Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2025 (WA)
Western Australia
Community Protection (Offender Reporting) Act 2004
Western Australia
Community Protection (Offender Reporting) Act 2004
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 28 July 2025.
These regulations amend the
(1) In regulation 3 delete the definition of
Department of Corrective Services .(2) In regulation 3 insert in alphabetical order:
Delete regulation 4(a) and insert:
(a) employed in the department of the Public Service principally assisting in the administration of the Act; and
(1) In regulation 7(1):
(a) delete “Corrective Services” and insert:
Justice
(b) in paragraphs (a) and (b) delete “custody; or” and insert:
custody (other than a reportable offender who is in immigration detention); or
(2) In regulation 7(2)(b) delete “Corrective Services.” and insert:
Justice.
After regulation 7 insert:
For the purposes of section 4B(2)(c) of the Act, the frequency of the contact or likely contact with the child is a detail related to reportable contact or likely reportable contact with a child by a reportable offender.
In regulation 9(g) delete “of the Northern Territory;” and insert:
(1) In regulation 11A delete “For the purposes” and insert:
(1) For the purposes
(2) At the end of regulation 11A insert:
(2) For the purposes of section 10(c) of the Act, the offences under the
Crimes Act 1914 (Commonwealth) sections 50BA and 50BB are Class 1 offences.(3) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.
(1) In regulation 11:
(a) delete “For the purposes” and insert:
(1) For the purposes
(b) in the Table insert in numerical order:
s. 474.25C
(2) At the end of regulation 11 insert:
(2) For the purposes of section 11(c) of the Act, the offences under the provisions of the
Crimes Act 1914 (Commonwealth) listed in the Table are Class 2 offences.
s. 50BC | s. 50BD |
s. 50DA | s. 50DB |
(3) For the purposes of section 11(c) of the Act, the following are Class 2 offences —
(a) an offence under the
Customs Act 1901 (Commonwealth) section 233BAB if it involves items of child abuse material;(b) an offence under the
Customs Act 1901 (Commonwealth) section 233BAB as in force from time to time before 21 September 2019 if it involves items of child pornography or child abuse material.
(4) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.
(1) In regulation 12(1):
(a) delete paragraph (a);
(b) delete paragraph (c) and insert:
(c) if it is not possible for the person to contact the authorised person by telephone or email — by mail.
(2) In regulation 12(2) delete “facsimile number,”.
After regulation 14 insert:
(1) In this regulation —
(2) For the purposes of section 37(3B) of the Act, the following are manners in which a unique reference number or acknowledgment may be given —
(a) in the case of a unique reference number or acknowledgment required to be given in relation to an online reporting tool report — by sending the unique reference number or acknowledgment to an email address provided, in the online reporting tool report or otherwise by the person making the report, for the purpose of receiving the number or acknowledgment;
(b) in the case of a unique reference number or acknowledgment required to be given in relation to a report made by email — by sending the unique reference number or acknowledgment to the email address from which the report was made.
13. Regulations 17 and 18 deleted
Delete regulations 17 and 18.
(1) In regulation 19(a) delete “Corrective Services,” and insert:
Justice,
(2) In regulation 19(e):
(a) after “from government custody” insert:
other than immigration detention
(b) in subparagraph (i) delete “his or her” and insert:
their
(c) in subparagraph (ii) delete “Corrective Services,” and insert:
Justice,
(3) After regulation 19(e) insert:
(ea) for a reportable offender who is released from government custody consisting of immigration detention — the Commissioner;
(4) In regulation 19(f) delete “he or she has not previously been given notice of his or her” and insert:
they have not previously been given notice of their
(5) In regulation 19(g) delete “he or she is” and insert:
they are
After regulation 20 insert:
(1) For the purposes of section 82(1)(cb) of the Act, the following agency officials are prescribed —
(a) a police officer;
(b) a person employed in the department of the Public Service principally assisting in the administration of the Act;
(c) an agency official who is a member of, police officer of, or a person employed in —
(i) the Australian Federal Police; or
(ii) the police force of another State or Territory; or
(iii) an entity of another State or Territory that has functions similar to the functions of the department of the Public Service principally assisting in the administration of the Act;
(d) the Public Advocate as defined in the
Guardianship and Administration Act 1990 section 3(1);(e) a person employed in the department or departments of the Public Service that principally assist in the administration of the
Children and Community Services Act 2004 and theWorking with Children (Screening) Act 2004 ;(f) a person employed in the department of the Public Service principally assisting in the administration of the
School Education Act 1999 ;(g) a person employed in the Department of Justice;
(h) an agency official employed in the Department of State of the Commonwealth assisting in the administration of the
Australian Border Force Act 2015 (Commonwealth);(i) an agency official employed in the Department of State of the Commonwealth assisting in the administration of the
Australian Passports Act 2005 (Commonwealth).
(2) For the purposes of section 82(1)(e) of the Act, a circumstance is disclosure for the purpose of law enforcement to a member of, police officer of, or a person employed in —
(a) a police force of another country; or
(b) an entity of another country that has functions similar to the functions of the department of the Public Service principally assisting in the administration of the Act.
For the purposes of section 82A(b) of the Act, the position of Executive Manager, Serious Offender Registry is prescribed.
(1) In regulation 21:
(a) delete “Each of” and insert:
(1) Each of
(b) after paragraph (ca) insert:
(cb) a sexual harm prevention order made under the
Sexual Offences Act 2003 (United Kingdom) section 103A;(c) after paragraph (d) insert:
(da) a sexual harm prevention order made under the
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Scotland) section 11 or 12;(d) in paragraph (f) delete “
Summary ” and insert:
Criminal (2) At the end of regulation 21 insert:
(2) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.
In regulation 26A(1):
(a) delete “his or her” and insert:
the reportable offender’s
(b) in paragraph (a) delete “him or her” and insert:
them
In regulation 26C(2) and (3)(a) delete “his or her” and insert:
the reportable offender’s
• In regulation 26E(1) delete “his or her” and insert:
their
After regulation 26K insert:
(1) For the purposes of section 108A(1)(c)(iv) of the Act, the following offences are prescribed —
(a) an offence against the
Criminal Code (Commonwealth) section 474.19;(b) an offence against the
Criminal Code (Commonwealth) section 474.22.
(2) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.
K. COLLERAN, Clerk of the Executive Council
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