Serial Family Violence Offender Declarations (WA)
During 2024, the WA government made sweeping changes to the state’s family violence laws. These changes included stricter bail conditions for repeat serious family violence offenders, and the introduction of serial family violence offender declarations. This page outlines when a serial family violence offender declaration may be made, and the consequences of a declaration.
Legislation
The laws surrounding serial family violence offender declarations are set out in the Sentencing Act 1995.
When can a declaration be made?
When a court is sentencing a person for offences, it can also make other orders where it is appropriate to do so.
A court that convicts a person of a category B family violence offence, may declare the person to be a serial family violence offender if certain conditions are met.
The court may make this declaration on its own initiative or on an application by the prosecution.
Category B offences
Category B family violence offences include many common family violence offences such as criminal damage, stalking and distributing an intimate image without consent.
You can find a full list of category B offences in section 4 of the Sentencing Act 1995.
When may a person be declared a serial family violence offender?
A court may declare a person to be a serial family violence offender if:
- they have been convicted of at least two prescribed offences which may only be tried on indictment, before the current conviction. And at least two of those prescribed offences were committed on different days
- they have been convicted of at least three prescribed defences, before the current conviction, with at least three of those offences having been committed on different days.
A court may make a declaration regardless of whether:
- the victim of each offence is the same or different
- the offences are the same or different
- some of the offences occurred outside of WA
- some of the convictions were made by courts outside of WA.
When may a person not be declared a serial family violence offender?
If the offences were committed across a period of more than 10 years, a declaration generally may not be made. However, if the court is satisfied that exceptional circumstances exist and it is appropriate to make a declaration on the basis of offences that occurred across a period of longer than 10 years.
A declaration may not be made in relation to offences committed when the person was under 18.
How courts decide whether to make a declaration
A court will decide whether to make a serial family violence offender declaration based on the factors listed in section 124E(4) of the Sentencing Act 1995. These are:
- the level of risk that the person will commit another family violence offence
- the person’s criminal history
- the nature of the offences.
A court may order that a person be assessed by an approved expert before deciding whether to make a declaration. The approved expert may take into account any report or information they have obtained, and may prepare the report with or without the cooperation of the person.
Duration of a declaration
When a person is declared to be a serial family violence offender, the declaration remains in effect indefinitely. After 10 years have passed, the person may apply to have the declaration cancelled.
Consequences of a declaration
When a serial family violence offender declaration is made, there are a number of consequences.
If the person is released on parole, the Prisoners Review Board must consider imposing an electronic monitoring requirement when it is deciding whether or not to grant parole, and the conditions to impose.
If they are charged with another family violence offence in the future, they will only be granted bail if there are exceptional circumstances that mean they should not be kept in custody.
A person who is the subject of a serial family violence offender declaration will also be disqualified from holding or obtaining a firearm or explosives license, permit or approval.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.