Zaharis v The Commissioner of Police

The case of Zaharis v The Commissioner of Police involved a 53-year-old dual citizen of Greece and Australia, who was seeking to challenge the restrictions imposed upon him by the Commissioner of Police under the Criminal Sentencing Offenders Registration Act 2005 (SA). The plaintiff had a history of criminal offences, including sex offences involving minors, and had been placed on the Register maintained under the Act. He sought relief to travel to Greece to attend family celebrations and visit relatives, but the Commissioner opposed his application on the grounds that it would be inappropriate given his criminal history. The matter was heard and determined by the Supreme Court of South Australia.

The primary legal issue before the court was whether the plaintiff was entitled to be granted a departure permit to travel to Greece, given his criminal history and the restrictions imposed upon him by the Commissioner. The court had to consider the statutory provisions and relevant case law in determining whether the plaintiff’s application should be granted. The court also had to consider the extent to which the plaintiff’s criminal history and the nature of his offending impacted upon the appropriate exercise of its discretion in this case.

In determining the matter, the court found that the plaintiff had not demonstrated that it was appropriate to grant him a departure permit. The court considered the nature and seriousness of the plaintiff’s criminal history, including his previous sex offences involving minors, and found that this weighed heavily against granting the relief sought. The court also considered the risk of re-offending, and found that this was significant given the plaintiff’s history. The court found that the plaintiff had not demonstrated that it was appropriate to grant him a departure permit, and therefore dismissed his application.

The court did not make any orders in favour of the plaintiff. The plaintiff was not granted a departure permit to travel to Greece, and remained subject to the restrictions imposed upon him by the Commissioner.