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Paedophile restraining orders

The Magistrates Court may, if satisfied that it is appropriate in the circumstances, make a paedophile restraining order in respect of a person who:

  • is required to comply with reporting obligations under Part 3 of the Child Sex Offenders Registration Act 2006 (SA), or
  • has been found loitering near children or using the internet to communicate with children (other than children they have good reason to communicate with) on at least 2 occasions, where there is reason to think they will do so again.

[See Criminal Procedure Act 1921 (SA) s 99AA(1) and Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 11.]

In considering whether to make an order, the Court will consider a number of factors including [s 99AA(3)]:

  • whether the person's behaviour caused fear in a child
  • the likelihood of the person committing a sexual offence against a child
  • any prior criminal record of the person
  • any apparent pattern in the person's behaviour or internet use.

A paedophile restraining order may stop a person [s 99AA(2)]:

  • loitering near children or areas that children are likely to frequent
  • using the internet (completely or in a particular manner)
  • owning, possessing or using a computer or device that can access the internet.

It is an offence to contravene a paedophile restraining order, with a maximum penalty of imprisonment for 2 years [s 99I].

Police have special search and seize powers in respect of a person who is subject to a paedophile restraining order with a condition that relates to internet use [see s 99AAB]. If police wish to search such a person's computer or other device, it may be an offence to refuse to give them the password or code [s 99AAB(2)].

A police officer, the person for whose benefit the order was made, or the person subject to the order may apply to the Magistrates Court to have a paedophile restraining order varied or revoked [s 99F]. The person subject to the order may only apply with the Court's permission and must show that there has been a substantial change in circumstances since the order was made [s 99F(1a)].

See also Registration of child sex offenders.

Paedophile restraining orders  :  Last Revised: Mon Jul 6th 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.