- Sentence Administration Amendment (Monitoring Equipment) Bill 2023 introduced into Parliament
- Offenders who remove monitoring devices will be sent to jail for a minimum of six months and up to three years
- Existing penalty for removing monitoring equipment will be tripled
Perpetrators who remove their GPS monitoring devices will be sent to prison for a minimum of six months under tough new laws introduced into State Parliament.
Furthermore, the maximum penalty for removing monitoring equipment will be increased from $12,000 or 12 months imprisonment, to $36,000 and 3 years imprisonment, to reflect the seriousness of the offence.
The introduction of the Bill follows the Cook Government’s announcement that it would introduce legislation to mandate the use of GPS monitoring in certain family violence cases, and increase the relevant penalties for FDV and other offenders not covered by the High Risk Serious Offenders Act.
The Bill introduced today gives effect to the penalties component of that announcement, and the remainder of the reforms will be introduced early next year.
The Cook Government has a longstanding commitment to the use of electronic monitoring as a tool to protect victims, and improve community safety, which has been demonstrated through:
- investing in improved monitoring devices that use GPS to provide real-time monitoring and locational tracking, enabling conditions to be imposed that restrict the wearer to particular areas;
- enhancing the powers of courts to order electronic monitoring as part of bail and sentencing conditions;
- introducing serial family violence offender declarations, with a requirement that courts and the Prisoners Review Board must consider imposing monitoring whenever these offenders are subject to community supervision; and
- increasing the penalty for interfering with the operation of an electronic monitoring device imposed under the high-risk serious offenders legislation.
As stated by Premier Roger Cook:
“The Government has wasted no time in preparing this legislation, giving effect to our commitment to increase the relevant penalties for FDV, and other offenders not covered by existing laws.
“These reforms demonstrate my Government’s commitment to protecting the community, and build on our strong track record of delivering legislative and other reform in this area.
“The laws we introduced today will provide greater comfort and protection to the community, and victims of crime, and send a clear and strong message that removing a GPS monitoring device, or rendering a GPSmonitoring device inoperable, is unacceptable.”
As stated by Attorney General John Quigley:
“In 2020, the Government passed legislation to enhance the powers of courts to order electronic monitoring, as part of the most comprehensive family violence law reform package ever seen in WA.
“Since then, the number of people subject to electronic monitoring has increased significantly, going up by between 19-23 per cent every year.
“The next stage of our reform, to be progressed next year, will further increase the number of offenders who are monitored.
“Mandatory monitoring will apply to all serial family violence offenders, and anyone who commits a family violence offence while subject to a family violence restraining order, when they are on bail or a community supervision order.
“It will also apply to all offenders paroled in relation to a family violence offence, where there is a family violence restraining order in place.”
As stated by Corrective Services Minister Paul Papalia:
“Last year, 592 offenders were GPS monitored, and already less than five months into this financial year, 433 offenders have been tracked, including 105 FDV offenders.
“The State Government’s new reforms, to be introduced early next year, will ensure that even more offenders are subject to GPS monitoring, and reaffirm this Government’s strong stance against family violence.
“It is critical that actions which undermine the operation of monitoring equipment – whether through damage, removal or other interference – attract significant criminal penalties.”
As stated by Prevention of Family and Domestic Violence Minister Sabine Winton:
“These reforms reaffirm the Cook Government’s strong stance against family violence.
“Family and domestic violence is an issue that our Government continues to take extremely seriously, and that is why we have committed a record investment of more than $300 million since 2017, as well as significant law reform and services.”
