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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dangerous Sexual Offenders Amendment Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 5 replaced 3
5. Application of Bail Act 1982 3
6. Section 8 amended 3
7. Section 21 amended 4
8. Section 22 amended 5
9. Section 23A inserted 5
23A. Psychiatric reports 5
10. Section 23 amended 5
11. Section 24A inserted 6
24A. Orders made during contravention
proceedings 6
12. Section 37 amended 7
13. Sections 40A and 40B inserted 7
40A. Offence of contravening supervision order 7
40B. Procedure on some charges of offences
under s. 40A 8
14. Section 46A inserted 10
46A. Protection from personal liability 10
15. Section 48 inserted 11
48. Transitional provisions (Sch. 1) 11
16. Schedule 1 inserted 11
Schedule 1 -- Transitional provisions
1. Provisions for Dangerous Sexual
Offenders Amendment Act 2011 11
189--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Dangerous Sexual Offenders Amendment Bill 2011
A Bill for
An Act to amend the Dangerous Sexual Offenders Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Dangerous Sexual Offenders Amendment Bill 2011
s. 1
1 1. Short title
2 This is the Dangerous Sexual Offenders Amendment Act 2011.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Dangerous Sexual Offenders Act 2006.
10 4. Section 3 amended
11 (1) In section 3 delete "In this Act," and insert:
12
13 (1) In this Act,
14
15 (2) In section 3 delete the definition of chief executive officer.
16 (3) In section 3 insert in alphabetical order:
17
18 chief executive officer means the chief executive
19 officer of the department of the Public Service
20 principally assisting the Minister to administer the
21 provision in which the term chief executive officer is
22 used;
23 commit a serious sexual offence includes to do an act
24 or make an omission outside this State or outside
25 Australia that, if it were done or made in this State,
26 would constitute a serious sexual offence;
27 community has a meaning affected by subsection (2);
28
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Dangerous Sexual Offenders Amendment Bill 2011
s. 5
1 (4) At the end of section 3 insert:
2
3 (2) A reference in this Act to the community includes any
4 community and is not limited to the community of
5 Western Australia or Australia.
6
7 5. Section 5 replaced
8 Delete section 5 and insert:
9
10 5. Application of Bail Act 1982
11 The Bail Act 1982 does not apply to a person detained
12 under this Act other than a person who --
13 (a) is charged with, and is in custody in relation to,
14 an offence under section 40A; and
15 (b) is not detained under this Act for some other
16 reason.
17
18 6. Section 8 amended
19 After section 8(5) insert:
20
21 (6) At the time of, or after, filing an application under
22 subsection (1), the DPP may file a separate application
23 to the Supreme Court for the issue of a summons or
24 warrant if the offender --
25 (a) is not in custody; or
26 (b) may not be in custody at the time of the
27 preliminary hearing referred to in section 14.
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Dangerous Sexual Offenders Amendment Bill 2011
s. 7
1 (7) If the DPP applies under subsection (6), the Supreme
2 Court may issue, in the form approved under
3 section 46 --
4 (a) a summons requiring the offender to appear
5 before the Supreme Court for the preliminary
6 hearing; or
7 (b) a warrant directed to all members of the police
8 force for the offender to be arrested and
9 brought before the Supreme Court for the
10 preliminary hearing.
11
12 7. Section 21 amended
13 (1) After section 21(1) insert:
14
15 (2A) A person who makes an application under
16 subsection (1) must advise the DPP as soon as
17 practicable that the application has been made.
18
19 (2) In section 21(2) delete "by the chief executive officer --" and
20 insert:
21
22 under section 46 --
23
24 (3) Delete section 21(4) and (5) and insert:
25
26 (4) On an application made under subsection (1), a
27 magistrate must not issue a summons to a person under
28 subsection (2) unless --
29 (a) the magistrate is satisfied, on the balance of
30 probabilities, that exceptional circumstances
31 justify not issuing a warrant for the arrest of the
32 person; or
page 4
Dangerous Sexual Offenders Amendment Bill 2011
s. 8
1 (b) the applicant consents to the issue of a
2 summons to the person.
3 (5) A magistrate cannot issue a warrant under
4 subsection (2) for the arrest of a person unless the
5 application for the warrant is supported by evidence on
6 oath.
7
8 8. Section 22 amended
9 In section 22(1) delete "section 21," and insert:
10
11 section 21 or 24A(5)(d),
12
13 9. Section 23A inserted
14 After section 22 insert:
15
16 23A. Psychiatric reports
17 (1) After an application is made under section 22 in
18 relation to a person, the Supreme Court may order that
19 the person undergo examination by one or more
20 psychiatrists named by the court for the purposes of
21 preparing the report required by section 37.
22 (2) An order made under subsection (1) authorises the
23 named psychiatrist to examine the person and report in
24 accordance with Part 5.
25
26 10. Section 23 amended
27 (1) In section 23 delete "If the court" and insert:
28
29 (1) If the court
page 5
Dangerous Sexual Offenders Amendment Bill 2011
s. 11
1
2 (2) At the end of section 23 insert:
3
4 (2) In deciding whether to make an order under
5 subsection (1)(a) or (b), the paramount consideration is
6 to be the need to ensure adequate protection of the
7 community.
8
9 11. Section 24A inserted
10 At the end of Part 2 Division 4 insert:
11
12 24A. Orders made during contravention proceedings
13 (1) This section applies if a person who is subject to a
14 supervision order is before the Supreme Court and
15 proceedings on an application made under section 22 in
16 respect of the person are pending (the pending
17 proceedings).
18 (2) The court may at any time in the pending
19 proceedings --
20 (a) order the person to be detained in custody; or
21 (b) release the person.
22 (3) The court must not release the person unless --
23 (a) the court is satisfied, on the balance of
24 probabilities, that releasing the person is
25 justified by exceptional circumstances; or
26 (b) the DPP consents to the court releasing the
27 person.
28 (4) In making a decision under subsections (2) and (3), the
29 paramount consideration is to be the need to ensure
30 adequate protection of the community.
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Dangerous Sexual Offenders Amendment Bill 2011
s. 12
1 (5) If the court releases the person --
2 (a) the person remains subject to the supervision
3 order; and
4 (b) the court, before the pending proceedings are
5 determined, may make an interim order
6 amending the supervision order to include any
7 requirements the court considers appropriate to
8 ensure adequate protection of the community;
9 and
10 (c) the court may order the person to reappear
11 before the court at any adjourned hearing of the
12 pending proceedings; and
13 (d) if it is alleged that the person has further
14 breached the supervision order or breached an
15 order made under paragraph (c), the court may
16 issue a warrant to have the person arrested and
17 brought before the court.
18
19 12. Section 37 amended
20 In section 37(1) after "section 14(2)(a)" insert:
21
22 or 23A(1)
23
24 13. Sections 40A and 40B inserted
25 At the beginning of Part 6 insert:
26
27 40A. Offence of contravening supervision order
28 (1) A person subject to a supervision order who, without
29 reasonable excuse, contravenes a requirement of the
30 order commits an offence.
31 Penalty: Imprisonment for 2 years.
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Dangerous Sexual Offenders Amendment Bill 2011
s. 13
1 (2) A police officer who suspects on reasonable grounds
2 that a person has committed an offence under
3 subsection (1) may, without a warrant, arrest the
4 person.
5 (3) A police officer who charges a person with an offence
6 under this section must inform the DPP as soon as
7 practicable.
8 40B. Procedure on some charges of offences under s. 40A
9 (1) Except as provided in this section, the procedure
10 applicable to and in relation to a charge of an offence
11 under section 40A(1) is the procedure applicable to and
12 in relation to a charge of any other simple offence.
13 (2) A prosecution of a charge of an offence under
14 section 40A(1) against a person in relation to certain
15 conduct may be commenced in the Supreme Court only
16 if proceedings have been commenced under Part 2
17 Division 4 in respect of the person in relation to the
18 same conduct and not concluded.
19 (3) Only an authorised officer (as defined in the Criminal
20 Procedure Act 2004 section 80) can commence a
21 prosecution of a charge of an offence under
22 section 40A(1) in the Supreme Court.
23 (4) If proceedings on a charge of an offence under
24 section 40A(1) against a person in relation to certain
25 conduct, and proceedings commenced under Part 2
26 Division 4 in respect of the person in relation to the
27 same conduct, are in progress at the same time --
28 (a) if a court of summary jurisdiction is dealing
29 with the charge, it must, on an application made
30 by a police officer or the DPP, transfer the
31 charge to the Supreme Court; and
32 (b) the DPP must prosecute the charge in the
33 Supreme Court; and
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Dangerous Sexual Offenders Amendment Bill 2011
s. 13
1 (c) a judge of the Supreme Court must deal with
2 the charge summarily under the Criminal
3 Procedure Act 2004 as if it were a prosecution
4 of a simple offence in a court of summary
5 jurisdiction, but --
6 (i) no fees shall be charged by the Supreme
7 Court for or in respect of any act or
8 proceeding that relates to the
9 prosecution; and
10 (ii) the Supreme Court cannot order a party
11 to the prosecution to pay another party's
12 costs of or relating to the prosecution,
13 except under the Criminal Procedure
14 Act 2004 section 166(2);
15 and
16 (d) any findings of fact by the Supreme Court in
17 the proceedings on the charge may be used in
18 the proceedings under Part 2 Division 4; and
19 (e) if the person is convicted of the charge, the
20 sentencing of the person may be adjourned until
21 after the proceedings under Part 2 Division 4
22 are concluded; and
23 (f) if the Supreme Court fines the person for the
24 offence, the court may make an order under the
25 Sentencing Act 1995 section 59 in respect of the
26 fine.
27 (5) A person who is dissatisfied with a decision (as defined
28 in the Criminal Appeals Act 2004 section 6) made by
29 the Supreme Court under subsection (4) in proceedings
30 on a charge of an offence under section 40A(1) may,
31 with the leave of the Court of Appeal, appeal against it.
page 9
Dangerous Sexual Offenders Amendment Bill 2011
s. 14
1 (6) For the purposes of subsection (5), the Criminal
2 Appeals Act 2004 Part 2, with any necessary changes,
3 applies as if --
4 (a) the decision referred to in subsection (5) were a
5 decision of a court of summary jurisdiction; and
6 (b) a reference in that Part to a court of summary
7 jurisdiction were a reference to the Supreme
8 Court; and
9 (c) a reference in that Part to the Supreme Court
10 were a reference to the Court of Appeal.
11 (7) Despite the Criminal Appeals Act 2004 section 13(1),
12 the appeal is to be dealt with by the Court of Appeal.
13
14 14. Section 46A inserted
15 After section 45 insert:
16
17 46A. Protection from personal liability
18 (1) In this section --
19 protected person means --
20 (a) a person employed in the department of the
21 Public Service that principally assists the
22 Minister administering the Prisons Act 1981; or
23 (b) a person appointed under the Director of Public
24 Prosecutions Act 1991 or a person on the staff
25 referred to in section 30 of that Act; or
26 (c) a psychiatrist.
27 (2) In this section, a reference to the doing of anything
28 includes a reference to the omission to do anything.
29 (3) An action in tort does not lie against a protected person
30 for anything done, in good faith, in the performance or
31 purported performance of a function under this Act.
page 10
Dangerous Sexual Offenders Amendment Bill 2011
s. 15
1 (4) The protection given by this section applies even
2 though the thing done as described in subsection (3)
3 may have been capable of being done whether or not
4 this Act had been enacted.
5
6 15. Section 48 inserted
7 After section 47 insert:
8
9 48. Transitional provisions (Sch. 1)
10 Schedule 1 sets out transitional provisions.
11
12 16. Schedule 1 inserted
13 After Part 6 insert:
14
15 Schedule 1 -- Transitional provisions
16 [s. 48]
17 1. Provisions for Dangerous Sexual Offenders Amendment
18 Act 2011
19 (1) In this clause --
20 commencement day means the day on which the Dangerous
21 Sexual Offenders Amendment Act 2011, other than
22 sections 1 and 2, comes into operation.
23 (2) This Act, as amended by the Dangerous Sexual Offenders
24 Amendment Act 2011, applies to applications made under
25 this Act, and not concluded, before commencement day.
26
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