{"id":"child-sex-offenders-registration-act-2006","name":"Child Sex Offenders Registration Act 2006","slug":"child-sex-offenders-registration-act-2006","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31763,"registerId":"sa-child-sex-offenders-registration-act-2006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"66F","sectionType":"section","heading":"Commissioner may publish personal details of certain registrable offenders","content":"66F\tCommissioner may publish personal details of certain registrable offenders\n66FA\tCommissioner may provide person with image of certain registrable offenders\n66FB\tCommissioner may inform child's parent or guardian whether specified person is a registrable offender\n66G\tCommissioner may take into account certain matters\n66H\tProtection as to publication and other provision of information\n66I\tConduct intended to incite animosity towards or harassment of identified offenders and other people\n66J\tPublication, display and distribution of identifying information\nPart 5C—Control orders\n66JA\tCourt may make control order\n66JB\tTerms of control order\n66JC\tInterim control orders\n66JD\tDuration of order\n66JE\tVariation and revocation of order\n66JF\tOffence to contravene or fail to comply with order\n66JG\tService of order\nPart 6—Miscellaneous\n66K\tChange of name of registrable offender\n66L\tInformation to be provided to parents and guardians\n66M\tPowers of entry, search etc\n66N\tTracking devices\n67\tConfidentiality of information\n68\tRestriction on publication\n69\tState Records Act 1997 and Freedom of Information Act 1991 not to apply\n71\tEffect of spent convictions\n72\tEvidentiary\n72A\tService\n73\tRegulations and fee notices\nSchedule 1—Class 1 and 2 offences\n1\tInterpretation\nPart 2—Class 1 offences\n2\tClass 1 offences\nPart 3—Class 2 offences\n3\tClass 2 offences\nSchedule 2—Information disclosure principles\n1\tInterpretation\n2\tGeneral principles governing disclosure\n3\tAuthorisation of disclosure\n4\tCircumstances where information may be disclosed without authorisation\n5\tCircumstances where information may be disclosed with authorisation\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Child Sex Offenders Registration Act 2006.\n3—Object\nThe object of this Act is to protect children from sexual predators by—\n\t(a)\trequiring certain persons who may have a propensity to commit sexual offences against children to keep the Commissioner of Police informed of their whereabouts and other personal details for a period of time—\n\t(i)\tto reduce the risk of such offences being committed; and\n\t(ii)\tto facilitate the investigation and prosecution of any offences that are committed; and\n\t(b)\tpreventing such persons from engaging in child-related work.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nchild means a person under the age of 18 years;\nchild sex offender registration order means an order made under section 9 and includes a corresponding child sex offender registration order;\nclass 1 offence means an offence listed in Schedule 1 Part 2;\nclass 2 offence means an offence listed in Schedule 1 Part 3;\nCommissioner means the Commissioner of Police;\ncorresponding child sex offender registration order means an order made under a corresponding law that falls within a class of order that the regulations state is a corresponding child sex offender registration order for the purposes of this Act;\ncorresponding law means a law of a foreign jurisdiction—\n\t(a)\tthat requires people who have committed specified offences to report, in that jurisdiction, information about themselves and to keep that information current for a specified period; and\n\t(b)\tthat is declared by the regulations to be a corresponding law for the purposes of this Act;\ncorresponding registrar means the person whose duties and functions under a corresponding law most closely correspond to the duties and functions of the Commissioner under this Act;\ncourt includes a court (however described) of a foreign jurisdiction but does not include a family conference within the meaning of the Young Offenders Act 1993;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndetainee means a person who—\n\t(a)\tis detained in a training centre within the meaning of the Young Offenders Act 1993; or\n\t(b)\tis detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;\ndisability means intellectual disability or physical disability;\nThe meaning of disability is affected by subsection (3).\nexisting licensee means a person who has been released from government custody on licence and includes a person who has a similar status under the laws of a foreign jurisdiction;\nfinding of guilt in relation to an offence committed by a person (however expressed) means—\n\t(a)\ta court making a formal finding of guilt in relation to the offence; or\n\t(b)\ta court accepting a plea of guilty or other admission of guilt from the person in relation to the offence; or\n\t(c)\ta court declaring under Part 8A of the Criminal Law Consolidation Act 1935 that the person is liable to supervision in relation to the offence, or an equivalent declaration or finding under the law of a foreign jurisdiction; or\n\t(d)\tin the case of conduct that is, under section 5, equated with an offence for the purposes of this Act, a court making a formal finding that the person engaged in that conduct,\nbut does not include a finding of guilt that is subsequently quashed or set aside by a court;\nfingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints;\nforeign jurisdiction means a jurisdiction other than South Australia (including jurisdictions outside Australia);\nforeign registrable offence means an offence, committed against a child, that is specified in a corresponding law as an offence the commission of which results in a requirement that the offender report, in the jurisdiction in which the corresponding law is in force, information about himself or herself;\nforeign registrable offender has the meaning set out in section 7;\nforeign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses;\ngood behaviour bond means a bond entered into under the Sentencing Act 2017;\ngovernment custody means—\n\t(a)\tcustody as a prisoner or detainee; or\n\t(b)\tcustody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a);\nintellectual disability means permanent or temporary loss or imperfect development of mental faculties resulting in reduced intellectual capacity;\nNew South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales;\nNew South Wales registrable offender has the meaning set out in section 8;\noffence includes conduct that is, under section 5, equated with an offence for the purposes of this Act;\nparole means an order made under Part 6 Division 3 of the Correctional Services Act 1982 and includes any equivalent order made under the laws of a foreign jurisdiction;\npersonal details means the information listed in section 13(1);\nphysical disability means—\n\t(a)\tthe total or partial loss of any function of the body; or\n\t(b)\tthe total or partial loss of any part of the body; or\n\t(c)\tthe malfunctioning of any part of the body; or\n\t(d)\tthe malformation or disfigurement of any part of the body,\nwhether permanent or temporary, but does not include intellectual disability;\nprisoner has the same meaning as in the Correctional Services Act 1982;\nregister means the register of registrable offenders established under section 60;\nregistrable offence means—\n\t(a)\ta class 1 offence; or\n\t(b)\ta class 2 offence; or\n\t(c)\tan offence that results in the making of a child sex offender registration order;\nregistrable offender has the meaning set out in section 6;\nregistrable repeat offender means a registrable offender who has (whether before or after the commencement of this Act) committed—\n\t(a)\ton at least 3 separate occasions, a class 1 or class 2 offence; or\n\t(b)\ton at least 2 separate occasions, a class 1 or class 2 offence provided that on each occasion the victim was under the age of 14 years; or\n\t(c)\ton at least 1 occasion, an offence against section 50 of the Criminal Law Consolidation Act 1935;\nreportable contact has the meaning set out in section 4A;\nreporting obligations, in relation to a registrable offender, means the obligations imposed on him or her under Part 3;\nreporting period means the period, as determined under Part 3 Division 5, during which a registrable offender must comply with his or her reporting obligations;\nsentence, in relation to an offence, includes—\n\t(a)\tthe imposition of a penalty for the offence, or the making of any other order or direction consequent on a finding of guilt in relation to the offence (including an order or direction requiring a person to enter into a bond); and\n\t(b)\tthe making of a declaration under Part 8A of the Criminal Law Consolidation Act 1935 that a person charged with the offence is liable to supervision; and\n\t(c)\tthe making of a restraining order under section 99AA of the Summary Procedure Act 1921 where the grounds for making the order consist of, or include, the commission of the offence; and\n\t(d)\tthe making of any equivalent order or declaration under the laws of a foreign jurisdiction;\nserious registrable offender means—\n\t(a)\ta registrable repeat offender; or\n\t(b)\ta registrable offender who has been declared to be a serious registrable offender under Part 2A;\nstrict supervision means—\n\t(a)\tsupervision by a person or body whose functions or powers include supervision of persons in government custody or persons subject to a supervised sentence; and\n\t(b)\tsupervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a);\nsupervised sentence means—\n\t(a)\tparole; or\n\t(b)\ta sentence of home detention; or\n\t(c)\ta sentence of community service; or\n\t(d)\ta good behaviour bond under which the person entering into the bond is required to submit to strict supervision; or\n\t(e)\ta supervision order within the meaning of Part 8A of the Criminal Law Consolidation Act 1935 under which the person the subject of the order is released on licence;\nsupervising authority, in relation to an offender, means the authority prescribed by the regulations as the supervising authority in relation to the class of offender to which he or she belongs.\n\t(2)\tFor the purposes of this Act, offences arise from the same incident only if—\n\t(a)\tthey are committed by the offender within a single period of 24 hours and are committed against the same person; or\n\t(b)\tthey are the result of a single act or omission of the offender (whether committed against the same person or not).\n\t(2a)\tFor the purposes of this Act, multiple offences will be taken not to have occurred on separate occasions if the offences arose from the same incident.\n\t(3)\tFor the purposes of this Act and without limiting the meaning of disability given by subsection (1), a person has a disability if he or she is being detained as a result of a court declaring under Part 8A of the Criminal Law Consolidation Act 1935 that the person is liable to supervision in relation to an offence.\n\t(4)\tA reference to doing a thing in person in this Act is a reference to doing the thing by personal attendance at a place (and does not include attendance by telephone or by any other electronic means). \n\t(5)\tA reference in this Act to the making of a restraining order under section 99AA of the Summary Procedure Act 1921 includes a reference to the making of an order under the Sentencing Act 2017 that has effect as a restraining order under section 99AA of the Summary Procedure Act 1921.\n4A—Meaning of reportable contact\n\t(1)\tFor the purposes of this Act, a person has reportable contact with a child—\n\t(a)\tif—\n\t(i)\tthe person has contact with the child consisting of—\n\t(A)\tany form of physical contact or close physical proximity with the child; or\n\t(B)\tany form of communication with the child (whether in person, in writing, by telephone or other electronic device); and\n\t(ii)\tthe contact with the child—\n\t(A)\toccurs in the course of—\n\t•\tthe person or the child visiting or residing at a dwelling (whether the person and the child are alone or with others); or\n\t•\tthe person (whether alone or with others) supervising or caring for the child; or\n\t(B)\tinvolves the person providing contact details to the child or obtaining contact details from the child or otherwise inviting (in any manner) further contact or communication between the person and the child; or\n\t(b)\tif the person has contact of a kind, or occurring in circumstances, prescribed by the regulations.\n\t(2)\tFor the purposes of subsection (1), a reference to a child includes—\n\t(a)\ta person who the registrable offender believes, at the time the contact occurs, is under the age of 18 years; and\n\t(b)\ta fictitious person represented to the registrable offender at the time the contact occurs as being a real person under the age of 18 years.\n\t(3)\tA reference to a dwelling in subsection (1)(a)(ii)(A) includes any form of accommodation (including temporary accommodation).\n\t(4)\tTo avoid doubt, reportable contact includes contact that is supervised.\n5—Conduct equated with commission of an offence\nIf a court finds that a person has engaged in conduct that is not an offence but is sufficient to ground the making of a restraining order under section 99AA of the Summary Procedure Act 1921, that conduct is, for the purposes of this Act, equated with the commission of an offence.\n5A—Criminal intelligence\n\t(1)\tIf any decision was made by the Commissioner under this Act because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(2)\tIn any proceedings under this Act, the court determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.\n\t(3)\tThe Commissioner may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Offenders to whom Act applies","content":"Part 2—Offenders to whom Act applies\n6—Who is a registrable offender?\n\t(1)\tSubject to this section, a registrable offender is a person—\n\t(a)\twhom a court has at any time (whether before, on or after the commencement of this section) sentenced for a class 1 or class 2 offence; or\n\t(b)\twho is, or has been, subject to a child sex offender registration order.\nThis Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definitions of court and sentence in section 4, the description of class 1 and class 2 offences in Schedule 1 and the power to make an order under section 9(2).\nSome requirements of this Act apply to certain people who are registrable offenders for the purposes of equivalent laws outside South Australia, even though they are not registrable offenders under this Act—see section 14.\n\t(2)\tA person who is—\n\t(a)\ta foreign registrable offender; or\n\t(b)\ta New South Wales registrable offender,\nis also a registrable offender.\n\t(3)\tUnless he or she is a registrable offender because of subsection (2), a person is not a registrable offender merely because he or she—\n\t(a)\twhile a child committed a class 1 or class 2 offence for which he or she has been sentenced; or\n\t(b)\tis a person on whom a sentence has been imposed in respect of a single class 2 offence, if the sentence—\n\t(i)\tdid not include a term of imprisonment; and\n\t(ii)\twas not a supervised sentence.\n\t(4)\tUnless he or she is a registrable offender because of subsection (2) or is, immediately before the commencement of this section, in government custody in relation to a registrable offence, a person is not a registrable offender merely because he or she was sentenced for—\n\t(a)\ta single class 2 offence more than 8 years before the commencement of this section; or\n\t(b)\ta single class 1 offence more than 15 years before the commencement of this section; or\n\t(c)\t2 class 2 offences more than 15 years before the commencement of this section.\n\t(5)\tA person is also not a registrable offender if he or she—\n\t(a)\tis receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection; or \n\t(b)\thas the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection.\n\t(6)\tA person ceases to be a registrable offender if—\n\t(a)\this or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or\n\t(b)\this or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or\n\t(c)\the or she is a registrable offender only because he or she is, or has been, subject to a child sex offender registration order and that order is quashed by a court.\n\t(7)\tFor the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child sex offender registration order.\n\t(8)\tFor the purposes of subsection (3)(b), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence.\n7—Who is a foreign registrable offender?\nA foreign registrable offender is a person who—\n\t(a)\thas at any time (whether before, on or after the commencement of this section) been sentenced in a foreign jurisdiction for a foreign registrable offence; and\n\t(b)\thaving been sentenced for that offence, would, if he or she were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period (the recognised foreign reporting period).\n8—Who is a New South Wales registrable offender?\nA New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act.\n9—Child sex offender registration order\n\t(1)\tA court may—\n\t(a)\ton sentencing a person for an offence that is not a class 1 or class 2 offence; or\n\t(b)\ton sentencing a person for a class 1 or class 2 offence committed while the person was a child; or\n\t(c)\ton sentencing a person for a single class 2 offence where the sentence imposed does not include a term of imprisonment and is not a supervised sentence; or\n\t(d)\ton making a restraining order against a person under section 99AA of the Summary Procedure Act 1921,\norder that the person comply with the reporting obligations of this Act.\n\t(1a)\tThe Magistrates Court may, at any time while a restraining order under section 99AA of the Summary Procedure Act 1921 remains in force, order that the person the subject of the restraining order comply with the reporting obligations of this Act.\n\t(2)\tThe Magistrates Court may order that a person who has been sentenced for an offence against the law of a foreign jurisdiction (and who is not otherwise a registrable offender in respect of that offence) comply with the reporting obligations of this Act.\nA person who has been sentenced for an offence against the law of a foreign jurisdiction may be a registrable offender, in the absence of such an order, because the offence was a class 1 or 2 offence or because the person is a foreign registrable offender.\n\t(3)\tThe court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied that the person poses a risk to the safety and well‑being of any child or children.\n\t(4)\tFor the purposes of subsection (3), it is not necessary that the court be able to identify a risk to a particular child or particular children.\n\t(5)\tThe court may only make an order under this section on the application of—\n\t(a)\tin the case of an order to be made by a court that is dealing with a person for an offence—the prosecution; or\n\t(b)\tin any other case—a police officer.\n\t(6)\tFor the purposes of subsection (1)(c), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence.\n10—Appeal against order\n\t(1)\tIf a court makes a child sex offender registration order, an appeal lies against the making of that order—\n\t(a)\tin the case of an appeal against an order made in the Magistrates Court—to a single judge of the Supreme Court; or\n\t(b)\tin any other case—in the same way as an appeal against a sentence imposed by the court.\n\t(2)\tOn an appeal, the appellate court may—\n\t(a)\tconfirm, vary or quash the order; and\n\t(b)\tmake ancillary orders and directions.\n","sortOrder":1},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Serious registrable offender declarations","content":"Part 2A—Serious registrable offender declarations\n10A—Serious registrable offender declarations\n\t(1)\tThe Commissioner may, if satisfied that a registrable offender is at risk of committing further class 1 or class 2 offences, declare that the registrable offender is a serious registrable offender.\n\t(2)\tA declaration under this section operates during the period specified by the Commissioner when making the declaration or until revoked in accordance with this Part.\n\t(3)\tThe Commissioner may revoke the declaration at any time, on his or her own initiative or on application by the serious registrable offender.\n10B—Appeal against declaration\n\t(1)\tA registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court.\n\t(2)\tSubject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(3)\tThe Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision.\n\t(4)\tIf a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Reporting obligations","content":"Part 3—Reporting obligations\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Initial report","content":"Division 1—Initial report\n11—When initial report must be made\n\t(1)\tA registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Commissioner within the period specified in relation to him or her in column 2 of the Table:\n\nTable\nColumn 1\nColumn 2\nRegistrable offender\nPeriod for initial report\nA registrable offender (other than a foreign registrable offender) who enters government custody in South Australia on or after the commencement of this section as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in South Australia\nWithin 7 days after he or she ceases to be in government custody\nA registrable offender (other than a foreign registrable offender) in government custody in South Australia immediately before the commencement of this section and who ceases to be in government custody whilst in South Australia\nWithin 7 days after he or she ceases to be in government custody\nA registrable offender (other than a foreign registrable offender) who is in South Australia on the commencement of this section, but who is not in government custody at that time\nWithin 45 days after the commencement of this section\nAny other person who becomes a registrable offender because he or she is sentenced for a class 1 or class 2 offence in South Australia or who becomes a registrable offender because of a child sex offender registration order made by a court in South Australia\nWithin 7 days after he or she is sentenced for the class 1 or class 2 offence or the child sex offender registration order is made (as the case may be)\nA registrable offender who enters South Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner\nWithin 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody\nA foreign registrable offender who has not previously reported his or her personal details to the Commissioner and who is in South Australia on the date on which he or she becomes a foreign registrable offender\nWithin 7 days after he or she becomes a foreign registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later\n\t(2)\tA registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsection (1), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody.\n12—When new initial report must be made by offender whose previous reporting obligations have ceased\n\t(1)\tIf a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Commissioner—\n\t(a)\twithin 7 days after he or she is sentenced for the registrable offence; or\n\t(b)\tif the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,\n\t(2)\tIf a registrable offender's reporting period expires but he or she then becomes a foreign registrable offender who must, under section 35, continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Commissioner—\n\t(a)\twithin 7 days after he or she becomes a foreign registrable offender; or\n\t(b)\tif the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,\n\t(3)\tIf a registrable offender's reporting obligations are suspended by an order under section 38 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 42 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Commissioner—\n\t(a)\twithin 7 days after the order ceases to have effect; or\n\t(b)\tif the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,\n\t(4)\tIf a registrable offender is not in South Australia at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Commissioner, the registrable offender must report his or her personal details within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody.\n\t(5)\tA registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsections (1) to (3), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody.\n13—Report by registrable offender of personal details\n\t(1)\tThe details the registrable offender must report are as follows:\n\t(a)\this or her name, together with any other name by which he or she is, or has previously been, known;\n\t(b)\tin respect of each name other than his or her current name, the period during which he or she was known by that other name;\n\t(c)\this or her date of birth;\n\t(d)\tthe address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found;\n\t(da)\this or her postal address for service of notices and documents under this Act;\n\t(e)\tthe names and ages of any children who generally reside in the same household as that in which he or she generally resides;\n\t(ea)\tif the registrable offender knows that he or she is likely to have reportable contact during the next 12 month period with a particular child—the name and age of the child;\n\t(f)\tif he or she is working—\n\t(i)\tthe nature of the work; and\n\t(ii)\tthe name of his or her employer (if any); and\n\t(iii)\tthe address of each of the premises at which he or she generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works; \n\t(g)\tdetails of his or her affiliation with any club or organisation that has child membership or child participation in its activities;\n\t(h)\tthe make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her;\n\t(i)\tdetails of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);\n\t(j)\twhether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding child sex offender registration order and, if so, where that finding occurred or that order was made;\n\t(k)\tif he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or foreign registrable offence, details of when and where that government custody occurred;\n\t(ka)\tif, at the time of making a report under this Division, he or she has a valid passport—the passport number, date and place of issue and date of expiry of the passport;\n\t(l)\tif, at the time of making a report under this Division, he or she leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)—\n\t(i)\tin general terms, the reason for travelling; and\n\t(ii)\tin general terms, the frequency and destinations of the travel;\n\t(m)\tdetails of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person;\n\t(n)\tdetails of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person;\n\t(o)\tdetails of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial‑up connection;\n\t(p)\tdetails of any email addresses, passwords (and the accounts to which the passwords relate), social media accounts, internet user names, instant messaging user names, chat room user names or any other access code, user name or identity used, or intended to be used, by the person through the internet or other electronic communication service;\n\t(q)\tany other information prescribed by the regulations.\n\t(2)\tFor the purposes of this section—\n\t(a)\ta registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and\n\t(b)\ta child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 14 days (whether consecutive or not) in any period of 12 months; and\n\t(d)\ta registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and\n\t(e)\ta registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months.\n\t(3)\tFor the purposes of this section, a person is working if he or she—\n\t(a)\tcarries out work under a contract of employment or a contract for services (whether written or unwritten); or\n\t(b)\tcarries out work as a self-employed person or as a sub-contractor; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\n\t(e)\tcarries out work as a volunteer including the performance of unpaid community work in accordance with an order of a court.\n14—Persons required to report under corresponding law\n\t(1)\tThis section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act.\n\t(2)\tUnless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in South Australia, contact (by telephoning South Australia Police or another prescribed means) the Commissioner.\n\t(3)\tThe Commissioner must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act.\n\t(4)\tA person is not guilty of an offence against section 44 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she—\n\t(a)\tis not a registrable offender for the purposes of this Act; or \n\t(b)\thas not been notified of that reporting obligation; or\n\t(c)\tdoes not remain in South Australia for 7 or more consecutive days, not counting any days spent in government custody; or\n\t(d)\treports in accordance with section 11.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Ongoing reporting obligations","content":"Division 2—Ongoing reporting obligations\n15—Registrable offender must report annually\n\t(1)\tA registrable offender must report his or her personal details to the Commissioner each year.\n\t(2)\tThe registrable offender must make the annual report—\n\t(a)\ton the date specified by the Commissioner by notice in writing to the registrable offender, being a date—\n\t(i)\tnot less than 1 month after the date on which the notice was given; and\n\t(ii)\tnot less than 12 months after the date of the last annual report by the offender under this Act (if any); or\n\t(b)\tif no such date is specified by the Commissioner—by the end of the calendar month in which the anniversary of the date of the last annual report by the offender under this Act or a corresponding law falls.\n\t(3)\tIf the registrable offender has been in government custody since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred.\n\t(4)\tIf a registrable offender's reporting period expires, but he or she is then required to report again under section 12, the reference to the date on which he or she first reported is to be read as a reference to the date on which he or she first reported in respect of the current reporting period.\n15A—Serious registrable offender may be required to make additional reports\n\t(1)\tIf the Commissioner has reason to suspect that a serious registrable offender—\n\t(a)\tmay fail to comply with this Act; or\n\t(b)\tposes a risk to the safety and well‑being of children,\nthe Commissioner may make a declaration imposing additional reporting requirements on the serious registrable offender.\n\t(2)\tSubject to this section, a declaration under this section operates during the period determined by the Commissioner.\n\t(3)\tA declaration may be varied or revoked by the Commissioner at any time and must be revoked if the Commissioner is satisfied that the grounds for making the declaration no longer exist.\n\t(4)\tThe Commissioner must not make or vary a declaration in relation to a particular serious registrable offender if the declaration or variation would result in the serious registrable offender being subject to additional reporting requirements for a total period (whether continuous or not) of more than 2 years.\n\t(5)\tThe Magistrates Court may, on application by the Commissioner, make an order imposing additional reporting requirements on a serious registrable offender (for a specified period or until further order) if satisfied that the order is reasonably necessary—\n\t(a)\tto ensure that the serious registrable offender complies with this Act; or\n\t(b)\tto minimise any risk to the safety and well‑being of children.\n\t(6)\tFor the avoidance of doubt, the Magistrates Court may make an order despite the fact that it would result in the serious registrable offender being subject to additional reporting requirements for a total period that exceeds the period specified in subsection (4).\n\t(7)\tThe Magistrates Court may vary or revoke an order made under this section on application by—\n\t(a)\tthe Commissioner; or\n\t(b)\tthe serious registrable offender.\n\t(8)\tAn application may only be made under subsection (7)(b) with the permission of the Court and permission is only to be granted if the Court is satisfied, on the basis of the application and any evidence tendered by the serious registrable offender, that there has been a substantial change in the relevant circumstances since the order was made or last varied.\n\t(9)\tThe Commissioner is a party to an application under subsection (7)(b) and may make any submission to the Court in respect of the application.\n\t(10)\tA declaration or order under this section relating to a serious registrable offender ceases to be of any force or effect on the expiration of the serious registrable offender's reporting period (if the declaration or order has not already expired or been revoked).\n\t(11)\tIn this section—\nadditional reporting requirements, in relation to a declaration or order made under this section, means requirements that the serious registrable offender to whom the declaration or order relates report his or her personal details to the Commissioner at intervals specified in the declaration or order, being intervals of less than 1 year but not less than 1 month.\n16—Registrable offender must report changes to relevant personal details\n\t(1)\tA registrable offender must report to the Commissioner any change in his or her personal details within 7 days after that change occurs.\n\t(2)\tFor the purposes of subsection (1), a change occurs in the premises or household where the registrable offender or a child generally resides, or in the premises where the registrable offender generally works, or the motor vehicle that he or she generally drives, only on the expiry of the relevant 14 day period referred to in section 13(2).\n\t(3)\tIf the personal details of a registrable offender (other than one to whom Division 9 applies) change while he or she is not in South Australia, he or she must report the change to the Commissioner within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody.\nUnder section 32, certain reporting obligations of a registrable offender are suspended while he or she is out of South Australia unless Division 9 applies to him or her.\n\t(4)\tA registrable offender who is in government custody for 7 or more consecutive days must—\n\t(a)\tif they have reported their personal details to the Commissioner within the previous 6 months, report any changes to those details to the Commissioner—\n\t(i)\twithin 7 days after they cease to be in government custody; or\n\t(ii)\tbefore leaving South Australia,\nwhichever occurs first; or\n\t(b)\tif they have not reported their personal details to the Commissioner within the previous 6 months, report their personal details to the Commissioner—\n\t(i)\twithin 7 days after they cease to be in government custody; or\n\t(ii)\tbefore leaving South Australia,\nwhichever occurs first.\n\t(5)\tIf—\n\t(a)\tthe personal details of a registrable offender (other than one referred to in subsection (3) or (4) or to whom Division 9 applies) whose reporting obligations are suspended under this Act change during that suspension; and\n\t(b)\tthe registrable offender's reporting obligations cease to be so suspended,\nhe or she must report the change to the Commissioner within 7 days after cessation of the suspension.\n17—Intended absence from South Australia to be reported\n\t(1)\tThis section applies if a registrable offender—\n\t(a)\tintends to leave South Australia for 7 or more consecutive days to travel elsewhere in Australia; or\n\t(b)\tintends to leave South Australia to travel out of Australia.\n\t(2)\tAt least 7 days before leaving South Australia, the registrable offender must report the intended travel to the Commissioner and must provide details of—\n\t(a)\teach State, Territory or country to which he or she intends to go while out of South Australia; and\n\t(b)\tthe approximate dates during which he or she intends to be in each of those States, Territories or countries; and\n\t(c)\teach address or location within each State, Territory or country at which he or she intends to reside (to the extent that they are known) and the approximate dates during which he or she intends to reside at those addresses or locations; and\n\t(d)\tif he or she intends to return to South Australia, the approximate date on which he or she intends to return; and\n\t(e)\tif he or she does not intend to return to South Australia—a statement of that intention.\n\t(3)\tIf circumstances arise making it impracticable for a registrable offender to make the report 7 days before he or she leaves, it is sufficient compliance with subsection (2) if the registrable offender reports the required information to the Commissioner at least 24 hours before leaving South Australia.\n18—Change of travel plans while out of South Australia to be given\n\t(1)\tThis section applies if a registrable offender who is out of South Australia decides—\n\t(a)\tto extend a stay elsewhere in Australia beyond 6 days; or\n\t(b)\tto change any details given to the Commissioner under section 17.\n\t(2)\tAs soon as practicable after making the decision, the registrable offender must—\n\t(a)\tif subsection (1)(a) applies, report the details required by section 17(2) to the Commissioner (including those details as they relate to the travel that has already been completed); or\n\t(b)\tif subsection (1)(b) applies, report the changed details to the Commissioner.\n\t(3)\tThe registrable offender must make the report—\n\t(a)\tby writing sent by post or transmitted electronically to the Commissioner or to any other address permitted by the regulations; or\n\t(b)\tin any other manner permitted by the regulations.\n19—Registrable offender to report return to South Australia or decision not to leave\n\t(1)\tThis section applies if a registrable offender was required to report that he or she intended to leave South Australia under section 17.\n\t(2)\tIf the registrable offender left South Australia, he or she must, within 7 days after entering and remaining in South Australia for 7 consecutive days (not counting any days spent in government custody)—\n\t(a)\treport his or her return to the Commissioner; and\n\t(b)\tif the registrable offender travelled out of Australia—present his or her passport for inspection and copying.\n\t(3)\tIf the registrable offender decides not to leave South Australia, he or she must report his or her change of intention to the Commissioner within 7 days after deciding not to leave.\n20—Report of other absences from South Australia\n\t(1)\tThis section applies if a registrable offender, at the time of making a report under this Division, leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence).\n\t(2)\tThe registrable offender must report the following details to the Commissioner:\n\t(a)\tin general terms, the reason for travelling;\n\t(b)\tin general terms, the frequency and destinations of the travel.\n20A—Report of reportable contact\nDespite any other provisions of this Act, if a registrable offender has reportable contact with a child, he or she must report the details of that contact to the Commissioner within 2 days of such contact occurring.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Provisions applying to all reporting obligations","content":"Division 3—Provisions applying to all reporting obligations\n21—Provisions relating to making of report\n\t(1)\tA report by a registrable offender under this Part is to be made—\n\t(a)\tif the Commissioner gives the offender a direction that the report is to be made at a specified police station—at the police station so directed; or\n\t(b)\tif the personal details last reported by the offender indicate an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises—at the premises so directed;\n\t(c)\tif no direction is given under paragraph (a) or (b)—at a place approved (either generally or in a particular case) by the Commissioner.\n\t(1a)\tA direction by the Commissioner under subsection (1)(a) or (b)—\n\t(a)\tmust be given in writing in accordance with any requirements prescribed by the regulations; and\n\t(b)\tmay be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner.\n\t(1b)\tWithout limiting any other provision of this Act, the Commissioner may specify that a report by a registrable offender under this Part is to be made on a particular day, or during a particular period on a particular day.\n\t(2)\tThis section does not apply if, under section 22(2), a report is permitted to be made in a way that is inconsistent with this section.\n22—How report is to be made\n\t(1)\tSubject to subsection (2), a registrable offender must attend in person to make the following reports under this Part:\n\t(a)\ta report required by Division 1 (initial report);\n\t(b)\ta report required by section 15 (annual report);\n\t(ba)\ta report required by declaration or order under section 15A;\n\t(c)\ta report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found;\n\t(d)\ta report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark;\n\t(e)\ta report required by section 17(1)(b);\n\t(f)\ta report required by section 19(2)(b);\n\t(g)\ta report required by section 20A.\n\t(2)\tA registrable offender may, with the approval of the Commissioner—\n\t(a)\tmake a report referred to in subsection (1); or\n\t(b)\tmake any other report that is required under this Act,\nby making the report in a manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).\n\t(3)\tOnly a police officer approved for the purpose by the Commissioner may receive a report made by a registrable offender attending in person and only a police officer or other person approved for the purpose by the Commissioner may receive a report made in another way in accordance with subsection (2).\n\t(4)\tIf a registrable offender is a child or has a disability that renders it impossible or impracticable for him or her to make the report in a manner required by this Act, the registrable offender will, nevertheless, be taken to make the report if—\n\t(a)\tin the case of a registrable offender who is a child—a parent or guardian of the child or, if neither a parent nor guardian is available, an adult who knows the registrable offender makes the report (so far as is reasonably possible) on the registrable offender's behalf; or\n\t(b)\tin the case of a registrable offender who is an adult who has a disability—a parent, guardian, carer or other adult person nominated by the registrable offender or approved by the Commissioner makes the report (so far as is reasonably possible) on the registrable offender's behalf,\nand such report must be made—\n\t(c)\tby both the registrable offender and the person reporting on his or her behalf attending in person; or\n\t(d)\tin another manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).\n23—Right to privacy and support when reporting\n\t(1)\tA person making a report under this Part by attending in person—\n\t(a)\tis entitled to make the report out of the hearing of members of the public; and\n\t(b)\tis entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent or guardian of the child or, if neither a parent or guardian is available, an adult who knows the registrable offender.\n\t(2)\tA police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.\n\t(3)\tA police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.\n24—Receipt of information to be acknowledged\n\t(1)\tAs soon as practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.\n\t(2)\tThe acknowledgment must be in writing, must be given to the person who made the report and must include—\n\t(a)\tthe name and signature of the police officer or other person who received the report; and\n\t(b)\tthe date and time when, and the place where, the report was received; and\n\t(c)\ta copy of the information that was reported.\n\t(3)\tThe Commissioner must ensure that a copy of every acknowledgment is retained.\n25—Additional matters to be provided\n\t(1)\tIf a report is required to be made by attending in person, the person making the report must also—\n\t(a)\tpresent for inspection the registrable offender's driver's licence (if any) or any other form of identification or other document reasonably required by the police officer receiving the report to verify or support details in the report; and\n\t(b)\tprovide a photograph of the registrable offender's head and face of a type suitable for use in an Australian passport; and\n\t(c)\tif not the registrable offender, present for inspection his or her driver's licence (if any) or any other form of identification reasonably required by the police officer receiving the report.\n\t(2)\tThe police officer receiving the report may waive any requirements of subsection (1) if the police officer is otherwise satisfied as to the identity of the person making the report.\n\t(2a)\tIf a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender's current passport (if any).\n\t(3)\tThe police officer receiving the report may copy any document presented to the police officer for inspection under subsection (1) or (2a).\n\t(4)\tIf a report is made otherwise than in person, the regulations may specify—\n\t(a)\tthe circumstances in which—\n\t(i)\tinformation will be required concerning the identity of the registrable offender and the identity of the person making the report; or\n\t(ii)\ta document will be required verifying or supporting details in the report; and\n\t(b)\tthe manner in which that information or document is to be provided,\nbut may not require an original document to be provided.\n26—Power to take fingerprints or fingerscan\n\t(1)\tA police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender.\n\t(2)\tA police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child.\n27—Power to take photographs\n\t(1)\tA police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, photographs of the registrable offender.\n\t(2)\tA police officer may only take, or cause to be taken, photographs of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child.\n28—Reasonable force may be used\n\t(1)\tBefore attempting to exercise a power under section 26 or 27, the police officer must inform the registrable offender in language likely to be understood by him or her—\n\t(a)\tof the purpose for which the power is to be exercised; and\n\t(b)\tthat reasonable force may be used if the registrable offender refuses to voluntarily submit to the exercise of the power; and\n\t(c)\tthat the fingerprints, fingerscan or photographs (as the case may be) will be retained by the Commissioner.\n\t(2)\tA police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints, fingerscan or photographs of a registrable offender if—\n\t(a)\tthe registrable offender refuses to co-operate voluntarily; and\n\t(b)\tthe use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant.\n30—Retention of material for certain purposes\nThe Commissioner may, during the reporting period of a registrable offender, retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or in relation to, the registrable offender:\n\t(a)\tcopies of any documents;\n\t(b)\tany fingerprints or fingerscans;\n\t(c)\tany photographs,\nand, at the end of that period, the Commissioner must cause them to be destroyed.\n31—Reporting by remote offenders\n\t(1)\tThis section applies if a registrable offender resides more than 100 kilometres from the nearest police station.\n\t(2)\tA registrable offender need not comply with a time limit concerning the making of a report in person under this Part if, before the time limit expires, he or she or a person entitled to make the report on his or her behalf contacts the Commissioner and—\n\t(a)\tnominates a reasonable time and place at which the report will be made; and\n\t(b)\tprovides the Commissioner (by telephone or other means) with the information required to be reported under Division 1 or Division 2.\n\t(3)\tThe Commissioner must ensure that there is a method of recording any information provided by a registrable offender in accordance with subsection (2).\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Suspension of reporting obligations","content":"Division 4—Suspension of reporting obligations\n32—Suspension of reporting obligations\n\t(1)\tAny obligation imposed on a registrable offender by this Part is suspended for any period during which he or she—\n\t(a)\tis in government custody; or\n\t(b)\tis outside South Australia unless he or she is a person to whom Division 9 applies or the obligation is under section 18; or\n\t(c)\tis the subject of an order under Division 6 (or an equivalent order made under the laws of a foreign jurisdiction); or\n\t(d)\tis the subject of a declaration under Part 5A suspending his or her reporting obligations.\n\t(2)\tIf, in accordance with section 34(1), a registrable offender is required to comply with the reporting obligations imposed by this Part for a period expressed as a specified number of years, any period during which his or her reporting requirements are suspended under subsection (1) is not to be taken into account in determining when the specified period ends.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Reporting period","content":"Division 5—Reporting period\n33—When reporting obligations begin\nFor the purposes of this Division, a registrable offender's reporting obligations begin—\n\t(a)\tin the case of a person who is a registrable offender because of a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921—when the restraining order is made; or\n\t(b)\tin any other case—\n\t(i)\tif the registrable offender is held in government custody in relation to the relevant registrable offence—when the registrable offender ceases to be in government custody in relation to the offence; or\n\t(ii)\tif the registrable offender is not held in government custody in relation to the relevant registrable offence—when the registrable offender is sentenced for the offence.\n34—Length of reporting period\n\t(1)\tA registrable offender of a kind referred to in column 1 of the Table must continue to comply with the reporting obligations imposed by this Part for the period specified in relation to him or her in column 2 of the Table:\n\nTable\nColumn 1\nColumn 2\nRegistrable offender\nPeriod\nA registrable offender who is subject to a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921\nThe period for which the restraining order remains in force\nA registrable offender who is subject to any other child sex offender registration order made by a court in South Australia\nThe period specified by the court in making the order\nA registrable offender who is subject to a corresponding child sex offender registration order\nThe period for which the person is required to report in accordance with the corresponding law under which the order was made\nA registrable offender who has only ever been found guilty of a single class 2 offence (where the sentence included a term of imprisonment or was a supervised sentence)\n8 years\nA registrable offender who has only ever been found guilty of a single class 1 offence (other than an offence against section 50 of the Criminal Law Consolidation Act 1935)\n15 years\nA registrable offender who has been found guilty of 2 class 2 offences\n15 years\nA registrable offender who has been found guilty of an offence against section 50 of the Criminal Law Consolidation Act 1935\nA registrable offender who has been found guilty of 2 or more class 1 offences\nA registrable offender who has been found guilty of a class 1 offence and 1 or more class 2 offences\nA registrable offender who has been found guilty of 3 or more class 2 offences.\nA life-long reporting obligation may be suspended under Division 6.\n\t(2)\tA reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection or for which a person was sentenced before the commencement of that subsection.\n\t(3)\tFor the purposes of this section—\n\t(a)\t2 or more offences arising from the same incident are to be treated as a single offence; and\n\t(b)\t2 or more offences arising from the same incident are to be treated as a single class 1 offence if at least one of those offences is a class 1 offence.\nThe meaning of single offence is qualified by section 4(2).\n35—Reporting period for foreign registrable offenders\n\t(1)\tDespite anything in this Part, a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for the recognised foreign reporting period referred to in section 7(b).\n\t(2)\tFor the purposes of this section, if a foreign registrable offender is a foreign registrable offender under the laws of more than one jurisdiction, the recognised foreign reporting period is the longest period for which he or she would be required to report to the corresponding registrar of a foreign jurisdiction.\n36—Reporting period for New South Wales registrable offenders\n\t(1)\tSubject to subsection (2), a New South Wales registrable offender must continue to comply with the reporting obligations imposed by this Part for the period he or she is required to report in accordance with the New South Wales Act.\n\t(2)\tA New South Wales registrable offender who, on or after the date specified by the regulations for the purposes of section 8, is sentenced for a registrable offence or becomes a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for—\n\t(a)\tthe period referred to in subsection (1); or\n\t(b)\tthe period that he or she is required to report in accordance with this Division (other than this section),\nwhichever is longer.\n36A—Division does not apply to additional reporting obligations\nThis Division does not apply in relation to additional reporting obligations imposed by declaration or order under section 15A.\nThe period during which the additional reporting requirements apply is, in the case of a declaration, determined by the Commissioner and specified in the notice given to the offender under section 48 or, in the case of an order, is either specified in the order or determined by further order of the Magistrates Court.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Exemption from reporting obligations granted by Supreme Court","content":"Division 6—Exemption from reporting obligations granted by Supreme Court\n37—Supreme Court may exempt certain registrable offenders\n\t(1)\tThis Division applies to a registrable offender who is required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life.\n\t(2)\tIf—\n\t(a)\ta period of 15 years has passed since he or she was last sentenced or released from government custody in respect of a registrable offence or a foreign registrable offence, whichever is later; and\n\t(b)\the or she did not become the subject of a life-long reporting period under a corresponding law whilst in a foreign jurisdiction before becoming the subject of such a period in South Australia; and\n\t(c)\the or she is not on parole in respect of a registrable offence,\nthe registrable offender may apply to the Supreme Court for an order suspending his or her reporting obligations.\n38—Order for suspension\n\t(1)\tOn an application under section 37(2), the Supreme Court may make an order suspending the registrable offender's reporting obligations. \n\t(2)\tThe Court must not make the order unless it is satisfied that the registrable offender does not pose a risk to the safety and well‑being of any child or children.\n\t(3)\tIn deciding whether to make the order, the Court must take into account—\n\t(a)\tthe seriousness of the registrable offender's registrable offences and foreign registrable offences; and\n\t(b)\tthe period of time since those offences were committed; and\n\t(c)\twhether the registrable offender has ever been subject to a restraining order under section 99AA of the Summary Procedure Act 1921; and \n\t(ca)\twhether the registrable offender has ever been subject to a declaration under Part 2A or an order under section 15A; and\n\t(d)\tthe age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and\n\t(e)\tthe registrable offender's present age; and\n\t(f)\tthe registrable offender's total criminal record; and\n\t(g)\tany other matter the Court considers appropriate.\n39—Commissioner is party to application\nThe Commissioner is a party to an application under section 37(2) and may make any submission to the Supreme Court in respect of the application.\n40—No costs to be awarded\nThe Supreme Court may not award costs in respect of proceedings under this Division.\n41—Restriction on right of unsuccessful applicant to re-apply for order\nA registrable offender in respect of whom the Supreme Court refuses to make an order under this Division is not entitled to make a further application to the Court until 5 years have elapsed from the date of the refusal, unless the Court otherwise orders at the time of the refusal.\n42—Cessation of order\n\t(1)\tAn order made under this Division ceases to have effect if, at any time after the making of the order, the registrable offender—\n\t(a)\tis made subject to a child sex offender registration order; or\n\t(ab)\tis charged with a class 1 or class 2 offence; or\n\t(b)\tis found guilty of a class 1 or class 2 offence; or\n\t(c)\tbecomes a foreign registrable offender who must under section 35 continue to comply with the reporting obligations imposed by this Part for any period.\n\t(2)\tAn order that ceased to have effect in accordance with subsection (1) is revived—\n\t(a)\tin the case of an order that ceased to have effect in accordance with subsection (1)(a)—if the child sex offender registration order is quashed by a court or the registrable offender's finding of guilt in respect of the offence that resulted in the making of that order is quashed or set aside by a court; or\n\t(ab)\tin the case of an order that ceased to have effect in accordance with subsection (1)(ab)—if the charge against the registrable offender that caused the order to cease to have effect is withdrawn or otherwise discontinued, or the registrable offender is found not guilty in respect of the charge; or\n\t(b)\tin any other case—if the finding of guilt that caused the order to cease to have effect is quashed or set aside by a court.\n\t(3)\tFor the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a child sex offender registration order or a finding of guilt.\n43—Application for new order\n\t(1)\tIf an order ceases to have effect in accordance with section 42(1), the registrable offender may apply under this Division for a new order.\n\t(2)\tSection 41 does not apply with respect to an application referred to in subsection (1).\n\t(3)\tIf an order ceases to have effect in accordance with section 42(1)(ab), (b) or (c), on an application under this Division for a new order, section 37(2)(a) applies as if the period referred to were a period of 15 years (ignoring any period during which he or she was in government custody) since he or she last committed a registrable offence or a foreign registrable offence.\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Offences","content":"Division 7—Offences\n44—Offences of failing to comply with reporting obligations\n\t(1)\tA registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(1a)\tA registrable offender must not fail to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse.\n\t(2)\tIn determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters:\n\t(a)\tthe person's age;\n\t(b)\twhether the person has a disability that affects the person's ability to understand, or to comply with, those obligations;\n\t(c)\twhether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances;\n\t(d)\tany other matter the court considers appropriate.\n\t(3)\tIt is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.\n45—Offences of furnishing false or misleading information\n\t(1)\tA person must not, in purported compliance with this Part, furnish information that the person knows to be false or misleading in a material particular.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA person must not, in purported compliance with this Part, furnish information in relation to reportable contact with a child that the person knows to be false or misleading in a material particular.\nMaximum penalty: $25 000 or imprisonment for 5 years.\n46—Time limit for prosecutions\nProceedings for an offence against this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed unless the Attorney‑General authorises the commencement of the proceedings at a later time.\n47—Bar to prosecution for failing to report leaving South Australia\n\t(1)\tThis section applies if a registrable offender leaves South Australia and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding law.\n\t(2)\tThe registrable offender is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of South Australia.\n","sortOrder":10},{"sectionNumber":"Div 8","sectionType":"division","heading":"Notification of reporting obligations","content":"Division 8—Notification of reporting obligations\n48—Notice to be given to registrable offender\n\t(1)\tThe Commissioner must give a registrable offender written notice of—\n\t(a)\this or her reporting obligations; and\n\t(b)\tthe consequences that may arise if he or she fails to comply with those obligations.\n\t(2)\tA registrable offender is to be given a notice under this section as soon as practicable after any of the following events happens:\n\t(a)\the or she is sentenced for a registrable offence in South Australia or made subject to a child sex offender registration order in South Australia;\n\t(b)\the or she is released from government custody in South Australia (whether in government custody for a registrable offence or not);\n\t(c)\the or she enters South Australia, if he or she has not previously been given notice of his or her reporting obligations in South Australia;\n\t(d)\the or she becomes a foreign registrable offender, if he or she is in South Australia at that time;\n\t(e)\ta declaration relating to him or her is made or revoked under Part 2A;\n\t(f)\ta declaration relating to his or her reporting obligations is made, varied or revoked under section 15A;\n\t(g)\ta declaration relating to his or her reporting obligations is made, varied or revoked under Part 5A;\n\t(h)\ta requirement to carry or wear a tracking device is issued, varied or revoked under section 66N.\n\t(3)\tDespite anything in this Division, the regulations may provide that a notice given under this section is not required to specify the registrable offender's reporting period if the regulations require a notice containing that information to be given at the time the registrable offender reports his or her personal details to the Commissioner.\n49—Courts to provide information to Commissioner\n\t(1)\tThis section applies if a court—\n\t(a)\tmakes an order or imposes a sentence that has the effect of making a person a registrable offender for the purposes of this Act; or\n\t(b)\timposes a sentence on a person in relation to a registrable offence; or\n\t(c)\tmakes an order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act.\nExample—\nParagraph (c) would apply, for instance, if a court on appeal quashes a person's finding of guilt in relation to a class 1 or class 2 offence in respect of which he or she had been sentenced and that was the only offence in respect of which he or she had ever been found guilty.\n\t(2)\tThe court must ensure that details of the order or sentence are provided to the Commissioner as soon as practicable after the making or imposition of the order or sentence.\ncourt does not include a court of a foreign jurisdiction.\n50—Notice to be given when reporting period changes\n\t(1)\tThis section applies to a registrable offender whose reporting period has changed since he or she was last notified of his or her reporting period in South Australia.\n\t(2)\tThe Commissioner must give (or cause to be given) written notice to the registrable offender as soon as practicable after the change and in any event no later than the time the offender next reports in accordance with this Act.\n51—Supervising authority to notify Commissioner of certain events\n\t(1)\tThis section applies if a registrable offender—\n\t(a)\tceases to be in government custody; or\n\t(b)\tceases to be subject to a supervised sentence; or\n\t(c)\tceases to be subject to a condition of parole requiring the person to be subject to supervision; or\n\t(d)\tceases to be an existing licensee,\nregardless of the reason why the registrable offender was in custody, was subject to the sentence, was on parole or was a licensee.\n\t(2)\tAs soon as practicable before or after the relevant event listed in subsection (1) occurs, the supervising authority is to give written notice of the event to the Commissioner.\n\t(3)\tThe notice must include any details required by the regulations. \n52—Notices may be given by Commissioner\nThe Commissioner may, at any time, cause written notice to be given to a registrable offender of—\n\t(a)\this or her reporting obligations; and\n\t(b)\tthe consequences that may arise if he or she fails to comply with those obligations.\n53—Failure to comply with procedural requirements does not affect registrable offender's obligations\nA failure by a person other than a registrable offender to comply with any procedural requirement imposed on the person by this Part or the regulations does not, of itself, affect a registrable offender's reporting obligations.\nThis section aims to prevent a registrable offender who was not given notice of a reporting obligation by an official as required by this Part from arguing that the obligation does not apply to him or her as a result of that failure if there is evidence that the registrable offender was aware of the obligation through some other means. (If there is no such evidence then the registrable offender would have a defence to the charge under section 44(3) on the basis that he or she was not aware of the obligation.)\n","sortOrder":11},{"sectionNumber":"Div 9","sectionType":"division","heading":"Modified reporting procedures for protected witnesses","content":"Division 9—Modified reporting procedures for protected witnesses\n54—Who this Division applies to\n\t(1)\tThis Division applies to each of the following:\n\t(a)\ta registrable offender who is currently a participant in the State Witness Protection Program;\n\t(b)\ta registrable offender who is the subject of an order in force under this Division declaring that he or she is a person to whom this Division applies.\n\t(2)\tThis Division (except sections 56 to 58) also applies to a registrable offender who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection.\n\t(3)\tIn this Division—\nState Witness Protection Program has the same meaning as in the Witness Protection Act 1996.\nSection 6(5) excludes from the definition of registrable offender persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as such persons under a corresponding law that is so prescribed.\n55—Report need not be made in person\nIt is sufficient compliance with the requirements of this Part—\n\t(a)\tif a person to whom this Division applies reports such of the information that he or she is required to report under this Part as the Commissioner requires him or her to report and does so at the times, and in a manner, authorised by the Commissioner for the purposes of this section; and\n\t(b)\tif the acknowledgment of the making of a report is given in a manner approved by the Commissioner.\n56—Order as to whether Division applies\n\t(1)\tThe Commissioner must make an order declaring that a registrable offender who is a participant in the State Witness Protection Program either is, or is not, a person to whom this Division applies—\n\t(a)\twhen the registrable offender ceases to be a participant in the program as a consequence of a request under section 15(1)(a) of the Witness Protection Act 1996; or\n\t(b)\twhen the Deputy Commissioner makes a decision under section 15(1)(b) of the Witness Protection Act 1996 that the protection and assistance provided to the registrable offender under the program be terminated.\n\t(2)\tOn making such an order, the Commissioner must take reasonable steps to notify the registrable offender of the terms of the order. \n\t(3)\tA person who receives such a notification may, within 28 days after receiving it, apply in writing to the Commissioner for a review of the order.\n\t(4)\tOn receiving an application for a review, the Commissioner—\n\t(a)\tmust review the order, and confirm or reverse it; and \n\t(b)\tbefore making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and\n\t(c)\tafter making a decision on the matter, must give written notice of the decision to the applicant.\n\t(5)\tIf the decision of the Commissioner is to confirm the order, the notice of the decision must inform the applicant of his or her rights under section 57.\n57—Appeal to District Court\n\t(1)\tA person who is aggrieved by a decision of the Commissioner in relation to an order under this Division may appeal against the decision to the Administrative and Disciplinary Division of the District Court.\n\t(2)\tSubject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(3)\tThe Commissioner must, on application by a person affected by a decision that may be the subject of an appeal, give the person a written statement of the reasons for the decision.\n\t(4)\tIf a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the person affected by the decision, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the person receives the written statement of reasons.\n58—When order takes effect\n\t(1)\tAn order declaring that this Division applies to a registrable offender takes effect immediately.\n\t(2)\tAn order declaring that this Division does not apply to a registrable offender takes effect—\n\t(a)\tat the end of 28 days after notice of the making of the order is given to the registrable offender; or\n\t(b)\tif an application referred to in section 56(3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in section 56(4)(c); or\n\t(c)\tif an appeal is instituted under section 57, on the date on which the appeal is determined,\n59—Modification of ongoing reporting obligations\nSections 13(1), 17 to 20 and 47 apply with respect to a person to whom this Division applies as if any reference in them to South Australia were a reference to the jurisdiction in which the person generally resides.\n","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"The register of child sex offenders","content":"Part 4—The register of child sex offenders\n60—Register of child sex offenders\n\t(1)\tThe Commissioner is to establish and maintain a register of registrable offenders.\n\t(2)\tThe register is to contain the following information in respect of each registrable offender (to the extent that it is known by the Commissioner):\n\t(a)\tthe registrable offender's name and other identifying particulars;\n\t(b)\tdetails of each class 1 or class 2 offence of which the registrable offender has been found guilty or with which he or she has been charged;\n\t(c)\tdetails of each offence of which the registrable offender has been found guilty that resulted in the making of a child sex offender registration order;\n\t(d)\tdetails of each restraining order made against the registrable offender under section 99AA of the Summary Procedure Act 1921;\n\t(e)\tthe date on which the registrable offender was sentenced for any registrable offence;\n\t(f)\tthe date on which the registrable offender ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during his or her reporting period;\n\t(fa)\tif a declaration relating to the registrable offender is made or revoked under Part 2A—the date on which the declaration was made or revoked;\n\t(g)\tany information reported in respect of the registrable offender under Part 3;\n\t(ga)\tif a declaration relating to the registrable offender is made, varied or revoked under Part 5A—details of the declaration, variation or revocation;\n\t(gb)\tif a requirement has been issued in relation to the registrable offender under section 66N—the date on which the requirement came into force and, if the requirement has ceased to be in force, the date on which the requirement so ceased;\n\t(h)\tany other information that the Commissioner considers appropriate to include in the register.\n61—Access to register to be restricted\n\t(1)\tThe Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the Commissioner in accordance with guidelines approved in accordance with this section.\n\t(2)\tThe Commissioner must develop guidelines in relation to access to the register to ensure that access to information contained in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.\n\t(3)\tGuidelines developed under this section must be approved by the Minister.\n\t(4)\tFor the purposes of this section, the register includes any information from any register maintained under a corresponding law that is accessible by the Commissioner, regardless of whether or not that information is physically part of the register.\n\t(5)\tThis section has effect despite any other Act or law to the contrary.\n62—Restriction on who may access personal information on protected witnesses\nThe Commissioner must ensure that information in the register about a person to whom Part 3 Division 9 applies that identifies, or might identify, the person cannot be accessed other than by a person authorised by the police officer or officer of an approved authority (within the meaning of the Witness Protection Act 1996) responsible for the day to day operation of the State Witness Protection Program.\n63—Registrable offender's rights in relation to register\n\t(1)\tIf asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with a copy of all the reportable information that is held in the register in relation to the registrable offender.\n\t(2)\tThe Commissioner must comply with subsection (1) as soon as practicable after being asked to do so.\n\t(3)\tA registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information).\n\t(4)\tThe Commissioner must take reasonable steps to notify the registrable offender as to whether a request under subsection (3) is to be complied with.\n\t(5)\tIf the Commissioner refuses to comply with such a request, the registrable offender may, within 1 month after receiving notification of that decision, apply in writing to the Ombudsman for a review of the decision.\n\t(6)\tIn conducting a review under this section, the Ombudsman may exercise the same powers as it may exercise in conducting a review of a determination under the Freedom of Information Act 1991.\n\t(7)\tIn this section—\nreportable information means any information supplied to the Commissioner by, or on behalf of, the registrable offender that the registrable offender is required to report to the Commissioner and that is still held in the register.\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registrable offenders prohibited from particular work","content":"Part 5—Registrable offenders prohibited from particular work\n64—Interpretation\n\t(1)\tIn this Part—\nchild-related work means work involving contact with a child in connection with any of the following:\n\t(a)\tpre-schools or kindergartens;\n\t(b)\tchild care centres;\n\t(c)\teducational institutions for children;\n\t(d)\tchild protection services;\n\t(e)\tjuvenile detention centres;\n\t(f)\trefuges or other residential facilities used by children;\n\t(g)\tfoster care for children;\n\t(h)\thospital wards or out-patient services (whether public or private) in which children are ordinarily patients;\n\t(i)\tovernight camps regardless of the type of accommodation or of how many children are involved;\n\t(j)\tclubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement;\n\t(k)\tprograms or events for children provided by any institution, agency or organisation;\n\t(ka)\tbusinesses or undertakings in which children are employed;\n\t(l)\treligious or spiritual organisations;\n\t(m)\tcounselling or other support services for children;\n\t(n)\tcommercial baby sitting or child minding services;\n\t(o)\tcommercial tuition services for children;\n\t(p)\tservices for the transport of children,\nand includes work in connection with taxi services and hire car services (whether or not the work involves contact with a child);\ncommercial baby sitting or child minding services means baby sitting or child minding services that are provided on payment of a fee or reward;\ncommercial tuition services means tuition services (including of a cultural, recreational or sporting nature) that are provided on payment of a fee or reward;\ncontact means any form of contact between a person and a child and includes—\n\t(a)\tany form of physical contact; and\n\t(b)\tany form of oral communication, whether face to face or by telephone; and\n\t(c)\tany form of written communication, including electronic communication;\neducational institutions for children includes Government and non‑Government schools within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011 but does not include institutions the principal function of which is the education of students at the tertiary level;\nofficer—\n\t(a)\tin relation to a body corporate that is a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, has the same meaning as in section 9 of that Act; and\n\t(b)\tin relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;\nwork means—\n\t(a)\tperformance of work—\n\t(i)\tunder a contract of employment or a contract for services (whether written or unwritten); or\n\t(ii)\tas a self-employed person or as a sub-contractor; or\n\t(iii)\tas a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(b)\tundertaking practical training as part of an educational or vocational course; or\n\t(c)\tperformance of work as a volunteer including the performance of unpaid community work in accordance with an order of a court.\n\t(2)\tFor the purposes of this Act (and without limiting the circumstances in which a person may be found to be engaged in child-related work) a person is engaged in child-related work if he or she is—\n\t(a)\tan officer of a body corporate that is engaged in child-related work; or\n\t(b)\ta member of the committee of management of an unincorporated body or association that is engaged in child-related work; or\n\t(c)\ta member of a partnership that is engaged in child-related work.\n\t(3)\tFor the purposes of this Part, proceedings in relation to an offence are finalised if—\n\t(a)\ta decision is made not to lay a charge in relation to the offence; or\n\t(b)\ta charge of the offence is withdrawn or proceedings for the offence are otherwise discontinued; or\n\t(c)\ta court has determined a charge of the offence.\n65—Registrable offender excluded from child-related work\n\t(1)\tA registrable offender must not—\n\t(a)\tapply for; or\n\t(b)\tengage in,\nwork that is child-related work.\n\t(2)\tIn proceedings for an offence against subsection (1), it is a defence to the charge for the accused to prove that, at the time the offence is alleged to have been committed, he or she did not know that the work was child-related work.\n65A—Offence to fail to disclose certain matters to Commissioner\n\t(1)\tThe Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence a written notice (in a form determined by the Commissioner)—\n\t(a)\trequiring the person to provide the Commissioner—\n\t(i)\twith information as to whether or not he or she currently engages in any work and the nature of that work (within a time specified in the notice); and\n\t(ii)\twith information about the nature of any work that he or she applies for, or commences engaging in, at any time before proceedings in relation to the offence have been finalised (within a specified period after so applying for, or commencing engaging in, the work); and\n\t(b)\tcontaining any other information the Commissioner thinks fit as to the operation of this Part.\n\t(2)\tA person must not fail to comply with a notice given to the person under this section.\n\t(3)\tA police officer—\n\t(a)\tmay make such enquiries as the officer thinks necessary to verify information required under a notice; and\n\t(b)\tmay (despite any Act or law) advise any employer or prospective employer of a person arrested or reported for a class 1 or class 2 offence that the person has been so arrested or reported and provide the employer or prospective employer with details of the offence.\n\t(4)\tA notice under this section must be served on the person to whom the notice relates personally and is not binding on the person until so served.\n\t(5)\tA police officer may, for the purpose of serving a notice on a person under this section—\n\t(a)\trequire the person to remain at a particular place for—\n\t(i)\tso long as may be necessary for the notice to be served on the person; or\n\t(ii)\t2 hours,\nwhichever is the lesser; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).\n\t(6)\tIn this section—\nemployer includes any person for whom work is performed.\n66—Offence to fail to disclose arrest or report\n\t(1)\tA person engaged in child‑related work (including work under a contract for services) who is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised).\n\t(2)\tA person who applies for work (including work under a contract for services) that is child‑related work and who has been arrested or reported for a class 1 or class 2 offence must, if proceedings in relation to the offence have not been finalised, disclose the arrest or report to his or her prospective employer at the time of making the application.\n\t(3)\tA person who has (whether before or after the commencement of this subsection) applied for work (including work under a contract for services) that is child‑related work and who, while the application is still current, is arrested or reported for a class 1 or class 2 offence must disclose that fact to his or her prospective employer within 7 days after being so arrested or reported or, in the case of a person so arrested or reported before the commencement of this subsection, within 7 days after that commencement (if he or she has not already disclosed that fact to his or her employer and proceedings relating to the offence have not been finalised).\n\t(4)\tThis section does not apply to a person arrested or reported for a class 1 or class 2 offence if that offence was allegedly committed by the person while he or she was a child.\n\t(5)\tThe Commissioner may give a person who is arrested or reported for a class 1 or class 2 offence written notice (in a form determined by the Commissioner) advising the person of—\n\t(a)\tthe requirements under this section; and\n\t(b)\tthe consequences that may arise if the person fails to comply with those obligations.\n\t(6)\tIf a person is given a notice under subsection (5), the Commissioner must ensure—\n\t(a)\tthat a determination is made, within a reasonable time, as to whether to charge the person with a class 1 or class 2 offence; and\n\t(b)\tif a determination is made that the person should not be charged with a class 1 or class 2 offence, that the person is given written notice of that determination.\n\t(7)\tIn proceedings for an offence against this section, it is a defence to the charge for the accused to prove that, at the time the offence against this section is alleged to have been committed—\n\t(a)\the or she had not received notice, and was otherwise unaware, of the obligation; or\n\t(b)\the or she did not know that the work was child‑related work.\n\t(8)\tIn this section—\nemployer includes any person for whom child‑related work is performed.\n","sortOrder":14},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Exemptions, modifications and suspensions granted by Commissioner","content":"Part 5A—Exemptions, modifications and suspensions granted by Commissioner\n66A—Interpretation\nIn this Part—\nreporting obligations includes the obligation to provide information to a parent or guardian under section 66L.\n66B—General power of Commissioner to make declaration\n\t(1)\tA registrable offender may apply to the Commissioner for a declaration—\n\t(a)\tmodifying his or her reporting obligations; or\n\t(b)\texempting him or her from the operation of Part 5 or specified provisions of Part 5 (either generally or in respect of specified classes of child‑related work).\n\t(2)\tThe Commissioner may refuse to consider an application unless the registrable offender undergoes a risk assessment of a kind determined by the Commissioner (and in accordance with any instructions of the Commissioner).\n\t(3)\tAny costs associated with the conduct of a risk assessment required by the Commissioner under subsection (2) must be paid by the applicant.\n\t(4)\tSubject to subsection (5a), the Commissioner may only make a declaration in relation to a registrable offender under this section if—\n\t(a)\tthe relevant offences were offences against section 49(3), 56 or 58 of the Criminal Law Consolidation Act 1935; and\n\t(b)\tthe offender has been a registrable offender for a period of 12 months or more and has complied with this Act during that period; and\n\t(c)\tthe Commissioner is satisfied that the offender does not pose a risk to the safety and well‑being of children.\n\t(5)\tSubject to subsection (5a), the Commissioner may not make a declaration in relation to a registrable offender under this section if—\n\t(a)\tthere was more than 1 victim of the relevant offences; or\n\t(b)\tthe offender was more than 10 years older than the victim at the time of any relevant offence; or\n\t(c)\tthe victim of any relevant offence was less than 14 years old; or\n\t(d)\tany relevant offence was committed in connection with child‑related work engaged in by the offender.\n\t(5a)\tIf a registrable offender applies for a declaration exempting them from the operation of Part 5 or specified provisions of Part 5 in respect of work that is only child‑related work by virtue of paragraph (ka) of the definition of that term in section 64, subsections (4) and (5) of this section do not apply and the Commissioner may only make the declaration if—\n\t(a)\tthe relevant offences were not committed in connection with any child‑related work; and\n\t(b)\tthe Commissioner is satisfied that the offender does not pose a risk to the safety and well‑being of children employed in the business or undertaking that constitutes the child‑related work.\n\t(6)\tA declaration may be made subject to such conditions as the Commissioner thinks fit.\n\t(7)\tIn deciding whether to make the declaration and the terms of any such declaration, the Commissioner must take into account—\n\t(a)\tany risk assessment undertaken in relation to the offender; and\n\t(b)\tany other offending by the registrable offender; and\n\t(c)\tany victim impact statement; and\n\t(d)\tthe sentencing remarks relating to each relevant offence, \nand may take into account any other matter the Commissioner considers appropriate.\nThe Commissioner may, for example, consider whether the victim consented to conduct involved in the offence or whether there was grooming involved in the offence, or other conduct that might indicate the risk of further offending.\n\t(8)\tIn this section—\nrelevant offence, in relation to a registrable offender, means an offence that has resulted in him or her becoming a registrable offender.\n66C—Power to make declaration suspending reporting obligations of registrable offender with disability\nThe Commissioner of Police may, of his or her own motion or on application by a person, suspend a registrable offender's reporting obligations if satisfied that the registrable offender—\n\t(a)\thas a disability that makes it impossible for the offender to satisfy his or her reporting obligations; and\n\t(b)\tdoes not pose a risk to the safety and well‑being of children.\n66D—General provisions relating to declarations under Part\n\t(1)\tAn application by a person for a declaration under this Part—\n\t(a)\tmust be made in a manner and form determined by the Commissioner; and\n\t(b)\tmust be accompanied by the fee (if any) prescribed by the regulations; and\n\t(c)\tmay not be made if less than 12 months have elapsed since the last application made by the person under this Part.\n\t(2)\tA declaration under this Part may apply for a specified period or for the remainder of the reporting period (as the Commissioner thinks fit).\n\t(3)\tThe Commissioner may, at any time, vary a declaration relating to a person under this Part.\n\t(4)\tThe Commissioner may only revoke a declaration relating to a person under this Part if—\n\t(a)\tthe person is charged for a class 1 or class 2 offence; or\n\t(b)\tthere is a change in any of the grounds on which the declaration was made.\n\t(5)\tThe Commissioner must give a registrable offender written notice as soon as practicable after a declaration exempting the offender from the operation of Part 5, or specified provisions of Part 5, is made, varied or revoked.\nSee also section 48(2)(g) in relation to the giving of notice in respect of declarations relating to reporting obligations.\n66E—Appeal to District Court\n\t(1)\tA registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court.\n\t(2)\tSubject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(3)\tThe Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision.\n\t(4)\tIf a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.\n","sortOrder":15},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Publication of information about registrable offenders","content":"Part 5B—Publication of information about registrable offenders\n66EA—Delegation by Commissioner\nDespite section 19 of the Police Act 1998, the Commissioner must not delegate a function or power under this Part except to a Deputy Commissioner or Assistant Commissioner of Police.\n66EB—Commissioner not required to publish or provide information\nNothing in this Part requires the Commissioner to publish or provide information about any registrable offender or other person.\n66EC—Restriction on publication or provision of information about protected witnesses\nNothing in this Part requires or authorises the Commissioner to publish or provide information about a person to whom Part 3 Division 9 applies.\n66ED—Restriction on publication or provision of information about children in care\nNothing in this Part requires the Commissioner to publish or provide information if to do so may identify, directly or indirectly, a child or young person who is under the guardianship or in the custody of the Chief Executive under the Children and Young People (Safety) Act 2017.\n66F—Commissioner may publish personal details of certain registrable offenders\n\t(1)\tThe Commissioner may publish, on a website maintained by the Commissioner, any or all of the personal details of a registrable offender (other than a registrable offender who is a child) if—\n\t(a)\tthe Commissioner is satisfied that the registrable offender—\n\t(i)\thas failed to comply with any of his or her reporting obligations; or\n\t(ii)\tin purported compliance with Part 3, has provided information that is false or misleading in a material particular; and\n\t(b)\tthe registrable offender's whereabouts are not known to the Commissioner.\n\t(1a)\tFor the avoidance of doubt, information published by the Commissioner under this section (whether before or after the commencement of this subsection) may specify that the person to whom it relates is a registrable offender.\n\t(2)\tThe Commissioner may at any time—\n\t(a)\tremove any or all of the personal details of a registrable offender from the website on which they are published under subsection (1); or\n\t(b)\tagain publish under subsection (1) any or all of the personal details of the registrable offender after their removal under paragraph (a).\n\t(3)\tIf—\n\t(a)\tthe Commissioner has published any personal details of a registrable offender under subsection (1); and\n\t(b)\tthe registrable offender subsequently reports his or her whereabouts to the Commissioner under Part 3,\nthe Commissioner must, as soon as is practicable after receiving the report, remove those personal details from the website on which they are published.\n\t(4)\tThe Commissioner may not publish any personal details of the offender under this Part that are provided under section 13(1)(f) or (g) before notifying any party to whom the personal details relate (or a representative of the party) unless such disclosure would compromise a police investigation.\n\t(5)\tIn this section—\npersonal details, in relation to a registrable offender—\n\t(a)\tincludes a photograph of the offender; but\n\t(b)\tdoes not include any details that the offender reports under section 13(1)(e) or (ea) or any other details that would identify a child.\n66FA—Commissioner may provide person with image of certain registrable offenders\n\t(1)\tThis section applies to a registrable offender, other than a registrable offender who is a child, where—\n\t(a)\tafter becoming a registrable offender the registrable offender has committed and been found guilty of (whether before or after the commencement of this section) a further—\n\t(i)\tclass 1 offence; or\n\t(ii)\tclass 2 offence; or\n\t(iii)\tother sexual offence committed against a child; or\n\t(b)\tthe registrable offender—\n\t(i)\thas committed and been found guilty of a prescribed offence; and\n\t(ii)\tis subject to an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015,\nbut does not apply to a registrable offender if a court has ordered that the registrable offender's image is not to be distributed; or\n\t(c)\tthe Commissioner is satisfied that the registrable offender poses a risk to the lives or sexual safety of one or more persons, or persons generally.\n\t(2)\tA person may, in accordance with the regulations, apply to the Commissioner for information in relation to certain registrable offenders who reside in their locality.\n\t(3)\tThe application must—\n\t(a)\tbe made in a manner and form determined by the Commissioner; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(4)\tThe applicant must provide, in support of the application, such evidence as may reasonably be required by the Commissioner.\n\t(5)\tIf the Commissioner approves the application, the Commissioner may, subject to this section, provide the applicant with images of registrable offenders who reside in their locality (whether obtained under this section or otherwise).\n\t(6)\tIf the Commissioner proposes to provide an image or images of a registrable offender to whom subsection (1)(b) applies, the Commissioner must give written notice of the application to the Chief Executive.\n\t(7)\tIn determining whether to provide an image of a registrable offender under subsection (5) the Commissioner—\n\t(a)\tmust have regard to whether the provision of the image is reasonably likely to identify a victim of the registrable offender; and\n\t(b)\tmay have regard to any matter the Commissioner considers relevant.\n\t(8)\tIn determining whether a registrable offender poses a risk to the lives or sexual safety of one or more persons or persons generally for the purposes of subsection (1)(c), the Commissioner may take into account the following:\n\t(a)\tany medical, psychiatric, psychological or other assessment relating to the registrable offender;\n\t(b)\tany information indicating whether or not the registrable offender is likely to commit a prescribed offence in the future;\n\t(c)\twhether or not there is any pattern of offending behaviour on the part of the registrable offender;\n\t(d)\tthe registrable offender's antecedents and the seriousness of their total criminal record;\n\t(e)\tthe registrable offender's age and the age of any victims of any offences by the registrable offender at the time those offences were committed;\n\t(f)\tthe difference in age between the registrable offender and any victims of those offences;\n\t(g)\tany other matter the Commissioner considers relevant.\n\t(9)\tThe Commissioner may, by notice in writing, direct a registrable offender to whom this section applies to attend a specified police station within a specified period for the purpose of being photographed for the purposes of this section.\n\t(10)\tA police officer may take, or may cause to be taken, photographs of a registrable offender attending a police station under subsection (9) and may for that purpose give directions to the registrable offender.\n\t(11)\tA registrable offender must not fail to comply with a direction under this section without a reasonable excuse.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(12)\tExcept as may be required by the regulations, the Commissioner is not required to provide procedural fairness in exercising their power under subsection (5).\n\t(13)\tIn this section—\nChief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982;\nlocality, of a person, means a description of the general locality, such as the town or suburb, in which the person resides;\nprescribed offence means—\n\t(a)\ta serious sexual offence within the meaning of the Criminal Law (High Risk Offenders) Act 2015; or\n\t(b)\ta class 1 offence; or\n\t(c)\ta class 2 offence.\n66FB—Commissioner may inform child's parent or guardian whether specified person is a registrable offender\n\t(1)\tA person may, in accordance with the regulations, apply to the Commissioner to be informed whether or not a person specified in the application (the specified person), other than a person who is a child, is a registrable offender.\n\t(2)\tThe application must—\n\t(a)\tbe made in a manner and form approved by the Commissioner; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(3)\tThe applicant must provide, in support of the application, such evidence as may reasonably be required by the Commissioner.\n\t(4)\tIf the Commissioner is satisfied that the specified person has regular unsupervised contact with a child of whom the applicant is a parent or guardian, the Commissioner may inform the applicant—\n\t(a)\twhether or not the specified person is a registrable offender; and\n\t(b)\twhat the offence or offences were that resulted in the specified person becoming a registrable offender; and\n\t(c)\tany other information the Commissioner thinks relevant.\n\t(5)\tIn determining whether to inform the applicant the Commissioner—\n\t(a)\tmust have regard to whether to do so is reasonably likely to identify a victim of the registrable offender; and\n\t(b)\tmay have regard to any matter the Commissioner considers relevant.\n\t(6)\tExcept as may be required by the regulations, the Commissioner is not required to provide procedural fairness in exercising their power under subsection (4).\n\t(7)\tFor the purposes of this section, a person has regular unsupervised contact with a child if, on at least 3 days (whether consecutive or not) in any period of 12 months—\n\t(a)\tthe person has contact with the child consisting of any form of physical contact or close physical proximity to the child; and\n\t(b)\tthe contact with the child occurs where the person is the only adult present.\n66G—Commissioner may take into account certain matters\n\t(1)\tIn determining whether or not—\n\t(a)\tto publish any personal details of a registrable offender under section 66F(1) (identifying information); or\n\t(b)\tto remove identifying information from a website under section 66F(2),\nthe Commissioner may take into account the matters listed in subsection (2).\n\t(2)\tFor the purposes of subsection (1) the following matters are relevant:\n\t(a)\twhether the publication of the identifying information about the person would interfere with—\n\t(i)\tan investigation by police officers in relation to the person; or\n\t(ii)\tthe person's compliance with the reporting obligations of this Act; or\n\t(iii)\tthe operation of any order or requirement under a written law to which the person is subject;\n\t(b)\twhether the publication of the identifying information about the person might identify a victim of an offence, or the school attended by a victim of an offence, committed by the person;\n\t(c)\tthe effect that the publication of the identifying information about the person might have on a victim of an offence committed by the person;\n\t(d)\twhether, in statements made by the victim to the Commissioner, the publication of the identifying information about the person has been supported or opposed by a victim of an offence committed by the person;\n\t(e)\twhether the publication of the identifying information about the person would increase the risk of the person committing offences;\n\t(f)\tthe Commissioner's assessment of the benefit to the community of the publication of the identifying information about the person;\n\t(g)\tif the identifying information is about a person who is awaiting trial on a charge of an offence—whether the publication of the identifying information might prejudice the fair trial of the person;\n\t(h)\tany other matter the Commissioner considers relevant.\n\t(3)\tBefore publishing identifying information, the Commissioner must take reasonable steps to consult with any persons that the Commissioner believes may be adversely affected by publication of the information.\n66H—Protection as to publication and other provision of information\n\t(1)\tIf the Commissioner determines in good faith—\n\t(a)\tto publish or provide any information under this Part; or\n\t(b)\tnot to publish or provide any information under this Part,\nno civil or criminal liability attaches to the Commissioner or the Crown by reason of publishing or providing that information or omitting to publish or provide that information.\n\t(2)\tIf information is published or provided by the Commissioner under this Part, that publication or provision of information is not to be regarded—\n\t(a)\tas a breach of any duty of confidentiality or secrecy imposed by law; or\n\t(b)\tas a breach of professional ethics or standards or as unprofessional conduct.\ninformation includes identifying information referred to in section 66G.\n66I—Conduct intended to incite animosity towards or harassment of identified offenders and other people\n\t(1)\tA person must not engage in any conduct, otherwise than in private, by which the person intends to create, promote or increase animosity towards, or harassment of, a person as an identified offender or as a person associated with an identified offender.\nMaximum penalty: Imprisonment for 10 years.\n\t(2)\tA person must not engage in any conduct, otherwise than in private, that is likely to create, promote or increase animosity towards, or harassment of, a person as an identified offender or as a person associated with an identified offender.\n\t(3)\tA reference in subsection (1) or (2) to conduct includes a reference to conduct occurring on a number of occasions over a period of time.\n\t(4)\tFor the purposes of subsection (1) or (2), conduct is taken not to occur in private if it—\n\t(a)\tconsists of any form of communication with the public or a section of the public; or\n\t(b)\toccurs in a public place or in sight or hearing of people who are in a public place.\n\t(5)\tIn this section—\nanimosity towards a person means hatred of, or serious contempt for, the person;\nharassment includes threat, serious and substantial abuse and severe ridicule;\nidentified offender means a registrable offender whose personal details are published or otherwise provided by the Commissioner under this Part;\npersonal details, in relation to a registrable offender, includes a photograph of the offender;\npublic place includes—\n\t(a)\ta place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise; and\n\t(b)\ta privately owned place to which the public has access with the express or implied approval of, or without interference from, the owner, occupier or person who has the control or management of the place; and\n\t(c)\ta school, university or other place of education, other than a part of it to which neither students nor the public usually have access.\n66J—Publication, display and distribution of identifying information\n\t(1)\tA person must not, except in accordance with the written approval of the Minister, publish, distribute or display any identifying information.\n\t(1a)\tAn approval granted by the Minister for the purposes of this section may be subject to such conditions as the Minister thinks fit.\n\t(1b)\tIn determining whether or not to grant an approval, or the conditions to attach to an approval, the Minister may take into account the matters specified in section 66G(2) (as if the references to the Commissioner in section 66G(2)(f) and (h) were references to the Minister).\n\t(1c)\tIf the Minister, in good faith, grants an approval for the purposes of this section, no civil or criminal liability attaches to the Minister or the Crown by reason of the grant of that approval.\n\t(1d)\tIf the Commissioner removes any or all of the personal details of a registrable offender from the website on which they are published under section 66F, a person who has published on a website identifying information consisting of those personal details, or who is displaying such identifying information, must take reasonable steps to remove that information from the website or display.\n\t(2)\tIn this section—\ndisplay means display in or within view of a public place, as defined in section 66I(5);\ndistribute means distribute to the public or a section of the public;\nidentifying information means information that is identifiable as the information published or otherwise provided by the Commissioner under section 66F, 66FA or 66FB;\npublish means publish to the public or a section of the public.\n","sortOrder":16},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Control orders","content":"Part 5C—Control orders\n66JA—Court may make control order\n\t(1)\tThe Magistrates Court may, on application made by the Commissioner, make a control order relating to a registrable offender if satisfied on the balance of probabilities that—\n\t(a)\tthe registrable offender poses a risk to the safety and well‑being of any child or children; and\n\t(b)\tthe making of the order will reduce that risk.\n\t(2)\tIn considering whether or not to make a control order under this section, and in considering the terms of the control order, the Court must have regard to the following matters:\n\t(a)\tthe circumstances and seriousness of each offence in relation to which the person is a registrable offender, including—\n\t(i)\tthe age of the registrable offender at the time each offence was committed; and\n\t(ii)\tthe age of each victim of each offence as at the time the offence was committed; and\n\t(iii)\tthe differences between those ages;\n\t(b)\tthe period of time since each offence in paragraph (a) was committed (disregarding any period during which the registrable offender was in government custody);\n\t(c)\tthe registrable offender's total criminal record;\n\t(d)\tthe effect of the order sought on the registrable offender in comparison with the level of the risk that a further registrable offence may be committed by the registrable offender;\n\t(e)\twhether the registrable offender has breached a provision of this Act or a restraining order under Part 4 Division 7 of the Summary Procedure Act 1921 (including a foreign restraining order (within the meaning of the Summary Procedure Act 1921) registered under section 99H of that Act);\n\t(f)\tthe personal circumstances of the registrable offender such as age, accommodation, employment, physical and mental condition and integration into the community,\nand may have regard to any other matter the Court thinks fit.\n\t(3)\tThe Court may make a control order without being satisfied as to the matters in subsection (1) or having regard to the matters in subsection (2) if—\n\t(a)\tthe Commissioner and the registrable offender consent to the making of the order and its terms; and\n\t(b)\tit is in the interests of justice to make the order without being satisfied of, or having regard to, those matters.\n\t(4)\tIn considering whether it is in the interests of justice to make an order under subsection (3), the Court may have regard to the following:\n\t(a)\twhether the registrable offender has obtained legal advice in relation to the making of the order;\n\t(b)\twhether the registrable offender—\n\t(i)\thas impaired intellectual functioning; or\n\t(ii)\tis subject to a guardianship order (within the meaning of the Guardianship and Administration Act 1993); or\n\t(iii)\tis illiterate, or is not literate in the English language; or\n\t(iv)\tmay not, for some other reason, understand the effect of consenting to the making of the order.\n66JB—Terms of control order\n\t(1)\tA control order may prohibit or restrict any conduct, including (without limitation)—\n\t(a)\tassociating with, or communicating with, a specified person or persons of a specified class; or\n\t(b)\tbeing present at, or being in the vicinity of, a specified place or premises or a place or premises of a specified class; or\n\t(c)\tundertaking specified employment or employment of a specified kind; or\n\t(d)\tother conduct of a kind specified in the order.\n\t(2)\tThe Court must, on making or varying a control order in relation to a registrable offender, take all reasonable steps to explain to the registrable offender the terms of the control order and in particular—\n\t(a)\tthe registrable offender's obligations under the control order; and\n\t(b)\tthe consequences that may follow from a failure to comply with the control order.\n66JC—Interim control orders\n\t(1)\tThe Magistrates Court may, on an application under section 66JA, make an interim control order if the Court is satisfied that it is appropriate to do so in all of the circumstances.\n\t(2)\tAn interim control order may include any prohibition that may be included in a control order (and section 66JB(2) applies to the interim control order as if it were a control order).\n66JD—Duration of order\n\t(1)\tA control order remains in force for a period of 5 years or such lesser period as specified in the control order.\n\t(2)\tAn interim control order remains in force for the period specified by the Court in making the order, or until further order of the Court.\n66JE—Variation and revocation of order\n\t(1)\tThe Magistrates Court may, on application made by the Commissioner or the registrable offender to whom a control order or interim control order applies, vary or revoke the order.\n\t(2)\tA registrable offender may only apply under subsection (1) with the permission of the Court.\n\t(3)\tThe Court may only grant permission under subsection (2) if satisfied that—\n\t(a)\tthere has been a material change in circumstances relating to the registrable offender or the order; and\n\t(b)\tit is in the interests of justice to grant permission.\n\t(4)\tIn proceedings for the variation or revocation of a control order or interim control order—\n\t(a)\tthe Commissioner and the registrable offender are parties to the proceedings; but\n\t(b)\tin the case of an application made by the Commissioner, the Court may, if satisfied that the application has been served on the registrable offender, hear and determine the proceedings whether or not the registrable offender chooses to participate in the hearing.\n66JF—Offence to contravene or fail to comply with order\n\t(1)\tA person who contravenes or fails to comply with a control order or interim control order is guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tFor the purposes of determining whether a communication amounts to a breach of a control order or interim control order that prohibits or restricts certain communication, a registrable offender will be taken to have communicated with a specified person, or a person within a specified class, if the other person, in the circumstances of the communication, appears to be the specified person or within the specified class of person.\n\t(3)\tA person does not commit an offence against this section in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the order or was reckless as to that fact.\n66JG—Service of order\n\t(1)\tIf the Magistrates Court—\n\t(a)\tmakes an order imposing a control order or interim control order on a registrable offender; or\n\t(b)\tmakes an order, on application by the Commissioner, varying or revoking a control order or interim control order that has been imposed on a registrable offender,\nand the registrable offender is not present in Court at the time—\n\t(c)\tthe Commissioner must cause a copy of the order imposing, varying or revoking the control order or interim control order to be served on the registrable offender; and\n\t(d)\tin relation to the imposition or variation of a control order—the order does not take effect until a copy is served on the registrable offender.\n\t(2)\tIf the Commissioner is required to cause a copy of an order imposing, varying or revoking a control order or interim control order to be served on a registrable offender under subsection (1), a police officer may—\n\t(a)\trequire the registrable offender to remain at a particular place for so long as may be necessary for the order to be served; and\n\t(b)\tif the registrable offender refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the registrable offender in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the order to be served; or\n\t(ii)\t2 hours or such longer period as is approved by the Magistrates Court,\nwhichever is the lesser.\n\t(3)\tThe Magistrates Court may, on application by a police officer, extend a period of detention under this section if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 8 hours.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n66K—Change of name of registrable offender\n\t(1)\tA registrable offender must obtain the Commissioner's written permission before changing, or applying to change, the offender's name under the Births, Deaths and Marriages Registration Act 1996 or a law of another jurisdiction that provides for registration of a change of name.\n\t(2)\tIn deciding whether to give the permission, the Commissioner must consider each of the following:\n\t(a)\tthe safety of the registrable offender and other persons;\n\t(b)\tthe registrable offender's rehabilitation, care or treatment;\n\t(c)\twhether the proposed name change could be used to further an unlawful activity or purpose;\n\t(d)\twhether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime.\n\t(2a)\tThe Registrar under the Births, Deaths and Marriages Registration Act 1996—\n\t(a)\tmust not register a change of name of a registrable offender unless he or she has received a copy of the Commissioner's written permission; and\n\t(b)\tmust notify the Commissioner of a change of name of a registrable offender.\n\t(3)\tIf a court convicts a person of an offence against subsection (1), the court may, on application by the prosecution, declare a change of name registered under the Births, Deaths and Marriages Registration Act 1996 in relation to the person to be void (and the Registrar under that Act must, on being notified by the Commissioner of that declaration, correct the Register maintained under that Act).\n66L—Information to be provided to parents and guardians\n\t(1)\tA registrable offender who is to—\n\t(a)\tgenerally reside in the same household as that in which a child generally resides; or\n\t(b)\tstay overnight in a household in which a child is also staying overnight,\nmust, before doing so, tell each parent or guardian of the child who generally resides in the same household as the child—\n\t(c)\tthat he or she is a registrable offender under this Act; and\n\t(d)\twhat the offence or offences were that resulted in him or her becoming a registrable offender.\n\t(2)\tA serious registrable offender who has, or intends to have, reportable contact with a child must, as soon as practicable after the contact, or after forming the intention to have contact, tell an available responsible adult—\n\t(a)\tthat he or she is a serious registrable offender under this Act; and\n\t(b)\twhat the offence or offences were that resulted in him or her becoming a serious registrable offender.\navailable responsible adult, in relation to a serious registrable offender's contact with a child, means—\n\t(a)\ta parent or guardian of the child that is known to the serious registrable offender; or\n\t(b)\tan adult person apparently responsible for the supervision of the child at the time of the contact or when the serious registrable offender forms the intention to have the contact.\n66M—Powers of entry, search etc\n\t(1)\tA police officer may, for the purpose of ensuring compliance with this Act—\n\t(a)\tenter into, break open and search any premises that the police officer suspects on reasonable grounds are occupied by, or under the care, control or management of a registrable offender; and\n\t(b)\tstop and search a registrable offender, and anything in the possession of or under the control of the registrable offender.\n\t(2)\tThe police officer may exercise all or any of the following powers in connection with a search authorised under this section:\n\t(a)\tthe officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, at the premises or in the possession or under the control of the registrable offender;\n\t(b)\tthe officer may inspect any computer or device capable of storing electronic data at those premises or in the possession or under the control of the registrable offender;\n\t(c)\tthe officer may remove from the premises or from the registrable offender any computer or device capable of storing electronic data for the purpose of inspecting the computer or device.\n\t(3)\tIf a registrable offender is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, he or she must provide the police officer with that password, code or information or assist the police officer in performing that function.\nMaximum penalty: $25 000 or imprisonment for 5 years.\n\t(4)\tIf a registrable offender is convicted of an offence against subsection (3) in relation to a computer or device that is owned by him or her, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.\n\t(5)\tIf a computer or device removed from premises or from a registrable offender in accordance with this section is not to be seized and retained as evidence of an offence, the computer or device must be returned to the person from whom it was seized—\n\t(a)\tas soon as practicable following inspection of the computer or device; or\n\t(b)\twithin 2 months after the removal,\nwhichever occurs first.\n\t(6)\tA police officer exercising powers under this section may be assisted by such persons as he or she thinks necessary.\n\t(7)\tA police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose.\n\t(8)\tThis section is in addition to, and does not derogate from, any other police powers.\n66N—Tracking devices\n\t(1)\tThe Commissioner may, on such grounds as the Commissioner thinks fit, issue a requirement to a serious registrable offender that he or she wear or carry a tracking device supplied by the Commissioner for the purpose of monitoring his or her whereabouts (either at all times or at times specified by the Commissioner).\n\t(2)\tIf the Commissioner issues a requirement under this section, the serious registrable offender to whom it is issued must—\n\t(a)\twear or carry the device supplied by the Commissioner in accordance with the requirement; and\n\t(b)\ttake reasonable care to maintain the device undamaged (other than by normal wear and tear) during the period for which the requirement applies; and\n\t(c)\tcomply with all reasonable directions of the Commissioner in relation to the device during the period for which the requirement applies.\n\t(3)\tA requirement under this section remains in force for the period specified by the Commissioner when issuing the requirement or until revoked in accordance with this section.\n\t(4)\tThe Commissioner may vary or revoke a requirement under this section at any time, on his or her own initiative or on application by the serious registrable offender.\n\t(5)\tA serious registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this section may appeal against the decision to the Administrative and Disciplinary Division of the District Court.\n\t(6)\tSubject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.\n\t(7)\tThe Commissioner must, on application by the serious registrable offender, give the offender a written statement of the reasons for the decision.\n\t(8)\tIf a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the serious registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons.\n\t(9)\tIn this section—\ntracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.\n67—Confidentiality of information\n\t(1)\tA person who has, or has had, access to information about a registrable offender obtained under this Act must not disclose the information unless—\n\t(a)\tthe disclosure is only of information of a prescribed kind and is made to a police officer for law enforcement purposes; or\n\t(b)\tthe disclosure is made in accordance with the information disclosure principles set out in Schedule 2 or otherwise in accordance with this Act.\n\t(2)\tA person who intentionally or recklessly discloses information in contravention of subsection (1) is guilty of an offence.\n\t(3)\tA person who has, or has had, access to information about a person obtained under section 65A(3) or 66 must not disclose the information except—\n\t(a)\tto a court or tribunal in the course of legal proceedings; or\n\t(b)\tpursuant to an order of a court or tribunal; or\n\t(c)\tto a law enforcement or prosecution authority of this State or of a foreign jurisdiction or any other authority established by the government of this State or of a foreign jurisdiction to facilitate law enforcement or the prosecution of offences; or\n\t(d)\tto a legal practitioner for the purpose of obtaining legal advice or representation; or\n\t(e)\twith the written authority of the person to whom the information relates; or\n\t(f)\tto the Independent Commission Against Corruption, the Office for Public Integrity, the Ombudsman or the Internal Investigation Section of South Australia Police for the purposes of an investigation under the Independent Commission Against Corruption Act 2012, the Ombudsman Act 1972, the Police Complaints and Discipline Act 2016 or this Act; or\n\t(g)\tas required or authorised by or under any Act or law.\n\t(4)\tA person who intentionally or recklessly discloses information in contravention of subsection (3) is guilty of an offence.\nMaximum penalty: $5 000.\n68—Restriction on publication\nA person must not intentionally or recklessly publish by newspaper, radio, television or in any other way, a report containing information that has been disclosed in contravention of section 67.\n69—State Records Act 1997 and Freedom of Information Act 1991 not to apply\n\t(1)\tThe State Records Act 1997 does not apply to information obtained under this Act.\n\t(2)\tInformation obtained under this Act is not liable to disclosure under the Freedom of Information Act 1991.\n71—Effect of spent convictions\n\t(1)\tThe fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect—\n\t(a)\tthe status of the offence as a registrable offence for the purposes of this Act in respect of the registrable offender; or\n\t(b)\tany reporting obligations of the registrable offender.\n\t(2)\tFor the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that he or she was convicted or found guilty of the offence. \n72—Evidentiary\n\t(1)\tIn proceedings under this Act, a certificate signed by the Commissioner, or a police officer holding a position designated in writing by the Commissioner for the purposes of this section, certifying that the register—\n\t(a)\tat any particular date contained information specified in the certificate; or\n\t(b)\tindicated that, during any particular period, a specified person failed to notify information as required by this Act,\nis evidence, and in the absence of evidence to the contrary is proof, of the details specified in the certificate.\n\t(2)\tFor the purposes of this Act, a certificate that would be evidence under a corresponding law that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate.\n72A—Service\n\t(1)\tA notice or document required or authorised by this Act to be given to or served on a person by the Commissioner may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person's address for service; or\n\t(c)\tbe transmitted by fax or email to the person's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tA person's address for service is the postal address of which the Commissioner has been last notified as the person's address for service.\n\t(3)\tIf the Commissioner gives a notice to a registrable offender under this Act, the Commissioner may request the registrable offender to acknowledge receipt of that notice in writing.\n73—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may make provision as to the following matters:\n\t(a)\tmatters incidental to the making of reports under Part 3 including—\n\t(i)\tthe manner and form in which a report must be made; and\n\t(ii)\tthe nature of any verifying documentation or evidence to be produced in support of a report; and\n\t(iii)\trequiring that a report contain additional information to that required by that Part;\n\t(b)\tthe form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable offenders;\n\t(c)\tthe manner and form in which the register is to be established and maintained, including the manner and form in which information is to be entered in the register;\n\t(d)\trequiring or permitting the Commissioner to remove specified information, or information of a specified class, from the register;\n\t(e)\tthe notification of reporting obligations to registrable offenders, including the following:\n\t(i)\tthe manner and form in which the information is to be given to registrable offenders;\n\t(ii)\tpermitting the person notifying a registrable offender to ask the registrable offender to acknowledge being given the notice;\n\t(iii)\tmaking special provision for the notification of registrable offenders who are children or who have disabilities or other special needs;\n\t(iv)\tpermitting or requiring a person or body to be notified of a registrable offender's status as a child or person who has a disability or other special need to facilitate notification and reporting;\n\t(v)\tproviding for the notification to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations;\n\t(vi)\trequiring that a registrable offender be given additional information to that required by this Act;\n\t(vii)\trequiring a person or body to provide specified information to registrable offenders concerning their reporting obligations;\n\t(viii)\trequiring a person or body to inform the Commissioner—\n\t(A)\tthat a registrable offender has left the custody or control of the person or body; or\n\t(B)\tthat the person or body has given specified information to a registrable offender; or\n\t(C)\tthat, in the opinion of the person or body, a registrable offender does or does not have the legal capacity to understand specified information;\n\t(ix)\trequiring a person or body to give the Commissioner any acknowledgment by a registrable offender of the receipt of a notice or any other specified information that is held by the person or body;\n\t(f)\tempowering the Commissioner to give directions as to which police stations are to be used as a venue for the making of reports;\n\t(g)\tproviding that a police station, or a class of police station, is not to be used as a venue for the making of reports without the consent of the Commissioner;\n\t(h)\trequiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period;\n\t(i)\tprescribing any other matter required or permitted by this Act to be prescribed or that it is necessary or convenient to prescribe to give effect to this Act.\n\t(3)\tThe regulations—\n\t(a)\tmay be of general or limited application; and\n\t(b)\tmay make different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tmay require a matter affected by the regulations to be—\n\t(i)\tin accordance with a specified standard or specified requirement; or\n\t(ii)\tapproved by, or to the satisfaction of, a specified person or a specified class of person; or\n\t(iii)\tas specified in both subparagraphs (i) and (ii); and\n\t(d)\tmay confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\t(e)\tmay provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and\n\t(f)\tmay impose a penalty not exceeding $2 500 for a contravention of the regulations.\n\t(4)\tThe Commissioner may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(5)\tA fee notice may provide for the waiver, reduction or remission of a fee.\n","sortOrder":18},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Class 1 and 2 offences","content":"Schedule 1—Class 1 and 2 offences\n\t(1)\tIn this Schedule—\nsexual offence means any of the following offences committed against a child:\n\t(a)\tan offence against section 48 of the Criminal Law Consolidation Act 1935 (rape); or\n\t(ab)\tan offence against section 48A of the Criminal Law Consolidation Act 1935 (compelled sexual manipulation); or\n\t(b)\tan offence against section 49 of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse); or\n\t(ba)\tan offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment); or\n\t(c)\tan offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault).\n\t(2)\tFor the purposes of this Schedule, an offence occurred in prescribed circumstances if—\n\t(a)\tthe victim consented to the conduct constituting the offence; and\n\t(b)\teither—\n\t(i)\tthe offender was, at the time of the offence, 18 years of age and the victim was not less than 15 years of age; or\n\t(ii)\tthe offender was, at the time of the offence, 19 years of age and the victim was not less than 16 years of age.\n\t(3)\tA description of an offence appearing in brackets in this Schedule is for convenience of reference only.\nPart 2—Class 1 offences\n2—Class 1 offences\nThe following are class 1 offences:\n\t(a)\tan offence against section 11 of the Criminal Law Consolidation Act 1935 (murder) if—\n\t(b)\tan offence against section 29(1) of the Criminal Law Consolidation Act 1935 (endangering the life of a person) if—\n\t(i)\tthe person whose life was likely to be endangered was a child; and\n\t(c)\tan offence against section 39 of the Criminal Law Consolidation Act 1935 (kidnapping) if the person was sentenced on the basis that the kidnapping was done with the intention of committing a sexual offence against a child;\n\t(d)\tan offence against section 48 of the Criminal Law Consolidation Act 1935 (rape) if the victim was a child;\n\t(da)\tan offence against section 48A of the Criminal Law Consolidation Act 1935 (compelled sexual manipulation) if the victim was a child;\n\t(e)\tan offence against section 49(1), (3) or (5) of the Criminal Law Consolidation Act 1935 (offences relating to unlawful sexual intercourse) other than an offence that occurred in prescribed circumstances;\n\t(eaa)\tan offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) if the victim was a child other than an offence that occurred in prescribed circumstances;\n\t(ea)\tan offence against section 50 of the Criminal Law Consolidation Act 1935 (sexual abuse of a child);\n\t(eab)\tan offence of persistent sexual exploitation of a child (see section 50 of the Criminal Law Consolidation Act 1935 as in force before the commencement of Part 4 of the Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017);\n\t(eb)\tan offence of persistent sexual abuse of a child (see section 74 of the Criminal Law Consolidation Act 1935, as in force before the commencement of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008) other than an offence that occurred in prescribed circumstances;\n\t(ec)\tan offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving sexual intercourse if the victim was a child;\n\t(f)\tan offence against section 59 of the Criminal Law Consolidation Act 1935 (abduction) if the victim was a child;\n\t(g)\tan offence against section 66(1) of the Criminal Law Consolidation Act 1935 (inflicting sexual servitude) if the victim was a child;\n\t(h)\tan offence against section 66(2) of the Criminal Law Consolidation Act 1935 (unduly influencing a person to perform commercial sexual acts) if the victim was a child;\n\t(i)\tan offence against section 68(1) of the Criminal Law Consolidation Act 1935 (use of a child to perform commercial sexual acts);\n\t(k)\tan offence resulting in the person being sentenced under section 53(1)(c) of the Sentencing Act 2017 as in force before the commencement of the Sentencing (Serious Repeat Offenders) Amendment Act 2020;\n\t(ka)\tan offence resulting in the person being sentenced as a serious repeat offender under section 53(1)(b) of the Sentencing Act 2017 if, in at least 2 of the relevant serious sexual offences, the victim was a child;\n\t(l)\tan indictable offence committed against a child that results in the person being sentenced under section 57 of the Sentencing Act 2017;\n\t(m)\ta conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;\n\t(n)\tan offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs;\n\t(na)\tan offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;\n\t(o)\tan offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs;\n\t(p)\tan offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs;\n\t(q)\tan offence against section 270.6 of the Criminal Code of the Commonwealth as in force before the commencement of the Crimes Legislation Amendment (Slavery, Slavery‑like Conditions and People Trafficking) Act 2013 of the Commonwealth;\n\t(r)\tan offence against section 272.8 of the Criminal Code of the Commonwealth;\n\t(s)\tan offence against section 272.10 of the Criminal Code of the Commonwealth;\n\t(t)\tan offence against section 272.11 of the Criminal Code of the Commonwealth;\n\t(u)\tan offence against section 272.12 of the Criminal Code of the Commonwealth;\n\t(v)\tan offence against section 272.13 of the Criminal Code of the Commonwealth;\n\t(w)\tan offence against section 272.14 of the Criminal Code of the Commonwealth;\n\t(x)\tan offence against section 272.15 of the Criminal Code of the Commonwealth;\n\t(y)\tan offence against section 272.18 of the Criminal Code of the Commonwealth;\n\t(z)\tan offence against section 272.19 of the Criminal Code of the Commonwealth;\n\t(za)\tan offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).\nPart 3—Class 2 offences\n3—Class 2 offences\nThe following are class 2 offences:\n\t(a)\tan offence against section 13 of the Criminal Law Consolidation Act 1935 (manslaughter) if—\n\t(ab)\tan offence against section 23 of the Criminal Law Consolidation Act 1935 (causing serious harm) if—\n\t(b)\tan offence against section 29(2) of the Criminal Law Consolidation Act 1935 (creating risk of serious harm to a person) if—\n\t(i)\tthe person who was likely to suffer serious harm was a child; and\n\t(ba)\tan offence against section 51 of the Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving indecent contact if the victim was a child;\n\t(c)\tan offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault) if the victim was a child other than an offence that occurred in prescribed circumstances;\n\t(d)\tan offence against section 58 of the Criminal Law Consolidation Act 1935 (gross indecency) other than an offence that occurred in prescribed circumstances;\n\t(e)\tan offence against section 60 of the Criminal Law Consolidation Act 1935 (procuring sexual intercourse) if the person procured to have sexual intercourse was a child;\n\t(f)\tan offence against section 63 of the Criminal Law Consolidation Act 1935 (production or dissemination of child exploitation material);\n\t(fa)\tan offence against section 63AA of the Criminal Law Consolidation Act 1935 (production or dissemination of child‑like sex dolls);\n\t(g)\tan offence against section 63A of the Criminal Law Consolidation Act 1935 (possession of child exploitation material);\n\t(gaa)\tan offence against section 63AAB of the Criminal Law Consolidation Act 1935 (possession of child‑like sex dolls);\n\t(ga)\tan offence against section 63AB(1), (5) or (7) of the Criminal Law Consolidation Act 1935 (Offences relating to websites);\n\t(h)\tan offence against section 63B(1) or (3) of the Criminal Law Consolidation Act 1935 (procuring child to commit an indecent act etc);\n\t(i)\tan offence against section 67 of the Criminal Law Consolidation Act 1935 (deceptive recruiting for commercial sexual acts) if the victim is a child;\n\t(j)\tan offence against section 68(2) or (3) of the Criminal Law Consolidation Act 1935 (use of children to perform commercial sexual acts);\n\t(k)\tan offence against section 72 of the Criminal Law Consolidation Act 1935 (incest) if the person with whom the offender had sexual intercourse was under the age of 17 years;\n\t(ka)\tan offence against section 139A of the Criminal Law Consolidation Act 1935 (dishonest communication with children) if the person was sentenced on the basis that the communication was made with the intention of committing a sexual offence against a child;\n\t(kb)\tan offence against section 26D of the Summary Offences Act 1953 (indecent filming) if the person filmed was a child;\n\t(l)\ta conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;\n\t(m)\tan offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs;\n\t(ma)\tan offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;\n\t(n)\tan offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs;\n\t(o)\tan offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs;\n\t(q)\tan offence against section 270.7 of the Criminal Code of the Commonwealth if the victim was a child;\n\t(r)\tan offence against section 271.4 of the Criminal Code of the Commonwealth;\n\t(s)\tan offence against section 271.7 of the Criminal Code of the Commonwealth;\n\t(sa)\tan offence against section 272.9 of the Criminal Code of the Commonwealth;\n\t(sab)\tan offence against section 272.15A of the Criminal Code of the Commonwealth;\n\t(sb)\tan offence against section 272.20 of the Criminal Code of the Commonwealth;\n\t(sba)\tan offence against section 273.5 of the Criminal Code of the Commonwealth;\n\t(sbb)\tan offence against section 273.6 of the Criminal Code of the Commonwealth;\n\t(sbc)\tan offence against section 273.7 of the Criminal Code of the Commonwealth;\n\t(sbd)\tan offence against section 273A.1 of the Criminal Code of the Commonwealth;\n\t(sc)\tan offence against section 471.16 of the Criminal Code of the Commonwealth;\n\t(sd)\tan offence against section 471.17 of the Criminal Code of the Commonwealth;\n\t(se)\tan offence against section 471.19 of the Criminal Code of the Commonwealth;\n\t(sf)\tan offence against section 471.20 of the Criminal Code of the Commonwealth;\n\t(sg)\tan offence against section 471.22 of the Criminal Code of the Commonwealth;\n\t(sh)\tan offence against section 471.24 of the Criminal Code of the Commonwealth;\n\t(si)\tan offence against section 471.25 of the Criminal Code of the Commonwealth;\n\t(sia)\tan offence against section 471.25A of the Criminal Code of the Commonwealth;\n\t(sj)\tan offence against section 471.26 of the Criminal Code of the Commonwealth;\n\t(t)\tan offence against section 474.19 of the Criminal Code of the Commonwealth;\n\t(u)\tan offence against section 474.20 of the Criminal Code of the Commonwealth;\n\t(v)\tan offence against section 474.22 of the Criminal Code of the Commonwealth;\n\t(va)\tan offence against section 474.22A of the Criminal Code of the Commonwealth;\n\t(w)\tan offence against section 474.23 of the Criminal Code of the Commonwealth;\n\t(waa)\tan offence against section 474.23A of the Criminal Code of the Commonwealth;\n\t(wa)\tan offence against section 474.24A of the Criminal Code of the Commonwealth;\n\t(wb)\tan offence against section 474.25A of the Criminal Code of the Commonwealth;\n\t(wc)\tan offence against section 474.25B of the Criminal Code of the Commonwealth;\n\t(wd)\tan offence against section 474.25C of the Criminal Code of the Commonwealth if the person was sentenced on the basis that the act was done with the intention of committing a sexual offence against a child;\n\t(x)\tan offence against section 474.26 of the Criminal Code of the Commonwealth;\n\t(y)\tan offence against section 474.27 of the Criminal Code of the Commonwealth;\n\t(ya)\tan offence against section 474.27AA of the Criminal Code of the Commonwealth;\n\t(z)\tan offence against section 474.27A of the Criminal Code of the Commonwealth;\n\t(zaa)\tan offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section);\n\t(za)\tan offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Information disclosure principles","content":"Schedule 2—Information disclosure principles\nIn this Schedule—\npersonal information means—\n\t(a)\tinformation obtained under this Act that identifies, or could reasonably identify, a person as a registrable offender; or\n\t(b)\tany other information about a registrable offender obtained under this Act if the recipient of the information is known to be aware that the person is a registrable offender.\nExample—\nDisclosing the address of a registrable offender to a person who knows that he or she is a registrable offender.\n2—General principles governing disclosure\nThe following principles must be applied in relation to the disclosure of personal information:\n\t(a)\tthe information must not be disclosed unless—\n\t(i)\tthere are good reasons for the disclosure; and\n\t(ii)\tthe disclosure is otherwise made in accordance with this Schedule;\n\t(b)\tan assessment must be made before the information is disclosed of the risks associated with disclosure and any risks associated with non-disclosure;\n\t(c)\tthe information disclosed must be proportionate to the purpose of the disclosure;\n\t(d)\tthe information disclosed must be reliable and accurate;\n\t(e)\tdetails of the disclosure must be documented.\n3—Authorisation of disclosure\nIf personal information may only be disclosed with authorisation in accordance with clause 5, then the information must not be disclosed unless the Commissioner, or a person authorised by the Commissioner for the purpose of this Schedule, has given written authorisation for the disclosure.\n4—Circumstances where information may be disclosed without authorisation\nPersonal information about a registrable offender may be disclosed without authorisation in the following circumstances:\n\t(a)\tif the registrable offender consents to the disclosure of the information;\n\t(b)\tif the disclosure is required by an order of a court or tribunal;\n\t(c)\tif the disclosure is made to a supervising authority in connection with the supervision of the registrable offender;\n\t(d)\tif the disclosure is made to a law enforcement or prosecution authority of this State or of a foreign jurisdiction and is reasonably required for the purpose of investigating a suspected registrable offence or an offence under this Act;\n\t(e)\tif the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or representation relating to a matter under this Act;\n\t(f)\tif the disclosure is made to the Independent Commission Against Corruption, the Office for Public Integrity, the Ombudsman or the Internal Investigation Section of South Australia Police for the purposes of an investigation under the Independent Commission Against Corruption Act 2012, the Ombudsman Act 1972, the Police Complaints and Discipline Act 2016 or this Act;\n\t(g)\tif the disclosure is required under any other Act or law;\n\t(h)\tif the disclosure is of a type prescribed by regulation for the purposes of this clause.\n5—Circumstances where information may be disclosed with authorisation\nPersonal information about a registrable offender may only be disclosed with authorisation in the following circumstances:\n\t(a)\tif the disclosure is to be made to a person exercising official duties under an Act relating to the care or protection of children;\n\t(b)\tif the disclosure is made to a government or non-government agency for the purpose of safeguarding the welfare of the registrable offender;\n\t(c)\tif the disclosure relates to information already in the public domain;\n\t(d)\tif the disclosure is of a type prescribed by regulation for the purposes of this clause.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Child Sex Offenders Registration Act 2006\n30.11.2006\n18.10.2007 (Gazette 18.10.2007 p3969)\n Criminal Law (Forensic Procedures) Act 2007\n29.3.2007\nSch 1 (cl 3)—14.5.2007 (Gazette 10.5.2007 p1977)\n Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008\n17.4.2008\nSch 1 (cl 1)—23.11.2008 (Gazette 20.11.2008 p5171)\n Child Sex Offenders Registration (Registration of Internet Activities) Amendment Act 2009\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 28 (s 55)—1.2.2010 (Gazette 28.1.2010 p320)\n Education and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\nSch 3 (cl 2)—1.1.2012 (Gazette 15.12.2011 p4986)\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 3)—20.12.2012 (Gazette 20.12.2012 p5742)\n Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013\n3.10.2013\nPt 2 (ss 4(1), (3), 5—8, 13, 22, 24(2), 26, 27(1), 38(1), 39 & 40)—22.12.2013; ss 4(2), (4), 9—12, 14—21, 23, 25, 27(2), 28, 29, new s 48(2)(e), (f), (h) (as inserted by s 30), 31(1), new section 60(2)(gb) (as inserted by s 31(2)), 32—35, new ss 66L, 66M & 66N (as inserted by s 37) & 38(2)—19.1.2014 (Gazette 19.12.2013 p4923); new Pt 5B (as inserted by s 36)—14.2.2014 (Gazette 13.2.2014 p885); s 24(1), new s 48(2)(g) (as inserted by s 30), new s 60(2)(ga) (as inserted by s 31(2)) & new Pt 5A (as inserted by s 36)—29.6.2014 (Gazette 19.12.2013 p4923); new s 66K (as inserted by s 37)—29.6.2014 (Gazette 13.2.2014 p885)\n Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Act 2014\n10.7.2014\n30.11.2014 (Gazette 7.8.2014 p3986)\n Statutes Amendment (Attorney-General's Portfolio) Act 2014\n11.12.2014\nPt 3 (s 5)—1.4.2015 (Gazette 19.2.2015 p793)\n Births, Deaths and Marriages Registration (Change of Name) Amendment Act 2015\n22.10.2015\nSch 1 (cl 1)—1.6.2016 (Gazette 21.1.2016 p152)\n Statutes Amendment (Attorney-General's Portfolio) Act 2016\nPt 2 (s 4)—16.6.2016: s 2(1)\n Police Complaints and Discipline Act 2016\n8.12.2016\nSch 1 (cl 1)—19.4.2017 (Gazette 19.4.2017 p1101); cll 2 & 3—4.9.2017 (Gazette 29.8.2017 p3794)\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017\nPt 2 (s 3)—24.10.2017\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 4 (ss 6 & 7)—30.4.2018 (Gazette 6.2.2018 p612)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 8 (s 45)—19.12.2017 (Gazette 19.12.2017 p5119)\n Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019\n11.7.2019\nPt 2 (s 4)—24.10.2019 (Gazette 24.10.2019 p3572)\n Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\nSch 1 (cll 4, 5 & 76)—7.10.2021: s 2\n Statutes Amendment (Child Sex Offences) Act 2022\n14.7.2022\nPt 2 (ss 3 to 7)—1.10.2022 (Gazette 23.9.2022 p6135)\n Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023\n8.6.2023\nSch 1 (cl 1)—22.6.2023: s 2\n Statutes Amendment (Sexual Offences) Act 2023\n21.6.2023\nPt 3 (s 5)—1.10.2023 (Gazette 14.9.2023 p3237)\n Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024\n28.3.2024\n1.7.2025 (Gazette 15.8.2024 p2439)\n Child Sex Offenders Registration (Public Register) Amendment Act 2024\n24.10.2024\n4.4.2025 (Gazette 3.4.2025 p557) except s 6 insofar as it inserts s 66FA(1), (8) to (11) & (13)—11.12.2025 (Gazette 11.12.2025 p4822) and except ss 5, 6 insofar as it inserts ss 66FA(2) to (7), (12) & 66FB, 7 & 8—16.2.2026 (Gazette 12.2.2026 p241)\nChild Sex Offenders Registration (Miscellaneous) Amendment Act 2025\n20.11.2025: s 2(1) except s 10 immediately after s 6 of 45/2024—11.12.2025 (Gazette 11.12.2025 p4822)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 4\n\ns 4(1)\n\ncriminal intelligence\ninserted by 41/2013 s 4(1)\nforeign registrable offence\namended by 45/2024 s 3\ngood behaviour bond\namended by 53/2017 s 6(1)\nregistrable repeat offender\ninserted by 41/2013 s 4(2)\n\namended by 57/2025 s 3(1)\nreportable contact\ninserted by 41/2013 s 4(2)\n\namended by 9/2022 s 3\nreporting obligations\namended by 41/2013 s 4(3)\nserious registrable offender\ninserted by 41/2013 s 4(4)\ns 4(2a)\ninserted by 57/2025 s 3(2)\ns 4(5)\namended by 53/2017 s 6(2)\ns 4A\ninserted by 9/2022 s 4\ns 5A\ninserted by 41/2013 s 5\nPt 2\n\ns 6\n\ns 6(4)\namended by 41/2013 s 6(1)—(3)\ns 7\namended by 45/2024 s 4\ns 9\n\ns 9(1a)\ninserted by 41/2013 s 7\ns 9(3)\namended by 6/2014 s 4\ns 10\n\ns 10(1)\nsubstituted by 41/2013 s 8\nPt 2A\ninserted by 41/2013 s 9\nPt 3\n\nPt 3 Div 1\n\ns 11\n\ns 11(1)\namended by 41/2013 s 10(1), (2)\ns 11(2)\namended by 41/2013 s 10(2)\ns 12\n\ns 12(1)—(3)\namended by 41/2013 s 11(1)\ns 12(4) and (5)\namended by 41/2013 s 11(2)\ns 13\n\namended by 57/2025 s 4(1)\ns 13(1)\namended by 10/2009 s 3\n\namended by 41/2013 s 12(1)—(3)\n\namended by 57/2025 s 4(2)\ns 13(2)\n(c) deleted by 41/2013 s 12(4)\ns 13(4)—(6)\ninserted by 41/2013 s 12(5)\n\ndeleted by 9/2022 s 5\ns 14\n\ns 14(4)\namended by 41/2013 s 13\nPt 3 Div 2\n\ns 15\n\ns 15(2)\nsubstituted by 41/2013 s 14\ns 15A\ninserted by 41/2013 s 15\ns 16\n\ns 16(1)\namended by 41/2013 s 16(1)\ns 16(2)\namended by 41/2013 s 16(2)\ns 16(3)\namended by 41/2013 s 16(1)\ns 16(4)\namended by 41/2013 s 16(1), (3)\n\nsubstituted by 57/2025 s 5\ns 16(5)\ninserted by 41/2013 s 16(4)\ns 17\n\ns 17(1)\namended by 41/2013 s 17\ns 18\n\ns 18(1)\namended by 6/2014 s 5\ns 19\n\ns 19(2)\nsubstituted by 41/2013 s 18(2)\ns 19(3)\namended by 41/2013 s 18(1)\ns 20A\ninserted by 41/2013 s 19\nPt 3 Div 3\n\ns 21\n\namended by 57/2025 s 6(1)\ns 21(1)\nsubstituted by 41/2013 s 20\ns 21(1a)\ninserted by 41/2013 s 20\ns 21(1b)\ninserted by 57/2025 s 6(2)\ns 22\n\ns 22(1)\namended by 41/2013 s 21(1)—(3)\ns 22(2)\nsubstituted by 41/2013 s 21(4)\ns 22(4)\nsubstituted by 41/2013 s 21(5)\ns 22(5)\ndeleted by 41/2013 s 21(5)\ns 23\n\ns 23(1)\namended by 41/2013 s 22\ns 25\n\ns 25(2a)\ninserted by 41/2013 s 23\ns 25(3)\nsubstituted by 41/2013 s 23\ns 29\ndeleted by 5/2007 Sch 1 cl 3\n14.5.2007\nPt 3 Div 4\n\ns 32\n\ns 32(1)\ns 32 redesignated as s 32(1) by 41/2013 s 24(2)\n\namended by 41/2013 s 24(1)\ns 32(2)\ninserted by 41/2013 s 24(2)\nPt 3 Div 5\n\ns 34\n\ns 34(1)\namended by 57/2025 s 7(1), (2)\ns 36A\ninserted by 41/2013 s 25\nPt 3 Div 6\n\namended by 41/2013 s 26\ns 38\n\ns 38(2)\namended by 41/2013 s 27(1)\ns 38(3)\namended by 41/2013 s 27(2)\ns 42\n\ns 42(1)\namended by 57/2025 s 8(1)\ns 42(2)\namended by 57/2025 s 8(2)\ns 43\n\ns 43(3)\namended by 57/2025 s 9\nPt 3 Div 7\n\ns 44\n\ns 44(1a)\ninserted by 41/2013 s 28\ns 45\n\ns 45(1)\ns 45 redesignated as s 45(1) by 41/2013 s 29\ns 45(2)\ninserted by 41/2013 s 29\nPt 3 Div 8\n\ns 48\n\ns 48(2)\n(e), (f), (h) inserted by 41/2013 s 30\n\n(g) inserted by 41/2013 s 30\nPt 4\n\ns 60\n\ns 60(2)\namended by 41/2013 s 31(1)\n\n(gb) inserted by 41/2013 s 31(2)\n\n(ga) inserted by 41/2013 s 31(2)\ns 63\n\ns 63(5)\n\namended by 60/2016 Sch 1 cl 1(1)\ns 63(6)\n\namended by 60/2016 Sch 1 cl 1(2)\nPt 5\n\nsubstituted by 41/2013 s 32\ns 64\n\ns 64(1)\n\neducational institutions for children\namended by 46/2011 Sch 3 cl 2\n1.1.2012\nchild-related work\namended by 41/2013 s 33(1)\n\n(q) deleted by 6/2014 s 6\n\namended by 6/2014 s 6\n\namended by 7/2024 s 3\ns 64(3)\ninserted by 41/2013 s 33(2)\ns 65A\ninserted by 41/2013 s 34\ns 66\nsubstituted by 41/2013 s 35\nPt 5A\ninserted by 41/2013 s 36\ns 66B\n\ns 66B(4)\namended by 7/2024 s 4(1)\ns 66B(5)\namended by 7/2024 s 4(2)\ns 66B(5a)\ninserted by 7/2024 s 4(3)\nPt 5B\ninserted by 41/2013 s 36\n14.2.2014\nss 66EA—66ED\ninserted by 45/2024 s 5\ns 66F\n\ns 66F(1a)\ninserted by 6/2014 s 7\ns 66FA\ns 66FA(1)\namended by 57/2025 s 10\nss 66FA(2) to (7) & (12)\ns 66FB\ns 66I\n\ns 66I(5)\n\nidentified offender\namended by 45/2024 s 7(1)\npersonal details\ninserted by 45/2024 s 7(2)\ns 66J\n\ns 66J(1)\namended by 6/2014 s 8(1)\ns 66J(1a)—(1d)\ninserted by 6/2014 s 8(2)\ns 66J(2)\n\nidentifying information\nsubstituted by 45/2024 s 8\nPt 5C\ninserted by 6/2014 s 9\nPt 6\n\ns 66K\ns 66K(2a)\ninserted by 27/2015 Sch 1 cl 1\n1.6.2016\nss 66L\ns 66L(1)\ns 66L amended and redesignated as s 66L(1) by 6/2014 s 10(1)—(5)\ns 66L(2) and (3)\ninserted by 6/2014 s 10(5)\ns 66M\namended by 45/2024 s 9(1)\ns 66M(1)\nsubstituted by 45/2024 s 9(2)\ns 66M(2)\nsubstituted by 45/2024 s 9(3)\ns 66M(3)\namended by 45/2024 s 9(4)\n\namended by 57/2025 s 11\ns 66M(4)\namended by 45/2024 s 9(5)\ns 66M(5)\namended by 45/2024 s 9(6)\ns 66N\ns 67\n\ns 67(1)\namended by 41/2013 s 38(1)\ns 67(3)\n\namended by 41/2013 s 38(2)\n\namended by 60/2016 Sch 1 cl 2\n\namended by 38/2021 Sch 1 cl 4\ns 70\ndeleted by 84/2009 s 55\n1.2.2010\ns 72A\ninserted by 41/2013 s 39\ns 73\n\namended by 57/2025 s 12(1)\ns 73(4) and (5)\ninserted by 57/2025 s 12(2)\nSch 1\n\ncl 1\n\ncl 1(1)\n\nsexual offence\namended by 10/2008 Sch 1 cl 1(1)\n\namended by 28/2016 s 4(1)\ncl 2\namended by 10/2008 Sch 1 cl 1(2), (3)\n\n(j) deleted by 10/2008 Sch 1 cl 1(4)\n\namended by 41/2013 s 40(1), (2)\n\namended by 28/2016 s 4(2)\n\namended by 41/2017 s 3\n\namended by 53/2017 s 7(1), (2)\n\namended by 9/2022 s 6(1)—(4)\n\namended by 17/2023 Sch 1 cl 1\n22.6.2023\n\namended by 21/2023 s 5(1), (2)\ncl 3\namended by 41/2013 s 40(3), (5)—(7)\n\n(p) deleted by 41/2013 s 40(4)\n\namended by 25/2014 s 5\n1.4.2015\n\namended by 28/2016 s 4(3)\n\namended by 64/2017 s 45(1)—(3)\n19.12.2017\n\namended by 13/2019 s 4\n24.10.2019\n\namended by 9/2022 s 6(5)—(7), (9)—(16)\n\n(ja) deleted by 9/2022 s 6(8)\n\namended by 21/2023 s 5(3), (4)\n\namended by 57/2025 s 13\nSch 2\n\ncl 4\n\namended by 60/2016 Sch 1 cl 3\n\namended by 38/2021 Sch 1 cl 5\n\namended by 57/2025 s 14\nSch 3\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nStatutes Amendment (Child Sex Offences) Act 2022, Pt 2\n7—Transitional provisions\n\t(1)\tDespite section 6(1)(a) of the Child Sex Offenders Registration Act 2006, a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 6(1) of this Act, the person was a registrable offender only because—\n\t(a)\tthe person was sentenced for an offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability); and\n\t(b)\tthe victim was, at the time of the relevant offence, of or above the age of 18 years.\n\t(2)\tDespite section 6(1)(a) of the Child Sex Offenders Registration Act 2006, a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 6(8) of this Act, the person was a registrable offender only because the person was sentenced for an offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality).\n\t(3)\tDespite section 34(2) of the Child Sex Offenders Registration Act 2006, a reference to an offence in section 34 of that Act does not extend to the following offences committed before the commencement of this subsection or for which a person was sentenced before the commencement of this subsection:\n\t(a)\tan offence against section 49(6) of the Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) where the victim was, at the time of the relevant offence, of or above the age of 18 years;\n\t(b)\tan offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality).\nChild Sex Offenders Registration (Child-Related Work) Amendment Act 2024, Sch 1—Transitional provisions\nIn this Schedule—\nCommissioner means the Commissioner of Police;\nemployer includes any person for whom work is performed;\nprescribed day, in relation to a registrable offender referred to in clause 2, means—\n\t(a)\tthe day occurring 6 months after the commencement of this Act; or\n\t(b)\tthe day on which the Commissioner determines an application by the registrable offender for a declaration under section 66B of the principal Act exempting them from the operation of section 65 of the principal Act in respect of the child‑related work,\nwhichever occurs first;\nprincipal Act means the Child Sex Offenders Registration Act 2006.\n2—Application of section 65 to certain registrable offenders\nA registrable offender who—\n\t(a)\ton the commencement of this Act, becomes a person engaged in child‑related work (including work under a contract for services) by virtue of this Act; and\n\t(b)\tgives written notice (no later than 30 days after the commencement of this Act) that they intend to apply for a declaration under section 66B of the principal Act exempting them from the operation of section 65 of the principal Act in respect of that child‑related work to—\n\t(i)\ttheir employer; and\n\t(ii)\tthe Commissioner,\nis taken to be exempt from section 65 of the principal Act in respect of that child‑related work until the prescribed day.\n3—Application of section 66 to persons arrested or reported before commencement\n\t(1)\tIf a person who has been arrested or reported for a class 1 or class 2 offence before the commencement of this Act becomes a person engaged in child‑related work (including work under a contract for services) by virtue of this Act, section 66(1) of the principal Act applies to the person as if the disclosure required under that subsection were required to be made within 7 days after the commencement of this Act (if they have not already disclosed that fact to their employer and proceedings relating to the offence have not been finalised).\n\t(2)\tIf, before the commencement of this Act, a person—\n\t(a)\tapplied for work that is now, by virtue of this Act, child‑related work (including work under a contract for services); and\n\t(b)\twas arrested or reported for a class 1 or class 2 offence while that application was still current,\nsection 66(3) of the principal Act applies to the person as if the disclosure required under that subsection were required to be made within 7 days after the commencement of this Act (if they have not already disclosed that fact to their employer and proceedings relating to the offence have not been finalised).\n\t(3)\tTerms used in this clause have the same meaning as in Part 5 of the principal Act.\n4—Effect of amendment on bail applications\nFor the purposes of section 11 of the Bail Act 1985, the amendment to the definition of child‑related work effected by section 3 of this Act only applies in relation to a person who applies for bail on or after the commencement of section 3 of this Act (regardless of whether the relevant offence was committed before or after that commencement).\nHistorical versions\n18.10.2007\n\n1.2.2010\n\n1.1.2012\n\n14.2.2014\n\n1.4.2015\n\n1.6.2016\n\n19.12.2017\n\n24.10.2019\n\n22.6.2023\n\n","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded and operationalised through multiple amendments and inserted Parts over time. Examples in the text: Part 2A (serious registrable offender declarations) and many administrative tools (tracking devices s66N, control orders Part 5C ss66JA–66JG) were inserted by later amendments (see legislative history entries for 41/2013 and 6/2014). Publication and information‑release powers and limits were developed through the addition of Part 5B (inserted 2013; further amended 2024 and 2025) including ss66F, 66FA and 66FB which provide for publication and for supplying images and advice to parents (see amendments listed under 41/2013, 45/2024 and 57/2025 in the legislative history). The offence lists, reporting triggers and technical definitions have also been amended across several years (see Schedule 1 amendment notes and multiple entries in the legislative history), altering who is registrable and for how long (see ss6, 34 and Schedule 1). These changes show the Act moved from an initial register/reporting framework (2006) to include additional supervisory tools, publication powers and electronic/forensic powers through successive amendments (refer to the legislative history entries shown in the text)."},"complexity_factors":["Extensive cross‑referencing between Parts, schedules and external laws (foreign jurisdictions and New South Wales) (see ss6–9, 35–36, Schedule 1).","Multiple overlapping reporting obligations with distinct time limits, suspension rules and exceptions (Part 3: ss11–20A, 32–36).","Large number of administrative discretions vested in the Commissioner (access, publication, declarations, exemptions, tracking devices, fees) with some but limited appeal routes (see ss61, 66B, 66F, 66N, 10B, 66E).","Significant enforcement powers and intrusive compliance mechanisms (fingerprints, photographs, search and seizure of electronic devices, requirement to provide passwords) with criminal penalties (ss26–28, 66M, 44–45, 66JF).","Detailed definitions and offence classification system (class 1/class 2) in Schedule 1 that affect reporting periods and penalties (Schedule 1; s34).","Complex publication, disclosure and confidentiality regime with tightly defined exceptions and authorisations (Part 5B, ss66F–66J, ss67–69, Schedule 2).","Multiple amendment layers in legislative history expanding or modifying scope and mechanisms (see Legislative history entries for 2013, 2014, 2024, 2025 etc.).","Regulations and delegated instruments carry substantial procedural detail and fee powers, meaning outcomes depend on secondary instruments (s73, s73(4))."],"plain_english_summary":"What the law does (mechanics)\n\n- Establishes a police-run register of people who have been sentenced for specified sexual offences against people under 18 or who have been ordered by a court to comply with the Act (\"registrable offenders\") (see s6, s60).  The register records identifying details, sentencing and custody dates, reported personal details and other material the Commissioner considers appropriate (s60).\n- Requires registrable offenders to report specified personal information and changes in circumstances to the Commissioner on a defined timetable (initial reports, annual reports and reports of changes, intended travel and any \"reportable contact\" with a child) and sets how reports must be made (see Part 3: ss11, 13, 15, 16, 17, 20A, 21–25, 22).  Some reporting duties are suspended while the person is in government custody or outside South Australia, subject to exceptions (s32).\n- Prohibits registrable offenders from applying for or engaging in \"child‑related work\" (broadly defined) (s64–65) and imposes disclosure duties on people arrested or reported for class 1 or class 2 offences and on applicants/employees for child‑related work (ss65A, 66).\n- Gives the Commissioner powers to classify some registrable offenders as \"serious registrable offenders\" and impose additional reporting requirements, make or revoke exemptions, publish or provide personal details in defined circumstances, require photographs, fingerprints and retention of material during reporting periods, and to require a serious registrable offender to wear a tracking device (see ss10A, 15A, 26–30, 66B, 66F, 66FA, 66N).\n- Provides criminal penalties for failing to comply with reporting, for furnishing false or misleading information, for breaching the ban on child‑related work, and for contravening control orders (see ss44–45, 65, 66JF).  Maximum penalties are specified for many offences (for example, s44: up to $10,000 or 2 years' imprisonment; s44(1a) (reportable contact): up to $25,000 or 5 years).\n- Creates court processes and supervisory mechanisms: courts may make child sex offender registration orders, the Commissioner may apply to the Magistrates Court for control orders, the Supreme Court may suspend lifelong reporting obligations in limited circumstances, and there are appeal routes to the District or Supreme Court for certain administrative decisions (see ss9–10, 66JA–66JG, 37–43, 10B, 66E).\n- Restricts access to and disclosure of information from the register, sets information disclosure principles, and provides exceptions and protections for publications and for protected witnesses or children in care (see ss61–63, 67–69, Schedule 2, ss66EC–66ED).\n- Confers broad regulatory and fee‑setting powers so the Governor and Commissioner can determine procedural details (s73, s73(4) and s73(4)(d); Commissioner may also issue fee notices s73(4); risk‑assessment costs to applicants s66B(3)).\n\nWho it affects\n\n- Registrable offenders: people sentenced for listed offences, people subject to child sex offender registration orders, and certain persons required to report under corresponding foreign or New South Wales laws (ss6–9, 14) — they bear reporting costs, risk enforcement action and face restrictions on employment and personal conduct (see ss13, 15, 16, 65, 66N, 66M).\n- The Commissioner of Police and South Australia Police: responsible for operating and controlling the register, receiving reports, making declarations and directions, publishing information where authorised, and enforcing compliance (see ss60–66, 66F, 66G, 66H, 66EA).\n- Employers and prospective employers doing child‑related work: may receive disclosures from employees or applicants who have been arrested/reported (s66); police may notify employers in some cases (s65A(3)(b)).\n- Parents or guardians and certain members of the public: may apply to be informed whether a specific person has regular unsupervised contact with their child and be told if the person is a registrable offender (s66FB).  The Commissioner may also provide images of certain offenders to approved applicants (s66FA).\n- Courts and supervising authorities: have roles in making orders, notifying the Commissioner of custody and sentence events, and in reviewing or granting exemptions or control orders (ss9, 37–39, 51, 66JA).\n\nWhy it matters (official purpose and practical trade‑offs)\n\n- The Act states its object as protecting children by keeping certain people under police notice (reporting of whereabouts and personal details) and preventing them from engaging in child‑related work (s3).  That is a claimed purpose; the mechanics above show how the law attempts to achieve it (registration, reporting, employment bans, monitoring and targeted publication).\n\nCosts, incentives and trade‑offs (how the mechanisms operate in practice)\n\n- Compliance burden and direct costs on registrable offenders: mandatory in‑person reporting, ongoing annual reporting, immediate reporting of changes and of reportable contact, production of identity documents, photographs and (in some cases) fingerprints (ss22–27).  The Commissioner may require applicants for exemptions to undergo risk assessments whose cost the applicant must pay (s66B(2)–(3)).  Regulations may prescribe additional documentary or procedural requirements and fees (s73(2)(a), s73(4)).\n- Enforcement costs and administrative discretion: the Commissioner controls access to the register, decides on declarations (serious registrable offender, exemptions, publication and tracking device requirements) and has delegated enforcement tools (ss10A, 15A, 61, 66B, 66F, 66N).  The Act gives the Commissioner broad discretionary authority and many decisions are subject to internal rules or guidelines rather than mandatory judicial oversight (see ss61–63, 66B(6)–(7), 66G).  Some Commissioner decisions can be appealed (s10B, s66E, s66N(5)).\n- Behavioural incentives created by penalties and publication: financial and imprisonment penalties (ss44–45, 65, 66K, 66M) create incentives to comply with reporting and disclosure rules.  The Commissioner may publish identifying information when an offender has failed to report or has provided false information and whereabouts are unknown (s66F(1)); publication is therefore a compliance lever with reputational consequences.\n- Effects on private choice and employment: the offence preventing registrable offenders from applying for or undertaking child‑related work (s65) directly restricts where affected persons may work.  Employers face obligations to receive disclosures from applicants or staff arrested or reported for relevant offences (s66).  The Commissioner may exempt or modify these prohibitions in limited circumstances (Part 5A, ss66B–66E), so some employment paths remain possible subject to risk assessment and conditions.\n- Data and privacy trade‑offs: the register centralises sensitive information and restricts public access (ss61–63).  Disclosure is tightly controlled by Schedule 2 principles, but the Act also authorises targeted publication and provision of images or details to applicants or parents in specified circumstances (ss66F, 66FA, 66FB).  The Commissioner must consider risks including identifying victims and impacts on investigations (s66G(2)(a)–(d)).\n- Enforcement reach and invasive powers: police may take fingerprints, photographs, and in some cases use reasonable force if a registrable offender refuses (ss26–28), inspect or remove electronic devices and require passwords or assistance to access data (s66M(2)–(4)), and enter and search premises on reasonable suspicion to ensure compliance (s66M(1)–(2)).  These powers create practical compliance obligations and potential evidentiary consequences (s66M(3)–(4)).\n\nConcentrated benefits and diffuse costs\n\n- The law concentrates discretion and decision‑making with the Commissioner (s61, s66B, s66F, s66N).  Benefits of enhanced monitoring, publication and employer‑notification accrue to specific groups (police, parents, certain applicants), while costs (reporting burden, employment restrictions, privacy intrusions, potential for sanctions) are borne primarily by registrable offenders.  Some provisions allow courts to modify or suspend obligations (ss37–43, 66JA–66JG), which shifts some authority from administrative to judicial actors.\n\nKey implementation and compliance risks\n\n- Administrative complexity: many time limits, categories and cross‑references (for example, different rules for foreign or NSW registrable offenders — ss7–8, 35–36), and frequent delegations to regulations (s73) increase the risk of procedural errors or inconsistent application.\n- Confidentiality tension: the Act protects certain information (ss67–69, 66EC–66ED) but also authorises publication or supply of identifying information in defined circumstances (ss66F, 66FA, 66FB), requiring careful balancing and record‑keeping (Schedule 2) to avoid unlawful disclosures.\n- Appeals and review channels exist (ss10, 10B, 37–43, 66E, 66N(5)), but many Commissioner decisions are exercisable without specified procedural fairness (see ss66FA(12), 66FB(6) which state procedural fairness is not required except as regulations may require), so affected persons rely on statutory appeal windows and judicial processes.\n\nBottom line (mechanical summary)\n\n- The Act creates a police‑managed register and a detailed regime of reporting, monitoring and employment restrictions for people who have committed specified sexual offences against children or who are ordered into the regime by courts.  It vests substantial operational discretion with the Commissioner, prescribes criminal penalties for non‑compliance, enables targeted publication and disclosure in defined circumstances, and provides both administrative and judicial pathways for variation, suspension and review of obligations.  The stated purpose is child protection (s3); the mechanics show trade‑offs between surveillance, administrative discretion and limits on employment and privacy, with costs falling primarily on registrable offenders and operational responsibilities on the Police Commissioner (see ss3, 6, 60, 65, 66B, 66M, 66F)."},"kimi_summary":{"_metrics":{"completionTokens":904},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2006 scope. Major additions include: Part 2A (serious registrable offender declarations, 2014), Part 5A (Commissioner exemptions and modifications, 2014), Part 5B (publication of offender information including website disclosure, 2014), Part 5C (control orders, 2014), tracking devices (2014), name change restrictions (2014), mandatory disclosure to parents/guardians (2014), and enhanced search powers including computer/device access (2024). The 2024 amendments also added new public register provisions and community notification schemes. The original Act focused on registration and reporting; it now includes extensive surveillance, public disclosure, and pre-emptive restriction powers."},"complexity_factors":["Extensive cross-referencing to other legislation (Criminal Law Consolidation Act, Commonwealth Criminal Code, Sentencing Act, etc.)","Multiple overlapping categories of offenders (registrable, foreign, New South Wales, serious, repeat) with different rules","47+ defined terms in section 4 alone, many with nested definitions","Complex conditional logic for reporting periods (8 years, 15 years, life) with multiple exceptions and calculation rules","Nested exceptions in Part 3 Division 6 (Supreme Court exemptions) and Part 5A (Commissioner declarations)","Detailed procedural requirements for reporting (in-person, remote, by proxy for children/disabilities)","Multiple amendment layers (19 amending Acts since 2006) creating fragmented transitional provisions","Schedule 1 contains 50+ specific offences across two classes with historical versioning","Control orders and tracking devices create additional parallel regulatory schemes","Information disclosure principles in Schedule 2 create separate authorisation framework"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **register of child sex offenders** in South Australia and imposes strict reporting obligations on people convicted of serious sexual offences against children. Its main goals are to **protect children** by keeping track of offenders' whereabouts and **preventing them from working with children**.\n\n**Who it affects:**\n\n- **Registrable offenders** — people convicted of \"class 1\" or \"class 2\" offences (serious crimes like rape, sexual abuse of children, child exploitation material, and related offences)\n- **Foreign offenders** — people convicted overseas who must report under similar laws in other countries\n- **Serious registrable offenders** — repeat offenders or those declared high-risk by the Police Commissioner, who face extra restrictions\n\n**Key requirements:**\n\n- **Reporting obligations**: Offenders must regularly report personal details to police, including:\n  - Where they live and work\n  - Vehicles they drive\n  - Internet and email accounts\n  - Contact with children\n  - Travel plans\n  - Any changes within 7 days\n\n- **Reporting periods**: Range from **8 years to life**, depending on the offence. Life-long reporting can only be suspended by the Supreme Court after 15 years if the offender no longer poses a risk.\n\n- **Child-related work ban**: Registrable offenders cannot work in jobs involving contact with children (schools, childcare, sports clubs, etc.). Maximum penalty: **5 years imprisonment**.\n\n- **Serious offenders face extra controls**: The Commissioner can require more frequent reporting, issue **tracking devices**, or apply to court for **control orders** (restrictions on where they can go, who they can contact, etc.).\n\n- **Public disclosure**: The Commissioner may publish some offenders' details online if they fail to report or their whereabouts are unknown. Parents can also ask whether a specific person is a registrable offender.\n\n- **Protected witnesses**: Special modified reporting applies to people in witness protection programs.\n\n**Why it matters:**\n\nThis is one of South Australia's most intensive schemes for monitoring convicted offenders. It balances community protection with some safeguards — offenders can seek exemptions through the courts or Commissioner, and there are protections against vigilante harassment of identified offenders."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No assessment of scope change is possible as the actual legislative text was not retrievable — the source URL returned a Page Not Found error. Based on general knowledge, the Act has been amended multiple times since 2006, and its scope has broadly expanded over time (e.g. extending to online offences and tightening reporting obligations), but this cannot be confirmed from the provided content."},"complexity_factors":["Multiple categories of registrable offences with different registration periods and obligations","Interaction with Commonwealth law (the National Child Offender System / ANCOR scheme across all Australian jurisdictions)","Tiered obligations depending on offence seriousness and offender classification","Cross-border reporting requirements when offenders travel interstate or internationally","Exceptions and discretionary powers for courts to exempt certain offenders","Ongoing amendment history since 2006 adding complexity to the current version","Enforcement and penalty provisions requiring interpretation alongside criminal law","Privacy considerations balanced against public safety disclosure provisions"],"plain_english_summary":"**The content provided did not contain the actual text of the Child Sex Offenders Registration Act 2006 (SA).** The link returned a 'Page Not Found' error from the South Australian legislation website, meaning the full text of the law could not be retrieved or analysed.\n\n**What we do know about this Act from general knowledge:**\n\nThe *Child Sex Offenders Registration Act 2006* (SA) is South Australian law that establishes and governs a **sex offender registry** — a system for tracking people who have been convicted of sexual offences against children.\n\n**Key things it generally covers:**\n- **Who must register:** People convicted of certain child sex offences (called 'registrable offenders') must formally register with South Australia Police (SAPOL).\n- **Reporting obligations:** Registered offenders must regularly report personal details (name, address, employment, vehicle, travel plans, etc.) to police.\n- **Duration:** How long someone must remain on the register depends on the seriousness of their offence — ranging from several years to life.\n- **Restrictions:** Registered offenders face restrictions on activities involving children (e.g. working with children, attending certain locations).\n- **Penalties:** Breaching registration requirements is a serious criminal offence.\n- **Child protection purpose:** The Act's goal is community safety — particularly protecting children from repeat offending.\n\n⚠️ *A full analysis cannot be completed because the actual legislative text was not accessible. Please retrieve the Act directly from [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and resubmit for a complete assessment.*"}},"importantCases":[],"_links":{"self":"/api/acts/child-sex-offenders-registration-act-2006","history":"/api/acts/child-sex-offenders-registration-act-2006/history","analysis":"/api/acts/child-sex-offenders-registration-act-2006/analysis","conflicts":"/api/acts/child-sex-offenders-registration-act-2006/conflicts","importantCases":"/api/acts/child-sex-offenders-registration-act-2006/important-cases","documents":"/api/acts/child-sex-offenders-registration-act-2006/documents"}}