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Western Australia’s Serial Domestic Violence Offender Declarations

​In Western Australia, recent changes have enhanced the legal measures that address family violence.

The Sentencing Act 1995 (WA) is a significant initiative in the field, introducing Serial Family Violence Offender Declarations. These declarations aim to identify and monitor repeat offenders, enhancing the protection of victims and the community.​

In this article, we explain the changes introduced under the Family Violence Legislation Reform Bill 2024.

If you would prefer to speak with one of our a member of our team, you can contact Chambers Legal at [email protected] or on (08) 9500 8915. Alternatively, you can book a free 15 minute phone consultation.

Criteria for Declaration

A court may declare an individual a serial family violence offender if, upon conviction of a family violence offence, the offender has:​

  • At least two prior convictions for indictable offences committed on separate occasions; or​

  • At least three prior convictions for prescribed offences, each committed on different days.​

The offences must have occurred within a 10-year period, although older offences are considered in exceptional circumstances. Importantly, the victim does not need to be the same person in each instance and offences committed outside Western Australia can also be included. ​

Consequences of the Declaration

Designating an offender a serial family violence offender gives the court capacity to impose greater restrictions than usual. This aims to protect the safety of victims and the wider community. Amongst the implications are:​

  • Restricted Bail Eligibility: Future family violence charges require the offender to demonstrate exceptional circumstances to be granted bail.

  • License Disqualifications: Automatic cancellation of licenses related to explosives and firearms, with prohibitions on obtaining such licenses in the future.

  • Post-Sentence Supervision Orders (PSSO): Increased likelihood of being subject to a PSSO, allowing authorities to monitor the offender even after completing their sentence.

A Serial Family Violence Offender declaration remains in effect indefinitely, with the offender able to apply for cancellation after 10 years. The court will assess whether the declaration is still necessary, considering factors similar to those at the time of its imposition.

Recent Legislative Enhancements

As of 18 December 2024, significant changes to Western Australia’s family violence laws have taken effect through the Family Violence Legislation Reform Bill 2024. The bill strengthens protections for victim-survivors and expands the options available to courts and authorities to monitor repeat offenders.

Under the new laws, electronic monitoring is now mandatory for certain perpetrators, including those:

  • Declared serial family violence offenders who are accused or convicted of a further offence;

  • Subject to a Family Violence Restraining Order (FVRO) and subsequently accused or convicted of another family violence offence;

  • Released on bail, parole, early release or post-sentence supervision for a family violence offence and are subject to an FVRO.

These offenders must wear a GPS tracking device while under supervision in the community — including while on bail, serving a sentence, or under post-sentence orders. Only in exceptional circumstances can electronic monitoring be avoided, in which case the court will determine an alternative form of supervision or refuse the individual’s release into the community.

Enforcement and Breach Penalties

In line with the changes, it is now an offence to:

  • Fail to wear or interfere with an approved tracking device

  • Fail to permit installation of a device at a designated address

  • Enter an exclusion zone without a reasonable excuse

  • Fail to keep the device charged and operational

Penalties for breach include up to three years’ imprisonment and/or a $36,000 fine.

Conclusion

Recent changes Western Australia’s Serial Family Violence Offender Declaration serves as a robust tool to deter repeat family violence offenders and enhance community safety.

Individuals facing such declarations should seek immediate legal advice to navigate these complex legal provisions effectively.

At Chambers Legal, we recognise the difficulty of facing a criminal charge and pride ourselves on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.

If you require legal advice for a criminal charge, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].

Alternatively, we also offer free 15 minute phone consultations.

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