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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dangerous Sexual Offenders Legislation
Amendment Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Bail Act 1982 amended
3. Act amended 3
4. Section 6 amended 3
5. Section 7 amended 3
6. Section 26 amended 3
7. Schedule 1 Part C clause 1 amended 4
8. Schedule 1 Part C clause 2 amended 4
9. Schedule 1 Part C clause 3D inserted 4
3D. Bail in cases of offence under Dangerous
Sexual Offenders Act 2006 section 40A 4
10. Schedule 1 Part C clause 4 amended 6
Part 3 -- Dangerous Sexual Offenders
Act 2006 amended
11. Act amended 7
12. Section 3 amended 7
13. Section 4A replaced 7
4A. References to commission of a serious
sexual offence 7
14. Section 8 amended 8
15. Section 17A amended 9
16. Section 17 amended 9
17. Section 20 amended 9
18. Section 21 amended 10
22--1 page i
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Contents
19. Section 22 replaced 11
22. DPP may seek orders 11
20. Section 23 amended 11
21. Section 24A amended 13
22. Section 27A inserted 14
27A. Interim supervision orders 14
23. Section 33 amended 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Dangerous Sexual Offenders Legislation
Amendment Bill 2017
A Bill for
An Act to amend the Bail Act 1982 and the Dangerous Sexual
Offenders Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Dangerous Sexual Offenders Legislation Amendment
4 Act 2017.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Bail Act 1982 amended Part 2
s. 3
1 Part 2 -- Bail Act 1982 amended
2 3. Act amended
3 This Part amends the Bail Act 1982.
4 4. Section 6 amended
5 In section 6(2)(b) delete "clause 3A of Part C of Schedule 1."
6 and insert:
7
8 Schedule 1 Part C clauses 3A and 3D.
9
10 5. Section 7 amended
11 In section 7(5) delete "clause 3A of Part C of Schedule 1." and
12 insert:
13
14 Schedule 1 Part C clauses 3A and 3D.
15
16 6. Section 26 amended
17 (1) In section 26(1)(ba) delete "a serious offence to which
18 Schedule 1 Part C clause 3A" and insert:
19
20 an offence to which Schedule 1 Part C clause 3A or 3D
21
22 (2) In section 26(2)(aa) delete "a serious offence to which
23 Schedule 1 Part C clause 3A" and insert:
24
25 an offence to which Schedule 1 Part C clause 3A or 3D
26
page 3
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 2 Bail Act 1982 amended
s. 7
1 7. Schedule 1 Part C clause 1 amended
2 In Schedule 1 Part C clause 1 delete "clauses 3A and 3C," and
3 insert:
4
5 clauses 3A, 3C and 3D,
6
7 8. Schedule 1 Part C clause 2 amended
8 In Schedule 1 Part C clause 2(3) delete paragraph (a) and insert:
9
10 (a) clauses 3A, 3C and 3D; and
11
12 9. Schedule 1 Part C clause 3D inserted
13 After Schedule 1 Part C clause 3C insert:
14
15 3D. Bail in cases of offence under Dangerous Sexual
16 Offenders Act 2006 section 40A
17 (1) In this clause --
18 section 40A offence means the offence under the Dangerous
19 Sexual Offenders Act 2006 section 40A of contravening a
20 requirement of a supervision order;
21 victim has the meaning given in the Dangerous Sexual
22 Offenders Act 2006 section 3(1).
23 (2) This clause applies where an accused is in custody --
24 (a) awaiting an appearance in court before conviction
25 for a section 40A offence; or
26 (b) waiting to be sentenced or otherwise dealt with for a
27 section 40A offence of which the accused has been
28 convicted.
page 4
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Bail Act 1982 amended Part 2
s. 9
1 (3) Despite clause 1, 2 or 4 or any other provision of this Act,
2 where this clause applies the judicial officer or (if
3 section 16A does not apply) the authorised officer in whom
4 jurisdiction is vested must refuse to grant bail for the
5 section 40A offence unless the judicial officer or authorised
6 officer --
7 (a) is satisfied that there are exceptional reasons why
8 the accused should not be kept in custody; and
9 (b) is satisfied that bail may properly be granted having
10 regard to the provisions of clauses 1 and 3 or, in the
11 case of a child, clauses 2 and 3.
12 (4) The judicial officer or authorised officer must in making any
13 decision for the purposes of subclause (3) --
14 (a) have regard to --
15 (i) any history of proven or alleged
16 contraventions of supervision orders by the
17 accused; and
18 (ii) any adverse effect that a grant of bail to the
19 accused would have on a victim of the
20 accused;
21 and
22 (b) consider whether it would be appropriate to refuse
23 bail and make a hospital order under the Criminal
24 Law (Mentally Impaired Accused) Act 1996
25 section 5; and
26 (c) consider whether the conduct alleged to amount to
27 the contravention in itself appears to be minor or
28 trivial.
29 (5) Subclause (4) does not limit the matters that the judicial
30 officer or authorised officer may take into account for the
31 purposes of subclause (3).
32 (6) Despite section 7(1), where an accused is refused bail under
33 subclause (3) for an appearance for a section 40A offence
34 the accused's case for bail need not be considered again
35 under that subsection for an appearance for that offence
page 5
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 2 Bail Act 1982 amended
s. 10
1 unless the accused satisfies the judicial officer who may
2 order detention that --
3 (a) new facts have been discovered, new circumstances
4 have arisen or the circumstances have changed
5 since bail was refused; or
6 (b) the accused failed adequately to present the case for
7 bail on the occasion of that refusal.
8 (7) A child accused who is refused bail under subclause (3)
9 must be dealt with in accordance with the Young Offenders
10 Act 1994 section 19(2).
11 10. Schedule 1 Part C clause 4 amended
12 In Schedule 1 Part C clause 4(1) delete "clauses 3A and 3C," and
13 insert:
14
15 clauses 3A, 3C and 3D,
16
page 6
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Dangerous Sexual Offenders Act 2006 amended Part 3
s. 11
1 Part 3 -- Dangerous Sexual Offenders
2 Act 2006 amended
3 11. Act amended
4 This Part amends the Dangerous Sexual Offenders Act 2006.
5 12. Section 3 amended
6 (1) In section 3(1) insert in alphabetical order:
7
8 standard condition, in relation to a supervision order,
9 means a condition which under section 18(1) must be
10 included in the order;
11
12 (2) In section 3(1) in the definition of supervision order delete
13 "section 17(1)(b)" and insert:
14
15 section 17(1)(b), 27A(5)
16
17 13. Section 4A replaced
18 Delete section 4A and insert:
19
20 4A. References to commission of a serious sexual offence
21 (1) For the purposes of this Act, unless the contrary
22 intention appears, a reference to the commission of a
23 serious sexual offence includes a reference to --
24 (a) the doing of an act or the making of an
25 omission in any State or Territory that
26 constitutes a serious sexual offence; or
27 (b) the doing of an act or the making of an
28 omission outside Australia that, if done within
page 7
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 3 Dangerous Sexual Offenders Act 2006 amended
s. 14
1 this State, would constitute a serious sexual
2 offence.
3 (2) For the purposes of subsection (1), it makes no
4 difference whether a person doing an act or making an
5 omission referred to in that subsection --
6 (a) would be likely to be charged with an offence;
7 or
8 (b) would, if charged with an offence, be found
9 mentally fit to stand trial; or
10 (c) would, if tried for an offence, be convicted.
11
12 14. Section 8 amended
13 (1) In section 8(4A) delete "a further supervision order under
14 section 17(1)(b) in relation to the offender, the further order"
15 and insert:
16
17 a Division 2 order in relation to the offender, the Division 2
18 order
19
20 (2) After section 8(4A) insert:
21
22 (4B) An application under subsection (4A) must specify
23 whether the Division 2 order sought is a continuing
24 detention order or a supervision order under
25 section 17(1)(b).
26
page 8
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Dangerous Sexual Offenders Act 2006 amended Part 3
s. 15
1 15. Section 17A amended
2 In section 17A(2):
3 (a) in paragraph (a) after "section 8(1)" insert:
4
5 or (4A)
6
7 (b) delete paragraph (b).
8 16. Section 17 amended
9 (1) In section 17(2) delete "In deciding" and insert:
10
11 Subject to subsection (3), in deciding
12
13 (2) Delete section 17(3) and insert:
14
15 (3) A court cannot make an order under subsection (1)(b)
16 unless it is satisfied, on the balance of probabilities,
17 that the offender will substantially comply with the
18 standard conditions of the order.
19 (4) The onus of proof as to the matter described in
20 subsection (3) is on the offender.
21
22 17. Section 20 amended
23 Delete section 20(2) and insert:
24
25 (2) Before amending the conditions the court must be
26 satisfied --
27 (a) that it is reasonable to make the amendment in
28 all the circumstances; and
page 9
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 3 Dangerous Sexual Offenders Act 2006 amended
s. 18
1 (b) that the conditions, as amended, will be
2 sufficient to ensure adequate protection of the
3 community; and
4 (c) if the application is made by the person who is
5 subject to the supervision order, that the person
6 will substantially comply with the standard
7 conditions of the order as amended.
8 (3) The onus of proof as to the matter described in
9 subsection (2)(c) is on the person who is subject to the
10 supervision order.
11
12 18. Section 21 amended
13 (1) In section 21(1) delete "summons or".
14 (2) Delete section 21(2) and (3) and insert:
15
16 (2) Subject to subsection (5), if the magistrate is satisfied
17 that there are reasonable grounds for the suspicion
18 described in subsection (1), the magistrate must issue,
19 in the form approved under section 46, a warrant
20 directed to all members of the police force for the
21 person who is subject to the supervision order to be
22 arrested and brought before the Supreme Court for it to
23 consider the suspected or anticipated contravention.
24 (3) The warrant must state the suspected or anticipated
25 contravention, and may state it in general terms.
26
27 (3) Delete section 21(4).
28 Note: The heading to amended section 21 is to read:
29 Warrant because of contravention
page 10
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Dangerous Sexual Offenders Act 2006 amended Part 3
s. 19
1 19. Section 22 replaced
2 Delete section 22 and insert:
3
4 22. DPP may seek orders
5 (1) This section applies to --
6 (a) a person who is brought before the Supreme
7 Court under a warrant issued under section 21
8 or 24A(5)(d); and
9 (b) a person who is charged with an offence under
10 section 40A.
11 (2) In relation to a person to whom this section applies, the
12 DPP may apply for --
13 (a) an order under section 23; and
14 (b) an order for the person to be detained in
15 custody while proceedings on the application
16 for an order under section 23 are pending.
17 (3) The application must state what order is sought under
18 section 23.
19
20 20. Section 23 amended
21 (1) Delete section 23(1) and (2A) and insert:
22
23 (1) If, on the hearing of an application under section 22,
24 the court is satisfied, on the balance of probabilities,
25 that the person to whom the application relates has
26 contravened or is contravening a condition of a
27 supervision order, the court must --
28 (a) rescind the supervision order and make a
29 continuing detention order in relation to the
30 person; or
page 11
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 3 Dangerous Sexual Offenders Act 2006 amended
s. 20
1 (b) subject to subsection (1B), make an order
2 amending the conditions of the supervision
3 order, or extending the period for which the
4 person is to be subject to the supervision order,
5 or both; or
6 (c) subject to subsection (1B), make an order
7 affirming the supervision order without
8 amendment or extension.
9 (1A) If, on the hearing of an application under section 22,
10 the court is satisfied, on the balance of probabilities,
11 that the person to whom the application relates is likely
12 to contravene a condition of a supervision order, the
13 court must --
14 (a) rescind the supervision order and make a
15 continuing detention order in relation to the
16 person; or
17 (b) subject to subsection (1B), make an order --
18 (i) amending the conditions of the
19 supervision order; or
20 (ii) both amending the conditions of, and
21 extending the period for which the
22 person is to be subject to, the
23 supervision order.
24 (1B) A court cannot make an order under subsection (1)(b)
25 or (c) or (1A)(b) unless it is satisfied, on the balance of
26 probabilities, that the person will substantially comply
27 with the standard conditions or amended standard
28 conditions of the supervision order.
29 (1C) The onus of proof as to the matter described in
30 subsection (1B) is on the person to whom the
31 application relates.
32
page 12
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Dangerous Sexual Offenders Act 2006 amended Part 3
s. 21
1 (2) In section 23(2) delete "whether to make an order under
2 subsection (1)," and insert:
3
4 which order to make under subsection (1) or (1A),
5
6 21. Section 24A amended
7 (1) Delete section 24A(2)(a) and (b) and insert:
8
9 (a) if the person is detained in custody, order the
10 person to be released, subject to subsection (3);
11 or
12 (b) if the person is not detained in custody, order
13 the person to be detained in custody.
14
15 (2) Delete section 24A(3) and insert:
16
17 (3) The court cannot order the person to be released unless
18 it is satisfied, on the balance of probabilities --
19 (a) that releasing the person is justified by
20 exceptional circumstances; and
21 (b) that the person will substantially comply with
22 the standard conditions of the supervision
23 order, including any amendments to the
24 standard conditions made under
25 subsection (5)(b).
26 (3A) The onus of proof as to the matter described in
27 subsection (3)(b) is on the person.
28
page 13
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Part 3 Dangerous Sexual Offenders Act 2006 amended
s. 22
1 22. Section 27A inserted
2 At the end of Part 2 Division 6 insert:
3
4 27A. Interim supervision orders
5 (1) In this section --
6 specified means specified by the court in an order made
7 under this section.
8 (2) This section applies if --
9 (a) proceedings on an application made under
10 section 8(1) or (4A), 19 or 22 are pending (the
11 pending proceedings); and
12 (b) the person to whom the pending proceedings
13 relate is not in custody; and
14 (c) the court is satisfied that, to ensure adequate
15 protection of the community, it is desirable to
16 make an order under this section.
17 (3) If the person is subject to a supervision order which
18 may otherwise expire before the pending proceedings
19 are finally determined, the court may at any time in the
20 pending proceedings order that the supervision order is
21 to continue until the pending proceedings are finally
22 determined or until another specified date.
23 (4) If the person has been subject to a supervision order
24 which has expired, the court may at any time in the
25 pending proceedings order that the supervision order is
26 to be reinstated with effect from a specified date and is
27 to continue until the pending proceedings are finally
28 determined or until another specified date.
29 (5) In any other case, the court may at any time in the
30 pending proceedings order that, with effect from a
31 specified date and until the pending proceedings are
32 finally determined or until another specified date, the
page 14
Dangerous Sexual Offenders Legislation Amendment Bill 2017
Dangerous Sexual Offenders Act 2006 amended Part 3
s. 23
1 offender is to be subject to stated conditions that the
2 court, subject to section 18, considers appropriate.
3
4 23. Section 33 amended
5 (1) In section 33(3) delete "In making" and insert:
6
7 Subject to subsection (4), in making
8
9 (2) After section 33(3) insert:
10
11 (4) A court cannot make an order under
12 subsection (1)(b)(ii) unless it is satisfied, on the
13 balance of probabilities, that the person will
14 substantially comply with the standard conditions of
15 the order.
16 (5) The onus of proof as to the matter described in
17 subsection (4) is on the person.
18
19
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