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What Is The Sex Offender Register in WA?

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The Community Protection Offender Register (sometimes colloquially called the ‘WA sex offender register’) is a database of known offenders managed by the Western Australia Police Force. The register tracks individuals convicted of certain sexual offences to monitor their activities and reduce the risk of reoffending.

The following explains who ends up on the register, whether it is publicly accessible, the requirements on the register and how somebody can get themselves removed.

Who Is Placed on the WA Sex Offender Register?

A person will be placed on the WA sex offender register if they have been convicted of a ‘reportable offence’ as defined by Division 1 of the Community Protection (Offender Reporting) Act 2004 (WA). These offences include:

It is important to note that placement on the register is automatic in most cases, meaning that courts have limited discretion to exempt individuals from the requirement. Even if an offender receives a non-custodial sentence or suspended sentence, they may still be required to comply with the reporting obligations under the Act.

Is the WA Sex Offender Register Publicly Accessible?

The WA Sex Offender Register is not accessible to the general public. Under section 81 of the Act, the register is only accessible to persons authorised by the Police Commissioner to do so.

In practice, this means that law enforcement agencies at the federal, state, and territory levels are the only entities with access to the register. Although there are some online ‘WA sex offender lists’ purporting to notify the public of sex offenders in the State, they are not authorised by the government and are therefore unreliable and legally questionable.

Obligations for Registered Offenders

If a person has been placed on the WA sex offender register, they have a number of obligations, largely focused on regular reporting to WA Police. These obligations are outlined under Part 3 of the Act and include:

  • Initial reporting including details such as their name, address, phone number, email, employment, and internet usage within the first 7 days of being of the register. These details must also be updated within 7 days of any change.
  • Travel notifications, including notifying authorities before the offender leaves Western Australia.
  • Child contact notifications, including notifying authorities of any unsupervised contact with children.
  • Annual reporting, including meeting with authorities at least once a year to update details.

Breaching any of the obligations above could result in a serious criminal offence, including a maximum penalty of a fine up to $12,000 and/or 5 years imprisonment.

How Long Is A Person On the WA Sex Offender Register?

The length a person is on the WA sex offender register depends on the number of reportable offences they have been convicted of. Generally, the minimum length of time on the register is:

  • 8 years for one reportable offence;
  • 15 years for two reportable offences; or
  • Lifetime registration for three or more reportable offences.

These timeframes apply unless the offender successfully applies for early removal or has their conviction overturned on appeal. Juvenile offenders or individuals with special circumstances may be eligible for shorter registration periods, depending on the nature of the offence and their rehabilitation progress.

Can Someone Be Removed from the Register?

Generally, a person will remain on the sex offender register until their minimum term of the register has passed. However, under section 74C of the Act, an offender may apply to the Supreme Court of Western Australia to have their reporting obligations suspended if they:

  • Have been on the register for at least eight years;
  • Can demonstrate they no longer pose a risk to the community; and
  • Were not convicted of the most serious sexual offences

When considering an application, the court assesses a range of factors, including:

  • Rehabilitation efforts, such as participation in treatment programs;
  • Psychological evaluations, to assess the likelihood of reoffending; and
  • Whether the offender has committed further crimes since their initial conviction.

The court will assess factors such as rehabilitation, psychological evaluations, and whether the offender has committed further crimes in deciding whether reporting obligations are still required. Juvenile offenders may also be eligible for earlier removal depending on their age at the time of the offence, personal circumstances as well as post-conviction behaviour.

Finally, a person may be immediately removed from the sex offender register if they successfully appeal their conviction and have it quashed or overturned. Since registration is tied to conviction, a successful appeal nullifies the legal basis for the offender’s placement on the register.

Need Legal Advice?

If you are facing allegations of serious sexual assault and are convicted, there is a real likelihood that you will be added to the WA sex offender register. It's crucial to obtain legal advice early on in your matter to ensure the best possible outcome.

Andrew Williams is an experienced Criminal Lawyer and Barrister who can provide you with expert legal advice in relation sexual assault offences in Western Australia. Andrew offers a range of criminal law services and traffic law services in Perth, Fremantle and throughout Western Australia. He has the experience to guide you through your legal matter whilst working towards achieving the best outcome for your case.

Call Now: (08) 9278 2575

This post is informative only. It is not legal advice. If you have a specific legal matter you’d like to discuss, please contact us.

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.

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