she travelled while out of Australia. (3) A person does not commit an offence against section 63 because of a failure to comply with the reporting obligation imposed by subsection (2) or (2a) if he or she does not remain in Western Australia for 14 or more consecutive days, not counting any days spent in government custody. (4) If the reportable offender decides not to leave Western Australia, he or she must report his or her change of intention to the Commissioner within 7 days after deciding not to leave. [Section 32 amended: No. 27 of 2008 s. 8.] 33. Report of other absences from Western Australia (1) This section applies to a reportable offender who, at the time of making a report under this Division, leaves or intends to leave Western Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence). (2) The reportable offender must report to the Commissioner — (a) in general terms, the reason for travelling; and (b) in general terms, the frequency and destinations of the travel. Division 3 — Provisions applying to all reporting obligations 34. Where reports must be made (1) A report under this Part must be made — (a) at any police station in the locality in which the reportable offender is currently residing; or (b) at another place approved (either generally or in a particular case) by the Commissioner; or (c) if a direction is given in accordance with the regulations as to the police station or approved place at which the report must be made, at the police station or approved place so directed. (2) This section does not apply if, under section 35(2), a report is permitted to be made in a way that is inconsistent with this section. [Section 34. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 35. How reports must be made (1) A reportable offender must make the following reports under this Part in person — (a) a report required by Division 1; (b) a report required by section 28; (c) a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found; (d) a report of the acquisition of, removal of, or change to any tattoo or distinguishing mark. (2) A reportable offender may make any other report he or she is required to make under this Part in person or in any other way permitted by the regulations or by the Commissioner, either generally or in a particular case. (3) Only an authorised person may receive a report made under this Part. (4) If a reportable offender attending in person is a child, or has a disability that makes it impossible or impracticable for him or her to make a report, any parent, guardian, carer or other person nominated by the reportable offender who is accompanying the reportable offender may make the report on the reportable offender's behalf. (5) If a reportable offender who is permitted to make a report otherwise than in person in accordance with subsection (2) has a disability that makes it impossible or impracticable for him or her to make the report, a parent, guardian, carer or other person nominated by the reportable offender may make the report on the reportable offender's behalf. 36. Right to privacy and support when reporting (1) A person making a report under this Part at a police station or approved place — (a) is entitled to make the report out of the hearing of members of the public; and (b) is entitled to be accompanied by a support person of his or her own choosing. (2) An authorised person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part. (3) An authorised person receiving the report may allow an interpreter to be present when a person is making a report under this Part only if the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any written or other law to do so. 37. Receipt of information to be acknowledged (1) As soon as is practicable after receiving a report under Division 1, the authorised person receiving the report must acknowledge the making of the report. (2) The acknowledgment must be in writing, must be given to the person who made the report and must include — (a) the name and signature of the authorised person who received the report; and (b) the date and time when, and the place where, the report was received; and (c) a copy of the information that was reported in accordance with this Part. (3) If a report under this Part is made otherwise than in person, the authorised person who received the report must as soon as is practicable — (a) give the person making the report a unique reference number; and (b) record that number on the relevant reportable offender's file and, if applicable, on the acknowledgment. (4) The Commissioner may make an agreement with the reportable offender as to the manner in which any reference number or acknowledgment required to be given by this section may be given. (5) The Commissioner must ensure — (a) that there is a method of recording an agreement made under subsection (4); and (b) that a copy of the agreement is given to the reportable offender; and (c) that, except with the written consent of the reportable offender, any reference number or acknowledgment required to be given by this section is given in accordance with the agreement while the agreement remains in force. (6) The Commissioner must ensure that a copy of every acknowledgment is retained. [Section 37 amended: No. 54 of 2012 s. 15.] 38. Additional matters to be provided (1) If a report is required to be made in person, the person making the report must also — (a) present for inspection to verify or support details in the report — (i) any passport that the reportable offender holds; or (ii) if the reportable offender does not hold a passport — the identification documents, relating to the identity of the reportable offender, required by subsection (2A); and (b) provide a photograph of the reportable offender's head and face of a type suitable for use in an Australian passport; and (c) if not the reportable offender — present for inspection — (i) any passport that the person holds; or (ii) if the person does not hold a passport — the identification documents, relating to the identity of the person making the report, required by subsection (2A). (2A) For the purposes of subsection (1)(a)(ii) and (c)(ii), the identification documents required are — (a) any one of the following — (i) a current driver's licence that displays a photograph or digital image of the licence holder; (ii) an Australian naturalisation or citizenship document; (iii) an original birth certificate or a certified copy, or certified extract, of a birth certificate; (iv) a form of identification or document prescribed for the purposes of this paragraph; and (b) any one of the following — (i) a current signed credit or debit card, a passbook or a statement of account issued by a bank, building society or credit union; (ii) a current Medicare card; (iii) a gas, water, electricity or telephone account issued within 12 months before the report is made; (iv) a notice of rates from a local government (however described) or a notice of water service charges or land valu