Child Sex Offenders Registration Act 2006 (SA)
South Australia
An Act to establish a register of child sex offenders; to prevent registered child sex offenders engaging in child-related work; and for other purposes.
This Act may be cited as the
Child Sex Offenders Registration Act 2006 .
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.
(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 theYoung 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;
Note— 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 that is not a registrable offence under this Act but 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 theSentencing 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 theChild 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 theCorrectional 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 theCorrectional 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;
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).
(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 theCriminal 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 theSentencing Act 2017 that has effect as a restraining order under section 99AA of theSummary Procedure Act 1921 .
(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.
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.
(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.
(1) Subject to this section, a registrable offender is a person—
(a) whom a court has at any time (whether before, on or after the commencement of this section) sentenced for a class 1 or class 2 offence; or
(b) who is, or has been, subject to a child sex offender registration order.
Note— This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definitions of
court andsentence in section 4, the description of class 1 and class 2 offences in Schedule 1 and the power to make an order under section 9(2).Some requirements of this Act apply to certain people who are registrable offenders for the purposes of equivalent laws outside South Australia, even though they are not registrable offenders under this Act—see section 14.
(2) A person who is—
(a) a foreign registrable offender; or
(b) a New South Wales registrable offender,
is also a registrable offender.
(3) Unless he or she is a registrable offender because of subsection (2), a person is not a registrable offender merely because he or she—
(a) while a child committed a class 1 or class 2 offence for which he or she has been sentenced; or
(b) is a person on whom a sentence has been imposed in respect of a single class 2 offence, if the sentence—
(i) did not include a term of imprisonment; and
(ii) was not a supervised sentence.
(4) Unless he or she is a registrable offender because of subsection (2) or is, immediately before the commencement of this section, in government custody in relation to a registrable offence, a person is not a registrable offender merely because he or she was sentenced for—
(a) a single class 2 offence more than 8 years before the commencement of this section; or
(b) a single class 1 offence more than 15 years before the commencement of this section; or
(c) 2 class 2 offences more than 15 years before the commencement of this section.
(5) A person is also not a registrable offender if he or she—
(a) is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection; or
(b) has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection.
(6) A person ceases to be a registrable offender if—
(a) his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or
(b) his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or
(c) he or she is a registrable offender only because he or she is, or has been, subject to a child sex offender registration order and that order is quashed by a court.
(7) 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 finding of guilt, sentence or child sex offender registration order.
(8) For the purposes of subsection (3)(b), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence.
A foreign registrable offender is a person who—
(a) has at any time (whether before, on or after the commencement of this section) been sentenced in a foreign jurisdiction for a foreign registrable offence of a prescribed class; and
(b) having been sentenced for that offence, would, if he or she were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period (the
recognised foreign reporting period ).
A New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act.
(1) A court may—
(a) on sentencing a person for an offence that is not a class 1 or class 2 offence; or
(b) on sentencing a person for a class 1 or class 2 offence committed while the person was a child; or
(c) on sentencing a person for a single class 2 offence where the sentence imposed does not include a term of imprisonment and is not a supervised sentence; or
(d) on making a restraining order against a person under section 99AA of the
Summary Procedure Act 1921 ,order that the person comply with the reporting obligations of this Act.
(1a) The Magistrates Court may, at any time while a restraining order under section 99AA of the
Summary Procedure Act 1921 remains in force, order that the person the subject of the restraining order comply with the reporting obligations of this Act.(2) The Magistrates Court may order that a person who has been sentenced for an offence against the law of a foreign jurisdiction (and who is not otherwise a registrable offender in respect of that offence) comply with the reporting obligations of this Act.
Note— A person who has been sentenced for an offence against the law of a foreign jurisdiction may be a registrable offender, in the absence of such an order, because the offence was a class 1 or 2 offence or because the person is a foreign registrable offender.
(3) The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied that the person poses a risk to the safety and well‑being of any child or children.
(4) For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to a particular child or particular children.
(5) The court may only make an order under this section on the application of—
(a) in the case of an order to be made by a court that is dealing with a person for an offence—the prosecution; or
(b) in any other case—a police officer.
(6) For the purposes of subsection (1)(c), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence.
(1) If a court makes a child sex offender registration order, an appeal lies against the making of that order—
(a) in the case of an appeal against an order made in the Magistrates Court—to a single judge of the Supreme Court; or
(b) in any other case—in the same way as an appeal against a sentence imposed by the court.
(2) On an appeal, the appellate court may—
(a) confirm, vary or quash the order; and
(b) make ancillary orders and directions.
(1) The Commissioner may, if satisfied that a registrable offender is at risk of committing further class 1 or class 2 offences, declare that the registrable offender is a serious registrable offender.
(2) A declaration under this section operates during the period specified by the Commissioner when making the declaration or until revoked in accordance with this Part.
(3) The Commissioner may revoke the declaration at any time, on his or her own initiative or on application by the serious registrable offender.
(1) A registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court.
(2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.
(3) The Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision.
(4) 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 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.
(1) A registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Commissioner within the period specified in relation to him or her in column 2 of the Table:
| ||
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
(2) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsection (1), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody.
(1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Commissioner—
(a) within 7 days after he or she is sentenced for the registrable offence; or
(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,
whichever is the later.
(2) If a registrable offender's reporting period expires but he or she then becomes a foreign registrable offender who must, under section 35, continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Commissioner—
(a) within 7 days after he or she becomes a foreign registrable offender; or
(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,
whichever is the later.
(3) If a registrable offender's reporting obligations are suspended by an order under section 38 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 42 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Commissioner—
(a) within 7 days after the order ceases to have effect; or
(b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody,
whichever is the later.
(4) If a registrable offender is not in South Australia at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Commissioner, the registrable offender must report his or her personal details within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody.
(5) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsections (1) to (3), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody.
(1) The details the registrable offender must report are as follows:
(a) his or her name, together with any other name by which he or she is, or has previously been, known;
(b) in respect of each name other than his or her current name, the period during which he or she was known by that other name;
(c) his or her date of birth;
(d) the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found;
(da) his or her postal address for service of notices and documents under this Act;
(e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides;
(ea) if the registrable offender knows that he or she is likely to have reportable contact during the next 12 month period with a particular child—the name and age of the child;
(f) if he or she is working—
(i) the nature of the work; and
(ii) the name of his or her employer (if any); and
(iii) the address of each of the premises at which he or she generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works;
(g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;
(h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her;
(i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed);
(j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding child sex offender registration order and, if so, where that finding occurred or that order was made;
(k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or foreign registrable offence, details of when and where that government custody occurred;
(ka) if, at the time of making a report under this Division, he or she has a valid passport—the passport number, date and place of issue and date of expiry of the passport;
(l) if, at the time of making a report under this Division, he or she 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)—
(i) in general terms, the reason for travelling; and
(ii) in general terms, the frequency and destinations of the travel;
(m) details of any carriage service (within the meaning of the
Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person;(n) details of any internet service provider or provider of a carriage service (within the meaning of the
Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person;(o) details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial‑up connection;
(p) details of any email addresses, passwords, internet user names, instant messaging user names, chat room user names or any other access code, user name or identity used, or intended to be used, by the person through the internet or other electronic communication service;
(q) any other information prescribed by the regulations.
(2) For the purposes of this section—
(a) a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and
(b) a child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 14 days (whether consecutive or not) in any period of 12 months; and
(d) a registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and
(e) a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months.
(3) For the purposes of this section, a person is
working if he or she—(a) carries out work under a contract of employment or a contract for services (whether written or unwritten); or
(b) carries out work as a self-employed person or as a sub-contractor; or
(c) carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or
(d) undertakes practical training as part of an educational or vocational course; or
(e) carries out work as a volunteer including the performance of unpaid community work in accordance with an order of a court.
(1) This section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act.
(2) Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in South Australia, contact (by telephoning South Australia Police or another prescribed means) the Commissioner.
(3) The Commissioner must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act.
(4) A person is not guilty of an offence against section 44 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she—
(a) is not a registrable offender for the purposes of this Act; or
(b) has not been notified of that reporting obligation; or
(c) does not remain in South Australia for 7 or more consecutive days, not counting any days spent in government custody; or
(d) reports in accordance with section 11.
(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.
(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.
(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.
Note— 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 report his or her personal details to the Commissioner—
(a) within 7 days after he or she ceases to be in government custody; or
(b) 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.
(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.
(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.
(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.
(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.
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.
(1) A report by a registrable offender under this Part is to be made—
(a) if the Commissioner gives the offender a direction that the report is to be made at a specified police station—at the police station so directed; or
(b) if the personal details last reported by the offender indicate an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises—at the premises so directed;
(c) if no direction is given under paragraph (a) or (b)—at a place approved (either generally or in a particular case) by the Commissioner.
(1a) A direction by the Commissioner under subsection (1)(a) or (b)—
(a) must be given in writing in accordance with any requirements prescribed by the regulations; and
(b) may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner.
(2) This section does not apply if, under section 22(2), a report is permitted to be made in a way that is inconsistent with this section.
(1) Subject to subsection (2), a registrable offender must attend in person to make the following reports under this Part:
(a) a report required by Division 1 (initial report);
(b) a report required by section 15 (annual report);
(ba) a report required by declaration or order under section 15A;
(c) a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found;
(d) a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark;
(e) a report required by section 17(1)(b);
(f) a report required by section 19(2)(b);
(g) a report required by section 20A.
(2) A registrable offender may, with the approval of the Commissioner—
(a) make a report referred to in subsection (1); or
(b) make any other report that is required under this Act,
by making the report in a manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).
(3) Only a police officer approved for the purpose by the Commissioner may receive a report made by a registrable offender attending in person and only a police officer or other person approved for the purpose by the Commissioner may receive a report made in another way in accordance with subsection (2).
(4) If a registrable offender is a child or has a disability that renders it impossible or impracticable for him or her to make the report in a manner required by this Act, the registrable offender will, nevertheless, be taken to make the report if—
(a) in the case of a registrable offender who is a child—a parent or guardian of the child or, if neither a parent nor guardian is available, an adult who knows the registrable offender makes the report (so far as is reasonably possible) on the registrable offender's behalf; or
(b) in the case of a registrable offender who is an adult who has a disability—a parent, guardian, carer or other adult person nominated by the registrable offender or approved by the Commissioner makes the report (so far as is reasonably possible) on the registrable offender's behalf,
and such report must be made—
(c) by both the registrable offender and the person reporting on his or her behalf attending in person; or
(d) in another manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission).
(1) A person making a report under this Part by attending in person—
(a) is entitled to make the report out of the hearing of members of the public; and
(b) is entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent or guardian of the child or, if neither a parent or guardian is available, an adult who knows the registrable offender.
(2) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part.
(3) A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so.
(1) As soon as practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report.
(2) The acknowledgment must be in writing, must be given to the person who made the report and must include—
(a) the name and signature of the police officer or other person who received the report; and
(b) the date and time when, and the place where, the report was received; and
(c) a copy of the information that was reported.
(3) The Commissioner must ensure that a copy of every acknowledgment is retained.
(1) If a report is required to be made by attending in person, the person making the report must also—
(a) present for inspection the registrable offender's driver's licence (if any) or any other form of identification or other document reasonably required by the police officer receiving the report to verify or support details in the report; and
(b) provide a photograph of the registrable offender's head and face of a type suitable for use in an Australian passport; and
(c) if not the registrable offender, present for inspection his or her driver's licence (if any) or any other form of identification reasonably required by the police officer receiving the report.
(2) The police officer receiving the report may waive any requirements of subsection (1) if the police officer is otherwise satisfied as to the identity of the person making the report.
(2a) If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender's current passport (if any).
(3) The police officer receiving the report may copy any document presented to the police officer for inspection under subsection (1) or (2a).
(4) If a report is made otherwise than in person, the regulations may specify—
(a) the circumstances in which—
(i) information will be required concerning the identity of the registrable offender and the identity of the person making the report; or
(ii) a document will be required verifying or supporting details in the report; and
(b) the manner in which that information or document is to be provided,
but may not require an original document to be provided.
(1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender.
(2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child.
(1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, photographs of the registrable offender.
(2) A police officer may only take, or cause to be taken, photographs of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child.
(1) Before attempting to exercise a power under section 26 or 27, the police officer must inform the registrable offender in language likely to be understood by him or her—
(a) of the purpose for which the power is to be exercised; and
(b) that reasonable force may be used if the registrable offender refuses to voluntarily submit to the exercise of the power; and
(c) that the fingerprints, fingerscan or photographs (as the case may be) will be retained by the Commissioner.
(2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints, fingerscan or photographs of a registrable offender if—
(a) the registrable offender refuses to co-operate voluntarily; and
(b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant.
The Commissioner may, during the reporting period of a registrable offender, retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or in relation to, the registrable offender:
(a) copies of any documents;
(b) any fingerprints or fingerscans;
(c) any photographs,
and, at the end of that period, the Commissioner must cause them to be destroyed.
(1) This section applies if a registrable offender resides more than 100 kilometres from the nearest police station.
(2) A registrable offender need not comply with a time limit concerning the making of a report in person under this Part if, before the time limit expires, he or she or a person entitled to make the report on his or her behalf contacts the Commissioner and—
(a) nominates a reasonable time and place at which the report will be made; and
(b) provides the Commissioner (by telephone or other means) with the information required to be reported under Division 1 or Division 2.
(3) The Commissioner must ensure that there is a method of recording any information provided by a registrable offender in accordance with subsection (2).
(1) Any obligation imposed on a registrable offender by this Part is suspended for any period during which he or she—
(a) is in government custody; or
(b) is outside South Australia unless he or she is a person to whom Division 9 applies or the obligation is under section 18; or
(c) is the subject of an order under Division 6 (or an equivalent order made under the laws of a foreign jurisdiction); or
(d) is the subject of a declaration under Part 5A suspending his or her reporting obligations.
(2) If, in accordance with section 34(1), a registrable offender is required to comply with the reporting obligations imposed by this Part for a period expressed as a specified number of years, any period during which his or her reporting requirements are suspended under subsection (1) is not to be taken into account in determining when the specified period ends.
For the purposes of this Division, a registrable offender's reporting obligations begin—
(a) in the case of a person who is a registrable offender because of a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the
Summary Procedure Act 1921 —when the restraining order is made; or(b) in any other case—
(i) if the registrable offender is held in government custody in relation to the relevant registrable offence—when the registrable offender ceases to be in government custody in relation to the offence; or
(ii) if the registrable offender is not held in government custody in relation to the relevant registrable offence—when the registrable offender is sentenced for the offence.
(1) A registrable offender of a kind referred to in column 1 of the Table must continue to comply with the reporting obligations imposed by this Part for the period specified in relation to him or her in column 2 of the Table:
| ||
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
Note— A life-long reporting obligation may be suspended under Division 6.
(2) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection or for which a person was sentenced before the commencement of that subsection.
(3) For the purposes of this section—
(a) 2 or more offences arising from the same incident are to be treated as a single offence; and
(b) 2 or more offences arising from the same incident are to be treated as a single class 1 offence if at least one of those offences is a class 1 offence.
Note— The meaning of
single offence is qualified by section 4(2).
(1) Despite anything in this Part, a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for the recognised foreign reporting period referred to in section 7(b).
(2) For the purposes of this section, if a foreign registrable offender is a foreign registrable offender under the laws of more than one jurisdiction, the recognised foreign reporting period is the longest period for which he or she would be required to report to the corresponding registrar of a foreign jurisdiction.
(1) Subject to subsection (2), a New South Wales registrable offender must continue to comply with the reporting obligations imposed by this Part for the period he or she is required to report in accordance with the New South Wales Act.
(2) A New South Wales registrable offender who, on or after the date specified by the regulations for the purposes of section 8, is sentenced for a registrable offence or becomes a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for—
(a) the period referred to in subsection (1); or
(b) the period that he or she is required to report in accordance with this Division (other than this section),
whichever is longer.
This Division does not apply in relation to additional reporting obligations imposed by declaration or order under section 15A.
Note— The period during which the additional reporting requirements apply is, in the case of a declaration, determined by the Commissioner and specified in the notice given to the offender under section 48 or, in the case of an order, is either specified in the order or determined by further order of the Magistrates Court.
Division 6 Exemption from reporting obligations granted by Supreme Court
(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.
(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.
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.
The Supreme Court may not award costs in respect of proceedings under this Division.
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.
(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
(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
(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.
(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)(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.
44 Offences of failing to comply with reporting obligations
(1) A registrable offender must not fail to comply with any of his or her reporting obligations without a reasonable excuse.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1a) A registrable offender must not fail to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse.
Maximum penalty: $25 000 or imprisonment for 5 years.
(2) In determining whether a person had a reasonable excuse for failing to comply with his or her reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters:
(a) the person's age;
(b) whether the person has a disability that affects the person's ability to understand, or to comply with, those obligations;
(c) whether the form of notification given to the registrable offender as to his or her obligations was adequate to inform him or her of those obligations, having regard to the offender's circumstances;
(d) any other matter the court considers appropriate.
(3) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.
(1) A person must not, in purported compliance with this Part, furnish information that the person knows to be false or misleading in a material particular.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must not, in purported compliance with this Part, furnish information in relation to reportable contact with a child that the person knows to be false or misleading in a material particular.
Maximum penalty: $25 000 or imprisonment for 5 years.
Proceedings for an offence against this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed unless the Attorney‑General authorises the commencement of the proceedings at a later time.
(1) This section applies if a registrable offender leaves South Australia and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding law.
(2) The registrable offender is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of South Australia.
(1) The Commissioner must give a registrable offender written notice of—
(a) his or her reporting obligations; and
(b) the consequences that may arise if he or she fails to comply with those obligations.
(2) A registrable offender is to be given a notice under this section as soon as practicable after any of the following events happens:
(a) he or she is sentenced for a registrable offence in South Australia or made subject to a child sex offender registration order in South Australia;
(b) he or she is released from government custody in South Australia (whether in government custody for a registrable offence or not);
(c) he or she enters South Australia, if he or she has not previously been given notice of his or her reporting obligations in South Australia;
(d) he or she becomes a foreign registrable offender, if he or she is in South Australia at that time;
(e) a declaration relating to him or her is made or revoked under Part 2A;
(f) a declaration relating to his or her reporting obligations is made, varied or revoked under section 15A;
(g) a declaration relating to his or her reporting obligations is made, varied or revoked under Part 5A;
(h) a requirement to carry or wear a tracking device is issued, varied or revoked under section 66N.
(3) Despite anything in this Division, the regulations may provide that a notice given under this section is not required to specify the registrable offender's reporting period if the regulations require a notice containing that information to be given at the time the registrable offender reports his or her personal details to the Commissioner.
(1) This section applies if a court—
(a) makes an order or imposes a sentence that has the effect of making a person a registrable offender for the purposes of this Act; or
(b) imposes a sentence on a person in relation to a registrable offence; or
(c) makes an order in relation to a registrable offender that has the effect of removing the person from the ambit of this Act.
Example— Paragraph (c) would apply, for instance, if a court on appeal quashes a person's finding of guilt in relation to a class 1 or class 2 offence in respect of which he or she had been sentenced and that was the only offence in respect of which he or she had ever been found guilty.
(2) The court must ensure that details of the order or sentence are provided to the Commissioner as soon as practicable after the making or imposition of the order or sentence.
(3) In this section—
court does not include a court of a foreign jurisdiction.
(1) This section applies to a registrable offender whose reporting period has changed since he or she was last notified of his or her reporting period in South Australia.
(2) The Commissioner must give (or cause to be given) written notice to the registrable offender as soon as practicable after the change and in any event no later than the time the offender next reports in accordance with this Act.
(1) This section applies if a registrable offender—
(a) ceases to be in government custody; or
(b) ceases to be subject to a supervised sentence; or
(c) ceases to be subject to a condition of parole requiring the person to be subject to supervision; or
(d) ceases to be an existing licensee,
regardless of the reason why the registrable offender was in custody, was subject to the sentence, was on parole or was a licensee.
(2) As soon as practicable before or after the relevant event listed in subsection (1) occurs, the supervising authority is to give written notice of the event to the Commissioner.
(3) The notice must include any details required by the regulations.
The Commissioner may, at any time, cause written notice to be given to a registrable offender of—
(a) his or her reporting obligations; and
(b) the consequences that may arise if he or she fails to comply with those obligations.
A failure by a person other than a registrable offender to comply with any procedural requirement imposed on the person by this Part or the regulations does not, of itself, affect a registrable offender's reporting obligations.
Note— This section aims to prevent a registrable offender who was not given notice of a reporting obligation by an official as required by this Part from arguing that the obligation does not apply to him or her as a result of that failure if there is evidence that the registrable offender was aware of the obligation through some other means. (If there is no such evidence then the registrable offender would have a defence to the charge under section 44(3) on the basis that he or she was not aware of the obligation.)
(1) This Division applies to each of the following:
(a) a registrable offender who is currently a participant in the State Witness Protection Program;
(b) a registrable offender who is the subject of an order in force under this Division declaring that he or she is a person to whom this Division applies.
(2) This Division (except sections 56 to 58) also applies to a registrable offender who is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection, or who has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection.
(3) In this Division—
State Witness Protection Program has the same meaning as in theWitness Protection Act 1996 .
Note— Section 6(5) excludes from the definition of
registrable offender persons receiving protection under foreign witness protection laws prescribed for the purposes of that section or who have the same status as such persons under a corresponding law that is so prescribed.
It is sufficient compliance with the requirements of this Part—
(a) if a person to whom this Division applies reports such of the information that he or she is required to report under this Part as the Commissioner requires him or her to report and does so at the times, and in a manner, authorised by the Commissioner for the purposes of this section; and
(b) if the acknowledgment of the making of a report is given in a manner approved by the Commissioner.
(1) The Commissioner must make an order declaring that a registrable offender who is a participant in the State Witness Protection Program either is, or is not, a person to whom this Division applies—
(a) when the registrable offender ceases to be a participant in the program as a consequence of a request under section 15(1)(a) of the
Witness Protection Act 1996 ; or(b) when the Deputy Commissioner makes a decision under section 15(1)(b) of the
Witness Protection Act 1996 that the protection and assistance provided to the registrable offender under the program be terminated.(2) On making such an order, the Commissioner must take reasonable steps to notify the registrable offender of the terms of the order.
(3) A person who receives such a notification may, within 28 days after receiving it, apply in writing to the Commissioner for a review of the order.
(4) On receiving an application for a review, the Commissioner—
(a) must review the order, and confirm or reverse it; and
(b) before making a decision on the matter, must give the applicant a reasonable opportunity to state his or her case; and
(c) after making a decision on the matter, must give written notice of the decision to the applicant.
(5) If the decision of the Commissioner is to confirm the order, the notice of the decision must inform the applicant of his or her rights under section 57.
(1) A person who is aggrieved by a decision of the Commissioner in relation to an order under this Division may appeal against the decision to the Administrative and Disciplinary Division of the District Court.
(2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against.
(3) The Commissioner must, on application by a person affected by a decision that may be the subject of an appeal, give the person a written statement of the reasons for the decision.
(4) 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 person affected by the decision, 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 person receives the written statement of reasons.
(1) An order declaring that this Division applies to a registrable offender takes effect immediately.
(2) An order declaring that this Division does not apply to a registrable offender takes effect—
(a) at the end of 28 days after notice of the making of the order is given to the registrable offender; or
(b) if an application referred to in section 56(3) is made before the end of that period, at the end of 3 days after notice is given to the applicant as referred to in section 56(4)(c); or
(c) if an appeal is instituted under section 57, on the date on which the appeal is determined,
whichever is the later.
Sections 13(1), 17 to 20 and 47 apply with respect to a person to whom this Division applies as if any reference in them to South Australia were a reference to the jurisdiction in which the person generally resides.
(1) The Commissioner is to establish and maintain a register of registrable offenders.
(2) The register is to contain the following information in respect of each registrable offender (to the extent that it is known by the Commissioner):
(a) the registrable offender's name and other identifying particulars;
(b) details of each class 1 or class 2 offence of which the registrable offender has been found guilty or with which he or she has been charged;
(c) details of each offence of which the registrable offender has been found guilty that resulted in the making of a child sex offender registration order;
(d) details of each restraining order made against the registrable offender under section 99AA of the
Summary Procedure Act 1921 ;(e) the date on which the registrable offender was sentenced for any registrable offence;
(f) the date on which the registrable offender ceased to be in government custody in respect of a registrable offence, or entered or ceased to be in government custody in respect of any offence during his or her reporting period;
(fa) if a declaration relating to the registrable offender is made or revoked under Part 2A—the date on which the declaration was made or revoked;
(g) any information reported in respect of the registrable offender under Part 3;
(ga) if a declaration relating to the registrable offender is made, varied or revoked under Part 5A—details of the declaration, variation or revocation;
(gb) if a requirement has been issued in relation to the registrable offender under section 66N—the date on which the requirement came into force and, if the requirement has ceased to be in force, the date on which the requirement so ceased;
(h) any other information that the Commissioner considers appropriate to include in the register.
(1) The Commissioner must ensure that the register, or any part of the register, is only accessed by a person, or a class of person, who is authorised to do so by the Commissioner in accordance with guidelines approved in accordance with this section.
(2) The Commissioner must develop guidelines in relation to access to the register to ensure that access to information contained in the register is restricted to the greatest extent that is possible without interfering with the purpose of this Act.
(3) Guidelines developed under this section must be approved by the Minister.
(4) For the purposes of this section, the register includes any information from any register maintained under a corresponding law that is accessible by the Commissioner, regardless of whether or not that information is physically part of the register.
(5) This section has effect despite any other Act or law to the contrary.
The Commissioner must ensure that information in the register about a person to whom Part 3 Division 9 applies that identifies, or might identify, the person cannot be accessed other than by a person authorised by the police officer or officer of an approved authority (within the meaning of the
Witness Protection Act 1996 ) responsible for the day to day operation of the State Witness Protection Program.
(1) If asked, in writing, to do so by a registrable offender, the Commissioner must provide the registrable offender with a copy of all the reportable information that is held in the register in relation to the registrable offender.
(2) The Commissioner must comply with subsection (1) as soon as practicable after being asked to do so.
(3) A registrable offender may make a written request to the Commissioner to amend any reportable information held in the register in relation to the registrable offender that is incorrect (and the Commissioner must, if satisfied that it is incorrect, amend the information).
(4) The Commissioner must take reasonable steps to notify the registrable offender as to whether a request under subsection (3) is to be complied with.
(5) If the Commissioner refuses to comply with such a request, the registrable offender may, within 1 month after receiving notification of that decision, apply in writing to the Ombudsman for a review of the decision.
(6) In conducting a review under this section, the Ombudsman may exercise the same powers as it may exercise in conducting a review of a determination under the
Freedom of Information Act 1991 .(7) In this section—
reportable information means any information supplied to the Commissioner by, or on behalf of, the registrable offender that the registrable offender is required to report to the Commissioner and that is still held in the register.
(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.
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.
Maximum penalty: Imprisonment for 5 years.
(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 .
(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.
(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.
(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.
(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.
(1) In this Schedule—
sexual offence means any of the following offences committed against a child:
(a) an offence against section 48 of the
Criminal Law Consolidation Act 1935 (rape); or(ab) an offence against section 48A of the
Criminal Law Consolidation Act 1935 (compelled sexual manipulation); or(b) an offence against section 49 of the
Criminal Law Consolidation Act 1935 (unlawful sexual intercourse); or(ba) an offence against section 51 of the
Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment); or(c) an offence against section 56 of the
Criminal Law Consolidation Act 1935 (indecent assault).
(2) For the purposes of this Schedule, an offence occurred in
prescribed circumstances if—
(a) the victim consented to the conduct constituting the offence; and
(b) either—
(i) the offender was, at the time of the offence, 18 years of age and the victim was not less than 15 years of age; or
(ii) the offender was, at the time of the offence, 19 years of age and the victim was not less than 16 years of age.
(3) A description of an offence appearing in brackets in this Schedule is for convenience of reference only.
The following are class 1 offences:
(a) an offence against section 11 of the
Criminal Law Consolidation Act 1935 (murder) if—
(i) the victim was a child; and
(ii) the offence arises from the same incident as a sexual offence;
(b) an offence against section 29(1) of the
Criminal Law Consolidation Act 1935 (endangering the life of a person) if—
(i) the person whose life was likely to be endangered was a child; and
(ii) the offence arises from the same incident as a sexual offence;
(c) an offence against section 39 of the
Criminal Law Consolidation Act 1935 (kidnapping) if the person was sentenced on the basis that the kidnapping was done with the intention of committing a sexual offence against a child;(d) an offence against section 48 of the
Criminal Law Consolidation Act 1935 (rape) if the victim was a child;(da) an offence against section 48A of the
Criminal Law Consolidation Act 1935 (compelled sexual manipulation) if the victim was a child;(e) an offence against section 49(1), (3) or (5) of the
Criminal Law Consolidation Act 1935 (offences relating to unlawful sexual intercourse) other than an offence that occurred in prescribed circumstances;(eaa) an offence against section 49(6) of the
Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) if the victim was a child other than an offence that occurred in prescribed circumstances;(ea) an offence against section 50 of the
Criminal Law Consolidation Act 1935 (sexual abuse of a child);(eab) an offence of persistent sexual exploitation of a child (see section 50 of the
Criminal Law Consolidation Act 1935 as in force before the commencement of Part 4 of theStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017 );(eb) an offence of persistent sexual abuse of a child (see section 74 of the
Criminal Law Consolidation Act 1935 , as in force before the commencement of theCriminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 ) other than an offence that occurred in prescribed circumstances;(ec) an offence against section 51 of the
Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving sexual intercourse if the victim was a child;(f) an offence against section 59 of the
Criminal Law Consolidation Act 1935 (abduction) if the victim was a child;(g) an offence against section 66(1) of the
Criminal Law Consolidation Act 1935 (inflicting sexual servitude) if the victim was a child;(h) an offence against section 66(2) of the
Criminal Law Consolidation Act 1935 (unduly influencing a person to perform commercial sexual acts) if the victim was a child;(i) an offence against section 68(1) of the
Criminal Law Consolidation Act 1935 (use of a child to perform commercial sexual acts);(k) an offence resulting in the person being sentenced under section 53(1)(c) of the
Sentencing Act 2017 as in force before the commencement of theSentencing (Serious Repeat Offenders) Amendment Act 2020 ;(ka) an offence resulting in the person being sentenced as a serious repeat offender under section 53(1)(b) of the
Sentencing Act 2017 if, in at least 2 of the relevant serious sexual offences, the victim was a child;(l) an indictable offence committed against a child that results in the person being sentenced under section 57 of the
Sentencing Act 2017 ;(m) a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;
(n) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs;
(na) an offence against section 270B of the
Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;(o) an offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs;
(p) an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs;
(q) an offence against section 270.6 of the
Criminal Code of the Commonwealth as in force before the commencement of theCrimes Legislation Amendment (Slavery, Slavery‑like Conditions and People Trafficking) Act 2013 of the Commonwealth;(r) an offence against section 272.8 of the
Criminal Code of the Commonwealth;(s) an offence against section 272.10 of the
Criminal Code of the Commonwealth;(t) an offence against section 272.11 of the
Criminal Code of the Commonwealth;(u) an offence against section 272.12 of the
Criminal Code of the Commonwealth;(v) an offence against section 272.13 of the
Criminal Code of the Commonwealth;(w) an offence against section 272.14 of the
Criminal Code of the Commonwealth;(x) an offence against section 272.15 of the
Criminal Code of the Commonwealth;(y) an offence against section 272.18 of the
Criminal Code of the Commonwealth;(z) an offence against section 272.19 of the
Criminal Code of the Commonwealth;(za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).
The following are class 2 offences:
(a) an offence against section 13 of the
Criminal Law Consolidation Act 1935 (manslaughter) if—
(i) the victim was a child; and
(ii) the offence arises from the same incident as a sexual offence;
(ab) an offence against section 23 of the
Criminal Law Consolidation Act 1935 (causing serious harm) if—
(i) the victim was a child; and
(ii) the offence arises from the same incident as a sexual offence;
(b) an offence against section 29(2) of the
Criminal Law Consolidation Act 1935 (creating risk of serious harm to a person) if—
(i) the person who was likely to suffer serious harm was a child; and
(ii) the offence arises from the same incident as a sexual offence;
(ba) an offence against section 51 of the
Criminal Law Consolidation Act 1935 (sexual exploitation of person with a cognitive impairment) involving indecent contact if the victim was a child;(c) an offence against section 56 of the
Criminal Law Consolidation Act 1935 (indecent assault) if the victim was a child other than an offence that occurred in prescribed circumstances;(d) an offence against section 58 of the
Criminal Law Consolidation Act 1935 (gross indecency) other than an offence that occurred in prescribed circumstances;(e) an offence against section 60 of the
Criminal Law Consolidation Act 1935 (procuring sexual intercourse) if the person procured to have sexual intercourse was a child;(f) an offence against section 63 of the
Criminal Law Consolidation Act 1935 (production or dissemination of child exploitation material);(fa) an offence against section 63AA of the
Criminal Law Consolidation Act 1935 (production or dissemination of child‑like sex dolls);(g) an offence against section 63A of the
Criminal Law Consolidation Act 1935 (possession of child exploitation material);(gaa) an offence against section 63AAB of the
Criminal Law Consolidation Act 1935 (possession of child‑like sex dolls);(ga) an offence against section 63AB(1), (5) or (7) of the
Criminal Law Consolidation Act 1935 (Offences relating to websites);(h) an offence against section 63B(1) or (3) of the
Criminal Law Consolidation Act 1935 (procuring child to commit an indecent act etc);(i) an offence against section 67 of the
Criminal Law Consolidation Act 1935 (deceptive recruiting for commercial sexual acts) if the victim is a child;(j) an offence against section 68(2) or (3) of the
Criminal Law Consolidation Act 1935 (use of children to perform commercial sexual acts);(k) an offence against section 72 of the
Criminal Law Consolidation Act 1935 (incest) if the person with whom the offender had sexual intercourse was under the age of 17 years;(ka) an offence against section 139A of the
Criminal Law Consolidation Act 1935 (dishonest communication with children) if the person was sentenced on the basis that the communication was made with the intention of committing a sexual offence against a child;(l) a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;
(m) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs;
(ma) an offence against section 270B of the
Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in any of the preceding paragraphs;(n) an offence against a law previously in force in this State that corresponds to an offence referred to in any of the preceding paragraphs;
(o) an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs;
(q) an offence against section 270.7 of the
Criminal Code of the Commonwealth if the victim was a child;(r) an offence against section 271.4 of the
Criminal Code of the Commonwealth;(s) an offence against section 271.7 of the
Criminal Code of the Commonwealth;(sa) an offence against section 272.9 of the
Criminal Code of the Commonwealth;(sab) an offence against section 272.15A of the
Criminal Code of the Commonwealth;(sb) an offence against section 272.20 of the
Criminal Code of the Commonwealth;(sba) an offence against section 273.5 of the
Criminal Code of the Commonwealth;(sbb) an offence against section 273.6 of the
Criminal Code of the Commonwealth;(sbc) an offence against section 273.7 of the
Criminal Code of the Commonwealth;(sbd) an offence against section 273A.1 of the
Criminal Code of the Commonwealth;(sc) an offence against section 471.16 of the
Criminal Code of the Commonwealth;(sd) an offence against section 471.17 of the
Criminal Code of the Commonwealth;(se) an offence against section 471.19 of the
Criminal Code of the Commonwealth;(sf) an offence against section 471.20 of the
Criminal Code of the Commonwealth;(sg) an offence against section 471.22 of the
Criminal Code of the Commonwealth;(sh) an offence against section 471.24 of the
Criminal Code of the Commonwealth;(si) an offence against section 471.25 of the
Criminal Code of the Commonwealth;(sia) an offence against section 471.25A of the
Criminal Code of the Commonwealth;(sj) an offence against section 471.26 of the
Criminal Code of the Commonwealth;(t) an offence against section 474.19 of the
Criminal Code of the Commonwealth;(u) an offence against section 474.20 of the
Criminal Code of the Commonwealth;(v) an offence against section 474.22 of the
Criminal Code of the Commonwealth;(va) an offence against section 474.22A of the
Criminal Code of the Commonwealth;(w) an offence against section 474.23 of the
Criminal Code of the Commonwealth;(waa) an offence against section 474.23A of the
Criminal Code of the Commonwealth;(wa) an offence against section 474.24A of the
Criminal Code of the Commonwealth;(wb) an offence against section 474.25A of the
Criminal Code of the Commonwealth;(wc) an offence against section 474.25B of the
Criminal Code of the Commonwealth;(wd) an offence against section 474.25C of the
Criminal Code of the Commonwealth if the person was sentenced on the basis that the act was done with the intention of committing a sexual offence against a child;(x) an offence against section 474.26 of the
Criminal Code of the Commonwealth;(y) an offence against section 474.27 of the
Criminal Code of the Commonwealth;(ya) an offence against section 474.27AA of the
Criminal Code of the Commonwealth;(z) an offence against section 474.27A of the
Criminal Code of the Commonwealth;(zaa) an offence against section 233BAB of the
Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section);
(za) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraphs (q) to (z).
In this Schedule—
personal information means—
(a) information obtained under this Act that identifies, or could reasonably identify, a person as a registrable offender; or
(b) any other information about a registrable offender obtained under this Act if the recipient of the information is known to be aware that the person is a registrable offender.
Example— Disclosing the address of a registrable offender to a person who knows that he or she is a registrable offender.
The following principles must be applied in relation to the disclosure of personal information:
(a) the information must not be disclosed unless—
(i) there are good reasons for the disclosure; and
(ii) the disclosure is otherwise made in accordance with this Schedule;
(b) an assessment must be made before the information is disclosed of the risks associated with disclosure and any risks associated with non-disclosure;
(c) the information disclosed must be proportionate to the purpose of the disclosure;
(d) the information disclosed must be reliable and accurate;
(e) details of the disclosure must be documented.
If personal information may only be disclosed with authorisation in accordance with clause 5, then the information must not be disclosed unless the Commissioner, or a person authorised by the Commissioner for the purpose of this Schedule, has given written authorisation for the disclosure.
4—Circumstances where information may be disclosed without authorisation Personal information about a registrable offender may be disclosed without authorisation in the following circumstances:
(a) if the registrable offender consents to the disclosure of the information;
(b) if the disclosure is required by an order of a court or tribunal;
(c) if the disclosure is made to a supervising authority in connection with the supervision of the registrable offender;
(d) if the disclosure is made to a law enforcement or prosecution authority of this State or of a foreign jurisdiction and is reasonably required for the purpose of investigating a suspected registrable offence;
(e) if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or representation relating to a matter under this Act;
(f) if the disclosure is made 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 , theOmbudsman Act 1972 , thePolice Complaints and Discipline Act 2016 or this Act;(g) if the disclosure is required under any other Act or law;
(h) if the disclosure is of a type prescribed by regulation for the purposes of this clause.
5—Circumstances where information may be disclosed with authorisation Personal information about a registrable offender may only be disclosed with authorisation in the following circumstances:
(a) if the disclosure is to be made to a person exercising official duties under an Act relating to the care or protection of children;
(b) if the disclosure is made to a government or non-government agency for the purpose of safeguarding the welfare of the registrable offender;
(c) if the disclosure relates to information already in the public domain;
(d) if the disclosure is of a type prescribed by regulation for the purposes of this clause.
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2006
32
Child Sex Offenders Registration Act 2006 30.11.2006
18.10.2007 (
Gazette 18.10.2007 p3969 )2007
5
Criminal Law (Forensic Procedures) Act 2007 29.3.2007
Sch 1 (cl 3)—14.5.2007 (
Gazette 10.5.2007 p1977 )2008
10
Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 17.4.2008
Sch 1 (cl 1)—23.11.2008 (
Gazette 20.11.2008 p5171 )2009
10
Child Sex Offenders Registration (Registration of Internet Activities) Amendment Act 2009 2.4.2009
2.4.2009
2009
84
Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009
Pt 28 (s 55)—1.2.2010 (
Gazette 28.1.2010 p320 )2011
46
Education and Early Childhood Services (Registration and Standards) Act 2011 8.12.2011
Sch 3 (cl 2)—1.1.2012 (
Gazette 15.12.2011 p4986 )2012
52
Independent Commissioner Against Corruption Act 2012 6.12.2012
Sch 3 (cl 3)—20.12.2012 (
Gazette 20.12.2012 p5742 )2013
41
Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013 3.10.2013
Pt 2 (ss 4(1), (3), 5—8, 13, 22, 24(2), 26, 27(1), 38(1), 39 & 40)—22.12.2013; ss 4(2), (4), 9—12, 14—21, 23, 25, 27(2), 28, 29, new s 48(2)(e), (f), (h) (as inserted by s 30), 31(1), new section 60(2)(gb) (as inserted by s 31(2)), 32—35, new ss 66L, 66M & 66N (as inserted by s 37) & 38(2)—19.1.2014 (
Gazette 19.12.2013 p4923 ); new Pt 5B (as inserted by s 36)—14.2.2014 (Gazette 13.2.2014 p885 ); s 24(1), new s 48(2)(g) (as inserted by s 30), new s 60(2)(ga) (as inserted by s 31(2)) & new Pt 5A (as inserted by s 36)—29.6.2014 (Gazette 19.12.2013 p4923 ); new s 66K (as inserted by s 37)—29.6.2014 (Gazette 13.2.2014 p885 )2014
6
Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Act 2014 10.7.2014
30.11.2014 (
Gazette 7.8.2014 p3986 )2014
25
Statutes Amendment (Attorney-General's Portfolio) Act 2014 11.12.2014
Pt 3 (s 5)—1.4.2015 (
Gazette 19.2.2015 p793 )2015
27
Births, Deaths and Marriages Registration (Change of Name) Amendment Act 2015 22.10.2015
Sch 1 (cl 1)—1.6.2016 (
Gazette 21.1.2016 p152 )2016
28
Statutes Amendment (Attorney-General's Portfolio) Act 2016 16.6.2016
Pt 2 (s 4)—16.6.2016: s 2(1)
2016
60
Police Complaints and Discipline Act 2016 8.12.2016
Sch 1 (cl 1)—19.4.2017 (
Gazette 19.4.2017 p1101 ); cll 2 & 3—4.9.2017 (Gazette 29.8.2017 p3794 )2017
41
Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017 24.10.2017
Pt 2 (s 3)—24.10.2017
2017
53
Statutes Amendment (Sentencing) Act 2017 28.11.2017
Pt 4 (ss 6 & 7)—30.4.2018 (
Gazette 6.2.2018 p612 )2017
64
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017
Pt 8 (s 45)—19.12.2017 (
Gazette 19.12.2017 p5119 )2019
13
Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019 11.7.2019
Pt 2 (s 4)—24.10.2019 (
Gazette 24.10.2019 p3572 )2021
38
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021
Sch 1 (cll 4, 5 & 76)—7.10.2021: s 2
2022
9
Statutes Amendment (Child Sex Offences) Act 2022 14.7.2022
Pt 2 (ss 3 to 7)—1.10.2022 (
Gazette 23.9.2022 p6135 )2023
17
Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023 8.6.2023
Sch 1 (cl 1)—22.6.2023: s 2
2023
21
Statutes Amendment (Sexual Offences) Act 2023
21.6.2023
Pt 3 (s 5)—1.10.2023 ( Gazette 14.9.2023 p3237 ) 2024
7
Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024 28.3.2024
uncommenced
Provisions amended New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under
Legislation Revision and Publication Act 2002 23.11.2008
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
23.11.2008 s 4
s 4(1)
criminal intelligence
inserted by 41/2013 s 4(1)
22.12.2013
good behaviour bond
amended by 53/2017 s 6(1)
30.4.2018
registrable repeat offender
inserted by 41/2013 s 4(2)
19.1.2014
reportable contact
inserted by 41/2013 s 4(2)
19.1.2014
amended by 9/2022 s 3
1.10.2022
reporting obligations
amended by 41/2013 s 4(3)
22.12.2013
serious registrable offender
inserted by 41/2013 s 4(4)
19.1.2014
s 4(5)
amended by 53/2017 s 6(2)
30.4.2018
s 4A
inserted by 9/2022 s 4
1.10.2022
s 5A
inserted by 41/2013 s 5
22.12.2013
Pt 2
s 6
s 6(4)
amended by 41/2013 s 6(1)—(3)
22.12.2013
s 9
s 9(1a)
inserted by 41/2013 s 7
22.12.2013
s 9(3)
amended by 6/2014 s 4
30.11.2014
s 10
s 10(1)
substituted by 41/2013 s 8
22.12.2013
Pt 2A
inserted by 41/2013 s 9
19.1.2014
Pt 3
Pt 3 Div 1
s 11
s 11(1)
amended by 41/2013 s 10(1), (2)
19.1.2014
s 11(2)
amended by 41/2013 s 10(2)
19.1.2014
s 12
s 12(1)—(3)
amended by 41/2013 s 11(1)
19.1.2014
s 12(4) and (5)
amended by 41/2013 s 11(2)
19.1.2014
s 13
s 13(1)
amended by 10/2009 s 3
2.4.2009
amended by 41/2013 s 12(1)—(3)
19.1.2014
s 13(2)
(c) deleted by 41/2013 s 12(4)
19.1.2014
s 13(4)—(6)
inserted by 41/2013 s 12(5)
19.1.2014
deleted by 9/2022 s 5
1.10.2022 s 14
s 14(4)
amended by 41/2013 s 13
22.12.2013
Pt 3 Div 2
s 15
s 15(2)
substituted by 41/2013 s 14
19.1.2014
s 15A
inserted by 41/2013 s 15
19.1.2014
s 16
s 16(1)
amended by 41/2013 s 16(1)
19.1.2014
s 16(2)
amended by 41/2013 s 16(2)
19.1.2014
s 16(3)
amended by 41/2013 s 16(1)
19.1.2014
s 16(4)
amended by 41/2013 s 16(1), (3)
19.1.2014
s 16(5)
inserted by 41/2013 s 16(4)
19.1.2014
s 17
s 17(1)
amended by 41/2013 s 17
19.1.2014
s 18
s 18(1)
amended by 6/2014 s 5
30.11.2014
s 19
s 19(2)
substituted by 41/2013 s 18(2)
19.1.2014
s 19(3)
amended by 41/2013 s 18(1)
19.1.2014
s 20A
inserted by 41/2013 s 19
19.1.2014
Pt 3 Div 3
s 21
s 21(1)
substituted by 41/2013 s 20
19.1.2014
s 21(1a)
inserted by 41/2013 s 20
19.1.2014
s 22
s 22(1)
amended by 41/2013 s 21(1)—(3)
19.1.2014
s 22(2)
substituted by 41/2013 s 21(4)
19.1.2014
s 22(4)
substituted by 41/2013 s 21(5)
19.1.2014
s 22(5)
deleted by 41/2013 s 21(5)
19.1.2014 s 23
s 23(1)
amended by 41/2013 s 22
22.12.2013
s 25
s 25(2a)
inserted by 41/2013 s 23
19.1.2014
s 25(3)
substituted by 41/2013 s 23
19.1.2014
s 29
deleted by 5/2007 Sch 1 cl 3
14.5.2007 Pt 3 Div 4
s 32
s 32(1)
s 32 redesignated as s 32(1) by 41/2013 s 24(2)
22.12.2013
amended by 41/2013 s 24(1)
29.6.2014
s 32(2)
inserted by 41/2013 s 24(2)
22.12.2013
Pt 3 Div 5
s 36A
inserted by 41/2013 s 25
19.1.2014
Pt 3 Div 6
heading
amended by 41/2013 s 26
22.12.2013
s 38
s 38(2)
amended by 41/2013 s 27(1)
22.12.2013
s 38(3)
amended by 41/2013 s 27(2)
19.1.2014
Pt 3 Div 7
s 44
s 44(1a)
inserted by 41/2013 s 28
19.1.2014
s 45
s 45(1)
s 45 redesignated as s 45(1) by 41/2013 s 29
19.1.2014
s 45(2)
inserted by 41/2013 s 29
19.1.2014
Pt 3 Div 8
s 48
s 48(2)
(e), (f), (h) inserted by 41/2013 s 30
19.1.2014
(g) inserted by 41/2013 s 30
29.6.2014
Pt 4
s 60
s 60(2)
amended by 41/2013 s 31(1)
19.1.2014
(gb) inserted by 41/2013 s 31(2)
19.1.2014
(ga) inserted by 41/2013 s 31(2)
29.6.2014
s 63
s 63(5)
amended by 52/2012 Sch 3 cl 3
20.12.2012
amended by 60/2016 Sch 1 cl 1(1)
19.4.2017
s 63(6)
amended by 52/2012 Sch 3 cl 3
20.12.2012
amended by 60/2016 Sch 1 cl 1(2)
19.4.2017
Pt 5
heading
substituted by 41/2013 s 32
19.1.2014
s 64
s 64(1)
educational institutions for children
amended by 46/2011 Sch 3 cl 2
1.1.2012
child related work
amended by 41/2013 s 33(1)
19.1.2014
(q) deleted by 6/2014 s 6
30.11.2014
amended by 6/2014 s 6
30.11.2014
s 64(3)
inserted by 41/2013 s 33(2)
19.1.2014
s 65A
inserted by 41/2013 s 34
19.1.2014
s 66
substituted by 41/2013 s 35
19.1.2014
Pt 5A
inserted by 41/2013 s 36
29.6.2014
Pt 5B
inserted by 41/2013 s 36
14.2.2014
s 66F
s 66F(1a)
inserted by 6/2014 s 7
30.11.2014
s 66J
s 66J(1)
amended by 6/2014 s 8(1)
30.11.2014
s 66J(1a)—(1d)
inserted by 6/2014 s 8(2)
30.11.2014
Pt 5C
inserted by 6/2014 s 9
30.11.2014
Pt 6
s 66K
inserted by 41/2013 s 37
29.6.2014
s 66K(2a)
inserted by 27/2015 Sch 1 cl 1
1.6.2016
ss 66L
inserted by 41/2013 s 37
19.1.2014
s 66L(1)
s 66L amended and redesignated as s 66L(1) by 6/2014 s 10(1)—(5)
30.11.2014
s 66L(2) and (3)
inserted by 6/2014 s 10(5)
30.11.2014
ss 66M and 66N
inserted by 41/2013 s 37
19.1.2014
s 67
s 67(1)
amended by 41/2013 s 38(1)
22.12.2013
s 67(3)
amended by 52/2012 Sch 3 cl 3
20.12.2012
amended by 41/2013 s 38(2)
19.1.2014
amended by 60/2016 Sch 1 cl 2
4.9.2017
amended by 38/2021 Sch 1 cl 4
7.10.2021
s 70
deleted by 84/2009 s 55
1.2.2010 s 72A
inserted by 41/2013 s 39
22.12.2013
Sch 1
cl 1
cl 1(1)
sexual offence
amended by 10/2008 Sch 1 cl 1(1)
23.11.2008
amended by 28/2016 s 4(1)
16.6.2016
cl 2
amended by 10/2008 Sch 1 cl 1(2), (3)
23.11.2008
(j) deleted by 10/2008 Sch 1 cl 1(4)
23.11.2008
amended by 41/2013 s 40(1), (2)
22.12.2013
amended by 28/2016 s 4(2)
16.6.2016
amended by 41/2017 s 3
24.10.2017
amended by 53/2017 s 7(1), (2)
30.4.2018
amended by 9/2022 s 6(1)—(4)
1.10.2022
amended by 17/2023 Sch 1 cl 1
22.6.2023
amended by 21/2023 s 5(1), (2)
1.10.2023 cl 3
amended by 41/2013 s 40(3), (5)—(7)
22.12.2013
(p) deleted by 41/2013 s 40(4)
22.12.2013
amended by 25/2014 s 5
1.4.2015
amended by 28/2016 s 4(3)
16.6.2016
amended by 64/2017 s 45(1)—(3)
19.12.2017
amended by 13/2019 s 4
24.10.2019
amended by 9/2022 s 6(5)—(7), (9)—(16)
1.10.2022
(ja) deleted by 9/2022 s 6(8)
1.10.2022
amended by 21/2023 s 5(3), (4)
1.10.2023 Sch 2
cl 4
amended by 52/2012 Sch 3 cl 3
20.12.2012
amended by 60/2016 Sch 1 cl 3
4.9.2017
amended by 38/2021 Sch 1 cl 5
7.10.2021
Sch 3
omitted under Legislation Revision and Publication Act 2002
23.11.2008
Transitional etc provisions associated with Act or amendments
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21
76—Savings and transitional regulations Regulations may be made under any Act amended by this Act (including under the
Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.
Statutes Amendment (Child Sex Offences) Act 2022, Pt 2
7—Transitional provisions
(1) Despite section 6(1)(a) of the
Child Sex Offenders Registration Act 2006 , a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 6(1) of this Act, the person was a registrable offender only because—
(a) the person was sentenced for an offence against section 49(6) of the
Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability); and(b) the victim was, at the time of the relevant offence, of or above the age of 18 years.
(2) Despite section 6(1)(a) of the
Child Sex Offenders Registration Act 2006 , a person is not, and is taken never to have been, a registrable offender for the purposes of that Act if, before the commencement of section 6(8) of this Act, the person was a registrable offender only because the person was sentenced for an offence against section 69 of theCriminal Law Consolidation Act 1935 (bestiality).(3) Despite section 34(2) of the
Child Sex Offenders Registration Act 2006 , a reference to an offence in section 34 of that Act does not extend to the following offences committed before the commencement of this subsection or for which a person was sentenced before the commencement of this subsection:
(a) an offence against section 49(6) of the
Criminal Law Consolidation Act 1935 (unlawful sexual intercourse with a person with an intellectual disability) where the victim was, at the time of the relevant offence, of or above the age of 18 years;(b) an offence against section 69 of the
Criminal Law Consolidation Act 1935 (bestiality).
Historical versions
18.10.2007
23.11.2008
2.4.2009
1.2.2010
1.1.2012
20.12.2012
22.12.2013
19.1.2014
14.2.2014
29.6.2014
30.11.2014
1.4.2015
1.6.2016
16.6.2016
19.4.2017
4.9.2017
24.10.2017
19.12.2017
30.4.2018
24.10.2019
7.10.2021
1.10.2022
22.6.2023
0
0
0