66FCommissioner may publish personal details of certain registrable offenders

66F Commissioner may publish personal details of certain registrable offenders 66FA Commissioner may provide person with image of certain registrable offenders 66FB Commissioner may inform child's parent or guardian whether specified person is a registrable offender 66G Commissioner may take into account certain matters 66H Protection as to publication and other provision of information 66I Conduct intended to incite animosity towards or harassment of identified offenders and other people 66J Publication, display and distribution of identifying information Part 5C—Control orders 66JA Court may make control order 66JB Terms of control order 66JC Interim control orders 66JD Duration of order 66JE Variation and revocation of order 66JF Offence to contravene or fail to comply with order 66JG Service of order Part 6—Miscellaneous 66K Change of name of registrable offender 66L Information to be provided to parents and guardians 66M Powers of entry, search etc 66N Tracking devices 67 Confidentiality of information 68 Restriction on publication 69 State Records Act 1997 and Freedom of Information Act 1991 not to apply 71 Effect of spent convictions 72 Evidentiary 72A Service 73 Regulations and fee notices Schedule 1—Class 1 and 2 offences 1 Interpretation Part 2—Class 1 offences 2 Class 1 offences Part 3—Class 2 offences 3 Class 2 offences Schedule 2—Information disclosure principles 1 Interpretation 2 General principles governing disclosure 3 Authorisation of disclosure 4 Circumstances where information may be disclosed without authorisation 5 Circumstances where information may be disclosed with authorisation Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Child Sex Offenders Registration Act 2006. 3—Object The object of this Act is to protect children from sexual predators by— (a) requiring 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— (i) to reduce the risk of such offences being committed; and (ii) to facilitate the investigation and prosecution of any offences that are committed; and (b) preventing such persons from engaging in child-related work. 4—Interpretation (1) In this Act, unless the contrary intention appears— child means a person under the age of 18 years; child sex offender registration order means an order made under section 9 and includes a corresponding child sex offender registration order; class 1 offence means an offence listed in Schedule 1 Part 2; class 2 offence means an offence listed in Schedule 1 Part 3; Commissioner means the Commissioner of Police; corresponding 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; corresponding law means a law of a foreign jurisdiction— (a) that 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 (b) that is declared by the regulations to be a corresponding law for the purposes of this Act; corresponding 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; court 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; criminal 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; detainee means a person who— (a) is detained in a training centre within the meaning of the Young Offenders Act 1993; or (b) is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935; disability means intellectual disability or physical disability; The meaning of disability is affected by subsection (3). existing 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; finding of guilt in relation to an offence committed by a person (however expressed) means— (a) a court making a formal finding of guilt in relation to the offence; or (b) a court accepting a plea of guilty or other admission of guilt from the person in relation to the offence; or (c) a 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 (d) in 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, but does not include a finding of guilt that is subsequently quashed or set aside by a court; fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints; foreign jurisdiction means a jurisdiction other than South Australia (including jurisdictions outside Australia); foreign 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; foreign registrable offender has the meaning set out in section 7; foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; good behaviour bond means a bond entered into under the Sentencing Act 2017; government custody means— (a) custody as a prisoner or detainee; or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); intellectual disability means permanent or temporary loss or imperfect development of mental faculties resulting in reduced intellectual capacity; New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales; New South Wales registrable offender has the meaning set out in section 8; offence includes conduct that is, under section 5, equated with an offence for the purposes of this Act; parole 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; personal details means the information listed in section 13(1); physical disability means— (a) the total or partial loss of any function of the body; or (b) the total or partial loss of any part of the body; or (c) the malfunctioning of any part of the body; or (d) the malformation or disfigurement of any part of the body, whether permanent or temporary, but does not include intellectual disability; prisoner has the same meaning as in the Correctional Services Act 1982; register means the register of registrable offenders established under section 60; registrable offence means— (a) a class 1 offence; or (b) a class 2 offence; or (c) an offence that results in the making of a child sex offender registration order; registrable offender has the meaning set out in section 6; registrable repeat offender means a registrable offender who has (whether before or after the commencement of this Act) committed— (a) on at least 3 separate occasions, a class 1 or class 2 offence; or (b) on 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 (c) on at least 1 occasion, an offence against section 50 of the Criminal Law Consolidation Act 1935; reportable contact has the meaning set out in section 4A; reporting obligations, in relation to a registrable offender, means the obligations imposed on him or her under Part 3; reporting period means the period, as determined under Part 3 Division 5, during which a registrable offender must comply with his or her reporting obligations; sentence, in relation to an offence, includes— (a) the 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 (b) the 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 (c) the 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 (d) the making of any equivalent order or declaration under the laws of a foreign jurisdiction; serious registrable offender means— (a) a registrable repeat offender; or (b) a registrable offender who has been declared to be a serious registrable offender under Part 2A; strict supervision means— (a) supervision by a person or body whose functions or powers include supervision of persons in government custody or persons subject to a supervised sentence; and (b) supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a); supervised sentence means— (a) parole; or (b) a sentence of home detention; or (c) a sentence of community service; or (d) a good behaviour bond under which the person entering into the bond is required to submit to strict supervision; or (e) a 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; supervising 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. (2) For the purposes of this Act, offences arise from the same incident only if— (a) they are committed by the offender within a single period of 24 hours and are committed against the same person; or (b) they are the result of a single act or omission of the offender (whether committed against the same person or not). (2a) For 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. (3) For 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. (4) A 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). (5) A 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. 4A—Meaning of reportable contact (1) For the purposes of this Act, a person has reportable contact with a child— (a) if— (i) the person has contact with the child consisting of— (A) any form of physical contact or close physical proximity with the child; or (B) any form of communication with the child (whether in person, in writing, by telephone or other electronic device); and (ii) the contact with the child— (A) occurs in the course of— • the person or the child visiting or residing at a dwelling (whether the person and the child are alone or with others); or • the person (whether alone or with others) supervising or caring for the child; or (B) involves 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 (b) if the person has contact of a kind, or occurring in circumstances, prescribed by the regulations. (2) For the purposes of subsection (1), a reference to a child includes— (a) a person who the registrable offender believes, at the time the contact occurs, is under the age of 18 years; and (b) a fictitious person represented to the registrable offender at the time the contact occurs as being a real person under the age of 18 years. (3) A reference to a dwelling in subsection (1)(a)(ii)(A) includes any form of accommodation (including temporary accommodation). (4) To avoid doubt, reportable contact includes contact that is supervised. 5—Conduct equated with commission of an offence If 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. 5A—Criminal intelligence (1) If 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. (2) In any proceedings under this Act, the court determining the proceedings— (a) must, 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 (b) may 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. (3) The 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.