Western Australia Legislation 2017: Some Highlights

In 2017, with a newly elected Government in charge, the Western Australian Parliament passed 21 Acts and introduced a total of 55 new Bills. Much of the enacted legislation related to practical matters such as State funding, through the enactment of several loan, supply and appropriation Acts. There were, however, some more notable measures in areas such as child support, domestic violence, crime and drug offences.

Child Support

The Child Support (Adoption of Laws) Amendment Act 2017 (WA) (No 4 of 2017) (the "Child Support Act") was enacted on 1 September 2017. This Act is the legislative means of adopting the Commonwealth law on the matter of child support as part of the law of Western Australia. It therefore ensures that Western Australia keeps up with, and maintains uniformity with, Commonwealth laws on this matter. This process is different to the process in other jurisdictions, which have "referred" their powers to legislate on this matter to the Commonwealth.

The effect of the enactment of the Child Support Act, is the adoption in Western Australia of changes to the Commonwealth Child Support Scheme, implemented in the Commonwealth by the:

• Norfolk Island Legislation Amendment Act 2015 (Cth)
• Territories Legislation Amendment Act 2016 (Cth)
• Statute Law Revision Act (No. 1) 2016 (Cth)
• Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth)
• Australian Immunisation Register Act 2015 (Cth)

The process of adopting the legislation of the Commonwealth sees Western Australian legislation on par with Commonwealth legislation as of 1 July 2016.

Domestic Violence

In December 2015, the Council of Australian Governments (COAG) agreed to the establishment of a national, cross-recognition scheme for restraining orders related to family violence. This scheme is known as the National Domestic Violence Order Scheme (NDVOS) and is implemented in Western Australia through the Domestic Violence Orders (National Recognition) Act 2017 (WA).

The Domestic Violence Orders (National Recognition) Act 2017 (WA) (No 10 of 2017) was enacted on 8 November 2017. The purpose of this Act is to give effect to the Western Australian component of a NDVOS. In doing this, the Act defines the scope of the NDVOS and sets out the legal meaning and consequences of cross-jurisdictional recognition. Additionally, the Act removes barriers to the operation of the scheme in areas such as information sharing. The Act also makes consequential amendments to the Restraining Orders Act 1997 (WA).

Crime and Drug Offences

The Dangerous Sexual Offenders Legislation Amendment Act 2017 (WA) (No 21 of 2017) was enacted on 13 December 2017 to amend the Bail Act 1982 (WA) (the "Bail Act") and the Dangerous Sexual Offenders Act 2006 (WA) (the "DSO Act"). 

The Bail Act is amended by this Act to strengthen the overall Dangerous Sexual Offender (DSO) regime. It does this by introducing a presumption against bail for dangerous sexual offenders who are charged with breaching a DSO supervision order.

The DSO Act is amended to require a court to be satisfied, on a balance of probabilities, that the offender will comply with all "standard conditions" placed on them before making a community supervision order. The dangerous sexual offender will bear the onus of proving this. For this purpose, "standard conditions" are defined as those conditions which are required to be imposed on a supervision order under section 18(1) of the DSO Act.

A new section 27A is included in the amendments, which relates to interim supervision orders. This amendment is in part required as a result of issues raised in the case State of Western Australia v Narkle [No 5] [2017] WASC 46. This case dealt with circumstances where a further application against a person under a DSO supervision order is not yet disposed of and the current supervision order is due to expire. There is also clarification of the definition of "commit a serious sexual offence" in the DSO Act.

The Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017 (WA) (No 3 of 2017) was enacted on 21 August 2017. The purpose of this Act was to amend the Misuse of Drugs Act 1981 (WA) and the District Court of Western Australia Act 1969 (WA) to provide that a drug dealer who is caught with 28 or more grams of methamphetamine is subject to a maximum penalty of life imprisonment for such an offence. This is an  increase on the current maximum penalty of 25 years imprisonment.

The increased penalty operates alongside the existing drug trafficker declaration scheme, so that a trafficking offences involving 28 or more grams of methamphetamine, will still be subject to the confiscation provisions of the Criminal Property Confiscation Act 2000 (WA). Further, in offences involving 28 or more grams of methamphetamine, the penalty for "conspiring with another" to commit a methamphetamine trafficking offence, will also increase from a fine not exceeding $75,000, and/or imprisonment for a term not exceeding 20 years, to a maximum penalty of life imprisonment.

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Child Support (Adoption of Laws) Amendment Act 2017 (WA) (No 4 of 2017)

Domestic Violence Orders (National Recognition) Act 2017 (WA) (No 10 of 2017)

Dangerous Sexual Offenders Legislation Amendment Act 2017 (WA) (No 21 of 2017)

Misuse of Drugs Amendment (Methylamphetamine Offences) Act 2017 (WA) (No 3 of 2017), associated speech and EM materials, available from TimeBase's LawOne Service.