Sex Offenders Register in South Australia

The Sex Offenders Register in South Australia aims to protect children from sexual predators by limiting the access offenders have to children. It is governed by the Child Sex Offenders Registration Act 2006. This page deals with the Sex Offenders Register in South Australia.

Accessing the Register

The Sex Offenders Register in South Australia can only be accessed by those authorised to do so.

Registrable offenders

A person can be placed on the Sex Offenders Register in South Australia if they have been sentenced for a class 1 or class 2 offence (in South Australia or elsewhere).

A person can also be placed on the Register if they have been sentenced for an offence that is not a class 1 or a class 2 offence but the prosecution applies for a Child Sex Offender Registration Order and the court is satisfied that the person poses a risk to the life or sexual safety of children.

Class 1 and class 2 sex offences

Relevant offences for the purposes of the Sex Offenders Register in South Australia are divided into Class 1 or Class 2 offences.

Class 1 offences include:

• 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
• rape of a child
• sexual intercourse with a child
• kidnapping a child with intent to commit a sexual offence
• sexual exploitation of a child
• abduction.

Class 2 offences include:

• 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
• indecent assault of, or gross indecency against, a child
• procurement of a child for sexual intercourse or to commit an indecent act
• 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.

Reporting periods while on the Sex Offenders Register in South Australia

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. The reporting periods are as follows:

• 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 the offender’s life.

Details to be reported

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.

Reporting obligations

The offender’s initial report must be made:

• within seven days of being released from custody
• within seven 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 seven or more days, not counting any days spent in custody, within seven days of entry.

After the initial report is made, the offender must again report:

• each year
• within seven days of:
  • any change to relevant personal details
  • deciding not to leave South Australia
  • returning to South Australia
• seven days before leaving South Australia
• as soon as practicable for any change of travel plans while out of South Australia.

Penalties

The penalty for breaching reporting obligations is generally a $10,000 fine or imprisonment for two 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 five years imprisonment.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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