❓ A WA parliamentary question on notice addresses the Attorney General regarding proposed changes to the Community Protection (Offender Reporting) Act 2004, specifically concerning juvenile and adult offenders and registration requirements. The Attorney General's response indicates consideration of the Law Reform Commission's proposals upon completion of their final report.
AnsweredQoN 3711Legislative Council
QuestionView source ↗
I refer to the recently released WA Law Reform Commission Discussion Paper on the
Community Protection (Offender Reporting) Act 2004
, and to the Attorney-General’s comments on that paper as reported in the
West Australian
on 4 March 2011, page 13, and I ask -
(1) Do you support Western Australia moving to a more discretionary approach to the registration of juvenile offenders?
(2) If no to (1), why not?
(3) If yes to (1), please outline the changes you propose to make to the Act to enable this to occur?
(4) When do you intend these changes to be made?
(5) If, as reported, you only intend an ‘exceptional’ group of juvenile offenders to be registered at the discretion of the court or any other body, please outline the type of offenders you propose will be included in this group?
(6) Do you, as proposed by the Commission, intend to allow juvenile reportable offenders to be able to apply for a review of their registration status after a qualifying period to provide an incentive for compliance?
(7) If no to (6), why not?
(8) Do you support the Commission’s proposal that adult offenders be excluded from the mandatory sex offender scheme, if there are exceptional circumstances, and the offender does not pose a risk to the life or sexual safety of any person?
(9) If no to (8), why not?
(10) Do you support the Commission’s proposal that adult offenders have a right of review of their registration status after half of the reporting period has expired, to assess whether they have become suitable for exclusion from the registration scheme?
(11) If no to (10), why not?
(12) Do you support the Commission’s proposal that adult offenders have a right of review of reporting frequency (either before a court or a senior police officer)?
(13) If no to (12), why not?
Community Protection (Offender Reporting) Act 2004
, and to the Attorney-General’s comments on that paper as reported in the
West Australian
on 4 March 2011, page 13, and I ask -
(1) Do you support Western Australia moving to a more discretionary approach to the registration of juvenile offenders?
(2) If no to (1), why not?
(3) If yes to (1), please outline the changes you propose to make to the Act to enable this to occur?
(4) When do you intend these changes to be made?
(5) If, as reported, you only intend an ‘exceptional’ group of juvenile offenders to be registered at the discretion of the court or any other body, please outline the type of offenders you propose will be included in this group?
(6) Do you, as proposed by the Commission, intend to allow juvenile reportable offenders to be able to apply for a review of their registration status after a qualifying period to provide an incentive for compliance?
(7) If no to (6), why not?
(8) Do you support the Commission’s proposal that adult offenders be excluded from the mandatory sex offender scheme, if there are exceptional circumstances, and the offender does not pose a risk to the life or sexual safety of any person?
(9) If no to (8), why not?
(10) Do you support the Commission’s proposal that adult offenders have a right of review of their registration status after half of the reporting period has expired, to assess whether they have become suitable for exclusion from the registration scheme?
(11) If no to (10), why not?
(12) Do you support the Commission’s proposal that adult offenders have a right of review of reporting frequency (either before a court or a senior police officer)?
(13) If no to (12), why not?
AnswerView source ↗
Answered
13 April 2011
Responded by
Parliamentary Secretary representing the Attorney General
Response time
28 days
(1) In April 2009 the Attorney General requested that the Law Reform Commission consider how the Community Protection (Offender Reporting) Act 2004 presently applies to juveniles. This reference was in response to a limited number of anecdotal cases brought to his attention where juveniles, engaged in ostensibly 'consensual' activity with other juveniles and had been subject to mandatory inclusion on the ANCOR register. Bearing in mind the fundamental importance of community safety, the Attorney General will consider the proposals of the Law Reform Commission once the reference is completed and a final report on this matter is provided to him.
(2) - (13) See (1)
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(2) - (13) See (1)
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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