Western Australia’s government has passed a bill that will imprison offenders who remove electronic monitoring bracelets for a minimum of six months, tripling the existing penalty for the offence.
The Sentence Administration Amendment (Monitoring Equipment) Bill 2023, passed through Parliament on March 19, mandates a maximum penalty of up to 36 months imprisonment or a $36,000 (US$23,500) fine.
Ankle bracelets have become a widely used tool for correctional service and police to monitor offenders on bail, parole, or as an alternative to incarceration, allowing authorities to track their movements and ensure compliance with court orders.
However, recent incidents in Western Australia have raised concerns about the reliability of these devices, with reports of ankle bracelets being cut off or malfunctioning, leading to individuals going unmonitored.
In the first eight months of 2023, 56 breaches of bracelet removal were recorded. In March that year, a convicted child sex offender Tyrone Corbett went on the run from police for a week in Perth after cutting off his bracelet.
After another alleged offender cut his bracelet off within days of Mr. Corbett, WA Police Minister Paul Papalia was pressured by lobbyists to bring in harsher penalties. In response, a bill was drafted in September 2023, providing courts broader powers to order more sentences that can be monitored electronically.
Mr. Papalia emphasised the necessity of significant criminal penalties for actions undermining the operation of monitoring equipment.
“Last year, 592 offenders were GPS monitored, and already less than five months into this financial year, 433 offenders have been tracked, including 105 (family violence) FDV offenders,” he said.
“It is critical that damage, removal, or other interference—attract significant criminal penalties,” he said.
The WA government announced that investments in improved monitoring devices are tools to protect victims and the community.
New Act Part of Greater Investment in Law and Order
The new laws reflect a broader commitment by the WA government to strengthen law and order in the state. Domestic Violence Minister Sabine Winton highlighted over $300 million invested to fight family violence.“These reforms reaffirm the Cook Government’s strong stance against family violence ... 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.”
Attorney General John Quigley stated that tougher penalties for tampering with monitoring devices are the start of reforms targeting family violence offenders.
“It 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,” he said.
The State’s Premier Roger Cook said his government was “absolutely committed to addressing the scourge of family and domestic violence in WA,” and these tough new penalties build on the many actions the government has taken to address this issue.
“In September last year, we established a Family and Domestic Violence Taskforce to guide our future response to family and domestic violence,” Mr. Cook said.
“This government is dedicated to putting the safety of the community first, protecting victims of crime and ensuring perpetrators are held to account.”
