Child Sex Offenders Registration Regulations 2007 (SA)

South Australia

Child Sex Offenders Registration Regulations 2007

under the Child Sex Offenders Registration Act 2006

1Short title

These regulations may be cited as the Child Sex Offenders Registration Regulations 2007.

3Interpretation

In these regulations—

Act means the Child Sex Offenders Registration Act 2006.

4Corresponding child sex offender registration order

For the purposes of the definition of corresponding child sex offender registration order in section 4 of the Act, each of the following classes of order is a corresponding child sex offender registration order for the purposes of the Act:

1. (a)

   a child sex offender registration order made under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

2. (b)

   a child protection registration order made under the Child Protection (Offenders Registration) Act 2000 of New South Wales;

3. (c)

   an offender reporting order made under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;

4. (d)

   an offender reporting order made under the Child Protection (Offender Reporting) Act 2004 of Queensland;

5. (e)

   an offender reporting order made under the Community Protection (Offender Reporting) Act 2005 of Tasmania;

6. (f)

   a sex offender registration order made under the Sex Offenders Registration Act 2004 of Victoria;

7. (g)

   an offender reporting order made under the Community Protection (Offender Reporting) Act 2004 of Western Australia.

5Corresponding law

For the purposes of the definition of corresponding law in section 4 of the Act, each of the following laws is declared to be a corresponding law for the purposes of the Act:

1. (a)

   the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory;

2. (b)

   the Child Protection (Offenders Registration) Act 2000 of New South Wales;

3. (c)

   the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;

4. (d)

   the Child Protection (Offender Reporting) Act 2004 of Queensland;

5. (e)

   the Community Protection (Offender Reporting) Act 2005 of Tasmania;

6. (f)

   the Sex Offenders Registration Act 2004 of Victoria;

7. (g)

   the Community Protection (Offender Reporting) Act 2004 of Western Australia.

6Supervising authority

For the purposes of the definition of supervising authority in section 4 of the Act, the supervising authority referred to in Column 1 of the table below is the supervising authority in relation to an offender who belongs to the class of offender referred to in Column 2 of the table opposite the reference.

 

Supervising authority	Class of offender
Magistrates Court	A registrable offender who ceases to be in government custody or ceases to be subject to a supervised sentence as a result of an order of the Magistrates Court
District Court	A registrable offender who ceases to be in government custody or ceases to be subject to a supervised sentence as a result of an order of the District Court
Supreme Court	A registrable offender who ceases to be in government custody or ceases to be subject to a supervised sentence as a result of an order of the Supreme Court
The Minister to whom the administration of the Mental Health Act 1993 is committed	A registrable offender who is committed to detention under Part 8A of the Criminal Law Consolidation Act 1935, having been released from some other form of government custody
The Minister to whom the administration of the Mental Health Act 1993 is committed	A registrable offender who ceases to be committed to detention under Part 8A of the Criminal Law Consolidation Act 1935
The Parole Board of South Australia	A registrable offender who ceases to be subject to a licence under Part 8A of the Criminal Law Consolidation Act 1935
The Parole Board of South Australia	A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision
The chief executive of the agency principally assisting the Minister to whom the administration of the Correctional Services Act 1982 is committed	An adult registrable offender who, except as provided in a preceding provision of this table, ceases to be in government custody, ceases to be subject to a supervised sentence or ceases to be an existing licensee
The chief executive of the agency principally assisting the Minister to whom the administration of the Children's Protection Act 1993 is committed	A child registrable offender who, except as provided in a preceding provision of this table, ceases to be in government custody, ceases to be subject to a supervised sentence or ceases to be an existing licensee

7Foreign witness protection laws

Each of the following laws is specified as a foreign witness protection law for the purposes of section 6(5) and section 54(2) of the Act:

1. (a)

   the Witness Protection Act 1994 of the Commonwealth;

2. (b)

   the Witness Protection Act 1996 of the Australian Capital Territory;

3. (c)

   the Witness Protection Act 1995 of New South Wales;

4. (d)

   the Witness Protection (Northern Territory) Act 2002 of the Northern Territory;

5. (e)

   the Witness Protection Act 2000 of Queensland;

6. (f)

   the Witness Protection Act 2000 of Tasmania;

7. (g)

   the Witness Protection Act 1991 of Victoria;

8. (h)

   the Witness Protection (Western Australia) Act 1996 of Western Australia.

8Specified corresponding laws

Each of the laws declared to be a corresponding law in regulation 5 is specified for the purposes of section 6(5) and section 54(2) of the Act.

9New South Wales registrable offenders

The date specified for the purposes of section 8 of the Act is the date on which these regulations come into operation.

10Persons required to report under corresponding law

For the purposes of section 14(2) of the Act, a person may contact the Commissioner, as required by that subsection by presenting themselves in person at a police station.

11Change of travel plans while out of South Australia to be given

For the purposes of section 18(3) of the Act, a registrable offender may make a report under section 18—

1. (a)

   by writing sent by post to the following address:

   ANCOR Section, GPO Box 1539, ADELAIDE SA 5001; or

2. (b)

   by writing transmitted by email to the following email address:

   [email protected]

12Notice given to registrable offender of reporting period

1. (1)

   In accordance with section 48(3) of the Act, a notice required to be given to a registrable offender under section 48 is not required to specify the registrable offender's reporting period.

2. (2)

   A notice containing a registrable offender's reporting period must be given to the registrable offender at the time the offender reports his or her personal details to the Commissioner under section 11 of the Act.

13Details of notice by supervising authority to Commissioner under section 51

A notice required to be given by a supervising authority to the Commissioner under section 51 of the Act must include the following details:

1. (a)

   the name of the registrable offender;

2. (b)

   the relevant event under section 51(1) that gave rise to the requirement for the notice and the date the event occurred or is to occur;

3. (c)

   the name and position of the person providing the notice and any other particulars necessary to identify the person providing the notice;

4. (d)

   the date on which the notice is issued;

5. (e)

   details of the residential address of the registrable offender following his or her release from custody or the supervision of the supervising authority (if known);

6. (f)

   information held by the supervising authority that classifies a registrable offender as legally incapacitated or describes the registrable offender as having a disability or other special need, or an impaired ability to understand his or her reporting obligations under the Act.

13AFee for application

For the purposes of section 66D(1)(b) of the Act, the prescribed fee is $200.

14Confidentiality of information

For the purposes of section 67(1)(a) of the Act, the following information is prescribed:

1. (a)

   the name of the registrable offender;

2. (b)

   the fact that the registrable offender is a registrable offender;

3. (c)

   whether or not the registrable offender is required to comply with the reporting obligations imposed by Part 3 of the Act.

15Acknowledgement of notices

If the Commissioner gives a notice to a registrable offender under—

1. (a)

   section 48 of the Act (notice of reporting obligations); or

2. (b)

   section 50 of the Act (notice of change to reporting period); or

3. (c)

   section 52 of the Act (notice given by the Commissioner),

the Commissioner may request the registrable offender to acknowledge receipt of that notice in writing.

16Notification where registrable offender is a child or has a disability or special need

1. (1)

   This regulation applies to a registrable offender who—

   1. (a)

      is a child, or is a person who has a disability or other special need; and

   2. (b)

      is unable to understand—

      1. (i)

         his or her reporting obligations under the Act; or

      2. (ii)

         the consequences of failing to comply with those obligations.

2. (2)

   Subject to subregulation (3), a notice in respect of a registrable offender's reporting obligations that is required to be given by the Commissioner to a registrable offender to whom this regulation applies, may be given to a designated person for the purpose of enabling the designated person to assist the registrable offender to comply with his or her reporting obligations under the Act.

3. (3)

   A notice may only be given to a designated person under this regulation if the person agrees in writing to assist the registrable offender to comply with the offender's reporting obligations under the Act.

4. (4)

   If the Commissioner gives a notice to a designated person who has agreed to assist a registrable offender under subregulation (3), the Commissioner may request the designated person to acknowledge receipt of that notice in writing.

5. (5)

   If a designated person who has agreed to assist a registrable offender under subregulation (3) no longer wishes, or is no longer able to do so, the designated person must give written notice to the Commissioner as soon as reasonably practicable.

6. (6)

   In this regulation—

designated person, in relation to a registrable offender means—

1. (a)

   an adult person nominated by the registrable offender for the purposes of this regulation; or

2. (b)

   if no such person is nominated—an adult person who is a relative, guardian, carer or friend of the registrable offender.

17Disclosure of personal information without authorisation

For the purposes of Schedule 2 clause 4(h) of the Act, the following types of disclosure of personal information about a registrable offender are permitted:

1. (a)

   disclosure to a corresponding registrar where the registrable offender has reported his or her intention under section 17 of the Act to travel to the State, Territory or country (as the case may be) of the corresponding registrar;

2. (b)

   disclosure to—

   1. (i)

      the Registrar of Births, Deaths and Marriages (including any person acting as Registrar); or

   2. (ii)

      the Deputy Registrar of Births, Deaths and Marriages (including any person acting as Deputy Registrar); or

   3. (iii)

      any other person undertaking functions under the Births, Deaths and Marriages Registration Act 1996 authorised by a person referred to in subparagraph (i) or (ii),

for purposes related to monitoring compliance with section 66K of the Act;

1. (c)

   disclosure to—

   1. (i)

      an authorised screening unit within the meaning of the Children's Protection Regulations 2010; or

   2. (ii)

      an interstate authorised screening unit within the meaning of the Children's Protection Regulations 2010; or

   3. (iii)

      an authorised screening unit within the meaning of the Disability Services (Assessment of Relevant History) Regulations 2014; or

   4. (iv)

      an interstate authorised screening unit within the meaning of the Disability Services (Assessment of Relevant History) Regulations 2014,

where the personal information relates to a control order made under Part 5C of the Act.

18Disclosure of personal information with authorisation

For the purposes of Schedule 2 clause 5(d) of the Act, the following types of disclosure of personal information about a registrable offender are permitted with authorisation:

1. (a)

   disclosure to a police officer of this State or a foreign jurisdiction where the information is reasonably required for the purpose of investigating a suspected offence against a child that is not a registrable offence;

2. (b)

   if the registrable offender is subject to a requirement of the Commissioner to wear or carry a tracking device under section 66N of the Act—disclosure to a person, or person of a class, specified in the authorisation, being a person, or class of person, performing a function or providing a service related to or affected by the wearing or carrying of the tracking device;

3. (c)

   disclosure to a police officer where the personal information—

   1. (i)

      may be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or

   2. (ii)

      relates to any other purpose, function or power of South Australia Police under any Act or law.

Schedule 1—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)

1—Application of Act to continuing complaints etc

The Act as in force before the commencement of Schedule 1 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in connection with any complaint, report or investigation referred to in clause 70 of that Schedule.

Legislative history

Notes

• •

  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 these regulations (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 of regulations

  The Child Sex Offenders Registration Regulations 2007 were revoked by Sch 2 of the Child Sex Offenders Registration Regulations 2022 on 11.8.2022.

  Principal regulations and variations

  Year	No	Reference	Commencement
  2007	242	Gazette 18.10.2007 p4003	18.10.2007:  r 2
  2014	186	Gazette 26.6.2014 p3040	29.6.2014: r 2
  2014	218	Gazette 7.8.2014 p3996	30.11.2014: r 2
  2021	149	Gazette 7.10.2021 p3700	7.10.2021: r 2

  Provisions varied

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	29.6.2014
  r 13A	inserted by 186/2014 r 4	29.6.2014
  r 17	substituted by 186/2014 r 5	29.6.2014
  varied by 218/2014 r 4	30.11.2014
  r 18	substituted by 186/2014 r 5	29.6.2014
  Sch 1	inserted by 149/2021 r 4	7.10.2021

  Historical versions

  29.6.2014

  30.11.2014