Legislation

South Australia introduces nation’s toughest laws to protect children from sexual offenders

Fiona Alston

Apr 29, 2025

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Under the reforms, serious child sex offenders who reoffend after serving a prison term will face indefinite detention, with no release unless they can demonstrate to the courts that they are no longer a threat to the community.

If released on licence, offenders will be subject to lifetime electronic monitoring.

The changes, introduced by the Malinauskas Government, are designed to provide stronger safeguards for children and the broader community. Key elements of the reforms include:

Indefinite detention for serious repeat child sex offenders unless they can prove their risk is mitigated
Lifetime electronic monitoring for those who are eventually released
Increased maximum penalties for a range of child sexual abuse offences, including raising the penalty for gross indecency with or in the presence of a child from five to 15 years
Prohibitions preventing child sex offenders from working alongside underage employees in industries such as hospitality and retail
Strengthened penalties under Carly’s Law for those who attempt to groom fictitious children in online police operations.

South Australian Attorney-General Kyam Maher said the measures reflected the government's commitment to ensuring serious repeat offenders are not given the opportunity to reoffend.

“We now have the nation’s toughest laws against child sex offenders – laws that will see repeat offenders locked away for the rest of their natural lives,” Mr Maher said.

“We have an obligation to protect the children of today and into the future.”

For early childhood education and care services, strong community protections complement existing obligations under the National Quality Framework, including Quality Area 2, which focuses on ensuring children's health, safety and wellbeing. Legislative measures such as these support the broader safeguarding environment in which ECEC services operate.

ECEC leaders and educators are encouraged to remain vigilant about sector responsibilities regarding Working with Children Checks, robust supervision policies, and proactive risk identification within their services.

The reforms form part of a broader package of measures introduced by the South Australian Government to strengthen protections for children and support safer communities across the state.Reform updates and information available here

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