Discussion Paper - Law Reform Commission of Western Australia

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32 Law Reform Commission of Western Australia – Community Protection (Offender Reporting) Act 2004: Discussion Paper
Chapter TwoThe Operation of theCommunity Protection(Offender Reporting) Act33
Page 1 and 2: Community Protection(Offender Repor
Page 3 and 4: ContentsForewordAcknowledgementsExe
Page 5 and 6: ForewordThe Commission received thi
Page 7 and 8: Executive summaryBa c k g r o u n d
Page 9 and 10: • In order to maximise community
Page 11 and 12: the Commission highlights that sex
Page 13 and 14: Introduction1
Page 15 and 16: Terms of ReferenceIn April 2009 the
Page 17 and 18: forms of community notification. 6
Page 19 and 20: is not aware when (or if) these pro
Page 21 and 22: eportable offenders and again refer
Page 23 and 24: Chapter OneThe Commission’sApproa
Page 25 and 26: IntroductionThe Commission acknowle
Page 27 and 28: in the future; however, as discusse
Page 29 and 30: Characteristics of child sexoffende
Page 31 and 32: Australian Crime Commission observe
Page 33 and 34: eporting of child sex offences’.
Page 35 and 36: sexual experimentation by very youn
Page 37 and 38: Key issues impacting on reformAs no
Page 39 and 40: activities with a child may have a
Page 41 and 42: or persons in general. 31 This view
Page 43: A study conducted with eight regist
Page 47 and 48: IntroductionThe Community Protectio
Page 49 and 50: Schedule 1 - Class 1 offencesEnactm
Page 51 and 52: Exception to mandatoryregistrationA
Page 53 and 54: eporting orders made under s 13 of
Page 55 and 56: ReportingIn Chapter One of this Pap
Page 57 and 58: (b)(c)(d)in respect of each name ot
Page 59 and 60: of the itinerary has been provided.
Page 61 and 62: schooling, other violent offences a
Page 63 and 64: Re p o r t i n g b y Re m o t eOffe
Page 65 and 66: $12 000 and two years’ imprisonme
Page 67 and 68: Su s p e n s i o n o f Re p o r t i
Page 69 and 70: Access to register andconfidentiali
Page 71 and 72: Chapter ThreeSex Offender Registrat
Page 73 and 74: IntroductionSex offender registrati
Page 75 and 76: • Deterrence of future sex offenc
Page 77 and 78: is ‘leaked to the public’. 28 I
Page 79 and 80: life for a Tier III offender (exclu
Page 81 and 82: In 2008 a pilot public disclosure p
Page 83 and 84: The court shall make a termination
Page 85 and 86: Th e APMC Na t i o n a l Mo d e lIn
Page 87 and 88: number of registered offenders cont
Page 89 and 90: Chapter FourThe Impact of theGenera
Page 91 and 92: IntroductionAs discussed in Chapter
Page 93 and 94: is a maximum of 14 years’ impriso
Page 95 and 96:
Underage consensual sexual activity
Page 97 and 98:
The provision for a ‘similarity o
Page 99 and 100:
grooming was being undertaken’. 3
Page 101 and 102:
Mistaken belief about ageThe Commis
Page 103 and 104:
was 17 years or older. 17 The posit
Page 105 and 106:
Case example 8A 19-year-old male wa
Page 107 and 108:
Prosecutorial policyThe earlier sec
Page 109 and 110:
• whether the offending to any ex
Page 111 and 112:
Chapter FiveThe Impact of SexOffend
Page 113 and 114:
IntroductionThe Commission’s term
Page 115 and 116:
juvenile sex offenders are generall
Page 117 and 118:
Offence 2009-10Child pornography 14
Page 119 and 120:
The Children’s Court deals with y
Page 121 and 122:
egistration. Nevertheless, the Comm
Page 123 and 124:
Case example 17A 13-year-old boy ha
Page 125 and 126:
A clinical psychologist with experi
Page 127 and 128:
The Commission believes that when a
Page 129 and 130:
Proposal 2Reporting on behalf of a
Page 131 and 132:
Community reintegrationAs outlined
Page 133 and 134:
offender registration. The victim o
Page 135 and 136:
In addition, other specified offenc
Page 137 and 138:
issues may not be linked to the sex
Page 139 and 140:
The Commission acknowledges that a
Page 141 and 142:
continue to register if they leave
Page 143 and 144:
that this is the appropriate test f
Page 145 and 146:
should be prepared for the court to
Page 147 and 148:
In Canada, registered offenders can
Page 149 and 150:
of a sexual offence’. 94 This pro
Page 151 and 152:
Chapter SixThe Impact of SexOffende
Page 153 and 154:
IntroductionIn this chapter the Com
Page 155 and 156:
that the complainant was aged 16. T
Page 157 and 158:
Case Example 24The offender pleaded
Page 159 and 160:
subject to a custody order under Pa
Page 161 and 162:
scheme; however, intellectual disab
Page 163 and 164:
failing to comply. 53 There is no r
Page 165 and 166:
In Queensland, an adult offender pl
Page 167 and 168:
In order to lessen the frequency in
Page 169 and 170:
offender’s personal details. 21 F
Page 171 and 172:
in New South Wales; however, in 200
Page 173 and 174:
the New South Wales Ombudsman in 20
Page 175 and 176:
Right of reviewOn the basis of the
Page 177 and 178:
Appendices165
Page 179 and 180:
Appendix A:List of proposals and qu
Page 181 and 182:
PROPOSAL 6 [page 130]Sex offender r
Page 183 and 184:
PROPOSAL 11 [page 136]Retrospective
Page 185 and 186:
PROPOSAL 15 [pages 161-2]Limited ex
Page 187 and 188:
PROPOSAL 18 [page 163]Right of revi
Page 189 and 190:
Appendix B:List of people consulted
Page 191:
Steve Begg, Aboriginal Legal Servic
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Discussion Paper - Law Reform Commission of Western Australia

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