Community Protection Offender Registry (WA)

In Western Australia, persons who are found guilty of certain child sex offences or violent offences involving children are placed on a Community Protection Offender Registry, which is governed by the Community Protection (Offender Reporting) Act 2004. This page outlines who is placed on the registry, what is requires of them, and the purpose of the registry.

Who is placed on the register?

A person is a reportable offender if they have been sentenced for a reportable offence. There are three classes of reportable offences.

Class 1

Class 1 reportable offences are the murder of a child and sexual intercourse with a child.

Class 2

Class 2 offences include manslaughter of a child, offences involving indecent acts or child abuse material, child kidnapping, child exploitation and child prostitution.

Class 3

Class 3 offences are offences that are not Class 1 or Class 2 offences.

Deciding whether to make order

When a court sentences a person for a Class 1 or Class 2 offence, they are automatically placed on the Community Protection Offender Register.  When a court sentences a person for a Class 3 offence, it may order that the person be placed on the Registry if it is satisfied that the person poses a danger to the lives or sexual safety of one or come persons, or persons generally.

A court decides whether to make an order taking into account all the evidence that is before the court, any pre-sentence report, victim impact statement, mediation report and any other matter.

Period of time on the register

The length of time a person remains on the Register depends on the offence and their criminal history. For a single Class 1 offence, a person will be on the Registry for 15 years. For a Class 1 offence, followed by a Class 2 offence, the person will be on the Registry for life.

A person will be placed on the Register the day they are sentenced. If they sentenced to imprisonment, they will be placed on the Register the date they are released from prison.  

What details go onto the Register

The Register will contain the person’s name, address, date of birth; the details of the offenders for which they were placed on the Register; the date of sentencing for reportable offences; the details of any Protection Order or Supervision Order made under the High Risk Serious Offenders Act 2020; the date they were released from custody for reportable offences; and the details of any reporting conditions.

When a person first reports, they must provide details of any passport they hold, the contact details, the details of any internet service provider they use, usernames, codes and passwords they use online; their employment details, the details of any children in their household; their affiliations with any clubs or organisations that involve children; the details of any vehicle they drive; any tattoos or distinguishing marks and the details of any travel outside of the state.

A reportable offender must update any change to these details within seven days. If there is a change to living with or having unsupervised contact with a child, this information must be updated within 24 hours.

A reportable offender must also advise if they will be away from their home for a period of more than seven days or if they plan to travel interstate or overseas.

Non-compliance

If a reportable offender does not adhere to their reporting requirements without a reasonable excuse, they are guilty of an offence. The maximum penalty for this offence is five years imprisonment. If the offence is dealt with by a magistrate, the maximum penalty is two years imprisonment or a fine or $12,000.

Confidentiality

The public does not have access to the information on the Community Protection Register.

The information recorded on the Register is confidential and must not be disclosed except in the course of a person’s duty, where it is permitted under legislation, to apply for or to vary or revoke a Protection Order, or with permission of police or the person the information relates to.

However, if a reportable offender fails to comply with their reporting requirement and their whereabouts are unknown, the police may publish their personal information including a photo.

Community Protection WA also provides information about the most dangerous sex offenders in the state. It contains information about offenders who are missing and offenders who live in particular suburbs. There is also a disclosure scheme where a parent can apply for information about a person who has regular contact with their child.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.