Div 6Exemption from reporting obligations granted by Supreme Court

Division 6—Exemption from reporting obligations granted by Supreme Court 37—Supreme Court may exempt certain registrable offenders (1) This 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. (2) If— (a) a 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 (b) he 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 (c) he or she is not on parole in respect of a registrable offence, the registrable offender may apply to the Supreme Court for an order suspending his or her reporting obligations. 38—Order for suspension (1) On an application under section 37(2), the Supreme Court may make an order suspending the registrable offender's reporting obligations. (2) The 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. (3) In deciding whether to make the order, the Court must take into account— (a) the seriousness of the registrable offender's registrable offences and foreign registrable offences; and (b) the period of time since those offences were committed; and (c) whether the registrable offender has ever been subject to a restraining order under section 99AA of the Summary Procedure Act 1921; and (ca) whether the registrable offender has ever been subject to a declaration under Part 2A or an order under section 15A; and (d) the 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 (e) the registrable offender's present age; and (f) the registrable offender's total criminal record; and (g) any other matter the Court considers appropriate. 39—Commissioner is party to application The 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. 40—No costs to be awarded The Supreme Court may not award costs in respect of proceedings under this Division. 41—Restriction on right of unsuccessful applicant to re-apply for order A 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. 42—Cessation of order (1) An order made under this Division ceases to have effect if, at any time after the making of the order, the registrable offender— (a) is made subject to a child sex offender registration order; or (ab) is charged with a class 1 or class 2 offence; or (b) is found guilty of a class 1 or class 2 offence; or (c) becomes a foreign registrable offender who must under section 35 continue to comply with the reporting obligations imposed by this Part for any period. (2) An order that ceased to have effect in accordance with subsection (1) is revived— (a) in 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 (ab) in 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 (b) in 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. (3) For 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. 43—Application for new order (1) If an order ceases to have effect in accordance with section 42(1), the registrable offender may apply under this Division for a new order. (2) Section 41 does not apply with respect to an application referred to in subsection (1). (3) If 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.