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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Family Violence Legislation Reform Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Bail Act 1982 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 6 amended 3
6. Section 7 amended 3
7. Section 9 amended 4
8. Section 11 amended 4
9. Section 13 replaced 4
13. Jurisdiction to grant bail and exercise of
jurisdiction 4
10. Section 17AA inserted 5
17AA. Conditions on bail that must be imposed 5
11. Section 24A amended 5
12. Section 24B inserted 5
24B. Court may ask community corrections
officer to make list of conditions for
electronic monitoring condition 5
13. Section 26 amended 6
14. Section 27A amended 7
15. Section 28 amended 7
16. Section 31A amended 8
17. Section 46 amended 8
18. Section 50A replaced 9
50A. Application of Part 9
19. Section 50E amended 9
20. Section 50G amended 9
168--1 page i
Family Violence Legislation Reform Bill 2024
Contents
21. Section 50M inserted 10
50M. Failure to comply with direction 10
22. Part 6B inserted 11
Part 6B -- Administration of electronic monitoring
conditions
50N. Application of Part 11
50O. Powers of members of Police Force 12
50P. CEO (corrections) may substitute different
place where device is to be installed and
apply conditions 12
50Q. CEO (corrections) may revoke bail 13
50R. Procedure on arrest after revocation under
s. 50Q 13
50S. Rules of natural justice excluded 14
50T. Delegation by CEO (corrections) 15
50U. Rules for this Part 15
50V. Failure to comply with direction 15
23. Section 54 amended 16
24. Section 55 amended 17
25. Section 66C amended 18
26. Sections 66F to 66H inserted 19
66F. Disclosing electronic monitoring
information 19
66G. Disclosure under s. 66F not subject to
other laws and effect of disclosure 20
66H. Powers of CEO (corrections) 20
27. Schedule 1 amended 20
28. Schedule 1 Part C clause 1 amended 21
29. Schedule 1 Part C clause 3F amended 21
30. Schedule 1 Part C clause 3G inserted 23
3G. Bail in cases of family violence offence
(category A) involving accused bound by
family violence restraining order 23
31. Schedule 1 Part C clause 4 amended 24
32. Schedule 1 Part D clause 3 amended 24
33. Schedule 1 Part E inserted 26
Part E -- Condition that must be imposed on a grant
of bail for particular accused persons
1. Electronic monitoring condition 26
34. Schedule 2 amended 28
page ii
Family Violence Legislation Reform Bill 2024
Contents
Part 3 -- Criminal Investigation
Act 2006 amended
35. Act amended 31
36. Section 128 amended 31
Part 4 -- Criminal Law (Mental
Impairment) Act 2023 amended
37. Act amended 32
38. Section 403 deleted 32
39. Schedule 1 amended 32
Part 5 -- Criminal Law (Mentally
Impaired Accused) Act 1996
amended
40. Act amended 33
41. Schedule 1 amended 33
Part 6 -- High Risk Serious Offenders
Act 2020 amended
42. Act amended 34
43. Section 31 amended 34
44. Section 80 amended 34
45. Section 81A inserted 34
81A. Evidentiary provision for proceedings for
offences under s. 80 concerning electronic
monitoring 34
46. Schedule 1 amended 36
Part 7 -- Restraining Orders Act 1997
amended
47. Act amended 37
48. Section 5A amended 37
Part 8 -- Sentence Administration
Act 2003 amended
49. Act amended 38
50. Section 4 amended 38
51. Section 30 amended 39
page iii
Family Violence Legislation Reform Bill 2024
Contents
52. Section 57 amended 41
53. Section 74G amended 44
54. Section 95 amended 46
55. Section 97DA inserted 46
97DA. Disclosing electronic monitoring
information 46
56. Section 97E amended 47
57. Section 98 amended 47
58. Section 118A inserted 48
118A. Evidentiary provision for electronic
monitoring offences 48
59. Part 11 Division 3 inserted 50
Division 3 -- Provisions for the Family Violence
Legislation Reform Act 2024
130. Term used: commencement day 50
131. Particular reports given under s. 12 or 12A
may be amended or supplemented 51
132. Particular reports given under s. 17 may
be amended or supplemented 51
133. Particular reports given under s. 51 may
be amended or supplemented 52
134. Particular reports given under s. 74C may
be amended or supplemented 53
135. Application of s. 57 to applications for
re-entry release orders 53
Part 9 -- Sentencing Act 1995
amended
60. Act amended 54
61. Section 4 amended 54
62. Section 33H amended 55
63. Section 33HA amended 56
64. Section 67A amended 58
65. Section 75 amended 61
66. Section 76A amended 62
67. Section 84C amended 65
68. Section 84CA amended 66
69. Section 84J amended 69
70. Section 97A amended 69
71. Section 124D amended 70
72. Section 124E amended 70
73. Section 131 amended 71
74. Schedule 1A amended 71
page iv
Family Violence Legislation Reform Bill 2024
Contents
Part 10 -- Other Acts amended
75. Various references to Part 2 amended 72
page v
Western Australia
LEGISLATIVE ASSEMBLY
Family Violence Legislation Reform Bill 2024
A Bill for
An Act to amend --
• the Bail Act 1982; and
• the Criminal Investigation Act 2006; and
• the Criminal Law (Mental Impairment) Act 2023; and
• the Criminal Law (Mentally Impaired Accused) Act 1996; and
• the Cross-border Justice Act 2008; and
• the High Risk Serious Offenders Act 2020; and
• the Restraining Orders Act 1997; and
• the Sentence Administration Act 2003; and
• the Sentencing Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Family Violence Legislation Reform Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Family Violence Legislation Reform Act 2024.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) Part 4 (other than section 38) --
9 (i) if the Criminal Law (Mental Impairment)
10 Act 2023 Schedule 1 comes into operation on or
11 before assent day -- on the day after assent day;
12 or
13 (ii) otherwise -- immediately after the Criminal Law
14 (Mental Impairment) Act 2023 Schedule 1 comes
15 into operation;
16 (c) Part 5, Part 6 (other than sections 43 to 45) and
17 Part 10 -- on the day after assent day;
18 (d) the rest of the Act -- on a day fixed by proclamation,
19 and different days may be fixed for different provisions.
page 2
Family Violence Legislation Reform Bill 2024
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 3 amended
5 (1) In section 3(1) delete the definition of family violence offence.
6 (2) In section 3(1) insert in alphabetical order:
7
8 electronic monitoring condition means an electronic
9 monitoring condition imposed under Schedule 1 Part E
10 clause 1;
11
12 (3) In section 3(1) in the definition of serious offence paragraph (a)
13 after "section" insert:
14
15 50M(1) or (2), 50V(1) or (2) or
16
17 5. Section 6 amended
18 In section 6(2)(b) delete "3D and 3F." and insert:
19
20 3D, 3F and 3G.
21
22 6. Section 7 amended
23 In section 7(5) delete "3E and 3F." and insert:
24
25 3E, 3F and 3G.
26
27 Note: The heading to amended section 7 is to read:
28 Court to consider bail for unconvicted accused
page 3
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 7
1 7. Section 9 amended
2 In section 9(1)(b) delete "24(1) or 24A(1) or (2); or" and insert:
3
4 24(1), 24A(1) or (2) or 24B; or
5
6 8. Section 11 amended
7 In section 11(1)(e) after "50F," insert:
8
9 50Q,
10
11 9. Section 13 replaced
12 Delete section 13 and insert:
13
14 13. Jurisdiction to grant bail and exercise of
15 jurisdiction
16 (1) Jurisdiction to grant bail for any appearance described
17 in the first column of Schedule 1 Part A --
18 (a) is vested in the judicial officer or authorised
19 officer specified in the second column of that
20 Part opposite the appearance described; and
21 (b) must be exercised subject to and in accordance
22 with this Part and Schedule 1 Parts B, C, D
23 and E.
24 (2) A home detention condition must not be imposed as a
25 condition of bail except by a judicial officer under
26 Schedule 1 Part D clause 3.
27 (3) An electronic monitoring condition must not be
28 imposed as a condition of bail except by a judicial
29 officer under Schedule 1 Part E clause 1.
30
page 4
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 10
1 10. Section 17AA inserted
2 After section 17 insert:
3
4 17AA. Conditions on bail that must be imposed
5 A judicial officer must impose an electronic monitoring
6 condition as a condition on a grant of bail as required
7 by Schedule 1 Part E clause 1.
8
9 11. Section 24A amended
10 After section 24A(4) insert:
11
12 (5) However, subsection (4)(a) does not apply to a report
13 in relation to an accused referred to in Schedule 1
14 Part C clause 3F(1) or 3G(1).
15
16 12. Section 24B inserted
17 After section 24A insert:
18
19 24B. Court may ask community corrections officer to
20 make list of conditions for electronic monitoring
21 condition
22 (1) A judicial officer who is called upon to consider a case
23 for bail and who is required to impose an electronic
24 monitoring condition as a condition on a grant of bail
25 may request that a community corrections officer make
26 a list of those conditions in rules made under
27 section 50U that may be applied to the accused by the
28 CEO (corrections) while the accused is subject to the
29 electronic monitoring condition.
page 5
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 13
1 (2) If a list is requested under subsection (1), a community
2 corrections officer must, as soon as is practicable --
3 (a) make a list and give the list to the judicial
4 officer; and
5 (b) give a copy of the list to the accused or the
6 accused's solicitor or counsel.
7
8 13. Section 26 amended
9 (1) In section 26(1):
10 (a) delete "he --" and insert:
11
12 the officer or justice --
13
14 (b) in paragraph (c) delete "him" and insert:
15
16 the officer or justice
17
18 (2) In section 26(2):
19 (a) in paragraph (aa) delete "3E or 3F" and insert:
20
21 3E, 3F or 3G
22
23 (b) in paragraph (b) delete "him" and insert:
24
25 the judicial officer
26
27 (c) delete "therefor shall" and insert:
28
29 for the decision must
30
page 6
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 14
1 14. Section 27A amended
2 In section 27A delete "shall" and insert:
3
4 or an electronic monitoring condition must
5
6 Note: The heading to amended section 27A is to read:
7 Papers to be sent to CEO (corrections) in case of bail with home
8 detention condition or electronic monitoring condition
9 15. Section 28 amended
10 (1) In section 28(1):
11 (a) delete "A person" and insert:
12
13 An accused
14
15 (b) delete "he" and insert:
16
17 the accused
18
19 (2) In section 28(2):
20 (a) in paragraph (a) delete "he" and insert:
21
22 the accused
23
24 (b) delete paragraphs (c) and (d) and insert --
25
26 (c) that the accused will comply with such
27 conditions as may be imposed on the accused
28 under Schedule 1 Part D clause 2; and
29 (d) that the accused will comply with any home
30 detention condition that may be imposed as a
page 7
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 16
1 condition on a grant of bail to the accused
2 under Schedule 1 Part D clause 3; and
3 (e) that the accused will comply with any
4 electronic monitoring condition that must be
5 imposed as a condition on a grant of bail to the
6 accused under Schedule 1 Part E clause 1,
7
8 (c) delete "that Part." and insert:
9
10 Part D.
11
12 Note: The heading to amended section 28 is to read:
13 Nature of bail undertaking and when required
14 16. Section 31A amended
15 Delete section 31A(2)(c) and insert:
16
17 (c) add any condition to the extent that is --
18 (i) authorised by Schedule 1 Part D
19 clause 2 or 3; or
20 (ii) required by Schedule 1 Part E clause 1;
21
22 Note: The heading to amended section 31A is to read:
23 Amending conditions on bail during trial
24 17. Section 46 amended
25 In section 46(1):
26 (a) in paragraph (a)(iii) delete "28(2)(d);" and insert:
27
28 28(2)(d); or
29
page 8
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 18
1 (b) after paragraph (a)(iii) insert:
2
3 (iv) is, or has been, in breach of an
4 electronic monitoring condition
5 mentioned in section 28(2)(e);
6
7 18. Section 50A replaced
8 Delete section 50A and insert:
9
10 50A. Application of Part
11 This Part --
12 (a) applies in relation to a home detention
13 condition that includes electronic monitoring;
14 but
15 (b) does not apply in relation to an electronic
16 monitoring condition.
17
18 19. Section 50E amended
19 In section 50E(a) delete "remain;" and insert:
20
21 remain; or
22
23 20. Section 50G amended
24 Delete section 50G(1) and insert:
25
26 (1) An accused arrested under a warrant issued under
27 section 50F must be taken as soon as is practicable
28 before an appropriate judicial officer.
page 9
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 21
1 (1A) However, if the accused is arrested less than 24 hours
2 before the time at which the accused is due to appear in
3 accordance with the accused's bail undertaking, the
4 accused must be held in custody and brought before an
5 appropriate judicial officer at that time.
6 (1B) Also, subsection (1C) applies if --
7 (a) before arrest, the accused had been released on
8 bail following the accused's committal to the
9 District Court or the Supreme Court to be tried
10 (otherwise than for murder) or sentenced or
11 otherwise dealt with; and
12 (b) the accused has not made an appearance in that
13 court on the committal.
14 (1C) The accused must be taken as soon as is practicable
15 before a judicial officer who is empowered to exercise
16 jurisdiction in the court in which the committal order
17 was made, instead of before an appropriate judicial
18 officer.
19
20 21. Section 50M inserted
21 At the end of Part VIA insert:
22
23 50M. Failure to comply with direction
24 (1) An accused given a direction under Schedule 1 Part D
25 clause 3(5)(a), (b) or (ba) must comply with the
26 direction.
27 Penalty for this subsection: imprisonment for 3 years
28 and a fine of $36 000.
page 10
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 22
1 (2) An accused given a direction under Schedule 1 Part D
2 clause 3(5)(bb) must comply with the direction, unless
3 the accused has a reasonable excuse.
4 Penalty for this subsection: imprisonment for 3 years
5 and a fine of $36 000.
6 (3) A prosecution for an offence against subsection (1)
7 or (2) may be brought at any time.
8 (4) A court that convicts an accused of an offence against
9 subsection (1) or (2) may order that the accused pay a
10 sum towards the costs and expenses of the accused's
11 apprehension following the failure to comply with the
12 direction for which the accused was convicted.
13 (5) An order under subsection (4) may be made in addition
14 to any penalty the court may impose.
15 Note for this section:
16 See the Sentence Administration Act 2003 section 118A for
17 an evidentiary provision for proceedings for an offence
18 against subsection (1) or (2).
19
20 22. Part 6B inserted
21 Before Part VII insert:
22
23 Part 6B -- Administration of electronic
24 monitoring conditions
25 50N. Application of Part
26 This Part applies in relation to an electronic monitoring
27 condition.
page 11
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 22
1 50O. Powers of members of Police Force
2 (1) For the purpose of ascertaining whether or not an
3 accused is complying with an electronic monitoring
4 condition, a member of the Police Force may require
5 the accused to produce a copy of the accused's bail
6 undertaking and any notice by the CEO (corrections)
7 under section 50P(a) for inspection.
8 (2) An accused on whom a requirement is imposed under
9 subsection (1) must comply with the requirement.
10 Penalty for this subsection: a fine of $2 000.
11 50P. CEO (corrections) may substitute different place
12 where device is to be installed and apply conditions
13 The CEO (corrections) may, at any time, by notice in
14 writing given to an accused granted bail subject to an
15 electronic monitoring condition --
16 (a) substitute a different place for the place where
17 an approved electronic monitoring device is
18 required by the electronic monitoring condition
19 to be installed; or
20 (b) require the accused to comply with --
21 (i) if a list was given under
22 section 24B(2) -- such of the conditions
23 in the list as are specified in the notice;
24 or
25 (ii) otherwise -- the conditions specified in
26 the notice.
page 12
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 22
1 50Q. CEO (corrections) may revoke bail
2 (1) If an electronic monitoring condition has been imposed
3 as a condition on a grant of bail to an accused the CEO
4 (corrections) may, in the CEO's absolute discretion, by
5 instrument signed by the CEO and if practicable given
6 to the accused, revoke the bail.
7 (2) Without limiting subsection (1), the power to revoke
8 bail may be exercised if the accused --
9 (a) is not likely to comply with any requirement of
10 the accused's bail undertaking mentioned in
11 section 28(2)(a) or (b); or
12 (b) is, or has been, or is likely to be in breach of
13 any condition of the accused's bail undertaking
14 mentioned in section 28(2)(c).
15 (3) Subject to subsection (4), if the CEO (corrections)
16 revokes bail the CEO must include a statement of the
17 CEO's reasons for the cancellation in the instrument
18 cancelling the bail.
19 (4) If the CEO (corrections) is of the opinion that it would
20 be in the interest of the accused or any other person, or
21 the public, to withhold from the accused any or all of
22 the reasons referred to in subsection (3), the CEO may
23 so withhold the reason or reasons.
24 (5) If the CEO (corrections) revokes bail, the CEO may,
25 whenever necessary, issue a warrant directed to all
26 members of the Police Force to have the accused
27 arrested and brought before an appropriate judicial
28 officer.
29 50R. Procedure on arrest after revocation under s. 50Q
30 (1) An accused arrested under a warrant issued under
31 section 50Q must be taken as soon as is practicable
32 before an appropriate judicial officer.
page 13
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 22
1 (2) However, if the accused is arrested less than 24 hours
2 before the time at which the accused is due to appear in
3 accordance with the accused's bail undertaking, the
4 accused must be held in custody and brought before an
5 appropriate judicial officer at that time.
6 (3) Also, subsection (4) applies if --
7 (a) before arrest, the accused had been released on
8 bail following the accused's committal to the
9 District Court or the Supreme Court to be tried
10 (otherwise than for murder) or sentenced or
11 otherwise dealt with; and
12 (b) the accused has not made an appearance in that
13 court on the committal.
14 (4) The accused must be taken as soon as is practicable
15 before a judicial officer who is empowered to exercise
16 jurisdiction in the court in which the committal order
17 was made, instead of before an appropriate judicial
18 officer.
19 (5) The judicial officer before whom an accused appears
20 under this section may --
21 (a) remand the accused in custody to appear at the
22 time and place specified, or deemed by
23 section 31(3) to be specified, in the accused's
24 bail undertaking; or
25 (b) grant fresh bail to the accused in accordance
26 with this Act, other than Schedule 1 Part B
27 clause 2.
28 50S. Rules of natural justice excluded
29 The rules known as the rules of natural justice
30 (including any duty of procedural fairness) do not
31 apply to or in relation to the doing or omission of any
page 14
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 22
1 act, matter or thing under this Part by the CEO
2 (corrections).
3 50T. Delegation by CEO (corrections)
4 The CEO (corrections) may, either generally or as
5 otherwise provided by the instrument of delegation, by
6 writing signed by the CEO, delegate to any person any
7 power or duty under this Part, other than this power of
8 delegation.
9 50U. Rules for this Part
10 (1) The CEO (corrections) may, with the approval of the
11 Minister, make rules for the purposes of this Part which
12 may provide for the manner of ensuring that accused
13 persons are complying with electronic monitoring
14 conditions and for conditions to be applied to accused
15 persons granted bail subject to electronic monitoring
16 conditions.
17 (2) Rules made under this section may confer a
18 discretionary authority on any person or class of
19 persons.
20 (3) The Interpretation Act 1984 sections 41 and 42 do not
21 apply to rules made under this section.
22 50V. Failure to comply with direction
23 (1) An accused given a direction under Schedule 1 Part E
24 clause 1(4)(a), (b) or (c) must comply with the
25 direction.
26 Penalty for this subsection: imprisonment for 3 years
27 and a fine of $36 000.
28 (2) An accused given a direction under Schedule 1 Part E
29 clause 1(4)(d) must comply with the direction, unless
30 the accused has a reasonable excuse.
page 15
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 23
1 Penalty for this subsection: imprisonment for 3 years
2 and a fine of $36 000.
3 (3) A prosecution for an offence against subsection (1)
4 or (2) may be brought at any time.
5 (4) A court that convicts an accused of an offence against
6 subsection (1) or (2) may order that the accused pay a
7 sum towards the costs and expenses of the accused's
8 apprehension following the failure to comply with the
9 direction for which the accused was convicted.
10 (5) An order under subsection (4) may be made in addition
11 to any penalty that the court may impose.
12 Note for this section:
13 See the Sentence Administration Act 2003 section 118A for
14 an evidentiary provision for proceedings for an offence
15 against subsection (1) or (2).
16
17 23. Section 54 amended
18 In section 54(1):
19 (a) in paragraph (a)(iii) delete "28(2)(d);" and insert:
20
21 28(2)(d); or
22
23 (b) after paragraph (a)(iii) insert:
24
25 (iv) is, or has been, in breach of an
26 electronic monitoring condition
27 mentioned in section 28(2)(e);
28 or
29
page 16
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 24
1 24. Section 55 amended
2 (1) In section 55(1):
3 (a) in paragraph (a) delete "his" and insert:
4
5 the accused's
6
7 (b) in paragraph (b) delete "he" and insert:
8
9 the accused
10
11 (c) in paragraph (b) delete "his" and insert:
12
13 the accused's
14
15 (d) in paragraph (ba) delete "he" and insert:
16
17 the accused
18
19 (e) after paragraph (ba) insert:
20
21 (bb) the accused is, or has been, in breach of
22 an electronic monitoring condition
23 mentioned in section 28(2)(e); or
24
25 (f) delete "he may --" and insert:
26
27 the judicial officer may --
28
page 17
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 25
1 (g) in paragraph (d) delete "his" and insert:
2
3 the accused's
4
5 (2) In section 55(2):
6 (a) delete "he shall" and insert:
7
8 the judicial officer must
9
10 (b) delete "his" and insert:
11
12 the accused's
13
14 Note: The heading to amended section 55 is to read:
15 Judicial officer may revoke bail of accused before court under
16 s. 54
17 25. Section 66C amended
18 In section 66C(1):
19 (a) in paragraph (c)(ii) delete "24A." and insert:
20
21 24A;
22
23 (b) after paragraph (c)(ii) insert:
24
25 (iii) a list made in accordance with
26 section 24B.
27
page 18
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 26
1 26. Sections 66F to 66H inserted
2 After section 66E insert:
3 66F. Disclosing electronic monitoring information
4 (1) In this section --
5 electronic monitoring information means --
6 (a) orders, directions, requirements or conditions
7 (EM orders) about electronic monitoring under
8 this Act; and
9 (b) any information that relates to EM orders,
10 including, for example, information about the
11 movements of persons subject to EM orders;
12 relevant employee means a person employed in the
13 department designated as the Police Service.
14 (2) The CEO (corrections) may disclose electronic
15 monitoring information to a police officer or a relevant
16 employee.
17 (3) Without limiting the way in which the CEO
18 (corrections) may disclose electronic monitoring
19 information under subsection (2), the CEO
20 (corrections) may give police officers and relevant
21 employees access to an electronic database containing
22 electronic monitoring information.
23 (4) A police officer or a relevant employee may, for any
24 reasonable purpose in the performance of their
25 functions as a police officer or a relevant employee --
26 (a) access electronic monitoring information
27 disclosed by the CEO (corrections) under
28 subsection (2); and
29 (b) use the electronic monitoring information.
page 19
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 27
1 (5) The CEO (corrections) must establish procedures for
2 the disclosure of electronic monitoring information
3 under this section.
4 66G. Disclosure under s. 66F not subject to other laws
5 and effect of disclosure
6 (1) Information may be disclosed under section 66F
7 despite any written law relating to confidentiality or
8 secrecy.
9 (2) If information is disclosed, in good faith, under
10 section 66F --
11 (a) no civil or criminal liability is incurred in
12 respect of the disclosure; and
13 (b) the disclosure is not to be regarded as a breach
14 of any duty of confidentiality or secrecy
15 imposed by law; and
16 (c) the disclosure is not to be regarded as a breach
17 of professional ethics or standards or as
18 unprofessional conduct.
19 66H. Powers of CEO (corrections)
20 The CEO (corrections) has all of the powers conferred
21 under this Act on a community corrections officer and
22 may review, vary or rescind a direction given by a
23 community corrections officer.
24
25 27. Schedule 1 amended
26 Delete the reference after the heading to Schedule 1 and insert:
27
28 [s. 13, 17 and 17AA]
29
page 20
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 28
1 28. Schedule 1 Part C clause 1 amended
2 In Schedule 1 Part C clause 1 delete "3E and 3F," and insert:
3
4 3E, 3F and 3G,
5
6 29. Schedule 1 Part C clause 3F amended
7 (1) Before Schedule 1 Part C clause 3F(1) insert:
8
9 (1A) In this clause --
10 family violence offence (category B) means an offence
11 where the offender and the victim are in a designated family
12 relationship with each other at the time of the commission of
13 the offence and the offence is --
14 (a) an offence against the Restraining Orders Act 1997
15 section 61(1) or (1A); or
16 (b) an offence against The Criminal Code
17 section 221BD, 279, 280, 281, 283, 292, 293, 294,
18 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324,
19 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E
20 or 444.
21
22 (2) In Schedule 1 Part C clause 3F(1):
23 (a) in paragraph (a) delete "offence; or" and insert:
24
25 offence (category B); or
26
27 (b) in paragraph (b) after "offence" insert:
28
29 (category B)
30
page 21
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 29
1 (3) In Schedule 1 Part C clause 3F(2) after "offence" insert:
2
3 (category B)
4
5 (4) In Schedule 1 Part C clause 3F(3) delete "offence," and insert:
6
7 offence (category B),
8
9 (5) After Schedule 1 Part C clause 3F(4) insert:
10
11 (4A) If a judicial officer grants bail under subclause (2) and
12 imposes a home detention condition as a condition on the
13 grant of bail, Part D clause 3(4A) applies.
14 (4B) If a judicial officer grants bail under subclause (2) and does
15 not impose a home detention condition as a condition on the
16 grant of bail, Part E clause 1 applies.
17
18 (6) In Schedule 1 Part C clause 3F(6) delete "considered the
19 imposition of " and insert:
20
21 imposed
22
23 Note: The heading to amended Schedule 1 Part C clause 3F is to read:
24 Bail in cases of family violence offence (category B) involving
25 serial family violence offender
page 22
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 30
1 30. Schedule 1 Part C clause 3G inserted
2 After Schedule 1 Part C clause 3F insert:
3
4 3G. Bail in cases of family violence offence (category A)
5 involving accused bound by family violence restraining
6 order
7 (1) This clause applies if --
8 (a) an accused is bound by a family violence restraining
9 order and is in custody --
10 (i) awaiting an appearance in court before
11 conviction for a family violence offence
12 (category A); or
13 (ii) waiting to be sentenced or otherwise dealt
14 with for a family violence offence
15 (category A) of which the accused has been
16 convicted;
17 and
18 (b) the person against whom the family violence
19 offence (category A) was committed or is alleged to
20 have been committed is protected by the family
21 violence restraining order.
22 (2) In subclause (1) --
23 family violence offence (category A) means an offence
24 where the offender and the victim are in a designated family
25 relationship with each other at the time of the commission of
26 the offence and the offence is an offence against The
27 Criminal Code section 221BD, 279, 280, 281, 283, 292,
28 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323,
29 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E
30 or 444;
31 family violence restraining order has the meaning given in
32 the Restraining Orders Act 1997 section 3(1).
page 23
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 31
1 (3) Despite clause 1, 2 or 4 or any other provision of this Act, if
2 this clause applies bail may only be granted by a judicial
3 officer, other than a justice, in whom jurisdiction is vested.
4 (4) If a judicial officer grants bail under subclause (3) and
5 imposes a home detention condition as a condition on the
6 grant of bail, Part D clause 3(4A) applies.
7 (5) If a judicial officer grants bail under subclause (3) and does
8 not impose a home detention condition as a condition on the
9 grant of bail, Part E clause 1 applies.
10 (6) If an accused is granted bail under subclause (3), on any
11 subsequent appearance for bail in the same case a judicial
12 officer may order that bail is to continue on the same terms
13 and conditions.
14 (7) This clause does not apply if bail is being granted under the
15 Sentencing Act 1995 section 33C(6) and the court has
16 imposed an electronic monitoring requirement under
17 section 33HA of that Act.
18
19 31. Schedule 1 Part C clause 4 amended
20 In Schedule 1 Part C clause 4(1) delete "3E and 3F," and insert:
21
22 3E, 3F and 3G,
23
24 32. Schedule 1 Part D clause 3 amended
25 (1) In Schedule 1 Part D clause 3(2):
26 (a) delete "over the age of 17 years" and insert:
27
28 17 or more years of age
29
page 24
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 32
1 (b) in paragraph (a) delete "his" and insert:
2
3 the accused's
4
5 (2) In Schedule 1 Part D clause 3(4) delete "this clause" and insert:
6
7 this clause, other than in relation to an accused referred to in Part C
8 clause 3F(1) or 3G(1),
9
10 (3) After Schedule 1 Part D clause 3(4) insert:
11
12 (4A) A judicial officer who imposes a home detention condition
13 under this clause must, if the accused is a person referred to
14 in Part C clause 3F(1) or 3G(1), direct that the accused,
15 while subject to the home detention condition --
16 (a) be subject to electronic monitoring under
17 subclause (5) so as to allow the location of the
18 accused to be monitored; and
19 (b) be under the supervision of a community
20 corrections officer and comply with the directions
21 of the community corrections officer under
22 subclause (5).
23 (4B) Subclause (4A) does not apply if the judicial officer is
24 satisfied there are exceptional circumstances.
25
26 (4) In Schedule 1 Part D clause 3(5):
27 (a) in paragraph (a) delete "device; and" and insert:
28
29 device;
30
page 25
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 33
1 (b) in paragraph (b) delete "remain; and" and insert:
2
3 remain;
4
5 (c) after paragraph (b) insert:
6
7 (ba) direct the accused to charge the approved electronic
8 monitoring device so as to ensure the device is at all
9 times operational;
10 (bb) direct the accused to not enter 1 or more areas of the
11 State stated in a written notice given to the accused
12 by the community corrections officer;
13
14 33. Schedule 1 Part E inserted
15 At the end of Schedule 1 insert:
16
17 Part E -- Condition that must be imposed on a grant of bail
18 for particular accused persons
19 1. Electronic monitoring condition
20 (1) This clause applies if a judicial officer grants bail under --
21 (a) Part C clause 3F(2) in the circumstances referred to
22 in Part C clause 3F(4B); or
23 (b) Part C clause 3G(3) in the circumstances referred to
24 in Part C clause 3G(5).
25 (2) The judicial officer must impose an electronic monitoring
26 condition as a condition on the grant of bail unless the
27 judicial officer is satisfied there are exceptional
28 circumstances.
page 26
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 33
1 (3) An electronic monitoring condition is a condition that while
2 the accused is on bail the accused --
3 (a) be subject to electronic monitoring under
4 subclause (4) so as to allow the location of the
5 accused to be monitored; and
6 (b) be under the supervision of a community
7 corrections officer and comply with the directions
8 of the community corrections officer under
9 subclause (4).
10 (4) For the purpose of the electronic monitoring of an accused,
11 a community corrections officer may do any or all of the
12 following --
13 (a) direct the accused to wear an approved electronic
14 monitoring device;
15 (b) direct the accused to permit the installation of an
16 approved electronic monitoring device at the place
17 where the accused resides or, if the accused does
18 not have a place of residence, at any other place
19 specified by the community corrections officer;
20 (c) direct the accused to charge the approved electronic
21 monitoring device so as to ensure the device is at all
22 times operational;
23 (d) direct the accused to not enter 1 or more areas of the
24 State stated in a written notice given to the accused
25 by the community corrections officer;
26 (e) give any other reasonable direction to the accused
27 necessary for the proper administration of the
28 electronic monitoring of the accused.
29 (5) A community corrections officer may suspend the electronic
30 monitoring of an accused subject to a condition under
31 subclause (2) --
32 (a) while satisfied that it is not practicable to subject
33 the accused to electronic monitoring; or
34 (b) while satisfied that it is not necessary for the
35 accused to be subject to electronic monitoring.
page 27
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 34
1 (6) The purpose of electronic monitoring under this clause is to
2 enable the location of the accused to be monitored.
3 (7) This clause does not apply to a person who is under 18 years
4 of age.
5
6 34. Schedule 2 amended
7 After Schedule 2 item 3 insert:
8
3AA. Sentence Administration Act 2003
s. 30(2) Failure to comply with requirement
about approved electronic
monitoring device
s. 30(3) Failure to comply with requirement
about not entering area of the State
s. 57(3) Failure to comply with requirement
about approved electronic
monitoring device
s. 57(4) Failure to comply with requirement
about not entering area of the State
s. 74G(2) Failure to comply with requirement
about approved electronic
monitoring device
s. 74G(3) Failure to comply with requirement
about not entering area of the State
s. 118(6) Damage, remove or interfere with,
or interfere with operation of,
monitoring equipment in such a way
as to prevent or impede monitoring
person's location
page 28
Family Violence Legislation Reform Bill 2024
Bail Act 1982 amended Part 2
s. 34
3AB. Sentencing Act 1995
s. 33H(10A) Failure to comply with order about
approved electronic monitoring
device
s. 33H(10B) Failure to comply with order about
not entering area of the State
s. 33HA(5A) Failure to comply with direction
about approved electronic
monitoring device
s. 33HA(5B) Failure to comply with direction
about not entering area of the State
s. 67A(6A) Failure to comply with direction
about approved electronic
monitoring device
s. 67A(6B) Failure to comply with direction
about not entering area of the State
s. 75(10A) Failure to comply with order about
approved electronic monitoring
device
s. 75(10B) Failure to comply with order about
not entering area of the State
s. 76A(3A) Failure to comply with direction
about approved electronic
monitoring device
s. 76A(3B) Failure to comply with direction
about not entering area of the State
s. 84C(10A) Failure to comply with order about
approved electronic monitoring
device
s. 84C(10B) Failure to comply with order about
not entering area of the State
page 29
Family Violence Legislation Reform Bill 2024
Part 2 Bail Act 1982 amended
s. 34
s. 84CA(4A) Failure to comply with direction
about approved electronic
monitoring device
s. 84CA(4B) Failure to comply with direction
about not entering area of the State
1
page 30
Family Violence Legislation Reform Bill 2024
Criminal Investigation Act 2006 amended Part 3
s. 35
1 Part 3 -- Criminal Investigation Act 2006 amended
2 35. Act amended
3 This Part amends the Criminal Investigation Act 2006.
4 36. Section 128 amended
5 In section 128(1) in the definition of serious offence after
6 paragraph (c) insert:
7
8 (ca) under the Bail Act 1982 section 50M(1) or (2)
9 or 50V(1) or (2); or
10 (cb) under the High Risk Serious Offenders Act 2020
11 section 80(1); or
12 (cc) under the Sentence Administration Act 2003
13 section 30(2) or (3), 57(3) or (4), 74G(2) or (3)
14 or 118(6); or
15 (cd) under the Sentencing Act 1995
16 section 33H(10A) or (10B), 33HA(5A) or (5B),
17 67A(6A) or (6B), 75(10A) or (10B), 76A(3A)
18 or (3B), 84C(10A) or (10B) or 84CA(4A)
19 or (4B); or
20
page 31
Family Violence Legislation Reform Bill 2024
Part 4 Criminal Law (Mental Impairment) Act 2023 amended
s. 37
1 Part 4 -- Criminal Law (Mental Impairment) Act 2023
2 amended
3 37. Act amended
4 This Part amends the Criminal Law (Mental Impairment)
5 Act 2023.
6 38. Section 403 deleted
7 Delete section 403.
8 39. Schedule 1 amended
9 In Schedule 1 Division 1 Subdivision 3 after item 14 insert:
10
14A. s. 300(1) Persistent family violence
11
page 32
Family Violence Legislation Reform Bill 2024
Criminal Law (Mentally Impaired Accused) Act 1996 amended Part 5
s. 40
1 Part 5 -- Criminal Law (Mentally Impaired Accused)
2 Act 1996 amended
3 40. Act amended
4 This Part amends the Criminal Law (Mentally Impaired
5 Accused) Act 1996.
6 41. Schedule 1 amended
7 In Schedule 1 item 1 after the row relating to The Criminal
8 Code s. 297 insert:
9
s. 300(1) Persistent family violence
10
page 33
Family Violence Legislation Reform Bill 2024
Part 6 High Risk Serious Offenders Act 2020 amended
s. 42
1 Part 6 -- High Risk Serious Offenders Act 2020
2 amended
3 42. Act amended
4 This Part amends the High Risk Serious Offenders Act 2020.
5 43. Section 31 amended
6 After section 31(3)(b) insert:
7
8 (ba) direct the offender to charge the approved
9 electronic monitoring device so as to ensure the
10 device is at all times operational;
11 (bb) direct the offender to not enter 1 or more areas
12 of the State stated in a written notice given to
13 the offender by the community corrections
14 officer;
15
16 44. Section 80 amended
17 In section 80(1) in the Penalty delete "years." and insert:
18
19 years and a fine of $36 000.
20
21 45. Section 81A inserted
22 After section 81 insert:
23
24 81A. Evidentiary provision for proceedings for offences
25 under s. 80 concerning electronic monitoring
26 (1) In this section --
27 approved means approved by the CEO;
page 34
Family Violence Legislation Reform Bill 2024
High Risk Serious Offenders Act 2020 amended Part 6
s. 45
1 relevant instruction means an instruction about
2 electronic monitoring given by a community
3 corrections officer to a person subject to a supervision
4 order;
5 relevant matter means --
6 (a) that a person was subject to a supervision order;
7 or
8 (b) that a specified type of approved electronic
9 monitoring device was used to monitor a
10 person; or
11 (c) that a specified approved electronic monitoring
12 device was installed --
13 (i) at a specified place and on a specified
14 date; and
15 (ii) in accordance with the manufacturer's
16 specifications;
17 or
18 (d) that on a specified date a specified approved
19 electronic monitoring device was turned on; or
20 (e) that during a specified period a specified
21 approved electronic monitoring device was
22 working; or
23 (f) that during a specified period a specified
24 system for detecting approved electronic
25 monitoring devices was detecting a specified
26 approved electronic monitoring device; or
27 (g) that during a specified period a specified
28 system for detecting approved electronic
29 monitoring devices was receiving location data
30 from a specified approved electronic
31 monitoring device; or
32 (h) particulars of communications during a
33 specified period between a specified system for
page 35
Family Violence Legislation Reform Bill 2024
Part 6 High Risk Serious Offenders Act 2020 amended
s. 46
1 detecting approved electronic monitoring
2 devices and a specified approved electronic
3 monitoring device; or
4 (i) that on a specified date and at a specified time a
5 specified approved electronic monitoring
6 device stopped working.
7 (2) In proceedings for an offence under section 80(1) that
8 concerns electronic monitoring --
9 (a) a certificate in the form approved under
10 section 89 stating a relevant matter and
11 purporting to be signed by the CEO or a
12 community corrections officer is, without proof
13 of any appointment or signature, evidence of
14 the matter stated in the certificate; and
15 (b) a certificate in the form approved under
16 section 89 stating a document attached to the
17 certificate is a copy of a relevant instruction
18 and purporting to be signed by the CEO or a
19 community corrections officer is, without proof
20 of any appointment or signature, evidence of
21 what is stated.
22 (3) The copy of the relevant instruction is evidence of what
23 is stated in the relevant instruction.
24
25 46. Schedule 1 amended
26 In Schedule 1 Division 1 Subdivision 3 after item 14 insert:
27
14A. s. 300(1) Persistent family violence
28
page 36
Family Violence Legislation Reform Bill 2024
Restraining Orders Act 1997 amended Part 7
s. 47
1 Part 7 -- Restraining Orders Act 1997 amended
2 47. Act amended
3 This Part amends the Restraining Orders Act 1997.
4 48. Section 5A amended
5 (1) In section 5A(1)(b) after "behaviour" insert:
6
7 or pattern of behaviour
8
9 (2) After section 5A(1) insert:
10
11 (1A) Behaviour or a pattern of behaviour referred to in
12 subsection (1)(b) --
13 (a) may occur over a period of time; and
14 (b) may be more than 1 act, or a series of acts, that
15 when considered cumulatively coerces or
16 controls the family member or causes the
17 member to be fearful; and
18 (c) is to be considered in the context of the
19 relationship between the person and the family
20 member as a whole.
21
22 (3) In section 5A(2):
23 (a) after "of behaviour" insert:
24
25 or a pattern of behaviour
26
27 (b) in paragraph (l) after "behaviour" insert:
28
29 or a pattern of behaviour
30
page 37
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 49
1 Part 8 -- Sentence Administration Act 2003 amended
2 49. Act amended
3 This Part amends the Sentence Administration Act 2003.
4 50. Section 4 amended
5 (1) In section 4(2) delete the definition of family violence offence.
6 (2) In section 4(2) insert in alphabetical order:
7
8 family violence offence (category A) means an offence
9 where the offender and the victim are in a designated
10 family relationship with each other at the time of the
11 commission of the offence and the offence is an
12 offence against The Criminal Code section 221BD,
13 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301,
14 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332,
15 333, 338A, 338B, 338C, 338E or 444;
16 family violence offence (category B) means an offence
17 where the offender and the victim are in a designated
18 family relationship with each other at the time of the
19 commission of the offence and the offence is --
20 (a) an offence against the Restraining Orders
21 Act 1997 section 61(1) or (1A); or
22 (b) an offence against The Criminal Code
23 section 221BD, 279, 280, 281, 283, 292, 293,
24 294, 297, 298, 300, 301, 304, 313, 317, 317A,
25 323, 324, 325, 326, 328, 332, 333, 338A, 338B,
26 338C, 338E or 444;
27 family violence restraining order has the meaning
28 given in the Restraining Orders Act 1997 section 3(1);
29
page 38
Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 51
1 51. Section 30 amended
2 (1) In section 30(1):
3 (a) in paragraph (e)(ii) delete "resides;" and insert:
4
5 resides; or
6
7 (b) after paragraph (e)(ii) insert:
8
9 (iii) charge the approved electronic
10 monitoring device so as to ensure the
11 device is at all times operational; or
12 (iv) not enter 1 or more areas of the State
13 stated in a written notice given to the
14 prisoner by the CEO;
15
16 (c) after paragraph (i) insert:
17
18 (ia) a curfew requirement that the prisoner must
19 remain at a specified place for a specified
20 period not exceeding 12 hours in any period of
21 24 hours;
22 (ib) a requirement that the prisoner must not
23 frequent or visit a specified place or area;
24
25 (2) Delete section 30(2) and insert:
26
27 (2) A person on whom a requirement is imposed under
28 subsection (1)(c), (d) or (e)(i), (ii) or (iii) must comply
29 with the requirement.
30 Penalty for this subsection: imprisonment for 3 years
31 and a fine of $36 000.
page 39
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 51
1 (3) A person on whom a requirement is imposed under
2 subsection (1)(e)(iv) must comply with the
3 requirement, unless the person has a reasonable excuse.
4 Penalty for this subsection: imprisonment for 3 years
5 and a fine of $36 000.
6 (4) Subsection (7) applies if the parole order relates to --
7 (a) a prisoner --
8 (i) who has been serving imprisonment for
9 a family violence offence (category A);
10 and
11 (ii) who is bound by a family violence
12 restraining order;
13 or
14 (b) a prisoner --
15 (i) who has been serving imprisonment for
16 a family violence offence (category B);
17 and
18 (ii) who is a serial family violence offender.
19 (5) In subsection (4)(a)(i) a reference to a prisoner who has
20 been serving imprisonment for a family violence
21 offence (category A) is a reference to a prisoner --
22 (a) who has been serving a fixed term for a family
23 violence offence (category A); or
24 (b) who --
25 (i) has been serving a fixed term for an
26 offence or offences other than a family
27 violence offence (category A); and
28 (ii) has been serving that term at all times
29 since completing a fixed term for a
30 family violence offence (category A).
page 40
Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 52
1 (6) In subsection (4)(b)(i) a reference to a prisoner who has
2 been serving imprisonment for a family violence
3 offence (category B) is a reference to a prisoner --
4 (a) who has been serving a fixed term for a family
5 violence offence (category B); or
6 (b) who --
7 (i) has been serving a fixed term for an
8 offence or offences other than a family
9 violence offence (category B); and
10 (ii) has been serving that term at all times
11 since completing a fixed term for a
12 family violence offence (category B).
13 (7) The Board or the Governor (as the case may be) must
14 impose a requirement under subsection (1)(c), (d)
15 or (e), unless the Board or Governor is satisfied there
16 are exceptional circumstances.
17
18 Note: The heading to amended section 30 is to read:
19 Additional requirements for parole order
20 52. Section 57 amended
21 Delete section 57(2) and (3) and insert:
22
23 (2) Without limiting subsection (1), additional
24 requirements may include --
25 (a) a requirement that the prisoner wear an
26 approved electronic monitoring device; or
27 (b) a requirement that the prisoner permit the
28 installation of an approved electronic
29 monitoring device at the place where the
30 prisoner resides; or
page 41
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 52
1 (c) a requirement that the prisoner charge the
2 approved electronic monitoring device so as to
3 ensure the device is at all times operational; or
4 (d) a requirement that the prisoner not enter 1 or
5 more areas of the State stated in a written notice
6 given to the prisoner by the Board; or
7 (e) a curfew requirement that the prisoner must
8 remain at a specified place for a specified
9 period not exceeding 12 hours in any period of
10 24 hours; or
11 (f) a requirement that the prisoner must not
12 frequent or visit a specified place or area.
13 (3) A person on whom a requirement is imposed under
14 subsection (2)(a), (b) or (c) must comply with the
15 requirement.
16 Penalty for this subsection: imprisonment for 3 years
17 and a fine of $36 000.
18 (4) A person on whom a requirement is imposed under
19 subsection (2)(d) must comply with the requirement,
20 unless the person has a reasonable excuse.
21 Penalty for this subsection: imprisonment for 3 years
22 and a fine of $36 000.
23 (5) Subsection (8) applies if --
24 (a) the prisoner --
25 (i) has been serving imprisonment for a
26 family violence offence (category A);
27 and
28 (ii) is bound by a family violence
29 restraining order;
30 or
page 42
Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 52
1 (b) the prisoner --
2 (i) has been serving imprisonment for a
3 family violence offence (category B);
4 and
5 (ii) is a serial family violence offender.
6 (6) In subsection (5)(a)(i) a reference to a prisoner who has
7 been serving imprisonment for a family violence
8 offence (category A) is a reference to a prisoner --
9 (a) who has been serving a fixed term for a family
10 violence offence (category A); or
11 (b) who --
12 (i) has been serving a fixed term for an
13 offence or offences other than a family
14 violence offence (category A); and
15 (ii) has been serving that term at all times
16 since completing a fixed term for a
17 family violence offence (category A).
18 (7) In subsection (5)(b)(i) a reference to a prisoner who has
19 been serving imprisonment for a family violence
20 offence (category B) is a reference to a prisoner --
21 (a) who has been serving a fixed term for a family
22 violence offence (category B); or
23 (b) who --
24 (i) has been serving a fixed term for an
25 offence or offences other than a family
26 violence offence (category B); and
27 (ii) has been serving that term at all times
28 since completing a fixed term for a
29 family violence offence (category B).
page 43
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 53
1 (8) The Board must impose a requirement referred to in
2 subsection (2)(a), (b), (c) or (d), unless the Board is
3 satisfied there are exceptional circumstances.
4
5 53. Section 74G amended
6 (1) In section 74G(1):
7 (a) in paragraph (e)(ii) delete "resides;" and insert:
8
9 resides; or
10
11 (b) after paragraph (e)(ii) insert:
12
13 (iii) charge the approved electronic
14 monitoring device so as to ensure the
15 device is at all times operational; or
16 (iv) not enter 1 or more areas of the State
17 stated in a written notice given to the
18 supervised offender by the CEO;
19
20 (c) after paragraph (g) insert:
21
22 (h) a curfew requirement that the supervised
23 offender must remain at a specified place for a
24 specified period not exceeding 12 hours in any
25 period of 24 hours;
26 (i) a requirement that the supervised offender must
27 not frequent or visit a specified place or area;
28
page 44
Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 53
1 (2) Delete section 74G(2) and insert:
2
3 (2) A person on whom a requirement is imposed under
4 subsection (1)(e)(i), (ii) or (iii) must comply with the
5 requirement.
6 Penalty for this subsection: imprisonment for 3 years
7 and a fine of $36 000.
8 (3) A person on whom a requirement is imposed under
9 subsection (1)(e)(iv) must comply with the
10 requirement, unless the person has a reasonable excuse.
11 Penalty for this subsection: imprisonment for 3 years
12 and a fine of $36 000.
13 (4) Subsection (5) applies if --
14 (a) the supervised offender --
15 (i) has been serving imprisonment for a
16 family violence offence (category A);
17 and
18 (ii) is bound by a family violence
19 restraining order;
20 or
21 (b) the supervised offender --
22 (i) has been serving imprisonment for a
23 family violence offence (category B);
24 and
25 (ii) is a serial family violence offender.
26 (5) The Board must impose a requirement under
27 subsection (1)(c), (d) or (e), unless the Board is
28 satisfied there are exceptional circumstances.
page 45
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 54
1 54. Section 95 amended
2 In section 95(1):
3 (a) in paragraph (c) delete "1994." and insert:
4
5 1994;
6
7 (b) after paragraph (c) insert:
8
9 (d) under the Bail Act 1982 section 66F.
10
11 55. Section 97DA inserted
12 After section 97D insert:
13
14 97DA. Disclosing electronic monitoring information
15 (1) In this section --
16 electronic monitoring information means --
17 (a) orders, directions or requirements (EM orders)
18 about electronic monitoring under this Act, the
19 High Risk Serious Offenders Act 2020 or the
20 Sentencing Act 1995; and
21 (b) any information that relates to EM orders,
22 including, for example, information about the
23 movements of persons subject to EM orders;
24 relevant employee means a person employed in the
25 department designated as the Police Service.
26 (2) The CEO may disclose electronic monitoring
27 information to a police officer or a relevant employee.
28 (3) Without limiting the way in which the CEO may
29 disclose electronic monitoring information under
30 subsection (2), the CEO may give police officers and
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Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 56
1 relevant employees access to an electronic
2 database containing electronic monitoring information.
3 (4) A police officer or relevant employee may, for any
4 reasonable purpose in the performance of their
5 functions as a police officer or a relevant employee --
6 (a) access electronic monitoring information
7 disclosed by the CEO under subsection (2); and
8 (b) use the electronic monitoring information.
9 (5) The CEO must establish procedures for the disclosure
10 of electronic monitoring information under this section.
11
12 56. Section 97E amended
13 (1) In section 97E(1) delete "97C or 97D" and insert:
14
15 97C, 97D or 97DA
16
17 (2) In section 97E(2) delete "97C or 97D --" and insert:
18
19 97C, 97D or 97DA --
20
21 Note: The heading to amended section 97E is to read:
22 Disclosure under s. 97A, 97B, 97C, 97D and 97DA not subject to
23 other laws and effect of disclosure
24 57. Section 98 amended
25 (1) In section 98(1) delete "1995" and insert:
26
27 1995, the Criminal Law (Mental Impairment) Act 2023
28
page 47
Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 58
1 (2) In section 98(1) delete "Part VIA of the Bail Act 1982 --" and
2 insert:
3
4 the Bail Act 1982 Parts VIA and 6B --
5
6 (3) In section 98(1) delete "Part VIA --" and insert:
7
8 Parts VIA and 6B --
9
10 58. Section 118A inserted
11 After section 118 insert:
12
13 118A. Evidentiary provision for electronic monitoring
14 offences
15 (1) In this section --
16 approved form means a form approved by the CEO;
17 monitoring equipment has the meaning given in
18 section 118(1);
19 relevant instruction means an instruction given by a
20 CCO to a person who was subject to an order, direction
21 or requirement, the alleged breach of which constitutes
22 the relevant offence in the proceedings;
23 relevant matter means --
24 (a) that a person was subject to an order, direction
25 or requirement, the alleged breach of which
26 constitutes the relevant offence in the
27 proceedings; or
28 (b) that a specified type of monitoring equipment
29 was used to monitor a person; or
page 48
Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 58
1 (c) that specified monitoring equipment was
2 installed --
3 (i) at a specified place and on a specified
4 date; and
5 (ii) in accordance with the manufacturer's
6 specifications;
7 or
8 (d) that on a specified date specified monitoring
9 equipment was turned on; or
10 (e) that during a specified period specified
11 monitoring equipment was working; or
12 (f) that during a specified period a specified
13 system for detecting monitoring equipment was
14 detecting specified monitoring equipment; or
15 (g) that during a specified period a specified
16 system for detecting monitoring equipment was
17 receiving location data from specified
18 monitoring equipment; or
19 (h) particulars of communications during a
20 specified period between a specified system for
21 detecting monitoring equipment and specified
22 monitoring equipment; or
23 (i) that on a specified date and at a specified time
24 specified monitoring equipment stopped
25 working;
26 relevant offence means an offence under --
27 (a) section 30(2) or (3), 57(3) or (4), 74G(2) or (3)
28 or 118(6); or
29 (b) the Bail Act 1982 section 50M(1) or (2) or
30 50V(1) or (2); or
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Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 59
1 (c) the Sentencing Act 1995 section 33H(10A) or
2 (10B), 33HA(5A) or (5B), 67A(6A) or (6B),
3 75(10A) or (10B), 76A(3A) or (3B), 84C(10A)
4 or (10B) or 84CA(4A) or (4B).
5 (2) In proceedings for a relevant offence --
6 (a) a certificate in the approved form stating a
7 relevant matter and purporting to be signed by
8 the CEO or a CCO is, without proof of any
9 appointment or signature, evidence of the
10 matter stated in the certificate; and
11 (b) a certificate in the approved form stating a
12 document attached to the certificate is a copy of
13 a relevant instruction and purporting to be
14 signed by the CEO or a CCO is, without proof
15 of any appointment or signature, evidence of
16 what is stated.
17 (3) The copy of the relevant instruction is evidence of what
18 is stated in the relevant instruction.
19
20 59. Part 11 Division 3 inserted
21 At the end of Part 11 insert:
22
23 Division 3 -- Provisions for the Family Violence
24 Legislation Reform Act 2024
25 130. Term used: commencement day
26 In this Division --
27 commencement day means the day on which the
28 Family Violence Legislation Reform Act 2024
29 section 59 comes into operation.
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Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 59
1 131. Particular reports given under s. 12 or 12A may be
2 amended or supplemented
3 (1) If a report (an original report) in respect of a prisoner
4 was given by the Board to the Minister under
5 section 12 or 12A before commencement day --
6 (a) the Board may amend the original report to
7 address the likelihood of the prisoner
8 complying with the additional requirements in
9 section 30(1)(e)(iii) or (iv), (ia) or (ib) and give
10 the amended report to the Minister; or
11 (b) the Board may give the Minister a report
12 supplementary to the original report addressing
13 the likelihood of the prisoner complying with
14 the additional requirements in
15 section 30(1)(e)(iii) or (iv), (ia) or (ib).
16 (2) An original report amended and given under
17 subsection (1)(a) is taken to have been given by the
18 Board to the Minister as amended when the original
19 report was first given.
20 (3) A supplementary report given under subsection (1)(b)
21 is taken to have been given by the Board to the
22 Minister when the original report was given.
23 132. Particular reports given under s. 17 may be
24 amended or supplemented
25 (1) If a report (an original report) in respect of a prisoner
26 was given by the CEO to the Board under section 17
27 before commencement day --
28 (a) the CEO may amend the original report to
29 address the likelihood of the prisoner
30 complying with the additional requirements in
31 section 30(1)(e)(iii) or (iv), (ia) or (ib) and give
32 the amended report to the Board; or
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Family Violence Legislation Reform Bill 2024
Part 8 Sentence Administration Act 2003 amended
s. 59
1 (b) the CEO may give the Board a report
2 supplementary to the original report addressing
3 the likelihood of the prisoner complying with
4 the additional requirements in
5 section 30(1)(e)(iii) or (iv), (ia) or (ib).
6 (2) An original report amended and given under
7 subsection (1)(a) is taken to have been given by the
8 CEO to the Board as amended when the original report
9 was first given.
10 (3) A supplementary report given under subsection (1)(b)
11 is taken to have been given by the CEO to the Board
12 when the original report was given.
13 133. Particular reports given under s. 51 may be
14 amended or supplemented
15 (1) If a report (an original report) in respect of a prisoner
16 was given by the CEO to the Board under section 51
17 before commencement day --
18 (a) the CEO may amend the original report to
19 address the likelihood of the prisoner
20 complying with the additional requirements in
21 section 57(2)(c), (d), (e) or (f) and give the
22 amended report to the Board; or
23 (b) the CEO may give the Board a report
24 supplementary to the original report addressing
25 the likelihood of the prisoner complying with
26 the additional requirements in section 57(2)(c),
27 (d), (e) or (f).
28 (2) An original report amended and given under
29 subsection (1)(a) is taken to have been given by the
30 CEO to the Board as amended when the original report
31 was first given.
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Family Violence Legislation Reform Bill 2024
Sentence Administration Act 2003 amended Part 8
s. 59
1 (3) A supplementary report given under subsection (1)(b)
2 is taken to have been given by the CEO to the Board
3 when the original report was given.
4 134. Particular reports given under s. 74C may be
5 amended or supplemented
6 (1) If a report (an original report) in respect of a prisoner
7 was given by the CEO to the Board under section 74C
8 before commencement day --
9 (a) the CEO may amend the original report to
10 address the likelihood of the prisoner
11 complying with the additional requirements in
12 section 74G(1)(e)(iii) or (iv), (h) or (i) and give
13 the amended report to the Board; or
14 (b) the CEO may give the Board a report
15 supplementary to the original report addressing
16 the likelihood of the prisoner complying with
17 the additional requirements in
18 section 74G(1)(e)(iii) or (iv), (h) or (i).
19 (2) An original report amended and given under
20 subsection (1)(a) is taken to have been given by the
21 CEO to the Board as amended when the original report
22 was first given.
23 (3) A supplementary report given under subsection (1)(b)
24 is taken to have been given by the CEO to the Board
25 when the original report was given.
26 135. Application of s. 57 to applications for re-entry
27 release orders
28 Section 57 as amended by the Family Violence
29 Legislation Reform Act 2024 section 52 applies in
30 relation to an application for a re-entry release order
31 made but not decided before commencement day.
32
page 53
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 60
1 Part 9 -- Sentencing Act 1995 amended
2 60. Act amended
3 This Part amends the Sentencing Act 1995.
4 61. Section 4 amended
5 (1) In section 4(1) delete the definition of family violence offence.
6 (2) In section 4(1) insert in alphabetical order:
7
8 family violence offence (category A) means an offence
9 where the offender and the victim are in a designated
10 family relationship with each other at the time of the
11 commission of the offence and the offence is an
12 offence against The Criminal Code section 221BD,
13 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301,
14 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332,
15 333, 338A, 338B, 338C, 338E or 444;
16 family violence offence (category B) means an offence
17 where the offender and the victim are in a designated
18 family relationship with each other at the time of the
19 commission of the offence and the offence is --
20 (a) an offence against the Restraining Orders
21 Act 1997 section 61(1) or (1A); or
22 (b) an offence against The Criminal Code
23 section 221BD, 279, 280, 281, 283, 292, 293,
24 294, 297, 298, 300, 301, 304, 313, 317, 317A,
25 323, 324, 325, 326, 328, 332, 333, 338A, 338B,
26 338C, 338E or 444;
27 family violence restraining order has the meaning
28 given in the Restraining Orders Act 1997 section 3(1);
29
page 54
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 62
1 62. Section 33H amended
2 (1) In section 33H(10):
3 (a) delete "both" and insert:
4
5 more
6
7 (b) in paragraph (b) delete "resides." and insert:
8
9 resides;
10
11 (c) after paragraph (b) insert:
12
13 (c) charge the approved electronic monitoring
14 device so as to ensure the device is at all times
15 operational;
16 (d) not enter 1 or more areas of the State stated in a
17 written notice given to the offender by the
18 speciality court or the CCO.
19
20 (2) After section 33H(10) insert:
21
22 (10A) A person given an order under subsection (10)(a), (b)
23 or (c) must comply with the order.
24 Penalty for this subsection: imprisonment for 3 years
25 and a fine of $36 000.
26 (10B) A person given an order under subsection (10)(d) must
27 comply with the order, unless the person has a
28 reasonable excuse.
29 Penalty for this subsection: imprisonment for 3 years
30 and a fine of $36 000.
31
page 55
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 63
1 (3) At the end of section 33H(15) insert:
2
3 Note for this section:
4 See the Sentence Administration Act 2003 section 118A for
5 an evidentiary provision for proceedings for an offence
6 against subsection (10A) or (10B).
7
8 63. Section 33HA amended
9 (1) Delete section 33HA(1) to (4) and insert:
10
11 (1) This section applies if --
12 (a) an offence in respect of which a PSO may
13 apply is a family violence offence (category A)
14 and --
15 (i) the offender is bound by a family
16 violence restraining order; and
17 (ii) the person against whom the family
18 violence offence (category A) was
19 committed is protected by the family
20 violence restraining order;
21 or
22 (b) an offence in respect of which a PSO may
23 apply is a family violence offence (category B)
24 and the offender is a serial family violence
25 offender.
26 (2) For the purposes of subsection (1)(b), an offender is a
27 serial family violence offender whether the offender
28 was so declared by --
29 (a) the court referred to in subsection (3) at the
30 time of the offender's conviction for the family
31 violence offence (category B); or
32 (b) another court.
page 56
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 63
1 (3) If this section applies and a court makes a PSO the
2 court must impose a requirement (an electronic
3 monitoring requirement) for electronic monitoring in
4 respect of the offender under this section, unless the
5 court is satisfied there are exceptional circumstances.
6 (4) The purpose of electronic monitoring of an offender
7 subject to a PSO is to enable the location of the
8 offender to be monitored.
9
10 (2) In section 33HA(5):
11 (a) delete "both" and insert:
12
13 more
14
15 (b) in paragraph (b) delete "CCO." and insert:
16
17 CCO;
18
19 (c) after paragraph (b) insert:
20
21 (c) direct the offender to charge the approved
22 electronic monitoring device so as to ensure the
23 device is at all times operational;
24 (d) direct the offender to not enter 1 or more areas
25 of the State stated in a written notice given to
26 the offender by the CCO.
27
page 57
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 64
1 (3) After section 33HA(5) insert:
2
3 (5A) A person given a direction under subsection (5)(a), (b)
4 or (c) must comply with the direction.
5 Penalty for this subsection: imprisonment for 3 years
6 and a fine of $36 000.
7 (5B) A person given a direction under subsection (5)(d)
8 must comply with the direction, unless the person has a
9 reasonable excuse.
10 Penalty for this subsection: imprisonment for 3 years
11 and a fine of $36 000.
12
13 (4) At the end of section 33HA(7) insert:
14
15 Note for this section:
16 See the Sentence Administration Act 2003 section 118A for
17 an evidentiary provision for proceedings for an offence
18 against subsection (5A) or (5B).
19
20 64. Section 67A amended
21 (1) Delete section 67A(1) to (5) and insert:
22
23 (1) This section applies if --
24 (a) an offence in respect of which a CBO may
25 apply is a family violence offence (category A)
26 and --
27 (i) the offender is bound by a family
28 violence restraining order; and
page 58
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 64
1 (ii) the person against whom the family
2 violence offence (category A) was
3 committed is protected by the family
4 violence restraining order;
5 or
6 (b) an offence in respect of which a CBO may
7 apply is a family violence offence (category B)
8 and the offender is a serial family violence
9 offender.
10 (2) For the purposes of subsection (1)(b), an offender is a
11 serial family violence offender whether the offender
12 was so declared by --
13 (a) the court referred to in subsection (3) at the
14 time of the offender's conviction for the family
15 violence offence (category B); or
16 (b) another court.
17 (3) If this section applies and a court makes a CBO the
18 court must impose a requirement (an electronic
19 monitoring requirement) for electronic monitoring in
20 respect of the offender under this section, unless the
21 court is satisfied there are exceptional circumstances.
22 (4) The purpose of electronic monitoring of an offender
23 subject to a CBO is to enable the location of the
24 offender to be monitored.
25
26 (2) In section 67A(6):
27 (a) delete "both" and insert:
28
29 more
30
page 59
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 64
1 (b) in paragraph (b) delete "CCO." and insert:
2
3 CCO;
4
5 (c) after paragraph (b) insert:
6
7 (c) direct the offender to charge the approved
8 electronic monitoring device so as to ensure the
9 device is at all times operational;
10 (d) direct the offender to not enter 1 or more areas
11 of the State stated in a written notice given to
12 the offender by the CCO.
13
14 (3) After section 67A(6) insert:
15
16 (6A) A person given a direction under subsection (6)(a), (b)
17 or (c) must comply with the direction.
18 Penalty for this subsection: imprisonment for 3 years
19 and a fine of $36 000.
20 (6B) A person given a direction under subsection (6)(d)
21 must comply with the direction, unless the person has a
22 reasonable excuse.
23 Penalty for this subsection: imprisonment for 3 years
24 and a fine of $36 000.
25
26 (4) At the end of section 67A(8) insert:
27
28 Note for this section:
29 See the Sentence Administration Act 2003 section 118A for
30 an evidentiary provision for proceedings for an offence
31 against subsection (6A) or (6B).
32
page 60
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 65
1 65. Section 75 amended
2 (1) In section 75(10):
3 (a) in paragraph (b) delete "resides." and insert:
4
5 resides; or
6
7 (b) after paragraph (b) insert:
8
9 (c) to charge the approved electronic monitoring
10 device so as to ensure the device is at all times
11 operational; or
12 (d) to not enter 1 or more areas of the State stated
13 in a written notice given to the offender by the
14 CCO.
15
16 (2) After section 75(10) insert:
17
18 (10A) A person given an order under subsection (10)(a), (b)
19 or (c) must comply with the order.
20 Penalty for this subsection: imprisonment for 3 years
21 and a fine of $36 000.
22 (10B) A person given an order under subsection (10)(d) must
23 comply with the order, unless the person has a
24 reasonable excuse.
25 Penalty for this subsection: imprisonment for 3 years
26 and a fine of $36 000.
27
page 61
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 66
1 (3) At the end of section 75(15) insert:
2
3 Note for this section:
4 See the Sentence Administration Act 2003 section 118A for
5 an evidentiary provision for proceedings for an offence
6 against subsection (10A) or (10B).
7
8 66. Section 76A amended
9 (1) Delete section 76A(1) and (1A) and insert:
10
11 (1) The purpose of electronic monitoring of an offender --
12 (a) under subsection (2) is to enable the location of
13 the offender to be monitored where the offender
14 presents a high risk to --
15 (i) a person; or
16 (ii) a group of persons; or
17 (iii) the community more generally;
18 and
19 (b) under subsection (2C) is to enable the location
20 of the offender to be monitored.
21
22 (2) In section 76A(2) after "case," insert:
23
24 other than a case referred to in subsection (2A),
25
page 62
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 66
1 (3) After section 76A(2) insert:
2
3 (2A) Subsection (2C) applies if --
4 (a) an offence in respect of which an ISO may
5 apply is a family violence offence (category A)
6 and --
7 (i) the offender is bound by a family
8 violence restraining order; and
9 (ii) the person against whom the family
10 violence offence (category A) was
11 committed is protected by the family
12 violence restraining order;
13 or
14 (b) an offence in respect of which an ISO may
15 apply is a family violence offence (category B)
16 and the offender is a serial family violence
17 offender.
18 (2B) For the purposes of subsection (2A)(b), an offender is a
19 serial family violence offender whether the offender
20 was so declared by --
21 (a) the court referred to in subsection (2C) at the
22 time of the offender's conviction for the family
23 violence offence (category B); or
24 (b) another court.
25 (2C) If subsection (2A) applies and a court makes an ISO
26 the court must impose a requirement (also an
27 electronic monitoring requirement) for electronic
28 monitoring in respect of the offender under this section,
29 unless the court is satisfied there are exceptional
30 circumstances.
31
page 63
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 66
1 (4) In section 76A(3):
2 (a) delete "both" and insert:
3
4 more
5
6 (b) in paragraph (b) delete "CCO." and insert:
7
8 CCO;
9
10 (c) after paragraph (b) insert:
11
12 (c) direct the offender to charge the approved
13 electronic monitoring device so as to ensure the
14 device is at all times operational;
15 (d) direct the offender to not enter 1 or more areas
16 of the State stated in a written notice given to
17 the offender by the CCO.
18
19 (5) After section 76A(3) insert:
20
21 (3A) A person given a direction under subsection (3)(a), (b)
22 or (c) must comply with the direction.
23 Penalty for this subsection: imprisonment for 3 years
24 and a fine of $36 000.
25 (3B) A person given a direction subsection (3)(d) must
26 comply with the direction, unless the person has a
27 reasonable excuse.
28 Penalty for this subsection: imprisonment for 3 years
29 and a fine of $36 000.
30
page 64
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 67
1 (6) At the end of section 76A(6) insert:
2
3 Note for this section:
4 See the Sentence Administration Act 2003 section 118A for
5 an evidentiary provision for proceedings for an offence
6 against subsection (3A) or (3B).
7
8 67. Section 84C amended
9 (1) In section 84C(10):
10 (a) in paragraph (b) delete "lives." and insert:
11
12 lives; or
13
14 (b) after paragraph (b) insert:
15
16 (c) to charge the approved electronic monitoring
17 device so as to ensure the device is at all times
18 operational; or
19 (d) to not enter 1 or more areas of the State stated
20 in a written notice given to the offender by the
21 speciality court or the CCO.
22
23 (2) After section 84C(10) insert:
24
25 (10A) A person given an order under subsection (10)(a), (b)
26 or (c) must comply with the order.
27 Penalty for this subsection: imprisonment for 3 years
28 and a fine of $36 000.
page 65
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 68
1 (10B) A person given an order under subsection (10)(d) must
2 comply with the order, unless the person has a
3 reasonable excuse.
4 Penalty for this subsection: imprisonment for 3 years
5 and a fine of $36 000.
6
7 (3) At the end of section 84C(15) insert:
8
9 Note for this section:
10 See the Sentence Administration Act 2003 section 118A for
11 an evidentiary provision for proceedings for an offence
12 against subsection (10A) or (10B).
13
14 68. Section 84CA amended
15 (1) Delete section 84CA(1) and (1A) and insert:
16
17 (1) The purpose of electronic monitoring of an offender --
18 (a) under subsection (2) is to enable the location of
19 the offender to be monitored where the offender
20 presents a high risk to --
21 (i) a person; or
22 (ii) a group of persons; or
23 (iii) the community more generally;
24 and
25 (b) under subsection (3C) is to enable the location
26 of the offender to be monitored.
27
28 (2) In section 84CA(2) after "case," insert:
29
30 other than a case referred to in subsection (3A),
31
page 66
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 68
1 (3) In section 84CA(3) after "imposed" insert:
2
3 under subsection (2)
4
5 (4) After section 84CA(3) insert:
6
7 (3A) Subsection (3C) applies if --
8 (a) an offence in respect of which CSI may apply is
9 a family violence offence (category A) and --
10 (i) the offender is bound by a family
11 violence restraining order; and
12 (ii) the person against whom the family
13 violence offence (category A) was
14 committed is protected by the family
15 violence restraining order;
16 or
17 (b) an offence in respect of which CSI may apply is
18 a family violence offence (category B) and the
19 offender is a serial family violence offender.
20 (3B) For the purposes of subsection (3A)(b), an offender is a
21 serial family violence offender whether the offender
22 was so declared by --
23 (a) the court referred to in subsection (3C) at the
24 time of the offender's conviction for the family
25 violence offence (category B); or
26 (b) another court.
27 (3C) If subsection (3A) applies and a court orders CSI the
28 court must impose a requirement (also an electronic
29 monitoring requirement) for electronic monitoring in
30 respect of the offender under this section, unless the
31 court is satisfied there are exceptional circumstances.
32
page 67
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 68
1 (5) In section 84CA(4):
2 (a) delete "both" and insert:
3
4 more
5
6 (b) in paragraph (b) delete "CCO." and insert:
7
8 CCO;
9
10 (c) after paragraph (b) insert:
11
12 (c) direct the offender to charge the approved
13 electronic monitoring device so as to ensure the
14 device is at all times operational;
15 (d) direct the offender to not enter 1 or more areas
16 of the State stated in a written notice given to
17 the offender by the CCO.
18
19 (6) After section 84CA(4) insert:
20
21 (4A) A person given a direction under subsection (4)(a), (b)
22 or (c) must comply with the direction.
23 Penalty for this subsection: imprisonment for 3 years
24 and a fine of $36 000.
25 (4B) A person given a direction under subsection (4)(d)
26 must comply with the direction, unless the person has a
27 reasonable excuse.
28 Penalty for this subsection: imprisonment for 3 years
29 and a fine of $36 000.
30
page 68
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 69
1 (7) At the end of section 84CA(5) insert:
2
3 Note for this section:
4 See the Sentence Administration Act 2003 section 118A for
5 an evidentiary provision for proceedings for an offence
6 against subsection (4A) or (4B).
7
8 69. Section 84J amended
9 After section 84J(1) insert:
10
11 (1A) Subsection (1) does not apply to breach of a CSI
12 requirement constituted by --
13 (a) a failure to comply with an order given under
14 section 84C(10)(a), (b), (c) or (d); or
15 (b) a failure to comply with a direction given under
16 section 84CA(4)(a), (b), (c) or (d).
17
18 70. Section 97A amended
19 In section 97A(6):
20 (a) in paragraph (b) delete "offence; and" and insert:
21
22 offence (category B); and
23
24 (b) delete paragraph (c) and insert:
25
26 (c) the offender is a serial family violence
27 offender, whether the offender was so declared
28 by --
29 (i) the court referred to in paragraph (a) at
30 the time of the offender's conviction for
31 the offence referred to in that paragraph;
32 or
page 69
Family Violence Legislation Reform Bill 2024
Part 9 Sentencing Act 1995 amended
s. 71
1 (ii) another court.
2
3 Note: The heading to amended section 97A is to read:
4 Declaration of serious offence for purposes of High Risk Serious
5 Offenders Act 2020 and Sentence Administration Act 2003 Part 5A
6 71. Section 124D amended
7 In section 124D in the definition of prescribed offence
8 paragraphs (a) and (b) delete "offence; or" and insert:
9
10 offence (category B); or
11
12 72. Section 124E amended
13 (1) In section 124E(1) after "family violence offence" insert:
14
15 (category B)
16
17 (2) In section 124E(4)(a) delete "offence;" and insert:
18
19 offence (category B);
20
21 (3) In section 124E(6)(b)(i) delete "offence; and" and insert:
22
23 offence (category B); and
24
page 70
Family Violence Legislation Reform Bill 2024
Sentencing Act 1995 amended Part 9
s. 73
1 73. Section 131 amended
2 After section 131(1) insert:
3
4 (1A) Subsection (1) does not apply to breach of a
5 community order constituted by --
6 (a) for a community order that is a CBO -- a
7 failure to comply with a direction given under
8 section 67A(6)(a), (b), (c) or (d); or
9 (b) for a community order that is an ISO -- a
10 failure to comply with --
11 (i) an order under section 75(10)(a), (b), (c)
12 or (d); or
13 (ii) a direction under section 76A(3)(a), (b),
14 (c) or (d).
15
16 74. Schedule 1A amended
17 In Schedule 1A Part 2 item 2 after the row relating to
18 section 50D(2) insert:
19
s. 50O(2) Hindering police officer seeking to
ascertain compliance with
electronic monitoring condition
20
page 71
Family Violence Legislation Reform Bill 2024
Part 10 Other Acts amended
s. 75
1 Part 10 -- Other Acts amended
2 75. Various references to Part 2 amended
3 (1) This section amends the Acts listed in the Table.
4 (2) In the provisions listed in the Table delete "Part 2" and insert:
5
6 Part 2A
7
8 Table
Cross-border Justice Act 2008 s. 48 def. of WA police order
Restraining Orders Act 1997 s. 3(1) def. of police order
s. 7A(e)
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