Part 6Miscellaneous

Part 6—Miscellaneous 66K—Change of name of registrable offender (1) A registrable offender must obtain the Commissioner's written permission before changing, or applying to change, the offender's name under the Births, Deaths and Marriages Registration Act 1996 or a law of another jurisdiction that provides for registration of a change of name. (2) In deciding whether to give the permission, the Commissioner must consider each of the following: (a) the safety of the registrable offender and other persons; (b) the registrable offender's rehabilitation, care or treatment; (c) whether the proposed name change could be used to further an unlawful activity or purpose; (d) whether the proposed name change could be considered offensive to a victim of a crime or an immediate family member of a deceased victim of a crime. (2a) The Registrar under the Births, Deaths and Marriages Registration Act 1996— (a) must not register a change of name of a registrable offender unless he or she has received a copy of the Commissioner's written permission; and (b) must notify the Commissioner of a change of name of a registrable offender. (3) If a court convicts a person of an offence against subsection (1), the court may, on application by the prosecution, declare a change of name registered under the Births, Deaths and Marriages Registration Act 1996 in relation to the person to be void (and the Registrar under that Act must, on being notified by the Commissioner of that declaration, correct the Register maintained under that Act). 66L—Information to be provided to parents and guardians (1) A registrable offender who is to— (a) generally reside in the same household as that in which a child generally resides; or (b) stay overnight in a household in which a child is also staying overnight, must, before doing so, tell each parent or guardian of the child who generally resides in the same household as the child— (c) that he or she is a registrable offender under this Act; and (d) what the offence or offences were that resulted in him or her becoming a registrable offender. (2) A serious registrable offender who has, or intends to have, reportable contact with a child must, as soon as practicable after the contact, or after forming the intention to have contact, tell an available responsible adult— (a) that he or she is a serious registrable offender under this Act; and (b) what the offence or offences were that resulted in him or her becoming a serious registrable offender. available responsible adult, in relation to a serious registrable offender's contact with a child, means— (a) a parent or guardian of the child that is known to the serious registrable offender; or (b) an adult person apparently responsible for the supervision of the child at the time of the contact or when the serious registrable offender forms the intention to have the contact. 66M—Powers of entry, search etc (1) A police officer may, for the purpose of ensuring compliance with this Act— (a) enter into, break open and search any premises that the police officer suspects on reasonable grounds are occupied by, or under the care, control or management of a registrable offender; and (b) stop and search a registrable offender, and anything in the possession of or under the control of the registrable offender. (2) The police officer may exercise all or any of the following powers in connection with a search authorised under this section: (a) the officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, at the premises or in the possession or under the control of the registrable offender; (b) the officer may inspect any computer or device capable of storing electronic data at those premises or in the possession or under the control of the registrable offender; (c) the officer may remove from the premises or from the registrable offender any computer or device capable of storing electronic data for the purpose of inspecting the computer or device. (3) If a registrable offender is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, he or she must provide the police officer with that password, code or information or assist the police officer in performing that function. Maximum penalty: $25 000 or imprisonment for 5 years. (4) If a registrable offender is convicted of an offence against subsection (3) in relation to a computer or device that is owned by him or her, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct. (5) If a computer or device removed from premises or from a registrable offender in accordance with this section is not to be seized and retained as evidence of an offence, the computer or device must be returned to the person from whom it was seized— (a) as soon as practicable following inspection of the computer or device; or (b) within 2 months after the removal, whichever occurs first. (6) A police officer exercising powers under this section may be assisted by such persons as he or she thinks necessary. (7) A police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose. (8) This section is in addition to, and does not derogate from, any other police powers. 66N—Tracking devices (1) The Commissioner may, on such grounds as the Commissioner thinks fit, issue a requirement to a serious registrable offender that he or she wear or carry a tracking device supplied by the Commissioner for the purpose of monitoring his or her whereabouts (either at all times or at times specified by the Commissioner). (2) If the Commissioner issues a requirement under this section, the serious registrable offender to whom it is issued must— (a) wear or carry the device supplied by the Commissioner in accordance with the requirement; and (b) take reasonable care to maintain the device undamaged (other than by normal wear and tear) during the period for which the requirement applies; and (c) comply with all reasonable directions of the Commissioner in relation to the device during the period for which the requirement applies. (3) A requirement under this section remains in force for the period specified by the Commissioner when issuing the requirement or until revoked in accordance with this section. (4) The Commissioner may vary or revoke a requirement under this section at any time, on his or her own initiative or on application by the serious registrable offender. (5) A serious registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this section may appeal against the decision to the Administrative and Disciplinary Division of the District Court. (6) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against. (7) The Commissioner must, on application by the serious registrable offender, give the offender a written statement of the reasons for the decision. (8) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the serious registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons. (9) In this section— tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object. 67—Confidentiality of information (1) A person who has, or has had, access to information about a registrable offender obtained under this Act must not disclose the information unless— (a) the disclosure is only of information of a prescribed kind and is made to a police officer for law enforcement purposes; or (b) the disclosure is made in accordance with the information disclosure principles set out in Schedule 2 or otherwise in accordance with this Act. (2) A person who intentionally or recklessly discloses information in contravention of subsection (1) is guilty of an offence. (3) A person who has, or has had, access to information about a person obtained under section 65A(3) or 66 must not disclose the information except— (a) to a court or tribunal in the course of legal proceedings; or (b) pursuant to an order of a court or tribunal; or (c) to a law enforcement or prosecution authority of this State or of a foreign jurisdiction or any other authority established by the government of this State or of a foreign jurisdiction to facilitate law enforcement or the prosecution of offences; or (d) to a legal practitioner for the purpose of obtaining legal advice or representation; or (e) with the written authority of the person to whom the information relates; or (f) to the Independent Commission Against Corruption, the Office for Public Integrity, the Ombudsman or the Internal Investigation Section of South Australia Police for the purposes of an investigation under the Independent Commission Against Corruption Act 2012, the Ombudsman Act 1972, the Police Complaints and Discipline Act 2016 or this Act; or (g) as required or authorised by or under any Act or law. (4) A person who intentionally or recklessly discloses information in contravention of subsection (3) is guilty of an offence. Maximum penalty: $5 000. 68—Restriction on publication A person must not intentionally or recklessly publish by newspaper, radio, television or in any other way, a report containing information that has been disclosed in contravention of section 67. 69—State Records Act 1997 and Freedom of Information Act 1991 not to apply (1) The State Records Act 1997 does not apply to information obtained under this Act. (2) Information obtained under this Act is not liable to disclosure under the Freedom of Information Act 1991. 71—Effect of spent convictions (1) The fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect— (a) the status of the offence as a registrable offence for the purposes of this Act in respect of the registrable offender; or (b) any reporting obligations of the registrable offender. (2) For the purposes of this section, an offence becomes spent if, under a law in any jurisdiction, the registrable offender is permitted to not disclose the fact that he or she was convicted or found guilty of the offence. 72—Evidentiary (1) In proceedings under this Act, a certificate signed by the Commissioner, or a police officer holding a position designated in writing by the Commissioner for the purposes of this section, certifying that the register— (a) at any particular date contained information specified in the certificate; or (b) indicated that, during any particular period, a specified person failed to notify information as required by this Act, is evidence, and in the absence of evidence to the contrary is proof, of the details specified in the certificate. (2) For the purposes of this Act, a certificate that would be evidence under a corresponding law that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence, and in the absence of evidence to the contrary is proof, of the facts stated in the certificate. 72A—Service (1) A notice or document required or authorised by this Act to be given to or served on a person by the Commissioner may— (a) be served on the person personally; or (b) be posted in an envelope addressed to the person's address for service; or (c) be transmitted by fax or email to the person's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) A person's address for service is the postal address of which the Commissioner has been last notified as the person's address for service. (3) If the Commissioner gives a notice to a registrable offender under this Act, the Commissioner may request the registrable offender to acknowledge receipt of that notice in writing. 73—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may make provision as to the following matters: (a) matters incidental to the making of reports under Part 3 including— (i) the manner and form in which a report must be made; and (ii) the nature of any verifying documentation or evidence to be produced in support of a report; and (iii) requiring that a report contain additional information to that required by that Part; (b) the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable offenders; (c) the manner and form in which the register is to be established and maintained, including the manner and form in which information is to be entered in the register; (d) requiring or permitting the Commissioner to remove specified information, or information of a specified class, from the register; (e) the notification of reporting obligations to registrable offenders, including the following: (i) the manner and form in which the information is to be given to registrable offenders; (ii) permitting the person notifying a registrable offender to ask the registrable offender to acknowledge being given the notice; (iii) making special provision for the notification of registrable offenders who are children or who have disabilities or other special needs; (iv) permitting or requiring a person or body to be notified of a registrable offender's status as a child or person who has a disability or other special need to facilitate notification and reporting; (v) providing for the notification to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations; (vi) requiring that a registrable offender be given additional information to that required by this Act; (vii) requiring a person or body to provide specified information to registrable offenders concerning their reporting obligations; (viii) requiring a person or body to inform the Commissioner— (A) that a registrable offender has left the custody or control of the person or body; or (B) that the person or body has given specified information to a registrable offender; or (C) that, in the opinion of the person or body, a registrable offender does or does not have the legal capacity to understand specified information; (ix) requiring a person or body to give the Commissioner any acknowledgment by a registrable offender of the receipt of a notice or any other specified information that is held by the person or body; (f) empowering the Commissioner to give directions as to which police stations are to be used as a venue for the making of reports; (g) providing that a police station, or a class of police station, is not to be used as a venue for the making of reports without the consent of the Commissioner; (h) requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period; (i) prescribing any other matter required or permitted by this Act to be prescribed or that it is necessary or convenient to prescribe to give effect to this Act. (3) The regulations— (a) may be of general or limited application; and (b) may make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) may require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by, or to the satisfaction of, a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (d) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (e) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and (f) may impose a penalty not exceeding $2 500 for a contravention of the regulations. (4) The Commissioner may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (5) A fee notice may provide for the waiver, reduction or remission of a fee.