The Act permits the Supreme Court of Western Australia to impose continuing detention orders or supervision orders (restriction orders) on high-risk serious offenders after their custodial sentence has been completed.
A continuing detention order remains in effect until rescinded and is reviewed annually. A supervision order remains in effect for the period stated in the order. An application for a further restriction order can be made prior to the end of the term stated in the supervision order.
The HRSO Act repealed and replaced the former Dangerous Sexual Offenders Act 2006.
What is a high-risk serious offender?
The HRSO Act introduced the term “high-risk serious offender”. These offenders are deemed to present an unacceptable risk of re-offending in a like manner, if not subject to a continuing detention order or a supervision order.
Any offender who is convicted of a Schedule 1 offense may be subject to an application to the Supreme Court to be found a high-risk serious offender and, therefore, subject to a restriction order.
How are HRSO Decisions Made?
Show moreOffenders convicted of a Schedule 1 offence are assessed by the High Risk Serious Offenders Review Committee to determine their risk profile. Those offenders with an unacceptable risk profile are subject to further assessment by the State Solicitor’s Office (SSO).
If the SSO is satisfied that an offender’s risk cannot be appropriately managed in the community without restriction, they will make an application to the Supreme Court for a restriction order.
If the Supreme Court finds that an offender is a high-risk serious offender, the court must:
- Make a continuing detention order in relation to the offender; or
- Make a supervision order in relation to the offender.
Victim Participation
Show moreUnder Part 4 Division 8 of the HRSO Act, a victim can provide a written submission to the Supreme Court in relation to the need to ensure their adequate protection.
Subject to certain conditions, the HRSO Act stipulates that the Supreme Court must have regard to any victim submission made in relation to certain applications.
Making a submission
Victims can voluntarily make a submission to the Supreme Court. If a victim chooses not to provide a submission, the Supreme Court will still consider victim safety through other reports.
The Victim Liaison Team can assist with drafting and submitting victim submissions to the court. You can contact the team on 1800 214 655 or victimsHRSO@justice.wa.gov.au
Submissions must be typed or handwritten only.
Victim Notification
Show moreVictims can receive notification of decisions from the Victim Notification Register (VNR) if they choose to register with this service.
Information from the VNR is not automatically received by victims. Some victims do not want to receive updates about a supervised person. Therefore, if a victim does want to receive updates, they can elect to register with the VNR.
