South Australian Current Acts South Australian Current Acts (1) The Chief
Executive must, if the Chief Executive becomes aware that a child or young
person is residing, or is about to reside, with a person (not being a parent
of the child or young person) who has been found guilty of a qualifying
offence
(the "offender"), issue a notice under this section (a
"restraining notice") to the offender, unless the Chief Executive is of the
opinion that it is inappropriate to do so in the circumstances.
(2) A restraining
notice may prohibit the offender from doing 1 or more of the following:
(a)
residing in the same premises as the child or young person;
(b)
coming within a specified distance of the residence of the child or
young person;
(c)
having any contact with the child or young person (except in the presence of a
specified person or class of person);
(d)
having any contact at all with the child or young person,
during the restraining notice period.
(3)
Subsection (2) applies subject to an order of the Court under this Act to
the contrary.
(4) A restraining
notice issued in relation to an offender—
(a) must
be served on the offender as soon as practicable after it has been issued; and
(b) must
be lodged with the Court in accordance with the rules of the Court (and may be
so lodged whether or not it has been served in accordance with
paragraph (a)).
(5) A person who
contravenes or fails to comply with a restraining notice is guilty of an
offence.
Maximum penalty: Imprisonment for 2 years.
(6) A person does not
commit an offence against subsection (5) in respect of an act or omission
unless the person knew that the act or omission constituted a contravention
of, or failure to comply with, the notice or was reckless as to that fact.
(7) For the purposes
of this section, a newborn child who has not yet been discharged from hospital
will be taken to be residing with a person if the child is likely to reside
with the person on being discharged.