Dangerous sex offender changes introduced

• Sex offenders to be kept in jail longer before being considered for release
• Victims to have a greater say over release conditions

The most significant changes ever made to the Dangerous Sexual Offenders Act 2006 will be introduced to State Parliament today to further strengthen the ability of authorities to manage offenders and better protect the community.

Attorney General Michael Mischin said the changes were based on a 2014 review of the Act following community concern about the conditional release of the sex offender known as TJD.

"The review demonstrated that the Act is working in the way it was intended to when it was passed almost a decade ago, which is to provide protection to the community from the risk of serious sexual offences being committed by known dangerous sexual offenders (DSOs) otherwise entitled to be released from prison after serving their sentences," Mr Mischin said.

"DSOs are those who, if not kept in custody or who are released without being under supervision, present an unacceptable risk of committing a serious sexual offence.  Of those the courts have released under these laws, none have so far committed a further serious sexual offence.

"However, agencies involved in the supervision of DSOs have suggested a number of improvements to improve the legislation."

The proposed amendments include provisions for:

• doubling the length of time for which a DSO can be detained, between periodic reviews of their detention in prison, from one year to two
• allowing for offences committed in other jurisdictions by a dangerous sexual offender to be considered by the court when deciding applications
• introducing a minimum 21-day delay on the release of the offender so that strict supervision arrangements can be put in place, facilitating any community notification
• allowing for the court to restrict media or public comment by dangerous sex offenders about victims of their serious sexual offending
• allowing victims to make a written submission to the court about conditions for their protection being included in any supervision order that may be made.

The Attorney General said the amendments had been carefully drafted to adhere to constitutional law which limits the extent to which State Governments can detain or supervise offenders once they have served the sentence imposed on them by a court.

"The State Government cannot legally detain these individuals indefinitely.  To do so would be constitutionally invalid and as a result, offenders would be released into the community with no supervision and under no controls by WA Police or the Department of Corrective Services," Mr Mischin said.

Fact File

• The DSO Act applies to offenders who have completed their sentence and enables judges to make a decision for continuing detention or strict community supervision for offenders who pose an unacceptable risk of reoffending
• To date, there have been no serious sexual offences committed by a DSO subject to a supervision order

Attorney General's office - 6552 5600