Offender applications under the Community Protection (Offender Reporting) Act 2004
Information Note
To make the Information Note accessible we have not used paragraph numbering. If you need this, please see the PDF version.
This Information Note applies to an application made under:
- s 14C of the Community Protection (Offender Reporting) Act (the Act) to revoke a juvenile offender reporting order;
- s 14E of the Act for a juvenile offender exemption order.
1. The Application
An application under s14C or s 14E of the Act may be made either by the offender, a responsible adult if the offender is under 18 years of age, a child protection worker or a lawyer on behalf of the offender.
An application is to be lodged at the Perth Children's Court registry using the appropriate form - Application to revoke a juvenile offender reporting order or Application for a juvenile offender exemption order (Children's Court Forms).
Applications will be accepted for lodgment from 31 December 2025 in person at the Perth Children's Court registry or electronically by email to ChildrensCourt@justice.wa.gov.au. All documents for lodgment by email must be in PDF format.
An application must be lodged together with an affidavit in support addressing why the offender does not pose a risk to the lives or sexual safety of one or more persons, or persons generally. The affidavit must attach:
- Current criminal history (record of convictions);
- Transcript of the proceedings when the order was made;
- Any other reports or documents the applicant seeks to rely upon.
A criminal affidavit template can be downloaded from the Children’s Court website (Children's Court Forms).
Where the offender was made a reportable offender in a regional court or lives in a regional location, the application must still be lodged at the Perth Children's Court.
If a regional applicant is not able to lodge an application, they can attend in person at a regional Children's Court registry who will assist in lodging the application with the Perth Children's Court. Registry staff cannot assist in completing applications or affidavits. Applicants should consider getting legal advice before making an application.
Once an application is filed it will be given a hearing date, not less than 21 days after it was lodged, in the Juvenile Offender Revocation and Exemption List before a Judge.
A copy of the application and supporting affidavit must be served on the Commissioner of Police by email sor@police.wa.gov.au immediately after filing. A certificate of service (Children's Court Forms) must be lodged with the court no less than 14 days before the hearing date.
2. The Juvenile Offender Revocation and Exemption List
At least seven (7) days before the hearing date in the Juvenile Offender Revocation and Exemption List, the Commissioner must advise the applicant in writing whether the Commissioner consents to the order being made.
If the applicant and the Commissioner consent to the order being made, a signed consent notice should be lodged with the court at least three (3) days before the hearing date. If a consent order is filed, neither the offender nor the Commissioner is required to attend at the hearing and an order may be made in their absence at the hearing.
If the court declines to make a consent order at the hearing the matter will be adjourned to the next available Revocation and Exemption List and the applicant and Commissioner will be notified of the further hearing date.
If the Commissioner does not consent to the order being made, the applicant and Commissioner (or their legal representatives) must attend the hearing either in person or by video link. Video link applications must comply with the court requirements (Electronic Attendance).
The application may be adjourned to a further Juvenile Offender Revocation and Exemption List for the applicant and the Commissioner to confer or the application will be programmed for a hearing before a Judge.
These procedures will be subject to ongoing review and amendment by practice direction in due course. The practice direction will deal with all potential applications under the Act. In the interim, other applications under the Act will follow similar procedures, adapted as necessary, and be heard in the same list.
Judge Hylton Quail
President
Children's Court of Western Australia
5 December 2024
Last updated: 8 December 2025