Police could have tried to force the dangerous sexual offender codenamed TJD before the Supreme Court on Wednesday so the supervision order they suspected him of breaching could be revoked.
Instead, officers charged him with a "minor" breach of his supervision conditions and bailed him to face court next Wednesday.
The Government was yesterday under attack on many fronts over the release of the repeat rapist twice within eight days.
The first was under a Supreme Court order supported by the Director of Public Prosecutions on March 11 and the second by police on Wednesday after he failed to produce a diary of his movements.
Police Minister Liza Harvey unreservedly backed WA Police for bailing TJD and attacked the court's decision to release him, saying "I don't want him living next to my daughters".
Attorney-General Michael Mischin ordered a review of the Dangerous Sexual Offenders Act.
Shadow attorney-general John Quigley said rather than reviewing the Act, "it would help if the Government read it".
Under the Act, police who suspect a DSO breached their order can apply to a magistrate for a summons or arrest warrant compelling an appearance before the Supreme Court, which can revoke it.
The Act also gives the Attorney-General the same powers as the DPP to oppose supervised release orders, but Mr Mischin said "the director is trusted with those applications".
"If what you are suggesting is that somehow I interfere in proceedings that the director is entrusted in, then I've got to have a very good reason for it," he said.
Former Liberal police minister Rob Johnson said Mrs Harvey should have done more to let Commissioner Karl O'Callaghan know the community expected TJD off the streets.
Jim McGinty, Labor attorney-general who introduced the DSO Act in 2006, said he paid "very close attention" to DSOs approaching release and often told former DPP Robert Cock "this is the sort of case the legislation was designed for".