WA's response to unauthorised photography will be determined after the Standing Committee of Attorneys-General considers the issue and a working party reports in July 2008. Existing laws may cover some offences.

AnsweredQoN 169Legislative Council
Asked
12 March 2008
Portfolio
minister representing the Attorney General

QuestionView source ↗

PRIVACY DISCUSSION PAPER — STANDING COMMITTEE OF ATTORNEYS-GENERAL
I refer to the 2005 discussion paper “Unauthorised Use of Photographs on the Internet and Ancillary Privacy Issues” released by the Standing Committee of Attorneys-General for the purpose of developing a national response. (1) What changes are to be implemented in Western Australia? (2) What is the timetable for these to occur? Hon JON FORD

AnswerView source ↗

I thank Hon Giz Watson for some notice of the question. On behalf of the Minister for Child Protection, I indicate that the Attorney General has provided the following answer — (1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.
(1) What changes are to be implemented in Western Australia? (2) What is the timetable for these to occur? Hon JON FORD replied: I thank Hon Giz Watson for some notice of the question. On behalf of the Minister for Child Protection, I indicate that the Attorney General has provided the following answer — (1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.
(2) What is the timetable for these to occur? Hon JON FORD replied: I thank Hon Giz Watson for some notice of the question. On behalf of the Minister for Child Protection, I indicate that the Attorney General has provided the following answer — (1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.
Hon JON FORD replied: I thank Hon Giz Watson for some notice of the question. On behalf of the Minister for Child Protection, I indicate that the Attorney General has provided the following answer — (1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.
I thank Hon Giz Watson for some notice of the question. On behalf of the Minister for Child Protection, I indicate that the Attorney General has provided the following answer — (1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.
(1)-(2) Currently the Western Australian Criminal Code contains some relevant offences, including, under section 319, indecently recording. If force was applied, threatened or attempted, the act would constitute an assault and prosecutions could be brought under indecent dealing provisions in sections 320(4), 321(4), 322(4), 329(4) and 331(4). Therefore whatever changes, if any, are required to Western Australian law will be determined after the completion of the Standing Committee of Attorneys-General’s consideration of the issues raised by its discussion paper, and additional work that the SCAG working party is undertaking in order to determine the feasibility of harmonising laws and offences relating to the taking of unauthorised photographs, and any reform options to regulate the use of unauthorised photographs of children. It is anticipated that the working party will report to the July 2008 SCAG meeting.

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