Western Australian Current Acts

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 94A

94A .         Reportable offenders may be required to undergo assessment and treatment

        (1)         Without limiting section 93(6), a protection order may require a reportable offender to comply with the orders of the Commissioner as to undergoing assessment by a medical practitioner, a psychiatrist, a psychologist or a social worker, or more than one of them and, if necessary, appropriate treatment.

        (2)         The Commissioner must not order a reportable offender to undergo treatment of any sort unless a person qualified to recommend or administer the treatment has recommended that the offender undergo that treatment.

        (3)         A person must not administer treatment of any sort that is the subject of an order of the Commissioner without the informed consent of the reportable offender who is to undergo the treatment.

        (4)         The requirement for a reportable offender to comply with the orders of the Commissioner as to undergoing any assessment or treatment ceases to be in force when —

            (a)         the Commissioner, on the recommendation of the person administering the treatment (if applicable), gives the offender notice to that effect; or

            (b)         the protection order, or that requirement imposed by the protection order, ceases to be in force,

                whichever happens first.

        (5)         The regulations may —

            (a)         provide for the authorisation of absences from assessment or treatment required to be undergone by the orders of the Commissioner under subsection (1);

            (b)         regulate the consequences of injury or sickness with respect to complying with the orders of the Commissioner under subsection (1);

            (c)         prescribe the matters that a person providing assessment or administering treatment for the purposes of a protection order under this section must report to the Commissioner;

            (d)         without limiting section 96, provide for the variation of protection orders under this section in relation to reportable offenders —

                  (i)         who fail to comply with the orders of the Commissioner under subsection (1); or

                  (ii)         whose compliance with those orders is affected by an authorised absence, injury or sickness,

                including the variation of protection orders by the imposition of additional requirements on those offenders;

            (e)         authorise the Commissioner to approve forms for the purposes of this subsection.

        [Section 94A inserted: No. 54 of 2012 s. 33.]