Under the Child Sex Offenders Registration Act 2006 (SA), certain offenders (known as registrable offenders) are required to report their personal details to police and are restricted from engaging in child-related work.

Who is a registrable offender?

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

A person may also be deemed to be a registrable offender if they were sentenced for similar offending interstate or overseas [see ss 6(2), 7 and 8, see also Child Sex Offenders Registration Regulations 2022 (SA)].

The following are not registrable offenders [s 6(3)-(4)]:

A person will cease to be a registrable offender if the finding of guilt in relation to their relevant offending is quashed or set aside, or their sentence is reduced such that they no longer meet the statutory definition, or their child sex offender registration order is quashed [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 Child Sex Offenders Registration Act 2006 (SA). 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 younger than 15 at the time of the offence, or the offender was aged 19 and the victim not younger 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 the commission of any of these offences are also Class 1 offences [Schedule 1, clause 2(m) and (n)].

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

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

Child sex offender registration order

A court sentencing an offender for an offence that is not a class 1 or class 2 offence or in relation to offending that will not result in the offender meeting the definition of a registrable offender may choose to impose a child sex offender registration order requiring them to comply with the reporting obligations of the Act [s 9]. The court must be satisfied that the offender poses a risk to the safety and wellbeing of a child or children.

The Magistrates Court may also impose a child sex offender registration order when they make a paedophile restraining order under s 99AA of the Criminal Procedure Act 1921 (SA) or at any time the restraining order is in force [s 9(1), (1a)].

Serious registrable offender

A serious registrable offender is:

A registrable offender declared to be a serious registrable offender by the Commissioner can apply to the Commissioner for written reasons for the decision and can appeal this decision of the Commissioner [s 10B].

The main effect of being declared a serious registrable offenderis that additional reporting requirements may be imposed (see below). The Commissioner may also require a serious registrable offender to wear or carry a tracking device. It is an offence to fail to wear, carry or maintain a tracking device as required by the Commissioner, with a maximum penalty of a fine of $10,000 or imprisonment for 2 years [s 66N].

Reporting obligations

Registrable offenders must report their personal details to the Commissioner of Police in the following circumstances [s 11]:

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

The personal details that a registrable offender must report are set out in s 13 of the Child Sex Offenders Registration Act 2006 (SA). They include current and previous names, date of birth, residential and postal address, 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 2 days of the contact occurring [s 20A].

Penalty for failing to comply with reporting obligations

The maximum penalty for failing to comply with reporting obligations without reasonable excuse is a fine of $25,000 or imprisonment for 5 years [s 44]. Proceedings for an offence against the Act must be commenced within 2 years of the alleged offence unless the Attorney-General authorises a later prosecution [s 46].

The register and access to it

The Commissioner of Police is required to maintain a register of registrable offenders [s 60] that sets out their personal details, identifying particulars and relevant offending.

The Commissioner is also responsible for developing, maintaining and adhering to guidelines about access to the register [s 61]. The Commissioner must provide a registrable offender with a copy of their reportable information held in the register if requested in writing, and must correct factually incorrect information if alerted by a registrable offender [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 is imprisonment for 5 years [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 child-related work. The maximum penalty is imprisonment for 5 years [Child Sex Offenders Registration Act 2006 (SA) s 65].

Child-related work means work involving contact with a child in connection with any of the following [s 64(1)]:

A person charged with applying for or engaging in child-related work contrary to the Act may have a defence if they can show that they did not know that the work was child-related work [s 65(2)].

The Commissioner of Police may give a person who is arrested or reported for 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, with a maximum penalty of $10,000 or imprisonment for 5 years [s 65A(2)]. Under the Act, a police officer may 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 [s 66(1)]. A person must also, when applying for work, disclose if they have been reported for such offences if proceedings have not been finalised [s 66(2)]. The maximum penalty for failing to comply with these requirements is a fine of $5,000.

*From 1 July 2025, child-related work includes businesses or undertakings in which children are employed, such as retail and fast-food entities, if the role involves contact with employees under the age of 18. Transitional provisions of the Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024 (SA):

Exemptions, modifications and suspensions granted by the Commissioner of Police

The Commissioner of Police may, on application (and payment of a fee) of a registrable offender, modify their reporting obligations or grant them an exemption from the restriction on engaging in child-related work [s 66B(1)].

The Commissioner of Police may only do this if [s 66B(4)]:

The Commissioner of Police may not modify a registrable offender's reporting requirements or grant an exemption if [s 66B(5)]:

Despite these conditions, from 1 July 2025, the Commissioner of Police may exempt a registrable offender from the restriction on engaging in child-related work if [s 66B(5a)]:

The Commissioner of Police may refuse to consider an application for an exemption or modification 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 modify reporting requirements or grant an exemption, the Commissioner can attach conditions to it [s 66B(6)].

The Commissioner of Police may also, with or without application, suspend the reporting obligations of a registrable offender who has a disability that makes it impossible for them to satisfy their reporting obligations, provided they do not pose a risk to the safety and well-being of children [s 66C].

The Commissioner of Police may only revoke a modification, exemption or suspension 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, revocation, or variation [s 66D(4)].

Applications cannot be made within 12 months of a previous application by the same registrable offender [s 66D(1)(c)].

Applicants can appeal decisions of the Commissioner of Police 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 are unknown and the registrable offender has either failed to comply with reporting obligations or provided false or misleading information [ss 66F-66H].

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 failing to comply with this requirement is a fine of $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 so is a fine of $25,000 or imprisonment for 5 years [s 66L].

Search powers

Police have extensive powers to search registrable offenders and their premises to ensure compliance with the Child Sex Offenders Registration Act 2006 (SA). Under s 66M, police may

These powers permit a police officer to break open and search cupboards and drawers and inspect computers and other devices. If a computer or device needs a password or code to be inspected, the registrable offender must provide it. Non-compliance is an offence with a maximum penalty of 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].