Child Sex Offenders Registration Act 2006

The Act defines a series of core concepts. A registrable offender is a person sentenced for a class 1 or class 2 offence (as defined in Schedule 1) or a person subject to a child sex offender registration order (s 6(1)). Foreign registrable offenders and New South Wales registrable offenders are also included (s 6(2)). Class 1 offences (Schedule 1 Part 2) include the most serious sexual and violent offences against children, such as murder arising from the same incident as a sexual offence, rape of a child, unlawful sexual intercourse (except in prescribed circumstances), sexual abuse of a child, persistent sexual exploitation, and offences against Commonwealth provisions relating to child pornography and sexual activity outside Australia. Class 2 offences (Schedule 1 Part 3) encompass other serious offences including indecent assault (except prescribed circumstances), gross indecency, production or possession of child exploitation material, procurement of a child for sexual acts, and various Commonwealth offences such as using a carriage service to transmit child abuse material. An offence may become a registrable offence even if it is not a class 1 or 2 offence if a court makes a child sex offender registration order under s 9 upon being satisfied the person poses a risk to children.

Reporting obligations (Part 3) are the duties imposed on registrable offenders to provide and update personal details, make annual reports, report travel, and report reportable contact with a child. Reportable contact (s 4A) encompasses physical contact, close proximity, communication (in person, in writing, or by electronic device) occurring in a dwelling or in the context of supervision or care, or where the person provides or obtains contact details. It includes contact with a fictitious person represented as a child (s 4A(2)). The reporting period is determined under Part 3 Division 5 and ranges from 8 years for a single class 2 offence where the sentence included imprisonment or a supervised sentence, to life for multiple class 1 offences or an offence against s 50 of the Criminal Law Consolidation Act (sexual abuse of a child) (s 34). A serious registrable offender is a registrable repeat offender or a person declared under Part 2A by the Commissioner on the grounds that the offender is at risk of committing further class 1 or class 2 offences (s 10A). Additional reporting requirements can be imposed on serious registrable offenders under s 15A.

Child-related work is defined broadly in s 64 to include work involving contact with a child in connection with pre-schools, child care centres, educational institutions, child protection services, juvenile detention centres, foster care, hospital wards, overnight camps, clubs and associations with significant child membership, programs or events for children, businesses employing children, religious or spiritual organisations, counselling or support services, commercial baby sitting or child minding, commercial tuition, transport services, and work in connection with taxi and hire car services. Work itself is defined widely and includes paid employment, self-employment, unpaid volunteer work, practical training, and work as a minister of religion (s 64(1) definition of work).

The register to be maintained by the Commissioner under s 60 contains the offender’s name and identifying particulars, details of all relevant offences, sentencing dates, custody dates, information reported under Part 3, any Part 2A declaration, Part 5A declaration, and tracking device requirements. Access is restricted in accordance with guidelines approved by the Minister (s 61). Offenders have a right to request a copy of information held and to seek amendment of incorrect information (s 63).

The Act primarily affects persons who become registrable offenders as defined in s 6. This includes any person whom a court has sentenced for a class 1 or class 2 offence, regardless of when the sentencing occurred, and any person who is or has been subject to a child sex offender registration order. However, certain persons are excluded. A person is not a registrable offender merely because they committed a class 1 or class 2 offence while they themselves were a child (s 6(3)(a)), nor if they were sentenced for a single class 2 offence that did not include a term of imprisonment and was not a supervised sentence (s 6(3)(b)). Further, historical offences more than 8 years (single class 2) or 15 years (single class 1 or two class 2) before commencement of the section do not of themselves make a person a registrable offender, unless they are also a foreign or NSW registrable offender or were in government custody at commencement (s 6(4)). Persons receiving protection under a prescribed foreign witness protection law are excluded (s 6(5)).

The Act also applies to foreign registrable offenders - persons sentenced in a foreign jurisdiction for an offence that would require reporting under that jurisdiction’s corresponding law (s 7). New South Wales registrable offenders are those who were subject to reporting under the NSW Child Protection (Offenders Registration) Act 2000 before a date specified by regulations and who are not within a prescribed excluded class (s 8). In addition, persons who are not themselves registrable offenders may be affected by provisions such as s 14, which requires any person who has been required to report to a corresponding registrar to contact SA Police upon entering the State for 7 or more consecutive days (unless they are a protected witness under Division 9). Employers and prospective employers are affected by the disclosure obligations under ss 65A and 66, and parents and guardians may receive information from the Commissioner under s 66FB about whether a specified person is a registrable offender.

Children may be indirectly affected as victims identified in the register or as persons about whom information is provided to parents. However, the Act contains restrictions on publishing information that would identify a child (s 66EC, s 66ED). Legal practitioners, supervising authorities, and law enforcement bodies are also affected as recipients of information under the information disclosure principles in Schedule 2.

The scheme imposes obligations on courts (s 49) and supervising authorities (s 51) to notify the Commissioner of relevant events. Failure by these bodies to comply does not affect the registrable offender’s obligations (s 53).

Duties. The core duty is to comply with reporting obligations under Part 3. A registrable offender must make an initial report of personal details within the time periods specified in s 11 (for example, within 7 days after release from government custody, or within 7 days after sentencing). Thereafter, the offender must make an annual report on a date specified by the Commissioner, or by the end of the month of the anniversary of the last report (s 15). Changes to personal details must be reported within 7 days (s 16). For serious registrable offenders, additional reports may be required at intervals of less than one year but not less than one month (s 15A). Travel obligations are detailed: any intention to leave South Australia for 7 or more consecutive days (domestic) or for any period (international) must be reported at least 7 days before departure (s 17). Changes to travel plans while away must be reported as soon as practicable (s 18). Return must be reported within 7 days of being back and remaining for 7 consecutive days, and passports must be presented for inspection (s 19). If an offender leaves SA on average at least once a month, they must provide general details of reason, frequency and destinations (s 20). Critically, reportable contact with a child must be reported within 2 days of such contact occurring (s 20A). This is a stand-alone duty that applies despite any other provision.

The duty to attend in person applies to initial reports, annual reports, additional reports under s 15A, change of address, change of tattoos or marks, intended travel out of Australia, return from travel, and reportable contact reports (s 22(1)). The Commissioner may approve alternative methods such as email (s 22(2)). For persons with a disability or children, a parent, guardian, carer or nominated adult may make the report on behalf of the offender, but attendance of both the offender and the helper is generally required (s 22(4)). A person making a report in person must present a driver’s licence, passport and other identification, and provide a photograph (s 25).

Offenders are prohibited from engaging in child-related work (s 65), with a defence if they did not know the work was child-related. They must obtain the Commissioner’s written permission before changing their name (s 66K). They must disclose to the employer any arrest or report for a class 1 or class 2 offence within 7 days (s 66). They must also inform parents or guardians of children with whom they intend to reside or stay overnight of their status and the relevant offences (s 66L(1)). A serious registrable offender who has or intends to have reportable contact must tell an available responsible adult (s 66L(2)). There is a duty to provide passwords and codes to police when inspecting electronic devices under s 66M(3), and to wear or carry a tracking device if required (s 66N).

Rights. An offender has the right to make a report out of the hearing of the public and to be accompanied by a support person (s 23). A child must be accompanied by a parent or guardian. The Commissioner must acknowledge receipt of reports in writing (s 24). An offender has the right to request a copy of reportable information held on the register and to request amendment of incorrect information (s 63). They may apply to the Commissioner for a declaration modifying reporting obligations or exempting them from the child-related work prohibition (Part 5A). Lifelong offenders may apply to the Supreme Court after 15 years for suspension of reporting obligations (s 37). Offenders may appeal various decisions of the Commissioner (e.g., serious registrable offender declaration, refusal of exemption, tracking device requirement) to the Administrative and Disciplinary Division of the District Court (ss 10B, 66E, 66N(5)). There is a defence of reasonable excuse for failing to comply with reporting obligations (s 44(2)), and a defence that the person had not received notice and was otherwise unaware of the obligation (s 44(3)).

Penalties. The Act creates several offences with significant penalties. The central offence is failing to comply with reporting obligations: maximum penalty $10,000 or imprisonment for 2 years (s 44(1)). However, failure to comply with a reportable contact reporting obligation carries a higher maximum of $25,000 or imprisonment for 5 years (s 44(1a)). Furnishing false or misleading information in purported compliance carries the same penalties: $10,000 or 2 years for ordinary information, $25,000 or 5 years for information relating to reportable contact (s 45). The prohibition on engaging in child-related work carries a maximum penalty of 5 years imprisonment (s 65(1)). Failure to disclose an arrest or report to an employer carries a fine of $5,000 (s 66). Offences relating to control orders: contravention or non-compliance with a control order (including an interim order) carries 5 years imprisonment (s 66JF(1)). The offence of inciting animosity or harassment towards an identified offender carries 10 years imprisonment if intentional, or 2 years if likely to create such animosity (s 66I(1)-(2)). Publishing, distributing or displaying identifying information without Ministerial approval carries 2 years imprisonment (s 66J(1)). Failure to remove such information after the Commissioner removes it from the register website carries 2 years (s 66J(1d)). Unauthorised disclosure of information obtained under the Act carries 5 years (s 67(2)). Failure to comply with a tracking device requirement carries $10,000 or 2 years (s 66N(2)). Failure to obtain permission before changing name carries $10,000 or 2 years (s 66K(1)). Failure to disclose status to parents or guardians carries $25,000 or 5 years (s 66L). Failure to provide passwords for computer inspection carries $25,000 or 5 years (s 66M(3)).

Time limit for prosecutions is 2 years from the alleged commission of the offence, unless the Attorney-General authorises later commencement (s 46). There is a bar to prosecution under s 17 if the offender has already been found guilty of failing to report under a corresponding law for the same travel (s 47).

Enforcement powers. Police have broad powers to ensure compliance. Under s 66M, a police officer may enter, break open and search any premises reasonably suspected to be occupied by a registrable offender, stop and search the offender and anything in their possession, break open cupboards and containers, inspect any computer or electronic device, and remove such devices for inspection. The officer may use force as reasonably necessary (s 66M(7)). The offender must provide passwords or codes to gain access to data; failure to do so is an offence (s 66M(3)). For serious registrable offenders, the Commissioner may require them to wear or carry a tracking device (s 66N). The Commissioner may also make a control order application to the Magistrates Court if satisfied on balance of probabilities that the offender poses a risk to children and the order will reduce that risk (s 66JA). Control orders may prohibit or restrict association, presence at locations, employment, or other conduct (s 66JB). Interim orders may be made (s 66JC). The Commissioner may publish personal details of offenders who have failed to comply with reporting obligations and whose whereabouts are unknown (s 66F). The Commissioner may provide images of certain offenders to persons residing in their locality (s 66FA) and may inform a parent or guardian whether a specified person is a registrable offender (s 66FB). All these powers are subject to conditions and restrictions, particularly regarding children and protected witnesses.

The Act contains several provisions addressing its interaction with other legal regimes. Section 69 provides that the State Records Act 1997 does not apply to information obtained under this Act, and information obtained under this Act is not liable to disclosure under the Freedom of Information Act 1991. This establishes a strong confidentiality framework for the register and reporting information. Spent convictions legislation is overridden: section 71 provides that the fact that an offence becomes spent does not affect its status as a registrable offence or any reporting obligations. This means that even if a conviction is no longer disclosable under spent convictions laws in any jurisdiction, the registration and reporting obligations continue unaffected.

The Act interacts with criminal procedure and sentencing laws. Sentencing for a class 1 or class 2 offence triggers registration, and the definition of “sentence” in s 4 includes orders under the Sentencing Act 2017 and declarations under Part 8A of the Criminal Law Consolidation Act 1935 (liability to supervision). The definition of “court” includes courts of foreign jurisdictions, but does not include a family conference under the Young Offenders Act 1993 (s 4(1) definition of court). The Act also cross-references the Bail Act 1985 for the effect of the child-related work definition on bail applications (transitional provisions of the 2024 amendment Act, Schedule 1 clause 4).

Corresponding laws of other Australian states and foreign jurisdictions are recognised. The Act allows the Commissioner to rely on a corresponding child sex offender registration order (s 6(1)(b)), foreign registrable offenders (s 7), and New South Wales registrable offenders (s 8). Persons required to report under a corresponding law who come into SA must contact the Commissioner under s 14. The Act also gives effect to information sharing arrangements: the register may include information from registers maintained under corresponding laws (s 61(4)), and certificates under corresponding laws are evidence in SA proceedings (s 72(2)). The Act does not override the Witness Protection Act 1996; rather, it provides modified reporting procedures for participants in the State Witness Protection Program (Div 9 of Part 3) and excludes from the definition of registrable offender persons receiving protection under a prescribed foreign witness protection law (s 6(5)). The Act also incorporates the Independent Commission Against Corruption Act 2012, the Ombudsman Act 1972, and the Police Complaints and Discipline Act 2016 by reference in disclosure provisions (s 67(3)(f); Sch 2 cl 4(f)).

The Act does not apply to certain information under the Children and Young People (Safety) Act 2017: s 66ED restricts the Commissioner from publishing information that would identify a child in the guardianship or custody of the Chief Executive under that Act.

The Act was originally passed in 2006 and has been amended extensively. Key amendments include the Child Sex Offenders Registration (Registration of Internet Activities) Amendment Act 2009, which added requirements to report carriage service and internet details (s 13(1)(m)-(p)). The Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013 (Act No 41 of 2013) was a major reform that introduced the concept of criminal intelligence (s 5A), reportable contact (s 4A), serious registrable offender declarations (Part 2A), additional reporting requirements for serious registrable offenders (s 15A), offences relating to reportable contact (ss 44(1a), 45(2)), a new Part 5A (Commissioner’s power to grant exemptions and modifications), a new Part 5B (publication of information about registrable offenders), new Part 5C (control orders) inserted by the 2014 amendment, and new provisions on change of name (s 66K), disclosure to parents and guardians (s 66L), power of entry and search (s 66M), and tracking devices (s 66N). The commencement of these provisions was staged between December 2013 and June 2014.

The Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Act 2014 (Act No 6 of 2014) inserted Part 5C (control orders) and amended provisions relating to publication, including the insertion of s 66J(1a)-(1d) requiring removal of identifying information and granting Ministerial approval powers. The Statutes Amendment (Attorney-General’s Portfolio) (No 2) Act 2017 amended Schedule 1 class 1 offences to include persistent sexual exploitation and other reforms. The Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019 added offences relating to child-like sex dolls. The Statutes Amendment (Child Sex Offences) Act 2022 (Act No 9 of 2022) amended the definition of reportable contact, added transitional provisions removing bestiality and certain unlawful sexual intercourse offences from retrospective registration, and updated Schedule 1.

The Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024 (Act No 7 of 2024) expanded the definition of child-related work to include businesses or undertakings in which children are employed (s 64(1) definition, para (ka)). This commenced on 1 July 2025, with transitional provisions allowing a six-month grace period for existing workers to apply for exemptions. The Child Sex Offenders Registration (Public Register) Amendment Act 2024 (Act No 45 of 2024) commenced in stages from April 2025 through February 2026. It introduced provisions allowing the Commissioner to provide images of certain offenders to persons in the locality (s 66FA), to inform parents/guardians whether a specified person is a registrable offender (s 66FB), and restrictions on publication of information about protected witnesses and children in care (ss 66EC-66ED). The Child Sex Offenders Registration (Miscellaneous) Amendment Act 2025 (Act No 57 of 2025) further amended reporting obligations, including new provisions for offenders in government custody (s 16(4)), new powers for the Commissioner to specify a date for reporting (s 21(1b)), and amendments to Schedule 1 and Schedule 2.

The Act does not itself set out any case law or litigation history. However, it provides multiple avenues for judicial review and appeal, which have likely generated case law in the South Australian courts. Section 10 allows an appeal against a child sex offender registration order to the Supreme Court (if made by the Magistrates Court) or in the same way as an appeal against sentence. Section 10B provides for appeal to the Administrative and Disciplinary Division of the District Court against a serious registrable offender declaration. Section 57 provides for appeal to the same division against a decision under Division 9 (protected witness status). Section 66E provides for appeal against decisions under Part 5A (exemptions, modifications, suspensions). Section 66N(5) provides for appeal against a tracking device requirement. The Supreme Court has jurisdiction under Part 3 Division 6 to suspend lifetime reporting obligations on application after 15 years (s 37). The Magistrates Court has jurisdiction in control order applications (Part 5C) and additional reporting requirements for serious registrable offenders (s 15A(5)).

The Act includes procedural protections such as the right to reasons, time limits for instituting appeals (generally 1 month), and the requirement that the Commissioner give reasons on request. In proceedings, the court must maintain confidentiality of criminal intelligence classified by the Commissioner under s 5A(2). The Act also provides that no costs may be awarded in proceedings under Division 6 (s 40). The Ombudsman may review decisions of the Commissioner refusing to amend register information (s 63(5)). Given the Act’s long history and the number of registrable offenders subject to it, there is likely an established body of case law interpreting key provisions, such as the meaning of “reportable contact” or “reasonable excuse” for failing to report. Practitioners should consult the South Australian Supreme Court and District Court databases for relevant decisions.

Several provisions in the Act can trap unwary registrable offenders or their legal advisors. Section 53 is critical: a failure by any official (including a court or supervising authority) to give required notices does not affect the offender’s reporting obligations. This means an offender cannot rely on being not notified by police or corrections as a defence if they were otherwise aware of the obligation. The only complete defence is if the offender had not received notice and was otherwise unaware (s 44(3)), but this is a high bar. Section 32(2) provides that any period during which reporting obligations are suspended (e.g., while in government custody or outside SA) does not count towards the reporting period. This means that an 8-year reporting period can extend substantially if the offender spends significant time in custody or overseas. Offenders must keep track of the actual calendar time served.

Section 20A requires reportable contact to be reported within 2 days. This is an extremely short timeframe, and the definition of reportable contact is broad (s 4A): it includes even supervised contact, contact via electronic communication, and contact with a child in a dwelling. Any contact that could be construed as “care” or “supervision” triggers this obligation. There is a separate higher penalty for failing to report reportable contact (5 years imprisonment). Section 66L requires disclosure to parents/guardians if an offender intends to generally reside in the same household as a child or stay overnight. This applies even if the child is the offender’s own child. Offenders must disclose not only their status but the specific offences that resulted in registration. Failure carries 5 years imprisonment.

Section 66K prohibits a registrable offender from changing their name without the Commissioner’s written permission. This applies to any change of name under the Births, Deaths and Marriages Registration Act 1996 or any other jurisdiction’s name change law. The Registrar must refuse to register a change without the Commissioner’s permission. An offender who changes name without permission faces a criminal penalty, and a court may declare the change void.

Section 66M(3) requires an offender to provide passwords, codes or other information to allow police to access data on computers or electronic devices. This is a positive duty; failure to provide a password is an offence carrying 5 years imprisonment, and if the device is owned by the offender, it is forfeited to the Crown on conviction (s 66M(4)). Police also have power to remove devices for up to 2 months for inspection (s 66M(5)). Another trap: the reporting period for a person with a single class 2 offence where the sentence did not include imprisonment and was not a supervised sentence is not 8 years , such a person is not a registrable offender at all under s 6(3)(b). But if a child sex offender registration order is made in relation to that offence, then the reporting period is the period specified by the court (s 34 Table row 2). Practitioners must carefully analyse the offender’s criminal history to determine whether they are even registrable.

The Act contains restrictions on publication of identifying information. Section 66J makes it an offence to publish, distribute or display identifying information without the Minister’s written approval, punishable by 2 years imprisonment. Even after the Commissioner removes personal details from the website, any person who had published them on a website must take reasonable steps to remove them (s 66J(1d)). Section 66I creates an offence of inciting animosity or harassment towards an identified offender (10 years for intentional conduct). This can apply to media reporting or online discussion.

Criminal intelligence provisions (s 5A) allow the Commissioner to make decisions based on classified criminal intelligence. In proceedings, the court must take steps to maintain confidentiality, including hearing evidence in private absent the parties. The only reason required for such a decision is that it was made on public interest grounds. This can limit an offender’s ability to challenge decisions such as serious registrable offender declarations.

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.