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WA Crime, Police & Justice Legislation
Western Australia has hundreds of Acts of Parliament but this page concentrates on legislation connected with crime, police powers, drugs, courts, prisons, young offenders, street behaviour and the criminal justice system.
These are among the main themes covered by the Streetkid Industries database of Western Australian street life, policing, crime and drugs.
Some of these laws create criminal offences. Others explain how police may investigate an offence, how a person is arrested or granted bail, how evidence is presented in court, how offenders are sentenced and what happens after they enter prison.
Legislation is regularly amended, repealed or replaced. The official version of every Act should therefore be checked through the Western Australian Legislation website before relying on it.
Reading Western Australian Legislation
The year in the name of an Act is normally the year it was passed. It does not mean the law has remained unchanged since that year.
An Act may contain:
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provisions that commenced on different dates;
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sections that have been repealed;
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amendments that have not yet commenced;
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regulations containing much of the practical detail;
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transitional provisions preserving older rules for existing cases; and
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definitions that give ordinary words a special legal meaning.
The most useful document is generally the latest official consolidated version. The compilation table at the end records amendments and commencement dates.
This page provides general historical and public information. It is not legal advice.
Main Criminal Laws
Criminal Code Act Compilation Act 1913
Usually referred to as the Criminal Code, this is the main source of criminal offences in Western Australia.
It covers offences including murder, manslaughter, assault, sexual offences, stealing, robbery, burglary, fraud, property damage, threats, stalking and offences against public order.
The Code brought together the earlier Criminal Code Act 1902 and later amendments into one consolidated law. Although the title contains the year 1913, it has been amended many times since then.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a196.html&view=consolidated
Criminal Property Confiscation Act 2000
Allows the State to confiscate property believed to have been obtained through crime or used while committing an offence.
This can include money, houses, vehicles and other assets. Some proceedings can occur without a person first being convicted, particularly where property is alleged to be unexplained or connected with criminal activity.
The legislation replaced earlier confiscation laws and significantly expanded the State’s ability to pursue the profits of crime.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a2058.html&view=consolidated
Offenders (Legal Action) Act 2000
Restricts offenders from suing another person for injuries or losses suffered while they were committing an offence.
It was passed following concern about offenders attempting to claim compensation from property owners and other people affected by their criminal conduct.
The Act received Royal Assent and commenced on 17 November 2000. It remains current.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a2033.html&view=consolidated
Police Powers & Criminal Investigations
Police Act 1892
One of Western Australia’s oldest laws still in operation.
It deals with the appointment, management, discipline and duties of police officers. It also contains older police powers and summary offences involving public places, disorderly behaviour and other street-level conduct.
Many investigation powers once found in the Police Act have since been transferred to newer legislation, particularly the Criminal Investigation Act 2006. Despite numerous amendments, parts of the Police Act still use language and ideas inherited from nineteenth-century British and colonial legislation.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a615.html&view=consolidated
Criminal Investigation Act 2006
The principal modern law covering police investigations in Western Australia.
It regulates powers involving arrest, entry, search, seizure, questioning, crime scenes and the execution of search warrants. It also sets out when police can search a person, vehicle or property without a warrant.
The Act was introduced to gather numerous police investigation powers into a clearer and more consistent system.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a146588.html&view=consolidated
Criminal Investigation (Identifying People) Act 2002
Regulates the collection of identifying information from suspects, offenders and other people involved in investigations.
This may include fingerprints, photographs, DNA samples, dental impressions and other identifying material.
The law sets different rules depending on the person’s age, whether they consent and whether they are suspected or convicted of an offence.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a2113.html&view=consolidated
Criminal Investigation (Covert Powers) Act 2012
Provides special undercover powers for investigations into serious criminal activity.
It allows authorised officers to use assumed identities, conduct controlled operations and protect the real identities of undercover officers and informants.
Controlled operations can involve officers participating in conduct that would otherwise be unlawful, under strict authorisation and oversight arrangements.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a146928.html&view=consolidated
Surveillance Devices Act 1998
Regulates listening devices, optical surveillance devices and tracking devices.
It controls when private conversations and private activities may be recorded, monitored or filmed. It also restricts the publication or communication of information obtained through unlawful surveillance. Police and other agencies may use surveillance devices under warrants or other specific legal authority.
The Act commenced on 11 January 1999.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1919.html&view=consolidated
Telecommunications (Interception and Access) Western Australia Act 1996
Connects Western Australian law enforcement agencies with the Commonwealth system governing telephone interception and access to telecommunications information.
Interception of telephone calls and electronic communications is largely controlled by Commonwealth legislation, although this WA Act provides the State framework needed for authorised agencies to participate.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a813.html&view=consolidated
Witness Protection (Western Australia) Act 1996
Establishes the Western Australian Witness Protection Program.
It allows police to provide protection, relocation, changed identities and other assistance to witnesses or people endangered because they have helped a criminal investigation or prosecution.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a911.html&view=consolidated
Corruption, Crime and Misconduct Act 2003
Establishes the Corruption and Crime Commission and gives it powers to investigate serious misconduct and organised crime.
Its work can involve public officers, police misconduct, corruption investigations, hearings, surveillance and the use of special investigative powers.
The Act replaced the Anti-Corruption Commission Act 1988 and expanded the State’s anti-corruption system.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a6503.html&view=consolidated
Arrest, Bail & Court Procedure
Bail Act 1982
Sets the rules used when deciding whether a person charged with an offence should be released while waiting for court.
A person may be released on bail with conditions, refused bail or required to provide a surety. Courts consider matters including the seriousness of the charge, the risk of further offending, interference with witnesses and the likelihood that the person will attend court.
The Act has been amended repeatedly, including the addition of stricter rules for particular offences and repeat offenders.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a62.html&view=consolidated
Criminal Procedure Act 2004
Explains how criminal charges move through Western Australian courts.
It covers matters such as commencing a prosecution, disclosure of evidence, pleas, trials, committal procedures and the different ways indictable and simple offences are handled.
It formed part of a major reorganisation of WA’s court and criminal procedure legislation in the early 2000s.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a9284.html&view=consolidated
Criminal Appeals Act 2004
Controls appeals in criminal cases.
It sets out who may appeal against a conviction, acquittal, sentence or other court decision and the powers available to the Court of Appeal.
The Act replaced and consolidated appeal provisions previously spread across other court legislation.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a9267.html&view=consolidated
Evidence Act 2025
Provides the rules controlling what evidence may be placed before a court and how that evidence is presented.
It deals with witnesses, documents, admissions, hearsay, expert evidence, identification evidence and the exclusion of unreliable or unfairly obtained material.
The Act received Royal Assent on 25 September 2025 and replaces the much older Evidence Act 1906 as its provisions commence. It adopts much of the Australian uniform evidence law and contains additional protections for children and victims of family violence, child abuse and sexual offences.
Until the transition is complete, some proceedings or provisions may continue to be affected by the Evidence Act 1906.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147490.html&view=consolidated
Juries Act 1957
Controls the selection, summonsing and management of juries in Western Australia.
It sets out who is qualified to serve, who may be excused or disqualified and how jurors are selected for criminal and civil trials.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a411.html&view=consolidated
Director of Public Prosecutions Act 1991
Establishes the Office of the Director of Public Prosecutions.
The DPP conducts serious criminal prosecutions on behalf of the State and is intended to make prosecution decisions independently of political direction.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a223.html&view=consolidated
Official Prosecutions (Accused’s Costs) Act 1973
Allows a court to award legal costs to an accused person in certain cases where a prosecution has failed or should not reasonably have been brought.
An award is not automatic just because the person was acquitted.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a558.html&view=consolidated
Western Australian Courts
Magistrates Court Act 2004
Establishes the Magistrates Court of Western Australia.
The court deals with most criminal charges when they first enter the justice system and determines less serious offences. It also handles restraining orders, civil claims and various statutory applications.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a9257.html&view=consolidated
District Court of Western Australia Act 1969
Establishes the District Court.
The court hears serious criminal matters including major assaults, robberies, drug offences and many sexual offences. It can hear most indictable offences except those reserved for the Supreme Court.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a228.html&view=consolidated
Supreme Court Act 1935
Provides the legislative foundation for the Supreme Court of Western Australia.
The Supreme Court hears the State’s most serious criminal cases, including murder, and deals with appeals through the Court of Appeal.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a803.html&view=consolidated
Children’s Court of Western Australia Act 1988
Establishes the Children’s Court.
It deals with criminal charges against young people and with protection and care matters involving children.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a124.html&view=consolidated
Coroners Act 1996
Controls the investigation of certain deaths, including sudden, unexpected, violent or unnatural deaths and deaths occurring in custody.
The Coroner may hold an inquest, examine the circumstances surrounding a death and make recommendations intended to prevent similar deaths.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a185.html&view=consolidated
Sentencing, Fines & Corrections
Sentencing Act 1995
Sets out the sentences that Western Australian courts may impose.
These include imprisonment, suspended imprisonment, community-based orders, intensive supervision orders, fines and other sentencing options.
It also lists factors courts must consider, including the seriousness of the offence, the offender’s circumstances, previous convictions, harm caused to victims and the need to protect the community.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a742.html&view=consolidated
Sentence Administration Act 2003
Controls the administration of sentences after they have been imposed.
It deals with parole, release from custody, community corrections, supervision requirements and the cancellation or suspension of certain orders.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a6504.html&view=consolidated
Fines, Penalties and Infringement Notices Enforcement Act 1994
Establishes the system used to enforce unpaid court fines and infringement notices.
Enforcement can include licence suspension, vehicle immobilisation, property seizure, work and development arrangements and other enforcement action.
The legislation has been substantially amended following long-running criticism of imprisoning people because they could not pay fines.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a277.html&view=consolidated
Prisons Act 1981
Regulates the operation of Western Australian prisons and the custody, treatment, discipline and management of prisoners.
It gives prison officers particular powers and sets rules concerning searches, prison offences, visits, transfers and release.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a633.html&view=consolidated
Court Security and Custodial Services Act 1999
Controls court security and the transport and custody of people outside prisons.
It covers services such as prisoner transport, court custody centres, security at court buildings and the detention of people being moved between prisons, police facilities and courts.
The Act also allows some of these services to be carried out by contracted providers.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1970.html&view=consolidated
Parole Orders (Transfer) Act 1984
Allows parole orders to be transferred between Western Australia and other Australian jurisdictions.
This means a person released on parole may, in approved circumstances, live and be supervised in another State or Territory.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a576.html&view=consolidated
Spent Convictions Act 1988
Allows certain older convictions to become spent after a qualifying period.
A spent conviction generally does not need to be disclosed in many ordinary situations, although it is not erased and may still be revealed for particular occupations, licences, court proceedings and police purposes.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a769.html&view=consolidated
High-Risk & Registered Offenders
Community Protection (Offender Reporting) Act 2004
Creates Western Australia’s reportable offender register.
People convicted of specified sexual and other serious offences may be required to report personal information to police, including their address, employment, vehicles, travel and contact with children.
The length of the reporting period depends on the offences and circumstances.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a9275.html&view=consolidated
High Risk Serious Offenders Act 2020
Allows the Supreme Court to make continuing detention or supervision orders for certain serious offenders who are considered an unacceptable risk after completing their prison sentence.
It is not limited to sexual offenders and can apply to designated serious violent offences.
The Act replaced the Dangerous Sexual Offenders Act 2006 and commenced in stages following Royal Assent on 9 July 2020.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147273.html&view=consolidated
Prohibited Behaviour Orders Act 2010
Allows a court to impose restrictions on an adult who has repeatedly committed relevant offences and is considered likely to continue antisocial or criminal behaviour.
An order may prohibit the person from entering particular areas, associating with specified people or taking part in certain activities.
The legislation attracted criticism because a person’s name, photograph and restrictions could be published.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a146805.html&view=consolidated
Young People & Child Protection
Young Offenders Act 1994
Controls the investigation, court processing, sentencing and detention of young people accused or convicted of offences.
It encourages diversion, rehabilitation and detention as a last resort, although it also allows young people to be placed in detention centres.
The Act generally applies to offences committed by people under 18.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a922.html&view=consolidated
Children and Community Services Act 2004
The main Western Australian law dealing with child protection and children placed in State care.
It gives the Department of Communities powers to investigate concerns, arrange protective intervention and apply for protection orders through the Children’s Court.
It replaced the Child Welfare Act 1947 and the Community Services Act 1972.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a9243.html&view=consolidated
Mental Impairment & Mental Health
Criminal Law (Mental Impairment) Act 2023
Controls criminal proceedings involving a person who may be mentally unfit to stand trial or who may not be criminally responsible because of mental impairment.
It provides for assessments, findings of mental impairment, custody orders, supervision orders, limiting terms and review by the Mental Impairment Review Tribunal.
The Act replaced the Criminal Law (Mentally Impaired Accused) Act 1996 and became fully operational on 1 September 2024.
The newer legislation was introduced after criticism that people found unfit to stand trial could remain detained for periods longer than the sentence they might otherwise have received.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147388.html&view=consolidated
Declared Places (Mental Impairment) Act 2015
Provides for declared places where some people subject to mental impairment custody arrangements can be detained outside an ordinary prison.
The legislation was originally called the Declared Places (Mentally Impaired Accused) Act 2015. Its terminology was updated following the commencement of the Criminal Law (Mental Impairment) Act 2023.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147039.html&view=consolidated
Mental Health Act 2014
Regulates the assessment, treatment and rights of people receiving mental health care.
It covers involuntary treatment orders, admission to authorised hospitals, review rights, mental health advocacy and the responsibilities of mental health services.
It replaced the Mental Health Act 1996.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147019.html&view=consolidated
Drug, Alcohol & Tobacco Laws
Misuse of Drugs Act 1981
The principal Western Australian law covering prohibited drugs.
It creates offences involving possession, use, manufacture, cultivation, sale and supply. It also contains serious offences for drug trafficking and possessing property or equipment connected with drug production.
The Act operates alongside Commonwealth legislation controlling drug imports and border offences.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a522.html&view=consolidated
Cannabis Intervention Requirement Scheme Act 2012
Provides an alternative process for some adults and young people found with small quantities of cannabis or smoking implements.
Instead of immediately being prosecuted, an eligible person may be required to complete a cannabis intervention session. Failure to complete the requirement can result in prosecution.
The scheme does not legalise cannabis and does not apply to cultivation, supply or more serious drug offending. It forms part of the Misuse of Drugs Act (1981).
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a522.html&view=consolidated
Medicines and Poisons Act 2014
Regulates medicines, prescription drugs, controlled substances and poisons.
It replaced the Poisons Act 1964 and works alongside the Misuse of Drugs Act where substances have recognised medical uses but are also subject to abuse or illegal supply.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147008.html&view=consolidated
Liquor Control Act 1988
Controls the sale, supply and consumption of alcohol in Western Australia.
It covers liquor licences, licensed premises, service to intoxicated people and minors, barring notices and restrictions on drinking in particular places.
Police and authorised officers have powers under the Act relating to licensed premises and alcohol-related disorder.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a461.html&view=consolidated
Tobacco Products Control Act 2006
Controls the sale, advertising, display and use of tobacco products and vaping-related products.
It includes age restrictions, retailer requirements and bans on smoking in specified public areas.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a143206.html&view=consolidated
Weapons & Firearms
Weapons Act 1999
Controls prohibited and controlled weapons other than firearms.
It covers items such as certain knives, batons, sprays, disguised weapons and other objects classified by regulations.
The Act also creates offences involving carrying or possessing weapons without a lawful excuse and gives police associated search and seizure powers.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1942.html&view=consolidated
Firearms Act 2024
Controls firearm licences, firearm ownership, ammunition, storage, repairs, dealers, ranges and the possession and use of firearms in Western Australia.
The legislation places public safety at the centre of firearm licensing and introduced new licence categories, health assessment requirements, firearm limits and a new digital licensing system.
It received Royal Assent on 27 June 2024 and commenced substantially on 31 March 2025, replacing the Firearms Act 1973.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147438.html&view=consolidated
Violence, Threats & Restraining Orders
Restraining Orders Act 1997
Provides for family violence restraining orders, violence restraining orders and misconduct restraining orders.
Orders can prohibit a person from approaching, contacting or communicating with another person or entering specified places.
Breaching a restraining order is a criminal offence.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1817.html&view=consolidated
Street, Public Place & Property Offences
Graffiti Vandalism Act 2016
Creates specific powers and penalties concerning graffiti damage.
It covers graffiti offences, possession of graffiti implements in suspicious circumstances, clean-up orders, seizure and the recovery of cleaning costs.
Before this Act, graffiti was largely prosecuted through general criminal damage provisions and local government laws.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a147110.html&view=consolidated
Criminal Organisations Control Act 2012
Provides a system for declaring organisations and restricting the activities and associations of their members.
It was introduced primarily in response to organised crime and outlaw motorcycle gangs.
The Act allows control orders and association restrictions, although its procedures are complex and some comparable laws in other Australian jurisdictions have faced constitutional challenges.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a146923.html&view=consolidated
Protective Custody Act 2000
Allows police to take a severely intoxicated person into protective custody where necessary to protect that person or another person.
Protective custody is not supposed to operate as punishment for being intoxicated. The person may be released, placed with a responsible adult or taken to an approved care facility.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a2040.html&view=consolidated
Public Transport Authority Act 2003
Establishes the Public Transport Authority and provides powers connected with public transport property and services.
It operates alongside regulations and other legislation dealing with fare evasion, disorderly conduct, trespass and the powers of transit officers.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a6374.html&view=consolidated
Security and Related Activities (Control) Act 1996
Regulates security officers, crowd controllers, security consultants, investigators and related occupations.
It establishes licensing requirements and offences involving unlicensed security work, misconduct and improper use of security powers.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a739.html&view=consolidated
Pawnbrokers and Second-hand Dealers Act 1994
Regulates pawnbrokers and second-hand dealers.
It requires licences and records intended to help police trace stolen property passing through pawnshops and second-hand markets.
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a578.html&view=consolidated
Information checked and updated: 26 July 2026
