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Discussion Paper - Law Reform Commission of Western Australia

Discussion Paper - Law Reform Commission of Western Australia

Discussion Paper - Law Reform Commission of Western

Community Protection(Offender Reporting)Act 2004DISCUSSION PAPERProject No 101February 2011Law ReformCommission ofWestern Australia

  • Page 2 and 3: The Law Reform Commission of Wester
  • Page 4 and 5: Chapter Five:Chapter Six:The Impact
  • Page 6 and 7: AcknowledgementsAuthor:Victoria Wil
  • Page 8 and 9: Key observations about childsex off
  • Page 10 and 11: For juvenile offenders, a reporting
  • Page 12 and 13: GlossaryABSAdult child sex offender
  • Page 14 and 15: ContentsTerms of Reference 3Terms o
  • Page 16 and 17: Scope of the ReferenceThe Commissio
  • Page 18 and 19: offenders who have failed to comply
  • Page 20 and 21: MethodologyIn preparing this Discus
  • Page 22 and 23: 10 Law Reform Commission of Western
  • Page 24 and 25: ContentsIntroduction 13Introduction
  • Page 26 and 27: TerminologySex Offender Registratio
  • Page 28 and 29: examination of Hansard shows that n
  • Page 30 and 31: These observations are consistent w
  • Page 32 and 33: sexual assaults). 34 According to t
  • Page 34 and 35: a new sexual offence. 53 Similar re
  • Page 36 and 37: sexual offending behaviours. 75 It
  • Page 38 and 39: Act the best interests of the indiv
  • Page 40 and 41: offenders. From the Commission’s
  • Page 42 and 43: any sentence imposed for the origin
  • Page 44 and 45: 32 Law Reform Commission of Western
  • Page 46 and 47: ContentsIntroduction 35Introduction
  • Page 48 and 49: Reportable offendersWhether a parti
  • Page 50 and 51: Schedule 2 - Class 2 offencesEnactm
  • Page 52 and 53:

    Retrospective RegistrationThe CPOR

  • Page 54 and 55:

    Solicitor’s Office and, of these,

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    Inclusion on the register for lifeT

  • Page 58 and 59:

    The details that must be reported i

  • Page 60 and 61:

    category jumps by two (eg, from low

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    (eg, offenders sentenced in the Mag

  • Page 64 and 65:

    Corrective Services staff in Broome

  • Page 66 and 67:

    who are convicted for breaching spe

  • Page 68 and 69:

    sexual activity’. During parliame

  • Page 70 and 71:

    of closing the court in some instan

  • Page 72 and 73:

    ContentsIntroduction 59Introduction

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    Sex offender registration schemesin

  • Page 76 and 77:

    the effects of registration and not

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    following the rape and murder of a

  • Page 80 and 81:

    In July 2000, the abduction and mur

  • Page 82 and 83:

    if it is satisfied that the person

  • Page 84 and 85:

    Sex offender registration in Austra

  • Page 86 and 87:

    upon the justice process (both in t

  • Page 88 and 89:

    to feel compelled to order more fre

  • Page 90 and 91:

    ContentsIntroduction 77Introduction

  • Page 92 and 93:

    Overview of child sexual offences i

  • Page 94 and 95:

    should be created to provide for a

  • Page 96 and 97:

    still usually at school and they ar

  • Page 98 and 99:

    Case example 3The offender, who was

  • Page 100 and 101:

    appeared to be willing to engage in

  • Page 102 and 103:

    oys and girls. 5 An examination of

  • Page 104 and 105:

    Further, she stated that it ‘is d

  • Page 106 and 107:

    In 2002 the South African Law Commi

  • Page 108 and 109:

    for punishment and deterrence; and

  • Page 110 and 111:

    interviewed by police in relation t

  • Page 112 and 113:

    ContentsIntroduction 99Introduction

  • Page 114 and 115:

    Special provisions for juvenileoffe

  • Page 116 and 117:

    The characteristics of juvenilerepo

  • Page 118 and 119:

    a sentence. Of these 54 cases, five

  • Page 120 and 121:

    Case example 11The offender, who wa

  • Page 122 and 123:

    Case example 15The offender was 21

  • Page 124 and 125:

    The impact of sex offenderregistrat

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    A media release issued when the CPO

  • Page 128 and 129:

    justice officer as part of a commun

  • Page 130 and 131:

    Another option put forward is that

  • Page 132 and 133:

    disability. Furthermore, in the Com

  • Page 134 and 135:

    A discretionary approachThe precedi

  • Page 136 and 137:

    offences could be reduced for juven

  • Page 138 and 139:

    The role of the courtsThe national

  • Page 140 and 141:

    limited discretion for specified ju

  • Page 142 and 143:

    on Law and Justice supported this r

  • Page 144 and 145:

    e resources implications for other

  • Page 146 and 147:

    Question DProvision of information

  • Page 148 and 149:

    the time of sentencing, the Commiss

  • Page 150 and 151:

    Question EAlternative approach for

  • Page 152 and 153:

    ContentsIntroduction 139Introductio

  • Page 154 and 155:

    Exceptional circumstancesBroadly sp

  • Page 156 and 157:

    Case example 22The offender pleaded

  • Page 158 and 159:

    4-10 years. It has been suggested t

  • Page 160 and 161:

    A regional police officer advised t

  • Page 162 and 163:

    since commented that he suffered fr

  • Page 164 and 165:

    Because of the concerns expressed a

  • Page 166 and 167:

    The impact of sex offenderregistrat

  • Page 168 and 169:

    However, even more critically, Abor

  • Page 170 and 171:

    Dealing with exceptionalcircumstanc

  • Page 172 and 173:

    Right of reviewAnother option, whic

  • Page 174 and 175:

    (b) Where the relevant Class 1 or C

  • Page 176 and 177:

    2.3.4.5.6.That an existing adult re

  • Page 178 and 179:

    ContentsAppendix A: List of proposa

  • Page 180 and 181:

    PROPOSAL 3 [page 118]Review of repo

  • Page 182 and 183:

    PROPOSAL 9 [page 133]Provision of i

  • Page 184 and 185:

    PROPOSAL 13 [page 155]Reporting on

  • Page 186 and 187:

    PROPOSAL 16 [page 162]Calculation o

  • Page 188 and 189:

    176 Law Reform Commission of Wester

  • Page 190 and 191:

    Justice Peter Blaxell, Supreme Cour

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