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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
High Risk Offenders Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Term used: community 5
5. Term used: serious offence 5
6. Term used: committing a serious offence 6
7. Term used: high risk offender 6
8. Objects of this Act 8
9. Act binds Crown 8
10. Application of Bail Act 1982 8
11. Proceedings under this Act 8
12. Courts and Tribunals (Electronic Processes
Facilitation) Act 2013 Part 2 applies 10
13. Application of Freedom of Information Act 1992
limited 10
Part 2 -- High Risk (Sexual and
Violent) Offenders Board
Division 1 -- Establishment and functions
14. Board established 11
15. Functions of Board 11
Division 2 -- Membership and meetings
16. Terms used 12
17. Membership of Board 12
18. Community members of Board 13
19. Term of office 14
20. Resignation 15
21. Terminating and cancelling appointments 15
137--1 page i
High Risk Offenders Bill 2019
Contents
22. Meetings of Board 16
23. Protection of information 17
Part 3 -- Cooperation and sharing of
information between supporting
agencies
24. Cooperation between supporting agencies 18
25. Disclosure of information between supporting
agencies 18
Part 4 -- Restriction of offenders
Division 1 -- Restriction orders
26. Continuing detention order 20
27. Supervision order 20
28. Court to give reasons for making restriction order 20
29. Limitation on power to make or amend supervision
order 20
30. Conditions of supervision order 21
31. Electronic monitoring 22
32. Curfew 23
33. Enforcement of electronic monitoring and curfew
requirement 25
Division 2 -- Applying for a restriction order
34. Terms used 26
35. Application for restriction order in relation to
serious offender under custodial sentence 27
36. Application for restriction order in relation to
offender subject to supervision order 28
37. Provisions relating to restriction order applications 28
38. Application where offender discharged from
sentence or supervision order 29
39. State's duty of disclosure 29
40. Provision of evidentiary material to applying
agency 31
41. Offender's duty of disclosure 32
42. Orders as to disclosure requirements 33
43. Fixing day for preliminary hearing 34
44. Offender may file affidavits in response 34
45. Contents of affidavit 34
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High Risk Offenders Bill 2019
Contents
46. Preliminary hearing 34
47. Discontinuing restriction order application 35
Division 3 -- Making a restriction order
48. Restriction orders 36
Division 4 -- Amending a supervision order
49. Application to amend conditions of supervision
order 36
50. Amendment of conditions of supervision order 37
Division 5 -- Contravening a supervision order
51. Warrant because of contravention 37
52. Order permitting publication of offender's
photograph 38
53. State may seek orders 39
54. Reports 39
55. Court to make orders in certain cases 39
56. Orders made during contravention proceedings 40
Division 6 -- Supervision order extended due to
imprisonment
57. Extension of supervision order 42
Division 7 -- Interim supervision orders
58. Interim supervision order 42
Division 8 -- Victim submissions
59. Terms used 43
60. Making victim submissions 43
61. Availability of victim submissions 44
62. Court may have regard to victim submissions 44
Part 5 -- Review of detention
63. Purpose of this Part 45
64. Review -- periodic 45
65. Review -- application by offender subject to order 45
66. Dealing with application 46
67. Reports 46
68. Review of detention under continuing detention
order 46
page iii
High Risk Offenders Bill 2019
Contents
Part 6 -- Appeals
69. Appeals 48
70. Appeal does not stay decision 48
71. Dealing with appeal 48
Part 7 -- Reports
72. Terms used 50
73. Authority to examine 50
74. Preparation of report by qualified expert 50
75. Preparation of other report 51
76. CEO to provide information 51
77. CEO may seek information 52
78. Copies of report to State and subject 53
Part 8 -- General
79. Mentally unfit offender 54
80. Offence of contravening supervision order 54
81. Procedure on some charges of offences under s. 80 55
82. Proceedings to be criminal proceedings 56
83. Deciding certain matters on the papers 57
84. Evidence in certain hearings 58
85. Court may give directions 59
86. Appearance at hearings 59
87. Warrant of commitment upon order for detention 59
88. Protection from personal liability 59
89. Approved forms 60
90. Regulations 60
Part 9 -- Consequential amendments
to other Acts
Division 1 -- Community Protection (Offender
Reporting) Act 2004 amended
91. Act amended 61
92. Section 85A amended 61
93. Section 85G amended 62
94. Section 85H amended 63
95. Section 85I amended 63
page iv
High Risk Offenders Bill 2019
Contents
Division 2 -- Criminal Procedure Act 2004
amended
96. Act amended 63
97. Section 51 amended 63
98. Section 80 amended 64
Division 3 -- Freedom of Information Act 1992
amended
99. Act amended 64
100. Schedule 2 amended 64
101. The Glossary amended 64
Division 4 -- Sentence Administration Act 2003
amended
102. Act amended 65
103. Section 50 amended 65
104. Section 74A amended 65
105. Section 74B amended 66
106. Section 74D amended 66
107. Section 74E amended 67
108. Section 74G amended 67
109. Section 74J amended 67
110. Section 74K replaced 68
74K. Subsequent PSSO after cancellation for
committing offence 68
111. Section 74L replaced 69
74L. Offence for breach of PSSO 69
112. Section 103 amended 69
113. Section 119 amended 70
114. Schedule 4 deleted 70
Division 5 -- Other Acts amended
115. Bail Act 1982 amended 70
116. Director of Public Prosecutions Act 1991 amended 71
15A. Proceedings under High Risk Offenders
Act 2019 71
117. Prisons Act 1981 amended 72
118. Sentencing Act 1995 amended 72
119. Various references to Dangerous Sexual Offenders
Act 2006 replaced 73
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High Risk Offenders Bill 2019
Contents
Part 10 -- Repeal and transitional
provisions
120. Terms used 75
121. Act repealed 75
122. Completion of things commenced 75
123. Continuing effect of things done 76
Schedule 1 -- Serious offences
Division 1 -- Offences that are serious offences
in all circumstances
Subdivision 1 -- Offence under the Bush Fires
Act 1954
Subdivision 2 -- Offence under the Children and
Community Services Act 2004
Subdivision 3 -- Offences under The Criminal Code
Subdivision 4 -- Offences under the Prostitution
Act 2000
Subdivision 5 -- Offence under the Road Traffic
Act 1974
Division 2 -- Offences that are serious offences
if committed in specified circumstances
Subdivision 1 -- Offence under The Criminal Code
Subdivision 2 -- Offence under the Prostitution
Act 2000
Defined terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
High Risk Offenders Bill 2019
A Bill for
An Act to provide for the detention in custody or the supervision of
persons of a particular class, to repeal the Dangerous Sexual
Offenders Act 2006 and to make consequential and other
amendments to various Acts.
The Parliament of Western Australia enacts as follows:
page 1
High Risk Offenders Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the High Risk Offenders Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act, unless the contrary intention appears --
12 Board means the High Risk (Sexual and Violent) Offenders
13 Board established by section 14;
14 CEO means the chief executive officer of the Department;
15 committing, in relation to a serious offence, has a meaning
16 affected by section 6;
17 community has a meaning affected by section 4;
18 community corrections officer has the meaning given in the
19 Sentence Administration Act 2003 section 4(2);
20 continuing detention order has the meaning given in
21 section 26(1);
22 criminal record, in relation to a person, means the criminal
23 record of that person kept by the Commissioner of Police;
24 Department means the department of the Public Service
25 principally assisting in the administration of this Act;
26 high risk offender has the meaning given in section 7;
27 interim supervision order means an order under section 58;
28 offender means --
29 (a) a serious offender under custodial sentence; or
page 2
High Risk Offenders Bill 2019
Preliminary Part 1
s. 3
1 (b) a serious offender under restriction;
2 preliminary hearing means a preliminary hearing referred to in
3 section 46;
4 psychiatrist has the meaning given in the Mental Health
5 Act 2014 section 4;
6 public sector body has the meaning given in the Public Sector
7 Management Act 1994 section 3(1);
8 qualified expert means --
9 (a) a psychiatrist; or
10 (b) a qualified psychologist;
11 qualified psychologist means a psychologist (as defined in the
12 Mental Health Act 2014 section 4) who holds a master's degree
13 or higher in psychology;
14 relevant agency means any of the following --
15 (a) the Department;
16 (b) the department of the Public Service principally
17 assisting in the administration of the Health Services
18 Act 2016;
19 (c) the department of the Public Service principally
20 assisting in the administration of the Housing Act 1980;
21 (d) the department designated as the Police Service;
22 (e) the Police Force of Western Australia provided for by
23 the Police Act 1892;
24 (f) any other public sector body designated by the
25 regulations as a relevant agency;
26 restriction order means --
27 (a) a continuing detention order; or
28 (b) a supervision order;
29 restriction order application means an application under
30 section 35(1) or 36(1);
31 serious offence has the meaning given in section 5;
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High Risk Offenders Bill 2019
Part 1 Preliminary
s. 3
1 serious offender functions means functions that are concerned
2 with the assessment or management of serious offenders under
3 custodial sentence or serious offenders under restriction;
4 serious offender under custodial sentence means a person --
5 (a) who is under a custodial sentence for a serious offence;
6 or
7 (b) who --
8 (i) is under a custodial sentence for an offence or
9 offences other than a serious offence; and
10 (ii) has been under that sentence at all times since
11 being discharged from a custodial sentence for a
12 serious offence;
13 serious offender under restriction means a person who is
14 subject to a restriction order or an interim supervision order;
15 standard condition, in relation to a supervision order, means a
16 condition that under section 30(2) must be included in the order;
17 supervision order has the meaning given in section 27(1);
18 supporting agency means any of the following --
19 (a) a relevant agency;
20 (b) the department of the public service principally assisting
21 in the administration of the Prisons Act 1981;
22 (c) the Office of the Director of Public Prosecutions;
23 (d) the Prisoners Review Board established by the Sentence
24 Administration Act 2003 section 102;
25 (e) the Supervised Release Review Board established by the
26 Young Offenders Act 1994 section 151;
27 (f) any other public sector body designated by the
28 regulations as a supporting agency;
29 under a custodial sentence means subject to any of the
30 following sentences, the term of which has not lapsed --
31 (a) a sentence of imprisonment imposed by a court of
32 Western Australia (including an indefinite sentence
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High Risk Offenders Bill 2019
Preliminary Part 1
s. 4
1 imposed under the Sentencing Act 1995 section 98(1)) or
2 an indeterminate sentence imposed under The Criminal
3 Code section 661 or 662;
4 (b) a sentence of imprisonment imposed under a law of the
5 Commonwealth;
6 (c) a sentence of imprisonment that under the Prisoners
7 (Interstate Transfer) Act 1983 section 25(1) is deemed
8 to have been imposed by a court of Western Australia;
9 (d) a sentence of detention under the Young Offenders
10 Act 1994 for an offence committed after the young
11 offender had reached 16 years of age;
12 victim means a person upon whom a serious offence has been
13 committed by a person who is or has been an offender;
14 victim submission means a submission made under
15 section 60(1) or (2).
16 4. Term used: community
17 A reference in this Act to the community includes any
18 community and is not limited to the community of Western
19 Australia or Australia.
20 5. Term used: serious offence
21 (1) An offence is a serious offence if --
22 (a) it is specified in Schedule 1 Division 1; or
23 (b) it is specified in Schedule 1 Division 2, and is
24 committed in the circumstances indicated in relation to
25 that offence in that Division.
26 (2) An offence is a serious offence if --
27 (a) it was an offence under a written law that has been
28 repealed; and
29 (b) the offender's acts or omissions that constituted the
30 offence under the repealed provision would constitute a
31 serious offence under subsection (1).
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High Risk Offenders Bill 2019
Part 1 Preliminary
s. 6
1 (3) An offence is a serious offence if it is an offence of conspiracy,
2 attempt or incitement to commit an offence that is a serious
3 offence under subsection (1) or (2).
4 (4) An offence against the law of the Commonwealth or of any
5 place outside Western Australia is a serious offence if the
6 offender's acts or omissions that constituted the offence under
7 that law would have constituted a serious offence under
8 subsection (1), (2) or (3) if they had occurred in Western
9 Australia.
10 (5) An offence against the law of the Commonwealth is a serious
11 offence if --
12 (a) the offence is of a sexual or violent nature; and
13 (b) the penalty for the offence specified by the law of the
14 Commonwealth is or includes imprisonment for 7 years
15 or more; and
16 (c) the offence is prescribed to be a serious offence.
17 (6) An offence is a serious offence if the court sentencing the
18 offender has declared it to be a serious offence under the
19 Sentencing Act 1995 section 97A.
20 6. Term used: committing a serious offence
21 A reference in this Act to a person committing a serious offence
22 includes a reference to the person doing acts or making
23 omissions that constitute a serious offence, regardless of
24 whether the person --
25 (a) would be likely to be charged with an offence; or
26 (b) would, if charged with an offence, be found mentally fit
27 to stand trial; or
28 (c) would, if tried for an offence, be convicted.
29 7. Term used: high risk offender
30 (1) An offender is a high risk offender if the court dealing with an
31 application under this Act finds that it is satisfied, by acceptable
page 6
High Risk Offenders Bill 2019
Preliminary Part 1
s. 7
1 and cogent evidence and to a high degree of probability, that it
2 is necessary to make a restriction order in relation to the
3 offender to ensure adequate protection of the community against
4 an unacceptable risk that the offender will commit a serious
5 offence.
6 (2) The State has the onus of satisfying the court as required by
7 subsection (1).
8 (3) In considering whether it is satisfied as required by
9 subsection (1), the court must have regard to the following --
10 (a) any report prepared under section 74 for the hearing of
11 the application and the extent to which the offender
12 cooperated in the examination required by that section;
13 (b) any other medical, psychiatric, psychological, or other
14 assessment relating to the offender;
15 (c) information indicating whether or not the offender has a
16 propensity to commit serious offences in the future;
17 (d) whether or not there is any pattern of offending
18 behaviour by the offender;
19 (e) any efforts by the offender to address the cause or
20 causes of the offender's offending behaviour, including
21 whether the offender has participated in any
22 rehabilitation programme;
23 (f) whether or not the offender's participation in any
24 rehabilitation programme has had a positive effect on
25 the offender;
26 (g) the offender's antecedents and criminal record;
27 (h) the risk that, if the offender were not subject to a
28 restriction order, the offender would commit a serious
29 offence;
30 (i) the need to protect members of the community from that
31 risk;
32 (j) any other relevant matter.
page 7
High Risk Offenders Bill 2019
Part 1 Preliminary
s. 8
1 (4) In considering whether it is satisfied as required by
2 subsection (1), the court must disregard the possibility that the
3 offender might temporarily be prevented from committing a
4 serious offence by --
5 (a) imprisonment; or
6 (b) remand in custody; or
7 (c) the imposition of bail conditions.
8 8. Objects of this Act
9 The objects of this Act are --
10 (a) to provide for the detention in custody or the supervision
11 of persons of a particular class to ensure adequate
12 protection of the community and of victims of serious
13 offences; and
14 (b) to provide for continuing control, care or treatment of
15 persons of a particular class.
16 9. Act binds Crown
17 This Act binds the Crown in right of Western Australia and, so
18 far as the legislative power of the Parliament permits, the Crown
19 in all its other capacities.
20 10. Application of Bail Act 1982
21 The Bail Act 1982 does not apply to a person detained under
22 this Act other than a person who --
23 (a) is charged with, and is in custody in relation to, an
24 offence under section 33 or 80; and
25 (b) is not detained under this Act for some other reason.
26 11. Proceedings under this Act
27 (1) The Attorney General may make applications under this Act,
28 and take other proceedings for which this Act provides, in the
29 name of the State.
page 8
High Risk Offenders Bill 2019
Preliminary Part 1
s. 11
1 (2) The Attorney General may authorise the Director of Public
2 Prosecutions to make applications under this Act, and take other
3 proceedings for which this Act provides, in the name of the
4 State.
5 (3) The Attorney General may authorise the State Solicitor to make
6 applications under this Act, and take other proceedings for
7 which this Act provides, in the name of the State.
8 (4) If the State Solicitor is authorised under subsection (3) to make
9 an application or take other proceedings --
10 (a) the State Solicitor may appear in person or be
11 represented by a legal practitioner in the application or
12 proceedings; and
13 (b) the Director of Public Prosecutions Act 1991 Part 4
14 applies to the State Solicitor in relation to the
15 application or proceedings as though references in that
16 Part --
17 (i) to the Director of Public Prosecutions were
18 references to the State Solicitor; and
19 (ii) to the annual report of the Director of Public
20 Prosecutions were references to the annual report
21 of a public sector body of which the State
22 Solicitor is an officer or employee.
23 (5) A defect or error in an authorisation by the Attorney General
24 under subsection (2) or (3) does not affect the validity of --
25 (a) an application made or other proceedings taken in
26 reliance on the authorisation; or
27 (b) an order, finding or other decision made in the
28 application or proceedings.
29 (6) The CEO may make applications under section 49(1)(b)
30 and 77(2).
31 (7) A police officer may make applications under section 51(1)
32 and 81(4)(a).
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High Risk Offenders Bill 2019
Part 1 Preliminary
s. 12
1 (8) A community corrections officer may make applications under
2 section 51(1).
3 12. Courts and Tribunals (Electronic Processes Facilitation)
4 Act 2013 Part 2 applies
5 The Courts and Tribunals (Electronic Processes Facilitation)
6 Act 2013 Part 2 applies to this Act.
7 13. Application of Freedom of Information Act 1992 limited
8 Access is not to be given under the Freedom of Information
9 Act 1992 Parts 2 and 4 to documents brought into existence,
10 prepared, developed, made, received or obtained under or for
11 the purposes of --
12 (a) this Act; or
13 (b) any application or other proceedings under this Act.
page 10
High Risk Offenders Bill 2019
High Risk (Sexual and Violent) Offenders Board Part 2
Establishment and functions Division 1
s. 14
1 Part 2 -- High Risk (Sexual and Violent) Offenders
2 Board
3 Division 1 -- Establishment and functions
4 14. Board established
5 A board called the High Risk (Sexual and Violent) Offenders
6 Board is established.
7 15. Functions of Board
8 (1) The functions of the Board are the following --
9 (a) to develop and promote the development of knowledge,
10 understanding, skills and expertise in all aspects of the
11 assessment and management of offenders;
12 (b) to facilitate cooperation between and the coordination of
13 relevant agencies in the performance of their serious
14 offender functions;
15 (c) to facilitate information-sharing between relevant
16 agencies in relation to the performance of their serious
17 offender functions;
18 (d) to develop best practice standards and guidelines for the
19 performance by relevant agencies of their serious
20 offender functions;
21 (e) to advise relevant agencies in relation to resourcing,
22 service provision and training relevant to the
23 performance of their serious offender functions.
24 (2) The Board may do all things necessary or convenient to be done
25 for, or in connection with, or as incidental to, the performance
26 of its functions.
page 11
High Risk Offenders Bill 2019
Part 2 High Risk (Sexual and Violent) Offenders Board
Division 2 Membership and meetings
s. 16
1 Division 2 -- Membership and meetings
2 16. Terms used
3 In this Division --
4 appointed member means a member who is appointed under
5 section 17(1)(a)(ii) or (b);
6 chief employee has the meaning given in the Public Sector
7 Management Act 1994 section 3(1);
8 chief executive officer has the meaning given in the Public
9 Sector Management Act 1994 section 3(1);
10 Chief Psychiatrist has the meaning given in the Mental Health
11 Act 2014 section 4;
12 community member means a member appointed under
13 section 18(1);
14 member means a member of the Board;
15 official member means a member who is the chief executive
16 officer or chief employee of a relevant agency, or who is the
17 Chief Psychiatrist.
18 17. Membership of Board
19 (1) The Board is to consist of --
20 (a) for each relevant agency --
21 (i) the chief executive officer or chief employee; or
22 (ii) a member of staff of the relevant agency,
23 appointed by the chief executive officer or chief
24 employee;
25 and
26 (b) the Chief Psychiatrist, or a member of the staff assisting
27 the Chief Psychiatrist, appointed by the Chief
28 Psychiatrist; and
29 (c) any number of community members appointed under
30 section 18(1).
page 12
High Risk Offenders Bill 2019
High Risk (Sexual and Violent) Offenders Board Part 2
Membership and meetings Division 2
s. 18
1 (2) If a public sector body is a relevant agency under more than one
2 paragraph of the definition of that term in section 3 or
3 designation made under paragraph (f) of that definition, the
4 chief executive officer or chief employee may appoint staff
5 members under subsection (1)(a)(ii) in respect of each
6 paragraph or designation under which the public sector body is
7 a relevant agency.
8 (3) The chairperson of the Board is --
9 (a) the chief executive officer of the Department; or
10 (b) the staff member appointed under subsection (1)(a)(ii)
11 by the chief executive officer of the Department.
12 18. Community members of Board
13 (1) The Minister may appoint as a community member of the Board
14 a person whom the Minister considers to have 1 or more of the
15 following attributes --
16 (a) a knowledge and understanding of Aboriginal culture
17 local to this State;
18 (b) a knowledge and understanding of risk assessment and
19 management frameworks that are appropriate for
20 Aboriginal people;
21 (c) a knowledge and understanding of the criminal justice
22 system;
23 (d) a knowledge and understanding of issues that are
24 relevant to the Board's functions, including
25 employment, substance abuse, physical or mental illness
26 or disability, housing, education and training.
27 (2) The office of a community member may be held on a full-time
28 basis, part-time basis or sessional basis.
29 (3) Community members are entitled to the remuneration and
30 allowances set by the Minister from time to time on the
31 recommendation of the Public Sector Commissioner.
page 13
High Risk Offenders Bill 2019
Part 2 High Risk (Sexual and Violent) Offenders Board
Division 2 Membership and meetings
s. 19
1 (4) The Minister may grant leave of absence to a community
2 member on such conditions as the Minister determines.
3 (5) The chairperson of the Board is responsible for directing the
4 education, training and professional development of community
5 members.
6 (6) The Minister must ensure that appropriate provision is made for
7 the education, training and professional development of
8 community members.
9 19. Term of office
10 (1) An official member is a member until --
11 (a) the official member ceases to be the chief executive
12 officer or chief employee of a relevant agency, or to be
13 the Chief Psychiatrist; or
14 (b) the official member appoints an appointed member.
15 (2) An appointed member is a member until --
16 (a) the appointed member ceases to be a member of staff of
17 the relevant agency in respect of which they were
18 appointed or of the Chief Psychiatrist; or
19 (b) the appointed member resigns under section 20(1); or
20 (c) the appointed member's appointment is cancelled under
21 section 21(3).
22 (3) If the appointed member in respect of a relevant agency or in
23 respect of the Chief Psychiatrist ceases to be a member, the
24 chief executive officer or chief employee of the relevant agency,
25 or the Chief Psychiatrist, immediately becomes a member
26 unless and until a further appointment is made under
27 section 17(1)(a)(ii) or (b).
28 (4) A community member is a member until --
29 (a) the expiry of a term of 5 years after the day of
30 appointment (or any shorter term specified in the
31 instrument of appointment); or
page 14
High Risk Offenders Bill 2019
High Risk (Sexual and Violent) Offenders Board Part 2
Membership and meetings Division 2
s. 20
1 (b) the community member resigns under section 20(2); or
2 (c) the community member's appointment is terminated
3 under section 21(2).
4 (5) A community member whose appointment expires under
5 subsection (4)(a) is eligible for reappointment.
6 20. Resignation
7 (1) An appointed member may resign by giving a signed letter of
8 resignation to the chief executive officer, chief employee or
9 Chief Psychiatrist who appointed them.
10 (2) A community member may resign by giving a signed letter of
11 resignation to the Minister.
12 (3) A resignation has effect when the letter of resignation is
13 received by the relevant person or at a later date specified in the
14 letter of resignation.
15 21. Terminating and cancelling appointments
16 (1) For the purposes of this section, grounds to terminate the
17 appointment of a community member exist if the member --
18 (a) has been convicted of an indictable offence or an
19 offence committed under the law of another place that
20 would, if it had been committed in this State, be an
21 indictable offence; or
22 (b) is incapable of performing the functions of a member; or
23 (c) has neglected without a reasonable cause to perform the
24 functions of a member; or
25 (d) has been negligent or careless in performing the
26 functions of a member; or
27 (e) is unfit to be a member due to misconduct.
28 (2) The Minister may terminate the appointment of a community
29 member if grounds to terminate the appointment exist.
page 15
High Risk Offenders Bill 2019
Part 2 High Risk (Sexual and Violent) Offenders Board
Division 2 Membership and meetings
s. 22
1 (3) The chief executive officer or chief employee of a relevant
2 agency or the Chief Psychiatrist may cancel the appointment of
3 an appointed member at any time, and without giving reasons.
4 22. Meetings of Board
5 (1) The chairperson may decide when and where the Board meets.
6 (2) At a meeting of the Board --
7 (a) the chairperson or a deputy nominated by the
8 chairperson is to preside; and
9 (b) a quorum consists of 3 members including --
10 (i) the chairperson or a deputy of the chairperson;
11 and
12 (ii) at least 1 appointed member or official member;
13 and
14 (iii) if any community member is appointed under
15 section 18(1), at least 1 community member;
16 and
17 (c) questions arising are to be determined by a majority of
18 the members present and voting; and
19 (d) if there is a tie in voting, the presiding member has a
20 second vote.
21 (3) The Board may, if it thinks fit, conduct a meeting at which all or
22 some members participate by telephone or other similar means,
23 but any member who speaks on a matter at the meeting must be
24 able to be heard by the other members at the meeting.
25 (4) Subject to this section the chairperson is to determine the
26 procedure for convening and conducting meetings of the Board.
page 16
High Risk Offenders Bill 2019
High Risk (Sexual and Violent) Offenders Board Part 2
Membership and meetings Division 2
s. 23
1 23. Protection of information
2 A member must not, whether directly or indirectly, record,
3 disclose or make use of any information obtained because of
4 being a member, except --
5 (a) for the purposes of and in the due exercise of serious
6 offender functions or functions under this Act; or
7 (b) when ordered by a court or a judge to do so; or
8 (c) in circumstances approved, or of a kind approved, by the
9 Minister.
10 Penalty: a fine of $2 500.
page 17
High Risk Offenders Bill 2019
Part 3 Cooperation and sharing of information between supporting
agencies
s. 24
1 Part 3 -- Cooperation and sharing of information
2 between supporting agencies
3 24. Cooperation between supporting agencies
4 (1) A supporting agency must cooperate with other supporting
5 agencies in the performance of --
6 (a) its own serious offender functions; and
7 (b) the serious offender functions of other supporting
8 agencies.
9 (2) The duty to cooperate includes a duty to provide reasonable
10 assistance and support to other supporting agencies in
11 connection with the exercise of their serious offender functions.
12 (3) Cooperation between supporting agencies in the performance of
13 serious offender functions may include --
14 (a) the development of multi-agency management plans for
15 offenders; and
16 (b) providing assistance and support to offenders through
17 joint programs.
18 25. Disclosure of information between supporting agencies
19 (1) For the purpose of cooperating under section 24, a supporting
20 agency (the first agency) may disclose to another supporting
21 agency (the second agency) information in the possession or
22 control of the first agency if the disclosure is, or could
23 reasonably be expected to be, necessary or conducive to the
24 performance of the serious offender functions of the first agency
25 or the second agency.
26 (2) If a supporting agency discloses information in good faith under
27 subsection (1) --
28 (a) no civil or criminal liability is incurred in respect of the
29 disclosure; and
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Cooperation and sharing of information between supporting Part 3
agencies
s. 25
1 (b) the disclosure is not to be regarded as a breach of any
2 duty of confidentiality or secrecy imposed by law; and
3 (c) the disclosure is not to be regarded as a breach of
4 professional ethics or standards or as unprofessional
5 conduct.
6 (3) In relation to any information disclosed under this section, the
7 second agency and its members and staff are bound by any duty
8 of confidentiality that applies to the first agency.
9 (4) Subsection (3) does not prevent the disclosure of information to
10 the court, or in the proceedings, in the course of a restriction
11 order application or other proceedings under this Act.
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Part 4 Restriction of offenders
Division 1 Restriction orders
s. 26
1 Part 4 -- Restriction of offenders
2 Division 1 -- Restriction orders
3 26. Continuing detention order
4 (1) In this Act a continuing detention order in relation to an
5 offender is an order that the offender be detained in custody for
6 an indefinite term for control, care, or treatment.
7 (2) A continuing detention order has effect in accordance with its
8 terms from the time the order is made until rescinded by a
9 further order of the court.
10 27. Supervision order
11 (1) In this Act a supervision order in relation to an offender is an
12 order that the offender, when not in custody, is to be subject to
13 stated conditions that the court considers appropriate, in
14 accordance with section 30.
15 (2) A supervision order has effect in accordance with its terms --
16 (a) from a date stated in the order; and
17 (b) for a period stated in the order.
18 (3) The date from which a supervision order has effect must not be
19 earlier than 21 days after the date the order is made unless the
20 court is satisfied that the implementation of the order from an
21 earlier date is practically feasible.
22 28. Court to give reasons for making restriction order
23 A court making a restriction order must, when making the order,
24 give detailed reasons for the order.
25 29. Limitation on power to make or amend supervision order
26 (1) A court cannot make, affirm or amend a supervision order in
27 relation to an offender unless it is satisfied, on the balance of
28 probabilities, that the offender will substantially comply with
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Restriction of offenders Part 4
Restriction orders Division 1
s. 30
1 the standard conditions of the order as made, affirmed or
2 amended.
3 (2) The onus of proof as to the matter described in subsection (1) is
4 on the offender.
5 (3) This section does not apply to the making of an interim
6 supervision order.
7 30. Conditions of supervision order
8 (1) In this section --
9 make public means --
10 (a) provide to any representative of the news media for
11 publication or broadcast; or
12 (b) make publicly available by means of the internet.
13 (2) A supervision order in relation to an offender must require that
14 the offender --
15 (a) report to a community corrections officer at the place,
16 and within the time, stated in the order and advise the
17 officer of the offender's current name and address; and
18 (b) report to, and receive visits from, a community
19 corrections officer as directed by the court; and
20 (c) notify a community corrections officer of every change
21 of the offender's name, place of residence or place of
22 employment at least 2 days before the change happens;
23 and
24 (d) be under the supervision of a community corrections
25 officer and comply with any reasonable direction of the
26 officer (including a direction for the purposes of
27 section 31 or 32); and
28 (e) not leave, or stay out of, the State of Western Australia
29 without the permission of a community corrections
30 officer; and
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Part 4 Restriction of offenders
Division 1 Restriction orders
s. 31
1 (f) not commit a serious offence during the period of the
2 order; and
3 (g) be subject to electronic monitoring under section 31.
4 (3) A supervision order in relation to an offender may require the
5 offender not to make public any statement, information or
6 opinion relating directly or indirectly to any victim of a serious
7 offence committed by the offender.
8 (4) When considering whether to impose a requirement under
9 subsection (3) the court must have regard to --
10 (a) the gravity and nature of the offender's offences; and
11 (b) the likely impact on the victims of the offender
12 providing or making available any statement,
13 information or opinion; and
14 (c) the public interest generally.
15 (5) A supervision order may contain any other terms that the court
16 thinks appropriate --
17 (a) to ensure adequate protection of the community; or
18 (b) for the rehabilitation, care or treatment of the offender
19 subject to the order; or
20 (c) to ensure adequate protection of victims of serious
21 offences committed by the offender subject to the order.
22 (6) Without limiting subsection (5), a supervision order may
23 provide that --
24 (a) for the period specified in the order the offender is
25 subject to a curfew under section 32; and
26 (b) the photograph and locality of the offender must not be
27 published under the Community Protection (Offender
28 Reporting) Act 2004 section 85G.
29 31. Electronic monitoring
30 (1) In this section --
31 approved means approved by the CEO.
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Restriction orders Division 1
s. 32
1 (2) The purpose of electronic monitoring of an offender subject to a
2 supervision order is to enable the location of the offender to be
3 monitored.
4 (3) For the purposes of the electronic monitoring of an offender
5 subject to a supervision order, a community corrections officer
6 may do any of the following --
7 (a) direct the offender to wear an approved electronic
8 monitoring device;
9 (b) direct the offender to permit the installation of an
10 approved electronic monitoring device at the place
11 where the offender resides or, if the offender does not
12 have a place of residence, at any other place specified by
13 the community corrections officer;
14 (c) give any other reasonable direction to the offender
15 necessary for the proper administration of the electronic
16 monitoring of the offender.
17 (4) A community corrections officer may suspend the electronic
18 monitoring of an offender subject to a supervision order --
19 (a) while satisfied that it is not practicable to subject the
20 offender to electronic monitoring; or
21 (b) while satisfied that it is not necessary for the offender to
22 be subject to electronic monitoring.
23 32. Curfew
24 (1) In this section --
25 specified means specified by a community corrections officer
26 from time to time.
27 (2) The purpose of a curfew is to allow for the movements of an
28 offender subject to a supervision order to be restricted during
29 periods when there is a risk of the offender committing a serious
30 offence.
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Division 1 Restriction orders
s. 32
1 (3) The curfew is a requirement that the offender must remain at a
2 specified place for specified periods, except as provided in
3 subsection (5).
4 (4) The offender cannot be required by the curfew to remain at the
5 specified place for periods that amount to less than 2 or more
6 than 12 hours in any 1 day.
7 (5) The offender may leave the specified place during a specified
8 period only --
9 (a) to obtain urgent medical or dental treatment for the
10 offender; or
11 (b) for the purpose of averting or minimising a serious risk
12 of death or injury to the offender or to another person; or
13 (c) to obey an order issued under a written law (such as a
14 summons) requiring the offender's presence elsewhere;
15 or
16 (d) for a purpose approved of by a community corrections
17 officer; or
18 (e) at the direction of a community corrections officer.
19 (6) A community corrections officer may give any reasonable
20 direction to the offender necessary for the proper administration
21 of the curfew requirement.
22 (7) Without limiting subsection (6), if the offender is authorised
23 under subsection (5) to leave the specified place, a community
24 corrections officer may give directions as to any of the
25 following --
26 (a) when the offender may leave;
27 (b) the period of the authorised absence;
28 (c) when the offender must return;
29 (d) the route and method of travel to be used by the offender
30 during the absence;
31 (e) the manner in which the offender must report the
32 offender's whereabouts.
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Restriction orders Division 1
s. 33
1 33. Enforcement of electronic monitoring and curfew
2 requirement
3 (1) A community corrections officer may --
4 (a) direct the occupier of a place where an electronic
5 monitoring device has been installed under section 31(3)
6 to give the device to a community corrections officer
7 within a time specified by the officer; and
8 (b) at any time, enter a place where an electronic monitoring
9 device has been installed under section 31(3) and
10 retrieve the device.
11 (2) A person must not --
12 (a) fail to comply with a direction under subsection (1)(a);
13 or
14 (b) hinder a community corrections officer exercising
15 powers under subsection (1)(b).
16 Penalty for this subsection: a fine of $12 000 or imprisonment
17 for 12 months.
18 (3) A person must not, without reasonable excuse, interfere with the
19 operation of an electronic monitoring device required to be
20 worn or installed under section 31(3).
21 Penalty for this subsection: imprisonment for 3 years.
22 (4) If a person is convicted of an offence under subsection (3)
23 committed at a time when the person had reached 18 years of
24 age, then, despite any other written law, the court sentencing the
25 person --
26 (a) must sentence the person to a term of imprisonment of at
27 least 12 months; and
28 (b) must not suspend the term of imprisonment.
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Division 2 Applying for a restriction order
s. 34
1 (5) To ascertain whether or not an offender who is subject to a
2 curfew is complying with the curfew, a community corrections
3 officer may, at any time --
4 (a) enter or telephone a place specified under section 32(3)
5 in relation to the offender; and
6 (b) enter or telephone the offender's place of employment
7 or any other place where the offender is authorised or
8 required to attend; and
9 (c) question any person at any place referred to in
10 paragraph (a) or (b).
11 (6) A person must not --
12 (a) hinder a community corrections officer exercising
13 powers under subsection (5); or
14 (b) fail to answer a question put under subsection (5)(c) or
15 give an answer that the person knows is false or
16 misleading in a material particular.
17 Penalty for this subsection: a fine of $12 000 or imprisonment
18 for 12 months.
19 (7) An act or omission of an offender subject to a supervision order
20 that is a contravention of subsection (2), (3) or (6) --
21 (a) does not constitute an offence under this section; but
22 (b) is, for the purposes of this Act, taken to be a
23 contravention of a requirement of the order (if it is not
24 otherwise).
25 Division 2 -- Applying for a restriction order
26 34. Terms used
27 In this Division --
28 applying agency, in relation to a restriction order application,
29 means --
30 (a) if the application is made by the Attorney General, the
31 Department; and
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Restriction of offenders Part 4
Applying for a restriction order Division 2
s. 35
1 (b) if the application is made by the Director of Public
2 Prosecutions, the Office of the Director of Public
3 Prosecutions; and
4 (c) if the application is made by the State Solicitor, the State
5 Solicitor's Office;
6 evidentiary material, in relation to a restriction order
7 application, means any of the following --
8 (a) a copy of every recorded statement, whether written or
9 oral, by any person who may be able to give evidence
10 that is relevant to the application, irrespective of
11 whether or not it assists the case of the State or of the
12 offender;
13 (b) a copy of every recording of evidence given by a person
14 mentioned in paragraph (a), irrespective of whether or
15 not it assists the case of the State or of the offender;
16 (c) if there is no statement or recording referred to in
17 paragraph (a) or (b), a written summary of the evidence
18 to be given by a person mentioned in paragraph (a);
19 (d) a copy of any document or object to which a statement
20 or recording referred to in paragraph (a) refers;
21 (e) a copy of every other document or object that the State
22 intends to tender in evidence at the hearing of the
23 application;
24 (f) a copy of every other document or object that may assist
25 the offender's case.
26 35. Application for restriction order in relation to serious
27 offender under custodial sentence
28 (1) The State may apply to the Supreme Court for a restriction order
29 in relation to a serious offender under custodial sentence who is
30 not a serious offender under restriction.
31 (2) Subsection (1) applies whether the custodial sentence was
32 imposed before or after the commencement of this section and
33 whether or not the offender is in custody.
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Division 2 Applying for a restriction order
s. 36
1 (3) If the offender is in custody, an application under subsection (1)
2 cannot be made unless there is a possibility that the offender
3 might be released from custody within the period of 1 year after
4 the application is made.
5 (4) An application under subsection (1) need not specify whether
6 the restriction order sought is a continuing detention order or a
7 supervision order.
8 36. Application for restriction order in relation to offender
9 subject to supervision order
10 (1) The State may apply to the Supreme Court for a restriction order
11 in relation to an offender who is subject to a supervision order
12 (the current order) that is to expire within 1 year.
13 (2) An application under subsection (1) must specify whether the
14 restriction order sought is a continuing detention order or a
15 supervision order.
16 (3) A restriction order granted on an application under
17 subsection (1) takes effect on the expiry of the current order.
18 37. Provisions relating to restriction order applications
19 (1) A restriction order application must be accompanied by any
20 affidavits to be relied on by the State for the purpose of seeking
21 an order or orders under section 46.
22 (2) Within 7 days after making a restriction order application, the
23 State must give the offender a copy of the application and any
24 affidavits accompanying it.
25 (3) At the time of, or after, making a restriction order application,
26 the State may apply to the Supreme Court for a summons or
27 warrant if the offender --
28 (a) is not in custody; or
29 (b) may not be in custody at the time of the preliminary
30 hearing.
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Applying for a restriction order Division 2
s. 38
1 (4) If the State applies under subsection (3), the Supreme Court
2 may issue, in the form approved under section 89 --
3 (a) a summons requiring the offender to appear before the
4 Supreme Court for the preliminary hearing; or
5 (b) a warrant directed to all police officers for the offender
6 to be arrested and brought before the Supreme Court for
7 the preliminary hearing.
8 38. Application where offender discharged from sentence or
9 supervision order
10 A restriction order application may proceed and the offender
11 may be dealt with in accordance with this Act even if, while the
12 application is pending --
13 (a) in the case of an application under section 35(1), the
14 offender ceases to be under a custodial sentence; or
15 (b) in the case of an application under section 36(1), the
16 offender ceases to be subject to a supervision order.
17 39. State's duty of disclosure
18 (1) As soon as practicable after the preliminary hearing in relation
19 to a restriction order application, the State must give to the
20 offender --
21 (a) any evidentiary material in the possession of the
22 applying agency that may be relevant to the application;
23 and
24 (b) any other prescribed document that is in the possession
25 of the applying agency.
26 (2) Subsection (3) applies if, after complying with subsection (1)
27 and before the application is finally dealt with, the applying
28 agency receives or obtains any of the following material (new
29 evidentiary material) --
30 (a) additional evidentiary material that may be relevant to
31 the application;
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Part 4 Restriction of offenders
Division 2 Applying for a restriction order
s. 39
1 (b) any statement or recording described in
2 subsection (4)(b);
3 (c) the name or address of a person described in
4 subsection (4)(c).
5 (3) The State must give new evidentiary material to the offender as
6 soon as practicable after receiving or obtaining it.
7 (4) A requirement under this section to give evidentiary material
8 includes a requirement --
9 (a) if it is not practicable to copy a document or object
10 referred to in paragraph (d), (e) or (f) of the definition of
11 evidentiary material in section 34 -- to give a notice
12 that describes the document or object and states where
13 and when it can be inspected; and
14 (b) if a copy of a statement or recording of a person is
15 given -- to give a copy of any statement or recording of
16 the person that contains material that is inconsistent with
17 that statement or recording; and
18 (c) to give --
19 (i) notice of the name and, if known, the address of
20 any person who the applying agency thinks may
21 be able to give evidence that may assist the
22 offender's case but from whom no statement or
23 recording of the kind referred to in paragraph (a)
24 or (b) of the definition of evidentiary material
25 has been obtained; and
26 (ii) a description of the evidence concerned.
27 (5) The operation of this section is subject to --
28 (a) the Evidence Act 1906 sections 19C and 106HB(3); and
29 (b) any other written law that relates to the disclosure of
30 specific information; and
31 (c) the law on privilege; and
32 (d) the law on public interest immunity.
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Applying for a restriction order Division 2
s. 40
1 (6) This section does not affect the operation of the Criminal
2 Investigation Act 2006 section 117.
3 40. Provision of evidentiary material to applying agency
4 (1) The applying agency in relation to a restriction order application
5 may request a supporting agency or any other person, body or
6 agency to provide to the applying agency any evidentiary
7 material, or any document prescribed under section 39(1)(b),
8 that is in its possession.
9 (2) A supporting agency or other person, body or agency must
10 comply with a request under subsection (1).
11 (3) If a supporting agency or other person, body or agency discloses
12 information in good faith under subsection (2) --
13 (a) no civil or criminal liability is incurred in respect of the
14 disclosure; and
15 (b) the disclosure is not to be regarded as a breach of any
16 duty of confidentiality or secrecy imposed by law; and
17 (c) the disclosure is not to be regarded as a breach of
18 professional ethics or standards or as unprofessional
19 conduct.
20 (4) In relation to any information disclosed under this section, the
21 applying agency and its members and staff are bound by any
22 duty of confidentiality that applies to the supporting agency, or
23 other person, body or agency, disclosing the information.
24 (5) Subsection (4) does not prevent the disclosure of information --
25 (a) to the court, or in the proceedings, in the course of the
26 restriction order application; or
27 (b) to the offender under section 39.
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Part 4 Restriction of offenders
Division 2 Applying for a restriction order
s. 41
1 41. Offender's duty of disclosure
2 (1) In this section --
3 expert evidence material relevant to a restriction order
4 application means --
5 (a) a copy of every statement, recording or report obtained
6 by the offender from any person who the offender
7 intends to call to give expert evidence that is relevant to
8 the application; and
9 (b) written notice of the name and, if known, the address, of
10 any person from whom no statement, recording or report
11 has been obtained by the offender but who the offender
12 intends to call to give expert evidence that is relevant to
13 the application; and
14 (c) a written description of the expert evidence referred to in
15 paragraph (b).
16 (2) The offender must, at least 28 days before the day fixed under
17 section 46 for the hearing of a restriction order application,
18 lodge with the court and give to the State a copy of --
19 (a) any expert evidence material relevant to the application;
20 and
21 (b) written notice of any objection by the offender to --
22 (i) any document that the State intends to adduce at
23 the hearing of the application; or
24 (ii) any evidence to be given by a witness that the
25 State intends to call at the hearing of the
26 application;
27 and
28 (c) written notice of the grounds for any objection
29 mentioned in paragraph (b).
30 (3) If, after complying with subsection (2), an offender receives or
31 obtains further expert evidence material relevant to the
32 application, the offender must lodge the further material with
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Applying for a restriction order Division 2
s. 42
1 the court and give a copy of it to the State as soon as
2 practicable.
3 42. Orders as to disclosure requirements
4 (1) In this section --
5 disclosure requirement means a requirement under section 39
6 or 41 to disclose material.
7 (2) The powers in this section may be exercised by the court on its
8 own initiative or on an application by a party to a restriction
9 order application.
10 (3) The court may make an order in respect of a disclosure
11 requirement --
12 (a) that dispenses with all or part of the requirement, if it is
13 satisfied that --
14 (i) there is a good reason to do so; and
15 (ii) no miscarriage of justice will result;
16 or
17 (b) that shortens or extends the time for obeying the
18 requirement; or
19 (c) that amends or cancels an order made previously under
20 this section, whether by the court or some other court; or
21 (d) as to any other matter that the court considers just.
22 (4) An application for an order under this section may be made
23 without notice to the offender and may be dealt with in the
24 absence of the offender.
25 (5) An application for an order under this section that is made
26 without notice to the offender must not be dealt with in open
27 court and the only persons who may be present when it is dealt
28 with are the applicant and any other persons permitted by the
29 court.
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Division 2 Applying for a restriction order
s. 43
1 (6) If an order is made under this section in the absence of the
2 offender, the order must not be given or disclosed to the
3 offender without the permission of the court.
4 43. Fixing day for preliminary hearing
5 (1) After a restriction order application is made, the court must fix a
6 day for the matter to come before the court for a preliminary
7 hearing.
8 (2) Within 7 days after the court has fixed a day for the preliminary
9 hearing or any other period specified by the court, the State
10 must give the offender notice of the day fixed.
11 44. Offender may file affidavits in response
12 (1) The offender may lodge affidavits to be relied on by the
13 offender for the preliminary hearing.
14 (2) The offender must give a copy of the affidavits to the State at
15 least 7 days before the day fixed for the preliminary hearing.
16 45. Contents of affidavit
17 An affidavit for use in a preliminary hearing must be confined
18 to the evidence the person making it could give orally except
19 that it may contain statements based on information and belief if
20 the person making the affidavit states the source of the
21 information and the grounds for the belief.
22 46. Preliminary hearing
23 (1) The main purpose of the preliminary hearing is to decide
24 whether the court is satisfied that there are reasonable grounds
25 for believing that the court might, in accordance with section 7,
26 find that the offender is a high risk offender.
27 (2) If the court is satisfied as described in subsection (1) --
28 (a) the court must order that the offender undergo
29 examination by a psychiatrist and a qualified
30 psychologist for the purpose of preparing reports in
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Applying for a restriction order Division 2
s. 47
1 accordance with section 74 to be used on the hearing of
2 the restriction order application; and
3 (b) the court may, on the application of the State or of the
4 offender, order that a person or body named by the court
5 prepare a report in accordance with section 75 to be used
6 on the hearing of the restriction order application on
7 questions or topics set out in the order; and
8 (c) the court may --
9 (i) if the offender is in custody and might otherwise
10 be released from custody before the restriction
11 order application is finally decided, order that the
12 offender be detained in custody for the period
13 stated in the order; and
14 (ii) if the offender is not in custody, order that the
15 offender be detained in custody for the period
16 stated in the order;
17 and
18 (d) the court must, except as provided in subsection (3), fix
19 a day for the hearing of the restriction order application.
20 (3) The court may defer fixing a day for the hearing of the
21 restriction order application or, if it has already fixed a day,
22 adjourn the hearing if --
23 (a) the offender has been charged with a further offence;
24 and
25 (b) that charge has not been dealt with; and
26 (c) the court considers that the interests of justice require
27 that the restriction order application should not be heard
28 until that charge has been dealt with.
29 47. Discontinuing restriction order application
30 (1) The State may discontinue a restriction order application at any
31 time by lodging a notice of discontinuance with the court and
32 giving it to the offender.
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Division 3 Making a restriction order
s. 48
1 (2) The application is dismissed when the court makes an order in
2 terms of the notice of discontinuance.
3 (3) When an application is dismissed under subsection (2), any
4 order under section 46(2)(c) relating to the offender is
5 discharged.
6 Division 3 -- Making a restriction order
7 48. Restriction orders
8 (1) If the court hearing a restriction order application finds that the
9 offender is a high risk offender, the court must --
10 (a) make a continuing detention order in relation to the
11 offender; or
12 (b) except as provided in section 29, make a supervision
13 order in relation to the offender.
14 (2) In deciding whether to make an order under subsection (1)(a)
15 or (b), the paramount consideration is to be the need to ensure
16 adequate protection of the community.
17 Division 4 -- Amending a supervision order
18 49. Application to amend conditions of supervision order
19 (1) An application to the Supreme Court to amend the conditions of
20 a supervision order may be made --
21 (a) by the offender who is subject to the supervision order;
22 or
23 (b) with the Attorney General's consent, by the CEO.
24 (2) An offender making an application under subsection (1)(a) must
25 give notice of the application to --
26 (a) the Attorney General; and
27 (b) the CEO.
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Contravening a supervision order Division 5
s. 50
1 (3) The CEO must give notice of an application under
2 subsection (1)(b) to the offender who is subject to the order.
3 50. Amendment of conditions of supervision order
4 (1) On an application under section 49 the court may, except as
5 provided in section 29, amend the conditions of a supervision
6 order if the court is satisfied that --
7 (a) the offender who is subject to the order is unable to
8 comply with the conditions of the order because of a
9 change in the offender's circumstances; or
10 (b) the amendment is necessary or desirable for any other
11 reason.
12 (2) Before amending the conditions the court must be satisfied
13 that --
14 (a) it is reasonable to make the amendment in all the
15 circumstances; and
16 (b) the conditions, as amended, will be sufficient to ensure
17 adequate protection of the community.
18 Division 5 -- Contravening a supervision order
19 51. Warrant because of contravention
20 (1) A police officer or community corrections officer who
21 reasonably suspects that an offender who is subject to a
22 supervision order is likely to contravene, is contravening, or has
23 contravened, a condition of the order may apply to a magistrate
24 for --
25 (a) the issue of a warrant under subsection (3); and
26 (b) an order under section 52.
27 (2) A person making an application under subsection (1) must
28 advise the State as soon as practicable that the application has
29 been made.
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Division 5 Contravening a supervision order
s. 52
1 (3) Subject to subsection (5), if the magistrate is satisfied that there
2 are reasonable grounds for the suspicion described in
3 subsection (1), the magistrate must issue, in the form approved
4 under section 89, a warrant directed to all police officers for the
5 offender who is subject to the supervision order to be arrested
6 and brought before the Supreme Court for it to consider the
7 suspected or anticipated contravention.
8 (4) A warrant under subsection (3) must state the suspected or
9 anticipated contravention, and may state it in general terms.
10 (5) A magistrate cannot issue a warrant under subsection (3) for the
11 arrest of an offender unless the application for the warrant is
12 supported by evidence on oath.
13 (6) For the purpose of arresting an offender under a warrant under
14 subsection (3), a police officer may enter and search any
15 premises (including any residence or vehicle) where the police
16 officer reasonably suspects the offender to be present.
17 52. Order permitting publication of offender's photograph
18 (1) A magistrate issuing a warrant under section 51(3) may order
19 that, until the offender is arrested or appears before the Supreme
20 Court, a photograph of the offender may be published under the
21 Community Protection (Offender Reporting) Act 2004
22 section 85G.
23 (2) Subsection (1) applies despite --
24 (a) any condition of a supervision order referred to in
25 section 30(6)(b); or
26 (b) any other order of a court which would prohibit the
27 publication of a photograph of the offender.
28 (3) A magistrate must not make an order under subsection (1)
29 unless the magistrate considers it necessary in the interests of
30 justice and for the adequate protection of the community.
page 38
High Risk Offenders Bill 2019
Restriction of offenders Part 4
Contravening a supervision order Division 5
s. 53
1 53. State may seek orders
2 (1) This section applies to --
3 (a) an offender who is brought before the Supreme Court
4 under a warrant issued under section 51(3) or 56(7)(d);
5 and
6 (b) an offender who is charged with an offence under
7 section 80(1).
8 (2) In relation to the offender, the State may apply for --
9 (a) an order under section 55; and
10 (b) an order for the offender to be detained in custody while
11 proceedings on the application for an order under
12 section 55 are pending.
13 (3) The application must state what order is sought under
14 section 55.
15 54. Reports
16 If an application is made under section 53 in relation to an
17 offender, the court --
18 (a) may order that the offender undergo examination by 1 or
19 more qualified experts for the purpose of preparing a
20 report or reports in accordance with section 74; and
21 (b) on the application of the State or of the offender, may
22 order that a person or body named by the court prepare a
23 report in accordance with section 75 on questions or
24 topics set out in the order.
25 55. Court to make orders in certain cases
26 (1) If, on the hearing of an application under section 53, the court is
27 satisfied on the balance of probabilities that the offender to
28 whom the application relates has contravened or is contravening
29 a condition of a supervision order, the court must --
30 (a) rescind the supervision order and make a continuing
31 detention order in relation to the offender; or
page 39
High Risk Offenders Bill 2019
Part 4 Restriction of offenders
Division 5 Contravening a supervision order
s. 56
1 (b) except as provided in section 29, make an order
2 amending the conditions of the supervision order, or
3 extending the period for which the offender is to be
4 subject to the supervision order, or both; or
5 (c) except as provided in section 29, make an order
6 affirming the supervision order without amendment or
7 extension.
8 (2) If, on the hearing of an application under section 53, the court is
9 satisfied on the balance of probabilities that the offender to
10 whom the application relates is likely to contravene a condition
11 of a supervision order, the court must --
12 (a) rescind the supervision order and make a continuing
13 detention order in relation to the offender; or
14 (b) except as provided in section 29, make an order --
15 (i) amending the conditions of the supervision
16 order; or
17 (ii) amending the conditions of, and extending the
18 period for which the offender is to be subject to,
19 the supervision order.
20 (3) In deciding which order to make under subsection (1) or (2), the
21 paramount consideration is to be the need to ensure adequate
22 protection of the community.
23 56. Orders made during contravention proceedings
24 (1) This section applies if an offender who is subject to a
25 supervision order is before the Supreme Court and proceedings
26 on an application made under section 53 in respect of the
27 offender are pending (the pending proceedings).
28 (2) The court may at any time in the pending proceedings --
29 (a) if the offender is detained in custody, order the offender
30 to be released, subject to subsection (3); or
31 (b) if the offender is not detained in custody, order the
32 offender to be detained in custody.
page 40
High Risk Offenders Bill 2019
Restriction of offenders Part 4
Contravening a supervision order Division 5
s. 56
1 (3) The court cannot order the offender to be released unless it is
2 satisfied on the balance of probabilities that --
3 (a) releasing the offender is justified by exceptional
4 circumstances; and
5 (b) the offender will substantially comply with the standard
6 conditions of the supervision order, including any
7 amendments to the standard conditions made under
8 subsection (7)(b).
9 (4) The onus of proof as to the matter described in subsection (3)(b)
10 is on the offender.
11 (5) For the purposes of subsection (3), in considering whether
12 releasing the offender is justified by exceptional circumstances
13 the court may, as it thinks fit, receive and take into account
14 information put before it, whether or not that information would
15 normally be admissible in a court of law.
16 (6) In making a decision under subsections (2) and (3), the
17 paramount consideration is to be the need to ensure adequate
18 protection of the community.
19 (7) If the court releases the offender --
20 (a) the offender remains subject to the supervision order;
21 and
22 (b) the court may, before the pending proceedings are
23 determined, make an interim order amending the
24 supervision order to include any requirements the court
25 considers appropriate to ensure adequate protection of
26 the community; and
27 (c) the court may order the offender to reappear before the
28 court at any adjourned hearing of the pending
29 proceedings; and
30 (d) if it is alleged that the offender has further breached the
31 supervision order or breached an order made under
32 paragraph (c), the court may issue a warrant to have the
33 offender arrested and brought before the court.
page 41
High Risk Offenders Bill 2019
Part 4 Restriction of offenders
Division 6 Supervision order extended due to imprisonment
s. 57
1 Division 6 -- Supervision order extended due to imprisonment
2 57. Extension of supervision order
3 (1) This section applies if an offender who is subject to a
4 supervision order is sentenced to imprisonment for any offence,
5 whether committed before or after the supervision order was
6 made.
7 (2) The period for which the supervision order applies is extended
8 by any period after the order is made during which the offender
9 is in custody serving the sentence of imprisonment.
10 Division 7 -- Interim supervision orders
11 58. Interim supervision order
12 (1) In this section --
13 specified means specified by the court in an order made under
14 this section.
15 (2) This section applies if --
16 (a) proceedings on a restriction order application or an
17 application made under section 49 or 53 are pending
18 (the pending proceedings); and
19 (b) the offender to whom the pending proceedings relate is
20 not in custody; and
21 (c) the court is satisfied that, to ensure adequate protection
22 of the community, it is desirable to make an order under
23 this section.
24 (3) If the offender is subject to a supervision order that may
25 otherwise expire before the pending proceedings are finally
26 determined, the court may at any time in the pending
27 proceedings order that the supervision order is to continue until
28 the pending proceedings are finally determined or until another
29 specified date.
page 42
High Risk Offenders Bill 2019
Restriction of offenders Part 4
Victim submissions Division 8
s. 59
1 (4) If the offender has been subject to a supervision order that has
2 expired, the court may at any time in the pending proceedings
3 order that the supervision order is to be reinstated with effect
4 from a specified date and is to continue until the pending
5 proceedings are finally determined or until another specified
6 date.
7 (5) In any other case, the court may at any time in the pending
8 proceedings order that, with effect from a specified date and
9 until the pending proceedings are finally determined or until
10 another specified date, the offender is to be subject to stated
11 conditions that the court, subject to subsection (6), considers
12 appropriate.
13 (6) Section 30 applies to an order under this section as if it were a
14 supervision order.
15 Division 8 -- Victim submissions
16 59. Terms used
17 In this Division --
18 make available means make available to an offender or to a
19 person acting on behalf of, or representing, an offender;
20 relevant application means --
21 (a) a restriction order application; and
22 (b) an application under section 49 to amend the conditions
23 of a supervision order; and
24 (c) an application under section 53 for an order under
25 section 55; and
26 (d) an application under section 64 or 65 for the review of
27 an offender's detention.
28 60. Making victim submissions
29 (1) Where a relevant application is made in relation to an offender,
30 a victim of a serious offence committed by that offender may
page 43
High Risk Offenders Bill 2019
Part 4 Restriction of offenders
Division 8 Victim submissions
s. 61
1 make a submission to the court in relation to the need to ensure
2 adequate protection of the victim.
3 (2) Another person may make a submission on the victim's behalf
4 if --
5 (a) because of age, disability or any other reason the victim
6 is incapable of making a submission personally; and
7 (b) the court is satisfied that it is appropriate for that other
8 person to do so.
9 (3) A victim submission must be in writing.
10 61. Availability of victim submissions
11 At the hearing of a relevant application, the court must make
12 available any victim submission made if --
13 (a) the victim making the submission or on whose behalf
14 the submission is made has consented to the submission
15 being made available; and
16 (b) the court has afforded the victim making the submission
17 an opportunity to amend the submission before it is
18 made available.
19 62. Court may have regard to victim submissions
20 (1) Except as provided in subsections (2) and (3), in considering a
21 relevant application the court may have regard to any victim
22 submission made.
23 (2) The court must not have regard to a victim submission --
24 (a) that is not made available at the hearing of the relevant
25 application; or
26 (b) that is withdrawn.
27 (3) If the victim making a submission has amended the submission,
28 the court must have regard only to the amended submission.
page 44
High Risk Offenders Bill 2019
Review of detention Part 5
s. 63
1 Part 5 -- Review of detention
2 63. Purpose of this Part
3 The purpose of this Part is to ensure that an offender's detention
4 under a continuing detention order is regularly reviewed.
5 64. Review -- periodic
6 (1) While an offender is subject to a continuing detention order, the
7 State may apply to the Supreme Court for the offender's
8 detention under the order to be reviewed.
9 (2) The State must apply under subsection (1) so as to ensure that
10 reviews are carried out --
11 (a) as soon as practicable after the end of the period of
12 1 year commencing when the offender is first in custody
13 on a day on which the offender would not have been in
14 custody had the continuing detention order not been
15 made; and
16 (b) as soon as practicable after the end of the period of
17 2 years commencing when the detention was most
18 recently reviewed under this section or section 65.
19 (3) The periods mentioned in subsection (2)(a) and (b) are extended
20 by any period during which the offender is in custody serving a
21 sentence of imprisonment.
22 65. Review -- application by offender subject to order
23 (1) An offender who is subject to a continuing detention order may,
24 with the leave of the court, apply to the Supreme Court for the
25 offender's detention under the order to be reviewed.
26 (2) Before granting leave the court must be satisfied that there are
27 exceptional circumstances that relate to the offender.
28 (3) An application cannot be made under this section for an
29 offender's detention to be reviewed until at least 1 year after the
page 45
High Risk Offenders Bill 2019
Part 5 Review of detention
s. 66
1 last occasion on which the offender's detention has been
2 reviewed under section 64(2)(b).
3 (4) When an offender applies under this section for the offender's
4 detention to be reviewed, or applies for leave to make an
5 application of that kind, the Principal Registrar must
6 immediately give a copy of the application to the State.
7 66. Dealing with application
8 (1) As soon as practicable after an application is made under
9 section 64 or 65, the court must give directions for the hearing
10 of the application.
11 (2) Subject to subsection (3), the application must be heard, and the
12 review must be carried out, as soon as it is practicable to do so
13 in accordance with any directions given by the court.
14 (3) The court may adjourn the hearing of the application, and the
15 carrying out of the review, where good cause is shown.
16 67. Reports
17 (1) Unless the court otherwise orders, the CEO must engage 1 or
18 more qualified experts to prepare reports in accordance with
19 section 74 to be used on a review under this Part.
20 (2) On the application of the State or the offender whose detention
21 is to be reviewed, the court may order the CEO to engage a
22 person or body named by the court to prepare a report in
23 accordance with section 75 on questions or topics set out in the
24 order.
25 68. Review of detention under continuing detention order
26 (1) On a review under section 66 of an offender's detention --
27 (a) if the court does not find that the offender remains a
28 high risk offender it must rescind the continuing
29 detention order; or
page 46
High Risk Offenders Bill 2019
Review of detention Part 5
s. 68
1 (b) if the court finds that the offender remains a high risk
2 offender it must --
3 (i) affirm the continuing detention order; or
4 (ii) subject to section 29, rescind the continuing
5 detention order and make a supervision order.
6 (2) In deciding whether to make an order under subsection (1)(b)(i)
7 or (ii), the paramount consideration is to be the need to ensure
8 adequate protection of the community.
page 47
High Risk Offenders Bill 2019
Part 6 Appeals
s. 69
1 Part 6 -- Appeals
2 69. Appeals
3 (1) Except as provided in subsection (3), the State or a person in
4 relation to whom the court makes a decision under this Act may
5 appeal to the Court of Appeal against the decision.
6 (2) Unless the Court of Appeal orders otherwise, an appeal under
7 subsection (1) cannot be commenced later than 21 days after the
8 date of the decision.
9 (3) An appeal does not lie against the following --
10 (a) a decision on an order in respect of a disclosure
11 requirement under section 42(3);
12 (b) a decision on an order made at a preliminary hearing
13 under section 46(2);
14 (c) a decision on an order permitting publication of an
15 offender's photograph under section 52(1);
16 (d) a decision under the Evidence Act 1906 section 19C
17 giving or refusing leave to disclose or require disclosure
18 of a protected communication (as defined in section 19A
19 of that Act) in or in connection with a restriction order
20 application;
21 (e) a decision on an appeal under this Part.
22 70. Appeal does not stay decision
23 (1) An appeal against a decision does not stay the operation of the
24 decision unless the Court of Appeal orders otherwise.
25 (2) However, if the final determination of the appeal might result in
26 an order that a party to the appeal be detained in custody, the
27 court may order that the party be detained in custody until the
28 determination of the appeal.
29 71. Dealing with appeal
30 (1) An appeal is by way of rehearing.
page 48
High Risk Offenders Bill 2019
Appeals Part 6
s. 71
1 (2) The Court of Appeal --
2 (a) has all the powers and duties of the court making the
3 decision against which the appeal is made; and
4 (b) may draw inferences of fact, not inconsistent with the
5 findings of the court making the decision against which
6 the appeal is made; and
7 (c) may, on special grounds, receive further evidence as to
8 questions of fact, either orally in court, by affidavit, or
9 in another way.
page 49
High Risk Offenders Bill 2019
Part 7 Reports
s. 72
1 Part 7 -- Reports
2 72. Terms used
3 In this Part, unless the contrary intention appears --
4 report means a report prepared under section 46(2)(a)
5 or (b), 54(a) or (b), or 67(1) or (2);
6 reporter means --
7 (a) a qualified expert providing a report in relation to an
8 offender under section 74; or
9 (b) a person or body providing a report in relation to an
10 offender under section 75;
11 subject means an offender in relation to whom a report is to be
12 prepared in accordance with section 74 or 75.
13 73. Authority to examine
14 This section authorises a reporter to examine a subject and to
15 report in accordance with section 74 or 75.
16 74. Preparation of report by qualified expert
17 (1) A qualified expert providing a report in relation to a subject
18 under this section must --
19 (a) examine the subject; and
20 (b) prepare an independent report.
21 (2) The report must indicate --
22 (a) the reporter's assessment of the level of the risk that,
23 without a restriction order, the subject will commit a
24 serious offence; and
25 (b) the reasons for the reporter's assessment.
26 (3) The reporter must have regard to any report or information
27 given under section 76(1).
page 50
High Risk Offenders Bill 2019
Reports Part 7
s. 75
1 (4) The reporter must prepare the report even if the subject does not
2 cooperate, or does not cooperate fully, in the examination.
3 75. Preparation of other report
4 (1) A person or body providing a report in relation to a subject
5 under this section must --
6 (a) examine the subject, if in the reporter's opinion
7 examination is necessary or desirable having regard to
8 the questions and topics to be addressed in the report;
9 and
10 (b) prepare an independent report.
11 (2) The report must set out --
12 (a) the reporter's opinion on all questions and topics
13 specified in the order or engagement for its preparation;
14 and
15 (b) the basis for that opinion.
16 (3) The reporter must have regard to any report or information
17 given under section 76(2).
18 (4) The reporter must prepare the report even if the subject does not
19 cooperate, or does not cooperate fully, in any examination the
20 reporter considers necessary or desirable.
21 76. CEO to provide information
22 (1) Subject to subsection (3), the CEO must give to a reporter
23 preparing a report under section 74 any medical, psychiatric,
24 prison or other relevant report or information relating to the
25 subject that is in the CEO's possession or to which the CEO has,
26 or may be given, access.
page 51
High Risk Offenders Bill 2019
Part 7 Reports
s. 77
1 (2) Subject to subsection (3), the CEO must give to a reporter
2 preparing a report under section 75 any medical, psychiatric,
3 prison or other relevant report or information relevant to the
4 questions and topics to be addressed in the report --
5 (a) that is in the CEO's possession or to which the CEO has,
6 or may be given, access; and
7 (b) that the reporter considers it necessary or desirable to
8 consider, having regard to the questions and topics to be
9 addressed in the report.
10 (3) Before giving any document to a reporter under subsection (1)
11 or (2) the CEO may edit the document to remove or erase any
12 material --
13 (a) that would identify any person other than the subject; or
14 (b) if a report is to be prepared under section 74, that does
15 not relate to the subject; or
16 (c) if a report is to be prepared under section 75, that is not
17 relevant to the questions and topics to be addressed in
18 the report.
19 (4) The CEO must give to the State a copy of anything that the
20 CEO gives to a reporter under subsection (1) or (2).
21 77. CEO may seek information
22 (1) A person in possession of any medical, psychiatric, prison or
23 other relevant report or information relating to the subject must
24 give a copy of the report or the information to the CEO if asked
25 by the CEO to do so.
26 (2) If a person asked under subsection (1) to give a copy of any
27 report or information to the CEO refuses to do so, the CEO may
28 apply to the court for an order requiring the person to give the
29 report or information to the CEO.
page 52
High Risk Offenders Bill 2019
Reports Part 7
s. 78
1 (3) If a person discloses a report or information to the CEO in good
2 faith under subsection (1) or (2) --
3 (a) no civil or criminal liability is incurred in respect of the
4 disclosure; and
5 (b) the disclosure is not to be regarded as a breach of any
6 duty of confidentiality or secrecy imposed by law; and
7 (c) the disclosure is not to be regarded as a breach of
8 professional ethics or standards or as unprofessional
9 conduct.
10 78. Copies of report to State and subject
11 (1) A reporter who prepares a report under section 74 or 75 must
12 give a copy of the report to the State within 7 days after
13 finalising the report.
14 (2) Within 3 days after the day on which the State receives a report
15 under subsection (1), the State must give a copy of the report to
16 the subject.
page 53
High Risk Offenders Bill 2019
Part 8 General
s. 79
1 Part 8 -- General
2 79. Mentally unfit offender
3 (1) In this section --
4 found not mentally fit means found not mentally fit to stand
5 trial under the Criminal Law (Mentally Impaired Accused)
6 Act 1996.
7 (2) A court may make an order under this Act in respect of an
8 offender even if the offender --
9 (a) has been found not mentally fit; or
10 (b) if charged with an offence, would be likely to be found
11 not mentally fit.
12 80. Offence of contravening supervision order
13 (1) An offender subject to a supervision order must not, without
14 reasonable excuse, contravene a requirement of the order.
15 Penalty for this subsection: imprisonment for 3 years.
16 (2) If an offender is convicted of an offence under subsection (1)
17 for an act or omission that is also a contravention of
18 section 33(3) then, despite any other written law, the court
19 sentencing the offender --
20 (a) must sentence the offender to a term of imprisonment of
21 at least 12 months; and
22 (b) must not suspend the term of imprisonment.
23 (3) A police officer who suspects on reasonable grounds that an
24 offender has committed an offence under subsection (1) may,
25 without a warrant, arrest the offender.
26 (4) A police officer who charges an offender with an offence under
27 this section must inform the State as soon as practicable.
page 54
High Risk Offenders Bill 2019
General Part 8
s. 81
1 81. Procedure on some charges of offences under s. 80
2 (1) Except as provided in this section, the procedure applicable to
3 and in relation to a charge of an offence under section 80(1) is
4 the procedure applicable to and in relation to a charge of any
5 other simple offence.
6 (2) A prosecution of a charge of an offence under section 80(1)
7 against an offender in relation to certain conduct may be
8 commenced in the Supreme Court only if proceedings have
9 been commenced under Part 4 Division 5 in respect of the
10 offender in relation to the same conduct, and have not been
11 concluded.
12 (3) Only an authorised officer (as defined in the Criminal
13 Procedure Act 2004 section 80) can commence a prosecution of
14 a charge of an offence under section 80(1) in the Supreme
15 Court.
16 (4) If proceedings on a charge of an offence under section 80(1) in
17 relation to certain conduct and proceedings commenced under
18 Part 4 Division 5 in relation to the same conduct are in progress
19 against an offender at the same time --
20 (a) a court of summary jurisdiction dealing with the charge
21 must, on an application made by a police officer or the
22 State, transfer the charge to the Supreme Court; and
23 (b) the State must prosecute the charge in the Supreme
24 Court; and
25 (c) a judge of the Supreme Court must deal with the charge
26 summarily under the Criminal Procedure Act 2004 as if
27 it were a prosecution of a simple offence in a court of
28 summary jurisdiction, but --
29 (i) the Supreme Court cannot charge a fee for or in
30 respect of any act or proceeding that relates to
31 the prosecution; and
32 (ii) the Supreme Court cannot order a party to the
33 prosecution to pay another party's costs of or
page 55
High Risk Offenders Bill 2019
Part 8 General
s. 82
1 relating to the prosecution, except under the
2 Criminal Procedure Act 2004 section 166(2);
3 and
4 (d) any findings of fact by the Supreme Court in the
5 proceedings on the charge may be used in the
6 proceedings under Part 4 Division 5; and
7 (e) if the offender is convicted of the charge, the sentencing
8 of the offender may be adjourned until after the
9 proceedings under Part 4 Division 5 are concluded; and
10 (f) if the Supreme Court fines the offender for the offence,
11 the court may make an order under the Sentencing
12 Act 1995 section 59 in respect of the fine.
13 (5) A person who is dissatisfied with a decision (as defined in the
14 Criminal Appeals Act 2004 section 6) made by the Supreme
15 Court under subsection (4) in proceedings on a charge of an
16 offence under section 80(1) may, with the leave of the Court of
17 Appeal, appeal against it.
18 (6) For the purposes of subsection (5), the Criminal Appeals
19 Act 2004 Part 2, with any necessary changes, applies as if --
20 (a) the decision referred to in subsection (5) were a decision
21 of a court of summary jurisdiction; and
22 (b) a reference in that Part to a court of summary
23 jurisdiction were a reference to the Supreme Court; and
24 (c) a reference in that Part to the Supreme Court were a
25 reference to the Court of Appeal.
26 (7) Despite the Criminal Appeals Act 2004 section 13(1), the appeal
27 is to be dealt with by the Court of Appeal.
28 82. Proceedings to be criminal proceedings
29 (1) Proceedings under this Act or on an appeal under this Act are to
30 be taken to be criminal proceedings for all purposes.
page 56
High Risk Offenders Bill 2019
General Part 8
s. 83
1 (2) Subsection (1) does not require anything that is to be evidenced
2 for the purposes of this Act to be evidenced to a higher standard
3 than is required by section 7(1).
4 83. Deciding certain matters on the papers
5 (1) In this section --
6 relevant proceeding means a judicial proceeding for --
7 (a) a serious offence; or
8 (b) another offence that the court considers relevant, having
9 regard to the matter for decision before the court.
10 (2) This section applies to how the court may decide --
11 (a) whether it is satisfied, as described in section 46(1), that
12 there are reasonable grounds for the belief described in
13 that subsection; or
14 (b) whether it is satisfied as required by section 50.
15 (3) The court may decide entirely or partly from a consideration of
16 documents lodged with the court, without the offender or
17 witnesses appearing and without the offender consenting to, or
18 being heard on, the making of the decision.
19 (4) In making its decision, the court may receive in evidence --
20 (a) any document relevant to the antecedents or criminal
21 record of the offender; or
22 (b) anything relevant contained in the official transcript of
23 any relevant proceeding against the offender; or
24 (c) any relevant material that was tendered to the court, or
25 that informed the court, in a relevant proceeding against
26 the offender; or
27 (d) any relevant material of the kind mentioned in
28 section 7(3) relating to the offender.
page 57
High Risk Offenders Bill 2019
Part 8 General
s. 84
1 84. Evidence in certain hearings
2 (1) In this section --
3 relevant proceeding means a judicial proceeding for --
4 (a) a serious offence; or
5 (b) another offence that the court considers relevant, having
6 regard to the matter for decision before the court.
7 (2) This section applies to --
8 (a) a restriction order application; and
9 (b) an application under section 64 or 65 for a review; and
10 (c) an application for an order under section 55.
11 (3) Before the court makes a decision or order on the hearing of an
12 application it must, if the evidence is admissible --
13 (a) hear evidence called by the State; and
14 (b) if the offender elects to give or call evidence, hear
15 evidence given by or on behalf of the offender.
16 (4) Except as modified by subsection (5), ordinary rules of evidence
17 apply to evidence given or called under subsection (3).
18 (5) In making its decision, the court may receive in evidence --
19 (a) any document relevant to the antecedents or criminal
20 record of the offender; or
21 (b) anything relevant contained in the official transcript of
22 any relevant proceeding against the offender; or
23 (c) any relevant material that was tendered to the court, or
24 that informed the court, in a relevant proceeding against
25 the offender; or
26 (d) any relevant material of the kind mentioned in
27 section 7(3) relating to the offender.
page 58
High Risk Offenders Bill 2019
General Part 8
s. 85
1 85. Court may give directions
2 The court may, on its own initiative or on the application of a
3 party, give directions --
4 (a) with respect to evidence received or to be received under
5 section 84(5); or
6 (b) otherwise in relation to the conduct of a proceeding
7 under this Act.
8 86. Appearance at hearings
9 (1) In this section --
10 audio link has the meaning given in the Criminal Procedure
11 Act 2004 section 3(1);
12 video link has the meaning given in the Criminal Procedure
13 Act 2004 section 3(1).
14 (2) An offender is entitled to appear at the hearing of a restriction
15 order application against the offender.
16 (3) An offender is entitled to appear at the hearing of an application
17 under section 64 or 65 for the review of the offender's detention
18 under a continuing detention order.
19 (4) The court may direct that an offender entitled under this section
20 to appear is to appear by means of a video link or an audio link.
21 87. Warrant of commitment upon order for detention
22 If a court orders under this Act that an offender be detained in
23 custody, it must issue a warrant for the offender's arrest, if
24 necessary, and detention in a prison under the Prisons Act 1981.
25 88. Protection from personal liability
26 (1) In this section --
27 protected person means --
28 (a) a member of the Board; and
29 (a) a person employed in a supporting agency; and
page 59
High Risk Offenders Bill 2019
Part 8 General
s. 89
1 (b) a person appointed under the Director of Public
2 Prosecutions Act 1991 or a person on the staff referred
3 to in section 30 of that Act; or
4 (c) a qualified expert ordered or engaged to provide a report
5 under section 74; or
6 (d) a person or body ordered or engaged to provide a report
7 under section 75; or
8 (b) a person employed by a body or agency prescribed by
9 regulations for the purposes of this definition.
10 (2) In this section, a reference to the doing of anything includes a
11 reference to the omission to do anything.
12 (3) A civil action does not lie against a protected person for
13 anything done, in good faith, in the performance or purported
14 performance of a function under this Act.
15 (4) The protection given by this section applies even though the
16 thing done as described in subsection (3) may have been
17 capable of being done whether or not this Act had been enacted.
18 89. Approved forms
19 The CEO may approve forms for use under this Act.
20 90. Regulations
21 The Governor may make regulations prescribing all matters that
22 are required or permitted by this Act to be prescribed, or are
23 necessary or convenient to be prescribed for giving effect to the
24 purposes of this Act.
page 60
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Community Protection (Offender Reporting) Act 2004 Division 1
amended
s. 91
1 Part 9 -- Consequential amendments to other Acts
2 Division 1 -- Community Protection (Offender Reporting)
3 Act 2004 amended
4 91. Act amended
5 This Division amends the Community Protection (Offender
6 Reporting) Act 2004.
7 92. Section 85A amended
8 (1) In section 85A delete the definition of DSO supervision order.
9 (2) In section 85A insert in alphabetical order:
10
11 HRO supervision order means a supervision order
12 under the High Risk Offenders Act 2019;
13 serious sexual offence means --
14 (a) an offence specified in the High Risk Offenders
15 Act 2019 Schedule 1, other than an offence
16 under --
17 (i) the Bush Fires Act 1954 section 32; or
18 (ii) the Road Traffic Act 1974 section 59; or
19 (iii) The Criminal Code section 279, 280,
20 281, 283, 294, 297, 304(2), 332, 333,
21 338E, 343 392, 393, 444 or 445A;
22 or
23 (b) an offence under a written law that has been
24 repealed, if the offender's acts or omissions that
25 constituted the offence under the repealed
26 provision would constitute a serious sexual
27 offence under paragraph (a); or
28 (c) an offence of conspiracy, attempt or incitement
29 to commit an offence that is a serious sexual
30 offence under paragraph (a) or (b); or
page 61
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 1 Community Protection (Offender Reporting) Act 2004
amended
s. 93
1 (d) an offence against the law of the
2 Commonwealth or of any place outside
3 Western Australia, if the offender's acts or
4 omissions that constituted the offence under
5 that law would constitute a serious sexual
6 offence under paragraph (a) or (c).
7 (e) an offence against the law of the
8 Commonwealth if --
9 (i) the offence is of a sexual nature; and
10 (ii) the penalty for the offence specified by
11 the law of the Commonwealth is or
12 includes imprisonment for 7 years or
13 more; and
14 (c) the offence is prescribed to be a serious
15 sexual offence.
16
17 (3) In section 85A in the definition of publish delete
18 "Commissioner." and insert:
19
20 Commissioner;
21
22 93. Section 85G amended
23 Delete section 85G(2)(a) and insert:
24
25 (a) if --
26 (i) the person has been convicted of a
27 serious sexual offence; and
28 (ii) the person is subject to a HRO
29 supervision order; and
page 62
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Criminal Procedure Act 2004 amended Division 2
s. 94
1 (iii) that order does not provide that the
2 person's photograph and locality are not
3 to be published under this section;
4 or
5
6 94. Section 85H amended
7 In section 85H(2)(b) delete "DSO supervision order; and" and
8 insert:
9
10 HRO supervision order; and
11
12 95. Section 85I amended
13 In section 85I(2)(a)(iii) delete "DSO supervision order" and
14 insert:
15
16 HRO supervision order
17
18 Division 2 -- Criminal Procedure Act 2004 amended
19 96. Act amended
20 This Division amends the Criminal Procedure Act 2004.
21 97. Section 51 amended
22 In section 51(5A) delete "Dangerous Sexual Offenders Act 2006
23 section 40A" and insert:
24
25 High Risk Offenders Act 2019 section 80(1)
26
page 63
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 3 Freedom of Information Act 1992 amended
s. 98
1 98. Section 80 amended
2 After section 80(2)(c) insert:
3
4 (ca) a member of the State Solicitor's staff
5 appointed in writing by the State Solicitor as an
6 authorised officer;
7
8 Division 3 -- Freedom of Information Act 1992 amended
9 99. Act amended
10 This Division amends the Freedom of Information Act 1992.
11 100. Schedule 2 amended
12 In Schedule 2 --
13 (a) after "The Electoral Distribution Commissioners." insert:
14
15 The High Risk (Sexual and Violent) Offenders Board.
16
17 (b) after "The Prisoners Review Board." insert:
18
19 The State Solicitor, but only in relation to documents
20 originating with or received by the State Solicitor in
21 connection with functions under the High Risk Offenders
22 Act 2019.
23
24 101. The Glossary amended
25 (1) After the Glossary clause 2(3) insert:
26
27 (3A) In connection with its functions under the High Risk
28 Offenders Act 2019, the State Solicitor is to be regarded as a
29 separate agency and is not to be regarded as a part of the
30 department in which the State Solicitor is employed.
31
page 64
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Sentence Administration Act 2003 amended Division 4
s. 102
1 (2) After the Glossary clause 6(2) insert:
2
3 (3) A document originating with or received by the State
4 Solicitor in connection with functions under the High Risk
5 Offenders Act 2019 is not to be regarded as a document of
6 the department in which the State Solicitor is employed.
7
8 Division 4 -- Sentence Administration Act 2003 amended
9 102. Act amended
10 This Division amends the Sentence Administration Act 2003.
11 103. Section 50 amended
12 In section 50(ca) delete "Dangerous Sexual Offenders Act 2006
13 section 17(1)(a); and" and insert:
14
15 High Risk Offenders Act 2019 section 48(1)(a); and
16
17 104. Section 74A amended
18 (1) In section 74A delete the definition of serious violent offence.
19 (2) In section 74A insert in alphabetical order:
20
21 serious offence has the meaning given in the High Risk
22 Offenders Act 2019 section 5;
23 serious offender under restriction has the meaning
24 given in the High Risk Offenders Act 2019 section 3.
25
26 (3) In section 74A in the definition of prisoner delete "violent".
page 65
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 4 Sentence Administration Act 2003 amended
s. 105
1 105. Section 74B amended
2 (1) In section 74B:
3 (a) delete "In this Part" and insert:
4
5 (1) In this Part
6
7 (b) in paragraphs (a) and (f) delete "violent";
8 (c) in paragraph (h) delete "any" and insert:
9
10 subject to subsection (2), any
11
12 (2) At the end of section 74B insert:
13
14 (2) In this Part a reference to the PSSO considerations does
15 not include a reference to considerations relating to the
16 community's interest in punishment or deterrence of
17 offences.
18
19 106. Section 74D amended
20 Delete section 74D(3) and insert:
21
22 (3) Subject to subsection (5), the Board must make a PSSO
23 in respect of the prisoner if it considers that the order is
24 necessary for the prevention of harm to the community
25 from further offending by the prisoner.
26 (4) In considering under subsection (3) whether a PSSO is
27 necessary, the Board must have regard to --
28 (a) the PSSO considerations relating to the
29 prisoner; and
30 (b) the report made by the CEO under section 74C;
31 and
page 66
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Sentence Administration Act 2003 amended Division 4
s. 107
1 (c) any other information about the prisoner
2 brought to its attention.
3 (5) The Board must not make a PSSO in respect of a
4 serious offender under restriction.
5
6 107. Section 74E amended
7 In section 74E(2) delete "the period of 2 years" and insert:
8
9 a period of not less than 6 months and not more than 2 years, as
10 the Board specifies in the order,
11
12 108. Section 74G amended
13 Delete section 74G(h) and (i).
14 109. Section 74J amended
15 (1) In section 74J(2) delete "section." and insert:
16
17 subsection.
18
19 (2) After section 74J(2) insert:
20
21 (3) If a supervised offender, during the PSSO period,
22 becomes a serious offender under restriction, the PSSO
23 applicable to the supervised offender is cancelled by
24 operation of this subsection.
25
page 67
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 4 Sentence Administration Act 2003 amended
s. 110
1 110. Section 74K replaced
2 Delete section 74K and insert:
3
4 74K. Subsequent PSSO after cancellation for committing
5 offence
6 (1) In this section --
7 cancelled PSSO means a PSSO that is cancelled by
8 operation of section 74J(2);
9 further offence means an offence committed by a
10 supervised offender during a PSSO period leading to
11 the cancellation of the PSSO by operation of
12 section 74J(2);
13 further term means a term of imprisonment imposed
14 upon a supervised offender in respect of a further
15 offence.
16 (2) If a PSSO is cancelled by operation of section 74J(2),
17 the Board may subsequently make another PSSO in
18 respect of the supervised offender.
19 (3) The PSSO period specified in the subsequent PSSO --
20 (a) must begin on --
21 (i) if the supervised offender is not released
22 on parole -- the day on which the
23 supervised offender is released after
24 serving the further term; or
25 (ii) if the supervised offender is released on
26 parole -- the day after the day on which
27 the further term ends;
28 and
29 (b) must not be longer than the remaining PSSO
30 period of the cancelled PSSO.
page 68
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Sentence Administration Act 2003 amended Division 4
s. 111
1 (4) Subsection (3)(b) does not apply if the further offence
2 is a serious offence.
3
4 111. Section 74L replaced
5 Delete section 74L and insert:
6
7 74L. Offence for breach of PSSO
8 A supervised offender must not breach a PSSO without
9 reasonable excuse (proof of which is on the offender).
10 Penalty: imprisonment for 3 years.
11
12 112. Section 103 amended
13 Delete section 103(2) and insert:
14
15 (2) The Minister must not nominate a person as the
16 chairperson unless --
17 (a) the person has served as, or is qualified for
18 appointment as, a judge of the District Court of
19 Western Australia, the Supreme Court of
20 Western Australia or another State or Territory,
21 the High Court of Australia or the Federal
22 Court of Australia; and
23 (b) if the person holds judicial office, the person
24 has consented in writing to be nominated.
25 (2A) A person holding a judicial office must retire upon
26 being nominated as the chairperson.
27
page 69
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 5 Other Acts amended
s. 113
1 113. Section 119 amended
2 After section 119(1)(b) insert:
3
4 (ba) under the High Risk Offenders Act 2019
5 section 25(1) or 40(2); or
6
7 114. Schedule 4 deleted
8 Delete Schedule 4.
9 Division 5 -- Other Acts amended
10 115. Bail Act 1982 amended
11 (1) This section amends the Bail Act 1982.
12 (2) In Schedule 1 Part C clause 3D(1) delete the definition of
13 section 40A offence and insert:
14
15 section 80 offence means the offence under the High Risk
16 Offenders Act 2019 section 80(1) of contravening a
17 requirement of a supervision order;
18
19 (3) In Schedule 1 Part C clause 3D(1) in the definition of victim
20 delete "Dangerous Sexual Offenders Act 2006 section 3(1)." and
21 insert:
22
23 High Risk Offenders Act 2019 section 3.
24
25 (4) In Schedule 1 Part C clause 3D(2):
26 (a) in paragraph (a) delete "section 40A offence; or" and
27 insert:
28
29 section 80 offence; or
30
page 70
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Other Acts amended Division 5
s. 116
1 (b) in paragraph (b) delete "section 40A offence" and insert:
2
3 section 80 offence
4
5 (5) In Schedule 1 Part C clause 3D(3) delete "section 40A offence"
6 and insert:
7
8 section 80 offence
9
10 (6) In Schedule 1 Part C clause 3D(6) delete "section 40A offence"
11 and insert:
12
13 section 80 offence
14
15 Note: The heading to amended Schedule 1 Part C clause 3D is to read:
16 Bail in cases under High Risk Offenders Act 2019 section 80(1)
17 116. Director of Public Prosecutions Act 1991 amended
18 (1) This section amends the Director of Public Prosecutions
19 Act 1991.
20 (2) After section 15 insert:
21
22 15A. Proceedings under High Risk Offenders Act 2019
23 (1) It is a function of the Director to make applications and
24 take other proceedings as authorised under the High
25 Risk Offenders Act 2019 section 11(2).
26 (2) Despite section 10(1)(a), the Director must make
27 applications and take other proceedings as authorised
28 under the High Risk Offenders Act 2019 section 11(2)
29 in the name of the State.
30
page 71
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 5 Other Acts amended
s. 117
1 117. Prisons Act 1981 amended
2 (1) This section amends the Prisons Act 1981.
3 (2) In section 113B(1) in the definition of victim paragraph (ba)
4 delete "serious sexual offence (as defined in the Dangerous
5 Sexual Offenders Act 2006 section 3(1))" and insert:
6
7 serious offence (as defined in the High Risk Offenders Act 2019
8 section 5)
9
10 118. Sentencing Act 1995 amended
11 (1) This section amends the Sentencing Act 1995.
12 (2) In section 97A(1) in the definition of offence delete "Sentence
13 Administration Act 2003 Schedule 4;" and insert:
14
15 High Risk Offenders Act 2019 Schedule 1;
16
17 (3) Delete section 97A(2) and (3) and insert:
18
19 (2) This section applies if --
20 (a) a court is sentencing an offender to
21 imprisonment for an indictable offence; and
22 (b) the offence --
23 (i) involved the use of, or counselling or
24 procuring the use of, or conspiring or
25 attempting to use, a firearm against
26 another person; or
27 (ii) involved the use of, or counselling or
28 procuring the use of, or conspiring or
29 attempting to use, serious violence
30 against another person; or
page 72
High Risk Offenders Bill 2019
Consequential amendments to other Acts Part 9
Other Acts amended Division 5
s. 119
1 (iii) resulted in serious harm to, or the death
2 of, another person.
3 (3) The sentencing court may declare the offence
4 committed by the offender to be a serious offence for
5 the purposes of --
6 (a) the High Risk Offenders Act 2019; and
7 (b) the Sentence Administration Act 2003 Part 5A.
8
9 119. Various references to Dangerous Sexual Offenders Act 2006
10 replaced
11 (1) This section amends the Acts listed in the Table.
12 (2) In the provisions listed in the Table delete "Dangerous Sexual
13 Offenders Act 2006" and insert:
14
15 High Risk Offenders Act 2019
16
17 Table
Children and Community s. 24A(1)(d)(i)
Services Act 2004
Community Protection s. 80(2)(d)
(Offender Reporting)
Act 2004
Courts and Tribunals s. 6(1)(h)
(Electronic Processes
Facilitation) Act 2013
Evidence Act 1906 s. 36C(5)(b)
Sentencing Act 1995 s. 8(2)
s. 98(3)(aa)
page 73
High Risk Offenders Bill 2019
Part 9 Consequential amendments to other Acts
Division 5 Other Acts amended
s. 119
Young Offenders Act 1994 s. 189(7)(c)
s. 190(2A)
page 74
High Risk Offenders Bill 2019
Repeal and transitional provisions Part 10
s. 120
1 Part 10 -- Repeal and transitional provisions
2 120. Terms used
3 In this Part --
4 commencement day means the day on which this section comes
5 into operation;
6 repealed Act means the Dangerous Sexual Offenders Act 2006.
7 121. Act repealed
8 The Dangerous Sexual Offenders Act 2006 is repealed.
9 122. Completion of things commenced
10 (1) If an application to court made, appeal lodged, or other
11 proceedings taken, under a provision of the repealed Act has not
12 been finally determined by commencement day, the application,
13 appeal or proceedings --
14 (a) continues; and
15 (b) may be determined under this Act; and
16 (c) for the purposes of determining it under this Act is taken
17 to have been made, lodged or taken under the
18 corresponding provision of this Act.
19 (2) An application made, appeal lodged, or other proceedings taken,
20 by the Director of Public Prosecutions under a provision of the
21 repealed Act which continues under subsection (1) may be
22 continued --
23 (a) by or under the authority of the Attorney General as
24 provided in section 11; or
25 (b) by the Director of Public Prosecutions as provided in
26 section 7A of the repealed Act.
page 75
High Risk Offenders Bill 2019
Part 10 Repeal and transitional provisions
s. 123
1 123. Continuing effect of things done
2 If an order made, direction given or summons or warrant issued
3 under a provision of the repealed Act is in effect on
4 commencement day, the order, direction, summons or
5 warrant --
6 (a) continues in effect; and
7 (b) is taken to have been made, given or issued under the
8 corresponding provision of this Act.
page 76
High Risk Offenders Bill 2019
Serious offences Schedule 1
Offences that are serious offences in all circumstances Division 1
1 Schedule 1 -- Serious offences
2 [s. 5(1)]
3 Division 1 -- Offences that are serious offences in all circumstances
4 Subdivision 1 -- Offence under the Bush Fires Act 1954
Item Provision Description of offence
1. s. 32 Lighting or attempting to light fire likely to injure
5 Subdivision 2 -- Offence under the Children and Community Services
6 Act 2004
Item Provision Description of offence
1. s. 192 Employing child to perform in indecent, obscene or
pornographic manner
7 Subdivision 3 -- Offences under The Criminal Code
Item Provision Description of offence
1. s. 186 Occupier or owner allowing young person to be on
premises for unlawful carnal knowledge
2. s. 187 Facilitating sexual offence against child outside
WA
3. s. 204A Showing offensive material to child under 16
4. s. 204B Using electronic communication to procure, or
expose to indecent matter, child under 16
5. s. 217 Involving child in child exploitation
6. s. 218 Producing child exploitation material
7. s. 219 Distributing child exploitation material
page 77
High Risk Offenders Bill 2019
Schedule 1 Serious offences
Division 1 Offences that are serious offences in all circumstances
Item Provision Description of offence
8. s. 220 Possession of child exploitation material
9. s. 279 Murder
10. s. 280 Manslaughter
11. s. 281 Unlawful assault causing death
12. s. 283 Attempt to unlawfully kill
13. s. 294 Act intended to cause grievous bodily harm or
prevent arrest
14. s. 297 Grievous bodily harm
15. s. 304(2) Act or omission causing bodily harm or danger,
done with intent to harm
16. s. 320 Sexual offence against child under 13
17. s. 321 Sexual offence against child of or over 13 and
under 16
18. s. 321A Persistent sexual conduct with child under 16
19. s. 322 Sexual offence against child of or over 16 by person
in authority
20. s. 324 Aggravated indecent assault
21. s. 325 Sexual penetration without consent
22. s. 326 Aggravated sexual penetration without consent
23. s. 327 Sexual coercion
24. s. 328 Aggravated sexual coercion
page 78
High Risk Offenders Bill 2019
Serious offences Schedule 1
Offences that are serious offences in all circumstances Division 1
Item Provision Description of offence
25. s. 329 Sexual offence by relative or the like
26. s. 330 Sexual offence against incapable person
27. s. 331B Sexual servitude
28. s. 331C Conducting business involving sexual servitude
29. s. 331D Deceptive recruiting for commercial sexual service
30. s. 332 Kidnapping
31. s. 333 Deprivation of liberty
32. s. 338E Stalking
33. s. 343 Child stealing
34. s. 392 Robbery
35. s. 393 Assault with intent to rob
36. s. 445A Breach of duty of person in control of ignition
source or fire
1 Subdivision 4 -- Offences under the Prostitution Act 2000
Item Provision Description of offence
1. s. 7 Seeking to induce person to act as prostitute
2. s. 16 Causing, permitting, or seeking to induce child to
act as prostitute
3. s. 17 Obtaining payment for prostitution by child
4. s. 18 Agreement for prostitution by child
page 79
High Risk Offenders Bill 2019
Schedule 1 Serious offences
Division 2 Offences that are serious offences if committed in specified
circumstances
1 Subdivision 5 -- Offence under the Road Traffic Act 1974
Item Provision Description of offence
1. s. 59 Dangerous driving causing death or grievous bodily
harm
2 Division 2 -- Offences that are serious offences if committed in
3 specified circumstances
4 Subdivision 1 -- Offence under The Criminal Code
Item Provision Description Circumstances in which a serious
offence
1. s. 444 Criminal If within s. 444(1)(a) (criminal
damage damage by fire)
5 Subdivision 2 -- Offence under the Prostitution Act 2000
Item Provision Description Circumstances in which a serious
offence
1. s. 5 Seeking If within s. 5(2) (seeking a child)
prostitute in
or near
public place
6
page 80
High Risk Offenders Bill 2019
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
applying agency .................................................................................................. 34
appointed member ............................................................................................... 16
approved ........................................................................................................ 31(1)
audio link ....................................................................................................... 86(1)
Board..................................................................................................................... 3
CEO ...................................................................................................................... 3
chief employee .................................................................................................... 16
chief executive officer......................................................................................... 16
Chief Psychiatrist ................................................................................................ 16
commencement day .......................................................................................... 120
committing ........................................................................................................ 3, 6
community ........................................................................................................ 3, 4
community corrections officer .............................................................................. 3
community member ............................................................................................ 16
continuing detention order ......................................................................... 3, 26(1)
criminal record ......................................................................................................3
current order ................................................................................................... 36(1)
Department............................................................................................................3
disclosure requirement ................................................................................... 42(1)
evidentiary material ................................................................................. 34, 39(4)
expert evidence material ................................................................................ 41(1)
first agency ..................................................................................................... 25(1)
found not mentally fit..................................................................................... 79(1)
high risk offender ......................................................................................... 3, 7(1)
interim supervision order ...................................................................................... 3
make available .................................................................................................... 59
make public .................................................................................................... 30(1)
member ............................................................................................................... 16
new evidentiary material ................................................................................ 39(2)
offender ................................................................................................................. 3
official member ................................................................................................... 16
pending proceedings ........................................................................... 56(1), 58(2)
preliminary hearing ............................................................................................... 3
protected person ............................................................................................. 88(1)
psychiatrist ............................................................................................................3
public sector body .................................................................................................3
qualified expert .....................................................................................................3
qualified psychologist ........................................................................................... 3
relevant agency .....................................................................................................3
relevant application ............................................................................................. 59
page 81
High Risk Offenders Bill 2019
Defined terms
relevant proceeding ............................................................................. 83(1), 84(1)
repealed Act ...................................................................................................... 120
report ................................................................................................................... 72
reporter ................................................................................................................ 72
restriction order .....................................................................................................3
restriction order application .................................................................................. 3
second agency ................................................................................................ 25(1)
serious offence ....................................................................................... 3, 5(1)-(6)
serious offender functions ..................................................................................... 3
serious offender under custodial sentence ............................................................. 3
serious offender under restriction .........................................................................3
specified .............................................................................................. 32(1), 58(1)
standard condition .................................................................................................3
subject ................................................................................................................. 72
supervision order........................................................................................ 3, 27(1)
supporting agency .................................................................................................3
under a custodial sentence .................................................................................... 3
victim .................................................................................................................... 3
victim submission .................................................................................................3
video link ....................................................................................................... 86(1)
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