The law regarding the Sex Offenders Register in South Australia is the Child Sex Offenders Registration Act 2006.
The aim of the register is to protect children from sexual predators by limiting the opportunities for offenders such as stopping them from taking part in child-related work.
The Sex Offenders Register in South Australia can only be accessed by those authorised to do so.
A person can be placed on the Sex Offenders Register in South Australia if:
- sentenced for a relevant offence or
- they are, or have been, the subject of a sex offender registration order.
This includes people convicted outside South Australia.
Relevant offences are sorted into Class 1 or Class 2 offences.
Class 1 offences include:
- the murder of a child in the course of a sexual offence
- endangering the life of a child in the course of committing a sexual offence
- the rape of a child
- sexual intercourse with a child
- kidnapping a child with intent to commit a sexual offence
- sexual exploitation of a child
Class 2 offences include:
- the manslaughter of a child in the course of a sexual offence
- creating a risk of serious harm to a child while committing a sexual offence
- the indecent assault of, or gross indecency against, a child
- the procurement of a child for sexual intercourse or to commit an indecent act
- the production, possession, or distribution of child pornography
- deceptively recruiting a child for, or using a child in, commercial sexual services
- incest with a child under 17 years
- conspiring or attempting to commit any class 2 offence
- aiding, abetting or counselling the commission of any class 2 offence.
The length of the reporting period for an offender on the Sex Offenders Register in South Australia depends upon the class and number of offences they have committed:
- for a class 2 offence – 8 years
- for a class 1 offence or two class 2 offences – 15 years
- for more than one class 1, three or more class 2, or any combination of class 1 and 2 offences – the rest of their life.
The details an offender on the Sex Offenders Register in South Australia must report include:
- their name, including any previous names and when they were known by that name
- their birth date
- their address
- any children who are in the same household
- any employment
- any involvement with clubs that allow child membership or child participation
- any motor vehicle
- any permanent distinguishing marks (including tattoos), including marks that have been removed
- if they have been placed on a register, or been subject to a sex offender registration order, outside of South Australia
- time spent in custody since being convicted of this offence
- any plans to leave South Australia temporarily about once a month
- any carriage or internet service or connection used, or intended to be used, including any email addresses, passwords, user names, access codes, and identities.
The offender’s initial report must be made:
- within 7 days of being released from custody
- within 7 days of being sentenced for the offence or receiving the child sex offender registration order (if not in custody)
- if entering South Australia after a conviction or order is made elsewhere with the intention of staying for 7 or more days, not counting any days spent in custody, within 7 days of entry.
After the initial report is made, the offender must again report:
- each year
- within 7 days of:
- any change to relevant personal details
- deciding not to leave South Australia
- returning to South Australia
- 7 days before leaving South Australia
- as soon as practicable for any change of travel plans while out of South Australia.
The penalty for breaching reporting obligations is generally a $10,000 fine or imprisonment for 2 years.
However, if the breach is because the offender did not report contact with a child and they do not have a reasonable excuse, the maximum penalty rises to a $25,000 fine or 5 years imprisonment.
This article reflects the state of the law as at 22 December 2015. It is intended to be of a general nature only and does not constitute legal advice. If you require legal assistance, please telephone 1300 636 846 or request a consultation at gotocourt.com.au.