Community Protection (Offender Reporting) Act 2004
In ForceWA
Jurisdiction
Western Australia
Collection
act
Plain English Summary
8/10 complexity
This Act creates a statutory system requiring certain offenders to report personal, travel and contact details to police, maintain ongoing reports (including child‑contact notifications), and submit to entry on a central Offender Register. Courts and the Commissioner can impose, suspend or revoke reporting obligations (including special juvenile and past‑offender processes); failure or false reporting carries criminal penalties.
The obligations fall on people convicted or otherwise defined as "reportable offenders"; they bear the compliance costs and limits on name changes and mobility, while police and the Commissioner administer, enforce and control access to the Register.
The Community Protection (Offender Reporting) Act 2004 (WA) requires certain offenders to register with police and keep them informed of their whereabouts and personal details for specified periods following conviction. Its long title describes its purpose as reducing the likelihood of re-offending and facilitating the investigation and prosecution of any future offences that offenders may commit, and enabling publication of information about certain offenders and court orders prohibiting specified conduct.
The Act creates the Western Australian sex and serious offender register, establishes the Commissioner of Police as the responsible authority, and provides for cooperation with equivalent schemes in other jurisdictions through a national recognition framework.
Main concepts
Reportable offender (s 3, s 6): A person who has been found guilty of a reportable offence (a Class 1, Class 2 or Class 3 offence as defined). Automatic reporting obligations apply on a finding of guilt. The Act also captures corresponding reportable offenders (from other jurisdictions, s 7) and New South Wales reportable offenders (s 8).
Class 1 offence (s 10): Offences listed in Schedule 1. These are the most serious category, primarily serious sexual offences, sexual offences against children, and prescribed equivalent foreign jurisdiction offences. A Class 1 offence triggers a longer reporting period and life-time obligations more readily than a Class 2 offence.
Current sections
Direct links to the current provisions in Community Protection (Offender Reporting) Act 2004.
Commissioner may apply for past offender reporting orders 27
15A. Court may make past offender reporting orders 28
15B. Consent orders 29
Division 3 — General matters relating to reporting orders made under this Part
15C. Terms used 29
15D. Persons who may act on behalf of offender who is child 31
Fixing a hearing 31
Evidence 32
How application to be disposed of 33
Attendance at hearings 33
Class 2 offence (s 11): Offences listed in Schedule 2. Less serious sexual offences than Class 1, but still captured by the reporting regime.
Offender reporting order (s 13, Division 1A): A court order making a person a reportable offender where they are not automatically subject to the regime. Inserted by amendments. Consent orders are available (s 14A).
Juvenile offender reporting orders (ss 14B-14D) and juvenile offender exemption orders (ss 14E-14F): Distinct orders for persons who committed offences as children. Courts may make juvenile offender reporting orders or exempt juveniles from the reporting regime in appropriate cases.
Past offender reporting orders (ss 14-15B, Division 2): The Commissioner may apply for a past offender reporting order where a person committed a reportable offence before the Act commenced but would otherwise have attracted obligations.
Reporting period (s 46): The length of time for which an offender must comply with reporting obligations. It is:
8 years for a single Class 2 offence;
15 years for a single Class 1 offence, two Class 2 offences, two Class 3 offences, or other combinations;
For life where the offender commits escalating or multiple serious offences as specified in section 46(3).
Reportable contact (s 4A): Defined contact with a child that must be reported under the ongoing reporting obligations in subdivision 2 of Division 2.
Community Protection Offender Register (Part 4, s 80): The Commissioner must establish and maintain the register. Access is restricted (s 81) and confidentiality obligations apply (s 82).
Commissioner of Police: The central authority under the Act, responsible for receiving and processing reports, maintaining the Register, approving suspensions of reporting obligations, and making past offender reporting order applications.
Who it affects
Reportable offenders: Persons found guilty of Class 1, 2 or 3 offences, and persons subject to offender reporting orders. They must comply with extensive reporting obligations, submit to DNA, fingerprint and photograph collection, and comply with requirements relating to travel and contact with children.
Juveniles who have committed reportable offences: Subject to a distinct juvenile framework with juvenile reporting orders and the possibility of exemption orders.
The Commissioner of Police and police officers: Receive reports, maintain the Register, exercise enforcement powers, and make applications for past offender orders.
Courts: Make offender reporting orders, juvenile orders, and exemption orders. District Court may grant exemptions from reporting obligations (s 52).
Persons subject to corresponding Acts: Reportable offenders from other Australian states and from New Zealand are captured through the national recognition framework.
Children (as potential victims): The register and reporting obligations are designed to protect children from future contact by reportable offenders.
Publication framework: Part 5A enables the Commissioner to publish information about certain high-risk offenders.
Key obligations
Initial report (ss 24-27): A reportable offender must make an initial report of their personal details to police within the period specified in section 24. The report must include specified personal information under section 26, including name, residential address, employment, vehicle details, and other prescribed matters.
Annual reporting (s 28): Reportable offenders must report annually and as required by the Commissioner.
Reporting changes in personal details (s 29): Any change to relevant personal details must be reported to police within the time prescribed.
Reporting intended absence from WA (s 30): Intended absences from Western Australia must be reported, including the states, territories or countries to be visited, the intended dates, and each address or location at which the offender intends to reside.
Reporting travel plan changes (s 31): Changes to travel plans while out of Western Australia must be reported.
Reporting return to WA (s 32): Reportable offenders must report their return to Western Australia after an absence.
Reporting contact with children (s 33A): Ongoing reporting of reportable contact with a child is required. Exemptions from this obligation may be granted (s 33B) and cease in specified circumstances (s 33C).
Submission to collection of identifying material (ss 39-41): Police may take fingerprints (s 39), photographs (s 40) and DNA profiles (s 40A) from reportable offenders. Reasonable force may be used (s 41).
Powers and discretions
Commissioner's approval of suspension (ss 61-62): The Commissioner may approve a suspension of reporting obligations in appropriate circumstances. An approval ceases in the circumstances specified in section 62.
District Court exemption (ss 52-60): An offender may apply to the District Court to be exempted from reporting obligations. The Commissioner and certain chief executives are entitled to be parties (s 54). The court may order a suspension of obligations pending the application (s 53).
Publication of information (Part 5A): The Commissioner may publish personal details of certain high-risk reportable offenders under Division 2 of Part 5A (s 85F) and may provide information to parents and other persons with a child protection purpose.
Protection orders (Part 5): Courts may make protection orders prohibiting reportable offenders from engaging in specified conduct in relation to children.
Witness protection program modifications (Division 10, Part 3): Where an offender is a participant in a witness protection program, reporting obligations may be modified to protect the person's safety (ss 74-79).
Penalties and enforcement
Failure to comply with reporting obligations (s 63): A reportable offender who, without reasonable excuse, fails to comply with any reporting obligation commits a crime. Maximum penalty: 5 years imprisonment. Summary conviction penalty: 2 years imprisonment and a $24,000 fine. The court must consider specified factors in determining whether a reasonable excuse exists, including the person's age, disability, and adequacy of notification (s 63(2)). It is a defence if the person was not aware of the obligation (s 63(3)).
Providing false or misleading information (s 64): A person who provides false or misleading information in purported compliance with the Act commits an offence.
No time limit for prosecutions (s 65): There is no time limit for prosecuting offences against Part 3. This is a significant departure from usual limitation periods for criminal offences.
Bar to prosecution for failing to report leaving WA (s 66): A specific bar applies in certain circumstances where an offender failed to report their intended departure from Western Australia.
National recognition: Corresponding reportable offenders (from other jurisdictions) who fail to comply with their WA obligations are also subject to prosecution.
Process and timelines
Initial report timing (s 24): The initial report must be made within a period calculated by reference to the date of finding of guilt and the nature of any sentence (immediate custody, community order, suspended sentence, etc.).
Annual reporting: Once per year plus as required by the Commissioner.
Reporting changes within specified period: Changes to personal details must be reported within the applicable period after the change occurs.
Absence reporting: Intended absences from WA must be reported within a specified period before the departure date.
Application for exemption (ss 52-60): An offender may apply to the District Court for an exemption from reporting. The court may suspend obligations pending the application. Costs may not be awarded against either party (s 56). If an application is unsuccessful, there are restrictions on re-applying (s 58).
Reporting period commencement (s 45): Reporting obligations begin on the day the offender is released from prison for the reportable offence (or on the day of sentencing if no custodial sentence is imposed).
Interactions with other law
Corresponding Acts (national recognition): Section 7 captures corresponding reportable offenders from other jurisdictions. Corresponding Acts are prescribed by regulation. The Act operates as part of a national offender reporting framework with equivalent legislation in each state and territory.
New South Wales reportable offenders (s 8): A specific provision for NSW reportable offenders reflecting the national recognition arrangement with NSW.
Sentencing Act 1995 (WA) / Young Offenders Act 1994 (WA): The definition of community order in section 3 refers to community based orders and other community supervision orders under these Acts. The initial report timing in section 24 is calibrated by reference to sentence types under WA sentencing legislation.
Criminal Law (Mental Impairment) Act 2023 (WA): The definition of community order references community supervision orders under this Act, reflecting the Act's coverage of mentally impaired persons who have committed reportable offences.
Police Act 1892 (WA): The Commissioner is defined by reference to the Commissioner of Police under the Police Act 1892.
Privacy legislation: The confidentiality provisions in section 82 and the restriction on access to the Register (s 81) interact with privacy laws applicable to personal information held by police.
Gotchas
No time limit on prosecution (s 65): Unlike most criminal offences, there is no limitation period for prosecuting offences under Part 3. A reportable offender who failed to comply with an obligation 10 years ago can still be prosecuted.
Lifetime obligations can trigger through combinations of offences: Section 46(3)'s lifetime reporting period can be triggered not just by one very serious offence, but by combinations of Class 1, 2 and 3 offences over time. Practitioners advising clients on guilty pleas must carefully analyse how the plea will affect the client's reporting period, particularly if they have prior reportable offences.
Reporting obligations begin even if sentence is suspended or non-custodial: Where no custodial sentence is imposed, reporting obligations begin at sentencing. A person who receives a suspended sentence may not appreciate they are immediately required to report to police.
The reasonable excuse defence is qualified: Section 63(3) provides a defence where the person was not aware of their reporting obligations, but the courts must have regard to the specified factors in section 63(2). The adequacy of notification by police is a relevant consideration.
Class 3 offences exist but are not yet in force: Section 12 states it has not come into operation. Practitioners should check the current status of the Class 3 offence provisions.
Juvenile exemption orders can lapse (s 33C): A juvenile offender exemption from ongoing reporting of contact with a child can cease in specified circumstances. The conditions triggering cessation must be monitored.
Practical examples
Example 1: Single Class 1 conviction. A person is found guilty of a serious sexual offence against a child (a Class 1 offence listed in Schedule 1). On release from prison, they must make an initial report under section 24. They are then subject to annual reporting, must report changes to personal details, must report intended travel outside WA, and must report contact with children. The reporting period is 15 years under section 46(2)(a) (assuming no prior reportable offences).
Example 2: Escalating offending. A reportable offender who is subject to a 15-year reporting period from a prior Class 1 offence commits a further Class 1 offence. Under section 46(3)(a), their reporting obligations become life-long.
Example 3: Failure to report travel. A reportable offender leaves Western Australia to visit a relative in Queensland without making the required report under section 30. They are prosecuted under section 63. The prosecution need not be commenced within any limitation period (s 65). The maximum penalty is 5 years imprisonment. The court considers whether the offender had a reasonable excuse by reference to section 63(2), including whether they had received adequate notification of the obligation.
Example 4: Exemption application. A reportable offender who has complied with all obligations for 10 years and presents evidence of rehabilitation applies to the District Court under section 52 for an exemption from their remaining reporting obligations. The Commissioner is entitled to be a party (s 54) and may oppose the application. If the application fails, section 58 restricts the offender's right to re-apply.
Notification of orders made in absence of respondent 33
Appeals 34
Appeal does not stay order 36
Part 3 — Reporting obligations
Division 1 — Initial report
When report must be made 37
When new initial report must be made by offender whose previous reporting obligations have ceased 39
Initial report by reportable offender of personal details 41
Persons required to report under corresponding Act 47
Division 2 — Ongoing reporting obligations
Subdivision 1 — General
Reportable offender to report annually and as required by Commissioner 48
Reportable offender to report changes to relevant personal details 49
29A. Intended absence from place of residence to be reported 50
Intended absence from Western Australia to be reported 52
Change of travel plans while out of Western Australia to be reported 53
Reportable offender to report return to Western Australia or decision not to leave 54
Report of other absences from Western Australia 54
Subdivision 2 — Reportable contact with child
33A. Ongoing reporting of reportable contact with child 55
33B. Exemption from ongoing reporting of reportable contact with child 55
33C. When exemptions end 56
33D. Reporting of reportable contact with child ceasing for 60 days 57
Division 3 — Provisions applying to all reporting obligations
Where reports must be made 58
How reports must be made 59
Right to privacy and support when reporting 60
Receipt of information to be acknowledged 60
Additional matters to be provided 62
Power to take fingerprints 65
Power to take photographs 65
40A. Power to obtain DNA profiles 66
Reasonable force may be used to obtain DNA profiles, fingerprints and photographs 67
Retention of material for certain purposes 68
Reporting by remote offenders 69
43A. Time for reporting 70
43B. Powers additional 70
Division 4 — Suspension and extension of reporting obligations
Suspension and extension of reporting obligations 70
Division 5 — Reporting period
When reporting obligations begin 71
Length of reporting period 72
Reduced period applies for young reportable offenders 74
Extended reporting period if reportable offender still on parole 74
Reporting period for corresponding reportable offenders 74
Reporting period for New South Wales reportable offenders 75
Division 6 — Exemption from reporting obligations
Application of Division 76
District Court may exempt certain reportable offenders 76
Order for suspension 77
Commissioner and certain chief executive officers entitled to be parties to proceedings 77
Commissioner to be notified of order 78
No costs to be awarded 79
Applications not to be heard in public on application of party to proceedings 79
Restriction on right of unsuccessful applicant to re‑apply for order 79
Cessation of order 79
Application for new order 80
Division 7 — Suspension of reporting obligations of certain reportable offenders
Commissioner may approve suspension of reporting obligations 81
Cessation of approval 82
Division 8 — Offences
Failure to comply with reporting obligations 83
Providing false or misleading information 84
No time limit for prosecutions 84
Bar to prosecution for failing to report leaving Western Australia 84
Division 9 — Notification of reporting obligations
Notice to be given to reportable offender 85
Courts to provide sentencing information to Commissioner 86
Notice to be given when reporting period changes 86
Supervising authority to notify Commissioner of certain events 87
Notices may be given by Commissioner 87
Power of detention to enable notice to be given 88
Failure to comply with procedural requirements does not affect reportable offender’s obligations 89
Division 10 — Modified reporting procedures for participants in witness protection programs
Term used: witness protection program 89
Application of this Division 89
Report need not be made in person 90
Determination as to whether this Division applies 90
When determination takes effect 91
Modification of reporting obligations 91
Part 4A — Change of name
80A. Terms used 93
80B. Application 93
80C. Application for change of name by or in respect of reportable offender 93
80D. Approval by Commissioner 94
80E. Registration of change of name 95
80F. WA Registrar to correct Registration Act Register 96
80G. Exchange of information between Commissioner and WA Registrar 96
Part 4 — Community Protection Offender Register
Requirement to establish and maintain Community Protection Offender Register 98
Access to Register to be restricted 99
Confidentiality 99
82A. Delegation by Commissioner 101
Restriction on who may access personal information on protected witnesses 102
Reportable offender’s rights in relation to Register 102
Part 5A — Publication of information about offenders
Division 1 — Preliminary
85A. Terms used 103
85B. Delegation by Commissioner 104
85C. Commissioner not required to publish or provide information 105
85D. Restriction on information about protected witnesses 105
Division 2 — Commissioner may publish information
85E. Application 105
85F. Commissioner may publish personal details of certain reportable offenders 105
85G. Commissioner may publish photograph and locality of certain persons 107
85GA. Notice to give address and photograph to Commissioner 109
85GB. Authorisation by Minister to publish photograph and locality in relation to certain offences 110
85H. Removal of photograph and locality from website 111
85I. Commissioner may take into account certain matters 112
85J. Commissioner may inform child’s parent or guardian whether specified person is reportable offender 114
85K. Protection as to publication and other provision of information 115
Division 3 — Offences
85L. Conduct intended to incite animosity towards or harassment of identified offenders 116
85M. Publication, display and distribution of identifying information 117
Part 5 — Protection orders
Division 1 — Preliminary
Terms used 119
Evidence 120
Division 2 — Orders
Commissioner may apply for orders 121
Fixing a hearing 121
How application to be disposed of 121
Court may make child protection orders 122
Term of child protection orders 123
Interim child protection orders 124
Conduct that may be subject of orders 125
94A. Reportable offenders may be required to undergo assessment and treatment 127
94B. Reportable offenders may be required to submit to tests or give samples for analysis 128
94C. Authorised police officers may enter premises to inspect electronic devices 131
Explanation of orders 132
Consent orders 132
Division 3 — Variation or revocation
Variation or revocation of child protection orders 133
Fixing a hearing 134
How application to be disposed of 134
Division 4 — Attendance at hearings
Attendance at hearings 135
Notification of orders made in absence of respondent 135
Division 5 — Offence
Failure to comply with orders 136
Division 6 — Appeals
Appeals 136
Appeal does not stay order 137
Division 7 — Miscellaneous
Applications not to be heard in public 137
Restriction on publication of identity of reportable offenders and victims 138
Protection orders have no effect to extent of inconsistency with certain other orders 139
Recognition of protection orders made in other jurisdictions 140
Part 5B — Power to enter and search premises and vehicles in relation to serious reportable offenders
108A. Serious reportable offenders 141
108B. Restriction on exercise of powers under Part 142
108C. Additional police powers in relation to serious reportable offenders may be exercised without warrant 142
108D. Use of force when exercising powers under this Part 142
108E. Entry to and search of premises and vehicles in relation to serious reportable offenders 143
108F. Power to seize things relevant to offences 145
Part 6 — Other matters
Protection from liability 146
109A. Assistance when exercising powers 146
110A. Public authorities to provide Commissioner with certain information 146
Delegation by Commissioner 148
Effect of spent convictions 149
Civil standard of proof 149
Certificate concerning evidence 149
Regulations 150
Minister to review and report on Act 153
Part 7 — Transitional matters and consequential amendment
Division 1 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2008
115A. Transitional arrangements for certain offenders 154
Division 2 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act (No. 2) 2012 and consequential amendment
115B. Further transitional arrangements for certain offenders sentenced for Class 2 offences 155
Division 3 — Transitional matters relating to Community Protection (Offender Reporting) Amendment Act 2024
Subdivision 1 — General
Interpretation Act 1984 not affected 156
Transitional regulations 156
Subdivision 2 — Stage 1 transitional provisions
Term used: commencement day 158
Notifying reporting obligations and reporting periods before commencement day 158
Reporting period and reporting obligations in relation to person who was reportable offender or committed offence before commencement day 159
Reporting period in relation to reportable offender in immigration detention before commencement day 160
References to personal details of reportable offenders before commencement day 161
Application to person not sentenced before commencement day 162
Application of powers in relation to person who was reportable offender, or in relation to offence committed, before commencement day 162
Minister may revoke authorisations to publish photograph and locality given before commencement day 162
Subdivision 3 — Stage 2 transitional provisions
Term used: commencement day 163
Juvenile offender reporting orders in relation to offenders not sentenced before commencement day 163
Reportable offences sentenced before commencement day 164
Reporting period in relation to person who was reportable offender or committed offence before commencement day 165
Reportable offender who committed offence as child in foreign jurisdiction before commencement day 165
Past offender reporting orders made before commencement day 166
Application to person not sentenced before commencement day 166
Application of powers in relation to person who was reportable offender before commencement day 166
Schedule 1 — Class 1 offences
Schedule 2 — Class 2 offences
Notes
Compilation table 171
Uncommenced provisions table 173
Other notes 173
Defined terms
Western Australia
Community Protection (Offender Reporting) Act 2004
An Act to require certain offenders who commit sexual or certain other serious offences to keep police informed of their whereabouts and other personal details for a period of time to reduce the likelihood that they will re‑offend and to facilitate the investigation and prosecution of any future offences that they may commit, to enable information to be published about certain offenders, to enable courts to make orders prohibiting certain offenders from engaging in specified conduct, and for related purposes.
[Long title amended: No. 1 of 2012 s. 4.]
Part 1 — Preliminary matters
1. Short title
This Act may be cited as the Community Protection (Offender Reporting) Act 2004.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisions.
3. Terms used
In this Act, unless the context otherwise requires —
approved place means a place approved by the Commissioner under section 34(1)(b);
authorised person means a police officer or a person, or a person who falls within a class of persons, prescribed by the regulations;
child means a person who is under 18 years of age;
Class 1 offence has the meaning given to that term in section 10;
Class 2 offence has the meaning given to that term in section 11;
Class 3 offence has the meaning given to that term in section 12;
commencement day means the day on which section 24 comes into operation;
Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
community order means —
(a) a community based order or intensive supervision order made under the Sentencing Act 1995; or
(b) a youth community based order or intensive youth supervision order made under the Young Offenders Act 1994; or
(c) a community supervision order or an interim or extended community supervision order under the Criminal Law (Mental Impairment) Act 2023, or an interim disposition under section 205(1)(b) of that Act;
corresponding Act means a law of a foreign jurisdiction that —
(a) provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and
(b) is prescribed to be a corresponding Act for the purposes of this Act;
corresponding juvenile offender exemption order means an order of a prescribed class of court orders that —
(a) are made under a corresponding Act; and
(b) exempt an offender from being a reportable offender (however described) under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender non‑registration order means an order of a prescribed class of court orders that —
(a) are made under a corresponding Act; and
(b) have the effect of not subjecting an offender to requirements for the offender to report under a corresponding Act in relation to an offence committed by the offender when they were a child;
corresponding juvenile offender reporting order means an order of a prescribed class of court orders that —
(a) are made under a corresponding Act; and
(b) have the effect of requiring an offender to report under a corresponding Act in relation to an offence committed by the
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