[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Child Sex Offenders Registration (Control Orders and
Other Measures) Amendment Bill 2014
A BILL FOR
An Act to amend the Child
Sex Offenders Registration Act 2006.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Child Sex
Offenders Registration Act 2006
4Amendment of section
9—Child sex offender registration order
5Amendment of section
18—Change of travel plans while out of South Australia to be
given
6Amendment of section
64—Interpretation
7Amendment of section 66F—Commissioner may
publish personal details of certain registrable offenders
8Amendment of section
66J—Publication, display and distribution of identifying
information
9Insertion of Part 5C
Part 5C—Control
Orders
66JACourt may make control
order
66JBTerms of control
order
66JCInterim control
orders
66JDDuration
of order
66JEVariation and revocation of
order
66JFOffence to
contravene or fail to comply with order
66JGService of order
10Amendment of section
66L—Information to be provided to parents and guardians
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Child Sex Offenders Registration (Control
Orders and Other Measures) Amendment Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Child Sex Offenders Registration
Act 2006
4—Amendment
of section 9—Child sex offender registration order
Section 9(3)—delete "sexual safety" and substitute:
safety and well-being
5—Amendment
of section 18—Change of travel plans while out of South Australia to be
given
Section 18(1)(a)—delete "13 days" and substitute:
6 days
6—Amendment
of section 64—Interpretation
Section 64(1), definition of child related
work, (q)—delete paragraph (q) and substitute:
and includes work in connection with taxi services and hire car services
(whether or not the work involves contact with a child);
7—Amendment
of section 66F—Commissioner may publish personal details of certain
registrable offenders
Section 66F—after subsection (1) insert:
(1a) For the avoidance of doubt, information published by the Commissioner
under this section (whether before or after the commencement of this subsection)
may specify that the person to whom it relates is a registrable
offender.
8—Amendment
of section 66J—Publication, display and distribution of identifying
information
(1) Section 66J(1)—delete "without having first obtained" and
substitute:
except in accordance with
(2) Section 66J—after subsection (1) insert:
(1a) An approval granted by the Minister for the purposes of this section
may be subject to such conditions as the Minister thinks fit.
(1b) In determining
whether or not to grant an approval, or the conditions to attach to an approval,
the Minister may take into account the matters specified in section 66G(2)
(as if the references to the Commissioner in section 66G(2)(f) and (h)
were references to the Minister).
(1c) If the
Minister, in good faith, grants an approval for the purposes of this section, no
civil or criminal liability attaches to the Minister or the Crown by reason of
the grant of that approval.
(1d) If the Commissioner removes any or all of the personal details of a
registrable offender from the website on which they are published under
section 66F, a person who has published on a website identifying
information consisting of those personal details, or who is displaying such
identifying information, must take reasonable steps to remove that information
from the website or display.
Maximum penalty: Imprisonment for 2 years.
After section 66J insert:
Part 5C—Control Orders
66JA—Court may make control
order
(1) The Magistrates
Court may, on application made by the Commissioner, make a control order
relating to a registrable offender if satisfied on the balance of probabilities
that—
(a) the registrable offender poses a risk to the safety and well-being of
any child or children; and
(b) the making of the order will reduce that risk.
(2) In considering
whether or not to make a control order under this section, and in considering
the terms of the control order, the Court must have regard to the following
matters:
(a) the circumstances
and seriousness of each offence in relation to which the person is a registrable
offender, including—
(i) the age of the registrable offender at the time each offence was
committed; and
(ii) the age of each victim of each offence as at the time the offence was
committed; and
(iii) the differences between those ages;
(b) the period of time since each offence in
paragraph (a) was
committed (disregarding any period during which the registrable offender was in
government custody);
(c) the registrable offender's total criminal record;
(d) the effect of the order sought on the registrable offender in
comparison with the level of the risk that a further registrable offence may be
committed by the registrable offender;
(e) whether the registrable offender has breached a provision of this Act
or a restraining order under Part 4 Division 7 of the Summary
Procedure Act 1921 (including a foreign restraining order (within
the meaning of the Summary
Procedure Act 1921) registered under section 99H of that
Act);
(f) the personal circumstances of the registrable offender such as age,
accommodation, employment, physical and mental condition and integration into
the community,
and may have regard to any other matter the Court thinks fit.
(3) The Court may make
a control order without being satisfied as to the matters in
subsection (1) or
having regard to the matters in
subsection (2)
if—
(a) the Commissioner and the registrable offender consent to the making of
the order and its terms; and
(b) it is in the
interests of justice to make the order without being satisfied of, or having
regard to, those matters.
(4) In considering whether it is in the interests of justice to make an
order under
subsection (3), the
Court may have regard to the following:
(a) whether the registrable offender has obtained legal advice in relation
to the making of the order;
(b) whether the registrable offender—
(i) has impaired intellectual functioning; or
(ii) is subject to a guardianship order (within the meaning of the Guardianship
and Administration Act 1993); or
(iii) is illiterate, or is not literate in the English language;
or
(iv) may not, for some other reason, understand the effect of consenting
to the making of the order.
66JB—Terms of control order
(1) A control order may prohibit or restrict any conduct, including
(without limitation)—
(a) associating with, or communicating with, a specified person or persons
of a specified class; or
(b) being present at, or being in the vicinity of, a specified place or
premises or a place or premises of a specified class; or
(c) undertaking specified employment or employment of a specified kind;
or
(d) other conduct of a kind specified in the order.
(2) The Court must, on
making or varying a control order in relation to a registrable offender, take
all reasonable steps to explain to the registrable offender the terms of the
control order and in particular—
(a) the registrable offender's obligations under the control order;
and
(b) the consequences that may follow from a failure to comply with the
control order.
66JC—Interim control orders
(1) The Magistrates Court may, on an application under
section 66JA, make an
interim control order if the Court is satisfied that it is appropriate to do so
in all of the circumstances.
(2) An interim
control order may include any prohibition that may be included in a control
order (and
section 66JB(2)
applies to the interim control order as if it were a control order).
66JD—Duration of order
(1) A control order remains in force for a period of 5 years or such
lesser period as specified in the control order.
(2) An interim control order remains in force for the period specified by
the Court in making the order, or until further order of the Court.
66JE—Variation and revocation of
order
(1) The Magistrates
Court may, on application made by the Commissioner or the registrable offender
to whom a control order or interim control order applies, vary or revoke the
order.
(2) A registrable
offender may only apply under
subsection (1) with
the permission of the Court.
(3) The Court may only grant permission under
subsection (2) if
satisfied that—
(a) there has been a material change in circumstances relating to the
registrable offender or the order; and
(b) it is in the interests of justice to grant permission.
(4) In proceedings for the variation or revocation of a control order or
interim control order—
(a) the Commissioner and the registrable offender are parties to the
proceedings; but
(b) in the case of an application made by the Commissioner, the Court may,
if satisfied that the application has been served on the registrable offender,
hear and determine the proceedings whether or not the registrable offender
chooses to participate in the hearing.
66JF—Offence to contravene or fail to comply with
order
(1) A person who contravenes or fails to comply with a control order or
interim control order is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) For the purposes of determining whether a communication amounts to a
breach of a control order or interim control order that prohibits or restricts
certain communication, a registrable offender will be taken to have communicated
with a specified person, or a person within a specified class, if the other
person, in the circumstances of the communication, appears to be the specified
person or within the specified class of person.
(3) A person does not commit an offence against this section in respect of
an act or omission unless the person knew that the act or omission constituted a
contravention of, or failure to comply with, the order or was reckless as to
that fact.
66JG—Service of order
(a) makes an order imposing a control order or interim control order on a
registrable offender; or
(b) makes an order, on application by the Commissioner, varying or
revoking a control order or interim control order that has been imposed on a
registrable offender,
and the registrable offender is not present in Court at the
time—
(c) the Commissioner must cause a copy of the order imposing, varying or
revoking the control order or interim control order to be served on the
registrable offender; and
(d) in relation to the imposition or variation of a control
order—the order does not take effect until a copy is served on the
registrable offender.
(2) If the Commissioner is required to cause a copy of an order imposing,
varying or revoking a control order or interim control order to be served on a
registrable offender under
subsection (1), a
police officer may—
(a) require the
registrable offender to remain at a particular place for so long as may be
necessary for the order to be served; and
(b) if the registrable offender refuses or fails to comply with the
requirement or the officer has reasonable grounds to believe that the
requirement will not be complied with—arrest and detain the registrable
offender in custody (without warrant) for—
(i) so long as may be necessary for the order to be served; or
(ii) 2 hours or such longer period as is approved by the Magistrates
Court,
whichever is the lesser.
(3) The Magistrates Court may, on application by a police officer, extend
a period of detention under this section if satisfied that it is appropriate to
do so in the circumstances, but not so that the aggregate period of detention of
the person exceeds 8 hours.
10—Amendment
of section 66L—Information to be provided to parents and
guardians
(1) Section 66L—after "who" insert:
is to
(2) Section 66L(a)—delete "resides" first occurring and
substitute:
reside
(3) Section 66L(b)—delete "stays" first occurring and
substitute:
stay
(4) Section 66L—delete "must tell a" and substitute:
must, before doing so, tell each