Western Australian Current Acts Western Australian Current Acts (1) In this Act
—
approved electronic monitoring device means
—
(a) an
electronic monitoring device that has been approved by the CEO (corrections);
and
(b) any
equipment, wires or other items associated with a device under paragraph (a);
bail means bail under the Bail Act 1982 ;
breach , in relation to an order made under this
Act, means to contravene any requirement or obligation of the order or any
direction made by the court imposing the order;
CEO (corrections) means the chief executive
officer of the Public Sector agency principally assisting the Minister
administering Part 8 of the Sentence Administration Act 2003 in its
administration;
community based order (“CBO”) means a
community based order made under Part 9;
community corrections centre has the same
definition as in the Sentence Administration Act 2003 ;
community corrections officer (“CCO”)
has the same definition as in the Sentence Administration Act 2003 ;
community order means a CBO or an ISO;
community work includes any form of work, service,
or activity approved for the purpose of this definition by the CEO
(corrections);
conditional release order (“CRO”)
means a conditional release order made under Part 7;
conditional suspended imprisonment
(“CSI”) means conditional suspended imprisonment imposed under
Part 12 Division 1;
designated family relationship means a
relationship between 2 persons —
(a) who
are, or were, married to each other; or
(b) who
are, or were, in a de facto relationship with each other; or
(c) who
have, or had, an intimate personal relationship with each other; or
(d) one
of whom is a child who —
(i)
ordinarily resides, or resided, with the other person; or
(ii)
regularly resides or stays, or resided or stayed, with
the other person;
or
(e) one
of whom is, or was, a child of whom the other person is a guardian;
disqualification order means an order made under
Part 15;
explosive means a substance or an article that is
controlled as an explosive under the Dangerous Goods Safety Act 2004 ;
family violence offence (category A) means an
offence where the offender and the victim are in a designated family
relationship with each other at the time of the commission of the offence and
the offence is an offence against The Criminal Code section 221BD, 279, 280,
281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324,
325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444;
family violence offence (category B) means an
offence where the offender and the victim are in a designated family
relationship with each other at the time of the commission of the offence and
the offence is —
(a) an
offence against the Restraining Orders Act 1997 section 61(1) or (1A); or
(b) an
offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293,
294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332,
333, 338A, 338B, 338C, 338E or 444;
family violence restraining order has the meaning
given in the Restraining Orders Act 1997 section 3(1);
intensive supervision order (“ISO”)
means an intensive supervision order made under Part 10;
offence means an offence under a written law;
offender means a person convicted of an offence;
parole eligibility order has the meaning given in
section 89(1);
prescribed means prescribed in the regulations;
pre-sentence order (“PSO”) means a
pre-sentence order made under Part 3A;
Prisoners Review Board means the Prisoners Review
Board established under the Sentence Administration Act 2003 ;
serial family violence offender means a person who
is a serial family violence offender under section 124E;
speciality court means a court —
(a) that
is prescribed; and
(b) that
is sitting at a place prescribed; and
(c) that
is dealing with offenders of a class prescribed,
by the regulations and that is constituted by a
judicial officer who is approved by the judicial officer who heads the court
so prescribed;
spent conviction order has the meaning given by
section 45(2);
statutory penalty , in relation to an offence,
means the penalty specified by a written law for the offence;
superior court means the Supreme Court or the
District Court;
written reasons includes reasons that are —
(a)
given orally and subsequently transcribed; and
(b)
given orally but also recorded electronically in a format that enables them to
be subsequently transcribed.
(1A) For the purposes
of the definition of designated family relationship in subsection (1), an
intimate personal relationship exists between 2 persons (including persons of
the same sex) if —
(a) the
persons are engaged to be married to each other, including a betrothal under
cultural or religious tradition; or
(b) the
persons date each other, or have a romantic involvement with each other,
whether or not a sexual relationship is involved.
(1B) In deciding
whether an intimate personal relationship exists under subsection (1A)(b), the
following may be taken into account —
(a) the
circumstances of the relationship, including, for example, the level of trust
and commitment;
(b) the
length of time the relationship has existed;
(c) the
frequency of contact between the persons;
(d) the
level of intimacy between the persons.
(2) In this Act these
abbreviations are used:
CBO for community based order;
CCO for community corrections officer;
CRO for conditional release order;
CSI for conditional suspended imprisonment;
DPP for Director of Public Prosecutions of the
State;
ISO for intensive supervision order;
PSO for pre-sentence order.
(3) Examples in this
Act are provided to assist understanding and do not form part of the Act.
(4) In this Act a
reference to the suspension of a term or terms of imprisonment is a reference
to a suspension of —
(a) the
whole of the term or terms; or
(b) part
of the term or terms.
[Section 4 amended: No. 50 of 2003 s. 4, 14, 23
and 29(3); No. 84 of 2004 s. 65; No. 27 of 2004 s. 6(1) and (2); No. 65 of
2006 s. 45; No. 45 of 2016 s. 61; No. 13 of 2020 s. 4; No. 30 of 2020 s. 14;
No. 28 of 2024 s. 61.]