Child Sex Offenders Registration Act 2006 (SA)

South Australia Child Sex Offenders Registration Act 2006 An Act to establish a register of child sex offenders; to prevent registered child sex offenders engaging in child-related work; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Object 4 Interpretation 4A Meaning of reportable contact 5 Conduct equated with commission of an offence 5A Criminal intelligence Part 2—Offenders to whom Act applies 6 Who is a registrable offender? 7 Who is a foreign registrable offender? 8 Who is a New South Wales registrable offender? 9 Child sex offender registration order 10 Appeal against order Part 2A—Serious registrable offender declarations 10A Serious registrable offender declarations 10B Appeal against declaration Part 3—Reporting obligations Division 1—Initial report 11 When initial report must be made 12 When new initial report must be made by offender whose previous reporting obligations have ceased 13 Initial report by registrable offender of personal details 14 Persons required to report under corresponding law Division 2—Ongoing reporting obligations 15 Registrable offender must report annually 15A Serious registrable offender may be required to make additional reports 16 Registrable offender must report changes to relevant personal details 17 Intended absence from South Australia to be reported 18 Change of travel plans while out of South Australia to be given 19 Registrable offender to report return to South Australia or decision not to leave 20 Report of other absences from South Australia 20A Report of reportable contact Division 3—Provisions applying to all reporting obligations 21 Where report is to be made 22 How report is to be made 23 Right to privacy and support when reporting 24 Receipt of information to be acknowledged 25 Additional matters to be provided 26 Power to take fingerprints or fingerscan 27 Power to take photographs 28 Reasonable force may be used 30 Retention of material for certain purposes 31 Reporting by remote offenders Division 4—Suspension of reporting obligations 32 Suspension of reporting obligations Division 5—Reporting period 33 When reporting obligations begin 34 Length of reporting period 35 Reporting period for foreign registrable offenders 36 Reporting period for New South Wales registrable offenders 36A Division does not apply to additional reporting obligations Division 6—Exemption from reporting obligations granted by Supreme Court 37 Supreme Court may exempt certain registrable offenders 38 Order for suspension 39 Commissioner is party to application 40 No costs to be awarded 41 Restriction on right of unsuccessful applicant to re-apply for order 42 Cessation of order 43 Application for new order Division 7—Offences 44 Offences of failing to comply with reporting obligations 45 Offences of furnishing false or misleading information 46 Time limit for prosecutions 47 Bar to prosecution for failing to report leaving South Australia Division 8—Notification of reporting obligations 48 Notice to be given to registrable offender 49 Courts to provide information to Commissioner 50 Notice to be given when reporting period changes 51 Supervising authority to notify Commissioner of certain events 52 Notices may be given by Commissioner 53 Failure to comply with procedural requirements does not affect registrable offender's obligations Division 9—Modified reporting procedures for protected witnesses 54 Who this Division applies to 55 Report need not be made in person 56 Order as to whether Division applies 57 Appeal to District Court 58 When order takes effect 59 Modification of ongoing reporting obligations Part 4—The register of child sex offenders 60 Register of child sex offenders 61 Access to register to be restricted 62 Restriction on who may access personal information on protected witnesses 63 Registrable offender's rights in relation to register Part 5—Registrable offenders prohibited from particular work 64 Interpretation 65 Registrable offender excluded from child-related work 65A Offence to fail to disclose certain matters to Commissioner 66 Offence to fail to disclose arrest or report Part 5A—Exemptions, modifications and suspensions granted by Commissioner 66A Interpretation 66B General power of Commissioner to make declaration 66C Power to make declaration suspending reporting obligations of registrable offender with disability 66D General provisions relating to declarations under Part 66E Appeal to District Court Part 5B—Publication of information about registrable offenders 66F Commissioner may publish personal details of certain registrable offenders 66G Commissioner may take into account certain matters 66H Protection as to publication and other provision of information 66I Conduct intended to incite animosity towards or harassment of identified offenders and other people 66J Publication, display and distribution of identifying information Part 5C—Control orders 66JA Court may make control order 66JB Terms of control order 66JC Interim control orders 66JD Duration of order 66JE Variation and revocation of order 66JF Offence to contravene or fail to comply with order 66JG Service of order Part 6—Miscellaneous 66K Change of name of registrable offender 66L Information to be provided to parents and guardians 66M Power to enter and search premises 66N Tracking devices 67 Confidentiality of information 68 Restriction on publication 69 State Records Act 1997 and Freedom of Information Act 1991 not to apply 71 Effect of spent convictions 72 Evidentiary 72A Service 73 Regulations Schedule 1—Class 1 and 2 offences Part 1—Preliminary 1 Interpretation Part 2—Class 1 offences 2 Class 1 offences Part 3—Class 2 offences 3 Class 2 offences Schedule 2—Information disclosure principles 1 Interpretation 2 General principles governing disclosure 3 Authorisation of disclosure 4 Circumstances where information may be disclosed without authorisation 5 Circumstances where information may be disclosed with authorisation Legislative history