Western Australian Current Acts Western Australian Current Acts (1) The purposes of
the curfew requirement are —
(a) to
allow for the movements of an offender to be restricted during periods when
there is a high risk of the offender offending; and
(b) to
subject the offender to short periods of detention at the place where the
offender lives or at some other specified place.
(2) The curfew
requirement is a requirement that the offender —
(a) must
remain at a specified place (the specified place ), for specified periods,
subject to subsection (8); and
(b) must
submit to surveillance or monitoring as ordered by a speciality court or a
CCO.
(3) The term of a
curfew requirement must be set by the court when it imposes the requirement;
but the requirement must not be imposed so as to result in a curfew
requirement being in force, whether under a PSO or an ISO or a sentence of
CSI, for a continuous period that exceeds 6 months.
(4) The term of a
curfew is concurrent with the term of any other curfew requirement applicable
to the offender under another PSO or an ISO or a sentence of CSI unless the
court orders otherwise.
(5) At any one time
the aggregate of the unexpired terms of curfew requirements applicable to the
offender under PSOs or ISOs or sentences of CSI must not exceed 6 months.
(6) The court may give
directions as to the periods when the offender ought to be subject to a
curfew.
(7) The offender is
not to be required by the curfew requirement to remain at a place for periods
that amount to less than 2 or more than 12 hours in any one day.
(8) The offender may
only leave the specified place during a specified period —
(a) to
obtain urgent medical or dental treatment for the offender; or
(b) for
the purpose of averting or minimising a serious risk of death or injury to the
offender or to another person; or
(c) to
obey an order issued under a written law (such as a summons) requiring the
offender’s presence elsewhere; or
(d) for
a purpose approved of by a CCO; or
(e) on
the order of a CCO.
(9) The curfew
requirement ceases to be in force when its term ends, or when the PSO ceases
to be in force, whichever happens first.
(10) Without limiting
the means by which the offender may be kept under surveillance or monitored, a
speciality court or a CCO may, for the purposes of subsection (2)(b), order an
offender to do 1 or more of the following —
(a) wear
an approved electronic monitoring device;
(b)
permit the installation of an approved electronic monitoring device at the
place where the offender resides;
(c)
charge the approved electronic monitoring device so as to ensure the device is
at all times operational;
(d) not
enter 1 or more areas of the State stated in a written notice given to the
offender by the speciality court or the CCO.
(10A) A person given
an order under subsection (10)(a), (b) or (c) must comply with the order.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(10B) A person given
an order under subsection (10)(d) must comply with the order, unless the
person has a reasonable excuse.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(11) A CCO may give
such reasonable directions to the offender as are necessary for the proper
administration of the curfew requirement.
(12) Without limiting
subsection (11), if the offender is authorised under subsection (8) to leave
the specified place, a CCO may give directions as to —
(a) when
the offender may leave; and
(b) the
period of the authorised absence; and
(c) when
the offender must return; and
(d) the
method of travel to be used by the offender during the absence; and
(e) the
manner in which the offender must report his or her whereabouts.
(13) To ascertain
whether or not the offender is complying with the curfew requirement, a CCO
may, at any time —
(a)
enter or telephone the specified place; or
(b)
enter or telephone the offender’s place of employment or any other place
where the offender is authorised or required to attend; or
(c)
question any person at any place referred to in paragraph (a) or (b).
(14) A person must not
—
(a)
hinder a person exercising powers under subsection (13); or
(b) fail
to answer a question put pursuant to subsection (13)(c) or give an answer that
the person knows is false or misleading in a material particular.
Penalty: $2 000 and imprisonment for 12 months.
(15) In this section
—
specified means specified by a speciality court or
the CEO (corrections) from time to time.
Note for this section:
See the
Sentence Administration Act 2003 section 118A for an evidentiary provision
for proceedings for an offence against subsection (10A) or (10B).
[Section 33H inserted: No. 50 of 2003 s. 6;
amended: No. 27 of 2004 s. 6(4); No. 65 of 2006 s. 49; No. 13 of 2020 s. 5;
No. 28 of 2024 s. 62.]