Under the Child Sex Offenders Registration Act 2006 (SA) registrable offenders must 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 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 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 [s 4(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 effect of being declared a serious registrable offender is that additional reporting requirements may be imposed (see below). Additionally, the Commissioner may issue a requirement to a serious registrable offender to wear or carry a tracking device, where failing to wear, carry or maintain the device is an offence with a maximum penalty 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 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 2 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 a fine of $25,000 or imprisonment for 5 years [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 child-related work. The maximum penalty is imprisonment for 5 years [Child Sex Offenders Registration Act 2006 (SA) s 65].

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

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, 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)]. Under both of these provisions the maximum penalty is $5,000.

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 [s 66B].

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 if [s 66B(5)]:

The Commissioner of Police may refuse to consider an application to modify reporting requirements 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, 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 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 each other 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 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 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].