Concerned parents could soon be able to access information about serious child sex offenders living in their area under proposed new laws to be introduced to South Australia’s parliament this week.
The legislation would also give SA Police boosted powers to “keep tabs” on convicted predators who may be at risk of further offending, the government said.
Currently, members of the public cannot apply to see if there is a registered child sex offender living in their area in SA.
Here’s how the changes would work.
What information would be published?
Police Commissioner Grant Stevens would be able to make the identities — including names and photographs — of convicted child sex offenders publicly available.
Upon filing an application, concerned citizens would be able to access “three tiers” of information:
- Police would have the power to publish the photograph and name of any registered child sex offender “who isn’t meeting their reporting obligations or whose whereabouts have become unknown”
- Any member of the public would be able to make an application to the police commissioner to see if there are any high-risk offenders living in their town or suburb
- Parents or guardians would be able to make an application to see if any person who has “unsupervised contact” with their child has a history of child sex offences
The government said the system would be operated by SA Police and made available online through its “digital police station” initiative, which was announced in the 2024-25 state budget.
What counts as ‘unsupervised contact’?
South Australia’s Attorney-General Kyam Maher said, to count as “unsupervised contact”, the person in question would have to spend “more than three days in any given 12 months” with a child.
“It could be a scout group leader, it could be someone from a church, it could be a sporting coach who takes someone away to tournaments — anyone who has unsupervised access for more than three days a year to that child,” Mr Maher said.
Mr Maher said it would be up to the police commissioner to work through exactly what evidence would be required from someone lodging an application, which could include proof that an individual was actually looking after their child.
“The police commissioner will be in the best-placed position with the resources they have to assess those applications and to provide that information to the person concerned,” he said.
“But that third-tier has protections so that a person can’t pass that information along further as well.”
Background to the laws
In 2018, the prospective release of notorious paedophile Colin Humphrys sparked community backlash when it was revealed he could be moved into the Bowden-Brompton area in Adelaide’s inner north.
That decision was made despite the recommendation of the parole board which found he was at high risk of reoffending.
His release was later cancelled, but not before then-attorney-general Vickie Chapman indicated a potential review of “the legislative options”.
Across Australia, at both state and national level, steps have previously been taken to devise or at least consider public registers for child sex offenders.
SA Premier Peter Malinauskas said his state’s new laws had been modelled on those in Western Australia, which established its own operating database back in 2012.
“This is a big leap forward — an additional layer of protection and transparency in the community — done in a safe way,” he said.
In WA, residents can enter their name and drivers licence details to request information about registered sex offenders living in their area.
Similarly, SA’s proposal would enable parents to submit an inquiry if they suspected a person in contact with their child was a reportable sex offender.
‘That is our duty’
Prior to WA introducing its system, police and legal experts raised concerns that public registration was counter-rehabilitative and could increase the risk of reoffending.
Mr Malinauskas said the main objective was to keep children safe.
“I don’t think there’s a parent in the state that doesn’t have the concern that they may live next door to a child sex offender and not know it, or that they may have someone who is in the care of the child who’s a child sex offender and not know it,” he said.
“There will be elements of this proposition that are controversial, there are elements of it that will be opposed.
“But be under no misapprehension — when this government is given a choice between protecting the interests of children over and above protecting the interests of a child sex offender, we’re looking after the kids because that is our duty, that is our responsibility.”
Child protection groups and criminologists have also previously raised concerns, saying public registers could lead to increased burdens on police as a result of vigilantism in which offenders were targeted.
Mr Malinauskas said that type of behaviour would not be tolerated.
“Naturally the government has had to think through the crafting of this legislation very carefully because what the legislation does not want to see is any acts of vigilantism within the community,” he said.
“We are replicating [the WA] model in such a way that doesn’t actually undermine community safety. This is only about enhancing community safety.”
The proposed legislation is set to be introduced to state parliament on Thursday.
The move is part of a raft of recent state government amendments to child sex offence laws currently going through parliament. The proposed changes include repeat child sex offenders facing indefinite imprisonment and lifetime electronic monitoring.