Crimes Legislation Amendment Bill 2025 (No 2)
2 Apr 2026:
Passed by Parliament and signed off by the governor.
This bill kicks in: TBA
Effects of this bill
If this bill passes, it means that:
The list of class 1 and other registrable offences for child sex offenders is updated; this includes crimes like servitude and child exploitation.
References to class 1 or 2 offences for child sex offender registration now include previous versions of those crimes, even if the law was amended or remade, as long as the crime is basically the same.
Privacy protections for people being photographed for the sex offender register are limited to what is practicable.
Pre-sentence reports are generally inadmissible in court; if a magistrate sees an inadmissible report, they must be replaced unless all parties agree.
It is a criminal offence to publish sensitive information about a defendant, including their intent to plead guilty or information given for a pre-sentence report, while a pre-sentence report is pending and before a guilty verdict or plea.
Approved mental health or community care facilities can return a person who breaks a conditional release order (including a condition requiring them to live there); the facility must notify the ACAT and chief psychiatrist in writing.
The director-general must report yearly to referring agencies within 20 working days after the end of the financial year on the number of restorative justice conferences, referred offences, and eligible participants.
Review dates for unexplained wealth provisions are extended to 2027, 2028, and 2029.
The Magistrates Court can now order a pre-sentence report if a person indicates they intend to plead guilty.
Pre-sentence reports ordered after a person indicates a guilty plea are generally not allowed in court. If a report is not allowed, the magistrate who received it cannot be the one to decide the case unless all parties agree.
Police and prosecutors cannot use sensitive information about a person's intent to plead guilty or their pre-sentence report to investigate or prosecute a crime.