Compliance begins with understanding whether a person is a registrable offender and, if so, the duration of the reporting period. The Commissioner must give written notice of reporting obligations and consequences (s 48). However, as s 53 warns, lack of notice from an official is not a defence if the offender is otherwise aware. Practitioners should advise clients to proactively confirm their registration status and reporting period with SA Police.
Initial report. An offender must make an initial report of personal details within the time prescribed by s 11. For those sentenced in SA and not held in custody, this is within 7 days after sentencing. For those released from government custody, within 7 days. For those entering SA from another jurisdiction, within 7 days of being in SA for 7 consecutive days. The report must be made in person at a police station (or other place directed by the Commissioner) (s 22(1)). The information required includes name, date of birth, addresses, details of children in the household, employment, club affiliations, vehicle details, tattoos, passports, travel patterns, and all internet and telecommunications details (s 13(1)). A current passport must be presented for inspection (s 25(2a)). The person must bring identification such as a driver’s licence.
Annual report. After the initial report, an annual report must be made on the date specified by the Commissioner, or by the end of the calendar month of the anniversary of the last report (s 15(2)). This must also be done in person. If the offender has been in government custody since last reporting, details of that custody must be included (s 15(3)).
Change of details. Any change in personal details must be reported within 7 days (s 16(1)). For changes in residence or work premises, the change is deemed to occur only after the offender has been at the new address for 14 days in any 12-month period (s 16(2)). If the offender is outside SA when a change occurs, they must report within 7 days of returning to SA and remaining for 7 consecutive days (s 16(3)). Offenders in government custody for 7 or more days must report changes within 7 days of release or before leaving SA (s 16(4)).
Travel. Before leaving SA for 7 or more consecutive days within Australia, or for any period outside Australia, the offender must report at least 7 days before departure (s 17). This can be reduced to 24 hours if impracticable (s 17(3)). Details must include all destinations and approximate dates. If travel plans change, the offender must advise as soon as practicable (s 18). Upon return to SA, the offender must report within 7 days of being back for 7 consecutive days and present their passport if they travelled out of Australia (s 19(2)). Frequent travellers (average at least once a month) must provide general reasons, frequency and destinations (s 20).
Reportable contact. Any reportable contact with a child must be reported within 2 days (s 20A). This is a high-priority obligation. Offenders should keep a record of all interactions with children that might fall within the definition in s 4A. If in doubt, report.
Additional obligations for serious registrable offenders. If declared a serious registrable offender, the offender may be required to report at intervals of less than a year (not less than one month) under s 15A. They must also comply with any control order or tracking device requirement.
Exemptions and modifications. An offender may apply to the Commissioner for a declaration modifying reporting obligations or exempting from the child-related work prohibition (Part 5A). The Commissioner may require a risk assessment at the applicant’s cost (s 66B(2)-(3)). Applications can only be made once every 12 months (s 66D(1)(c)). For lifelong offenders, an application to the Supreme Court for suspension may be made after 15 years free of custody and sentencing (s 37). Legal assistance should be sought for such applications.
General compliance strategy. Maintain a diary of reporting dates and travel plans. Always attend the police station at the directed time. Keep the Commissioner updated of any new addresses, employment, vehicles, tattoos, email addresses, social media accounts, and child contact. Never change name without prior written permission. Disclose registration status to any parent or guardian before residing or staying overnight with a child. Disclose any arrest or report for a class 1 or 2 offence to an employer if engaged in child-related work. If unsure whether an activity amounts to child-related work, seek legal advice or apply for an exemption. Finally, an offender should obtain the Commissioner’s written acknowledgment of each report (s 24) and retain copies for their records.