WA

Arson offences are among the most serious criminal offences that Western Australian courts deal with. Criminal damage by fire attracts a maximum penalty of life imprisonment. Arson offences in Western Australia have caused massive financial losses, deaths and the destruction of homes, buildings and historic sites. Arson is a notoriously easy offence to commit and…

The Animal Welfare Act 2002 establishes the responsibilities of persons keeping or working with animals in Western Australia and sets out offences relating to cruelty to animals. The act covers all amphibians, reptiles, birds and mammals other than humans. It does not cover invertebrates or fish. The act gives investigatory powers to the RSPCA and…

In Western Australia, legislative protections against sexual harassment exist both under the Equal Opportunity Act 1984 and under the federal Sex Discrimination Act 1984. If you experience sexual harassment in Western Australia, you can make a complaint either to the Western Australian Equal Opportunity Commission or to the Australian Human Rights Commission. Which body you…

The Children’s Court is Western Australia deals with children between the ages of 10 and 18 who have been charged with criminal offences. It also deals with protection and care applications in respect of children and Restraining Order applications involving children. When a child attends the Children’s Court in relation to a criminal matter, they…

Children between the ages of 10 and 18 who are found guilty of a criminal offence in Western Australia can be sentenced to a period of youth detention. Children charged with offences and refused bail are held in youth detention on remand. Western Australia has only one youth detention centre, Banksia Hill Detention Centre, which…

Murder and manslaughter are among the most serious criminal offences and attract some of the harshest penalties courts can impose. In Western Australia, the Criminal Code Compilation Act governs the crimes of murder and manslaughter and alternative homicide offences. The Act prescribes mandatory minimum sentences that apply to adults and children found guilty of these…

A suspended sentence of imprisonment is a sentence of imprisonment where the offender remains living in the community on the condition that they do not commit a further offence. If the offender breaches the suspended sentence, they are generally ordered to serve the term of imprisonment in prison. Suspended sentences have been abolished in some…

Lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people living in Western Australia are protected from discrimination at the federal level by the Sex Discrimination Act. Many LGBTIQ rights are also protected under Western Australian law after a suite of reforms were passed in 2002. However, LGBTIQ rights activists are calling for WA laws to…

A subpoena is a form of summons issued by the court at the request of a party to legal proceedings requiring a person to produce certain documents and/or give evidence for the purposes of a trial. Subpoenas are generally required to be personally served on the named person either in their personal capacity or on…

The defence of self-defence is well-established in Australia. It is based on the widely accepted rationale that a person shouldn’t be punished for defending themselves against an unjustified attack. When an accused raises the defence of self-defence, this gives rise to a reverse onus, meaning it is then up to the prosecution to prove beyond…

A caveat is a formal notice or warning issued against the title of a property. In Western Australia, caveats are registered at Landgate, which is the titles office responsible for recording all dealings and interests regarding Western Australian land. Caveats cannot be placed on personal property but only on real estate. The purpose of a…

In Western Australia, police can arrest and detain a person in order to keep the peace, prevent a crime or to protect the life and property of the community.  An arrest is the process used to bring a person into police custody and to charge that person with an offence. When police can arrest you…

Serving on a jury is an opportunity for members of the public to learn about the judicial system and to be involved in the administration of justice. Any person who is enrolled to vote in Western Australia is liable to serve as a juror, however some persons can be excused from jury service or are…

Last week the historic Gay Conviction Expungement Bill passed the West Australian parliament. People in Western Australia with historic convictions on their records for having consensual gay sex prior to its decriminalisation in 1990 will be able to have these convictions expunged. Western Australia is the last Australian jurisdiction to pass such legislation, with a…

Cycling rules are different in every state and territory. In Western Australia, cyclists of all ages are permitted to ride on the road or on the footpath, but must obey all road rules. Cycling rules are contained in the Road Traffic Code 2000 and in the Road Traffic Act 1974.  The most important road rules as they…

The number of people charged with making threats to kill and threats to cause injury has almost tripled in Australia in the past decade. Arguments get out of hand and one or both parties makes a threat as to the life or safety of the other person. A threat to kill can be made in…