Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Community Protection Offender Register (WA)
In Western Australia, when a person is convicted and sentenced for certain sexual offences involving children, the person is automatically placed on the Community Protection Offender Register and required to report to police regularly. The register was created under the Community Protection (Offender Reporting) Act 2004.
Who goes on the register?
A “reportable offender” is someone who has been sentenced for a “reportable offence”. A reportable offence can be a Class 1, 2 and 3 offence or one which results in the making of an offender reporting order.
Class 1 offences include:
- murder of a child;
- sexual intercourse with a child.
Class 2 offences include:
- manslaughter of a child;
- indecent acts;
- child pornography;
- child kidnapping;
- child exploitation;
- child prostitution.
A Class 3 offence is an offence that is not a Class 1 offence or a Class 2 offence.
A “corresponding reportable offender” is a person from a foreign jurisdiction who has been, and would be, required to report in that jurisdiction. They fall within the class of people required to report in Western Australia under the Act.
If a court sentences a person to an offence that is not a Class1 or Class 2 offence but it is satisfied the person poses a risk to the lives or the sexual safety of a person, the court can make an order that the person must be included in the register. The court can do this of its own accord or on application by police. The court can consider factors including:
- evidence given during the proceedings for the offence;
- any document or record served on the offender by police;
- any evidence given by the victim in relation to the order;
- any pre-sentence report;
- any mediation report.
What details go on the register?
Under the Act, the register must contain for each offender:
- their name (including any past names), address and date of birth;
- details of each Class1, 2 or 3 offence of which they have been found guilty or with which they have been charged;
- details of each offence that led to the making of an offender reporting order in the past;
- details of any protection order or supervision order made under the High Risk Serious Offenders Act 2020;
- the date of sentencing for any reportable offence;
- the date they were released from custody for a reportable offence;
- any relevant information related to reporting obligations;
- any other information deemed relevant.
A reportable offender is required to report within 7 days of being sentenced for a reportable offence or within 7 days of being released from prison, whichever is the later.
At the first report, the reportable offender must provide details including:
- specifics of any passport held;
- their regular phone number and email address;
- the name of any internet service provider they regularly use;
- any username, code or password they use online;
- the names and ages of any children who live in their household and with whom they have regular unsupervised contact;
- any employment;
- any affiliation with a club or organisation that involves children;
- any vehicle owned or generally driven;
- any tattoos or distinguishing marks;
- any regular travel out of Western Australia.
A reportable offender must report their personal information annually. Any change in personal information must be reported to police within 7 days unless the change is related to living with a child or having unsupervised contact with a child, in which case the reporting must be done within 24 hours.
A reportable offender must also notify police and provide details if they intend to leave their usual residence for 7 or more consecutive days but remain within Western Australia, or if they intend to travel interstate or overseas.
How long does a person stay on the register?
A person is required to be on the register from when they are sentenced or from when they are released from prison if they are imprisoned for the offence. The period the person must remain on the register depends on the offence. For instance, for a single Class 2 offence, a reportable offender must remain on the register and comply with reporting requirements for 8 years. For a single Class 1 offence or 2 Class 3 offences, the period is 15 years. For a Class 1 offence followed by a Class 1, 2 or 3 offence, the person is a reportable offender for life.
Non-compliance with register reporting
Unless a reportable offender has a reasonable excuse, they must comply with reporting obligations. In assessing whether a person has a reasonable excuse, the court must consider:
- the person’s age;
- whether the person has a disability that affects their ability to understand, or to comply with, those obligations;
- whether the person was adequately informed of their obligations, having regard to the person’s circumstances;
- any matter prescribed by regulations;
- any other matters the court regards as appropriate.
The maximum penalty for non-compliance is 5 years. If the matter is heard in a local court, the penalty is a fine of $12,000 and imprisonment for 2 years.
Information held in the Community Protection Offender Register must not be disclosed except:
- in the course of a person’s duty;
- as required or authorised under the Act;
- in relation to an offence under the Act;
- to apply for, or to vary or revoke, a protection order;
- with consent of police or the person to whom the information relates;
- when it is permitted under regulations.
Police are permitted to publish personal details, including a photo, if the reportable offender has failed to comply with reporting obligations, or provided false or misleading information, and the offender’s whereabouts are unknown.
Community Protection website
The confidentiality provisions mean the public does not have ready access to register information.
However, the state’s Community Protection website allows access to information on Western Australia’s most dangerous and high-risk sex offenders.
It provides 3 tiers of information access:
- Missing offenders: this tier provides details and photos of sex offenders who have failed to report as required, provided false or misleading information to police, or whose location is not known to police.
- Local search: this tier provides photos of high-risk offenders in a particular suburb or surrounding suburbs.
- Disclosure scheme: this tier allows a parent or guardian of a child to inquire about a particular person who has regular contact with their child.
Ties 2 and 3 require an application, which can be made online.
For advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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