Community Protection (Offender Reporting) Regulations 2004 (Western Australia)

The Community Protection (Offender Reporting) Regulations 2004 (WA) give detailed, operational content to the Community Protection (Offender Reporting) Act 2004 by prescribing who, how and by what procedures reportable offenders must report, how samples and analyses are taken and evidenced, how protection orders from other jurisdictions are recognised and operated in Western Australia, and which external laws and orders are treated as “corresponding” for the Act’s purposes. The Regulations commence 1 February 2005 (r 2) and have been amended repeatedly; the compilation table at the end records amendments through 2025.

Mechanically, the Regulations do the following categories of work:

Define and prescribe key terms used by the Act, for example authorised sample collector, analyst, breath test, breath testing equipment and blood sampling equipment (r 3). These definitions fix professional qualifications and equipment standards relied on elsewhere in the Act and Regulations.
Prescribe which foreign, interstate and overseas statutes and orders are “corresponding” (regs 5, 5A-6, 21). That makes orders and registrations under specified other laws trigger WA reporting and recognition processes under the Act.
Allocate supervising authority responsibility by class of offender and custody/placement status (r 7). The chief executive of the Department of Justice, the Department of Health and the Disability Services Commission are each prescribed in particular circumstances.
Set procedures for reporting, including electronic reporting, and impose specific evidential and procedural requirements: e.g. photographs to be included with electronic reports, the form of unique reference number or acknowledgement for online or email reports, and the Commissioner’s nomination of email/postal addresses for contacting authorised persons (rr 14AA, 14A, 12).

CrestWestern Australia

Community Protection (Offender Reporting) Act 2004

Community Protection (Offender Reporting) Regulations 2004

Western Australia

Community Protection (Offender Reporting) Regulations 2004

Contents

Citation 1
Commencement 1
Terms used 1
Authorised persons (s. 3) 3
Corresponding Acts (s. 3) 3

5A. Corresponding juvenile offender exemption orders (s. 3) 4

5B. Corresponding juvenile offender non‑registration orders (s. 3) 4

5C. Corresponding juvenile offender reporting orders (s. 3) 4

Corresponding offender reporting orders (s. 3) 5

6A. Sentences (s. 3) 6

Supervising authorities (s. 3) 7

7A. Reportable contact details (s. 4B) 8

Offences — relevance if committed by child (s. 6) 8
Foreign witness protection laws (s. 6 and 75) 9
Specified date for determining New South Wales reportable offenders (s. 8) 9

11A. Class 1 offences (s. 10) 9

Class 2 offences (s. 11) 10
Means of contacting authorised person for certain persons entering Western Australia (s. 27) 12
Manner of reporting change of reportable offender’s travel plans while out of Western Australia (s. 31) 12
Directions as to police station or approved place at which reportable offender must report (s. 34) 12

14AA. Photographs to be included in report made electronically 12

14A. Manner in which unique reference number or acknowledgment may be given (s. 37) 14

Prescribed form of identification (s. 38(2A)(a)(iv)) 15
Prescribed distance — reporting by remote offenders (s. 43) 15
Persons required to give notice of reporting obligations etc. to reportable offenders (s. 67) 16
Details to be included in notice given by supervising authority to Commissioner (s. 70) 17

20A. Agency officials to whom and circumstances in which disclosure can be made (s. 82) 17

20B. Delegation by Commissioner (s. 82A) 19

Corresponding protection orders (s. 85) 19
Application for recognition of corresponding protection orders (s. 108(2)(a)) 20
Recognition of corresponding protection orders (s. 108(2)(b)) 21
Effect of recognition of corresponding protection orders (s. 108(2)(d)) 21
Variation or revocation of recognised order in a foreign jurisdiction 22

26A. Authorisation of absences from assessment or treatment (s. 94A(5)(a)) 23

26B. Reports by persons providing assessment or administering treatment (s. 94A(5)(c)) 25

26C. Manner of making requirement to give a sample (s. 94B(8)(a)) 25

26D. Manner of conducting breath test (s. 94B(8)(b)) 26

26E. Authorised sample collectors to take or collect samples (s. 94B(8)(b)) 27

26F. Manner of taking sample of blood or collecting sample of urine (s. 94B(8)(b)) 27

26G. Collection of samples (s. 94B(8)(e)) 29

26H. Authorisation of persons as analysts (s. 94B(8)(c)) 30

26I. Reporting results of analysis (s. 94B(8)(d)) 30

26K. Certificate evidence (s. 94B(8)(i)) 31

26L. Prescribed offences under law of foreign jurisdiction (s. 108A) 32

Forms 33

Schedule 1 — Forms

Summons: Application for order 34
Summons: Further hearing after interim order 36
Summons: Application to vary or revoke child protection order 38
Request to take sample of blood or urine (r. 26F(2)) 40
Certificate of authorised sample collector (r. 26G(5)) 42
Certificate of analyst (r. 26I(3)) 44

Notes

Compilation table 46

Defined terms

Community Protection (Offender Reporting) Act 2004

Community Protection (Offender Reporting) Regulations 2004

1. Citation

These regulations are the Community Protection (Offender Reporting) Regulations 2004 1.

2. Commencement

These regulations come into operation on 1 February 2005.

3. Terms used

In these regulations —

analyst means a person authorised under regulation 26H(2);

authorised breath tester has the meaning given in regulation 26D(1);

authorised sample collector means a medical practitioner, a registered nurse or a phlebotomist;

blood alcohol content means the concentration of alcohol in a person’s blood, expressed in grams of alcohol per 100 ml of blood;

blood sampling equipment has the meaning given in regulation 26F(1);

Breath Analysis Regulations means the Road Traffic (Breath Analysis) Regulations 1975;

breath test means a test of a sample of a reportable offender’s breath under section 94B(2)(a) of the Act by means of breath testing equipment;

breath testing equipment means a type of apparatus that is approved under the Road Traffic Act 1974 section 72(2)(a) or (b);

Department of Justice means the department of the Public Service principally assisting in the administration of the Prisons Act 1981;

foreign court means a court of a foreign jurisdiction;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

phlebotomist means the holder of a current certificate of competency in phlebotomy issued by an Australian public hospital or teaching facility;

recognised order means a corresponding protection order recognised under regulation 23(1);

registered nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse;

registrar has the same meaning as it has in —

(a) the Children’s Court of Western Australia Act 1988; or

(b) the District Court of Western Australia Act 1969,

as the case requires;

relevant court, in relation to a corresponding protection order, means —

(a) if the order is made by a foreign court that corresponds to the Children’s Court — the Children’s Court;

(b) otherwise, the District Court;

urine sampling equipment has the meaning given in regulation 26F(1).

[Regulation 3 inserted: Gazette 1 Jun 2007 p. 2525‑6; amended: Gazette 8 Nov 2013 p. 4995-7; 13 Nov 2018 p. 4433; SL 2021/57 r. 4; SL 2025/142 r. 4.]

4. Authorised persons (s. 3)

A person is prescribed to be an authorised person for the purposes of the definition of that term in section 3 of the Act if the person is —

(a) employed in the department of the Public Service principally assisting in the administration of the Act; and

(b) authorised in writing by the Commissioner for the purposes of this regulation.

[Regulation 4 amended: SL 2025/142 r. 5.]

5. Corresponding Acts (s. 3)

Each of the following laws is prescribed to be a corresponding Act for the purposes of the definition of that term in section 3 of the Act —

(a) the Child Protection (Offenders Registration) Act 2000 of New South Wales;

(b) the Sex Offenders Registration Act 2004 of Victoria;

(d) the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;

(e) the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

(f) the Community Protection (Offender Reporting) Act 2005 of Tasmania;

(g) the Child Sex Offenders Registration Act 2006 of South Australia;

(h) the Sexual Offences Act 2003 (United Kingdom);

(i) the Sex Offender Information Registration Act (2004 c. 10) (Canada);

(j) the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (New Zealand).

[Regulation 5 amended: Gazette 8 Sep 2006 p. 3641; 22 Jun 2007 p. 2862; 28 Mar 2008 p. 914; 25 Nov 2008 p. 4990; 20 Feb 2009 p. 354; SL 2021/192 r. 4.]

5A. Corresponding juvenile offender exemption orders (s. 3)

An order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 122C(10) is a corresponding juvenile offender exemption order for the purposes of the definition of that term in section 3 of the Act.

[Regulation 5A inserted: SL 2025/213 r. 4.]

5B. Corresponding juvenile offender non‑registration orders (s. 3)

Each of the following is a corresponding juvenile offender non‑registration order for the purposes of the definition of that term in section 3 of the Act —

(a) an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) (as in force from time to time before 29 September 2025) and continued under Schedule 2 clause 33(1) of that Act;

(b) a decision made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 9(3) that results in the person not being a registrable offender under that Act.

[Regulation 5B inserted: SL 2025/213 r. 4.]

5C. Corresponding juvenile offender reporting orders (s. 3)

(1) Each of the following is a corresponding juvenile offender reporting order for the purposes of the definition of that term in section 3 of the Act —

(a) an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;

(b) an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13(2) in relation to a Class 1 offence or Class 2 offence;

(c) an order made under the Sex Offenders Registration Act 2004 (Vic) section 11(2) in relation to a Class 1 offence or Class 2 offence;

(d) an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child;

(e) an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9(1) in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.

(2) A reference in subregulation (1) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.

[Regulation 5C inserted: SL 2025/213 r. 4.]

6. Corresponding offender reporting orders (s. 3)

(1) Subject to subregulation (2), each of the following is a corresponding offender reporting order for the purposes of the definition of that term in section 3 of the Act —

(a) an order made under the Child Protection (Offenders Registration) Act 2000 (NSW) section 3C, 3D, 3E or 3F;

(b) an order made under the Child Protection (Offender Reporting and Registration) Act 2004 (NT) section 13;

(c) an order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) section 12B or 12C (including an order taken, under section 96 of that Act, to be an order made under 1 of those sections);

(d) an order made under the Sex Offenders Registration Act 2004 (Vic) section 11;

(e) an order made under the Crimes (Child Sex Offenders) Act 2005 (ACT) section 15 or 18C;

(f) an order made under the Community Protection (Offender Reporting) Act 2005 (Tas) section 6, 7 or 9;

(g) an order made under the Child Sex Offenders Registration Act 2006 (SA) section 9;

(h) an order made under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (NZ) section 9.

(2) An order listed in subregulation (1) is not a corresponding offender reporting order if the order is in relation to a Class 1 offence or Class 2 offence committed by the person when they were a child.

Note for this subregulation:

See regulation 5C for corresponding juvenile offender reporting orders.

(3) A reference in subregulation (2) to a Class 1 offence or Class 2 offence is a reference to those terms as defined in section 3 of the Act.

[Regulation 6 inserted: SL 2025/213 r. 5.]

6A. Sentences (s. 3)

Each of the following is a sentence for the purposes of the definition of that term in section 3 of the Act —

(a) a pre‑sentence order under the Sentencing Act 1995 Part 3A in force on or after 1 June 2007;

(b) 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.

[Regulation 6A inserted: SL 2024/172 r. 4.]

7. Supervising authorities (s. 3)

(1) Except as stated in subregulation (2) or (4), the chief executive officer of the Department of Justice is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is —

(a) in strict government custody (other than a reportable offender who is in immigration detention); or

(b) in government custody (other than a reportable offender who is in immigration detention); or

(d) subject to supervision as a condition of parole; or

(e) an existing licensee.

(2) The chief executive officer of the Department of Health is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a detainee under the CLMI Act unless the offender —

(a) is detained in a prison or detention centre; or

(ba) is a resident as defined in the Declared Places (Mental Impairment) Act 2015 section 3; or

(b) as a condition of being released under a leave of absence order, is subject to supervision by an officer of the Department of Justice.

(3) In subregulation (2) —

Department of Health means the department of the Public Service principally assisting in the administration of the Public Health Act 2016;

detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3;

leave of absence order has the meaning given in the Criminal Law (Mental Impairment) Act 2023 section 77(1);

prison has the same meaning as it has in the Prisons Act 1981 section 3.

(4) The chief executive officer of the Commission is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a resident.

(5) In subregulation (4) —

Commission means the Disability Services Commission referred to in the Disability Services Act 1993 section 6;

resident has the meaning given in the Declared Places (Mental Impairment) Act 2015 section 3.

[Regulation 7 amended: Gazette 1 Jun 2007 p. 2528; 16 Jun 2015 p. 2077‑8; 10 Jan 2017 p. 222; SL 2024/172 r. 5; SL 2025/142 r. 6.]

7A. Reportable contact details (s. 4B)

For the purposes of section 4B(2)(c) of the Act, the frequency of the contact or likely contact with the child is a detail related to reportable contact or likely reportable contact with a child by a reportable offender.

[Regulation 7A inserted: SL 2025/142 r. 7.]

8. Offences — relevance if committed by child (s. 6)

For the purposes of section 6(4) of the Act, the following offences are prescribed —

(aa) an offence under The Criminal Code section 218;

(ab) an offence under The Criminal Code section 219;

(ac) an offence under The Criminal Code section 220;

(a) an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 3 section 60 (deleted);

(b) an offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1996 3 section 101.

[Regulation 8 amended: Gazette 1 Jul 2011 p. 2746‑7.]

9. Foreign witness protection laws (s. 6 and 75)

For the purposes of sections 6(5) and 75(2) of the Act, the following foreign witness protection laws are specified —

(a) the Witness Protection Act 1994 of the Commonwealth;

(b) the Witness Protection Act 1995 of New South Wales;

(d) the Witness Protection Act 2000 of Queensland;

(e) the Witness Protection Act 1996 of South Australia;

(f) the Witness Protection Act 2000 of Tasmania;

(g) the Witness Protection (Northern Territory) Act 2002 (Northern Territory);

(h) the Witness Protection Act 1996 of the Australian Capital Territory.

[Regulation 9 amended: SL 2025/142 r. 8.]

10. Specified date for determining New South Wales reportable offenders (s. 8)

For the purposes of section 8 of the Act, 1 February 2005 is specified.

11A. Class 1 offences (s. 10)

(1) For the purposes of section 10(c) of the Act, the offences under the provisions of the Criminal Code (Commonwealth) listed in the Table are prescribed to be Class 1 offences.

Table

s. 272.8	s. 272.10
s. 272.11	s. 272.12

(2) For the purposes of section 10(c) of the Act, the offences under the Crimes Act 1914 (Commonwealth) sections 50BA and 50BB are Class 1 offences.

(3) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.

[Regulation 11A inserted: Gazette 21 Jan 2011 p. 158; amended: SL 2021/125 r. 4; SL 2025/142 r. 9.]

11. Class 2 offences (s. 11)

(1) For the purposes of section 11(c) of the Act, the offences under the provisions of the Criminal Code (Commonwealth) listed in the Table are prescribed to be Class 2 offences.

Table

s. 271.4	s. 271.7	s. 272.9
s. 272.13	s. 272.14	s. 272.15
s. 272.15A	s. 272.18	s. 272.19
s. 272.20	s. 273.5	s. 273.6
s. 273.7	s. 273A.1	s. 471.16
s. 471.17	s. 471.19	s. 471.20
s. 471.22	s. 471.24	s. 471.25
s. 471.25A	s. 471.26	s. 474.19
s. 474.20	s. 474.22	s. 474.22A
s. 474.23	s. 474.23A	s. 474.24A
s. 474.25A	s. 474.25B	s. 474.25C
s. 474.26	s. 474.27	s. 474.27AA
s. 474.27A

(2) For the purposes of section 11(c) of the Act, the offences under the provisions of the Crimes Act 1914 (Commonwealth) listed in the Table are Class 2 offences.

Table

s. 50BC	s. 50BD
s. 50DA	s. 50DB

(3) For the purposes of section 11(c) of the Act, the following are Class 2 offences —

(a) an offence under the Customs Act 1901 (Commonwealth) section 233BAB if it involves items of child abuse material;

(b) an offence under the Customs Act 1901 (Commonwealth) section 233BAB as in force from time to time before 21 September 2019 if it involves items of child pornography or child abuse material.

(4) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.

[Regulation 11 inserted: Gazette 21 Jan 2011 p. 158; amended: SL 2021/125 r. 5; SL 2025/142 r. 10.]

12. Means of contacting authorised person for certain persons entering Western Australia (s. 27)

(1) For the purposes of section 27(2) of the Act, the following means of contacting an authorised person are prescribed —

[(a) deleted]

(b) by email;

(2) The Commissioner is to nominate the relevant email address and postal address for the purposes of subregulation (1).

[Regulation 12 amended: SL 2025/142 r. 11.]

13. Manner of reporting change of reportable offender’s travel plans while out of Western Australia (s. 31)

For the purposes of section 31(3)(b) of the Act, the reportable offender is permitted to make a report by mail to a postal address nominated by the Commissioner.

14. Directions as to police station or approved place at which reportable offender must report (s. 34)

For the purposes of section 34(1)(c) of the Act, a direction as to the police station or approved place at which a report is to be made may be given by an approved person.

14AA. Photographs to be included in report made electronically

(1) In this regulation —

online reporting tool has the meaning given in regulation 14A(1).

(2) This regulation applies to a reportable offender who —

(a) is permitted by the Commissioner under section 35(2)(b)(iii) of the Act to make a report (an electronic report) using the online reporting tool or by email; and

(b) makes an electronic report.

(3) The reportable offender must include or cause to be included in the electronic report a photograph of the reportable offender’s head and face that —

(a) is of a type suitable for use in an Australian passport; and

(b) is taken immediately before or at the time the electronic report is made.

Penalty for this subregulation: a fine of $6 000.

(4) If the electronic report is made under section 26(1) or 28(1) or (4) of the Act, the reportable offender must include or cause to be included in the electronic report a photograph, taken immediately before or at the time the electronic report is made, of —

(a) any tattoo or permanent distinguishing mark the reportable offender has; and

(b) if the reportable offender had a tattoo or permanent distinguishing mark that was removed before the electronic report is made — the location where the tattoo or permanent distinguishing mark previously appeared.

Penalty for this subregulation: a fine of $6 000.

(5) Subregulation (4)(b) does not apply in relation to an electronic report made by the reportable offender under section 28(1) or (4) of the Act if —

(a) the reportable offender has previously provided, under this regulation, a photograph, after the removal of the tattoo or permanent distinguishing mark, of the location where the tattoo or permanent distinguishing mark previously appeared; or

(b) a photograph was taken under section 40(1)(a) of the Act, after the removal of the tattoo or permanent distinguishing mark, of the location where the tattoo or permanent distinguishing mark previously appeared.

(6) Subregulation (7) applies if the electronic report —

(a) is made under section 29(1) of the Act; and

(b) relates to a change in the reportable offender’s personal details involving a tattoo or permanent distinguishing mark.

(7) The reportable offender must include or cause to be included in the electronic report a photograph, taken immediately before or at the time the electronic report is made, of —

(a) if the tattoo or permanent distinguishing mark has been removed — the location where the tattoo or permanent distinguishing mark previously appeared; or

(b) otherwise — the tattoo or permanent distinguishing mark.

Penalty for this subregulation: a fine of $6 000.

[Regulation 14AA inserted: SL 2025/213 r. 6.]

14A. Manner in which unique reference number or acknowledgment may be given (s. 37)

(1) In this regulation —

online reporting tool means a website or mobile application maintained by, or on behalf of, the Commissioner for the purposes of receiving a report under Part 3 of the Act;

online reporting tool report means a report under Part 3 of the Act that is made using the online reporting tool.

(2) For the purposes of section 37(3B) of the Act, the following are manners in which a unique reference number or acknowledgment may be given —

(a) in the case of a unique reference number or acknowledgment required to be given in relation to an online reporting tool report — by sending the unique reference number or acknowledgment to an email address provided, in the online reporting tool report or otherwise by the person making the report, for the purpose of receiving the number or acknowledgment;

(b) in the case of a unique reference number or acknowledgment required to be given in relation to a report made by email — by sending the unique reference number or acknowledgment to the email address from which the report was made.

[Regulation 14A inserted: SL 2025/142 r. 12.]

15. Prescribed form of identification (s. 38(2A)(a)(iv))

A current photo card, as defined in the Western Australian Photo Card Regulations 2014 regulation 3, is prescribed for the purposes of section 38(2A)(a)(iv) of the Act.

[Regulation 15 inserted: Gazette 5 Aug 2014 p. 2830.]

16. Prescribed distance — reporting by remote offenders (s. 43)

For the purposes of section 43(1) of the Act, the prescribed distance is 100 km.

[17, 18. Deleted: SL 2025/142 r. 13.]

19. Persons required to give notice of reporting obligations etc. to reportable offenders (s. 67)

For the purposes of section 67(4) of the Act, the following persons are specified —

(a) for a reportable offender who is sentenced for a reportable offence and enters government custody as a result of that sentence — an officer of the Department of Justice, or other person, authorised in writing for the purposes of this paragraph by the chief executive officer of that department;

(b) for a reportable offender who is present in court when sentenced for a reportable offence in the District Court and does not enter government custody as a result of that sentence — an officer of the District Court;

(c) for a reportable offender who is not present in court when sentenced for a reportable offence in the District Court and does not enter government custody as a result of that sentence — the Commissioner;

(d) for a reportable offender who is sentenced for a reportable offence in a court other than the District Court and does not enter government custody as a result of that sentence — the Commissioner;

(e) for a reportable offender who is released from government custody other than immigration detention (whether in government custody for a reportable offence or otherwise) —

(i) in the case of a reportable offender who is, or was before their release, a resident as defined in the Declared Places (Mental Impairment) Act 2015 section 3, the chief executive officer of the Disability Services Commission referred to in the Disability Services Act 1993 section 6;

(ii) in any other case, an officer of the Department of Justice, or other person, authorised in writing for the purposes of this paragraph by the chief executive officer of that department;

(ea) for a reportable offender who is released from government custody consisting of immigration detention — the Commissioner;

(f) for a reportable offender who enters Western Australia, if they have not previously been given notice of their reporting obligations in Western Australia — the Commissioner;

(g) for a person who becomes a corresponding reportable offender, if they are in Western Australia at that time — the Commissioner.

[Regulation 19 amended: Gazette 1 Jun 2007 p. 2528; 16 Jun 2015 p. 2078; SL 2024/172 r. 7; SL 2025/142 r. 14.]

20. Details to be included in notice given by supervising authority to Commissioner (s. 70)

For the purposes of section 70(3) of the Act, the following details are prescribed —

(a) the name of the reportable offender;

(b) the relevant event listed in section 70(1) of the Act that has occurred;

(d) the name, title and signature of the supervising authority who gives the notice;

(e) the date on which the notice is given.

20A. Agency officials to whom and circumstances in which disclosure can be made (s. 82)

(1) For the purposes of section 82(1)(cb) of the Act, the following agency officials are prescribed —

(a) a police officer;

(b) a person employed in the department of the Public Service principally assisting in the administration of the Act;

(i) the Australian Federal Police; or

(ii) the police force of another State or Territory; or

(iii) an entity of another State or Territory that has functions similar to the functions of the department of the Public Service principally assisting in the administration of the Act;

(d) the Public Advocate as defined in the Guardianship and Administration Act 1990 section 3(1);

(e) a person employed in the department or departments of the Public Service that principally assist in the administration of the Children and Community Services Act 2004 and the Working with Children (Screening) Act 2004;

(f) a person employed in the department of the Public Service principally assisting in the administration of the School Education Act 1999;

(g) a person employed in the Department of Justice;

(h) an agency official employed in the Department of State of the Commonwealth assisting in the administration of the Australian Border Force Act 2015 (Commonwealth);

(i) an agency official employed in the Department of State of the Commonwealth assisting in the administration of the Australian Passports Act 2005 (Commonwealth).

(2) For the purposes of section 82(1)(e) of the Act, a circumstance is disclosure for the purpose of law enforcement to a member of, police officer of, or a person employed in —

(a) a police force of another country; or

(b) an entity of another country that has functions similar to the functions of the department of the Public Service principally assisting in the administration of the Act.

[Regulation 20A inserted: SL 2025/142 r. 15.]

20B. Delegation by Commissioner (s. 82A)

For the purposes of section 82A(b) of the Act, the position of Executive Manager, Serious Offender Registry is prescribed.

[Regulation 20B inserted: SL 2025/142 r. 15.]

21. Corresponding protection orders (s. 85)

(1) Each of the following orders is prescribed to be a corresponding protection order for the purposes of the definition of that term in section 85 of the Act —

(aa) a prohibition order made under the Crimes (Child Sex Offenders) Act 2005 (Australian Capital Territory) Part 5A.2;

(a) an order made under the Child Protection (Offenders Prohibition Orders) Act 2004 of New South Wales Part 2;

(b) a prohibition order made under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory Part 5;

(c) a prohibition order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Queensland) section 13C;

(ca) a temporary order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Queensland) section 13J or 13K;

(cb) a sexual harm prevention order made under the Sexual Offences Act 2003 (United Kingdom) section 103A;

(d) a sexual offences prevention order made under the Sexual Offences Act 2003 (United Kingdom) section 104 or 105;

(da) a sexual harm prevention order made under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (Scotland) section 11 or 12;

(e) a control order made under the Child Sex Offenders Registration Act 2006 (South Australia) Part 5C;

(f) a restraining order made under the Criminal Procedure Act 1921 (South Australia) section 99AA(1)(a)(i);

(g) a prohibition order made under the Sex Offenders Registration Act 2004 (Victoria) Part 4A;

(h) a community protection order made under the Community Protection (Offender Reporting) Act 2005 (Tasmania) section 10A;

(i) an interim community protection order made under the Community Protection (Offender Reporting) Act 2005 (Tasmania) section 10B.

(2) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.

[Regulation 21 amended: Gazette 14 Nov 2008 p. 4878; 25 Nov 2008 p. 4990; 30 Nov 2012 p. 5802; 8 Nov 2013 p. 4998; 13 Jan 2017 p. 360; SL 2021/192 r. 6; SL 2025/142 r. 16.]

22. Application for recognition of corresponding protection orders (s. 108(2)(a))

(1) A police officer may, on behalf of the Commissioner, apply to the relevant court for the recognition in Western Australia of a corresponding protection order.

(2) An application does not need to be served on the person who is subject to the corresponding protection order.

[Regulation 22 inserted: Gazette 1 Jun 2007 p. 2526; amended: Gazette 8 Nov 2013 p. 4998.]

23. Recognition of corresponding protection orders (s. 108(2)(b))

(1) If an application is made under regulation 22, the relevant court is to recognise the corresponding protection order that is the subject of the application.

(2) When the relevant court recognises a corresponding protection order, the registrar is to —

(a) notify —

(i) the foreign court in which the recognised order was made; and

(ii) the Commissioner; and

(iii) the person who is subject to the recognised order,

of that recognition; and

(b) cause a copy of the recognised order to be delivered to the Commissioner.

[Regulation 23 inserted: Gazette 1 Jun 2007 p. 2526‑7; amended: Gazette 8 Nov 2013 p. 4999.]

24. Effect of recognition of corresponding protection orders (s. 108(2)(d))

(1) A recognised order operates in Western Australia as if it were a child protection order made under Part 5 of the Act —

(a) with the terms (including as to its duration) set out in the recognised order or applying to it under the law under which it was made; and

(b) from the day on which the recognition of the recognised order was notified to the person who is subject to it,

and the provisions of the Act apply to the recognised order as if it were a child protection order.

(2) Without limiting subregulation (1), for the purposes of applying Part 5 of the Act to a recognised order —

(a) a reference in that Part to varying a child protection order is to be read as a reference to making an order varying the operation in Western Australia of the recognised order; and

(b) a reference in that Part to revoking a child protection order is to be read as a reference to making an order revoking the recognition of the recognised order.

(3) In proceedings for failing to comply, in Western Australia, with a recognised order, no proof is required of —

(a) the making of the recognised order or a variation of it that operates under regulation 25; or

(b) the service of such an order or variation on the person who is subject to the order.

[Regulation 24 inserted: Gazette 1 Jun 2007 p. 2527; amended: Gazette 8 Nov 2013 p. 4999.]

25. Variation or revocation of recognised order in a foreign jurisdiction

(1) If —

(a) a recognised order is varied by a foreign court of the foreign jurisdiction in which the order was made; and

(b) notice of the variation is given to the registrar of the relevant court by an officer of the foreign court,

the variation operates in Western Australia as if the recognised order, as varied, was recognised under regulation 23 on the day on which the registrar received notice of the variation.

(2) If —

(a) a recognised order is revoked by a foreign court of the foreign jurisdiction in which the order was made; and

(b) notice of the revocation is given to the registrar of the relevant court by an officer of the foreign court,

the recognition in Western Australia of the recognised order is revoked from the day on which the registrar receives notice of the revocation.

(3) A registrar who is given notice of the variation or revocation of a recognised order by a foreign court is to notify the Commissioner accordingly.

[Regulation 25 inserted: Gazette 1 Jun 2007 p. 2527‑8.]

26A. Authorisation of absences from assessment or treatment (s. 94A(5)(a))

(1) A reportable offender who is required by an order of the Commissioner to undergo assessment or treatment under section 94A(1) of the Act may request the Commissioner to authorise the reportable offender’s absence from assessment or treatment if —

(a) the reportable offender has an illness or an injury which prevents them from undergoing the assessment or treatment; or

(b) the reportable offender is otherwise unable to attend the assessment or treatment.

(2) The Commissioner may authorise an absence in accordance with a request under subregulation (1)(a) if —

(a) the reportable offender provides the Commissioner with a medical certificate from a medical practitioner —

(i) describing the reportable offender’s illness or injury; and

(ii) stating the period of time in which the reportable offender is expected to be ill or injured;

and

(b) the Commissioner is satisfied that the reportable offender is ill or injured; and

(c) the Commissioner is satisfied that the illness or injury prevents the reportable offender from undergoing the assessment or treatment.

(3) The Commissioner may authorise an absence in accordance with a request under subregulation (1)(b) if the Commissioner is satisfied that there are reasonable grounds for the absence.

(4) A request made under subregulation (1) and an authorisation given under subregulation (2) or (3) must be in writing.

(5) The Commissioner may authorise an absence under this regulation for the whole period of the assessment or treatment or for part of the period of assessment or treatment.

(6) If required by the Commissioner to do so, a reportable offender making a request under this regulation must provide the Commissioner with further information in relation to the request.

(7) The Commissioner may, by written notice given to the reportable offender, withdraw an authorisation given under subregulation (2) or (3).

[Regulation 26A inserted: Gazette 8 Nov 2013 p. 4999‑5001; amended: SL 2025/142 r. 17.]

26B. Reports by persons providing assessment or administering treatment (s. 94A(5)(c))

(1) A person providing assessment for the purposes of a protection order under section 94A of the Act must report to the Commissioner —

(a) if treatment is recommended for the reportable offender, the type of treatment recommended; and

(b) the reason why the recommended treatment is, or may be, appropriate.

(2) A person providing a report to the Commissioner under subregulation (1) must provide the report as soon as reasonably practicable after making the assessment.

(3) A person administering treatment for the purposes of a protection order under section 94A of the Act must report to the Commissioner —

(a) the type of treatment being administered; and

(b) whether the intended outcome of the treatment is being, or has been, achieved.

(4) A person providing a report to the Commissioner under subregulation (3) must provide the report as soon as reasonably practicable —

(a) after receiving a request for the report from the Commissioner; or

(b) after the completion of the course of treatment.

(5) A report provided under this regulation must be in writing.

[Regulation 26B inserted: Gazette 8 Nov 2013 p. 5001.]

26C. Manner of making requirement to give a sample (s. 94B(8)(a))

(1) In this regulation —

approved form means a form approved by the Commissioner.

(2) A requirement under section 94B(2)(a) of the Act in relation to a breath test may be made by an authorised police officer verbally directing the reportable offender to give a sample of the reportable offender’s breath for the purposes of the breath test.

(3) Without limiting section 94B(3) of the Act, a requirement under section 94B(2)(b) of the Act in relation to blood or urine analysis may be made —

(a) by an authorised police officer verbally directing the reportable offender to give a sample of the reportable offender’s blood or urine for the purposes of the analysis; or

(b) by an authorised police officer giving a notice in the approved form to the reportable offender.

[Regulation 26C inserted: Gazette 8 Nov 2013 p. 5002; amended: SL 2025/142 r. 18.]

26D. Manner of conducting breath test (s. 94B(8)(b))

(1) In this regulation —

authorised breath tester means an authorised person as defined in the Road Traffic Act 1974 section 65.

(2) A breath test may be conducted only by an authorised breath tester in the presence of an authorised police officer.

(3) A sample of a reportable offender’s breath may only be tested for the purposes of a breath test by breath testing equipment that is operated in accordance with the instructions set out in the Breath Analysis Regulations Schedule 2.

(4) A reportable offender who is directed under regulation 26C(2) to give a sample of breath for a breath test must comply with the directions of an authorised breath tester in relation to the giving of the sample.

(5) A person who fails to comply with subregulation (4) commits an offence.

Penalty: a fine of $2 000.

[(6)‑(8) deleted]

[Regulation 26D inserted: Gazette 8 Nov 2013 p. 5002‑3; amended: SL 2021/57 r. 5.]

26E. Authorised sample collectors to take or collect samples (s. 94B(8)(b))

(1) If a reportable offender is required under section 94B(2)(b) of the Act to give a sample of their blood or urine for analysis, the sample may be taken or collected only by an authorised sample collector.

(2) The taking or collecting of a sample under section 94B(2)(b) of the Act must be done by the least painful method that is known or available to the person taking or collecting the sample.

[Regulation 26E inserted: Gazette 8 Nov 2013 p. 5003‑4; amended: SL 2025/142 r. 19.]

26F. Manner of taking sample of blood or collecting sample of urine (s. 94B(8)(b))

(1) In this regulation —

blood sampling equipment means —

(a) a sterile syringe with a capacity of approximately 30 ml; and

(b) a sterile needle to be attached to the syringe; and

(i) is numbered with the serial number of the package referred to in regulation 26G(2)(c); and

(ii) contains approximately 25 mg of potassium oxalate and 10 mg of sodium fluoride; and

(iii) is closed with a cap fitted with a rubber disk;

and

(d) a container containing a solution of one part mercury bichloride to 1 000 parts distilled water; and

(e) 2 swabs of cotton wool; and

(f) a pair of disposable gloves;

sample means a sample of blood or urine;

urine sampling equipment means —

(a) one container for collecting urine; and

(b) 2 specimen containers; and

(2) An authorised sample collector may take or collect a sample under section 94B(2)(b) of the Act only if the authorised police officer who requires the reportable offender to give the sample has given the authorised sample collector a request in the form of Schedule 1 Form 5.

(3) A reportable offender who is required to give a sample must comply with the directions of an authorised sample collector in relation to the taking or collecting of the sample.

(4) A person who fails to comply with subregulation (3) commits an offence.

Penalty: a fine of $2 000.

(5) The authorised sample collector must take or collect a sufficient quantity of a sample from the reportable offender to enable —

(a) approximately one half of the sample to be given to the reportable offender; and

(b) approximately one half of the sample to be given to an authorised police officer; and

(6) A sample of blood may be taken only by means of blood sampling equipment.

(7) A sample of urine may be collected only by means of urine sampling equipment.

[Regulation 26F inserted: Gazette 8 Nov 2013 p. 5004‑6.]

26G. Collection of samples (s. 94B(8)(e))

(1) This regulation applies to a sample of blood or urine taken or collected in accordance with regulation 26F.

(2) If the sample taken is blood, the authorised sample collector must —

(a) discharge approximately one half of the blood into one of the 2 sterile bottles in the blood sampling equipment and the balance of the blood into the second of those bottles; and

(b) seal each of the sterile bottles; and

(3) If the sample collected is urine, the authorised sample collector must —

(a) pour approximately one half of the urine into one of the specimen containers and the balance of the urine into the other specimen container; and

(b) seal each of the specimen containers; and

(4) The authorised sample collector must —

(a) seal each of the serially numbered packages by fixing a certificate, completed and signed by the authorised sample collector, over the opening of each package; and

(b) give one of the sealed serially numbered packages referred to in paragraph (a) to the reportable offender from whom the sample was taken; and

(5) The certificate of the authorised sample collector referred to in subregulation (4)(a) must be in the form of Schedule 1 Form 6.

[Regulation 26G inserted: Gazette 8 Nov 2013 p. 5006‑7.]

26H. Authorisation of persons as analysts (s. 94B(8)(c))

(1) This regulation applies to —

(a) in relation to the determination of the blood alcohol content in a sample of blood taken in accordance with regulation 26F, a person who has been certified by the chief executive officer of the Chemistry Centre (WA) as an analyst under the Road Traffic Act 1974 section 65; or

(b) in relation to the determination of whether drugs are present in a sample of blood or urine taken or collected in accordance with regulation 26F, a person who has been certified by the chief executive officer of the Chemistry Centre (WA) as a drugs analyst under the Road Traffic Act 1974 section 65.

(2) A person to whom this regulation applies is authorised as an analyst for the purposes of section 94B of the Act.

[Regulation 26H inserted: Gazette 8 Nov 2013 p. 5007.]

26I. Reporting results of analysis (s. 94B(8)(d))

(1) This regulation applies to a sample of blood or urine taken or collected in accordance with regulation 26F.

(2) When a sample of blood or urine has been analysed by an analyst to determine the blood alcohol content or the presence of drugs, the analyst must give a written certificate of the result of the analysis to —

(a) the reportable offender to whom the result relates; and

(b) the Commissioner.

(3) A certificate given under subregulation (2) must be in the form of Schedule 1 Form 7.

[Regulation 26I inserted: Gazette 8 Nov 2013 p. 5007‑8.]

[26J. Deleted: SL 2021/57 r. 6.]

26K. Certificate evidence (s. 94B(8)(i))

In a proceeding for an offence against section 101 of the Act, and in the absence of proof to the contrary, any of the following certificates is evidence of the matters certified in it —

(a) a certificate purporting to be signed by the chief executive officer of the Chemistry Centre (WA) certifying that a named person is, or was at a particular time, an authorised breath tester;

(b) a certificate purporting to be signed by the chief executive officer of the Chemistry Centre (WA) certifying that a named person is, or was at a particular time, an analyst;

(i) that a sample of breath was given by a named person; and

(ii) that the sample was given at a specified date and time; and

(iii) that the sample was tested in accordance with regulation 26D; and

(iv) the result obtained from the test;

(d) a certificate purporting to be signed by an authorised sample collector certifying that a sample of blood or urine —

(i) was taken or collected from a named person; and

(ii) was taken or collected at a specified date and time; and

(iii) was taken or collected in accordance with regulation 26F; and

(iv) was sealed in a package with a specified serial number in accordance with regulation 26G;

(e) a certificate purporting to be signed by an analyst certifying —

(i) the name of the analyst who analysed the sample of blood or urine; and

(ii) the kind of sample that was analysed; and

(iii) the result obtained from the analysis of the sample.

[Regulation 26K inserted: Gazette 8 Nov 2013 p. 5008‑9.]

26L. Prescribed offences under law of foreign jurisdiction (s. 108A)

(1) For the purposes of section 108A(1)(c)(iv) of the Act, the following offences are prescribed —

(a) an offence against the Criminal Code (Commonwealth) section 474.19;

(b) an offence against the Criminal Code (Commonwealth) section 474.22.

(2) If a provision referred to in this regulation is a repealed provision, the reference is taken to be a reference to the provision as in force from time to time before its repeal.

[Regulation 26L inserted: SL 2025/142 r. 20.]

26. Forms

The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

[Regulation 26 inserted: Gazette 1 Jun 2007 p. 2528.]

Schedule 1 — Forms

[r. 26]

[Heading inserted: Gazette 9 Dec 2005 p. 5888; amended: Gazette 1 Jun 2007 p. 2528.]

Summons: Application for order

Community Protection (Offender Reporting) Act 2004Summons****Application for order Children’s Court District Court Magistrates Court Supreme Court
Location
Number
Respondent Name Date of birth //___
Address __________________________________________ Postcode
Phone no.
Order sought (delete as appropriate) The [Commissioner of Police] / [prosecution] has applied to the court for the following order to be made in respect of you — ❑ Offender reporting order (Act s. 13(7A)) ❑ Juvenile offender reporting order (Act s. 14B(8))❑ Past offender reporting order (Act s. 15) ❑ Child protection order (Act s. 87)❑ Interim protection order (Act s. 87)
Hearing You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
Place
Date //20____ Time _____a.m./p.m.
Issue of summons _______________________________[Signature of Registrar] Date //20
For more information For more information about this matter contact:
Name
Position
Phone no. Ref no.
Service certificate
Person serving summons Name
Address __________________________________________________ Postcode
Service Method ❑ Handed to respondent in person ❑ Posted to respondent’s last known address ❑ Left at respondent’s last known address
Place [if applicable]
Date //20____ Time _____a.m./p.m.
Certificate I certify that I served this summons on the respondent in the manner described above.
__________________________[Signature] Date ____//20

[Form 1 inserted: Gazette 9 Dec 2005 p. 5888‑9; amended: Gazette 8 Nov 2013 p. 5010; SL 2025/213 r. 7.]

Summons: Further hearing after interim order

Community Protection (Offender Reporting) Act 2004Summons****Further hearing after interim order Children’s Court District Court
Location
Number
Respondent Name Date of birth //___
Address __________________________________________________ Postcode
Phone no.
Order sought The Commissioner of Police has applied to the court for a child protection order to be made in respect of you. An interim protection order was made on //20.A further hearing will now be held at which the court will decide whether to make a child protection order.
Hearing You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
Place
Date //20____ Time _____a.m./p.m.
Issue of summons _______________________________[Signature of Registrar] Date //20
For more information For more information about this matter contact:
Name
Position
Phone no. Ref no.
Service certificate
Person serving summons Name
Address __________________________________________________ Postcode
Service Method Handed to respondent in person Posted to respondent’s last known address Left at respondent’s last known address
Place [if applicable]
Date //20____ Time _____a.m./p.m.
Certificate I certify that I served this summons on the respondent in the manner described above.
__________________________[Signature] Date ____//20

[Form 2 inserted: Gazette 9 Dec 2005 p. 5889‑90; amended: Gazette 8 Nov 2013 p. 5010.]

Summons: Application to vary or revoke child protection order

Community Protection (Offender Reporting) Act 2004Summons****Application to vary or revoke child protection order Children’s Court District Court
Location
Number
Order Person subject to order
Date made //20____
Expiry date //20____
Applicant Commissioner of Police Person subject to order Leave to apply granted //20____Address Postcode
Application To revoke order To vary order to [details of variation sought] ______________________________________________________________________
Respondent Person subject to order Commissioner of Police
Address _______________________________________________ Postcode
Phone no.
Hearing You must attend the hearing at the day, time and place set out below. If you do not attend, the application may be heard in your absence.
Place
Date //20____ Time _____a.m./p.m.
Issue of summons _______________________________[Signature of Registrar] Date //20
For more information For more information about this matter contact:
Name
Position
Phone no. Ref no.
Service certificate
Person serving summons Name
Address _________________________________________________ Postcode
Service Method Handed to respondent in person Posted to respondent’s last known address Left at respondent’s last known address
Place [if applicable]
Date //20____ Time _____a.m./p.m.
Certificate I certify that I served this summons on the respondent in the manner described above.
__________________________[Signature] Date ____//20

[Form 3 inserted: Gazette 9 Dec 2005 p. 5890‑1; amended: Gazette 8 Nov 2013 p. 5010.]

[Form 4 Deleted: SL 2021/57 r. 7.]

Request to take sample of blood or urine (r. 26F(2))

Community Protection (Offender Reporting) Act 2004Request to take sample of blood or urine
To [Name of medical practitioner, registered nurse or phlebotomist]
Place where sample is to be taken [Name of hospital/medical centre/place]
Date and time sample is to be taken
Request for sample to be taken Under the Community Protection (Offender Reporting) Regulations 2004 regulation 26F(2), I request you, a ...................................................................................................[Insert description, e.g. medical practitioner, nurse practitioner, phlebotomist]to take — (a) a blood sample*;(b) a urine sample*; [* delete inapplicable]from — ................................................................................................... [Name of person from whom sample is to be taken or collected]in accordance with the Community Protection (Offender Reporting) Regulations 2004.
Date form was issued ...................................................................................................
Authorised police officer ................................................................................................... [Signature] ................................................................................................... [Date]Name ........................................................................................Rank and Number ....................................................................Telephone no. ...........................................................................Ref no. ......................................................................................

[Form 5 inserted: Gazette 8 Nov 2013 p. 5011‑12.]

Certificate of authorised sample collector (r. 26G(5))

Community Protection (Offender Reporting) Act 2004

Certificate of authorised sample collector

Under the Community Protection (Offender Reporting) Act 2004 section 94B(2)(b), I, a qualified

.................................................................................................................................

[Insert description, e.g. medical practitioner, registered nurse or phlebotomist]

took —

(a) a blood sample*;

(b) a urine sample*;
[*delete inapplicable]

from ........................................................................................................................

[Name of person from whom sample was taken or collected]

at .............................................................................................................................

.................................................................................................................................
[Place where sample was taken or collected]

in accordance with the Community Protection (Offender Reporting) Regulations 2004.

The sample was taken or collected at ....................................................................
[Insert time, day, month and year]

The sample, or a portion of that sample, is contained and sealed in the sample container(s) numbered ...........................................................................................
[Number on sample container(s)]

The equipment used for the purpose of taking or collecting the sample of blood*/urine* [* delete inapplicable] was contained in an equipment kit serially numbered ..................................... and that equipment kit was sealed and intact ....................... [Number on equipment kit] before I opened it.

The sample was taken or collected in the manner prescribed in the Community Protection (Offender Reporting) Regulations 2004 regulation 26G.

................................................................
[Signature and qualification]

................................................................
[Date]

Witnessed by ..............................................................
[Authorised police officer’s signature]
[Rank and number]

................................................................
[Date]

[Form 6 inserted: Gazette 8 Nov 2013 p. 5013‑14.]

Certificate of analyst (r. 26I(3))

Community Protection (Offender Reporting) Act 2004

Certificate of analyst

Laboratory reference no. ............................

Police reference no. ....................................

I, ................................................................................, being an authorised analyst referred to in the Community Protection (Offender Reporting) Regulations 2004 regulation 26H(2), certify that —

(a) the Chemistry Centre (WA), Perth received for analysis the following sample —

(i) a blood sample*;

(ii) a urine sample*;
[* delete inapplicable]

from*/by* ..................................................................................................

on ..............................................................................................................;

and

(b) the thing referred to in paragraph (a) of this certificate was analysed by [insert details of method of analysis]

....................................................................................................................

...................................................................................................................;

and

....................................................................................................................

Certified on ......................................................... at ..............................................
[date] [time]

................................................................
[Signature of analyst]

................................................................
[Address of analyst]

[Form 7 inserted: Gazette 8 Nov 2013 p. 5014‑15.]

dline

Notes

This is a compilation of the Community Protection (Offender Reporting) Regulations 2004 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Community Protection (Offender Reporting) Regulations 2004	31 Dec 2004 p. 7025‑39	1 Feb 2005 (see r. 2)
Community Protection (Offender Reporting) Amendment Regulations 2005	9 Dec 2005 p. 5886‑7	9 Dec 2005
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2005	9 Dec 2005 p. 5887‑91	9 Dec 2005
Community Protection (Offender Reporting) Amendment Regulations 2006	8 Sep 2006 p. 3641‑2	8 Sep 2006
Community Protection (Offender Reporting) Amendment Regulations 2007	1 Jun 2007 p. 2525‑8	1 Jun 2007
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2007	22 Jun 2007 p. 2862	22 Jun 2007
*Reprint 1: The Community Protection (Offender Reporting) Regulations 2004* as at 21 Sep 2007** (includes amendments listed above)
Community Protection (Offender Reporting) Amendment Regulations 2008	28 Mar 2008 p. 913-14	r. 1 and 2: 28 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Mar 2008 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2008	14 Nov 2008 p. 4878	r. 1 and 2: 14 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Nov 2008 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2008	25 Nov 2008 p. 4989-90	r. 1 and 2: 25 Nov 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Nov 2008 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2009	20 Feb 2009 p. 353-4	r. 1 and 2: 20 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Feb 2009 (see r. 2(b))
*Reprint 2: The Community Protection (Offender Reporting) Regulations 2004* as at 3 Jul 2009** (includes amendments listed above)
Community Protection (Offender Reporting) Amendment Regulations 2010	21 Jan 2011 p. 157-8	r. 1 and 2: 21 Jan 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Jan 2011 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2011	1 Jul 2011 p. 2746‑7	r. 1 and 2: 1 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2012	30 Nov 2012 p. 5802	r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2013	8 Nov 2013 p. 4995‑5015	r. 1 and 2: 8 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Nov 2013 (see r. 2(b) and Gazette 8 Nov 2013 p. 4969)
*Reprint 3: The Community Protection (Offender Reporting) Regulations 2004* as at 11 Apr 2014** (includes amendments listed above)
Community Protection (Offender Reporting) Amendment Regulations 2014	5 Aug 2014 p. 2830	r. 1 and 2: 5 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Aug 2014 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2015	16 Jun 2015 p. 2077‑8	r. 1 and 2: 16 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Jun 2015 (see r. 2(b) and Gazette 16 Jun 2015 p. 2071)
Police Service Regulations Amendment (Public Health) Regulations 2016 Pt. 2	10 Jan 2017 p. 221-4	24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165)
Community Protection (Offender Reporting) Amendment Regulations 2017	13 Jan 2017 p. 359‑60	r. 1 and 2: 13 Jan 2017 (see r. 2(a)); Regulations other than r. 1, 2 and 4(2): 14 Jan 2017 (see r. 2(c)); r. 4(2): 2 Feb 2017 (see r. 2(b) and s. 2(2) of 2016/021 (Vic))
Community Protection (Offender Reporting) Amendment Regulations 2018	13 Nov 2018 p. 4432-3	r. 1 and 2: 13 Nov 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2018 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations 2021	SL 2021/57 21 May 2021	r. 1 and 2: 21 May 2021 (see r. 2(a)); r. 3 and 5(1): 22 May 2021 (see r. 2(b)); r. 4, 5(2) and (3), 6 and 7: 1 Jul 2021 (see r. 2(c) and SL 2021/54 cl. 2(c))
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2021	SL 2021/125 16 Jul 2021	r. 1 and 2: 16 Jul 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Jul 2021 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2021	SL 2021/192 19 Nov 2021	r. 1 and 2: 19 Nov 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Nov 2021 (see r. 2(b))
Police Regulations Amendment (Criminal Law Mental Impairment) Regulations 2024 Pt. 2	SL 2024/172 21 Aug 2024	1 Sep 2024 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 2) 2025	SL 2025/142 23 Jul 2025	r. 1 and 2: 23 Jul 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Jul 2025 (see r. 2(b))
Community Protection (Offender Reporting) Amendment Regulations (No. 3) 2025	SL 2025/213 17 Dec 2025	r. 1 and 2: 17 Dec 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Dec 2025 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

analyst 3

approved form 26C(1)

authorised breath tester 3, 26D(1)

authorised sample collector 3

blood alcohol content 3

blood sampling equipment 3, 26F(1)

Breath Analysis Regulations 3

breath test 3

breath testing equipment 3

Commission 7(5)

Department of Health 7(3)

Department of Justice 3

detention centre 7(3)

electronic report 14AA(2)

foreign court 3

leave of absence order 7(3)

medical practitioner 3

online reporting tool 14AA(1), 14A(1)

online reporting tool report 14A(1)

phlebotomist 2

prison 7(3)

recognised order 3

registered nurse 3

registrar 3

relevant court 3

resident 7(5)

sample 26F(1)

urine sampling equipment 3, 26F(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Community Protection (Offender Reporting) Act 2004

Community Protection (Offender Reporting) Regulations 2004

Western Australia

Community Protection (Offender Reporting) Regulations 2004

Contents

Citation 1
Commencement 1
Terms used 1
Authorised persons (s. 3) 3
Corresponding Acts (s. 3) 3

5A. Corresponding juvenile offender exemption orders (s. 3) 4

5B. Corresponding juvenile offender non‑registration orders (s. 3) 4

5C. Corresponding juvenile offender reporting orders (s. 3) 4

Corresponding offender reporting orders (s. 3) 5

6A. Sentences (s. 3) 6

Supervising authorities (s. 3) 7

7A. Reportable contact details (s. 4B) 8

Offences — relevance if committed by child (s. 6) 8
Foreign witness protection laws (s. 6 and 75) 9
Specified date for determining New South Wales reportable offenders (s. 8) 9

11A. Class 1 offences (s. 10) 9

Class 2 offences (s. 11) 10
Means of contacting authorised person for certain persons entering Western Australia (s. 27) 12
Manner of reporting change of reportable offender’s travel plans while out of Western Australia (s. 31) 12
Directions as to police station or approved place at which reportable offender must report (s. 34) 12

14AA. Photographs to be included in report made electronically 12

14A. Manner in which unique reference number or acknowledgment may be given (s. 37) 14

Prescribed form of identification (s. 38(2A)(a)(iv)) 15
Prescribed distance — reporting by remote offenders (s. 43) 15
Persons required to give notice of reporting obligations etc. to reportable offenders (s. 67) 16
Details to be included in notice given by supervising authority to Commissioner (s. 70) 17

The Regulations instantiate several core legal and administrative concepts used in the Act. Each concept is prescribed with practical detail that determines compliance cost, chain of custody, decision‑rights and inter-agency disclosure.

Reportable offender and corresponding orders: The regulations identify which orders made under other jurisdictions or federal/state Acts are treated as corresponding offender reporting orders, corresponding juvenile offender reporting orders, corresponding juvenile offender non-registration orders and corresponding protection orders (regs 5, 5A-6, 21). These prescriptions create cross‑jurisdictional triggers so a person subject to an order in another jurisdiction may become a reportable offender in WA (see regs 6 and 5C).

Supervising authority: Regulation 7 prescribes the supervising authority depending on the offender’s status. The chief executive officer of the Department of Justice is the default supervising authority for persons in government custody, subject to community orders, parole or who are existing licensees (r 7(1)). The Department of Health is supervising authority for detainees under the Criminal Law (Mental Impairment) Act 2023 except where detained in prison/detention centre, resident in declared places, or under leave of absence supervised by Justice (r 7(2)). The Disability Services Commission CEO is supervising authority for “residents” as defined (r 7(4)-(5)). These allocations determine who must give notices (r 19) and who transmits information to the Commissioner (r 20).

Reportable contact details and frequency: Regulation 7A clarifies that “frequency of the contact or likely contact” is a prescribed detail for section 4B(2)(c) of the Act, i.e. it is an element of the record maintained about reportable contact between an offender and a child (r 7A).

Class 1 and Class 2 offences: Regulations 11A and 11 list specific sections of the Commonwealth Criminal Code and the Crimes Act 1914 that are treated as Class 1 or Class 2 offences for the Act’s operative definitions (rr 11A(1)-(2), 11(1)-(3)). Classification matters because the Act draws distinctions between classes in reporting obligations and orders. If a provision listed has been repealed, the regulation treats the reference as to the provision as it existed before repeal (rr 11A(3), 11(4)).

Electronic reporting and identification: Regulations 14AA and 14A set rules for online/electronic reports made via an “online reporting tool” or email. Key elements include a requirement that an electronic report include a passport‑type photograph taken immediately before or at the time of the electronic report (r 14AA(3)), and detailed requirements about photographs of tattoos or distinguishing marks where relevant (r 14AA(4)-(7)). Regulation 14A specifies how a unique reference number or acknowledgement may be given in relation to online or email reports (r 14A(2)(a)-(b)).

Samples, analysis and chain of custody: Regulations 26C-26K provide a tightly prescriptive set of concepts. Approved forms are required for some directions (r 26C(1)). Breath tests are to be conducted only by authorised breath testers in the presence of an authorised police officer, on approved equipment and following Breath Analysis Regulations instructions (r 26D). Blood and urine sampling equipment is defined in r 26F(1) and the kit contents, sealing and serial numbering, and the requirement to provide halves of the sample to both the offender and a police officer are prescribed in r 26G. Analysts are persons certified by the Chemistry Centre (WA) and their certificates are admissible evidence under r 26K.

Corresponding protection orders and recognition: Regulations 21-25 prescribe what foreign/interstate protection orders constitute corresponding protection orders (r 21), how a police officer may apply for recognition in the relevant court (r 22), how recognition is to be notified and recorded (r 23), the legal effect of recognition , a recognised order operates as if it were a child protection order under Part 5 of the Act and courts are to apply Part 5 as if varying or revoking meant varying or revoking the recognised order in WA (r 24) , and how variation/revocation in the foreign jurisdiction operates in WA (r 25).

Delegations and disclosure pathways: Regulation 20A lists agency officials to whom and the circumstances in which disclosures under s 82(1)(cb) and s 82(1)(e) of the Act may be made; it includes police forces, the Public Advocate, departmental officers, Commonwealth Australian Border Force and passports agency officials, and allows disclosure to law‑enforcement equivalents in other countries in law‑enforcement circumstances (r 20A(1)-(2)). Regulation 20B prescribes the Executive Manager, Serious Offender Registry, as an authorised delegate under s 82A(b).

Forms and process: Schedule 1 prescribes forms for summonses, sample requests (Form 5), certificates (Forms 6 and 7) and other procedural materials (r 26, Schedule 1). The forms set out the procedural content a court, police or medical practitioner must use in practice.

Evidential presumptions: Regulation 26K makes various certificates prima facie evidence in proceedings under s 101 of the Act, such as certificates purporting to be signed by the Chemistry Centre chief executive certifying someone is an authorised breath tester or analyst, certificates of breath tests, certificates of sample collection and analyst certificates of results (r 26K).

Together, these concepts lock the Act’s high-level rules into operational practices, defining who decides, how evidence is created and secured, who receives information, and what penalties attach to specific failings.

The Regulations create precise duties and interactions for several groups; each group bears different compliance costs, decision rights and potential sanction exposures. The primary affected classes are:

Reportable offenders: Individuals subject to reporting obligations under the Act. The Regulations impose direct procedural demands: how to report (including electronically), what identification to provide (r 15), inclusion of passport‑type photographs with electronic reports (r 14AA(3)), requirements to provide samples upon authorised directions (rr 26C-26F), and to comply with the directions of authorised personnel when giving samples (rr 26D(4), 26F(3)). Monetary penalties attach to particular failures (r 14AA(3)-(4), r 26D(5), r 26F(4)).
Supervising authorities and departmental officers: The chief executives of Department of Justice, Department of Health and the Disability Services Commission are prescribed supervising authorities in defined circumstances (r 7(1)‑(5)). Those authorities must provide notices to the Commissioner with prescribed content when relevant events occur (r 20) and may be specified as the person required to give notice of reporting obligations to reportable offenders (r 19). They must also, when acting in delegated roles, arrange assessments or treatments and comply with reporting obligations from assessors and treatment providers (r 26B).
The Commissioner and Commissioner’s delegates: The Regulations give the Commissioner practical functions: nomination of email/postal addresses for certain contacting purposes (r 12(2)), authorisation of absences from assessment or treatment (r 26A requires requests and authorisations be in writing), administering online reporting procedures (r 14A), and delegating functions to the Executive Manager, Serious Offender Registry (r 20B). The Commissioner’s office is the central node for receiving notices, photographs and sample analysis certificates (rr 26I(2), 20).
Police officers and authorised police officers: Entrusted with operational enforcement and many interactions. An authorised police officer may give verbal directions requiring breath, blood or urine samples (r 26C(2)-(3)); must be present for breath tests (r 26D(2)); receive half of sealed samples and sign witness certificates (rr 26G(4)-(5)); may apply to court on the Commissioner’s behalf to recognise foreign protection orders (r 22(1)); and may serve as the person required to give notice to reportable offenders in certain contexts (r 19(a)). Police officers also have disclosure rights under r 20A.
Medical practitioners, registered nurses, phlebotomists (authorised sample collectors) and analysts: The Regulations set qualifications and procedural requirements for sample collectors (r 26E(1)-(2), r 3 definitions). An authorised sample collector may act only after receiving a request in the approved form from an authorised police officer (r 26F(2), Form 5). They must use prescribed equipment and sealing procedures (rr 26F(1), 26G). Analysts must be certified by the Chemistry Centre (WA) (r 26H(1)) and must provide written certificates to both the offender and Commissioner (r 26I).
Courts and registrars: The Children’s Court or District Court is the “relevant court” for recognition of corresponding protection orders (r 3 definitions and regs 22-25). The registrar must notify the foreign court, the Commissioner and the person subject to the order upon recognition and deliver copies to the Commissioner (r 23(2)). The relevant court must recognise a prescribed corresponding protection order on application and the recognition operates as if the order were a child protection order under Part 5 of the Act (r 23(1), r 24).
Other agencies and officials listed in r 20A: These include the Public Advocate, officers in children and community services departments, school education department staff, employees of Department of Justice, and Commonwealth agency officials assisting Australian Border Force and Australian Passports Act administration. They are authorised recipients of certain disclosures, which affects data sharing and operational coordination.
Persons subject to foreign or interstate orders: Individuals who have protective or reporting orders from other jurisdictions listed in regulations 5, 6 and 21 are affected because those orders may be treated as corresponding orders in WA and therefore subject persons may become reportable offenders or may have orders recognised and enforced in WA (rr 5, 6, 21-25).
Entities running online reporting tools or maintaining nomination addresses: The Commissioner must nominate email and postal addresses (r 12(2)), and the Regulations provide mechanisms for online reporting with unique reference numbers delivered via email (r 14A). The technical and administrative actors supporting those tools are indirectly affected.

Finally, the Regulations affect evidence-handling practices in criminal or regulatory proceedings, because they prescribe admissible certificate evidence (r 26K) which reduces the need to call analysts or authorised breath testers as witnesses in some circumstances.

The Regulations allocate explicit duties to various actors, and confer specified rights or procedural options. Most duties operate as administrative or quasi-criminal obligations: breach may attract fines or support criminal prosecution under the Act. The following are the principal duties and rights, with statutory cross-references to the Regulations.

Duties on reportable offenders

Reporting and identification: A reportable offender making an electronic report must include a passport‑type photograph of head and face taken immediately before or at the time of the electronic report (r 14AA(2)-(3)). If reporting changes that involve tattoos or permanent distinguishing marks, further photographs are required (r 14AA(4)-(7)). The prescribed form of identification for in-person reporting includes a current photo card (r 15).
Compliance with sample and breath test directions: A reportable offender directed verbally by an authorised police officer to give breath, blood or urine samples must comply with the directions of authorised persons (rr 26C(2)-(3), 26D(4), 26F(3)). Failure to comply with breath test directions (r 26D(5)) or sample collection directions (r 26F(4)) is an offence carrying fines (r 26D(5) penalty $2,000; r 26F(4) penalty $2,000).
Reporting while out of WA: A reportable offender is permitted to report changes in travel plans while outside WA by mail to a postal address nominated by the Commissioner (r 13).

Duties on supervising authorities and other officials

Notice requirements: Persons and authorities specified in regulation 19 must give notice of reporting obligations to reportable offenders in the scenarios set out in s 67(4) of the Act; r 19 specifies who that person is in each factual situation (r 19(a)-(g)). Supervising authorities must include prescribed details when notifying the Commissioner under s 70; regulation 20 prescribes name, event, date, signatory and date of the notice.
Assessment and treatment reports: Persons providing assessment must report recommended treatment types and reasons to the Commissioner as soon as reasonably practicable (r 26B(1)-(2)); persons administering treatment must report the type of treatment and whether intended outcomes are being achieved either upon request or upon completion of treatment (r 26B(3)-(4)). These reports must be in writing (r 26B(5)).
Authorisation of absences from assessment/treatment: A reportable offender may request the Commissioner to authorise an absence from assessment or treatment; such requests and authorisations must be in writing and may be withdrawn by the Commissioner (r 26A(1)-(7)). The Commissioner requires medical certificates when the absence is for illness or injury and may authorise on reasonable grounds otherwise (r 26A(2)-(3)).

Duties and standards for sampling, testing and evidence

Who may direct and who may conduct: An authorised police officer may verbally direct breath samples (r 26C(2)) and blood/urine samples verbally or by approved form (r 26C(3)). Breath tests must be conducted by an authorised breath tester in the presence of an authorised police officer and on approved equipment operated in accordance with Breath Analysis Regulations (r 26D(2)-(3)). Only authorised sample collectors (medical practitioner, registered nurse or phlebotomist) may take blood or urine samples (r 26E(1); r 3 definitions).
Equipment, kit and chain of custody: The Regulations prescribe the contents and serial numbering of blood sampling equipment and urine equipment (r 26F(1)), require collection into duplicate sealed, serially numbered packages with certificates over the opening (r 26G(2)-(4)), and require the authorised sample collector to give one sealed package to the offender and one to an authorised police officer (r 26G(4)(b)-(c)). These steps establish a chain of custody and presumptive evidence basis.
Analyst certification and certificates: Analysts must be certified by the Chemistry Centre (WA) to be authorised to analyse these samples (r 26H(1)). After analysis, analysts must provide written certificates of results to the reportable offender and the Commissioner in the prescribed form (r 26I(2)-(3)). Certificates are evidence of the matters certified absent proof to the contrary (r 26K).

Duties on the Commissioner and disclosure rights

Contacts and acknowledgements: The Commissioner must nominate email and postal addresses used when persons entering WA are required to contact an authorised person (r 12(2)). For unique reference numbers or acknowledgements in relation to online reporting, the Regulations allow sending the number/acknowledgement by email to an address provided (r 14A(2)(a)-(b)).
Delegation: The Commissioner may delegate certain functions; regulation 20B prescribes the Executive Manager, Serious Offender Registry as a position to which delegation under s 82A(b) may be made.
Disclosure of reportable offender information: Regulation 20A prescribes a list of agency officials who may receive disclosures under s 82(1)(cb) and identifies circumstances for disclosure for law enforcement to overseas or foreign police or entities with similar functions (r 20A(1)-(2)).

Rights and procedural protections

Right to recognise foreign protection orders in WA courts: A police officer may apply for recognition of a corresponding protection order (r 22(1)), and an application need not be served on the person subject to the order (r 22(2)). Once recognised, the order operates in WA as a child protection order under Part 5 with the same terms and duration as under the foreign law (r 24(1)-(2)). The Regulations also provide that in proceedings for failing to comply with a recognised order, no proof is required of the making or service of the foreign order (r 24(3)).
Procedural forms and hearings: Schedule 1 prescribes summons forms and contents (Forms 1-3) that set out hearing notices, applications sought, and service certificates, which shape defendants’ notice and procedural rights.

These duties and rights are expressed as regulatory prescriptions; failure to comply in specified situations results in prescribed fines or supports criminal proceedings under Act provisions. The Regulations specify how those duties translate into operational procedures, resulting in particular compliance burdens (for example, the need to supply passport‑type photographs for online reporting or to follow detailed sample collection and sealing procedures).

The Regulations provide for both express monetary penalties for specific contraventions and procedural enforcement mechanisms that feed into the Act’s criminal and civil regimes. Enforcement is shared across police, courts, the Commissioner and authorised officers; the Regulations set out operational steps that make enforcement practicable and evidentially robust.

Specified monetary penalties

Electronic-report photograph failures: Regulation 14AA imposes a penalty of a fine of $6,000 where a reportable offender permitted to make an electronic report fails to include a passport‑type photograph of head and face taken immediately before or at the time of the electronic report (r 14AA(3)). Separate but equal fines ($6,000) apply if the offender fails to include prescribed photographs of tattoos or permanent distinguishing marks or of the location where such marks previously appeared when the report concerns such matters (r 14AA(4), (7)).
Non‑compliance with breath test directions: A person who fails to comply with directions of an authorised breath tester in relation to giving a breath sample commits an offence with a prescribed penalty: a fine of $2,000 (r 26D(5)).
Non‑compliance with blood/urine sample directions: A person who fails to comply with directions of an authorised sample collector in relation to giving or providing a sample commits an offence with a penalty of a fine of $2,000 (r 26F(4)).

These fines are specified at regulation level. The Act itself provides the broader criminal framework and additional penalties for non-compliance with reporting obligations; the Regulations add specific financial penalties for operational steps.

Evidential rules facilitating enforcement

Certificates as evidence: Regulation 26K provides that, in proceedings for an offence against s 101 of the Act (which the Act defines), specified certificates are evidence of the facts certified, absent proof to the contrary. These include certificates purporting to be signed by the Chemistry Centre chief executive certifying authorised breath testers or analysts, certificates by authorised breath testers that a named person gave a breath sample at a specified time and the result of the test (r 26K(c)), certificates by authorised sample collectors certifying blood/urine samples taken/collected and details of sealing and serial numbers (r 26K(d)), and analyst certificates of analysis results (r 26K(e)). These evidentiary presumptions reduce the prosecutorial cost and need for live witness testimony in many prosecutions.
Chain of custody requirements: The Regulations prescribe serially numbered packaging, sealed with a certificate completed and signed by the authorised sample collector, and delivery of one sealed package to the reportable offender and the other to an authorised police officer (r 26G(2)-(4)). This creates a formal chain of custody that supports admissibility and weight of analytical evidence.

Procedural enforcement pathways

Police-initiated recognition applications: Regulation 22 allows a police officer to apply to the relevant court for recognition of a corresponding protection order on the Commissioner’s behalf, and r 22(2) provides that the application need not be served on the person subject to the order. Regulation 23 requires the court to recognise the order and requires the registrar to notify the foreign court, the Commissioner and the person subject to the order and to deliver a copy to the Commissioner. Once recognised, a foreign order operates as a WA child protection order (r 24). These mechanisms facilitate cross‑jurisdictional enforcement against persons subject to orders elsewhere.
Notices and supervisory reporting obligations: Regulation 19 designates who must give notice of reporting obligations in different factual situations; these notices are prerequisites to enforcement for persons entering WA or being released from custody. Regulation 20 prescribes the required details that must be included in notices to the Commissioner, creating traceable administrative records for enforcement.

Administrative discretion and revocation

Commissioner authorisations and withdrawals: The Commissioner may authorise absences from assessment or treatment under r 26A, but r 26A(7) allows the Commissioner to withdraw an authorisation by written notice. This creates an administrative enforcement lever short of prosecution.
Variation and revocation of recognised orders: If a foreign court varies or revokes a foreign order and notifies the relevant WA registrar, the variation or revocation operates in WA as varied or revoked (r 25(1)-(2)). The registrar must notify the Commissioner (r 25(3)), which ensures enforcement actions align with the foreign jurisdiction.

Who enforces and decision‑makers

Authorised police officers are the front-line enforcers for sample directions and are required to be present for breath tests (rr 26C, 26D). They also receive and store sealed sample packages and are involved in applying for recognition of orders (rr 26G, 22).
The Commissioner and delegates (including the Executive Manager, Serious Offender Registry prescribed under r 20B) carry administrative enforcement functions: receipt of reports and certificates (r 26I(2)), nominating contact addresses (r 12(2)), and granting or withdrawing authorisations for absences (r 26A).
Courts determine recognition, variation and revocation of corresponding protection orders (rr 22-25), and courts hear prosecutions for offences created under the Act and supported by the Regulations.

Enforcement costs and evidential trade-offs

The Regulations reduce enforcement transaction costs by creating admissible certificates (r 26K) and reducing the need for service of foreign order applications (r 22(2)). They also create specific, relatively modest fines for non-compliance with operational directions ($2,000 or $6,000 depending on the contravention). The procedural rigour around sampling and chain of custody enhances the evidential value of analytical results, which lowers prosecutorial burden but creates compliance and training costs for health professionals, police and laboratory services.

Overall, the Regulations combine administrative enforcement levers (authorisations, notices, delegation) with criminal sanctions and formal evidentiary rules to create an enforceable operational regime aligning the Act’s reporting and protection objectives with practical policing, medical and laboratory processes.

The Regulations are designed to operate in conjunction with the Community Protection (Offender Reporting) Act 2004 and to integrate that Act’s operation with a suite of Commonwealth, state and territory laws and specified overseas laws. The text explicitly cross-references multiple statutes, prescribes corresponding orders and lists agencies and laws whose functions interact with the Regulations. Key interaction points are below, with regulation citations.

Corresponding Acts and orders

The Regulations prescribe a list of interstate and foreign laws as “corresponding Acts” for s 3 of the Act (r 5). These include NSW Child Protection (Offenders Registration) Act 2000, Victoria’s Sex Offenders Registration Act 2004, Queensland’s Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, Northern Territory, ACT, Tasmania, South Australia and New Zealand statutes, and the United Kingdom Sexual Offences Act 2003 and Canadian Sex Offender Information Registration Act (r 5). Those prescriptions determine when persons subject to orders in those jurisdictions will be treated as corresponding reportable offenders under the WA Act.
Regulation 5A-6 and 5B-5C elaborate corresponding juvenile offender orders and offender reporting orders, separating adult and juvenile categories and thereby aligning WA's obligations with those of other jurisdictions. Regulation 6(1) lists specific sections of interstate Acts that are corresponding offender reporting orders while r 6(2) excludes such orders when they concern offences committed by the person as a child, directing instead to r 5C for juvenile orders.

Cross-instrument definitions and personnel

The Regulations import definitions and institutional roles from other statutes. For example, “authorised breath tester” and standards for breath testing equipment are linked to the Road Traffic Act 1974 and Breath Analysis Regulations (r 3). Person registration references rely on the Health Practitioner Regulation National Law (Western Australia) for definitions of medical practitioner and registered nurse (r 3).
Supervising authority assignments reference the Criminal Law (Mental Impairment) Act 2023, Declared Places (Mental Impairment) Act 2015, Prisons Act 1981, Young Offenders Act 1994 and Disability Services Act 1993 when allocating responsibility to Department of Health, Department of Justice or the Commission (r 7(1)-(5)).

Evidence and forensic standards

Regulations 26D and 26H rely on certification procedures under the Road Traffic Act 1974 and the Chemistry Centre (WA) certification regime for analysts and breath testers. Regulation 26D(3) expressly requires breath testing equipment to be “operated in accordance with the instructions set out in the Breath Analysis Regulations Schedule 2”. Regulation 26H requires analysts be certified by the Chemistry Centre (WA) under Road Traffic Act s 65.

Interaction with foreign witness protection and foreign courts

Regulation 9 lists federal and state witness protection laws specified for s 6(5) and s 75(2) of the Act, including the Commonwealth Witness Protection Act 1994 and state/territory Witness Protection Acts (r 9). This affects when disclosure may be limited or protected.
Regulations 21-25 create a mechanism for recognition of foreign protection orders, providing a direct procedural bridge between foreign courts and WA courts; r 23 requires the registrar to notify the foreign court, Commissioner and person subject to a recognised order, and r 24 states that a recognised order “operates in Western Australia as if it were a child protection order made under Part 5 of the Act”.

Administrative and inter-agency disclosure

Regulation 20A lists the agency officials to whom and the circumstances in which disclosure can be made under s 82(1)(cb) and clarifies that disclosure for law enforcement to law-enforcement entities in other countries is permitted under s 82(1)(e) (r 20A(1)-(2)). This explicitly authorises data flows between WA agencies and Commonwealth agencies such as Australian Border Force and the passports agency, and between WA police and interstate/overseas equivalents.

Procedural forms and court practice

Regulations designate specific courts and registrars for relevant processes. The “relevant court” for corresponding protection orders is the Children’s Court if the foreign court corresponds to that court; otherwise, the District Court is the relevant court (r 3 definitions). Regulation 22 allows police to apply for recognition and r 22(2) dispenses with service of the application on the person subject to the order, which may affect procedural fairness obligations anchored in other court practice rules.

Temporality and repeal references

Where the Regulations reference provisions that may have been repealed, they instruct that the reference is taken to be to the provision as it was before its repeal (rr 11A(3), 11(4), 26L(2), 21(2)). This maintains functional continuity with older offence provisions, but means implementation requires checking historical versions of Commonwealth provisions listed.

Interplay with Act provisions

The Regulations operationalise Act provisions: they are repeatedly expressed to be “for the purposes of” specific sections of the Act (see the headings of many regulations such as r 4 (s 3), r 6 (s 3), r 12 (s 27), r 13 (s 31), r 26C (s 94B(8)(a))). The Regulations therefore do not substitute the Act's substantive duties but supply the procedural detail necessary to give those duties effect.

Compliance and potential friction points

Interactions between the Regulations and other instruments create compliance burdens: clinicians must meet sample kit and contamination standards (r 26F); laboratories must be certified by the Chemistry Centre (r 26H); police must follow Breath Analysis Regulations; supervising authorities must coordinate across Department of Justice, Health and the Disability Services Commission. Each cross‑reference requires agencies and professionals to reconcile standards in multiple statutes and instruments in practice, increasing the administrative coordination requirement.

In short, the Regulations are structured to integrate the WA reporting regime with federal and interstate criminal, health, forensic and child protection frameworks by prescribing which external laws and officers are relevant, which foreign orders are recognised, and by importing technical standards from traffic, health and forensic legislation.

The Regulations have been amended repeatedly since their commencement on 1 February 2005 (r 2). The compilation table included in the Regulations text records the amendment instruments, their publication dates and commencement dates. The following is a source-grounded chronology and summary of notable amendments, confined to the amendments and dates shown in the source.

Initial enactment and early amendments

Original regulations: Community Protection (Offender Reporting) Regulations 2004, published 31 Dec 2004, commenced 1 Feb 2005 (Compilation table).
2005 amendments: Two amendment instruments published 9 Dec 2005 (Community Protection (Offender Reporting) Amendment Regulations 2005 and No. 2 2005) inserted the Schedule 1 forms and other early operational materials (Compilation table; Schedule 1 notes indicate forms inserted 9 Dec 2005).

Subsequent amendments through 2009 and 2014

2006 amendment: Gazette 8 Sep 2006 (added to the list of corresponding Acts; r 5 amended) (Compilation table).
2007 amendments: Gazette 1 Jun 2007 (r 3 and others amended; new regs 4 and 5A‑C were inserted in later years as noted). The Reprint 1 indicated the state of the Regulations as at 21 Sep 2007.
2008 amendments: Three amendment instruments in 2008 (28 Mar, 14 Nov, 25 Nov), with changes reflected in Reprint 2 and Reprint 3 (Compilation table). Regulation 21 (corresponding protection orders) has a series of amendments recorded in 2008 and later.
2009 amendment: Gazette 20 Feb 2009 (r 5 amended).
2010-2014: Amendments in 2010 and 2011 (including the addition of class offence lists in 2011, see r 11A and r 11 insertions dated 21 Jan 2011), and the insertion of r 15 prescribing the Western Australian photo card (Gazette 5 Aug 2014 p. 2830). The Reprint 3 is noted as at 11 Apr 2014.

Notable later amendments (2013-2025)

2013 amendments: Significant insertions and procedural details added via the Community Protection (Offender Reporting) Amendment Regulations 2013 dated 8 Nov 2013 (r 26A, 26B, 26C etc appear to have been inserted in that amendment package). These additions include the detailed sampling, analysis and certificate rules (rr 26A-26K) and Schedule 1 forms for sampling and certificates (Forms 5-7). The Gazette entries for 8 Nov 2013 show extensive regulatory additions (Compilation table).
2014-2018: The 2014 amendment (Gazette 5 Aug 2014) inserted r 15 prescribing the WA photo card for identification (r 15). The 2015 amendment (Gazette 16 Jun 2015) adjusted supervising authority provisions (r 7). The 2017 and 2018 amendment instruments updated various cross-references and operational details.
2021 amendments: The 2021 amendment regulations (SL 2021/57, SL 2021/125, SL 2021/192) introduced multiple changes, including updates to classes of offences lists, definitions and deleted certain provisions (Compilation table).
2024-2025 amendments: The Police Regulations Amendment (Criminal Law Mental Impairment) Regulations 2024 (SL 2024/172) and subsequent 2025 amendment instruments (SL 2025/142 and SL 2025/213) inserted and amended numerous provisions: r 6A was inserted to define “sentences” for s 3 referencing the Sentencing Act 1995 Part 3A and dispositions under the Criminal Law (Mental Impairment) Act 2023 (r 6A inserted SL 2024/172 r 4). Regulations 5A-C, 6, and 6A were reworked and inserted or updated by SL 2025/213 and SL 2025/142 (Compilation table entries for 2025). SL 2025/142 includes multiple amendments indicated by cross-references in footnotes throughout the Regulations (see many r amendments annotated “SL 2025/142 r. x”).

Insertions and deletions

New regulations and regimes inserted in later amendments include the detailed sampling regime (rr 26C-26K inserted 8 Nov 2013), the prescription of electronic reporting photograph rules (r 14AA inserted SL 2025/213 r. 6), clarifications about reportable contact details (r 7A inserted SL 2025/142 r. 7), and prescriptions of which agency positions may be delegated to by the Commissioner (r 20B inserted SL 2025/142 r. 15).
Several provisions have been deleted over time; the Regulations indicate deletions (for example r 17 and 18 deleted: SL 2025/142 r. 13; and earlier Form 4 deleted SL 2021/57 r 7). The Compilation table marks deletions and the timing of repeals.

Effect of amendments

The accumulation of amendments shows the Regulations evolving from primarily prescribing forms and correspondences to incorporating detailed forensic, analytical and cross‑jurisdiction recognition mechanics. The 2013 package added rigorous sample collection and evidentiary procedures (rr 26F-26K) that directly affect medical practitioners, police and analysts. Later 2024-2025 amendments integrated the Criminal Law (Mental Impairment) Act 2023 concepts and expanded corresponding order definitions.
The compilation table records each statutory instrument, giving the dates of publication and commencement; for operational compliance it is necessary to consult the active consolidated version since the Regulations have been modified repeatedly.

In sum, the Regulations have been incrementally expanded and refined over two decades, moving from a forms-and-prescription instrument toward a comprehensive operational manual covering forensic sampling, evidence, inter‑jurisdiction recognition, and electronic reporting.

The Regulations themselves do not contain reported litigation or judicial interpretations in the text provided. The compilation and the schedule of amendments list amending instruments and reprints, but the Regulations document does not record case law or judicial decisions concerning their interpretation or application.

Although the Regulations prescribe evidentiary certificates (r 26K) and processes for recognition of foreign protection orders (rr 22-25) that are designed to interact with court proceedings, the Regulations document available here does not include any court decisions applying or testing those provisions. Where the Regulations anticipate litigated outcomes, they do so by setting procedural mechanics likely to affect litigation:

Court recognition of corresponding protection orders: Regulation 22 allows a police officer to apply to the relevant court for recognition of a corresponding protection order and r 22(2) states the application does not need to be served on the person subject to it. Regulation 23 requires the relevant court to recognise the corresponding protection order and requires notification by the registrar. Regulation 24 provides the substantive effect of recognition (operation as a child protection order under Part 5). These prescriptional rules define the procedural posture of litigation and enforcement likely to be litigated (for example, procedural fairness challenges to non-service or challenges to the terms of recognised orders), but the Regulations themselves do not summarise any relevant case law.
Evidentiary certificates and presumptions: Regulation 26K establishes that certain certificates are evidence of the matters certified in them absent proof to the contrary. In practice, such provisions often generate litigation on admissibility, authenticity or the sufficiency of the certificate as proof , but no cases are cited or summarised in the Regulations text provided.
Offences and penalties: The Regulations create offences with specified fines for non‑compliance (r 14AA, r 26D, r 26F). Prosecutions under these provisions would proceed under the Act and be resolved in courts, but the Regulations do not report outcomes or guidance from courts.
Delegations and administrative decisions: R 20B prescribes delegations to the Executive Manager, Serious Offender Registry. Administrative decisions under the Act and Regulations may be subject to judicial review, but no litigation history is provided in the Regulations.

Practical consequence for practitioners and researchers

Absence of reported decisions in the Regulations means legal practitioners must source case law separately when advising on contested points like the adequacy of certificates under r 26K, the legality of recognition without service (r 22(2)), or the scope of disclosure authorised by r 20A. The Regulations create mechanisms expected to be fertile ground for litigation where procedural fairness, evidentiary weight and cross‑jurisdictional recognition intersect; users of the Regulations must therefore consult court databases and authorities to determine how courts have applied these provisions in contested cases.
The Regulations’ structure anticipates common litigation themes: chain-of-custody disputes for biological samples (rr 26F-26G), admissibility of analyst certificates (rr 26I, 26K), and challenges to recognition of foreign orders. Absent decisions in the Regulations, interpretation will rely on statutory construction, related provisions of the Act, and any judicial statements in courts about these or analogous provisions.

In short, the Regulations do not themselves include litigation history; they create procedural and evidential frameworks that are likely to be litigated in practice, and practitioners must consult external case law for how courts have treated these provisions.

The Regulations contain multiple technical and procedural traps for regulated parties. These are operational specifics that, if overlooked, create criminal liability risk, procedural disadvantage, or administrative non‑compliance. The following are concrete “gotchas” grounded in the Regulations.

Electronic-report photograph requirements and heavy fines

A reportable offender who is permitted to make an electronic report must include a passport‑type photograph of head and face taken immediately before or at the time of the report (r 14AA(3)). The penalty is a fine of $6,000. The regulation further requires photographs of tattoos or permanent distinguishing marks and of locations where removed tattoos previously appeared when the report concerns such matters (r 14AA(4)‑(7)), also with a $6,000 fine for non-compliance. Practically, this requires offenders to have camera-capable devices and to comply with strict timing and format constraints, or to risk significant fines.

Timing and immediate photographs

The photograph must be “taken immediately before or at the time the electronic report is made” (r 14AA(3)). The immediacy requirement creates evidentiary risk: a timestamp mismatch or metadata absence could lead to an allegation that the photograph was not taken in the prescribed timeframe.

Identification for in-person reporting: photo card

The prescribed form of identification for s 38(2A)(a)(iv) is a current Western Australian photo card as defined in the Western Australian Photo Card Regulations 2014 (r 15). An offender lacking this particular form of photo ID may face difficulty verifying identity at in-person reporting, particularly if they do not hold a driver licence or passport.

Strict breath and sample procedure with specified personnel and equipment

Breath tests must be conducted by an “authorised breath tester” in the presence of an authorised police officer and on breath testing equipment approved under the Road Traffic Act 1974 and operated according to the Breath Analysis Regulations Schedule 2 (r 26D(2)-(3)). Any deviation,unauthorised operator, non-approved equipment, or failure to follow Breath Analysis Regulations,could lead to exclusion of evidence or procedural challenge.
Blood and urine samples require specific equipment items and quantities (r 26F(1)), serially numbered packages and certificates fixed over package openings (r 26G(2)-(4)), and delivery of one sealed package to the offender and one to an authorised police officer (r 26G(4)(b)-(c)). Failure to follow kit contents or sealing procedures could undermine evidentiary value.

Authorised sample collector requirement and form for requests

Only an authorised sample collector (medical practitioner, registered nurse, phlebotomist) may take the sample (r 26E(1)). They may act only if the authorised police officer has provided a request in the approved form (r 26F(2) and Schedule 1 Form 5). If a police officer fails to supply the approved form, the sample collector may be unable to lawfully collect a sample.

Chain-of-custody and certificate dependence

The Regulations rely heavily on serial numbering and certificates (r 26G(2)-(4), Schedule 1 Form 6). Errors in serial numbering, failure to fix certificates over openings or to provide the offender with their sealed package risk causing the certificate to be vulnerable to challenge. While r 26K makes certificates prima facie evidence absent proof to the contrary, that presumption can be rebutted if procedural defects are shown.

Remote reporting and 100 km distance

The prescribed distance for reporting by remote offenders is 100 km (r 16). Offenders and supervising authorities must understand when the remote reporting provisions apply; miscalculating distances could lead to non‑compliance accusations.

Notice obligations and multiple potential notifiers

Regulation 19 assigns responsibility among several actors to give notice of reporting obligations depending on where the offender was sentenced, whether they enter WA, immigration detention status, and whether they are present in court (r 19(a)-(g)). The multiplicity of possible notifiers creates a risk that no one gives notice, exposing an offender to claims of wilful non‑compliance when in fact notification did not occur. The Commissioner is specified as the notifier in certain contexts (r 19(c)-(d), (ea), (f)-(g)), which centralises responsibility but also creates a potential single point of failure.

Recognition without service

A police officer may apply for recognition of a corresponding protection order and the application need not be served on the person subject to the order (r 22(1)-(2)). Practitioners representing subjects of foreign orders should note that recognition can be obtained in their absence, although the registrar must notify the person once recognised (r 23(2)(a)(iii)). This can create surprise enforcement if a subject is not proactively monitoring their status.

Interplay of multiple statutes and historical versions

Regulations 11A, 11 and 26L reference specific Commonwealth Criminal Code and Crimes Act provisions and instruct that if a referenced provision has been repealed the reference is to the provision as in force before repeal (rr 11A(3), 11(4), 26L(2)). Lawyers and compliance officers must therefore check historical statutory texts to determine whether an offence is captured, which raises practical research complexity.

Delegation and confidentiality pathways

Regulation 20A identifies multiple classes of agency officials who may receive disclosure of information under s 82. This broad list (including Commonwealth Australian Border Force and passports agency officials) potentially broadens the number of officials receiving sensitive information about reportable offenders; parties should be aware of the scale of possible disclosure.

Formality of online acknowledgements and unique reference numbers

Regulation 14A prescribes that unique reference numbers can be given by email to addresses provided in the online report. If the email is not supplied correctly by the reporter, the acknowledgement may be sent to an incorrect or non‑functional address, weakening proof of report submission.

Medical authorisations for absences

A request for an authorised absence from assessment or treatment on medical grounds requires a medical certificate describing the illness/injury and stating the expected period of incapacity; the Commissioner must be satisfied that the illness prevents assessment/treatment (r 26A(2)). Absence requests lacking sufficient medical detail or timeliness may be refused and could expose an offender to enforcement action.

In short, compliance with the Regulations turns on detailed procedural and technical steps,photograph timing and format, precise sampling kit contents and chain of custody, approved forms, serial numbers, and inter-agency notices. The Regulations create a compliance environment where technical errors in process can have outsized enforcement and evidentiary consequences.

Complying with the Regulations requires administered processes for agencies, policing units, sample collectors and reportable offenders. The following is a practical, source-grounded checklist and operational guidance keyed to specific regulations and forms.

Maintain up-to-date awareness of the Regulations and active consolidated text

The Regulations have been amended repeatedly (see compilation table). Compliance systems must reference the current consolidated Regulations and the Act. Pay particular attention to recently inserted provisions (for example rr 14AA, 26A-26K and r 20A/20B) and to the lists of corresponding Acts (r 5) and offences (rr 11A, 11, 26L).

For reportable offenders: follow reporting and identification rules

Electronic reports: If the Commissioner permits electronic reporting via an online reporting tool or email (r 14AA(2)), ensure that the required passport-type photograph of head and face is included and was taken immediately before or at the time of the report (r 14AA(3)). For changes involving tattoos or distinguishing marks, include photographs as required under r 14AA(4)-(7). Be aware that failure to include required photographs incurs a fine of $6,000 (r 14AA(3)-(4), (7)).
Unique reference numbers: Obtain and retain the unique reference number or acknowledgement sent as prescribed: for online reports, an email sent to the address provided is a permissible manner (r 14A(2)(a)); for email reports, a reply to the email address from which the report was made suffices (r 14A(2)(b)).
In-person reporting: Carry an accepted form of photo identification; a current WA photo card is prescribed for s 38(2A)(a)(iv) (r 15).
Reporting while outside WA: If out of WA, report change of travel plans by mail to the post address nominated by the Commissioner (r 13). For persons entering WA who must contact an authorised person, permitted contact means include email (r 12(1)(b)) and, if telephone and email are impossible, mail (r 12(1)(c)); the Commissioner nominates the relevant addresses (r 12(2)).

For police and authorised officers: sample direction and breath test procedures

Direction to give sample: When requiring a breath test, give a verbal direction as allowed by r 26C(2). For blood/urine tests, either give a verbal direction or provide a notice in the approved form (r 26C(3)).
Breath testing: Ensure an authorised breath tester conducts the test in the presence of an authorised police officer and that the breath testing equipment is approved under the Road Traffic Act and used per Breath Analysis Regulations Schedule 2 (r 26D(2)-(3)). Instruct the offender to comply with the authorised breath tester’s directions and understand that non-compliance is an offence (r 26D(4)-(5)).
Blood/urine sampling: Use only authorised sample collectors (medical practitioner, registered nurse, phlebotomist) (r 26E(1)) and ensure the authorised sample collector receives the approved form request (Schedule 1 Form 5) from an authorised police officer before collection (r 26F(2)). Ensure sample kit contents satisfy r 26F(1) for blood kits and urine sampling equipment and that the sampling method is the least painful reasonably available (r 26E(2)).
Chain of custody: Require authorised sample collectors to split samples approximately one half/one half, seal each in serially numbered packages and affix the authorised sample collector’s certificate over the opening (r 26G(2)-(4)). Obtain and retain one of the sealed packages and give the other to the offender; ensure the authorised sample collector completes Schedule 1 Form 6 (r 26G(5) and Form 6).

For authorised sample collectors and analysts

Only take samples when requested on Schedule 1 Form 5 by an authorised police officer (r 26F(2)). Use only the prescribed blood sampling and urine sampling equipment set out in r 26F(1). Ensure the sample is taken according to the prescribed method (rr 26F(5)-(7)) and that the sample is handled per r 26G sealing and certification requirements.
Analysts must be certified by the Chemistry Centre (WA) as per r 26H(1) before analysing blood alcohol content or drugs. After analysis, provide written certificates to the reportable offender and the Commissioner using Schedule 1 Form 7 (r 26I(2)-(3)).

For supervising authorities and agencies

Know your supervisory role per r 7: Department of Justice is supervising authority in many custody, community order and parole cases (r 7(1)); Department of Health is supervising authority in relation to detainees under the Criminal Law (Mental Impairment) Act 2023 (r 7(2)); Disability Services Commission is supervising authority for residents (r 7(4)).
Give notices: If you are the person specified in r 19 for the factual scenario (for example an officer of the Department of Justice for offenders entering custody under a sentence), ensure notices of reporting obligations are given in due form. When notifying the Commissioner under s 70(1), include the prescribed details set out in regulation 20: offender’s name, relevant event, date of event, name/title/signature of notifying supervising authority and date of notice (r 20).
Assessors and treatment providers: Provide written reports to the Commissioner identifying recommended treatments and reasons as soon as reasonably practicable after assessment (r 26B(1)-(2)); if administering treatment, report the type of treatment and whether intended outcomes are being achieved upon request or after completion (r 26B(3)-(4)).

For courts, registrars and legal practitioners

Recognising foreign protection orders: If you receive an application under r 22, note that the application need not be served (r 22(2)) and the relevant court is to recognise the corresponding protection order (r 23(1)). The registrar must notify the foreign court, Commissioner and person subject to the order and deliver a copy to the Commissioner (r 23(2)). Understand that recognition causes the order to operate as a child protection order under Part 5 with the terms and duration set out in the recognised order (r 24(1)).
Evidence and prosecutions: Where prosecutions are contemplated under s 101 of the Act, be ready to rely on certificates as evidence per r 26K, and ensure certificate forms (Form 6 authorised sample collector and Form 7 analyst) are properly completed to meet the r 26K evidentiary presumption.

Data sharing and disclosure

Follow r 20A: only disclose information to the agency officials and circumstances prescribed. Ensure data-sharing agreements, memoranda of understanding or internal legal advice document appropriate uses and safeguards especially when sharing with Commonwealth border or passport agencies or interstate/overseas police.

Practical administrative measures

Training: Police, sample collectors, health staff and registry staff must be trained on kit contents, serial numbering, sealed packaging procedures and forms (rr 26F-26G, Forms 5-7).
Equipment procurement: Agencies should procure and maintain the specified kits for blood and urine sampling and maintain inventories of serially numbered packages and certificates compliant with r 26F(1) and r 26G.
IT and online reporting tools: If an online reporting tool is used, ensure it captures photographs meeting passport standards and timestamps the photograph upload to demonstrate compliance with r 14AA(3). Configure the online tool to capture an email address for the unique reference number to be sent in accordance with r 14A(2)(a).
Records retention: Keep copies of notices, authorised absence requests and authorisations (r 26A(1)-(7)), sample collection certificates (Form 6), analyst certificates (Form 7) and Commissioner acknowledgements. These are important for defending prosecutions and for administrative reviews.

Audit and review

Regular audits of compliance with sampling, sealing and chain-of-custody steps, training records for authorised personnel, and functioning of online reporting and unique reference number delivery should be scheduled. Non-conformance should be rectified and documented.

By aligning internal processes with the Regulations’ precise procedural prescriptions,forms, serial numbers, specified personnel, and notification content,agencies and regulated persons can materially reduce enforcement and evidentiary risks.

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