Western Australian Current Acts

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 19

19 .         Court may make reporting orders

        (1)         The court may make an order that a person (the past offender ) comply with the reporting obligations of this Act if the court is satisfied that the past offender poses a risk to the lives or sexual safety of one or more persons, or persons generally.

        (2)         For the purposes of subsection (1), it is not necessary that the court be able to identify a risk to a particular person or particular persons or a particular class of persons.

        (3A)         In deciding whether to make an order under this section in respect of an offence, the court may take into account the following —

            (a)         any evidence given during proceedings for the offence;

            (b)         any document or record (including an electronic document or record) served on the past offender by the prosecution or the Commissioner;

            (c)         any statement tendered, or deposition made, or exhibit tendered, at any proceedings in relation to the offence;

            (d)         the period of time since the offence was committed;

            (e)         the age of the past offender and the age of any victim of the offence at the time the offence was committed;

            (f)         the difference in age between the past offender and any victim of the offence;

            (g)         the seriousness of the past offender’s total criminal record;

            (h)         any other matter the court considers relevant.

        (3B)         The fact that an offence in respect of which a past offender has been found guilty becomes spent does not affect the consideration of the offence as part of the past offender’s total criminal record for the purposes of subsection (3A)(g).

        (3)         For the purposes of Part 3 Division 5, a person subject to an order made under this section in respect of an offence that is a reportable offence is taken to have been found guilty of, and to have been sentenced for, the offence when the order was made.

        (4)         For the purposes of Part 3 Division 5, a person subject to an order made under this section in respect of an offence that is not a reportable offence is taken to have been found guilty of, and to have been sentenced for, a Class 2 offence when the order was made.

        [Section 19 amended: No. 54 of 2012 s. 9.]