The State of Western Australia v DAL [No 5] - [2025] WASC 377

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION:   THE STATE OF WESTERN AUSTRALIA -v- DAL [No 5] [2025] WASC 377
CORAM:   LEMONIS J
HEARD:   29 AUGUST 2025
DELIVERED          :   29 AUGUST 2025
PUBLISHED           :   11 SEPTEMBER 2025
FILE NO/S:   SO 2 of 2015
BETWEEN:   THE STATE OF WESTERN AUSTRALIA
Applicant

AND

DAL
Respondent

Catchwords:

Application for a restriction order under the High Risk Serious Offenders Act 2020 (WA) - Consideration of whether the State has met the requisite criterion for the Court to fix a date for the hearing of the State's application - Consideration of whether existing supervision order should be extended

Legislation:

Criminal Code (WA)
Dangerous Sexual Offenders Act 2006 (WA)
High Risk Serious Offenders Act 2020 (WA)

Result:

Criterion under s 46 of the High Risk Serious Offenders Act 2020 (WA) is met
Date set for restriction order hearing and ancillary orders made for the provision
of expert evidence at that hearing
Existing supervision order extended

Category: B

Representation:

Counsel:

Applicant	:	Ms G Colborne
Respondent	:	Mr T Hager

Solicitors:

Applicant	:	State Solicitor's Office
Respondent	:	Legal Aid (WA)

Case(s) referred to in decision(s):

Nil

LEMONIS J:

(These reasons were delivered orally on 29 August 2025. They have been amended to correct matters of language.)

Introduction

On 11 July 2025, the State of Western Australia applied for a restriction order in respect of the respondent under the High Risk Serious Offenders Act 2020 (WA). Section 46 of the HRSO Act requires that there be a preliminary hearing in respect of the State's application, which is the hearing listed before me today.
By way of initial background, on 11 June 2015, the respondent was declared to be a dangerous sexual offender under the, now repealed, Dangerous Sexual Offenders Act 2006 (WA), and a continuing detention order was made.
On 24 August 2017, the continuing detention order was rescinded and a supervision order made for eight years. The supervision order continued as a supervision order pursuant to s 125 of the HRSO Act upon the commencement of the HRSO Act and is taken to have been made as a supervision order under that Act.
The respondent was subsequently the subject of contravention proceedings, and on 19 July 2022, the supervision order was affirmed and amended. It is now due to expire on 14 September 2025.
The State's current application is brought pursuant to s 36 of the HRSO Act, which authorises the State to apply for a new restriction order in the year prior to the expiry of the existing supervision order. As part of its application, the State also seeks an order under s 58(3) of the HRSO Act, that the existing supervision order is to continue until these proceedings are finally determined. The main purpose of the preliminary hearing before me today is for me to decide whether there are reasonable grounds for believing that the court might find, pursuant to s 7 of the HRSO Act, that the respondent remains a high-risk serious offender within the meaning of that Act. If I am not so satisfied then I can not fix a date for the hearing of the State's application.
A high risk serious offender is a person in relation to whom the court is satisfied by acceptable and cogent evidence, and to a high degree of probability that it is necessary to make a restriction order to ensure adequate protection to the community against an unacceptable risk that the person will commit a serious offence. The restriction order is a continuing detention order or a supervision order. So to state the obvious, a restriction order does not necessarily entail a person being detained in custody.
Section 7 of the HRSO Act states there are matters that the court must have regard to in assessing whether a person is a high risk serious offender. These matters are comprehensively addressed in the State's written submissions. The respondent is represented today by counsel, Mr Hager, who is experienced in this area, and he quite properly concedes that the criterion set out in s 46 of the HRSO Act is met, and also, that the existing supervision order should be extended until the final determination of the application.
For the relatively brief reasons which I will now explain, I accept that is the appropriate course to take. I am satisfied that it is in the interests of the community for the respondent to remain subject to the supervisions and restrictions he is presently bound by under the existing supervision order.
In support of the application, the State relies upon the affidavit of Ms Allen, dated 11 July 2025. Ms Allen's affidavit contains the detail of the respondent's criminal history as well as several reports and assessments in relation to him.
These include both psychological and psychiatric reports, as well as program completion reports. The respondent has an extensive criminal record, which includes 43 serious offences against children. The most recent reports available are those that were before the court when the supervision order was affirmed and amended. It is not necessary to go to those reports in detail. They are summarised at par 37 of the State's submissions in respect of the psychiatric report, and 38 in respect of the psychological report.
It is sufficient to note that in terms of the psychiatric report, the psychiatrist, Dr Wojnarowska, was of the opinion that the respondent remained a high risk of re-offending in a sexual manner, if not subject to the HRSO Act. However, she was also of the opinion that his risk could continue to be managed in the community. In respect of the psychologist's report, the psychologist had noted, amongst other matters, that the respondent at that point in time had said that he (the respondent) would never be able to guarantee that he would not act on his deviant sexual interest and urges.
The reports, of course, provide important guidance as to the respondent's risks. That being said, it is not apparent from the material before me that the respondent's risk has escalated since the supervision order was affirmed, such that it would no longer afford adequate protection of the community. Since the supervision order was affirmed and amended, there has been one contravention by the respondent of the supervision order, which resulted in a fine of $1200 and no contravention proceedings being brought.
Also, as the State has set out in the written submissions, the respondent is starting to take some steps towards self-management, which includes planning for public outings. In all of these circumstances, and having regard to the matters outlined in the State's written submissions, I am satisfied there are reasonable grounds to believe that the court might find that the respondent remains a high risk serious offender.
Accordingly, I am satisfied the criterion in s 46 of the HRSO Act is met. I will therefore make an order fixing the date of the hearing of the State's application for a restriction order. I will also make orders that the respondent undergo examination by a psychiatrist and a psychologist, and orders facilitating the preparation of their reports. Pending the hearing of the restriction application, I am satisfied that the respondent should remain in the community under the conditions of the existing supervision order.
I will therefore order that pursuant to s 58(3) of the HRSO Act, that the period of the supervision order is to continue until these proceedings are finally determined. I do think, though, that attention needs to be given to the complexity of the language used in the supervision order.
However, that is a matter that can be dealt with at a later stage.

IN THE SUPREME COURT OF WESTERN AUSTRALIA

SO 2 of 2015

IN THE MATTER of the High Risk Serious Offenders Act 2020

THE STATE OF WESTERN AUSTRALIA Applicant

-and-

DAL Respondent

_________________________________________________________________________

INTERIM SUPERVISION ORDER MADE BY THE HON JUSTICE LEMONIS
ON 29 AUGUST 2025

_________________________________________________________________________

With proceedings pending on a restriction order application and the Court being satisfied that, to ensure adequate protection of the community, it is desirable to make an order under section 58 of the High Risk Serious Offenders Act 2020, the Court orders that the Respondent be subject to an interim supervision order pursuant to section 58(3) of the Act, from 14 September 2025 until the proceedings are finally determined or further order of the Court, on the following conditions:

You, DAL, must:

STANDARD CONDITIONS REQUIRED BY THE HRSO ACT

Report to a Community Corrections Officer (CCO) at the East Perth Adult Community Corrections Centre, 30 Moore Street, East Perth, by 10 AM on 14 September 2025 and advise the officer of your current name and address;

Report to and receive visits from, a CCO as directed by the court;

Notify a CCO of every change of your name, place of residence, or place of employment at least 2 business days before the change happens;

Be under the supervision of a CCO, which includes, complying with any reasonable direction of the officer (including a direction for the purposes of section 31 or section 32);

Not leave, or stay out of, the State of Western Australia without the permission of a CCO;

Not commit a serious offence during the period of the order; and

Be subject to electronic monitoring under section 31.

ADDITIONAL CONDITIONS

Residence

Take up residence at [redacted] and spend each night at that address or at a different address only if such different address is approved in advance by a CCO assigned to you;
Keep a permanent place of residence approved by a CCO assigned to you;

Any overnight stays, defined as between 10.00 p.m. and 7.00 a.m. at your permanent place of residence by a third party, must be approved in advance by a CCO;

Reporting to a CCO and supervision by a CCO

If and as directed by your CCO, report to a CCO at your nominated release address within normal business hours immediately following the commencement of the order on 14 September 2025;
Be under the supervision of a CCO, and comply with the lawful orders and directions of a CCO;

Not commence or change voluntary, paid employment or education without the prior approval of the CCO;

Attendance at programs or treatment

Consult and engage with any psychiatrist, psychologist, mentor, support service and/or support person nominated by a CCO, as directed by a CCO;

Comply with the requirements of all programs designed to address your offending behaviour and/or risk of serious sexual re-offending, as directed by a CCO;

Reporting to WA Police

If and as directed by your CCO or Police, report to the Officer-in-Charge of the Serious Offender Management Squad (SOMS) at the Hatch Building, 144 Stirling Street, PERTH WA 6000 by 10 AM on 14 September 2025, and report to and receive visits from Police at times and at locations as directed by Police;

Comply with all obligations imposed on you pursuant to the Community Protection (Offender Reporting) Act 2004 (WA);
If requested, permit Police Officers to enter and search your residence and/or vehicle for the purpose of monitoring your compliance with your obligations under this order, and allow the seizure of any such items that the Police Officer believes to contravene the conditions of the order. You must remain at your premises and/or vehicle when any search is conducted;

When requested, advise Police or a CCO of the names of all of your internet service providers, all mobile or landline telephone services used by you and all screen names, user names or identities and email addresses used by you;

Upon request, permit a CCO or Police at any location nominated by them, to access any computer, telecommunication and/or device capable of storing digital data, for the purpose of ascertaining your computer, telecommunication and/or electronic device related activities, and provide to the CCO or Police upon request any passwords or any other means used to unlock or access the device;

Disclosure/Exchange of Information

Agree to the exchange of information between persons and agencies involved in the implementation and supervision of this order, including confidential information;

Allow the CCO, Police, or other person or agencies approved by the CCO, to interview any associates or potential associates and, where appropriate, to disclose to them confidential information including your offence history;

Restrictions on contact with Victims

Have no contact, directly or indirectly, with the victims of your sexual offending, unless such contact is conducted in accordance with agreements made through, or approved by, the Victim-Offender Mediation Unit of the Department of Justice;

Unless contact with victims is permitted pursuant to the previous condition, you must immediately physically withdraw from any situation or immediate location in which contact is made with any victim of your sexual offending (including being in the immediate presence of any victim), without engaging in conversation with any victim whether by word or gesture, and must avert your gaze from such victim at all times;

Not breach any provision of, or commit any offence under, the Restraining Orders Act 1997;

Not be physically present in Midland, Middle Swan, Viveash, Leederville, Mt Helena, Boyanup, Bunbury and Busselton;

Criminal Conduct

Not commit any other criminal offence where the maximum penalty for which includes imprisonment, and which involves either violence, threats of violence, or the possession of weapons or offensive instruments;

Not commit an offence under s 202, s 203, s 204, s 557K Criminal Code 1913 (WA) or s 17(1) Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021;
Not commit any offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 (WA);

Curfew

Be subject to a curfew, pursuant to section 32 of the High Risk Serious Offenders Act 2020 (WA), such that you are to remain at and not leave your approved address as directed by a CCO from time to time;

When subject to a curfew under this order, present yourself for inspection at the front door or front yard of your approved address, or speak on the telephone, to any CCO or Police Officer or their agent monitoring your compliance with the curfew;
When subject to a curfew under this order, you must ensure that all those people present in the residence, who may answer the telephone or door, are aware as to your obligations and request their assistance to comply with your obligations by alerting you to such attempts to contact you by persons monitoring your compliance with the curfew;

Medications/mental health

Attend any medical practitioner, psychologist, psychiatrist or counsellor as directed by the supervising CCO and undergo medication treatment, including anti-depressant medication or anti-libidinal treatment, as directed by the CCO in consultation with a medication practitioner or medical practitioners;

Permit any medical practitioner, psychologist, psychiatrist or counsellor to disclose details of medical treatment and opinions relating to your level of risk of re-offending and compliance with treatment to your CCO;
Undertake any medication regime in accordance with a medical practitioner's direction, and to comply with all testing to monitor your compliance with that treatment as directed by a CCO;

Prevention of high-risk situations

Not associate with any person known by you to have committed a sexual offence, unless such association is authorised in advance by the CCO;
Maintain a daily diary of your movements, activities and associations if and as directed by the CCO, and present this diary to the CCO and Police Officer upon request;
Have no contact with any child under the age of 16 years, whether such contact is in person, in writing, by telephone or by electronic means, unless:
(a)the contact is authorised in advance by the CCO and such contact is supervised at all times by an adult approved in advance by the CCO;
(b)the contact is necessary to complete a commercial transaction and limited to the minimum contact required to complete the transaction, and another adult is present.

(Contact under this condition and the following two conditions means any form of interaction or communication whether by word, gesture, expression or touch and whether in person, in writing, by telephonic or electronic means, but does not include the bare minimum of interaction or communication necessary between an adult and child to promptly and civilly terminate any inadvertent or uninvited interaction or communication);

Where any unsupervised contact with a child under the age of 16 years is initiated by the child, unless the contact is permitted under the condition immediately above, you must withdraw immediately from the presence of the child;
Provide details of any contact with a child under the age of 16 years both to your CCO and to the Police on the next occasion you report to that person or agency;

Not form any domestic relationship with a person who has children under the age of 16 years in their care either full-time or part-time;

Report at your next contact with a CCO the formation of any friendship (of more than 1 contact by any means), domestic, romantic, sexual or otherwise intimate relationship by you with any person;
As directed by a CCO, make full disclosure regarding your past offending and the current order to anyone with whom you commence a friendship (of more than 1 contact by any means), domestic, romantic, sexual or otherwise intimate relationship, which disclosure can be confirmed by a CCO or a Police Officer;
Not allow any person with whom disclosure of your offences has not been confirmed by Police or a CCO onto your place of residence unless approved by a CCO;
Have no contact with, membership of an affiliation with clubs, associations or groups where membership is primarily for children; and to cease/cancel such memberships if directed to do so by a CCO or Police Officer;
Not conduct computer searches for, nor collect or access, or be in possession of, in either electronic or permanent form, images of children, including drawings or sketches, whether indecent or not. Possession of such images depicting a child or children on items such as on household items, may be authorised by a CCO;
To advise a CCO of every device used by you to access the internet and the location of that device;
With respect to any computer, telephone and electronic storage devices, in your possession, whether or not the device is capable of connecting to the internet, not to delete or otherwise remove or disguise any data including, but not limited to, calls, Short Message Service (SMS) texts, search histories or logs capable of identifying your activities on your telephone and electronic storage devices, without the approval in advance of a CCO or Police Officer; and
You must not allow any person other than a CCO or Police access to any computer, telecommunication and/or electronic device in your possession or which is used by you, whether or not it is capable of being connected to the internet without the express prior approval of a CCO. Should any other entity be required to access a device for instances such as technical advice, approval must be sought in advance from a CCO.

_______________________________
THE HON JUSTICE LEMONIS

I have received a copy of this Order. I have had it explained to me and understand the effect of this Order and what may happen if I contravene it.

Signed by the Respondent _________________________________
DAL

In the presence of: _________________________________

Name and address: _________________________________

_________________________________

Date: _________________________________

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

SP
Associate to the Hon Justice Lemonis
11 SEPTEMBER 2025