The Sex Offenders Register in Western Australia

Is the sex offenders register public in Western Australia?

Partly. The confidential register held by WA Police is not public. But WA also runs a public Community Protection Website. Tier 1 publishes photos and details of reportable offenders who have failed to report or whose whereabouts are unknown, and anyone can view it. Tier 2 and Tier 3 require an application and disclose limited information about high-risk offenders in your area or a specific person with unsupervised access to your child. For specific advice on what is being disclosed about you, call 1800 951 176.

How long will I be on the register in WA?

Under section 46 of the Community Protection (Offender Reporting) Act 2004 (WA), it is 8 years for a single Class 2 offence, 15 years for a single Class 1 offence or two Class 2 offences, and life for three or more qualifying offences. Juveniles report for half the period, or 7.5 years instead of life. Time in custody generally does not count, so the period can run well past your sentence.

Does the judge decide whether I go on the register?

Usually not. If you are found guilty of a reportable offence in Schedule 1 or Schedule 2 of the Act, the reporting obligation attaches automatically. A court can separately make an offender reporting order in some cases. Because it is automatic, the real fight is often at the charge and plea stage, which is why early advice matters. Call 1800 951 176.

What exactly do I have to report to WA Police?

A broad set of personal details: your name and any aliases, date of birth, where you live, your vehicles, your employment, distinguishing marks and tattoos, any contact you have with children, internet and contact details, and your travel plans. You make an initial report, then report once a year, and you must update police promptly whenever any of these change.

What happens if I miss a report or get a detail wrong?

Failing without reasonable excuse to comply with your reporting obligations is a crime under section 63, carrying up to 5 years imprisonment (or on summary conviction a $12,000 fine and 2 years imprisonment). Knowingly giving false or misleading information is a separate crime under section 64 with the same maximum penalties. If you have missed a report, do not wait. Call 1800 951 176 today.

Do I have to tell police before I travel?

Yes. Under section 30 you must report intended travel out of Western Australia at least 7 days before you leave, listing every state, territory or country you plan to visit. Under section 32 you must report your return within 7 days of re-entering WA. This applies even to short trips, and failing to do it can be charged as a failure to comply.

If I move to or from another state, do my obligations stop?

No. WA Police manage the register through ANCOR and the national system shared by all Australian police. A registration in another state is recognised in WA as a corresponding registration, and your WA obligations are recognised elsewhere. Moving does not reset or cancel your reporting period; you must update police about the move.

What is a prohibition order, and can one be made against me?

Under Part 5 of the Act, the Commissioner of Police can apply for a prohibition order (section 87) and the court can make one (section 90). It can stop you doing certain things, such as being near schools or having contact with children, to protect children. Breaching it is a separate criminal offence. If police have applied for one, get advice immediately on 1800 951 176.

Can I ever be taken off the register or have my reporting period reduced?

Reporting periods are fixed by the class and number of offences under section 46, so for most people there is no general 'early removal' once an obligation attaches. Limited mechanisms and suspensions exist in specific circumstances, and the way charges are resolved at the outset has the biggest effect on the outcome. A WA criminal lawyer can tell you what, if anything, is available in your situation. Call 1800 951 176.

I am worried about someone with access to my child. Can I find out if they are an offender?

WA's Community Protection Website includes a Tier 3 disclosure scheme that lets a parent or guardian apply to ask police about a specific person who has regular unsupervised contact with their child. There is also a Tier 2 local search for dangerous and high-risk offenders in your area. You apply through the Western Australian Government's Community Protection Website. For help understanding your options, call 1800 951 176.