Under the Child Sex Offenders Registration Act 2006 (SA) registrable offenders have to report their personal details to the Commissioner of Police [ss 11 - 13].

Who is a registrable offender?

A registrable offender is a person who [s 6(1)]:

There are also provisions deeming people registrable where they were sentenced for the same types of offences interstate and overseas [see ss 6(2), 6(3), 7 and 8, see also Child Sex Offenders Registration Regulations 2022 (SA)].

The following are not registrable offenders [ss 6(4)-(5)]:

Additionally there are provisions covering where a person ceases to be a registrable offender (for example, where the only registrable offence that makes them registrable is quashed or set aside, reduced) [s 6(6)].

Persons who committed or were sentenced for:

prior to 1 October 2022 are now taken not to be, and never to have been, registrable offenders [Statutes Amendment (Child Sex Offences) Act 2022 s 7].

Class 1 offence:

Class 1 offences are listed in Schedule 1 Part 2 of the Act. They include serious offences under the Criminal Law Consolidation Act 1935 (SA) against a child victim (such as murder, endanger life, rape, unlawful sexual intercourse*, kidnapping) where the offence also involves a sexual offence.

(* Does not include unlawful sexual intercourse where the victim consents and either: the offender was aged 18 and the victim not less than 15 at the time of the offence, or the offender was aged 19 and the victim not less than 16 at the time of the offence.)

Class 1 offences also include offences against certain federal criminal laws such as offences of sexual abuse, and other unlawful sexual activity with children under 16 (and in the case of a person of trust and authority children who are 16 and 17 also), committed outside of Australia. These offences include associated procuring, grooming, encouraging and benefiting from types of offences.

Conspiracy, attempt, aiding and abetting, counselling or procuring commission of any of these offences are also Class 1 offences [Schedule 1, clause 2(m) and (n)].

A full list of class 1 offences can be found in Schedule 1 Part 2 of the Act.

Class 2 offence:

Class 2 offences are listed in Schedule 1 Part 3 of the Act. They include offences (such as manslaughter, causing serious harm, risk of harm, indecent assault, dishonest communication with children) against a child where the offence also involves a sexual offence, as well as offences relating to the production, dissemination and possession of child-like sex dolls.

Class 2 offences also include offences against certain federal criminal laws such as trafficking children, and other offences such as producing, possessing or disseminating child exploitation material (child pornography), possession child-like sex dolls, and hosting, administering or encouraging the use of a website dealing with such material. Also grooming and procurement of children under 16 years via these means (including use of the postal service or a carriage service) is covered in this class.

Conspiracy, attempt, aiding and abetting, counselling or procuring commission of any of these offences are also Class 2 offences [Schedule 1 clause 3 (l) and (m)].

A full list of class 2 offences can be found in Schedule 1 Part 3 of the Act.

Child sex offender registration order

Additionally, an order can be made on sentencing for other offences for the offender to comply with the reporting obligations of this Act if the court is satisfied that the person poses a risk to the sexual safety of any child or children [s 9].

The Magistrates Court may also make an order that a person comply with the reporting obligations of the Act when they also make a paedophile restraint order [s 9(1a)].

Serious registrable offender

A serious registrable offender is a registrable repeat offender (committed on three separate occasions a class 1 or 2 offence or on 2 occasions if the victim was under the age of 14) [s 4(1)]. Additionally, a person can be declared a serious registrable offender if the Commissioner of Police is satisfied that a registrable offender is at risk of committing further class 1 or 2 offences [s4(1), s 10A(1)]. A serious registrable offender can apply to the Commissioner for written reasons for the decision and there is ability to appeal this decision of the Commissioner [ss 10B(3) and 10B(1)].

The main affect of being declared a serious registrable offender is additional reporting requirements may be imposed (see below). Additionally the Commissioner may issue a requirement to a serious registrable offender to carry a tracking device, failing to wear, carry or maintain the device is an offence, maximum penalty, $10,000 or imprisonment for 2 years [s 66N].

Reporting obligations

Registrable offenders must report their personal details to the Commissioner of police where [s 11]:

There is also an obligation to report, within 7 days of sentencing, when a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, or becomes a foreign registrable offender [s 12]

The personal details that must be reported by a registrable offender are set out in s 13 of the Child Sex Offenders Registration Act 2006 (SA) and include such things as names, cars owned or driven, tattoos, telephone numbers used, internet connection details, email addresses, passwords, usernames, and other details. These must be reported annually [s 15].

Under section 15A of the Act serious registrable offenders may be required to make additional reports as declared by the Commissioner of Police.

Despite any other provision in the Act, if a registrable offender has reportable contact with a child [defined in s 4A], the registrable offender must provide details of the contact to the Commissioner within two days of the contact occurring [s 20A].

Penalty for failing to comply with reporting obligations

The maximum penalty for failure to comply with reporting obligations without reasonable excuse is $25,000 or 5 years imprisonment [s 44].

The register and access to it

The maintenance and access to the register are governed by sections 60-65 of the Child Sex Offenders Registration Act 2006 (SA). The register is maintained by the Commissioner of Police and the Commissioner is also responsible for developing, maintaining and adhering to guidelines about access to the register. A registrable offender is able to request, in writing, access to their information and seek amendment of incorrect information [s 63].

It is an offence to disclose confidential information about a registrable offender obtained under the Act, except in accordance with the Act (including law enforcement purposes and as otherwise set out). The maximum penalty for this is 5 years imprisonment [s 67, see also Child Sex Offenders Registration Regulations 2022 (SA) reg 14].

Registrable offenders are prohibited from particular work

Registrable offenders are prohibited from applying for or engaging in work child-related work.

The maximum penalty for this is imprisonment for 5 years [Child Sex Offenders Registration Act 2006 (SA) s 65].

This includes work involving contact with a child in connection with any of the following [s 64(1)]:

(a) pre-schools or kindergartens;

(b) child care centres;

(c) educational institutions for children;

(d) child protection services;

(e) juvenile detention centres;

(f) refuges or other residential facilities used by children;

(g) foster care for children;

(h) hospital wards or out-patient services (whether public or private) in which children are ordinarily patients;

(i) overnight camps regardless of the type of accommodation or of how many children are involved;

(j) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement;

(k) programs or events for children provided by any institution, agency or organisation;

(l) religious or spiritual organisations;

(m) counselling or other support services for children;

(n) commercial baby sitting or child minding services;

(o) commercial tuition services for children;

(p) services for the transport of children; and

(q) taxi services and hire car services.

There is a defence to this charge where the accused can prove that they did not know that the work was child related work [s 65(2)].

The Commissioner of Police can give a person who has committed a class 1 or 2 offence written notice to provide them with information about their work [s 65A(1)]. It is an offence to fail to comply with such a notice, maximum penalty $10,000 or imprisonment for 5 years [s 65A(2)].

Under the Act a police officer are able to disclose to any employer or prospective employer that a person has been arrested or reported for a class 1 or 2 offence and provide details of the alleged offence [s 65A(3)(b)].

A person engaged in child-related work who is arrested or reported for a class 1 or 2 offence must disclose this to their employer within 7 days (in the case of an arrest or report prior to commencement of the section – within 7 days of commencement) [s 66(1)]. A person must also, on application for work, disclose if they have been reported for such offences if proceedings have not been finalised [s 66(2)]. Under both of these provisions the maximum penalty is $5,000.

Exemptions, modifications and suspensions granted by the Commissioner of police.

The amending Act has inserted Part 5A—Exemptions, modifications and suspensions granted by Commissioner. This deals with the general power of the Commissioner of police, on application (and payment of a fee) of a registrable offender, make a declaration to modify their reporting obligations [s 66B].

The Commissioner of Police may only make such a declaration if [s 66B(4)]:

The Commissioner of Police may not make such a declaration if [s 66B(5)]:

The Commissioner of Police may refuse to consider an application to make such a declaration unless the registrable offender undergoes a risk assessment at their own expense [s 66B(2)-(3)]. The Commissioner must take into account any risk assessment, any other offending, any victim impact statement and the sentencing remarks relating to each relevant offence [s 66B(7)].

If the Commissioner does make a declaration under this part, the Commissioner can attach conditions to it [s 66B(6)].

The Commissioner of Police may also, with or without application, suspend a person’s reporting obligations on the basis that they have a disability that makes it impossible for the person to satisfy his or her reporting obligations and do not pose a risk to the safety and well-being of children [s 66C].

The Commissioner of Police may only revoke such a declaration if there is a change to the grounds on which it was made or the person is charged with any class 1 or 2 offences. The Commissioner must give the registrable offender written notice, as soon as practicable, of any declaration or revocation, or variation [s 66D(4)].

Applications can not be made within 12 months of each other by the same registrable offender [s 66D(1)(c)].

Applicants can appeal decisions of the Commissioner of Police under this Part to the Administrative and Disciplinary Division of the District Court [s 66E].

Publication of information about registrable offenders

The Commissioner can publish information about registrable offenders where the registrable offender’s whereabouts is unknown and the registrable offender either has failed to comply with reporting obligations or has provided false or misleading information [ss 66F-H].

The Act contains prohibitions on inciting animosity or harassing people identified as offenders [s 66I] and prohibitions on the publication of identifying information without written approval from the Minister [s 66J].

Change of name of registrable offender

A registrable offender must obtain the Commissioner of Police’s written permission before registering, or applying to register, to change their name. The maximum penalty for this is $10,000 or imprisonment for 2 years [s 66K].

Information provided to parents or guardian

A registrable offender who stays overnight in a house where there is a child or generally resides in the same household as a child must tell the parent or guardian of that child that they are a registrable offender and what the offence/s were that caused them becoming a registrable offender. The maximum penalty for failing to do this is $25,000 or imprisonment for 5 years [s 66L].

Search powers

Police have extensive powers to search premises of registrable offenders to ensure compliance with the Act. Included in this is the ability to break open and search cupboards etc, search computers and other devices [s 66M]. If a computer or other device requires a password to be inspected, the registrable offender must provide that, maximum penalty, imprisonment for 2 years [s 66M(2)].

Effect of spent convictions

The fact that an offence in respect of which a registrable offender has been found guilty becomes spent does not affect the status of the offence as a registrable offence for the purposes of the Child Sex Offenders Registration Act 2006 (SA) in respect of the registrable offender [s 71].