Div 2Ongoing reporting obligations

Division 2—Ongoing reporting obligations 15—Registrable offender must report annually (1) A registrable offender must report his or her personal details to the Commissioner each year. (2) The registrable offender must make the annual report— (a) on the date specified by the Commissioner by notice in writing to the registrable offender, being a date— (i) not less than 1 month after the date on which the notice was given; and (ii) not less than 12 months after the date of the last annual report by the offender under this Act (if any); or (b) if 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. (3) If 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. (4) If 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. 15A—Serious registrable offender may be required to make additional reports (1) If the Commissioner has reason to suspect that a serious registrable offender— (a) may fail to comply with this Act; or (b) poses a risk to the safety and well‑being of children, the Commissioner may make a declaration imposing additional reporting requirements on the serious registrable offender. (2) Subject to this section, a declaration under this section operates during the period determined by the Commissioner. (3) A 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. (4) The 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. (5) The 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— (a) to ensure that the serious registrable offender complies with this Act; or (b) to minimise any risk to the safety and well‑being of children. (6) For 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). (7) The Magistrates Court may vary or revoke an order made under this section on application by— (a) the Commissioner; or (b) the serious registrable offender. (8) An 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. (9) The Commissioner is a party to an application under subsection (7)(b) and may make any submission to the Court in respect of the application. (10) A 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). (11) In this section— additional 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. 16—Registrable offender must report changes to relevant personal details (1) A registrable offender must report to the Commissioner any change in his or her personal details within 7 days after that change occurs. (2) For 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). (3) If 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. Under 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. (4) A registrable offender who is in government custody for 7 or more consecutive days must— (a) if they have reported their personal details to the Commissioner within the previous 6 months, report any changes to those details to the Commissioner— (i) within 7 days after they cease to be in government custody; or (ii) before leaving South Australia, whichever occurs first; or (b) if they have not reported their personal details to the Commissioner within the previous 6 months, report their personal details to the Commissioner— (i) within 7 days after they cease to be in government custody; or (ii) before leaving South Australia, whichever occurs first. (5) If— (a) the 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 (b) the registrable offender's reporting obligations cease to be so suspended, he or she must report the change to the Commissioner within 7 days after cessation of the suspension. 17—Intended absence from South Australia to be reported (1) This section applies if a registrable offender— (a) intends to leave South Australia for 7 or more consecutive days to travel elsewhere in Australia; or (b) intends to leave South Australia to travel out of Australia. (2) At least 7 days before leaving South Australia, the registrable offender must report the intended travel to the Commissioner and must provide details of— (a) each State, Territory or country to which he or she intends to go while out of South Australia; and (b) the approximate dates during which he or she intends to be in each of those States, Territories or countries; and (c) each 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 (d) if he or she intends to return to South Australia, the approximate date on which he or she intends to return; and (e) if he or she does not intend to return to South Australia—a statement of that intention. (3) If 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. 18—Change of travel plans while out of South Australia to be given (1) This section applies if a registrable offender who is out of South Australia decides— (a) to extend a stay elsewhere in Australia beyond 6 days; or (b) to change any details given to the Commissioner under section 17. (2) As soon as practicable after making the decision, the registrable offender must— (a) if 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 (b) if subsection (1)(b) applies, report the changed details to the Commissioner. (3) The registrable offender must make the report— (a) by writing sent by post or transmitted electronically to the Commissioner or to any other address permitted by the regulations; or (b) in any other manner permitted by the regulations. 19—Registrable offender to report return to South Australia or decision not to leave (1) This section applies if a registrable offender was required to report that he or she intended to leave South Australia under section 17. (2) If 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)— (a) report his or her return to the Commissioner; and (b) if the registrable offender travelled out of Australia—present his or her passport for inspection and copying. (3) If 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. 20—Report of other absences from South Australia (1) This 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). (2) The registrable offender must report the following details to the Commissioner: (a) in general terms, the reason for travelling; (b) in general terms, the frequency and destinations of the travel. 20A—Report of reportable contact Despite 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.