South Australia has just introduced a service that allows members of the community to apply for limited access to certain information and images held by South Australia Police (SAPOL) about registrable child sex offenders.
This is not a public database where anyone can freely search for details. It is a controlled, application-based scheme designed for child-safety purposes, with limits on what can be provided and how it can be used.
- Public reporting about the introduction of the scheme can be found here.
- The relevant SAPOL portal can be found here.
In the following post we will explain how the register works, what each application type is for, what you may need to provide, what decision-makers consider at a high level, and why misuse may create serious legal consequences.
What Is This New Service From SAPOL?
What it is:
- A SAPOL-run service that lets eligible people apply for specific, limited information for child-safety purposes.
- A system where each request is assessed and any access is limited to information relevant to the request.
What it is not:
- It is not unrestricted public access to a full register.
- It is not a tool to check any suburb out of curiosity or general interest.
- It is not a platform for publishing or distributing information about offenders.
The model has been created on a methodology around improving child safety while reducing the risk of vigilante behaviour.
The Three Application Types
Public explanations of the South Australian scheme describe three tiers of information that may be available depending on your circumstances.
1. Wanted Child Sex Offenders
This tier relates to publishing photographs and selected personal details of registrable offenders who have allegedly breached their reporting obligations and whose whereabouts are unknown to SAPOL.
The purpose is community awareness and assistance in locating individuals who are not complying with reporting requirements.
Important points:
- This is not a list of all registrable offenders.
- It applies to offenders who are allegedly non-compliant and whose location is unknown.
- The intention is public safety and assisting police.
If you recognise someone listed, you should not approach them directly. SAPOL advises to contact them directly by calling 131 444.
2. Local Search
This tier allows South Australian residents to apply to access photographs of serious child sex offenders recorded as living in their town or suburb at the time of application.
It is NOT an open search tool – rather an application process. You can only apply for information about your own residential area. Proof of residence is required by way of a drivers license or an associated document like a rates notice.
Key points:
- You must have a South Australian residential address.
- Identity verification is required.
- Information provided is limited and controlled.
- The system is designed to prevent broad public access.
The scheme includes restrictions on use and penalties for misuse. All information is provided confidentially, and failing to adhere to the rules (pursuant to s66J and s67 of the Act) a person can face jail time.
The scheme also looks to heavily penalise those who use such information to promote or increase animosity towards a person who’s been identified as an identified offender. The penalties range up to 10 years imprisonment (s66I of the Act).
3. Disclosure Request
This tier enables parents or legal guardians to apply to find out whether a specified person who has had unsupervised contact with their child is a registrable offender.
Disclosure is limited to what is relevant to the application.
Public explanations of the scheme describe unsupervised contact as spending more than three days in a twelve-month period alone with the child.
The examples provided may include:
- A babysitter
- A coach
- A family friend
- A partner
- Any adult who regularly spends time alone with a child
The key issue is recurring unsupervised access, not a single incidental interaction.
According to the documentation, not every request will result in information being disclosed.
The Commissioner’s Role and Discretion
An important feature of the legislation is that the Commissioner of Police will have a discretionary role.
This means:
- Applications are assessed case by case.
- Disclosure is not automatic.
- Information provided is limited to what is considered appropriate.
- The Commissioner is not required to publish or provide information in every instance.
The legislation includes provisions restricting publication where disclosure could identify victims or children in care, and limits delegation of these powers.
Section 66G of the Act outlines information the Commissioner may take into account in making its determination.
What You May Need to Provide for Access to the Child Sex Offender Register
Although requirements can vary depending on the type of application, applicants should expect to provide:
- Proof of identity
- Proof of South Australian residential address
- Details of the child, where relevant
- Details of the person of concern
- Information about the nature and frequency of unsupervised contact
- Evidence of parental or guardian status
In some cases, legislation refers to applications being accompanied by a prescribed fee, depending on regulations in force at the time.
Applicants should review current portal requirements before applying.
Processing and Response To an Application
Processing times may vary depending on:
- The type of application
- The complexity of the request
- Verification requirements
Information provided, if any, will be limited to what is relevant to the specific child-safety purpose of the application.
Offenders are not notified of who has made an application.
Strict Limits on Sharing Information
One of the most important aspects of this scheme is that information provided must not be shared, published, posted online, or distributed to others.
Misuse of the information can attract prison sentences.
This means:
- Do not post the information on social media.
- Do not circulate it in community groups.
- Do not distribute it publicly.
Even if someone believes they are acting with good intentions, unauthorised distribution may constitute a criminal offence.
Police Powers and Compliance
The legislation also strengthens police powers relating to registrable offenders including the ability to photograph registrable offenders and imposing penalties for non-compliance.
The South Australian model appears to attempt to balance:
- Community access to information for child-safety purposes
- Protection of victims
- Prevention of harassment or vigilante behaviour
- Controlled, discretionary disclosure
It is not a general public naming system, rather an application-based process with safeguards.
In Summary
- The Child Sex Offenders Registration (Public Register) Amendment Act 2024 amended the Child Sex Offenders Registration Act 2006 to introduce these public-access mechanisms in a controlled way.
- Anyone seeking to use the service should carefully review eligibility requirements, understand the limits on use, and ensure compliance with the law.
- If a child is in immediate danger, call Triple Zero (000).
- If you have information about a wanted offender, contact SAPOL on 131 444 or report anonymously through Crime Stoppers.
- Get legal advice in relation to these types of offences
- This article is general information only and does not constitute legal advice.