Sch 2Serious offences

Schedule 2 — Serious offences [s. 4] [Heading amended: No. 6 of 2014 s. 11(1).] A serious offence is an offence under any of these provisions of *The Criminal Code* — (a) Chapter XXVIII — Homicide: Suicide: Concealment of birth (b) Chapter XXIX — Offences endangering life or health (c) Chapter XXX — Assaults (d) Chapter XXXI — Sexual offences (e) Chapter XXXIII — Offences against liberty (f) Chapter XXXIIIA — Threats (g) Chapter XXXIIIB — Stalking (h) Chapter XXXVIII — Robbery: Extortion by threats (i) Section 187 — Facilitating sexual offences against children outside Western Australia, or an offence under — (j) section 60 of the *Censorship Act 1996* 4; or (k) section 61(1), (1A) or (2a) of the *Restraining Orders Act 1997*. [Schedule 2 amended: No. 4 of 2004 s. 5(2); No. 41 of 2006 s. 69; No. 6 of 2014 s. 11(2); No. 13 of 2020 s. 20.] Schedule 3 — Reports and re‑socialisation programmes for certain prisoners [s. 12A and 13] Division 1 — Current sentence types | **Item No.** | **Description of prisoner** | **First report due** | **Subsequent reports due** | | 1. | A person serving a sentence of life imprisonment for an offence other than murder | 7 years after the day on which the term began or is taken to have begun | Every 3 years after that | | 2. | A person serving a sentence of life imprisonment for murder where a minimum period has been set under the *Sentencing Act 1995* section 90(1)(a) | At the end of the minimum period | Every 3 years after that | | 3. | A person serving a sentence of indefinite imprisonment | One year after the day on which the sentence began | Every 3 years after that | | 4. | A Governor’s pleasure detainee subject to a sentence of detention imposed under *The Criminal Code* section 279(5)(b) | One year after the day on which the detention began | Every year after that | [Division 1 inserted: No. 45 of 2016 s. 15.] Division 2 — Former sentence types | **Item No.** | **Description of prisoner** | **First report due** | **Subsequent reports due** | | 5. | A person serving a sentence of strict security life imprisonment commuted from a sentence of death under *The Criminal Code* section 679 (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 26) | 20 years after the sentence was commuted | Every 3 years after that | | 6. | A person serving a sentence of life imprisonment commuted from a sentence of death under *The Criminal Code* section 679 (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 26) | 10 years after the sentence was commuted | Every 3 years after that | | 7. | A person serving a sentence of strict security life imprisonment for wilful murder under *The Criminal Code* section 282(a)(i) (repealed by the *Criminal Law Amendment (Homicide) Act 2008* section 10) in respect of which no minimum term was set | 20 years after the term began | Every 3 years after that | | 8. | A person serving a sentence of life imprisonment for wilful murder under *The Criminal Code* section 282(a)(ii) (repealed by the *Criminal Law Amendment (Homicide) Act 2008* section 10) in respect of which no minimum term was set | 12 years after the day on which the term began or is taken to have begun | Every 3 years after that | | 9. | A person serving a sentence of life imprisonment for murder under *The Criminal Code* section 282(b) (repealed by the *Criminal Law Amendment (Homicide) Act 2008* section 10) in respect of which no minimum term was set | 7 years after the day on which the term began or is taken to have begun | Every 3 years after that | | 10. | A person serving a sentence of strict security life imprisonment where a minimum period has been set under —<br>(a) the *Sentencing Act 1995* section 91(1) (as it was immediately before the commencement of the *Criminal Law Amendment (Homicide) Act 2008* section 19); or | At the end of the minimum period | Every 3 years after that | | | (b) the *Offenders Community Corrections Act 1963* 3 section 40D (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 77) | | | | 11. | A person serving a sentence of life imprisonment for murder or wilful murder where a minimum period has been set under — | At the end of the minimum period | Every 3 years after that | | | (a) the *Sentencing Act 1995* section 90(1) or (2) (as it was immediately before the commencement of the *Criminal Law Amendment (Homicide) Act 2008* section 19); or | | | | | (b) the *Offenders Community Corrections Act 1963* 3 section 40D (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 77) | | | | 12. | A person serving a sentence of life imprisonment for an offence other than murder imposed before the commencement of the *Acts Amendment (Imprisonment and Parole) Act 1987* section 6 | 5 years after the day on which the term began or is taken to have begun | Every 3 years after that | | 13. | A person serving a sentence of life imprisonment for an offence other than murder imposed on or after the commencement of the *Acts Amendment (Imprisonment and Parole) Act 1987* section 6 | 7 years after the day on which the term began or is taken to have begun | Every 3 years after that | | 14. | A person subject to a direction or sentence under *The Criminal Code* section 661 or 662 (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 26) | For section 661 — 2 years after the day on which the detention began<br>For section 662 — one year after the day on which the detention began | Every year after that | | 15. | A person in, or regarded as being in, strict or safe custody by virtue of an order under *The Criminal Code* section 282 (repealed by the *Criminal Law Amendment (Homicide) Act 2008* section 10) | One year after the day on which the detention began | Every year after that | [Division 2 inserted: No. 45 of 2016 s. 15.] [Schedule 4 deleted: No. 29 of 2020 s. 116.] ![dline]() Notes This is a compilation of the *Sentence Administration Act 2003* and includes amendments made by other written laws 1M, 5. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | | --- | --- | --- | --- | --- | | *Sentence Administration Act 2003* | 49 of 2003 | 9 Jul 2003 | s. 1 and 2: 9 Jul 2003; Act other than s. 1 and 2: 31 Aug 2003 (see s. 2 and *Gazette* 29 Aug 2003 p. 3833) | | | *Criminal Code Amendment Act 2004* s. 5 | 4 of 2004 | 23 Apr 2004 | 21 May 2004 (see s. 2) | | | *Sentencing Legislation Amendment Act 2004* Pt. 2 Div. 2 | 27 of 2004 | 14 Oct 2004 | 31 May 2006 (see s. 2 and *Gazette* 30 May 2006 p. 1965) | | | *Workers’ Compensation Reform Act 2004* s. 174 | 42 of 2004 | 9 Nov 2004 | 4 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7131) | | | *Parole and Sentencing Legislation Amendment Act 2006* Pt. 2 6 | 41 of 2006 | 22 Sep 2006 | 28 Jan 2007 (see s. 2 and *Gazette* 29 Dec 2006 p. 5867) | | | *Prisons and Sentencing Legislation Amendment Act 2006* Pt. 3 | 65 of 2006 | 8 Dec 2006 | 4 Apr 2007 (see s. 2 and *Gazette* 3 Apr 2007 p. 1491) | | | *Financial Legislation Amendment and Repeal Act 2006* s. 6 and Sch. 1 cl. 155 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | | **Reprint 1: The *Sentence Administration Act 2003* as at 20 Jul 2007** (includes amendments listed above) | | | | | | *Fines Legislation Amendment Act 2008* Pt. 4 | 3 of 2008 | 12 Mar 2008 | 28 Mar 2008 (see s. 2(c) and *Gazette* 27 Mar 2008 p. 899) | | | *Criminal Law Amendment (Homicide) Act 2008* s. 39 | 29 of 2008 | 27 Jun 2008 | 1 Aug 2008 (see s. 2(d) and *Gazette* 22 Jul 2008 p. 3353) | | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | | **Reprint 2: The *Sentence Administration Act 2003* as at 1 Apr 2011** (includes amendments listed above) | | | | | | *Sentencing Legislation Amendment Act 2014* Pt. 3 | 6 of 2014 | 22 Apr 2014 | | 23 Apr 2014 (see s. 2(b)) | | *Dangerous Sexual Offenders Legislation Amendment Act 2016* Pt. 6 | 17 of 2016 | 11 Jul 2016 | | 10 Sep 2016 (see s. 2(b) and *Gazette* 9 Sep 2016 p. 3871) | | *Restraining Orders and Related Legislation Amendment (Family Violence) Act 2016* Pt. 3 Div. 7 | 49 of 2016 | 29 Nov 2016 | | 1 Jul 2017 (see s. 2(b) and *Gazette* 7 Feb 2017 p. 1157) | | *Sentencing Legislation Amendment Act 2016* Pt. 2 Div. 1 and Pt. 3 Div. 2 | 45 of 2016 | 7 Dec 2016 | | Pt. 2 Div. 1: 8 Dec 2016 (see s. 2(b)); Pt. 3 Div. 2: 1 Jul 2017 (see s. 2(c) and *Gazette* 7 Feb 2017 p. 1159) | | *Sentence Administration Amendment Act 2018* | 2 of 2018 | 23 Mar 2018 | | s. 1 and 2: 23 Mar 2018 (see s. 2(a)); Act other than s. 1 and 2: 13 Apr 2018 (see s. 2(b) and *Gazette* 10 Apr 2018 p. 1283) | | **Reprint 3: The *Sentence Administration Act 2003* as at 1 Jun 2018** (includes amendments listed above) | | | | | | *Sentence Administration Amendment (Multiple Murderers) Act 2018* | 42 of 2018 | 12 Dec 2018 | | s. 1 and 2: 12 Dec 2018 (see s. 2(a)); Act other than s. 1 and 2: 13 Dec 2018 (see s. 2(b)) | | *Family Violence Legislation Reform (COVID-19 Response) Act 2020* Pt. 3 | 13 of 2020 | 6 Apr 2020 | | 7 Apr 2020 (see s. 2(b)) | | *Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020* Pt. 3 Div. 7 | 25 of 2020 | 19 Jun 2020 | | 29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a)) | | *High Risk Serious Offenders Act 2020* Pt. 9 Div. 4 | 29 of 2020 | 9 Jul 2020 | | 26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) | | *Family Violence Legislation Reform Act 2020* Pt. 4 (other than s. 37) | 30 of 2020 | 9 Jul 2020 | | 1 Jan 2021 (see s. 2(1)(c) and SL 2020/125 cl. 2(c)(ii)) | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* s. 61 | 34 of 2020 | 11 Sep 2020 | | 12 Sep 2020 (see s. 2(b)) | | *Sentencing Legislation Amendment (Persons Linked to Terrorism) Act 2022* Pt. 2 | 14 of 2022 | 18 May 2022 | | 11 Nov 2022 (see s. 2(b) and SL 2022/182 cl. 2) | | *Criminal Law (Mental Impairment) Act 2023* Pt. 15 Div. 27 | 10 of 2023 | 13 Apr 2023 | | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) | | *Workers Compensation and Injury Management Act 2023* s. 709 | 21 of 2023 | 24 Oct 2023 | | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) | | *Sentence Administration Amendment (Monitoring Equipment) Act 2024* | 6 of 2024 | 26 Mar 2024 | | s. 1 and 2: 26 Mar 2024 (see s. 2(a)); Act other than s. 1 and 2: 27 Mar 2024 (see s. 2(b)) | | *Family Violence Legislation Reform Act 2024* Pt. 8 (other than s. 57(1) and (2)) | 28 of 2024 | 17 Sep 2024 | | 18 Dec 2024 (see s. 2(d) and SL 2024/249 cl. 2(d)) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | *Family Violence Legislation Reform Act 2020* s. 37 7 | 30 of 2020 | 9 Jul 2020 | To be proclaimed (see s. 2(1)(c)) | | *Family Violence Legislation Reform Act 2024* s. 57(1) and (2) | 28 of 2024 | 17 Sep 2024 | To be proclaimed (see s. 2(d)) | Other notes 1M Under the *Cross-border Justice Act 2008* section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the *Cross‑border Justice Regulations 2009* Part 3 Division 20 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term. 1 The *Sentencing Legislation Amendment and Repeal Act 2003* Pt. 2 Div. 4 commenced 31 Aug 2003 (see *Gazette* 29 Aug 2003 p. 3833).