Foreword 

Each year we examine and report on the use of powers by WA Police under the Unlawful Consorting and Prohibited Insignia scheme. These powers are intended to support law enforcement in disrupting criminal organisations, such as outlaw motorcycle gangs. 

Our role is to assess whether WA Police have complied with the provisions of the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 (the Act). We also evaluate whether the scheme has had an adverse impact on specific groups in the community. 

For the period December 2023 to December 2024, we found that WA Police complied with the requirements of the Act. There was no evidence to suggest that the scheme had an adverse impact on any particular group. 

In addition to our annual review, we also considered the process used by WA Police to review the status of 1,069 child sex offenders who were subject to the previous consorting scheme under The Criminal Code. The purpose of the review conducted by WA Police was to determine if those offenders could be issued with unlawful consorting notices under the Act. WA Police found that there were limitations with applying some requirements of the Act to these offenders and that none of these offenders could be issued with consorting notices under the Act. We reviewed the process and found that the decisions made by WA Police were compliant with the Act. 

Our inspections to date demonstrate that WA Police have implemented robust systems to ensure officers adhere to legislative requirements. 

I would like to my express my appreciation to the Inspections Team, for their dedication in compiling this report, as well as to the members of the WA Police Serious and Organised Crime Division and Sex Crime Division for their cooperation throughout the monitoring period. 

Bevan Warner
Ombudsman