High Risk Serious Offenders Act 2020

The Act rests on a set of defined conceptual elements that determine who may be subject to its measures, how decisions are to be reached, and how oversight and coordination are performed.

Serious offences, the predicate category for the Act, are those listed in Schedule 1 (Division 1) or offences listed in Schedule 1 Division 2 where the specified circumstances apply (s 5(1)-(1)(b)). The definition is expansive: it reaches offences under repealed laws if the conduct would now constitute a serious offence (s 5(2)), and includes conspiracy, attempt or incitement (s 5(3)), offences under Commonwealth or foreign law that would equate to a Schedule 1 offence if they had occurred in Western Australia (s 5(4)), and certain Commonwealth sexual or violent offences prescribed as serious offences (s 5(5)). A sentencing court may also declare an offence to be a serious offence under the Sentencing Act process (s 5(6)).

"High risk serious offender" is a statutory finding: the court must be satisfied, on acceptable and cogent evidence and to a high degree of probability, that a restriction order is necessary to ensure adequate protection of the community against an unacceptable risk of the offender committing a serious offence (s 7(1)). The State bears the onus (s 7(2)). The court’s deliberation must have regard to listed risk and rehabilitation factors (s 7(3)), and must disregard temporary restraints such as imprisonment or bail when assessing future risk (s 7(4)).

Restriction orders take two forms. A continuing detention order is for indefinite detention for control, care or treatment (s 26(1)-(2)). A supervision order imposes specified conditions when the offender is at liberty (s 27(1)-(3)). Supervision orders must include a set of standard conditions (reporting, supervision by a community corrections officer, notification of change of name/residence/employment, prohibition on leaving the State without permission, prohibition on committing a serious offence, and electronic monitoring) as set out in s 30(2)(a)-(g). The court may add conditions to protect victims and for rehabilitation (s 30(3)-(5)), and may impose curfew and publication restrictions (s 30(6)).

Procedural concepts include the preliminary hearing (s 46), the State’s duty of disclosure of evidentiary material (s 39), the offender’s duty to disclose expert evidence material at least 28 days before the hearing (s 41), and statutory rules for reports by qualified experts and other reporters (s 74-75). The Act designates certain actors with standing to apply under the regime: the Attorney General, the Director of Public Prosecutions or State Solicitor (s 11), and in limited circumstances the CEO, police officers and community corrections officers for particular applications (s 11(6)-(8)).

Institutional and cross‑agency concepts feature prominently. The High Risk Serious Offenders Board (s 14-23) is an inter‑agency body with functions to develop expertise, coordinate agencies and promote information sharing (s 15). Supporting agencies are defined broadly and must cooperate and share information where necessary or conducive to serious offender functions (s 3; s 24-25). The Act also limits FOI access to documents created for the Act (s 13), and amends a range of other statutes to integrate the regime (Part 9).

Evidence and review concepts: the court must hear admissible evidence from both State and offender (s 84(3)), but may receive specified prior materials and transcripts in evidence (s 84(5)). Periodic review of continuing detention orders is mandatory: the State must apply so that reviews occur around one year after the offender first is in custody because of the order and thereafter at two year intervals (s 64(2)). Offenders may apply for review with leave and exceptional circumstances (s 65).

The Act allocates costs, decisions and obligations across several actor groups: the State (Attorney General, DPP, State Solicitor and CEO), supporting agencies and public sector bodies, courts and judicial officers, offenders (both those under custodial sentences and those under restriction), victims of serious offences, and community members appointed to the Board.

The State is the principal actor who initiates proceedings and bears the evidentiary burden: applications are made in the name of the State by the Attorney General, the DPP (by authorisation) or the State Solicitor (s 11(1)-(4)). The State has the onus to satisfy the court of high risk (s 7(2)) and must comply with disclosure obligations of evidentiary material to the offender after the preliminary hearing (s 39(1)-(3)). The CEO has operational responsibilities: the CEO may be the Board chairperson (s 17(3)), may engage experts and provide information to reporters (s 67(1); s 76), and may make particular applications (s 11(6)).

Supporting agencies are a defined class including the Department, Health, Housing, Police, the Prison Service, the DPP and Board/Parole bodies, and any other public sector body prescribed by regulation (s 3). Those agencies must cooperate in the performance of serious offender functions (s 24) and may lawfully disclose information between each other where necessary or conducive to those functions (s 25(1)). Such disclosures, made in good faith, attract statutory immunity from civil or criminal liability and are not to be regarded as breaches of confidentiality or professional standards (s 25(2)).

Offenders are central subjects. The Act applies to "serious offender under custodial sentence" and "serious offender under restriction" (s 3 definitions). Offenders face duties to disclose expert evidence material (s 41) and to comply with supervision conditions including electronic monitoring, curfew, reporting and restrictions on leaving the State (s 30(2)-(3); s 31-32). Non‑compliance is criminalised (s 80). The Act also treats persons found unfit to stand trial as capable of having orders made against them (s 79).

Courts and judicial officers decide the key liberty and supervisory outcomes. The Supreme Court hears restriction order applications (s 35-36). Magistrates have a defined role in issuing warrants and orders permitting publication of a suspect’s photograph pending arrest (s 51-52). The Court of Appeal hears appeals against decisions under the Act, subject to specified exceptions, and appeals are by way of rehearing (s 69-71).

Victims of serious offences are given a formal participatory role: they may make written victim submissions for relevant applications and the court must have regard to those submissions where made and made available at the hearing (s 60-62). Community members appointed to the Board are to have specified attributes including Aboriginal cultural knowledge or risk assessment experience and are entitled to remuneration (s 18).

The Act also affects other statutory regimes: it repeals the Dangerous Sexual Offenders Act 2006 (s 123) and includes consequential amendments across a suite of enactments (Part 9). It restricts Freedom of Information access to documents created for the Act (s 13), thereby affecting public access to materials generated under this scheme.

The Act sets out statutory duties for the State, supporting agencies, the CEO, offenders, reporters and the Board, and codifies certain procedural rights for offenders and victims.

State duties and rights:

• The State must bring applications in the name of the State and bears the onus to prove the high risk finding on acceptable and cogent evidence to a high degree of probability (s 11(1)-(3); s 7(1)-(2)).
• After the preliminary hearing, the State must give the offender any evidentiary material in the applying agency’s possession that may be relevant, and any other prescribed documents (s 39(1)). New evidentiary material must be disclosed as soon as practicable (s 39(2)-(3)).
• The State may discontinue an application and, if it does, any interim custody order is discharged (s 47).

Supporting agencies and CEO:

• Supporting agencies must cooperate in serious offender functions and provide reasonable assistance and support to each other (s 24(1)-(2)). Cooperation may include multi‑agency management plans and joint programs (s 24(3)).
• Supporting agencies may disclose information to other supporting agencies when necessary or conducive to serious offender functions and have statutory immunity for good‑faith disclosures (s 25(1)-(2)). The recipient agency is bound by the same confidentiality duties (s 25(3)).
• The CEO must engage qualified experts to prepare reports for reviews unless the court orders otherwise (s 67(1)). The CEO must also provide reporters with relevant documents in the CEO’s possession and may edit documents to remove identifying or irrelevant material (s 76(1)-(3)). The CEO must provide copies of material given to reporters to the State (s 76(4)).

Offender duties and rights:

• Offenders must disclose expert evidence material at least 28 days before the day fixed for the hearing (s 41(2)). Additional material obtained afterwards must be lodged as soon as practicable (s 41(3)).
• Offenders are entitled to appear at hearings and may do so in person or by audio/video link (s 86(2)-(4)). They may file affidavits for preliminary hearings (s 44).
• Offenders have the procedural protections of evidence rules subject to statutory modifications; the court must hear admissible evidence called by the State and, if the offender elects, hear the offender’s evidence (s 84(3)-(4)).
• Offenders face duties to comply with supervision order conditions and with directions for electronic monitoring and curfew; contravening a supervision order is an offence (s 30(2); s 31; s 32; s 80).

Reporter duties:

• Qualified experts ordered under s 74 must examine the subject and prepare independent reports assessing the level of risk and reasons for the assessment (s 74(1)-(2); s 74(4)).
• Reporters under s 75 must examine the subject if necessary and set out opinions on specified questions and the basis for those opinions (s 75(1)-(2); s 75(4)).
• Reporters must provide copies of their reports to the State within 7 days and the State must give the subject a copy within 3 days (s 78).

Board duties and functions:

• The Board is tasked to develop expertise in assessment and management of offenders, facilitate cooperation and information-sharing between relevant agencies, develop best practice standards and advise on resourcing, service provision and training (s 15(1)(a)-(e)). The Board may do anything necessary for these functions (s 15(2)).

Victim rights:

• Victims may make written submissions on the need to ensure adequate protection of the victim in relevant applications, and the court must have regard to such submissions if they are made available at the hearing (s 60-62).

Judicial duties and standards:

• The court must give detailed reasons when making a restriction order (s 28).
• In any decision about making or amending a supervision order, the paramount consideration is to ensure adequate protection of the community (s 48(2); s 55(3)).
• The court must disregard temporary incapacitation by imprisonment, remand or bail when assessing whether an offender is a high risk serious offender (s 7(4)).

Procedure and evidence adjustments:

• The Act provides for a preliminary hearing to test whether there are reasonable grounds to proceed (s 46(1)).
• The court may decide certain matters on the papers and accept prior court transcripts and materials as relevant (s 83-84(5)).

The Act creates criminal offences and enforcement powers attached to supervision orders, electronic monitoring and curfews, and prescribes judicial and administrative enforcement mechanisms.

Criminal offences and penalties:

• Contravening a supervision order without reasonable excuse is an offence. The statutory penalty is imprisonment for 3 years and a fine of $36,000 (s 80(1)). The Act provides special sentencing consequences for contraventions that are also contraventions of electronic monitoring provisions: where the act or omission is also an offence under s 33(3) (interfering with an electronic monitoring device) the sentencing court must impose at least 12 months imprisonment and must not suspend that term, subject to a narrow exception where 12 months would be clearly unjust (s 80(2)-(3)).
• Interfering with required electronic monitoring devices is an offence carrying imprisonment for 3 years (s 33(3)). The Act provides that if an offender aged 18 or over is convicted of such an offence, a court must impose at least 12 months imprisonment and not suspend that term, unless such a sentence would be clearly unjust (s 33(4)-(5)). That specific mandatory minimum mirrors the provision in s 80(2) but applies directly to device interference.
• There are additional summary penalties for obstructing enforcement of monitoring and curfew powers: failing to comply with a direction to surrender an installed device or hindering retrieval attracts a fine of $12,000 or imprisonment for 12 months (s 33(2)); hindering a community corrections officer in curfew compliance inquiries, or failing to answer or giving false answers to questions, also attracts the same fine or imprisonment (s 33(7)).

Enforcement powers:

• Community corrections officers have power to direct an offender to wear an approved electronic monitoring device, to permit installation at a residence or other place, to direct charging of devices and to give other directions necessary for proper administration (s 31(3)(a)-(c); (ba); (bb); (c)). The Act contemplates suspension of electronic monitoring if impracticable or unnecessary (s 31(4)).
• A community corrections officer may enter a place where an electronic monitoring device has been installed to retrieve it and may direct the occupier to hand it over (s 33(1)). For curfew compliance, the community corrections officer may enter or telephone specified premises, the offender’s place of employment, and question persons at those places (s 33(6)). Obstruction is an offence (s 33(2) and s 33(7)).
• Police or community corrections officers who reasonably suspect likely contravention may apply to a magistrate for a warrant to arrest the offender and bring them before the Supreme Court to consider contravention (s 51(1)-(3)). The magistrate may issue a warrant only if the application is supported by evidence on oath (s 51(5)). For arrest under the warrant, police may enter and search premises where they reasonably suspect the offender to be present (s 51(6)).
• A magistrate issuing such a warrant may permit publication of the offender’s photograph under the Community Protection (Offender Reporting) Act 2004 pending arrest (s 52(1)), subject to necessity for justice and community protection (s 52(3)). Publication orders override supervision conditions and other court orders that would otherwise prohibit publication (s 52(2)).

Judicial remedies:

• On hearing proceedings under s 53 (when offender brought before the Court under warrant or charged with s 80 offence), if the court is satisfied on the balance of probabilities that the offender has contravened or is contravening a supervision order, the court must either rescind the supervision order and make a continuing detention order, or amend or extend the supervision order, or affirm it without amendment (s 55(1)). If the court is satisfied that the offender is likely to contravene, similar remedial powers apply (s 55(2)). The paramount consideration is community protection (s 55(3)).
• During contravention proceedings the court may detain or release the offender, but cannot release unless satisfied on the balance of probabilities that exceptional circumstances justify release and the offender will substantially comply with standard conditions; the onus for the latter is on the offender (s 56(2)-(4)). If released the court may make interim amendments to ensure community protection (s 56(7)(b)).

Evidence rules and procedure that affect enforcement:

• Proceedings under the Act are declared to be criminal proceedings for all purposes (s 82(1)), but the Act’s standard for making the high risk finding is the "high degree of probability" standard in s 7(1), and s 82(2) states that nothing requires evidence for the Act to be at a higher standard than that prescribed by s 7(1).
• A new evidentiary certificate regime applies for electronic monitoring matters: certificates in an approved form signed by the CEO or a community corrections officer are to be evidence of the matters stated, without proof of signature or appointment, and copies of instructions may be certified as evidence (s 81A(2)-(3)).

Other enforcement features:

• The Bail Act does not apply to persons detained under this Act except in narrow circumstances (s 10). Appeals do not stay decisions unless the Court of Appeal orders otherwise; where the appeal could result in someone being detained, the court may order detention until final determination (s 70).

The Act is designed to sit alongside and modify other statutory regimes. It expressly repeals the Dangerous Sexual Offenders Act 2006 (s 123) and contains broad consequential and integrative amendments across multiple enactments (Part 9). The text uses cross‑references to existing evidence, sentencing, plea and administrative statutes, and limits access under Freedom of Information.

Key cross‑statutory interactions and amendments:

• Repeal and transition: The Dangerous Sexual Offenders Act 2006 is repealed (s 123). Proceedings, orders and materials under the repealed Act that remain pending at commencement continue and are to be treated as if made under corresponding provisions of this Act (s 124-125). This preserves continuity for cases in progress.
• Sentencing Act and Sentence Administration Act: The Act updates definitions and cross‑references in the Sentence Administration Act 2003 and the Sentencing Act 1995 to align serious offence definitions with Schedule 1 of this Act (s 103-116; s 120). The Sentencing Act mechanism for declaring an offence a serious offence is retained and linked (s 5(6); s 120(3)).
• Evidence Act and procedure: The Act refers to the Evidence Act 1906 (s 39(5)) on disclosure limitations (sections 19C and 106HB(3)) and preserves rules on public interest immunity and privilege when making disclosure (s 39(5)(b)-(c)). The Act also modifies evidentiary practice in restricted ways: courts may receive prior transcripts and materials (s 84(5)) and may decide certain matters on the papers (s 83).
• Freedom of Information: The Act limits FOI access to documents prepared under the Act or for the purposes of proceedings under the Act (s 13). Part 9 amends the Freedom of Information Act 1992 Schedule 2 to designate the High Risk Serious Offenders Board as an exempt body and to treat the State Solicitor as a separate agency for documents related to functions under this Act (s 100-102).
• Bail and criminal procedure: The Bail Act 1982 is made inapplicable to persons detained under this Act except in narrow cases (s 10). The Criminal Procedure Act 2004 is amended to reflect the new offence provisions and authorised officers (s 97-99).
• Community reporting and publication: The Community Protection (Offender Reporting) Act 2004 is amended to include HRO supervision orders and to adjust the criteria for publication of photographs and locality for persons under supervision (s 92-96).
• Prisons Act and related corrections law: The Prisons Act 1981 and Sentence Administration Act are amended to reflect the new definitions and management obligations for prisoners and offenders under restriction (s 119; s 103-116).

Operational interactions and information flows:

• The Act creates statutory duties and immunities for disclosure between supporting agencies (s 24-25). Those provisions interact with other confidentiality regimes and statutes on information sharing, but the Act explicitly preserves privilege, public interest immunity and other written laws that restrict disclosure (s 39(5)(b)-(d); s 76(3) allows editing for identifying material).
• CEOs, qualified experts and agencies are required to provide or seek relevant reports and information under s 76-77, including recourse to the court to compel production (s 77(2)).

Procedural and evidential interaction:

• The Act declares proceedings under it to be criminal proceedings (s 82(1)), so criminal procedural norms apply, but also introduces distinctive thresholds, such as the "high degree of probability" standard for the high risk finding (s 7(1)). Appeal rights are to the Court of Appeal with rehearing powers (s 69-71), and the Act excludes appeals on specific preliminary disclosure and interim orders (s 69(3)).

Regulatory gaps and cross‑reference requirements:

• Several aspects are left to regulations and to other agencies: equipment and device approval is by the CEO (s 31(1)), approved forms are to be set by the CEO (s 89), and the Governor may prescribe regulations for matters necessary to give effect to the Act (s 90). The Act therefore anticipates subordinate instruments and administrative rules to operationalise device use, data retention and other practical matters.

The statute as compiled includes subsequent amendments inserted by later Acts, as indicated in the compilation table and inlined amendment notes. The text supplied contains annotations showing amendment sources and dates for specific provisions. The formal commencement of different Parts and sections occurred on specified dates and by proclamation (s 2; compilation table). The Act also contains a built‑in repealing mechanism for unproclaimed provisions if not brought into operation within ten years (s 2(2)).

Recorded amendments and insertions in the text:

• The term "committing" was amended by No. 10 of 2023, s 348 (annotated after s 6). Section 79 (offender unfit to stand trial) was amended by No. 10 of 2023, s 349 (see s 79 note).
• The Schedule and certain offence listings were amended by No. 28 of 2024 (Family Violence Legislation Reform Act 2024) and No. 31 of 2023 (Western Australian Marine Amendment Act 2023). For example, Subdivision 3 of Schedule 1 lists Criminal Code offences and notes [Subdivision 3 amended: No. 28 of 2024 s. 46]. Subdivision 6 (marine offences) was inserted by No. 31 of 2023 s 35 and noted in the compilation table.
• The Act includes later insertions such as section 31 amendments (No. 28 of 2024 s 43) and insertion of section 81A (No. 28 of 2024 s 45) providing the evidentiary certificate scheme for electronic monitoring (see s 31 note and s 81A insertion note).
• Part 9 contains numerous consequential amendments to other Acts. These are set out as discrete sections that amend other statutes (s 92-121). For example, s 93 amends section 85A of the Community Protection (Offender Reporting) Act 2004 to replace references to the previous DSO regime with the HRO regime, add new definitions and integrate HRO supervision orders into publication rules.
• The compilation table at the end records the primary Act (29 of 2020) with its assent and commencement dates, and also records commencement of amendment provisions by later statutes with dates (e.g. Criminal Law (Mental Impairment) Act 2023 commenced 1 Sep 2024; Family Violence Legislation Reform Act 2024 Pt. 6 and specific sections commenced 18 Sep 2024 and 18 Dec 2024 respectively). The compilation also notes uncommenced provisions in Schedule 1 Division 2 Subdivision 1 item 1 and references to the Evidence Act 2025.

Review and statutory expiry mechanics:

• Section 2 sets commencement mechanics and a ten year fallback repeal for uncommenced provisions: if the rest of the Act is not proclaimed within ten years the uncommenced provisions are repealed and, if no day is fixed for commencement at all, the entire Act is repealed after ten years (s 2(2)(a)-(b)).
• Section 91 requires the Minister to review the operation and effectiveness of the Act as soon as practicable after the 5th anniversary of section 91’s operation, and thereafter at intervals of not more than five years, and to lay a report before Parliament (s 91(1)-(2)).

Transitional amendments:

• Part 10 preserves continuity: proceedings, orders and actions commenced under the repealed Dangerous Sexual Offenders Act 2006 continue and are treated as under this Act for purposes of determination (s 124). Existing orders, directions, summonses and warrants under the repealed Act remain in force and are taken to have been made under corresponding provisions of this Act (s 125).

The text includes in‑line amendment markers and dates. For precise legislative history a user would consult the compilation table and statute amending citations in the text (e.g. "Section X amended: No. Y of Z s. N"). The Act also contains notes about parts of the Schedule and specific items that are uncommenced and await proclamation.

The supplied text contains no case law or judicial decisions. It includes no named judicial authorities or reported decisions. The Act contains procedural and evidentiary rules that will be subject to judicial interpretation but the material provided does not reference any litigation or appellate decisions arising under the Act.

Practical implications for litigation:

• Appeals: the Act permits appeals to the Court of Appeal by the State or a person affected by a decision under the Act, except for specified interlocutory or disclosure rulings (s 69(1)-(3)). Appeals are by way of rehearing and the Court of Appeal has full powers of the original court, may draw inferences, and may receive further evidence on special grounds (s 71(1)-(2)).
• Interim orders: many of the Act’s contested matters will be litigated at preliminary hearings (s 46) and at full hearings. Section 46 sets a lower threshold for proceeding to the full hearing: whether there are reasonable grounds for believing the court might find the high risk threshold at the full hearing (s 46(1)). The State’s disclosure obligations are triggered as soon as practicable after the preliminary hearing (s 39(1)), which frames evidence management and pre‑trial strategy.
• Evidence and procedural modifications (s 83-84) permit certain matters to be decided on the papers and to admit prior proceeding transcripts and materials in evidence. Those procedural features will likely shape litigation practice but the Act provides no reported authority in the materials supplied.

Because the supplied Act text excludes external jurisprudence, practitioners must look to later cases interpreting the high degree of probability standard in s 7(1), the scope of the court’s discretion between detention and supervision (s 48(2); s 55), the operation of the disclosure regime (s 39-42), and the evidentiary certificate provisions for electronic monitoring (s 81A). The Act’s declaration that proceedings under it are criminal for all purposes (s 82(1)) may also produce litigation on points of procedure and rights.

The Act contains numerous procedural traps and operational features that practitioners and agencies should note because they directly affect burdens, timing, evidentiary obligations and administrative discretion.

High standard for the substantive finding:

• The court’s ultimate finding that a person is a high risk serious offender requires satisfaction "by acceptable and cogent evidence and to a high degree of probability" that a restriction order is necessary for adequate protection (s 7(1)). That is an elevated phrasing distinct from a simple balance of probabilities; the Act itself imposes that standard. The State nevertheless has the onus (s 7(2)), so prosecutors must prepare to meet a demanding evidentiary requirement.

Preliminary hearing threshold and disclosure timing:

• The preliminary hearing is designed as a gatekeeper to the full hearing, with the test being whether there are reasonable grounds for believing that the court might find the high risk threshold at trial (s 46(1)). If satisfied, the court will generally order psychiatric and psychological examinations (s 46(2)(a)) and set a hearing date (s 46(2)(d)). The State’s primary disclosure obligations are then triggered "as soon as practicable after the preliminary hearing" (s 39(1)). The timing and completeness of disclosure can be pivotal; s 39(4) requires notice of witness names where no statement exists and allows inspection notices where copying is impracticable.

Offender onus for supervision amendments:

• A court cannot make or amend a supervision order unless satisfied, on the balance of probabilities, that the offender will "substantially comply" with the standard conditions (s 29(1)). The onus is on the offender (s 29(2)). This shifts the evidentiary burden onto the offender for any attempt to obtain or amend a supervision order. Practitioners must know this when advising clients about prospects for community‑based supervision.

Interplay between criminal sanctions and civil supervisory orders:

• Contravention of a supervision order is both a criminal offence (s 80) and, in the supervisory context, a basis for rescission and detention under s 55. There is an overlap between administrative supervisory outcomes and criminal prosecution: an offender may face both a detention order and criminal proceedings for contravention of the order. Section 81 contains procedural rules limiting and channeling prosecutions for s 80 offences, including transfer and summary dealing in the Supreme Court and constraints on who may commence a prosecution in that court (s 81(2)-(4)).

Device and electronic monitoring evidentiary regime:

• The Act gives the CEO and community corrections officers control over device approval (s 31(1)). It also creates a certificate regime for electronic monitoring matters: a certificate in approved form signed by the CEO or a community corrections officer is admissible without proof of signature or appointment (s 81A(2)). This statutory presumption can be decisive in prosecutions for device‑related contraventions. Practitioners should scrutinise certification forms and chain of custody issues.

No express funding allocation or fee rules:

• The Act directs the CEO to engage qualified experts and to provide data to reporters (s 67(1); s 76), but does not specify who bears the financial cost of electronic monitoring devices, their installation, maintenance or the costs of reports beyond the CEO’s engagement authority. The Act therefore prescribes functions and approvals but leaves operational funding, device procurement and administrative arrangements to agencies and regulations.

Disclosure carve‑outs and privilege:

• The disclosure regime requires the State and agencies to disclose evidentiary material but preserves other written law, privilege and public interest immunity (s 39(5)(b)-(d)). The Act also restricts FOI access to documents created under or for the purposes of the Act (s 13). Practitioners must navigate these overlapping protections and the Act’s express preservation of other confidentiality laws.

Mandatory minimum sentencing intervals for device interference:

• The Act imposes mandatory minimums for device interference: if convicted of interfering with electronic monitoring and aged 18 or over, the court must sentence to at least 12 months imprisonment unless that would be "clearly unjust" (s 33(4)-(5)). Similarly, contravening a supervision order that is concurrently an offence under s 33(3) carries the same minimum via s 80(2). These mandatory features restrict sentencing flexibility.

FOI and information management:

• Access to material created for the Act is limited under s 13. In addition, the Act makes the Board subject to Schedule 2 exemptions in the Freedom of Information Act (s 101). Practitioners should be aware that evidence and working materials generated in the course of case preparation may be excluded from public access.

Statutory requirement to disregard temporary prevention:

• The court must disregard the possibility that the offender might be temporarily prevented by imprisonment, remand or bail when assessing the risk (s 7(4)). This prevents the State from relying on imminent incarceration or remand to justify a lesser supervisory response and requires courts to assess background risk independent of short‑term incapacitation.

Review and appeal timing:

• Appeals must generally be commenced within 21 days (s 69(2)). The Court of Appeal may order that decisions remain in effect pending appeal (s 70). Practitioners must be attentive to tight timeframes and the possibility that appeals will not operate as automatic stays.

For each actor group the Act sets out concrete steps and procedural obligations; the following checklist summarises what implementing agencies, legal practitioners, offenders and victims should do to comply with statutory duties and rights.

For the State, Attorney General, Director of Public Prosecutions and State Solicitor:

• Prepare applications that set out the relief sought (continuing detention or supervision) under s 35-36 and ensure they are accompanied by affidavits the State intends to rely on (s 37(1)). Note the State’s onus to satisfy the court under s 7(2).
• Follow the preliminary hearing process: prompt filing and service of documents and readiness to address the preliminary threshold in s 46(1); apply for psychiatrist and psychologist examinations if the court is so inclined (s 46(2)(a)).
• After the preliminary hearing, comply promptly with s 39 disclosure obligations: provide all evidentiary material in the applying agency’s possession that may be relevant, and any prescribed documents (s 39(1)-(3)). Maintain systems to capture new evidentiary material and disclose it "as soon as practicable" (s 39(2)-(3)).

For supporting agencies and the CEO:

• Ensure internal procedures for cooperation and timely disclosure consistent with s 24-25 and s 40: supporting agencies must provide evidentiary material on request to the applying agency (s 40(1)-(2)), and disclosures in good faith attract statutory immunity (s 40(3)).
• Establish processes to identify and transmit relevant medical, psychiatric, prison and other reports to reporters as required under s 76-77. The CEO must give any such material in the CEO’s possession to a reporter (s 76(1)-(2)), may edit to remove identifying or irrelevant material (s 76(3)), and must give the State copies of anything given to a reporter (s 76(4)).
• Maintain policies for approval of electronic monitoring devices in line with the "approved" concept in s 31(1) and ensure device operational data can be certified under the evidentiary scheme in s 81A once the CEO and community corrections officers have signed approved‑form certificates.

For community corrections officers:

• Use statutory powers consistently with the supervision order conditions in s 30 and the electronic monitoring and curfew provisions in s 31-32. Issue written notices where required (e.g. area exclusions under s 31(3)(bb)).
• Follow lawful procedures for installation and retrieval of devices (s 31(3); s 33(1)-(2)) and document directions to offenders to charge devices (s 31(3)(ba)).
• Where there are reasonable grounds to suspect contravention, promptly consider application to a magistrate for a warrant under s 51 and advise the State as soon as practicable (s 51(1)-(2)). Ensure sworn evidence supports the warrant application (s 51(5)).

For offenders and defence practitioners:

• Meet the statutory disclosure obligations for expert evidence material: prepare and lodge expert evidence material at least 28 days before the day fixed for the hearing (s 41(2)), and lodge any subsequent material as soon as practicable (s 41(3)).
• If subject to a supervision order, comply with standard conditions including reporting, notifying change of name, address or employment, remaining in the State unless permitted, and electronic monitoring (s 30(2)(a)-(g)). Understand that contravention is criminalised (s 80) and that interference with devices is a separate serious offence (s 33(3)).
• When seeking amendments to supervision conditions or release, be prepared to meet the court’s requirement under s 29 that the offender show, on the balance of probabilities, they will substantially comply with standard conditions (s 29(1)-(2)). Where applying under s 49(1)(a), give notice to the Attorney General and CEO (s 49(2)).

For reporters and qualified experts:

• Comply with report preparation obligations: qualified experts must examine the subject and prepare independent reports assessing risk and reasons (s 74(1)-(2)); other reporters must address specified questions and provide the basis for their opinions (s 75(1)-(2)). Reports must be provided to the State within seven days of finalisation and the State must forward to the subject within three days (s 78(1)-(2)).
• Where receiving material from the CEO, apply the permitted editing rules (s 76(3)) and note the CEO must give copies to the State (s 76(4)).

For victims and their representatives:

• Prepare written victim submissions where a relevant application is made (s 60(1)). If acting on behalf of a victim, be prepared to show incapacity or other circumstances and seek the court’s permission as needed (s 60(2)).
• Consent to or consider amendment of submissions before they are made available at hearing because the court will make them available only where the victim consents and has had opportunity to amend (s 61). Ensure submissions focus on matters relating to protection of the victim (s 62(3)).

For courts and registrars:

• Ensure the preliminary hearing timetable is fixed promptly and that the State gives notice to the offender within seven days of fixation (s 43).
• Where ordering examinations, ensure compliance with s 46(2)(a)-(b) and that reports conform to s 74-75. Provide detailed reasons with restriction orders (s 28) and apply paramount consideration of community protection in decisionmaking (s 48(2); s 55(3)).
• During contravention proceedings, apply the release test in s 56(3)-(4), exercise power to amend supervision orders where justified under s 50, and manage applications under s 42 dealing with disclosure timing and scope.

Administrative and regulatory compliance:

• Prepare and publish the Board’s operating procedures consistent with membership rules (s 17-22) and the Board’s functions (s 15). The Minister must provide for community member training (s 18(5)-(6)).
• Ensure approved forms and any regulations needed to operationalise device use, forms, and administration are promulgated under s 89-90.

Recordkeeping and timelines:

• Track review deadlines for continuing detention orders: the State must apply for periodic reviews so the first review is as soon as practicable after one year from the first day the offender is in custody by reason of the continuing detention order, and then as soon as practicable after two years from the most recent review (s 64(2)).
• Ensure timelines for appeals are observed; appeals to the Court of Appeal must be commenced within 21 days unless the Court orders otherwise (s 69(2)).

Following these steps will align actors with the Act’s procedural and substantive obligations. Where the Act leaves operational specifics to regulation, agencies should adopt clear administrative instruments (in line with s 90) to manage device procurement, data retention and interagency workflows.