The State of Western Australia v James-Ind [No 2] - [2022] WASC 343

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA
CITATION:   THE STATE OF WESTERN AUSTRALIA -v- JAMES-IND [No 2] [2022] WASC 343
CORAM:   MCGRATH J
HEARD:   12 OCTOBER 2022
DELIVERED          :   17 OCTOBER 2022
FILE NO/S:   SO 5 of 2018
BETWEEN:   THE STATE OF WESTERN AUSTRALIA
Applicant
AND
ROBERT ALAN JAMES-IND
Respondent

Catchwords:

Criminal law - High risk serious offender - Contravention proceedings - Application under s 53 and s 55(1) of the High Risk Serious Offenders Act 2020 (WA) for amended supervision order

Legislation:

High Risk Serious Offenders Act 2020 (WA)

Result:

Supervision order conditions amended

Representation:

Counsel:

Applicant	:	Ms F M Allen
Respondent	:	Ms K J Farley SC

Solicitors:

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

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

Director of Public Prosecutions (WA) v Hart [2019] WASC 4
The State of Western Australia v Narrier [No 5] [2019] WASC 17
The State of Western Australia v West [No 6] [2019] WASC 427
The State of Western Australia v Yates [2020] WASC 149
The State of Western Australia v ZSJ [2020] WASC 330

MCGRATH J:

Introduction

The respondent, Mr James-Ind, is a declared dangerous sexual offender who was released into the community subject to a supervision order with 45 conditions for a period of 5 years under s 17 of the now repealed Dangerous Sexual Offenders Act2006 (WA) (DSO Act) (the supervision order).[1]
[1] The State of Western Australia v James-Ind [2019] WASC 176.
Mr James-Ind was charged under s 80(1) of the HRSO Act with two contraventions of the supervision order. Mr James-Ind pleaded guilty to both charges in the Magistrates Court.
In reliance upon the two convictions, the State applies under s 53 of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act) for orders under s 55(1) of the HRSO Act that the supervision order be rescinded and Mr James-Ind be detained in custody or alternatively that the supervision order be amended (the application).
On 15 December 2020, Smith J ordered that Mr James-Ind be subject to an interim detention order pending the determination of this application.[2]
[2] ts 257 (15/12/2020); Orders of Smith J on 15 December 2020.
Mr James-Ind accepts that he contravened the supervision order. I find that the contraventions are proven. The State submitted that Mr James-Ind may be released into the community subject to an amended supervision order. I am of the view that the State's submission is properly made and that Mr James-Ind will be released subject to an amended supervision order.

Legal principles

On 9 July 2020, pt 1 of the HRSO Act came into operation.[3] Other parts of the HRSO Act relevant to the application came into operation on 26 August 2020 (commencement day).[4] On the commencement day, the DSO Act was repealed.[5] It is in these circumstances that the application has been made under the HRSO Act.
[3] High Risk Serious Offenders Act 2020 (WA) (HRSO Act) s 2(1)(a).
[4] The term 'commencement day' is defined for the purposes of the provisions contained in pt 10 of the HRSO Act (s 122 ‑ s 125) to mean 'the day on which this section comes into operation'. The 'day on which this section comes into operation' is, by virtue of proclamation, 26 August 2020; HRSO Act s 2(1)(c).
[5] HRSO Act s 123.
Under s 125 of the HRSO Act, if an order made, or direction given, under the DSO Act is in effect on the commencement day, the order or direction continues in effect and is taken to have been made or given under the corresponding provision of the HRSO Act. Accordingly, the supervision order continues in effect and is taken to have been made under the HRSO Act.
The case law decided under the DSO Act in relation to applications made under the corresponding provisions to s 53 and s 55 of the HRSO Act remains relevant to the determination of applications made under s 53 and s 55 of the HRSO Act. Accordingly, the cases which I may refer to in dealing with the legal principles applicable to the determination of this application under the HRSO Act will be cases that have been concerned with proceedings under the DSO Act.
Section 53 of the HRSO Act is the section that specifies the circumstances in which the applicant may apply for an order under s 55. It is not in issue whether in the case of Mr James-Ind the circumstances for the making of an application for an order under s 55 exist.
Section 55 of the HRSO Act relevantly provides as follows:
(1) If, on the hearing of an application under section 53, the court is satisfied on the balance of probabilities that the offender to whom the application relates has contravened or is contravening a condition of a supervision order, the court must ‑
(a)rescind the supervision order and make a continuing detention order in relation to the offender; or
(b) except as provided in section 29, make an order amending the conditions of the supervision order, or extending the period for which the offender is to be subject to the supervision order, or both; or
(c)except as provided in section 29, make an order affirming the supervision order without amendment or extension.
(2)If, on the hearing of an application under section 53, the court is satisfied on the balance of probabilities that the offender to whom the application relates is likely to contravene a condition of a supervision order, the court must ‑
(a)rescind the supervision order and make a continuing detention order in relation to the offender; or
(b)except as provided in s 29, make an order -
(i)amending the conditions of the supervision order; or
(ii)amending the conditions of, and extending the period for which the offender is to be subject to, the supervision order.
(3)In deciding which order to make under subsection (1) or (2), the paramount consideration is to be the need to ensure adequate protection of the community.
The respondent, given that he is subject to the supervision order, is an 'offender' to whom the application relates within the meaning of s 55.[6]
[6] See HRSO Act s 3, par (b) for definition of 'offender' and definition of 'serious offender under restriction'.
The references in s 55 to a 'continuing detention order' are references to 'an order that the offender be detained in custody for an indefinite term for control, care, or treatment'.[7] The references in s 55 to a 'supervision order' are references to 'an order that the offender, when not in custody, is to be subject to stated conditions that the court considers appropriate, in accordance with section 30'.[8]
[7] HRSO Act s 3, s 26(1).
[8] HRSO Act s 3, s 27(1).
Section 29 of the HRSO Act provides:
(1)A court cannot make, affirm or amend a supervision order in relation to an offender unless it is satisfied, on the balance of probabilities, that the offender will substantially comply with the standard conditions of the order as made, affirmed or amended.
(2)The onus of proof as to the matter described in subsection (1) is on the offender.
(3) This section does not apply to the making of an interim supervision order.
The term 'standard condition' is defined in s 3 of the HRSO Act to mean, in relation to a supervision order, a condition which must be included in the order under s 30(2) of the HRSO Act. Section 30(2) of the HRSO Act specifies seven conditions that must be included in any supervision order.
Therefore, the effect of s 29(1) and s 29(2) of the HRSO Act is that the respondent must satisfy the court on the balance of probabilities that he will substantially comply with the standard conditions set out in s 30(2) before the court can amend and/or extend a supervision order pursuant to s 55(1)(b), affirm a supervision order pursuant to s 55(1)(c), amend a supervision order pursuant to s 55(2)(b)(i) or amend and extend a supervision order pursuant to s 55(2)(b)(ii).
For the court to be satisfied on the balance of probabilities that the offender will substantially comply with the standard conditions of a supervision order, it must be satisfied that the offender will comply with the standard conditions in a manner and to an extent that is consistent with, and will enable, the attainment of the general object of the supervision order and the HRSO Act, namely the adequate protection of the community by management and mitigation of the risk that the offender will commit a serious offence.[9]
[9] Director of Public Prosecutions (WA) v Hart [2019] WASC 4 [52]; The State of Western Australia v Narrier [No 5] [2019] WASC 17 [113]; The State of Western Australia v West [No 6] [2019] WASC 427 [29]; The State of Western Australia v ZSJ [2020] WASC 330 [56] ‑ [58].
Even if the court is satisfied on the balance of probabilities that the offender will substantially comply with the standard conditions set out in s 30(2), this will not necessarily mean that a supervision order should be amended, extended or affirmed. This is because, by reason of s 55(3), the paramount consideration, in deciding whether to make an order under s 55(1), is the need to ensure adequate protection of the community. Accordingly, even if the court is satisfied that an offender will substantially comply with the standard conditions of a supervision order, there may be circumstances in which, despite such a finding, the court is not satisfied that releasing the offender on a supervision order will ensure the adequate protection of the community.[10]
[10] TheState of Western Australia v Yates [2020] WASC 149 [33].

The contraventions

The contravention allegation relies upon convictions of Mr James-Ind, upon his own plea, of two charges of breaching his supervision order contrary to s 80(1) of the HRSO Act.[11] The two breaches arise from Mr James-Ind allowing two females, aged 41 and 16 years respectively, to reside in a caravan at his address without the prior approval of a Community Corrections Officer (CCO). Condition 40 of the supervision order provides that Mr James-Ind must not permit any female to enter any residential address in which he resided, unless the identity of such person is approved in advance by the CCO.
[11] Exhibit 1, Book of Materials, 97, Prosecution Notice lodged 27 November 2020, charge number PE 53279/2020; Exhibit 1, Book of Materials, 97, Prosecution Notice lodged 27 November 2020, charge number PE 53280/2020.
On 11 January 2021, the learned Magistrate sentenced Mr James-Ind and imposed a term of immediate imprisonment of 6 months 1 day on each charge with the terms to be served concurrently.[12]

The evidence

[12] Exhibit 1, Book of Materials, 158 - 160, Transcript of Magistrate Court hearing on 11 January 2021.

I outlined the history of the proceedings and antecedents of Mr James-Ind including his criminal record and psychological and psychiatric assessments in The State of Western Australia v James-Ind.[13] It is not necessary to reproduce that judgment in these reasons.
[13] The State of Western Australia v James-Ind [2019] WASC 176.
At the hearing of the application the State tendered one volume of documents for the purposes of the application.[14] The material comprised the historical information concerning Mr James-Ind and his conduct in the community and reports prepared for this hearing. I received a report from Dr Wynn Owen dated 18 August 2022, a report from Community Corrections dated 22 August 2022 and a psychological intervention progress report of Ms Ballantyne dated 15 March 2022. I also received oral evidence from Dr Wynn Owen.
[14] Exhibit 1, Book of Materials.
I will now consider the evidence received.

Report of Dr Wynn Owen

Dr Wynn Owen produced his report and gave oral evidence at the hearing. Dr Wynn Owen observed that Mr James-Ind attended consultations and was compliant with the process.
Dr Wynn Owen stated that Mr James-Ind remains a high risk of committing a serious offence if not subject to a restriction order. This opinion was based predominantly on his historical patters of behaviour, a Static-99R score that indicates a 36% likelihood of a new sexual offence within 5 years of release and the presence of sexual deviance.[15]
[15] Report of Dr Wynn Owen dated 18 August 2022 [119].
Dr Wynn Owen diagnosed Mr James-Ind with paraphilia and sexual sadism disorder.[16] Dr Wynn Owen is of the opinion that the disorder is likely to be longstanding and current and not in remission. In making that diagnosis, Dr Wynn Owen was mindful of Mr James-Ind's pattern of offending behaviour and his internet searches of sites with titles such as 'snuff porn', 'rough lover forced', 'snuff movies', 'molested blonde', 'forced movies', 'neck snap snuff', 'torture to death' and 'xxx hardcore snuff'.[17]
[16] Report of Dr Wynn Owen dated 18 August 2022 [71] - [74].
[17] Report of Dr Wynn Owen dated 18 August 2022 [92].
Dr Wynn Owen identified ongoing dynamic risks as including sexual deviance, possible sexual preoccupation, poor self-management, problems with stress and coping, problems resulting from childhood abuse and ongoing anti-authoritarian attitudes including resentment towards staff tasked with administering orders.[18]
[18] Report of Dr Wynn Owen dated 18 August 2022 [119].
Dr Wynn Owen is of the opinion that Mr James-Ind's risk has not been elevated and that it is no higher than it was when he went into custody. Dr Wynn Owen stated that Mr James-Ind's risk can be adequately managed in the community with suitable amendments to the supervision order and the implementation of proposed supervision strategies.
Dr Wynn Owen stated that Mr James-Ind's outstanding treatment needs could be met in the short term either in the prison or in the community. Dr Wynn Owen recommended that there should be a recommencement of psychological counselling. Further, additional supervision order conditions should be imposed to address internet usage with a prohibition on searching for materials depicting violent and sexual acts and for approval by a CCO of internet usage activities and diary conditions for recording places visited.[19] Dr Wynn Owen expressed the opinion that Mr James-Ind's demonstrated capacity to lie undermines the ability of supervising staff to take him at his word and therefore, will require specific management strategies and reliance on increased external constraint to address risk.
[19] Report of Dr Wynn Owen dated 18 August 2022 [124].
Dr Wynn Owen stated that consideration should be given to anti-libidinal therapy if Mr James-Ind recommenced psychological criminogenic intervention. However, this matter has not been discussed with Mr James-Ind and his consent would be required.

Psychological report of Ms Ballantyne

Ms Ballantyne has been Mr James-Ind psychologist since 2018. By March 2022, Mr James-Ind had attended 50 individual intervention sessions. Ms Ballantyne stated that Mr James-Ind had made gains in a number of areas including early adjustment to release from custody with conditions of supervision, capacity for relationship stability, sexual self-regulation and general self-regulation.

Adult Community Corrections report

The Adult Community Corrections report prepared for the application outlined proposed additional supervision conditions should Mr James‑Ind be released on an amended supervision order.[20] The proposed further conditions include a requirement to attend any medical practitioner, psychologist, psychiatrist, or counsellor as directed by the supervising CCO or undergo medication treatment, including anti‑depressant medication or anti-libidinal treatment if Mr James-Ind consents.
[20] Adult Community Corrections Report dated 22 August 2022, 3 - 4.
A further proposed condition is that Mr James-Ind not access, store, be in possession of, or search for pornographic materials depicting sexual violence, including online pornographic materials. Not to conduct any search by a computer or other electronic means using a search term that incorporates the word/s: 'neck-snap', 'force', 'forced', 'rape', 'snuff', 'rough', 'brutal', 'stalker', 'captured', 'gore', 'molested', 'malice', 'necro' and 'revenge', or any other words as directed by a CCO.
A further recommendation was the Mr James-Ind advise a CCO or Police Officer of every computer, telecommunication and/or electronic device capable of storing digital data or information, in his possession, custody or control, or used by him, whether or not it is capable of being connected to the internet, and the location of that device.
Further, upon request, permit a CCO or WA 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 his computer, telecommunication and/or electronic device related activities, and provide to the CCO or WA Police upon request any passwords or any other means used to unlock or access the device. This includes providing all screen name(s), user name(s), and email addresses. 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.

Assessment of application

Mr James-Ind has been convicted of the two contravention offences. I am therefore, for the purposes of s 55(1) of the HRSO Act, satisfied on the balance of probabilities that Mr James-Ind has contravened conditions of the supervision order, specifically condition 40.
Given that I have found that Mr James-Ind has contravened conditions of the supervision order, the question that remains for my determination is whether the supervision order should be rescinded and a continuing detention order made in relation to Mr James-Ind, or whether he should be permitted to remain on the supervision order either on the same terms or in amended terms. In determining this question, the paramount consideration is the need to ensure the adequate protection of the community. Moreover, I can only make an order permitting Mr James-Ind to remain on the supervision order or an amended supervision order if I am satisfied on the balance of probabilities that he will substantially comply with the standard conditions of the order.[21]
[21] HRSO Act s 29(1), s 29(2).
The State submitted that in light of the evidence, Mr James-Ind may be released into the community subject to an amended supervision order. The proposed amendments to the supervision order are in accordance with the recommendations of the CCO and Dr Wynn Owen. Counsel for Mr James-Ind stated that Mr James-Ind was willing to comply with all proposed amended conditions but submitted that some of the proposed amendments to the supervision order were not necessary.
The State proposed conditions 34 to 37 inclusive that address Mr James-Ind's attendance on medical practitioners to undergo medication treatment including anti-depressant or anti-libidinal treatment but only if he consents. The proposed conditions permit the respective medical practitioner to disclose details of the treatment to the Department of Justice and further requires Mr James-Ind to advise the CCO if he ceases the use of the anti-libidinal and or anti-depressant medication contrary to medical advice.
Counsel for Mr James-Ind submitted that there was no medical reason for anti-libidinal medication and in any event, he will not consent. Dr Wynn Owen expressed the opinion that there should be consideration of anti-libidinal therapy if Mr James-Ind recommenced psychological criminogenic intervention. The State submitted that the advice from Dr Wynn Owen and from Departmental officers was that the proposed conditions concerning anti-libidinal medication were required to engage medical practitioners in the event that anti-libidinal medication was required and Mr James-Ind did consent. Dr Wynn Owen gave evidence that the conditions permit Mr James-Ind to 'keep[s] an open mind to discussing' possible treatment with medical practitioners.[22] I am satisfied that the proposed conditions 34 to 37 inclusive should form part of the supervision order.
[22] ts 308 (12/10/2022).

The State further proposed conditions 49 to 52 which address internet and social media use. Counsel for Mr James-Ind submitted that proposed condition 51, which particularises search terms was not necessary. Dr Wynn Owen expressed the opinion that it is worthwhile making it clear with particularisation the type of internet sites that are prohibited.[23] I am satisfied that proposed condition 51, that particularise specific search terms, should be included.
[23] ts 303 (12/10/2022).
A further submission from counsel for Mr James-Ind addressed proposed condition 47 that requires him to report to his CCO the formation of any social association (of more than 1 contact by any means), domestic, romantic, sexual or otherwise intimate relationship by him with any female. Counsel submitted that the words 'social association (of more than 1 contact by any means)' should be deleted and the word 'friendship' should be inserted. Counsel noted that the supervision order currently uses the word friendship. I am satisfied that the words 'social association (of more than 1 contact by any means)' should not form part of condition 47. The wording is extraordinarily broad and unnecessary.
I am satisfied on the balance of probabilities that if Mr James-Ind is released into the community on an amended supervision order he will substantially comply with the standard conditions specified in s 30 of the HRSO Act. Further, I am satisfied that an amended supervision order will ensure the adequate protection of the community.
In making that determination, I am mindful that the supervision order will be amended to provide significant further safeguards to ensure the adequate protection of the community. I am also mindful that Mr James-Ind was convicted only of the two offences of permitting the two females to live in a caravan on his property. Dr Wynn Owen has expressed the opinion that Mr James-Ind's risk is not elevated and that it is no higher than it was when he initially went into custody. Moreover, Dr Wynn Owen stated that the risk can be adequately managed in the community with appropriate amendments to the supervision order.

Conclusion

Therefore, Mr James-Ind will be released subject to an amended supervision order, incorporating the conditions proposed by the State. The amended supervision order is attached as Annexure A to these reasons for decision.
The period for which Mr James-Ind is to be subject to an amended supervision order is 5 years commencing on 4 June 2019. The period of the supervision order, though, is extended by the custody period served by Mr James-Ind for his convictions, namely 6 months 1 day, by operation of s 57(2) of the HRSO Act. I make an order suppressing Mr James-Ind's proposed residential address.

ANNEXURE ONE

SUPERVISION ORDER MADE BY THE HON JUSTICE MCGRATH ON 13 MAY 2019

AMENDED BY THE HON JUSTICE MCGRATH ON
17 OCTOBER 2022

The Court, having found pursuant to section 53(1) of the High Risk Serious Offenders Act 2020 (WA) (HRSO Act) that the Respondent contravened a condition of the supervision order made by the Hon Justice McGrath on 13 May 2019 pursuant to s 17(1)(b) of the Dangerous Sexual Offenders Act 2006 (WA) orders that the supervision order be amended pursuant to s 55(1)(b) of the HRSO Act and that the amended supervision order be for a period of 5 years from 4 June 2019.

You, ROBERT ALAN JAMES-IND, must:

STANDARD CONDITIONS REQUIRED BY THE ACT

Report to a Community Corrections Officer (CCO) at the East Perth Adult Community Corrections Centre, 30 Moore Street, East Perth WA 6000 within 48 hours of the order being issued 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.
Be subject to electronic monitoring under section 31.

ADDITIONAL CONDITIONS

Residence

Take up residence at [address 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.

Reporting to a CCO and supervision by a CCO

Report to a CCO at your approved address within normal business hours on the day of release from custody under this order.
Report to and receive visits from a CCO at times and at places as directed by the CCO, and comply with the lawful orders and directions of a CCO.
Not commence or change employment, volunteer work, education or training without the prior approval of the CCO.

Attendance at programs or treatment

Consult and engage with any ~~psychiatrist~~, medical practitioner, 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

Report to the Officer-in-Charge of the High Risk Serious Offender team at the Hatch Building, 144 Stilring Street, Perth WA 6000 within 48 hours of your release from custody, and thereafter report to and receive visits from Police at times and at locations as directed by the Officer-in-Charge of the High Risk Serious Offender team or his/her delegate.
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 material that the Police Officer believes to contravene the conditions of the order.
Remain at your residence and/or vehicle when Police Officers conduct a search of your residence and/or vehicle under the provisions of this order.
Advise a CCO or Police Officer of every computer, telecommunication and/or electronic device capable of storing digital data or information, in your possession, custody or control, or used by you, whether or not it is capable of being connected to the internet, and the location of that device;
Upon request, permit a CCO or WA 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 WA Police upon request any passwords or any other means used to unlock or access the device; this includes providing all screen name(s), user name(s), and email addresses;
Upon request, advise Police of the names of all of your internet service providers, all mobile or landline telephone services used by you. ~~and all internet user names or identities used by you.~~
Upon request, permit a CCO or WA Police to access any computer or electronic storage device, at any location nominated by the CCO or WA Police, for the purpose of ascertaining your computer activities.
Not provide passwords used to access any device referred to in condition 18 or any online accounts to any person other than a CCO or Police Officer and not allow any person other than a CCO or Police Officer to access any device referred to in condition 19.
With respect to any computer or telephone in your possession that is connected to the internet or has been used by you to access the internet, not delete or otherwise remove or disguise any search histories or logs capable of identifying your activities on that computer, without the approval in advance of a CCO or Police Officer.

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, WA 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.

Criminal conduct

Not commit any other criminal offence where the maximum penalty for which includes imprisonment, and which involves either sexual offences, violence, threats of violence, or the possession of weapons or offensive instruments.
Not commit an offence under s 202, s 203, s 204, s 204A, s 204B, s 217, s 218, s 219, s 220 or s 557K of the Criminal Code1913 (WA) or s17(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.

Curfew

Be subject to a curfew, pursuant to section 32 of the High Risk Serious Offenders Act 2020, 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 curtilage 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

To engage with mental health services for and to obey the instructions of the treating psychiatrist with regard to treatment and medication.
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 the Department of Justice.
Attend any medical practitioner, psychologist, psychiatrist, or counsellor as directed by the supervising CCO or 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, only if you consent to do so;
Should you consent to the above medication treatment, 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 the Department of Justice;
Should you consent to the above medication treatment, permit any medical practitioner or medical practitioners to advise the CCO immediately if they become aware or suspect that you have, or intend to cease undergoing pharmaceutical anti-libidinal and or anti-depressant medication contrary to the advice of the medical practitioner or medical practitioners, or you have apparently ceased to consult with that medical practitioner or medical practitioners on such treatment;
Should you consent to the above medication treatment, comply with all testing to monitor your compliance with medical treatment and hormonal anti-libidinal treatment as directed by a CCO;

Prevention of high-risk situations

Provide a verbal or written account of your projected movements to your CCO and obtain approval of the projected movements, as and when directed by your CCO, with the exception of the following circumstances:
a.to obtain urgent medical or dental treatment for yourself;
b.for the purpose of averting or minimising a serious risk of death or injury to the respondent or another person;
c.to obey an order issued under a written law (such as a summons) requiring the your presence elsewhere; or
d.at the direction of a CCO or Police Officer.
Maintain a daily diary of your movements, activities and associations as directed by the CCO, and present this diary to the CCO or any Police Officer upon request.
Not allow any female to enter or ride in or on any vehicle under your control unless the identity of such person is approved in advance by the CCO.
With the exception of public transport, not enter in or on any vehicle where a female is present, unless the identity of such person is approved in advance by a CCO.
Not enter any residential address in which a female resides or is known to reside, unless authorised in advance by a CCO.
Not permit any female to enter any residential address in which you reside unless the identity of such person is approved in advance by a CCO.
Report any unsolicited interaction with females at your residential address to the CCO and the Serious Offender Management Squad at your next scheduled appointment.
Not associate with any person known by you to have committed a sexual offence unless such association is authorised in advance by the CCO.
Not enter the premises of, or access the services of, escort agencies or sex workers, unless pre-approved by your CCO.
Report at your next contact with your CCO the formation of any friendship, domestic, romantic, sexual or otherwise intimate relationship by you with any female.
As directed by a CCO, make full disclosure regarding your past offending and the current order to anyone with whom you commence a friendship, domestic, romantic, sexual or otherwise intimate relationship, which disclosure can be confirmed by a CCO or a Police Officer.
Not to access the internet for, nor collect, be in possession of or search for pornographic materials depicting sexual violence, including online pornographic materials. 'Pornographic materials' in this condition means printed or visual or any medium of material that contains the explicit description or display of sexual organs or activity;
Not to access, store, be in possession of, or search for pornographic materials depicting sexual violence, including online pornographic materials. 'Pornographic materials' in this condition means printed or visual or any medium of material that contains the explicit description or display of sexual organs or activity;
Not to conduct any search by a computer or other electronic means using a search term that incorporates the word/s 'neck-snap', 'force', 'forced', 'rape', 'snuff', 'rough', 'brutal', 'stalker', 'captured', 'gore', 'molested', 'malice', 'necro' and 'revenge', or any other words as directed by Community Corrections Officer; and
Not to access online social media (websites or applications) unless approved in advance by a CCO. Due to progressive development of social media, you are to enquire with your CCO if a website or application is considered social media and this will be defined for you, therefore you will not inadvertently contravene this condition if you are enquiring with your CCO and access the public component of any website or application; you must however not progress to gain a login (temporary or otherwise) unless you have explicit appro

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.
CH
Associate to the Judge
17 OCTOBER 2022