Child Sex Offenders Registration Variation Regulations 2014 (SA)

South Australia

Child Sex Offenders Registration Variation Regulations 2014

under the Child Sex Offenders Registration Act 2006

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Child Sex Offenders Registration Regulations 2007

4            Insertion of regulation 13A

13A         Fee for application

5            Substitution of regulations 17 and 18

17          Disclosure of personal information without authorisation

18          Disclosure of personal information with authorisation

Part 1—Preliminary

1—Short title

These regulations may be cited as the Child Sex Offenders Registration Variation Regulations 2014.

2—Commencement

These regulations will come into operation on 29 June 2014.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Child Sex Offenders Registration Regulations 2007

4—Insertion of regulation 13A

After regulation 13 insert:

13A—Fee for application

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

5—Substitution of regulations 17 and 18

Regulations 17 and 18—delete the regulations and substitute:

17—Disclosure 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:

(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;

(b)disclosure to—

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

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

(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.

18—Disclosure 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:

(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;

(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;

(c)disclosure to a police officer where the personal information—

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

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

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 26 June 2014

No 186 of 2014

AGO0230/12CS