W, IB v Commissioner of Police

The applicant, who was convicted of a registrable offence in 1990, applied for an order under section 38 of the Serious or Violent Offenders (Registration and Reporting) Act 2006 (SA) to suspend his reporting obligations. The Commissioner of Police neither supported nor opposed the application. The applicant's history includes significant trauma, including physical and emotional abuse by his adoptive mother, an attempted suicide at the age of 11, and severe physical injuries from industrial accidents. He has not sexually reoffended since 1990, and his criminal history mostly consists of driving and property offences from his youth. The court had to determine whether the applicant's reporting obligations should be suspended based on his low risk of reoffending, as supported by psychological evaluations.

The court considered whether the applicant posed a risk to the safety and wellbeing of any child or children, both presently and in the future. It was satisfied that the applicant does not pose such a risk, based on his lack of sexual reoffending for 28 years, his remorse, and the low sexual risk assessment by two forensic psychologists. The court also noted the applicant's breach of reporting obligations in 2018, but found it did not indicate a risk to children. Given these factors, the court concluded that the applicant met the threshold requirements and that suspending his reporting obligations would not compromise the Act's objective of protecting children from sexual predators.

The court exercised its discretion under section 38(1) of the Act and ordered the suspension of the applicant's reporting obligations as a registrable offender. The decision was based on the applicant's low risk of reoffending and the lack of evidence suggesting any risk to the safety and wellbeing of any child or children, both presently and in the future. The court was satisfied that the applicant does not pose a risk of reoffending, and the suspension of his reporting obligations would not undermine the Act's protective objectives.