South Australia: 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 The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Child Sex Offenders Registration Act 2006. 3—Object The object of this Act is to protect children from sexual predators by— (a) requiring certain persons who may have a propensity to commit sexual offences against children to keep the Commissioner of Police informed of their whereabouts and other personal details for a period of time— (i) to reduce the risk of such offences being committed; and (ii) to facilitate the investigation and prosecution of any offences that are committed; and (b) preventing such persons from engaging in child-related work. 4—Interpretation (1) In this Act, unless the contrary intention appears— child means a person under the age of 18 years; child sex offender registration order means an order made under section 9 and includes a corresponding child sex offender registration order; class 1 offence means an offence listed in Schedule 1 Part 2; class 2 offence means an offence listed in Schedule 1 Part 3; Commissioner means the Commissioner of Police; corresponding child sex offender registration order means an order made under a corresponding law that falls within a class of order that the regulations state is a corresponding child sex offender registration order for the purposes of this Act; corresponding law means a law of a foreign jurisdiction— (a) that requires people who have committed specified offences to report, in that jurisdiction, information about themselves and to keep that information current for a specified period; and (b) that is declared by the regulations to be a corresponding law for the purposes of this Act; corresponding registrar means the person whose duties and functions under a corresponding law most closely correspond to the duties and functions of the Commissioner under this Act; court includes a court (however described) of a foreign jurisdiction but does not include a family conference within the meaning of the Young Offenders Act 1993; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; detainee means a person who— (a) is detained in a training centre within the meaning of the Young Offenders Act 1993; or (b) is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935; disability means intellectual disability or physical disability; Note— The meaning of disability is affected by subsection (3). existing licensee means a person who has been released from government custody on licence and includes a person who has a similar status under the laws of a foreign jurisdiction; finding of guilt in relation to an offence committed by a person (however expressed) means— (a) a court making a formal finding of guilt in relation to the offence; or (b) a court accepting a plea of guilty or other admission of guilt from the person in relation to the offence; or (c) a court declaring under Part 8A of the Criminal Law Consolidation Act 1935 that the person is liable to supervision in relation to the offence, or an equivalent declaration or finding under the law of a foreign jurisdiction; or (d) in the case of conduct that is, under section 5, equated with an offence for the purposes of this Act, a court making a formal finding that the person engaged in that conduct, but does not include a finding of guilt that is subsequently quashed or set aside by a court; fingerscan means fingerprints taken by means of a device to obtain a record of the fingerprints; foreign jurisdiction means a jurisdiction other than South Australia (including jurisdictions outside Australia); foreign registrable offence means an offence that is not a registrable offence under this Act but that is specified in a corresponding law as an offence the commission of which results in a requirement that the offender report, in the jurisdiction in which the corresponding law is in force, information about himself or herself; foreign registrable offender has the meaning set out in section 7; foreign witness protection law means a law of a foreign jurisdiction that provides for the protection of witnesses; good behaviour bond means a bond entered into under the Sentencing Act 2017; government custody means— (a) custody as a prisoner or detainee; or (b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a); intellectual disability means permanent or temporary loss or imperfect development of mental faculties resulting in reduced intellectual capacity; New South Wales Act means the Child Protection (Offenders Registration) Act 2000 of New South Wales; New South Wales registrable offender has the meaning set out in section 8; offence includes conduct that is, under section 5, equated with an offence for the purposes of this Act; parole means an order made under Part 6 Division 3 of the Correctional Services Act 1982 and includes any equivalent order made under the laws of a foreign jurisdiction; personal details means the information listed in section 13(1); physical disability means— (a) the total or partial loss of any function of the body; or (b) the total or partial loss of any part of the body; or (c) the malfunctioning of any part of the body; or (d) the malformation or disfigurement of any part of the body, whether permanent or temporary, but does not include intellectual disability; prisoner has the same meaning as in the Correctional Services Act 1982; register means the register of registrable offenders established under section 60; registrable offence means— (a) a class 1 offence; or (b) a class 2 offence; or (c) an offence that results in the making of a child sex offender registration order; registrable offender has the meaning set out in section 6; registrable repeat offender means a registrable offender who has (whether before or after the commencement of this Act) committed— (a) on at least 3 separate occasions, a class 1 or class 2 offence; or (b) on at least 2 separate occasions, a class 1 or class 2 offence provided that on each occasion the victim was under the age of 14 years; reportable contact has the meaning set out in section 4A; reporting obligations, in relation to a registrable offender, means the obligations imposed on him or her under Part 3; reporting period means the period, as determined under Part 3 Division 5, during which a registrable offender must comply with his or her reporting obligations; sentence, in relation to an offence, includes— (a) the imposition of a penalty for the offence, or the making of any other order or direction consequent on a finding of guilt in relation to the offence (including an order or direction requiring a person to enter into a bond); and (b) the making of a declaration under Part 8A of the Criminal Law Consolidation Act 1935 that a person charged with the offence is liable to supervision; and (c) the making of a restraining order under section 99AA of the Summary Procedure Act 1921 where the grounds for making the order consist of, or include, the commission of the offence; and (d) the making of any equivalent order or declaration under the laws of a foreign jurisdiction; serious registrable offender means— (a) a registrable repeat offender; or (b) a registrable offender who has been declared to be a serious registrable offender under Part 2A; strict supervision means— (a) supervision by a person or body whose functions or powers include supervision of persons in government custody or persons subject to a supervised sentence; and (b) supervision by an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a); supervised sentence means— (a) parole; or (b) a sentence of home detention; or (c) a sentence of community service; or (d) a good behaviour bond under which the person entering into the bond is required to submit to strict supervision; or (e) a supervision order within the meaning of Part 8A of the Criminal Law Consolidation Act 1935 under which the person the subject of the order is released on licence; supervising authority, in relation to an offender, means the authority prescribed by the regulations as the supervising authority in relation to the class of offender to which he or she belongs. (2) For the purposes of this Act, offences arise from the same incident only if— (a) they are committed by the offender within a single period of 24 hours and are committed against the same person; or (b) they are the result of a single act or omission of the offender (whether committed against the same person or not). (3) For the purposes of this Act and without limiting the meaning of disability given by subsection (1), a person has a disability if he or she is being detained as a result of a court declaring under Part 8A of the Criminal Law Consolidation Act 1935 that the person is liable to supervision in relation to an offence. (4) A reference to doing a thing in person in this Act is a reference to doing the thing by personal attendance at a place (and does not include attendance by telephone or by any other electronic means). (5) A reference in this Act to the making of a restraining order under section 99AA of the Summary Procedure Act 1921 includes a reference to the making of an order under the Sentencing Act 2017 that has effect as a restraining order under section 99AA of the Summary Procedure Act 1921. 4A—Meaning of reportable contact (1) For the purposes of this Act, a person has reportable contact with a child— (a) if— (i) the person has contact with the child consisting of— (A) any form of physical contact or close physical proximity with the child; or (B) any form of communication with the child (whether in person, in writing, by telephone or other electronic device); and (ii) the contact with the child— (A) occurs in the course of— • the person or the child visiting or residing at a dwelling (whether the person and the child are alone or with others); or • the person (whether alone or with others) supervising or caring for the child; or (B) involves the person providing contact details to the child or obtaining contact details from the child or otherwise inviting (in any manner) further contact or communication between the person and the child; or (b) if the person has contact of a kind, or occurring in circumstances, prescribed by the regulations. (2) For the purposes of subsection (1), a reference to a child includes— (a) a person who the registrable offender believes, at the time the contact occurs, is under the age of 18 years; and (b) a fictitious person represented to the registrable offender at the time the contact occurs as being a real person under the age of 18 years. (3) A reference to a dwelling in subsection (1)(a)(ii)(A) includes any form of accommodation (including temporary accommodation). (4) To avoid doubt, reportable contact includes contact that is supervised. 5—Conduct equated with commission of an offence If a court finds that a person has engaged in conduct that is not an offence but is sufficient to ground the making of a restraining order under section 99AA of the Summary Procedure Act 1921, that conduct is, for the purposes of this Act, equated with the commission of an offence. 5A—Criminal intelligence (1) If any decision was made by the Commissioner under this Act because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (2) In any proceedings under this Act, the court determining the proceedings— (a) must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent. (3) The Commissioner may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police. Part 2—Offenders to whom Act applies 6—Who is a registrable offender? (1) Subject to this section, a registrable offender is a person— (a) whom a court has at any time (whether before, on or after the commencement of this section) sentenced for a class 1 or class 2 offence; or (b) who is, or has been, subject to a child sex offender registration order. Note— This Act applies to persons sentenced by a court of a foreign jurisdiction for certain offences under the law of that jurisdiction—see the definitions of court and sentence in section 4, the description of class 1 and class 2 offences in Schedule 1 and the power to make an order under section 9(2). Some requirements of this Act apply to certain people who are registrable offenders for the purposes of equivalent laws outside South Australia, even though they are not registrable offenders under this Act—see section 14. (2) A person who is— (a) a foreign registrable offender; or (b) a New South Wales registrable offender, is also a registrable offender. (3) Unless he or she is a registrable offender because of subsection (2), a person is not a registrable offender merely because he or she— (a) while a child committed a class 1 or class 2 offence for which he or she has been sentenced; or (b) is a person on whom a sentence has been imposed in respect of a single class 2 offence, if the sentence— (i) did not include a term of imprisonment; and (ii) was not a supervised sentence. (4) Unless he or she is a registrable offender because of subsection (2) or is, immediately before the commencement of this section, in government custody in relation to a registrable offence, a person is not a registrable offender merely because he or she was sentenced for— (a) a single class 2 offence more than 8 years before the commencement of this section; or (b) a single class 1 offence more than 15 years before the commencement of this section; or (c) 2 class 2 offences more than 15 years before the commencement of this section. (5) A person is also not a registrable offender if he or she— (a) is receiving protection under a foreign witness protection law specified by the regulations for the purposes of this subsection; or (b) has the same status as such a person under an order made under a corresponding law specified by the regulations for the purposes of this subsection. (6) A person ceases to be a registrable offender if— (a) his or her finding of guilt in respect of the only registrable offence that makes him or her a registrable offender for the purposes of this Act is quashed or set aside by a court; or (b) his or her sentence in respect of that offence is reduced or altered so that he or she would have been a person described in subsection (3)(b) had the amended sentence been the original sentence; or (c) he or she is a registrable offender only because he or she is, or has been, subject to a child sex offender registration order and that order is quashed by a court. (7) For the purposes of this section, it is irrelevant whether or not a person may lodge, or has lodged, an appeal in respect of a finding of guilt, sentence or child sex offender registration order. (8) For the purposes of subsection (3)(b), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence. 7—Who is a foreign registrable offender? A foreign registrable offender is a person who— (a) has at any time (whether before, on or after the commencement of this section) been sentenced in a foreign jurisdiction for a foreign registrable offence of a prescribed class; and (b) having been sentenced for that offence, would, if he or she were currently in that foreign jurisdiction, be required to report to the corresponding registrar in that jurisdiction for a particular period (the recognised foreign reporting period). 8—Who is a New South Wales registrable offender? A New South Wales registrable offender is a person who had been in New South Wales at a time before the date specified by the regulations for the purposes of this section and whose reporting obligations under the New South Wales Act had begun at that time, other than a person who falls within a class of person whom the regulations prescribe not to be a New South Wales registrable offender for the purposes of this Act. 9—Child sex offender registration order (1) A court may— (a) on sentencing a person for an offence that is not a class 1 or class 2 offence; or (b) on sentencing a person for a class 1 or class 2 offence committed while the person was a child; or (c) on sentencing a person for a single class 2 offence where the sentence imposed does not include a term of imprisonment and is not a supervised sentence; or (d) on making a restraining order against a person under section 99AA of the Summary Procedure Act 1921, order that the person comply with the reporting obligations of this Act. (1a) The Magistrates Court may, at any time while a restraining order under section 99AA of the Summary Procedure Act 1921 remains in force, order that the person the subject of the restraining order comply with the reporting obligations of this Act. (2) The Magistrates Court may order that a person who has been sentenced for an offence against the law of a foreign jurisdiction (and who is not otherwise a registrable offender in respect of that offence) comply with the reporting obligations of this Act. Note— A person who has been sentenced for an offence against the law of a foreign jurisdiction may be a registrable offender, in the absence of such an order, because the offence was a class 1 or 2 offence or because the person is a foreign registrable offender. (3) The court may only make an order under this section if, after taking into account any matter that it considers appropriate, it is satisfied that the person poses a risk to the safety and well‑being of any child or children. (4) For the purposes of subsection (3), it is not necessary that the court be able to identify a risk to a particular child or particular children. (5) The court may only make an order under this section on the application of— (a) in the case of an order to be made by a court that is dealing with a person for an offence—the prosecution; or (b) in any other case—a police officer. (6) For the purposes of subsection (1)(c), 2 or more class 2 offences arising from the same incident will be treated as a single class 2 offence. 10—Appeal against order (1) If a court makes a child sex offender registration order, an appeal lies against the making of that order— (a) in the case of an appeal against an order made in the Magistrates Court—to a single judge of the Supreme Court; or (b) in any other case—in the same way as an appeal against a sentence imposed by the court. (2) On an appeal, the appellate court may— (a) confirm, vary or quash the order; and (b) make ancillary orders and directions. Part 2A—Serious registrable offender declarations 10A—Serious registrable offender declarations (1) The Commissioner may, if satisfied that a registrable offender is at risk of committing further class 1 or class 2 offences, declare that the registrable offender is a serious registrable offender. (2) A declaration under this section operates during the period specified by the Commissioner when making the declaration or until revoked in accordance with this Part. (3) The Commissioner may revoke the declaration at any time, on his or her own initiative or on application by the serious registrable offender. 10B—Appeal against declaration (1) A registrable offender who is aggrieved by a decision of the Commissioner in relation to him or her under this Part may appeal against the decision to the Administrative and Disciplinary Division of the District Court. (2) Subject to this section, an appeal must be instituted within 1 month of the making of the decision appealed against. (3) The Commissioner must, on application by the registrable offender, give the offender a written statement of the reasons for the decision. (4) If a written statement of the reasons for a decision is not given by the Commissioner at the time of making the decision and the registrable offender, within 1 month of the making of the decision, applies to the Commissioner for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the offender receives the written statement of reasons. Part 3—Reporting obligations Division 1—Initial report 11—When initial report must be made (1) A registrable offender of a kind referred to in column 1 of the Table must report his or her personal details to the Commissioner within the period specified in relation to him or her in column 2 of the Table: Table|| Column 1|Column 2| Registrable offender|Period for initial report| A registrable offender (other than a foreign registrable offender) who enters government custody in South Australia on or after the commencement of this section as a consequence of having been sentenced for a registrable offence and who ceases to be in government custody whilst in South Australia|Within 7 days after he or she ceases to be in government custody| A registrable offender (other than a foreign registrable offender) in government custody in South Australia immediately before the commencement of this section and who ceases to be in government custody whilst in South Australia|Within 7 days after he or she ceases to be in government custody| A registrable offender (other than a foreign registrable offender) who is in South Australia on the commencement of this section, but who is not in government custody at that time|Within 45 days after the commencement of this section| Any other person who becomes a registrable offender because he or she is sentenced for a class 1 or class 2 offence in South Australia or who becomes a registrable offender because of a child sex offender registration order made by a court in South Australia|Within 7 days after he or she is sentenced for the class 1 or class 2 offence or the child sex offender registration order is made (as the case may be)| A registrable offender who enters South Australia from a foreign jurisdiction and who has not previously been required under this section to report his or her personal details to the Commissioner|Within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody| A foreign registrable offender who has not previously reported his or her personal details to the Commissioner and who is in South Australia on the date on which he or she becomes a foreign registrable offender|Within 7 days after he or she becomes a foreign registrable offender or 7 days after he or she ceases to be in government custody, whichever is the later| (2) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsection (1), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody. 12—When new initial report must be made by offender whose previous reporting obligations have ceased (1) If a registrable offender's reporting period expires but he or she is then sentenced for a registrable offence, he or she must report his or her personal details to the Commissioner— (a) within 7 days after he or she is sentenced for the registrable offence; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, whichever is the later. (2) If a registrable offender's reporting period expires but he or she then becomes a foreign registrable offender who must, under section 35, continue to comply with the reporting obligations imposed by this Part for any period, he or she must report his or her personal details to the Commissioner— (a) within 7 days after he or she becomes a foreign registrable offender; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, whichever is the later. (3) If a registrable offender's reporting obligations are suspended by an order under section 38 (or an equivalent order in a foreign jurisdiction) and that order ceases to have effect under section 42 (or an equivalent provision of the laws of a foreign jurisdiction), he or she must report his or her personal details to the Commissioner— (a) within 7 days after the order ceases to have effect; or (b) if the registrable offender is in government custody, within 7 days after he or she ceases to be in government custody, whichever is the later. (4) If a registrable offender is not in South Australia at the time he or she would be required under subsection (1), (2) or (3) to report his or her personal details to the Commissioner, the registrable offender must report his or her personal details within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody. (5) A registrable offender who is leaving South Australia must, despite any period that would otherwise apply in relation to the registrable offender in accordance with subsections (1) to (3), report his or her personal details to the Commissioner before leaving South Australia unless he or she entered South Australia from a foreign jurisdiction and remained in South Australia for less than 7 consecutive days, not counting any days spent in government custody. 13—Initial report by registrable offender of personal details (1) The details the registrable offender must report are as follows: (a) his or her name, together with any other name by which he or she is, or has previously been, known; (b) in respect of each name other than his or her current name, the period during which he or she was known by that other name; (c) his or her date of birth; (d) the address of each of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, the name of each of the localities in which he or she can generally be found; (da) his or her postal address for service of notices and documents under this Act; (e) the names and ages of any children who generally reside in the same household as that in which he or she generally resides; (ea) if the registrable offender knows that he or she is likely to have reportable contact during the next 12 month period with a particular child—the name and age of the child; (f) if he or she is working— (i) the nature of the work; and (ii) the name of his or her employer (if any); and (iii) the address of each of the premises at which he or she generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works; (g) details of his or her affiliation with any club or organisation that has child membership or child participation in its activities; (h) the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; (i) details of any tattoos or permanent distinguishing marks that he or she has (including details of any tattoo or mark that has been removed); (j) whether he or she has ever been found guilty in any foreign jurisdiction of a registrable offence or of an offence that required him or her to report to a corresponding registrar or been subject to a corresponding child sex offender registration order and, if so, where that finding occurred or that order was made; (k) if he or she has been in government custody since he or she was sentenced or released from government custody (as the case may be) in respect of a registrable offence or foreign registrable offence, details of when and where that government custody occurred; (ka) if, at the time of making a report under this Division, he or she has a valid passport—the passport number, date and place of issue and date of expiry of the passport; (l) if, at the time of making a report under this Division, he or she leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence)— (i) in general terms, the reason for travelling; and (ii) in general terms, the frequency and destinations of the travel; (m) details of any carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person; (n) details of any internet service provider or provider of a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) used, or intended to be used, by the person; (o) details of the type of any internet connection used, or intended to be used, by the person, including whether the connection is a wireless, broadband, ADSL or dial‑up connection; (p) details of any email addresses, passwords, internet user names, instant messaging user names, chat room user names or any other access code, user name or identity used, or intended to be used, by the person through the internet or other electronic communication service; (q) any other information prescribed by the regulations. (2) For the purposes of this section— (a) a registrable offender does not generally reside at any particular premises unless he or she resides at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and (b) a child does not generally reside in the same household as a registrable offender unless they reside together in that household for at least 14 days (whether consecutive or not) in any period of 12 months; and (d) a registrable offender does not generally work at any particular premises unless he or she works at those premises for at least 14 days (whether consecutive or not) in any period of 12 months; and (e) a registrable offender does not generally drive a particular motor vehicle unless the person drives that vehicle on at least 14 days (whether consecutive or not) in any period of 12 months. (3) For the purposes of this section, a person is working if he or she— (a) carries out work under a contract of employment or a contract for services (whether written or unwritten); or (b) carries out work as a self-employed person or as a sub-contractor; or (c) carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or (d) undertakes practical training as part of an educational or vocational course; or (e) carries out work as a volunteer including the performance of unpaid community work in accordance with an order of a court. 14—Persons required to report under corresponding law (1) This section applies to a person (other than one to whom Division 9 applies) who has been required to report to a corresponding registrar, irrespective of whether he or she is a registrable offender for the purposes of this Act. (2) Unless the person has previously complied with the obligation imposed by this section, he or she must, within 7 days after entering and remaining in South Australia, contact (by telephoning South Australia Police or another prescribed means) the Commissioner. (3) The Commissioner must advise the person whether he or she is a registrable offender for the purposes of this Act and any reporting obligations that he or she has under this Act. (4) A person is not guilty of an offence against section 44 because of a failure to comply with the reporting obligation imposed by subsection (2) if he or she— (a) is not a registrable offender for the purposes of this Act; or (b) has not been notified of that reporting obligation; or (c) does not remain in South Australia for 7 or more consecutive days, not counting any days spent in government custody; or (d) reports in accordance with section 11. Division 2—Ongoing reporting obligations 15—Registrable offender must report annually (1) A registrable offender must report his or her personal details to the Commissioner each year. (2) The registrable offender must make the annual report— (a) on the date specified by the Commissioner by notice in writing to the registrable offender, being a date— (i) not less than 1 month after the date on which the notice was given; and (ii) not less than 12 months after the date of the last annual report by the offender under this Act (if any); or (b) if no such date is specified by the Commissioner—by the end of the calendar month in which the anniversary of the date of the last annual report by the offender under this Act or a corresponding law falls. (3) If the registrable offender has been in government custody since he or she last reported his or her personal details under this section, the details he or she must report include details of when and where that custody occurred. (4) If a registrable offender's reporting period expires, but he or she is then required to report again under section 12, the reference to the date on which he or she first reported is to be read as a reference to the date on which he or she first reported in respect of the current reporting period. 15A—Serious registrable offender may be required to make additional reports (1) If the Commissioner has reason to suspect that a serious registrable offender— (a) may fail to comply with this Act; or (b) poses a risk to the safety and well‑being of children, the Commissioner may make a declaration imposing additional reporting requirements on the serious registrable offender. (2) Subject to this section, a declaration under this section operates during the period determined by the Commissioner. (3) A declaration may be varied or revoked by the Commissioner at any time and must be revoked if the Commissioner is satisfied that the grounds for making the declaration no longer exist. (4) The Commissioner must not make or vary a declaration in relation to a particular serious registrable offender if the declaration or variation would result in the serious registrable offender being subject to additional reporting requirements for a total period (whether continuous or not) of more than 2 years. (5) The Magistrates Court may, on application by the Commissioner, make an order imposing additional reporting requirements on a serious registrable offender (for a specified period or until further order) if satisfied that the order is reasonably necessary— (a) to ensure that the serious registrable offender complies with this Act; or (b) to minimise any risk to the safety and well‑being of children. (6) For the avoidance of doubt, the Magistrates Court may make an order despite the fact that it would result in the serious registrable offender being subject to additional reporting requirements for a total period that exceeds the period specified in subsection (4). (7) The Magistrates Court may vary or revoke an order made under this section on application by— (a) the Commissioner; or (b) the serious registrable offender. (8) An application may only be made under subsection (7)(b) with the permission of the Court and permission is only to be granted if the Court is satisfied, on the basis of the application and any evidence tendered by the serious registrable offender, that there has been a substantial change in the relevant circumstances since the order was made or last varied. (9) The Commissioner is a party to an application under subsection (7)(b) and may make any submission to the Court in respect of the application. (10) A declaration or order under this section relating to a serious registrable offender ceases to be of any force or effect on the expiration of the serious registrable offender's reporting period (if the declaration or order has not already expired or been revoked). (11) In this section— additional reporting requirements, in relation to a declaration or order made under this section, means requirements that the serious registrable offender to whom the declaration or order relates report his or her personal details to the Commissioner at intervals specified in the declaration or order, being intervals of less than 1 year but not less than 1 month. 16—Registrable offender must report changes to relevant personal details (1) A registrable offender must report to the Commissioner any change in his or her personal details within 7 days after that change occurs. (2) For the purposes of subsection (1), a change occurs in the premises or household where the registrable offender or a child generally resides, or in the premises where the registrable offender generally works, or the motor vehicle that he or she generally drives, only on the expiry of the relevant 14 day period referred to in section 13(2). (3) If the personal details of a registrable offender (other than one to whom Division 9 applies) change while he or she is not in South Australia, he or she must report the change to the Commissioner within 7 days after entering and remaining in South Australia for 7 or more consecutive days, not counting any days spent in government custody. Note— Under section 32, certain reporting obligations of a registrable offender are suspended while he or she is out of South Australia unless Division 9 applies to him or her. (4) A registrable offender who is in government custody for 7 or more consecutive days must report his or her personal details to the Commissioner— (a) within 7 days after he or she ceases to be in government custody; or (b) before leaving South Australia, whichever occurs first. (5) If— (a) the personal details of a registrable offender (other than one referred to in subsection (3) or (4) or to whom Division 9 applies) whose reporting obligations are suspended under this Act change during that suspension; and (b) the registrable offender's reporting obligations cease to be so suspended, he or she must report the change to the Commissioner within 7 days after cessation of the suspension. 17—Intended absence from South Australia to be reported (1) This section applies if a registrable offender— (a) intends to leave South Australia for 7 or more consecutive days to travel elsewhere in Australia; or (b) intends to leave South Australia to travel out of Australia. (2) At least 7 days before leaving South Australia, the registrable offender must report the intended travel to the Commissioner and must provide details of— (a) each State, Territory or country to which he or she intends to go while out of South Australia; and (b) the approximate dates during which he or she intends to be in each of those States, Territories or countries; and (c) each address or location within each State, Territory or country at which he or she intends to reside (to the extent that they are known) and the approximate dates during which he or she intends to reside at those addresses or locations; and (d) if he or she intends to return to South Australia, the approximate date on which he or she intends to return; and (e) if he or she does not intend to return to South Australia—a statement of that intention. (3) If circumstances arise making it impracticable for a registrable offender to make the report 7 days before he or she leaves, it is sufficient compliance with subsection (2) if the registrable offender reports the required information to the Commissioner at least 24 hours before leaving South Australia. 18—Change of travel plans while out of South Australia to be given (1) This section applies if a registrable offender who is out of South Australia decides— (a) to extend a stay elsewhere in Australia beyond 6 days; or (b) to change any details given to the Commissioner under section 17. (2) As soon as practicable after making the decision, the registrable offender must— (a) if subsection (1)(a) applies, report the details required by section 17(2) to the Commissioner (including those details as they relate to the travel that has already been completed); or (b) if subsection (1)(b) applies, report the changed details to the Commissioner. (3) The registrable offender must make the report— (a) by writing sent by post or transmitted electronically to the Commissioner or to any other address permitted by the regulations; or (b) in any other manner permitted by the regulations. 19—Registrable offender to report return to South Australia or decision not to leave (1) This section applies if a registrable offender was required to report that he or she intended to leave South Australia under section 17. (2) If the registrable offender left South Australia, he or she must, within 7 days after entering and remaining in South Australia for 7 consecutive days (not counting any days spent in government custody)— (a) report his or her return to the Commissioner; and (b) if the registrable offender travelled out of Australia—present his or her passport for inspection and copying. (3) If the registrable offender decides not to leave South Australia, he or she must report his or her change of intention to the Commissioner within 7 days after deciding not to leave. 20—Report of other absences from South Australia (1) This section applies if a registrable offender, at the time of making a report under this Division, leaves, or intends to leave, South Australia to travel elsewhere in Australia on an average of at least once a month (irrespective of the length of any such absence). (2) The registrable offender must report the following details to the Commissioner: (a) in general terms, the reason for travelling; (b) in general terms, the frequency and destinations of the travel. 20A—Report of reportable contact Despite any other provisions of this Act, if a registrable offender has reportable contact with a child, he or she must report the details of that contact to the Commissioner within 2 days of such contact occurring. Division 3—Provisions applying to all reporting obligations 21—Where report is to be made (1) A report by a registrable offender under this Part is to be made— (a) if the Commissioner gives the offender a direction that the report is to be made at a specified police station—at the police station so directed; or (b) if the personal details last reported by the offender indicate an address for premises at which he or she generally resides and the Commissioner gives the offender a direction that the report is to be made at those premises—at the premises so directed; (c) if no direction is given under paragraph (a) or (b)—at a place approved (either generally or in a particular case) by the Commissioner. (1a) A direction by the Commissioner under subsection (1)(a) or (b)— (a) must be given in writing in accordance with any requirements prescribed by the regulations; and (b) may be varied or revoked at any time by further notice in writing given to the registrable offender by the Commissioner. (2) This section does not apply if, under section 22(2), a report is permitted to be made in a way that is inconsistent with this section. 22—How report is to be made (1) Subject to subsection (2), a registrable offender must attend in person to make the following reports under this Part: (a) a report required by Division 1 (initial report); (b) a report required by section 15 (annual report); (ba) a report required by declaration or order under section 15A; (c) a report of a change of address of the premises at which he or she generally resides or, if he or she does not generally reside at any particular premises, of the localities in which he or she can generally be found; (d) a report of the acquisition of, removal of, or change to, any tattoo or permanent distinguishing mark; (e) a report required by section 17(1)(b); (f) a report required by section 19(2)(b); (g) a report required by section 20A. (2) A registrable offender may, with the approval of the Commissioner— (a) make a report referred to in subsection (1); or (b) make any other report that is required under this Act, by making the report in a manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission). (3) Only a police officer approved for the purpose by the Commissioner may receive a report made by a registrable offender attending in person and only a police officer or other person approved for the purpose by the Commissioner may receive a report made in another way in accordance with subsection (2). (4) If a registrable offender is a child or has a disability that renders it impossible or impracticable for him or her to make the report in a manner required by this Act, the registrable offender will, nevertheless, be taken to make the report if— (a) in the case of a registrable offender who is a child—a parent or guardian of the child or, if neither a parent nor guardian is available, an adult who knows the registrable offender makes the report (so far as is reasonably possible) on the registrable offender's behalf; or (b) in the case of a registrable offender who is an adult who has a disability—a parent, guardian, carer or other adult person nominated by the registrable offender or approved by the Commissioner makes the report (so far as is reasonably possible) on the registrable offender's behalf, and such report must be made— (c) by both the registrable offender and the person reporting on his or her behalf attending in person; or (d) in another manner permitted by the Commissioner or the regulations, either generally or in a particular case (including by email or other form of electronic transmission). 23—Right to privacy and support when reporting (1) A person making a report under this Part by attending in person— (a) is entitled to make the report out of the hearing of members of the public; and (b) is entitled to be accompanied by a support person of his or her own choosing and, in the case of a child, must be accompanied by a parent or guardian of the child or, if neither a parent or guardian is available, an adult who knows the registrable offender. (2) A police officer or other person receiving the report may arrange for an interpreter to be present when a person is making a report under this Part. (3) A police officer or other person receiving the report must not allow an interpreter to be present when a person is making a report under this Part unless the interpreter has signed an undertaking not to disclose any information derived from the report unless required or authorised by or under any Act or law to do so. 24—Receipt of information to be acknowledged (1) As soon as practicable after receiving a report under this Part, the police officer or other person receiving the report must acknowledge the making of the report. (2) The acknowledgment must be in writing, must be given to the person who made the report and must include— (a) the name and signature of the police officer or other person who received the report; and (b) the date and time when, and the place where, the report was received; and (c) a copy of the information that was reported. (3) The Commissioner must ensure that a copy of every acknowledgment is retained. 25—Additional matters to be provided (1) If a report is required to be made by attending in person, the person making the report must also— (a) present for inspection the registrable offender's driver's licence (if any) or any other form of identification or other document reasonably required by the police officer receiving the report to verify or support details in the report; and (b) provide a photograph of the registrable offender's head and face of a type suitable for use in an Australian passport; and (c) if not the registrable offender, present for inspection his or her driver's licence (if any) or any other form of identification reasonably required by the police officer receiving the report. (2) The police officer receiving the report may waive any requirements of subsection (1) if the police officer is otherwise satisfied as to the identity of the person making the report. (2a) If a report is required to be made by attending in person, the person making the report must also present for inspection the registrable offender's current passport (if any). (3) The police officer receiving the report may copy any document presented to the police officer for inspection under subsection (1) or (2a). (4) If a report is made otherwise than in person, the regulations may specify— (a) the circumstances in which— (i) information will be required concerning the identity of the registrable offender and the identity of the person making the report; or (ii) a document will be required verifying or supporting details in the report; and (b) the manner in which that information or document is to be provided, but may not require an original document to be provided. 26—Power to take fingerprints or fingerscan (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, the fingerprints or a fingerscan of the registrable offender if not reasonably satisfied as to the identity of the registrable offender after the police officer has examined all the material relating to identity provided or presented to him or her by, or on behalf of, the registrable offender. (2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child. 27—Power to take photographs (1) A police officer receiving a report made in person under this Part may take, or may cause to be taken by a person authorised by him or her, photographs of the registrable offender. (2) A police officer may only take, or cause to be taken, photographs of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent nor guardian is available, an adult who knows the child. 28—Reasonable force may be used (1) Before attempting to exercise a power under section 26 or 27, the police officer must inform the registrable offender in language likely to be understood by him or her— (a) of the purpose for which the power is to be exercised; and (b) that reasonable force may be used if the registrable offender refuses to voluntarily submit to the exercise of the power; and (c) that the fingerprints, fingerscan or photographs (as the case may be) will be retained by the Commissioner. (2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints, fingerscan or photographs of a registrable offender if— (a) the registrable offender refuses to co-operate voluntarily; and (b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant. 30—Retention of material for certain purposes The Commissioner may, during the reporting period of a registrable offender, retain for law enforcement, crime prevention or child protection purposes any of the following taken under this Division from, or in relation to, the registrable offender: (a) copies of any documents; (b) any fingerprints or fingerscans; (c) any photographs, and, at the end of that period, the Commissioner must cause them to be destroyed. 31—Reporting by remote offenders (1) This section applies if a registrable offender resides more than 100 kilometres from the nearest police station. (2) A registrable offender need not comply with a time limit concerning the making of a report in person under this Part if, before the time limit expires, he or she or a person entitled to make the report on his or her behalf contacts the Commissioner and— (a) nominates a reasonable time and place at which the report will be made; and (b) provides the Commissioner (by telephone or other means) with the information required to be reported under Division 1 or Division 2. (3) The Commissioner must ensure that there is a method of recording any information provided by a registrable offender in accordance with subsection (2). Division 4—Suspension of reporting obligations 32—Suspension of reporting obligations (1) Any obligation imposed on a registrable offender by this Part is suspended for any period during which he or she— (a) is in government custody; or (b) is outside South Australia unless he or she is a person to whom Division 9 applies or the obligation is under section 18; or (c) is the subject of an order under Division 6 (or an equivalent order made under the laws of a foreign jurisdiction); or (d) is the subject of a declaration under Part 5A suspending his or her reporting obligations. (2) If, in accordance with section 34(1), a registrable offender is required to comply with the reporting obligations imposed by this Part for a period expressed as a specified number of years, any period during which his or her reporting requirements are suspended under subsection (1) is not to be taken into account in determining when the specified period ends. Division 5—Reporting period 33—When reporting obligations begin For the purposes of this Division, a registrable offender's reporting obligations begin— (a) in the case of a person who is a registrable offender because of a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921—when the restraining order is made; or (b) in any other case— (i) if the registrable offender is held in government custody in relation to the relevant registrable offence—when the registrable offender ceases to be in government custody in relation to the offence; or (ii) if the registrable offender is not held in government custody in relation to the relevant registrable offence—when the registrable offender is sentenced for the offence. 34—Length of reporting period (1) A registrable offender of a kind referred to in column 1 of the Table must continue to comply with the reporting obligations imposed by this Part for the period specified in relation to him or her in column 2 of the Table: Table|| Column 1|Column 2| Registrable offender|Period| A registrable offender who is subject to a child sex offender registration order made by a court in South Australia on the making of a restraining order against him or her under section 99AA of the Summary Procedure Act 1921|The period for which the restraining order remains in force| A registrable offender who is subject to any other child sex offender registration order made by a court in South Australia|The period specified by the court in making the order| A registrable offender who is subject to a corresponding child sex offender registration order|The period for which the person is required to report in accordance with the corresponding law under which the order was made| A registrable offender who has only ever been found guilty of a single class 2 offence (where the sentence included a term of imprisonment or was a supervised sentence)|8 years| A registrable offender who has only ever been found guilty of a single class 1 offence|15 years| A registrable offender who has been found guilty of 2 class 2 offences|15 years| A registrable offender who has been found guilty of 2 or more class 1 offences|The remainder of the person's life| A registrable offender who has been found guilty of a class 1 offence and 1 or more class 2 offences|The remainder of the person's life| A registrable offender who has been found guilty of 3 or more class 2 offences.|The remainder of the person's life| Note— A life-long reporting obligation may be suspended under Division 6. (2) A reference in subsection (1) to an offence extends to an offence committed before the commencement of that subsection or for which a person was sentenced before the commencement of that subsection. (3) For the purposes of this section— (a) 2 or more offences arising from the same incident are to be treated as a single offence; and (b) 2 or more offences arising from the same incident are to be treated as a single class 1 offence if at least one of those offences is a class 1 offence. Note— The meaning of single offence is qualified by section 4(2). 35—Reporting period for foreign registrable offenders (1) Despite anything in this Part, a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for the recognised foreign reporting period referred to in section 7(b). (2) For the purposes of this section, if a foreign registrable offender is a foreign registrable offender under the laws of more than one jurisdiction, the recognised foreign reporting period is the longest period for which he or she would be required to report to the corresponding registrar of a foreign jurisdiction. 36—Reporting period for New South Wales registrable offenders (1) Subject to subsection (2), a New South Wales registrable offender must continue to comply with the reporting obligations imposed by this Part for the period he or she is required to report in accordance with the New South Wales Act. (2) A New South Wales registrable offender who, on or after the date specified by the regulations for the purposes of section 8, is sentenced for a registrable offence or becomes a foreign registrable offender must continue to comply with the reporting obligations imposed by this Part for— (a) the period referred to in subsection (1); or (b) the period that he or she is required to report in accordance with this Division (other than this section), whichever is longer. 36A—Division does not apply to additional reporting obligations This Division does not apply in relation to additional reporti