Child Sex Offenders Registration Regulations 2022

Corresponding child sex offender registration order (regulation 4). This concept identifies registration orders made in other Australian jurisdictions that South Australia will treat as the equivalent of a registration order under its own Act. Regulation 4 catalogues the specific instruments from each state and territory: for example, an offender reporting order under Queensland's Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, or a sex offender registration order under Victoria's Sex Offenders Registration Act 2004. The effect is that an offender who moves to South Australia with an existing interstate order automatically becomes a registrable offender under the SA Act without needing a fresh SA order. This reduces duplication but also imposes SA’s more extensive reporting obligations on someone whose original order might have been made under different procedural standards. From a private choice perspective, the concept eliminates the possibility of forum shopping or jurisdictional arbitrage by offenders, but it also means that the stringency of the receiving state (SA) applies regardless of the originating state’s legislative choices.

Corresponding law (regulation 5). Closely related, this term designates the entire Act of another jurisdiction as a corresponding law. The practical significance under the Act is that a person required to report under that law (e.g., if they live in NSW but travel to SA) must also report to SA Police. Regulation 10 then prescribes that such a person must present in person at a police station to comply. This imposes a non trivial compliance cost: the person must physically attend a station rather than reporting by phone or online, which may be inconvenient especially if they are only visiting SA briefly.

Supervising authority (regulation 6). This is the body responsible for overseeing a registrable offender upon their release or change in custodial status. The table in regulation 6 maps the authority to the court that made the order or to the parole board or minister. The most common authorities for adults are the Parole Board (for parolees) and the chief executive of the agency administering the Correctional Services Act 1982. For child offenders, the chief executive of the agency under the Children and Young People (Safety) Act 2017 takes that role. The concept matters because the supervising authority must give a detailed notice to the Commissioner under section 51 of the Act (regulation 13) whenever the offender is released, and it is the authority that may receive updates about the offender’s circumstances.

Reporting obligations (implied throughout but specifically operationalised by regulations 10, 11 and 12). These are the duties under Part 3 of the Act to report personal details, changes, and travel plans. The Regulations fill gaps: regulation 10 specifies that a person subject to a corresponding law must report by attending a police station in person; regulation 11 allows a registrable offender who is already out of SA to provide travel plan changes by post or email; regulation 12 provides that the initial notice of reporting obligations need not state the reporting period (the length the offender must remain on the register), but that period must be given at the first report. This bifurcation creates a risk that an offender may not understand how long they are required to report until they actually attend and ask, potentially causing confusion and inadvertent non compliance.

Personal information (regulations 14, 17, 18). The Act restricts disclosure of personal information about registrable offenders. The Regulations prescribe which types of disclosure are permitted without authorisation (regulation 17) and with authorisation (regulation 18). Notably, regulation 14 limits the secrecy provision of section 67(1)(a) to only three categories: the offender’s name, the fact of being registrable, and whether they are required to report. That implies that other personal details (address, place of work, vehicle registration, travel plans) are not covered by that particular secrecy provision, though they may be protected elsewhere. Regulation 18(c) permits disclosure to a police officer where the information may be relevant to the investigation or prosecution of any offence under a State law, or relates to any other purpose or function of SA Police under any Act or law. This is exceptionally broad; it effectively allows any police officer access to registrable offender personal information for any policing purpose, without requiring a direct link to child protection.

Designated person (regulation 16). Where the registrable offender is a child or has a disability or special need and cannot understand their obligations, the Commissioner may give notices to a designated person (an adult nominated by the offender, or a relative, guardian, carer or friend). The designated person must agree in writing to assist. This concept attempts to bridge the comprehension gap but places a burden on a private person (often a family member) who must then understand the reporting regime and ensure the offender complies. If the designated person ceases to be able or willing, they must notify the Commissioner as soon as reasonably practicable, but no penalty is prescribed for failure to do so.

Registrable offenders. This is the primary class. The Regulations directly affect any person who is a registrable offender under the Act, whether by reason of conviction in SA, an interstate corresponding order, or a foreign order. Both adult and child offenders are covered. For child offenders, regulation 16 provides special notification procedures, but they remain subject to the same reporting obligations. Offenders bear the direct compliance costs: they must attend police stations in person if reporting under a corresponding law (regulation 10); they must use post or email for travel plan changes while out of SA (regulation 11); they must receive notices and possibly acknowledge them (regulation 15); and they may be required to wear a tracking device (regulation 18(b) disclosures). The regulations also affect their privacy: their name, status, and reporting requirement are not confidential (regulation 14), and their personal information can be disclosed to many third parties without their consent (regulations 17 and 18).

Supervising authorities. The bodies listed in the regulation 6 table are directly affected. These include the Magistrates Court, District Court, Supreme Court, the Minister administering the Mental Health Act 2009, the Parole Board, the chief executive of Corrections, and the chief executive of Child Safety. They must give notices to the Commissioner meeting the detailed requirements of regulation 13 (name, relevant event, date, residential address if known, information about disability or special need). This imposes administrative costs on each authority. For courts, this means additional paperwork when releasing an offender. The Parole Board must notify when a parole licence ends. The Minister for Mental Health must notify when a person ceases detention under Part 8A of the Criminal Law Consolidation Act 1935. Smaller agencies, such as the central assessment units under the Child Safety (Prohibited Persons) Act 2016 and the Disability Inclusion Act 2018, are also affected as recipients of disclosures under regulation 17.

Police (Commissioner of Police and individual officers). The Commissioner is the central repository for all registration information. The Regulations empower the Commissioner to give notices to offenders, request acknowledgements (regulation 15), designate persons for child/disabled offenders, and disclose information to third parties. Regulation 18 gives broad powers to police officers to access personal information for any investigation of any State offence or for any other SA Police function. This affects rank and file officers, who may not need a specific warrant or court order to view registrable offender data; the regulation is a standing authorisation.

Interstate agencies. Corresponding registrars in other states and territories may receive information about SA registrable offenders who travel interstate (regulation 17(a)). The Registrar of Births, Deaths and Marriages, and interstate screening agencies under the Child Safety (Prohibited Persons) Act 2016 and Disability Inclusion Act 2018 may receive information about control orders. These agencies must then process and protect that information, incurring their own compliance costs.

Designated persons. Private citizens who are nominated to assist a child or disabled registrable offender are affected. They must agree in writing to assist (regulation 16(3)), receive notices on behalf of the offender, and must themselves notify the Commissioner if they cease to be able or willing (regulation 16(5)). They are not compensated for this burden, and they face potential liability if they fail to assist adequately, though the Regulations do not specify a penalty.

Journalists and researchers. While not directly addressed, the narrow scope of prescribed confidential information under regulation 14 (only name, status as registrable, and reporting requirement) suggests that other personal details may be accessible through other legal channels or FOI requests. The regulations do not explicitly restrict disclosure to the media or public, though the Act may. This affects anyone seeking to analyse the registry’s operation, though in practice access is likely tightly controlled.

Duty of registrable offenders to report personal details. While the Act imposes the primary reporting obligation, the Regulations specify the method of reporting in certain cases. Under regulation 10, a person required to report under a corresponding law must present themselves in person at a police station. This is a specific, non optional mode; they cannot rely on telephone, post, or email. Under regulation 11, an offender who changes travel plans while already out of South Australia may report that change by post to ANCOR Section GPO Box 1539 Adelaide SA 5001 or by email to sapol.ancor@police.sa.gov.au. This gives the offender two options but only while physically outside SA. If the offender is within SA, the change must presumably be reported in person or as otherwise provided. The duty to report is ongoing, and the Regulations do not reduce the frequency.

Duty to acknowledge notices. Regulation 15 allows the Commissioner to request a registrable offender to acknowledge receipt of a notice given under sections 48, 50 or 52 of the Act. The offender has a duty to comply with that request if made. Failure to acknowledge may not itself be an offence but could be used as evidence of non cooperation. Similarly, a designated person who receives a notice on behalf of a child or disabled offender may be requested to acknowledge receipt.

Right to know the reporting period. Regulation 12(2) states that a notice containing the registrable offender’s reporting period must be given to the offender at the time the offender reports their personal details to the Commissioner under section 11 of the Act. This is a right: the offender must be told how long they are required to report (e.g., 8 years, 15 years, or life). However, regulation 12(1) allows the initial notice of reporting obligations under section 48 to omit the reporting period. This means the offender may receive a notice requiring them to report but without knowing the duration until they physically attend a police station. This sequencing creates potential for confusion; an offender may believe the obligation is indefinite or shorter than it actually is.

Right to nominate a designated person. Under regulation 16, a registrable offender who is a child, or has a disability or special need, and is unable to understand their reporting obligations, has the right to nominate an adult person to receive notices on their behalf. If no nomination is made, the Commissioner may give notices to a relative, guardian, carer or friend. This right aims to protect vulnerable offenders from inadvertently breaching because they did not understand the notice. However, the designated person must agree in writing, and the offender’s preference for a specific person is supposed to be respected.

Duties of supervising authorities. Regulation 13 imposes a duty on any supervising authority (courts, parole board, ministers, CEOs) that is required to give notice to the Commissioner under section 51 of the Act to include specific details: the offender’s name, the relevant event, the date of the event, the name and position of the person giving the notice, the date the notice is issued, the residential address after release (if known), and any information about legal incapacity, disability, or special need. This ensures the Commissioner receives sufficient data to manage the registration but also creates an administrative burden. If the notice is incomplete, the Commissioner cannot be expected to chase missing details, and the offender may not be properly registered.

Duties of designated persons. A designated person who agrees to assist must do so, and if they can no longer do so, they must give written notice to the Commissioner as soon as reasonably practicable (regulation 16(5)). This is a legal duty, though no penalty is specified for non compliance. It is unclear whether the duty is enforceable or merely directory.

Right to disclosure of personal information in limited circumstances. The Regulations do not give offenders a right to receive their own information, but they do set limits on how third parties can receive it. Regulation 17 permits disclosure without authorisation to specific bodies (corresponding registrars, birth/death registrars, screening agencies) for limited purposes. Regulation 18 permits disclosure with authorisation to police for investigations of non registrable offences, for tracking device functions, or for any State law enforcement purpose. These are duties on the Commissioner to permit disclosure, not rights of the offender. The offender’s right is that certain types of disclosure are not permitted beyond these lists, affording a minimal privacy protection.

The Regulations themselves do not create or specify penalties; penalties are provided for in the Act. However, the Regulations directly affect enforcement by defining how obligations must be performed. A failure to comply with a regulation is effectively a failure to comply with a requirement under the Act, exposing the offender to the Act’s penalty provisions. For instance, failing to report in person as required by regulation 10 would constitute a breach of section 14 of the Act, which carries penalties of up to $10,000 or imprisonment for 2 years (or both) for a basic offence, with higher penalties for aggravated offences. Similarly, failing to acknowledge a notice when requested under regulation 15, though not itself a crime, may be used as evidence of a breach of the obligation to report.

Regulation 18(c) is particularly significant for enforcement. It allows disclosure of personal information about a registrable offender to a police officer where the information may be relevant to the investigation of, or prosecution of a person for, an offence against a State law, or relates to any other purpose, function or power of SA Police under any Act or law. This gives police a wide ranging tool to use registrable offender data for general policing, not only child protection. An offender might have their address or other details disclosed to police investigating a traffic offence or a noise complaint. While the regulation does not expand the police’s substantive powers to search or arrest, it does lower the barrier to accessing sensitive personal data. From an enforcement perspective, this broadens the net; from a civil liberties perspective, it increases the risk of misuse or ‘fishing expeditions’.

The transitional provision in Schedule 1 preserves the old Act for continuing complaints and investigations related to the 2021 ICAC reforms. This means that enforcement action that was ongoing before the commencement of the 2021 amendments will continue under the previous legal framework, avoiding any retrospective application of new procedural rules.

The Commissioner’s power to request an acknowledgement in writing (regulation 15) is not backed by a direct penalty if the offender refuses, but it creates documentary evidence that can be used in court to show the offender received the notice. If an offender later claims ignorance, the acknowledgement (or the failure to provide it when requested) may be admissible. The Regulations thus have an indirect enforcement function: they create a paper trail.

Regulation 16 provides a mechanism for assisting vulnerable offenders to comply, which may reduce enforcement actions against those who genuinely do not understand. The designated person’s duty to notify if they cease to assist is critical; if they fail to do so, the Commissioner may continue sending notices to a person who is no longer helping, and the offender may miss critical updates. While no penalty is prescribed for the designated person’s failure, the offender suffers the consequences of non compliance. This creates a risk that the enforcement system depends on the reliability of an unpaid third party.

The repeal of the 2007 Regulations (Schedule 2) is administrative, but it means any transitional issues under the old regulations are now governed only by the Act and the new Regulations. Offenders and authorities must ensure they are using the current procedures; failure to do so could invalidate notices or lead to procedural defences.

The Regulations explicitly connect the Act with the child sex offender registration laws of every other Australian state and territory. Regulation 5 declares those Acts as corresponding laws, and regulation 4 identifies the specific orders made under them. This means that an offender registered in, say, Western Australia under the Community Protection (Offender Reporting) Act 2004 (WA) will automatically be treated as a registrable offender in SA. The SA Act’s reporting obligations apply to them as if their order were made locally. The Regulations do not create any hierarchy or conflict resolution mechanism; where inconsistencies exist between SA and the corresponding law in terms of reporting frequency or duration, the SA Act likely prevails while the person is physically in SA or is an SA resident. The regulation is silent on which law governs if the offender is only visiting; the Act’s section 14 and the Regulations fill that gap by requiring reporting while in SA.

Regulation 7 and 8 connect the Act with foreign witness protection laws and corresponding laws for the purposes of sections 6(5) and 54(2) of the Act. These sections relate to the interaction with other laws about witness protection. Specifying these laws means that a registrable offender who is also in a witness protection program in another jurisdiction may have different rules about whether their identity is confidential. The Regulations ensure that SA recognises those protection laws, but the interaction may create practical tensions: if an offender’s identity is suppressed under witness protection, how does the Commissioner enforce registration? The regulation does not resolve that.

Regulation 17(b) links to the Births, Deaths and Marriages Registration Act 1996 (SA). Disclosure is permitted for monitoring compliance with section 66K of the Act (which relates to changes of name). This allows the Registrar to cross check name changes against the register, preventing offenders from evading reporting by changing their name.

Regulation 17(c) references the Child Safety (Prohibited Persons) Act 2016 (SA), the Disability Inclusion Act 2018 (SA), and the Disability Services (Assessment of Relevant History) Regulations 2014 (SA). Disclosure to the central assessment units or interstate screening agencies under those Acts is permitted where the personal information relates to a control order made under Part 5C of the Act. This means that an offender subject to a control order may have that information shared with screening bodies for child safety checks or disability service worker checks. The interaction ensures that employers can be alerted to control orders, but it also broadens the pool of people who know about the order beyond law enforcement.

Regulation 18(b) references tracking devices under section 66N of the Act. Disclosure to a person performing a function or providing a service related to the wearing or carrying of the tracking device is permitted. This interacts with contract law and service agreements; private companies that supply tracking technology may receive personal information about offenders. The regulation does not specify data security or destruction obligations for those private third parties.

Regulation 18(c) permits disclosure to police officers for any State offence investigation or any SA Police purpose under any Act or law. This is an extraordinarily broad hook. It interacts with the entire criminal code of SA, as well as regulatory Acts like the Motor Vehicles Act 1959 (for traffic offences) or the Summary Offences Act 1953. It also interacts with police powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW equivalent) but given it is SA specific, it likely references the South Australia Police Act 1998 and the Criminal Law Consolidation Act 1935. Essentially, any policing purpose can trigger disclosure.

The transitional provision in Schedule 1 interacts with the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 (SA). It preserves the pre-2021 Act for complaints and investigations referred to in clause 70 of that Schedule. This means that if a complaint was made before the commencement of the 2021 amendments but is still ongoing, the old registration rules apply. This creates a dual regime for a transition period, which may cause confusion for those handling the complaints.

Regulation 9 sets a specific date (18 October 2007) for the purposes of section 8 of the Act, which deals with New South Wales registrable offenders. This is presumably the date from which NSW orders are recognised; the regulation ensures clarity on which orders are captured. It interacts with the NSW Act to ensure only orders made on or after that date qualify as corresponding orders. Earlier NSW orders may not be automatically recognised, requiring additional steps from SA authorities.

The Regulations were made under section 73 of the Child Sex Offenders Registration Act 2006. They commenced on 11 August 2022, the date they were made (regulation 2), as published in the South Australian Government Gazette on that date (Gazette 11.8.2022 p2496). They are designated as 2022 No. 60. The principal regulations replaced the Child Sex Offenders Registration Regulations 2007, which were repealed by Schedule 2 of the new Regulations. The legislative history notes also that for further information, one should consult the Index of South Australian Statutes or the legislation website.

No subsequent amendments are shown in the provided text. The instrument appears to be a consolidation rather than an amendment, bringing the regulations up to date with changes to the Act, particularly the amendments introduced by the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021. Schedule 1 of the Regulations contains savings and transitional provisions derived from clause 76 of that Amendment Act, preserving the old Act for continuing complaints.

The repeal of the 2007 Regulations means that previous regulation numbers and contents are no longer operative. Practitioners must now cite the 2022 regulations. The transitional provision is narrow and does not carry over any other parts of the 2007 instrument. This is a wholesale replacement, not a patch. Any case law interpreting the 2007 regulations may still be persuasive if the wording is identical, but careful comparison is needed. For example, the 2007 regulations likely had similar definitions of corresponding laws, but the specific list may have changed if any jurisdiction amended its Act. The new Regulations include the current Acts of each jurisdiction as at 2022.

There is no indication of pending or proposed amendments. The instrument has been in force since August 2022. Compliance professionals should check the SA legislation website for any subsequent variation or repeal. The regulations are subject to the Subordinate Legislation Act 1978 (SA), which provides for periodic review and disallowance by Parliament.

In free market terms, the amendment history is administrative: it updates cross references and transition provisions. It does not create new compliance costs significantly beyond what the 2007 regulations imposed, except that the longer list of corresponding agencies and disclosure permissions may slightly increase the data sharing burden. The cost of repeal and replacement is borne by the state government in drafting, and by practitioners who must update their systems. There is no direct cost to offenders other than the ongoing burden of registration.

The provided text includes no references to any litigation. The Regulations themselves are not the subject of any cited court decisions within the instrument or its notes. However, as a procedural instrument, they are likely to be litigated indirectly when offenders challenge the validity of a notice or the scope of a disclosure. The question of whether a particular interstate order qualifies as a corresponding child sex offender registration order under regulation 4 could be contested, especially if the order was made under an older version of the interstate Act. For example, if a Queensland order was made under a predecessor Act not listed, an offender might argue it is not recognised. Similarly, the classification of a supervising authority under regulation 6 could be disputed if an offender is released by a tribunal not listed.

Regulation 14’s prescription of only three items as confidential may be challenged on human rights grounds, though SA does not have a Charter of Rights. An offender might argue that their address or other personal details should also be confidential. The Administrative and Disciplinary Division of the District Court or the Supreme Court may hear such challenges, but no examples are in the text.

Regulation 18(c)’s broad disclosure for any SA Police purpose may be excessive. In litigation, an offender could seek an injunction against disclosure if the purpose is unrelated to child protection, arguing it is beyond the intended scope of the Act. The regulation does not require the police to provide reasons, so judicial review could test whether the disclosure was authorised.

The transitional provisions in Schedule 1 may also generate litigation over which Act applies to a continuing complaint. If the pre-2021 Act had a reporting period that is different, an offender might argue it applies.

The absence of case law within the instrument is not surprising; the Regulations are relatively recent (commenced 2022) and are procedural. Interest groups such as civil liberties organisations may monitor challenges. Practitioners advising offenders should consider that any uncertainty about interpretation of a regulation should be resolved in favour of the subject, but courts may give the Act its remedial purpose weight.

No reporting period in initial notice. Regulation 12(1) states that a notice under section 48 of the Act is not required to specify the registrable offender’s reporting period. This means an offender may receive a notice telling them they must report but not how long for. The period is only given when they attend their first report (regulation 12(2)). An offender who ignores the notice because they think reporting is indefinite or short lived could inadvertently breach because they did not understand the duration. This is a trap for offenders who do not attend in person promptly.

Mailing address and email for travel changes only while out of SA. Regulation 11 allows reporting of travel plan changes by post or email only while the offender is out of South Australia. If the offender is still in SA and changes their travel plans, they must presumably use another method (likely in person). The regulation is silent on what method applies while in SA, so the default under the Act applies, which might be in person. An offender who emails from within SA may not have complied.

Disclosure to police for any offence investigation. Regulation 18(c) permits disclosure to a police officer where personal information is "relevant to the investigation of, or prosecution of a person for, an offence against a law of the State" or relates to any SA Police purpose. This is extremely broad. It means that if police are investigating a shoplifting, they could access the offender’s address and photo. The regulation does not require the offence to be a registrable offence or a child sexual offence. The potential for misuse is significant, though that is a risk rather than a certainty.

Designated person obligations are vague. Regulation 16(5) requires a designated person who no longer wishes or is able to assist to give written notice to the Commissioner as soon as reasonably practicable. There is no penalty for failing to do so, and no guidance on what "as soon as reasonably practicable" means. A designated person may simply stop helping without informing the Commissioner, leaving the offender without support. The Commissioner may not know the designated person has withdrawn and may continue sending notices to them, leading to the offender missing critical information.

Confidentiality is narrow. Regulation 14 prescribes only the offender’s name, the fact they are registrable, and whether they are required to report. All other personal information (address, place of work, vehicle, travel plans, etc.) is not prescribed as confidential under section 67(1)(a). This means the secrecy provisions of the Act do not apply to that data, though other laws might. The Commissioner could potentially release address details without breaching the Act’s secrecy provisions.

No means for offender to verify cessation of reporting obligation. The Regulations do not provide a mechanism for an offender to receive confirmation that their reporting period has ended. They must rely on the Commissioner notifying them. If the Commissioner fails to notify, the offender may continue reporting indefinitely or stop and risk prosecution. The regulations are silent on this.

Disclosure to screening agencies for control orders only. Regulation 17(c) allows disclosure to screening agencies only where the personal information relates to a control order made under Part 5C of the Act. It does not permit disclosure of ordinary registration information. An offender who is subject to a control order may have that information shared without their knowledge, but other registration data cannot be disclosed to screening agencies under this regulation.

Tracking device disclosures to third parties. Regulation 18(b) allows disclosure to a person performing a function related to the tracking device. That person could be a private contractor with no specific data security obligations imposed by these regulations. The offender’s location data could be leaked or misused. The regulation does not address data destruction or privacy standards for those third parties.

New South Wales date. Regulation 9 specifies 18 October 2007 for the purposes of section 8 of the Act. Only NSW orders made on or after that date are recognised. Earlier NSW orders may not be automatically registered, potentially leaving an offender who should be registered unregistered, or conversely, an offender with an old order could slip through the cracks. The regulation does not explain what to do with pre-2007 orders.

No requirement for acknowledgement to be written. Regulation 15 allows the Commissioner to request an acknowledgement in writing. If the Commissioner does not request it, there is no duty. Offenders should proactively acknowledge anyway to have evidence of receipt. If they fail to acknowledge, it may be used against them as a failure to cooperate, though no penalty is stated.

For a registrable offender subject to these Regulations, the starting point is to understand your specific obligations under the Act. The Regulations add detail on how to perform certain acts. First, if you are a person required to report under a corresponding law (i.e., you are registered in another state), you must present yourself in person at a police station in South Australia to make that report (regulation 10). You cannot do it by phone, post, or email. If you are a registrable offender already in SA and you change your travel plans while you are physically out of SA, you may report that change by post to ANCOR Section, GPO Box 1539, ADELAIDE SA 5001, or by email to sapol.ancor@police.sa.gov.au (regulation 11). If you change travel plans while still in SA, you should check the Act for the appropriate method; the Regulations do not cover that. Keep a copy of any email sent and proof of postage.

When you first receive a notice of your reporting obligations under section 48 of the Act, be aware that the notice may not state how long your reporting period is (regulation 12(1)). You will be told the period when you first attend a police station to report your personal details. Do not assume the period is short; ask the officer to confirm. If you are a child or have a disability or special need and you have trouble understanding the obligations, you may nominate an adult as a designated person to receive notices on your behalf (regulation 16). They must agree in writing. If you do nominate someone, ensure they understand their duties and that they must notify the Commissioner if they can no longer assist (regulation 16(5)). If you do not nominate, the Commissioner may give notices to a relative or carer.

If the Commissioner requests that you acknowledge receipt of a notice in writing (regulation 15), do so promptly. Keep a copy of the acknowledgement. This provides evidence that you received the notice, which may protect you if there is a later dispute.

As a supervising authority (e.g., a court, the Parole Board, the Minister for Mental Health), when you are required to give notice to the Commissioner under section 51 of the Act (e.g., because an offender is released), you must include all details listed in regulation 13: the offender’s name, the relevant event and its date, your own name and position, the date of the notice, the residential address after release (if known), and any information about legal incapacity, disability or special need. Ensure this information is accurate and complete. Incomplete notices may lead to administrative delays or errors in registration.

If you are a police officer seeking personal information about a registrable offender, you may rely on regulation 18(c) to access information for investigating any State offence or for any SA Police purpose. However, you should still consider whether the disclosure is reasonable and proportionate, as you are not required to use it; the regulation provides a legal basis. For disclosures under regulation 17 (without authorisation), ensure the information is disclosed only to the listed agencies for the specified purposes.

If you are a designated person assisting a child or disabled registrable offender, you must agree in writing before the Commissioner can give you notices (regulation 16(3)). Once you agree, you must assist the offender to comply with their reporting obligations. If you can no longer assist, you must give written notice to the Commissioner as soon as reasonably practicable (regulation 16(5)). Keep a copy of that notice. If you fail to notify, the Commissioner may continue sending notices to you, and the offender may miss important updates.

For screening agencies receiving information under regulation 17(c) about a control order, you should ensure that the information is used only for the purposes of assessing prohibited persons under the Child Safety (Prohibited Persons) Act 2016 or the Disability Inclusion Act 2018. The Regulations do not impose further restrictions, but the receiving Acts may.

General compliance advice: maintain records of all correspondence with the Commissioner. If you are unsure whether a particular disclosure or action is permitted, seek legal advice or consult the Act and Regulations directly. The Regulations are detailed but narrow; most obligations arise from the Act itself. Finally, note that the 2007 Regulations have been repealed, so any references in older documents to regulation numbers may be outdated. Always cite the 2022 Regulations.