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CHILD SEX OFFENDERS REGISTRATION BILL

The Hon. M.J. ATKINSON (Attorney-General) obtained leave and introduced a bill for 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. Read a first time.

The Hon. M.J. ATKINSON: I move:

That this bill be now read a second time.

The Child Sex Offenders Registration Bill will:

×require registrable offenders (as defined) to register with, and provide specified personal details to, the Commission­er for Police for a specified period. Registration will be required either automatically upon conviction (mandatory registration) or by court order (discretionary registration);

×require registrable offenders to report annually, and as otherwise required, to the Commissioner during the specified period;

×require registrable offenders to notify the Commissioner about any change in the required personal details during the specified period;

×require registered offenders to notify the Commissioner about any planned travel outside of South Australia;

×provide for the monitoring of registrable offenders from other jurisdictions;

×require the Commissioner to establish and maintain a confidential register of information provided by regis­trable offenders, to which access is to be strictly limited to designated police officers and other law enforcement authorities for monitoring and law enforcement purposes;

×prohibit a registrable offender from working in a child-related area.

This bill is an important step towards ensuring that South Australia's children are protected from sexual predators. I seek leave to insert the remainder of the second reading explanation into Hansard without my reading it.

Leave not granted.

The Hon. M.J. ATKINSON: The point of child-offender registration legislation is to require some types of offender, known as `registrable offenders', who have been convicted of serious offences against children (generally sex offences and offences of violence with a sexual element) to register with and provide certain personal information to the police upon their release from prison or upon conviction if no custodial sentence is imposed. Registrable offenders are then required, regularly, to report to police and to keep police informed about any changes to the required information. Failure to report to police or update information as required are themselves further offences. Penalties for breaches of the legislation include imprisonment. The length of time a registrable offender must remain registered depends upon the nature and seriousness of the offence with which the offender has been convicted, but can be for life in the most serious of cases.

I wish the member for Mitchell, who is requiring me to read this over the next half hour, would get his head out of the newspaper and pay attention to the proceedings of the parliament. He could do that on behalf of the constituents he represents.

Mr Hanna interjecting:

The SPEAKER: Order!

The Hon. M.J. ATKINSON: The member for Mitchell is opposed, I believe, to this legislation and it is no wonder that he would require me to read it out as a punishment for introducing it.

The purpose of a child offender register, in the Australian context, is to assist police to monitor the whereabouts and activities of registrable offenders who, because of their record of serious offending, are thought to pose a sexual threat to children. Access to the information on the register is strictly controlled, and is limited to police and other law enforcement authorities for monitoring and law enforcement purposes.

Mr Speaker, let the record show that the member for Mitchell continues to read a newspaper in the chamber.

Importantly, the register is not accessible by members of the public, as it is in many United States jurisdictions. Experience has taught that public access to such information is unwise. Practical experience in the United Kingdom and the United States of America has shown that public release of the information results in mayhem and vigilantism. In the United Kingdom, vigilantes with a limited vocabulary burnt a paediatrician's house to the ground. In addition, it can be said that police across Australia have firmly decided that the national policy should be against public release. They know only too well, and rightly so, what problems will result for them.

Legislation to establish a child sex offender register was first enacted in Australia in New South Wales in 2000. At its 44th meeting in July 2003, the Australasian Police Ministers' Council resolved to support the development of a national child sex offender register based on draft legislation modelled on the New South Wales register and associated legislation. The proposed model was the subject of consulta­tion at both officer and ministerial level with the standing committee of Attorneys-General. Although supportive in principle, SCAG was concerned to ensure that the proposed model was balanced and effectively directed resources towards the problem of recidivist and predatory pederasts. General agreement was reached on these matters.

×A national register should be established based on mandatory reporting model for specified categories of offences against children;

×the national register will be managed by CrimTrac;

×there will be mutual recognition of reporting orders, so that a reporting requirement imposed under the legislation of one jurisdiction will be recognised in other jurisdictions (that is, a reporting obligation registered nationally remains enforceable when a registered offender moves interstate);

×the registrable information reporting requirements should be nationally consistent (although allowing that the requirement for annual reporting may be imposed by means of a notice to report);

×it will be an offence to disclose information contained in the register without proper authority (leaving each jurisdiction to set, by an appropriate mechanism, the boundaries for information release);

×there may be some variation between jurisdictions on

×the categories of offenders automatically registered;

×the length of reporting periods; and

×the extent of the court review mechanisms available (noting, in particular, that different arrangements are likely to apply for juveniles).

In accordance with the agreement between APMC and SCAG, Victoria enacted the Sex Offenders Registration Act 2004. This legislation provides for the creation of a register that imposes mandatory reporting obligations on some registrable offenders and discretionary reporting obligations on others. The government proposes that the South Australian legislation be modelled on the Victorian Sex Offenders Registration Act 2004 with some minor modifications. The details of the bill are set out below. I now seek to insert the remainder of my second reading speech in Hansard without my reading it.

The SPEAKER: Leave is sought; is leave granted?

Mr Hanna: No. I will say it is because of your remarks.

The SPEAKER: Order! Leave is not granted.

The Hon. M.J. ATKINSON: Mr Speaker, let the record show that the member for Mitchell is not listening to a word of this speech but is reading a newspaper and other docu­ments in the chamber.

Mr HANNA: On a point of order: I understand that the Attorney makes those remarks only to be provocative—

The SPEAKER: Order! What is the point of order?

Mr HANNA: That it is out of order, sir, for a member to refer to the materials such as the one I am reading at the moment, The Review of South Australia's Rape and Sexual Assault Laws, which is directly related to the topic which the Attorney General is covering.

The SPEAKER: Order! The member for Mitchell will take his seat.

Mr HANNA: It is out of order to do so, sir.

The SPEAKER: I agree; it is highly discourteous.

Mr HANNA: Thank you, sir.

The SPEAKER: It is not, however, a breach of any standing order. Perhaps the Attorney-General can get on with it.

The Hon. M.J. ATKINSON: The electors of Mitchell expect their member to pay attention.

Mr HANNA: On a point of order: the Attorney is again being provocative by reflecting on another member.

The SPEAKER: There is no point of order.

Mr HANNA: It is, of course, false to suggest that I am not paying attention.

The SPEAKER: There is no point of order; the member for Mitchell will take his seat.

Mr HANNA: May I make a request of you, sir, to assist other members to uphold the courtesies and dignities of the place that are traditional.

The SPEAKER: Yes, and I have done that. The Attorney-General will get on with it.

The Hon. M.J. ATKINSON: Who is a registrable offender? The act will apply to three categories of registrable offenders:

×mandatory registrable offenders;

×corresponding registrable offenders; and

×discretionary registrable offenders.

A mandatory registrable offender is a person who has been sentenced for a class 1 or class 2 `registrable offence'. These offences are contained in the schedules to the bill. The list of registrable offences is strictly limited to child sex offences and serious offences of sexual violence against children in accordance with the original intent of the legislation. The legislation will provide that a person acquitted of, or found unfit to stand trial for, a registrable offence by reason of mental impairment will be caught by the mandatory registra­tion requirements. A corresponding registrable offender is a person who is a registrable offender under the corresponding legislation of another state or territory. A discretionary registrable offender is a person who is ordered to register with the commissioner by a court, being:

×a child who has been found guilty of a mandatory regis­trable offence where the court, having taken into account any matter that it considers appropriate, is satisfied that the child poses a risk to the sexual safety of one or more children;

×a person who has been found guilty of an offence that is not a class 1 or class 2 offence, where the court, having taken into account any matter that it considers appropriate, is satisfied that the person poses a risk to the sexual safety of one or more children;

#34×a person who is subject to a paedophile restraining order under section 99AA of the Summary Proced­ure Act and who does not already meet the defini­tion of a registrable offender. (In practice, this will be limited to where the PRO is made under section 99AA(1)(b)(iii), that is, where the person has not been convicted of a child sexual offence). Any registration order made on this basis only has the life of the principal order itself.

I turn now to the right of appeal against initial registration. There will be no right of appeal against initial registration for:

· mandatory registrable persons; or

· corresponding registrable persons.

There will, however, be a right of appeal against initial registration for discretionary registrable persons. The onus will be on the person to establish that, if the order were made, the effect on the person, including on their privacy and liberty, would be grossly disproportionate to the public interest in protecting society through the effective investiga­tion of crimes of a sexual nature to be achieved by registra­tion under the act. The court will be given authority to stay a registration order pending an appeal. I seek leave to have the remainder of my second reading explanation inserted in Hansard without my reading it.

Leave granted.

Effect of Registration

These reporting obligations apply to all registrable persons:

× within 28 days of sentencing or the making of a child sex offender registration order, 28 days of release from custody, 45 days from the commencement date of legislation (if the offender is not in custody) or 14 days from entering the State, the registrable person must provide to the Commission­er this information:

× name (including any aliases or previous names);

× date of birth;

× address;

× name and ages of all children with whom they reside or with whom they have regular unsupervised contact;

× name and details of employment (including training or voluntary work);

× nature of employment;

× details of any affiliations with any club or organisa­tion with child membership;

× details of cars owned or regularly driven;

× details of tattoos or other distinguishing marks; and

× details of any convictions or custody;

× notify the Commissioner within 14 days of any change to the prescribed personal information;

× report to the Commissioner annually, confirming the accuracy of the prescribed information;

× give the Commissioner seven days notice of any intended absence from the State for more than 14 days, including the details of the proposed absence (where to, how long, approximate return date), any change in the notified details and, within 14 days, notify the Commissioner of their return. Other reporting obligations are suspended for the time the person is absent from the State. However, they will be subject to equivalent reporting obligations in the jurisdiction they are visiting.

Initial, annual or change of detail reports about certain matters (change of address, tattoo or distinguishing mark) must be made in person to specified approved police officers. Other reports may be made in a prescribed or approved (by Commissioner) manner. Allowances will be made for reportable persons living in remote areas or with disabilities that render reporting in person or within the specified timetables impractical.

Reporting Period

The reporting obligations will apply to a registrable person for the relevant reporting period. These are:

× for a mandatory reportable person:

× eight years for a single class 2 offence;

× 15 years for a single class 1 offence or multiple class 2 offences;

× life for offenders already registered because of a class 1 offence who are found guilty of another registrable offence (class 1 or 2); offences registered for a class 2 offence found guilty of a subsequent class 1 offence; offenders already registered for one or more class 2 offences and found guilty of another one or more class 2 offences (i.e., resulting in conviction for three or more class 2 offences);

× for a discretionary reportable person:

× for conviction for a non-registrable offence in relevant circumstances, such period as is ordered by the court.

× if a child, half the relevant prescribed mandatory registration period if applicable, or as ordered by the court if discretionary (noting juveniles are not liable for registration for life);

× if registrable solely because of a P.R.O., for the life of the P.R.O.

Exemptions from reporting obligations

Where a registrable person is subject to lifetime registration, he or she may apply to the Supreme Court after 15 years for an order suspending the reporting obligation.

A discretionary registrable person may apply to the Supreme Court for an order suspending or cancelling the reporting obligations at any time.

Establishment of Child Sex Offender Register

The Act will:

× require the Commissioner to establish a Child Sex Offender Register (the Register);

× require the Commissioner to enter on to the Register all required information about a registrable offender (includ­ing all updated information);

× require the Commissioner to restrict access to the Register to authorised persons;

× require the Commissioner to develop guidelines about access to, and disclosure of, information from the Register (which must be approved by the Minister);

× prohibit unauthorised access to or disclosure of information from the Register;

× provide a registrable person with the right to:

× require the Commissioner to provide him with a copy of any information about him on the Register; and

× require the Commissioner to amend an entry that is incorrect.

Prohibition on Child-Related Employment

The Act will prohibit a registrable person from applying for employment in a child-related area for the period of registration. Further consultation will occur on whether the period of prohibition should apply after the period of registration finishes and, if so, for how long. For the purposes of the prohibition, "child-related employment" will be defined broadly to include employment (paid, voluntary or training) involving contact with a child in connection with:

× pre-schools or kindergartens;

× child care centres;

× educational institutions for children;

× child protection services;

× juvenile detention centres;

× refuges or other residential facilities used by children;

× foster care for children;

× hospital wards or out-patient services (whether public or private) in which children are ordinarily patients;

× overnight camps regardless of the type of accommoda­tion or of how many children are involved;

× clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement;

× programs or events for children provided by any institution, agency or organisation;

× religious or spiritual organisations;

× counselling or other support services for children;

× commercial baby sitting or child minding services;

× commercial tuition services for children;

× services for the transport of children.

Offences

The Act will provide for these offences:

× failing to comply with reporting obligations;

× furnishing false or misleading information; and

× unauthorised access to or disclosure of information from the Register.

Retrospectivity

The Act will apply retrospectively, meaning:

× persons who have been convicted of a registrable offence, but before commencement of the legislation (“prior convictions”), will have to register for the balance of the relevant registration period;

× prior convictions will be relevant in calculating the relevant registration period.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Object

This clause specifies the object of the measure.

4—Interpretation

This clause defines terms used in the measure. In particular—

registrable offence is defined to mean a class 1 offence (see Schedule 1 Part 2 of the measure), a class 2 offence (see Schedule 1 Part 3 of the measure) or an offence that results in the making of a child sex offender registration order (see clause 9);

offence is defined to include conduct that is, under clause 5, equated with the commission of an offence for the purposes of the measure.

5—Conduct equated with commission of an offence

This clause provides that conduct that is not an offence but is found by a court to be sufficient to ground the making of a restraining order under section 99AA of the Summary Procedure Act 1921 (a paedophile restraining order) is, for the purposes of the measure, equated with the commission of an offence.

Part 2—Offenders to whom Act applies

6—Who is a registrable offender?

This clause identifies that a registrable offender is—

(a) a person whom a court has at any time (whether before, on or after the commencement of the clause) sentenced for a registrable offence;

(b) a foreign registrable offender;

(c) a New South Wales registrable offender.

A person is not however a registrable offender merely because while under the age of 18 he or she committed a class 1 or class 2 offence for which he or she has been sentenced or because of being sentenced for a single class 2 offence if the sentence did not include a term of imprison­ment and was not a supervised sentence.

7—Who is a foreign registrable offender?

This clause defines foreign registrable offenders.

8—Who is a New South Wales registrable offender?

This clause defines New South Wales registrable offenders.

9—Child sex offender registration order

This clause allows a court to make a child sex offender registration order on sentencing a person for any offence or on making a paedophile restraining order if the court is satisfied that the person poses a risk to the sexual safety of any child or children. In addition the Magistrates Court is empowered to make a child sex offender registration order in relation to 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) if the court is satisfied that the person poses a risk to the sexual safety of any child or children.

10—Appeal against order

This clause provides for an appeal against a child sex registration order.

Part 3—Reporting obligations

Division 1—Initial report

11—When report must be made

This clause identifies when the initial report under the measure must be made by a registrable offender (depending on whether the registrable offender is in custody etc).

12—When new initial report must be made by offender whose previous reporting obligations have ceased

This clause sets out reporting requirements for a person who is sentenced for a registrable offence after previous reporting requirements have expired.

13—Initial report by registrable offender of personal details

This clause sets out the personal details that must be included in the initial report.

14—Persons required to report under corresponding law

This clause sets out requirements relating to a person who is required to report to a corresponding registrar and who enters and remains in South Australia.

Division 2—Ongoing reporting obligations

15—Registrable offender must report annually

This clause provides for annual reporting by registrable offenders.

16—Registrable offender must report changes to relevant personal details

This clause requires a report to be made where the personal details of a registrable offender change.

17—Intended absence from South Australia to be reported

A registrable offender must report any intended absence if the registrable offender will be travelling interstate for 14 days or more, or overseas.

18—Change of travel plans while out of South Australia to be given

This clause provides for reporting where a registrable offender changes his or her travel plans so that he or she will be out of South Australia for more than 13 days or wants to change any other details provided under the preceding clause.

19—Registrable offender to report return to South Australia or decision not to leave

This clause provides that a registrable offender who is required to report an intended absence under clause 17 must report his or her return or a decision not to leave.

20—Report of other absences from South Australia

This clause requires reporting of other shorter absences from the State if they occur at least once a month.

Division 3—Provisions applying to all reporting obliga­tions

21—Where report is to be made

This clause specifies where reports are to be made.

22—How report is to be made

This clause specifies how reports are to be made (whether in person or otherwise).

23—Right to privacy and support when reporting

A person making a report is entitled to make the report out of the hearing of other members of the public and is entitled to be accompanied by a support person.

24—Receipt of information to be acknowledged

A written acknowledgment of a report is to be given by the police officer or other person receiving the report.

25—Additional matters to be provided

This clause provides for the provision of other identification documents when a report is made.

26—Power to take fingerprints or fingerscan

This clause empowers the taking of fingerprints or a finger­scan from a person making a report.

27—Power to take photographs

A police officer may arrange for the taking of photographs of the registrable offender.

28—Reasonable force may be used

This clause authorises the use of reasonable force (in certain circumstances) to take fingerprints, a fingerscan or photo­graphs.

29—Criminal Law (Forensic Procedures) Act 1998 not to apply

The Criminal Law (Forensic Procedures) Act 1998 is not to apply to the taking of fingerprints, fingerscans or photographs under the measure.

30—Retention of material for certain purposes

This clause provides for the retention of documents and fingerprints and photographs of a registrable offender during the reporting period of the registrable offender, and for destruction of such material on the expiry of that period.

31—Reporting by remote offenders

This clause makes special provision in relation to reporting by registrable offenders who reside more than 100 km from the nearest police station.

Division 4—Suspension of reporting obligations

32—Suspension of reporting obligations

This clause allows for suspension of reporting obligations in certain circumstances.

Division 5—Reporting period

33—When reporting obligations begin

This clause defines when reporting obligations begin. If the offender is placed in custody in relation to the offence, the obligation begins on release from that custody and if the offender is not in custody, the obligations begin when the offender is sentenced.

34—Length of reporting period

This clause specifies the length of the reporting period, which varies according to the type and number of offences commit­ted but can in some cases be for the remainder of the person's life.

35—Reporting period for foreign registrable offenders

36—Reporting period for New South Wales registrable offenders

These clauses specify the reporting period for foreign registrable offenders and NSW registrable offenders.

Division 6—Exemption from reporting obligations

37—Supreme Court may exempt certain registrable offenders

Under this clause a registrable offender who is required to continue to comply with the reporting obligations for the remainder of his or her life can apply to the Supreme Court for suspension of the obligations if—

(a) a period of 15 years has passed since he or she was last sentenced or released from government custody in respect of a registrable offence or a foreign registrable offence, whichever is later; and

(b) he or she did not become the subject of a life-long reporting period under a corresponding law whilst in a foreign jurisdiction before becoming the subject of such a period in South Australia; and

(c) he or she is not on parole in respect of a registrable offence.

38—Order for suspension

This clause provides for the making of orders suspending obligations. In deciding whether to make the order, the Supreme Court must take into account—

(a) the seriousness of the registrable offender's registrable offences and foreign registrable offences; and

(b) the period of time since those offences were committed; and

(c) the age of the registrable offender, the age of the victims of those offences and the difference in age between the registrable offender and the victims of those offences, as at the time those offences were committed; and

(d) the registrable offender's present age; and

(e) the registrable offender's total criminal record; and

(f) any other matter the Court considers appropriate.

The Court must not make the order unless it is satisfied that the registrable offender does not pose a risk to the sexual safety of any child or children.

39—Commissioner is party to application

This clause makes the Commissioner a party to an application for an order suspending obligations.

40—No costs to be awarded

No costs are to be awarded in proceedings for an order suspending obligations.

41—Restriction on right of unsuccessful applicant to re-apply for order

A registrable offender is not entitled to make a further application to the Supreme Court until 5 years have elapsed from the date of a refusal, unless the Court otherwise orders at the time of the refusal.

42—Cessation of order

This clause provides that an order suspending obligations ceases if the registrable offender—

(a) is made subject to a child sex offender registration order; or

(b) is found guilty of a registrable offence; or

(c) becomes a foreign registrable offender who must under clause 35 continue to comply with the reporting obligations imposed by the Part for any period.

The clause also provides that the order can revive in certain circumstances.

43—Application for new order

This clause provides for the making of an application for a new order suspending obligations where a previous order has ceased under clause 42.

Division 7—Offences

44—Offence of failing to comply with reporting obliga­tions

This clause creates an offence of failing to comply with reporting obligations without a reasonable excuse. The offence is punishable by a fine of $10 000 or imprisonment for 2 years.

45—Offence of furnishing false or misleading information

This clause creates an offence of furnishing false or mislead­ing information that is punishable by a fine of $10 000 or imprisonment for 2 years.

46—Time limit for prosecutions

Proceedings for an offence must be commenced within 2 years unless the Attorney-General authorises the com­mencement of the proceedings at a later time.

47—Bar to prosecution for failing to report leaving South Australia

If a registrable offender leaves South Australia and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding law, the regis­trable offender is not to be prosecuted for a failure to comply with clause 17 in respect of the travel out of South Australia.

Division 8—Notification of reporting obligations

48—Notice to be given to registrable offender

This clause requires the Commissioner to give a registrable offender written notice of his or her reporting obligations and the consequences of failing to comply.

49—Courts to provide information to Commissioner

This clause requires the courts to provide the Commissioner with certain information relevant to the measure.

50—Notice to be given when reporting period changes

This clause requires the Commissioner to give a registrable offender written notice of a change to his or her reporting period.

51—Supervising authority to notify Commissioner of certain events

If a registrable offender—

(a) ceases to be in strict government custody; or

(b) ceases to be in government custody; or

(c) ceases to be subject to a supervised sentence; or

(d) ceases to be subject to a condition of parole requiring the person to be subject to supervision; or

(e) ceases to be an existing licensee,

the supervising authority must notify the Commissioner of that fact.

52—Notices may be given by Commissioner

This clause allows the Commissioner to give written notices to a registrable offender at any time (ie. even when not required under another provision).

53—Failure to comply with procedural requirements does not affect registrable offender's obligations

A failure by a person other than a registrable offender to comply with any procedural requirement imposed on the person does not, of itself, affect a registrable offender's reporting obligations.

Division 9—Modified reporting procedures for protected witnesses

54—Who this Division applies to

This clause provides that the Division applies to—

(a) registrable offenders who are participants in the State Witness Protection Program; and

(b) registrable offenders who are the subject of an order in force under the Division.

55—Report need not be made in person

A person to whom this Division applies will comply with the reporting requirements of this Part if he or she reports such information as the Commissioner requires him or her to report and does so at the times, and in a manner, authorised by the Commissioner and if acknowledgment is given in a manner approved by the Commissioner.

56—Order as to whether Division applies

This clause allows for the making of an order by the Commis­sioner that a person either is, or is not, a person to whom this Division applies and provides for internal review of such orders.

57—Appeal to District Court

This clause allows for an appeal to the Administrative and Disciplinary Division of the District Court against an order under clause 56.

58—When order takes effect

This clause defines when an order takes effect.

59—Modification of ongoing reporting obligations

This provision provides for the application of clauses 13(1), 17 to 20 and 47 with respect to a person to whom this Division applies as if any reference in the clauses to South Australia were a reference to the jurisdiction in which the person generally resides.

Part 4—The register of child sex offenders

60—Register of child sex offenders

This clause provides for the establishment of the register and specifies the information that is to be entered on the register in respect of each registrable offender.

61—Access to register to be restricted

This clause provides for the development of guidelines (which are to be approved by the Minister) governing access to the register. The guidelines are to ensure that access to information contained in the register is restricted to the greatest extent that is possible without interfering with the purpose of the measure.

62—Restriction on who may access personal information on protected witnesses

This clause makes special provision in relation to access to information in the register that identifies, or might identify, a person to whom Part 3 Division 9 applies.

63—Registrable offender's rights in relation to register

This clause gives a registrable offender a right to a copy of reportable information held in the register in relation to the registrable offender on request. There are also provisions to allow a registrable offender to request amendment of information and for review of decisions on such a request by the Police Complaints Authority.

Part 5—Registrable offenders prohibited from child-related work

64—Interpretation

This clause defines certain terms used in the Part. In particu­lar child-related work is defined as work involving contact with a child in connection with—

(a) pre-schools or kindergartens;

(b) child care centres;

(c) educational institutions for children;

(d) child protection services;

(e) juvenile detention centres;

(f) refuges or other residential facilities used by children;

(g) foster care for children;

(h) hospital wards or out-patient services (whether public or private) in which children are ordinarily patients;

(i) overnight camps regardless of the type of accom­modation or of how many children are involved;

(j) clubs, associations or movements (including of a cultural, recreational or sporting nature) with significant child membership or involvement;

(k) programs or events for children provided by any institution, agency or organisation;

(l) religious or spiritual organisations;

(m) counselling or other support services for children;

(n) commercial baby sitting or child minding services;

(o) commercial tuition services for children;

(p) services for the transport of children.

65—Registrable offender excluded from child-related work

This clause makes it an offence for a registrable offender to apply for or engage in child-related work. The offence is punishable by 5 years imprisonment.

66—Offence to fail to disclose charges

This clause makes it an offence for a person who is engaged in, or has applied for, child-related work and who is charged with a class 1 or 2 registrable offence to fail to disclose charges to his or her employer or prospective employer. The offences are punishable by a fine of $5000.

Part 6—Miscellaneous

67—Confidentiality of information

This clause makes it an offence to intentionally or recklessly disclose information obtained under the measure other than in accordance with the principles in Schedule 2. The maxi­mum penalty for the offence is imprisonment for 5 years.

68—Restriction on publication

This clause makes it an offence to intentionally or recklessly publish a report containing information disclosed in contra­vention of clause 67.

69—State Records Act 1997 and Freedom of Information Act 1991 not to apply

This clause provides that the State Records Act 1997 and the Freedom of Information Act 1991 do not apply to information obtained under the measure.

70—Immunity of persons engaged in administration of Act

This clause provides for immunity from personal liability for a person engaged in the administration of the measure for an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of official powers or functions. Such liability lies instead against the Crown.

71—Effect of spent convictions

Whilst South Australia does not have a spent convictions regime, other jurisdictions do and this provision makes it clear that the fact that a conviction has become spent under such legislation does not affect its status as an offence under this Act.

72—Evidentiary

This clause provides for evidentiary certificates (signed by the Commissioner, or a police officer holding a position designated in writing by the Commissioner for the purposes of the clause) relating to matters contained in the register. The provision also provides for recognition of certificates under a corresponding law.

73—Regulations

This clause provides for the making of regulations.

Schedule 1—Class 1 and 2 offences

Part 1—Preliminary

1—Interpretation

This is an interpretative provision for the Schedule.

Part 2—Class 1 offences

2—Class 1 offences

This clause lists the class 1 offences.

Part 3—Class 2 offences

3—Class 2 offences

This clause lists the class 2 offences.

Schedule 2—Information disclosure principles

Schedule 2 sets out the information disclosure principles for the purposes of clause 67.

Mr WILLIAMS secured the adjournment of the debate.