Victim Engagement Unit: Commissioner for Victims of Crime

The protective conditions process enables victims to express their concerns about future contact with the offender and relay these to the relevant authorities. These concerns are considered when making decisions about supervised released or community-based orders, including:

• Supervised release orders, including Parole Orders and Supervised Release Orders (for juveniles).
• Community-based sentences, including Conditional Suspended Imprisonment Orders (CSIO), Intensive Supervision Orders (ISO), and Community Based Orders (CBO).
• Mental Impairment Tribunal Orders for persons with mental impairment.
• High Risk Serious Offender orders.
• Other types of orders, including Pre-Sentence Orders, Post-Sentence Supervision Orders. 

Unless a victim requests otherwise, in most cases a standard no contact condition is recommended by the VEU. This prohibits the offender from contacting the victim in any way, including:

• Phone calls or text messages
• Face-to-face contact
• Mail or email
• Social media or instant messaging services
• Contact through third parties.

Alternative Protective Conditions

Sometimes, the inclusion of other protective conditions may be appropriate. These could include:

• Exclusion zones, such as prohibiting the offender from certain areas (e.g., a suburb, workplace, local shopping centre, etc.).
• Restricting contact to specific forms (e.g., telephone calls or text messages for the purposes of childcare).
• Including additional family members or others within the protective condition, where relevant (e.g., prohibiting contact with the victim and their immediate family).

When determining if additional protective conditions should be imposed, the VEU must consider whether these conditions will provide the offender with information they are not already aware of.

For example, excluding an offender from a certain area will indicate this is an area the victim frequents. Because of this, sometimes it is more appropriate to omit an alternative condition in favour of a standard condition. 

Protective conditions are imposed by the relevant authority overseeing the offender’s supervised order. Depending on the circumstances, these authorities may include:

• Releasing authorities, like the Prisoners Review Board or the Supervised Release Review Board, who impose protective conditions as part of an offender’s supervised release from prison or detention.
• The Mental Impairment Review Tribunal who administer the orders which Supervised Persons (adults and youth) are subject to.
• Community Corrections Officers or Youth Justice Officers, who supervise and direct offenders serving community-based orders.
• The courts.  

A victim may request that no protective conditions be imposed if they feel it is unnecessary.

Conversely, if circumstances change, victims can request a review of the imposed conditions at a later date to adjust or remove them. 

If an offender breaches protective conditions, it is crucial that the victim reports the breach to the Victim Engagement Unit. This should include any available evidence of the breach (eg phone records, screenshots of messages, or witness statements).

Upon receiving a breach notification, the VEU may inform the relevant releasing and supervising authorities.

If the breach occurs outside of business hours, or a victim feels they are in danger, breaches can be reported to the WA Police Force on 000 or 131 444. 

1. What is the purpose of protective conditions?

The process aims to protect victims from unwanted contact with the offender after they are released from prison or while they are subject to a community-based sentence. It gives victims the chance to voice their concerns about future interactions with the offender and ensures these concerns are considered.

2. Do I need to meet with the offender?

No. The protective conditions process is conducted separately for victims and offenders. You will not need to meet with or communicate directly with the offender.

3. What if I don’t want any protective conditions?

You can request that no protective conditions be imposed on an offender’s order.
If your circumstances change later, you may request that conditions be added or adjusted.

4. How do I know if protective conditions have been breached?

If the offender attempts to contact you in a prohibited manner – such as calling, texting, or contacting you through social media – you should report it to the VEU. The Unit will guide you on the next steps and may refer the matter to the relevant authorities.

5. What types of protective conditions can be imposed?

The most common protective condition is one that prohibits all contact. However, additional restrictions can be imposed if necessary.

6. How long do protective conditions last?

Protective conditions remain in place for the duration of the offender’s supervised order. If the offender completes their sentence or supervised order, the conditions will no longer be in effect. If a victim still holds concerns for their safety, they are encouraged to seek a restraining order.

7. Can I ask for family members to be included on protective conditions?

Yes. If you have concerns about family members being targeted by the offender, you can request they also be included in the protective conditions. 

For general inquiries, contact the Victim Engagement Unit directly on 1800 214 655 or veu@justice.wa.gov.au
If your case has been allocated to an officer, they will attempt to contact you directly.

Note: The Restorative Justice Unit now facilitates reparative mediation. Our publications are being progressively rebranded to reflect this change, but the information remains correct.

Additional Resources

Publications

Victim-offender Mediation Unit - Protective Conditions Process (PDF, 105KB)

Translated Publications

Arabic

Victim-offender Mediation Unit - Protective Conditions Process (PDF, 105KB

Italian

Victim-offender Mediation Unit - Protective Conditions Process (PDF, 105KB)

Mandarin

Victim-offender Mediation Unit - Protective Conditions Process (PDF, 105KB)

Swahili

Victim-offender Mediation Unit - Protective Conditions Process (PDF, 105KB)