Offenders will be tracked across the justice system, including under bail, sentence, parole and post-sentence supervision.
The new laws took effect on 18 December 2024 and will significantly increase the number of perpetrators being monitored.
The legislation makes it mandatory for the courts and the Prisoners Review Board (PRB) to impose electronic monitoring on repeat and high-risk family violence perpetrators who are on bail or supervised in the community.
Only in exceptional circumstances can courts or the PRB not require monitoring.
If electronic monitoring is not imposed due to exceptional circumstances, the court will determine the appropriate order to be made, which may include imposing alternative supervision and monitoring conditions, or not releasing the person into the community at all.
The family violence perpetrators to be tracked include those subject to:
- a family violence restraining order (FVRO) and subsequently accused or convicted of a further family violence offence.
- a serial family violence offender declaration who are accused or convicted of a family violence offence.
- an FVRO and released from prison under an early release order or a post-sentence supervision order for a family violence offence.
"Protecting victims of family and domestic violence is paramount," Acting Director General Brad Royce said. "Our team is working hard to ensure these laws are enforced by tracking offenders around the clock.
"We are cooperating closely with WA Police so any breaches of electronic monitoring are swiftly detected and offenders apprehended so victims are kept safe," Mr Royce said.
The biggest cohort to be newly subjected to monitoring is expected to be accused individuals granted bail by a court.
A Department team based at the Central Law Courts will rapidly identify, screen, and assess relevant information about individuals eligible for electronic monitoring.
The Office of the Commissioner for Victims of Crime will work with victim-survivors to advise the court of relevant exclusion zones and help them engage with the appropriate community supports.
The Department and WA Police will share information to flag and respond to individuals eligible for and subject to an electronic monitoring condition.
Adult Community Corrections officers co-located in WA Police鈥檚 State Operations Command Centre, are responsible for the initial response and management of monitoring alerts. Police respond when there are breaches or imminent threats of violence.
The laws allow Police to arrest without a warrant and lay charges against offenders who breach their electronic monitoring requirements.
It is now an offence for a person subject to electronic monitoring to:
- fail to wear an approved tracking device.
- fail to permit the installation of an approved tracking device at the place where the offender resides or at any other specified place.
- fail to charge the approved tracking device to ensure the device is always operational.
- enter an exclusion zone without reasonable excuse.
Breaches are punishable by imprisonment for up to three years and a fine of up to $36,000.
