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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-11-11 Daily Xml
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Child Sex Offenders Registration (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 29 October 2025.)

The Hon. C. BONAROS (17:29): I rise very briefly to speak in support of the Child Sex Offenders Registration (Miscellaneous) Amendment Bill 2025, the effect of which we know is to give effect to the government's election commitment to implement a three-tiered public child sex offenders register based on the Western Australian model. I understand that the model that we have adopted here only deviates from the Western Australian model in a couple of ways.

I will not speak to this at too much length, but there are a couple of issues that I did raise with the government when I was briefed on this bill. I think the Deputy Premier may be in a position now to provide some further advice in relation to dating apps that target women with children and how they may or may not be captured by the scope of this piece of legislation. I think we also spoke about and established—and I would just like some clarification—how, to use an example, games like Roblox, which we know are breeding grounds for predators in many respects who choose to use them for all the wrong purposes, would fall within the scope of this legislation.

In effect, what we do know is we have created or given effect to this three-tiered public child sex offenders register. There are some clarifying amendments, which as I understand were addressed after input from SAPOL during the course of the development of the public register. They relate to the locality search of the register itself and the eligibility for inclusion in tier 1 of registrable offences and tier 2. We have a breakdown of those. I do not intend to go through the classes and the tiers at the moment, but I would like some clarity in relation to those particular points that I have raised.

I indicate that, notwithstanding those questions, it is my intention to support this bill. I will also ask the Attorney just to clarify whether the observations made by the Law Society—as I understand it, there were some that were not adopted by the government on the basis that they fell outside the WA model. I think it was section 50 in particular; I am going off the top of my head here.

The Hon. K.J. Maher: Section 50.

The Hon. C. BONAROS: Section 50. I think we have dealt with that. I think effectively what we are talking about are the Romeo and Juliet clauses that we usually refer to, for want of a better term, where the age of the offenders may have indeed been under 18 and then switched to over 18 at the time of the offending, and what effect this would have on those cases where you have a 15 year old in a relationship with a 17 year old who becomes an 18 year old. This is what we have dubbed in previous legislation 'the Romeo and Juliet clauses'. The society queried whether or not this is captured and, indeed, if that was the intention of the government or not. With those very brief and convoluted remarks, I look forward to some responses by the Attorney, because I think he knows exactly what I am talking about.

The Hon. J.S. LEE (17:34): I rise today to speak in support of the Child Sex Offenders Registration (Miscellaneous) Amendment Bill 2025, a bill that strengthens our collective responsibility to protect the most vulnerable members of our community: our children. The offence of sexual abuse of a child under section 50 of the Criminal Law Consolidation Act is among the most serious crimes on our statute books. Unfortunately, it is not a single moment of harm—it is a pattern of abuse, not immediately obvious, often deceptive and involving manipulation, often sustained over weeks or months, involving multiple unlawful sexual acts. The maximum penalty for this offence is life imprisonment, and this punishment is fit for such an insidious crime.

This bill recognises the gravity of such offending and shows that even a single conviction under section 50 triggers lifetime reporting obligations to protect and safeguard our communities and, more importantly, our children. This change reflects a reality that a conviction under section 50 already confirms repeated abuse. It is our duty to ensure that offenders who have committed such crimes remain subject to ongoing monitoring and accountability.

I also support the bill's clarification on tier 2 eligibility within the public register. By confirming that a further offence, whether committed before or after the commencement of a register, qualifies an offender for locality-based disclosure, we strengthen the register's utility for both SAPOL and the public. I acknowledge that with stronger laws come greater responsibilities. I am always mindful of the balance between protection and fairness.

I welcome the bill's risk mitigation measures, which reflect thoughtful consultation with SAPOL. These include: streamlining reporting obligations for offenders exiting custody, reducing unnecessary administrative burden; allowing the commissioner to specify offender reporting times, improving operational efficiency; and expanding the list of personal details to include social media accounts, ensuring SAPOL can monitor online activity and prevent prohibited contact with children.

The bill also addresses a critical gap in our digital enforcement regime. By increasing the penalty of failing to provide access to electronic devices from two years' imprisonment to a $25,000 fine or five years' imprisonment, we close a loophole that offenders have exploited to conceal child exploitation material. This amendment sends a clear message: digital noncompliance will not be tolerated.

I would also like to acknowledge that concerns have been raised by advocacy groups, including the Aboriginal Legal Rights Movement. These concerns must be taken seriously. Implementation must be culturally sensitive and equitable, with concerns about automatic penalties and the erosion of judicial discretion. We must ensure that protective legislation does not inadvertently deepen disadvantage or lower trust in our justice system.

The core purpose of this bill is clear: to protect children from repeat and high-risk offenders. It is a targeted, evidence-based response to serious harm. It strengthens our laws, supports our police and prioritises the safety of our communities. With the reasons I have outlined above, I support the bill and commend it to the chamber.

The Hon. R.P. WORTLEY (17:39): I stand to speak to the Child Sex Offenders Registration (Miscellaneous) Amendment Bill 2025, which makes amendments to the Child Sex Offenders Registration Act. The bill consists of two main parts: one, a clarifying amendment to the operation of the Public Child Sex Offender Register before it commences; and, two, a series of other miscellaneous amendments to the Child Sex Offenders Registration Act to improve the operation of the Child Sex Offenders Scheme, separate to the new public register.

The clarification amendment to how the public register should operate has been made in consultation with SAPOL, and the miscellaneous amendments have all been suggested by SAPOL. The clarifying amendment to the operation of the public register is in relation to the intended operation of tier 2 of the public register—the locality search of dangerous offenders in someone's local domestic area.

To be eligible for inclusion in tier 2, a registrable offender must have committed a further class 1 or 2 offence after becoming a registrable offender. This amendment clarifies that it is not relevant whether the further offence was committed before or after the commencement of the amendment act. The act was previously silent on this, as is the WA equivalent act that facilitates their register. The government wants to put beyond doubt that a person who has committed a further class 1 or class 2 offence before the commencement of the register legislation should still be classed as a dangerous offender for these purposes.

The miscellaneous amendments to the Child Sex Offenders Registration Act amend sections 4 and 34 to include a single conviction for an offence of 'sexual abuse of a child' (section 50 of the CLCA) within the definition of 'repeat registrable offender', meaning that an offender convicted of a section 50 offence will be required to comply with lifelong reporting requirements. They may also be subject to the additional requirements that can be placed on serious registrable offenders, such as electronic monitoring. This single offence should categorise someone as a 'repeat registrable offender', as the elements of the 'sexual abuse of a child' offence include two or more unlawful sexual acts committed against a child over any time period—essentially repeat offending within one offence.

An amendment to section 4 of the CSOR Act to define the term 'separate occasion' is to aid in the interpretation of when offences are considered to have occurred on separate occasions for the purpose of various operations under the CSOR scheme.

An amendment to the section heading of section 13 to remove the word 'initial' from the heading 'Initial report by registrable offender of personal details' is a minor technical amendment to keep the heading consistent with the body of the section, as section 13 also contains requirements for ongoing reporting. An amendment to section 13 provides for the inclusion of social media handles in the list of personal details that registrable offenders need to provide to the police in their initial report.

An amendment to section 16 is to provide that offenders exiting custody only need to provide SAPOL with any changes to personal details (rather than a whole new initial report) if they have provided new personal details within the last six months. This amendment will assist in avoiding unnecessary administrative work on the part of SAPOL and allow them to redirect their resources to other things such as monitoring compliance of offenders.

An amendment to section 21 is to allow the Commissioner of Police to specify that any offender reporting under the CSOR Act must report within a particular time period, such as 'during business hours', in order to assist with staff scheduling at police stations. Only certain officers are trained to receive and process these reports, so SAPOL want to be able to ensure that those officers are stationed appropriately.

An amendment to section 66M is to increase the penalty for failing to provide passwords, codes or information to assist police to gain access to data stored on a computer or other device. The penalty goes from two years' imprisonment to $25,000 or five years' imprisonment.

An amendment to schedule 2 allows for the disclosure of information to law enforcement or prosecution authorities for the purposes of investigating or prosecuting offences under the CSOR Act. Currently, disclosure is permitted to investigate registerable offences, but not the offence within the CSOR Act itself, such as breaching reporting obligations.

There is an amendment to include the offence of indecent filming where a victim was under 17 years of age as a class 2 offence. This recategorisation would, for example, mean that it would be a relevant offence to classify a person as a registerable child sex offender if they are imprisoned for that offence.

Finally, an amendment will clarify that an order to suspend lifetime reporting requirements under section 38 will cease to operate if the registerable offender is charged with a class 1 or class 2 offence. This is to ensure that there is no gap in reporting requirements once there is sufficient evidence of further offending behaviour such that police have decided to lay charges against a registerable offender. This is already the case for those convicted with a class 1 or 2 offence (just not charged).

The Hon. S.L. GAME (17:45): I rise to offer my support for the government's Child Sex Offenders Registration (Miscellaneous) Amendment Bill 2025. This bill includes proposals to amend and improve the operation of the upcoming public register of child sex offenders. The amendments will improve the capacity of South Australian police to effectively protect our children by ensuring that child sex offenders are registered and compliant with the requirements of the act.

Many of these amendments are in response to advice from SAPOL regarding the need to capture and monitor child sex offenders in our community. The amendment to section 4 will ensure that offenders convicted under section 50 of the Criminal Law Consolidation Act will fall within the definition of a 'repeat registerable offender'. These offenders are guilty of some of the most horrendous crimes against children, and it is essential that such offending should be included in the register to ensure that these offenders will be subjected to lifetime reporting requirements, and may also be required to comply with electronic monitoring.

Another important amendment is section 13, which will require registerable offenders to provide their social media handles to police. This will enable SAPOL to monitor the offender's social media activity and ensure there is no prohibited contact with children.

There is also a proposed increase in the penalty for such offenders who fail to provide passwords, codes or information that will enable police to access data stored on their devices. The increase from two years' imprisonment to $25,000 or five years' imprisonment is intended to deter offenders from choosing to refuse access on the basis that such offending has a much lower penalty than the penalty for possessing child exploitation material.

Additionally, this proposal seeks to classify the indecent filming of children as an offence that requires registration under the act. All of these amendments are appropriate and worthy of support as SAPOL and the South Australian community work together to keep our children safe from harm.

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:47): This bill makes a series of amendments to strengthen our child sex offender laws, and that is something that should never be approached lightly, or politically. When it comes to protecting children, there is no room for leniency, and no tolerance for those who prey upon them. The community expects that those who commit these crimes are properly monitored—for life, if necessary—and that our laws keep pace with how these offenders operate, including online.

Practically, this bill does several important things. It ensures that anyone convicted of sexually abusing a child under section 50 of the Criminal Law Consolidation Act is automatically deemed a 'serious registerable offender', meaning lifelong reporting obligations will apply from their first conviction. It also allows the Commissioner of Police to publish the details of offenders on the public register, even for offending that occurred before the register was established.

Offenders will now be required to provide details of their social media accounts to police to prevent them from hiding online activity. The bill also gives SAPOL more flexibility to direct offenders when and where to report, and increases penalties for those who refuse to hand over passwords or access to their devices, lifting the maximum sentence from two years to five years. Importantly, if an offender who has been granted a reporting exemption is later charged with another serious sex offence, that exemption will automatically expire.

The bill also adds indecent filming of a child as a class 2 offence and expands the ability for police and law enforcement agencies to share critical information to keep the public safe. These are practical, sensible measures. It is not about punishment for punishment's sake, but about public safety and deterrence. We must remember who this law is for: it is not for the offenders, it is for the children who have already been hurt and those we have a duty to protect from ever being harmed again. For that reason, the Liberal opposition wholeheartedly supports this bill.

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (17:50): I thank the honourable members who have made contributions in relation to this important bill that is designed to keep children safer. The Hon. Connie Bonaros had a number of questions during her second reading contribution, which I will attempt to answer in the second reading speech, hopefully to expedite the committee stage of this important bill.

The Hon. Connie Bonaros asked, 'Are dating apps covered by the social media account, as defined?' My advice is, while dating apps most likely would not be covered by the term 'social media account', the existing terms of section 13(1)(p) would likely be sufficient to require offenders to provide details of dating app accounts. I am informed SAPOL has already successfully pursued registrable sexual offenders for a failure to disclose the use of dating apps.

The Hon. Connie Bonaros asked about what is often known in legislation that deals with child sex offending as Romeo and Juliet clauses, where people are perhaps both underage, such as a 15 and 17 year old. Whilst the sex offender registration and provisions do not have specific Romeo and Juliet-type defences or exemptions from the register, in consideration of whether you essentially get onto the register because of the offences you have committed is where those considerations would come into account. So you have to be on the register and it is in the prosecution of those offences whether those types of Romeo and Juliet exceptions or defences would apply. So you would not get onto the register if they were able to be used in the first place.

I think some of the other questions related to what is a tier 2 of the public register. The tier 2 is a local search that provides a photograph of registrable offenders in an applicant's locality, with no names or addresses provided to applicants, and registrable offenders who have committed a further class 1 or 2 offence are eligible to be included in the scope of the tier 2 offence.

I think there was something raised about concerns that some of the consultees had in relation to stakeholders expressing concerns about the inclusion of a single conviction for an offence against section 50 of the Criminal Law Consolidation Act within the scope of repeat registrable offender. The reasoning that it can be a single offence is that section 50 requires the offender to be engaged in at least two unlawful sexual acts with a child over a period of time—so the one sentencing for the offence. That particular offence requires two of those sexual acts of offending against the child to make the offence. That is why it is included in there. I hope that provides some clarity on questions that were raised. With that, I commend the bill to the chamber.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. R.A. SIMMS: Can the minister advise what measures are in place to ensure that the information is not disclosed for a malicious purpose and, in particular, what safeguards are in place to ensure that it does not promote vigilantism or panic within the community?

The Hon. K.J. MAHER: I thank the honourable member for his question; it is a reasonable one to ask and certainly one that, when we developed this, I was interested in knowing. Many of these things are based on what already operates in Western Australia and I am advised there has not been vigilantism. It is not in this amendment bill, but in the original bill it provides for an offence for that type of behaviour.

Clause passed.

Remaining clauses (2 to 14) and title passed.

Bill reported without amendment.

Third Reading

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (17:56): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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