South Australian Consolidated Acts South Australian Consolidated Acts8B—Powers and obligations of responsible authority in respect of
criminal history
(1) The
responsible authority for an organisation to which this section applies must
ensure—
(a)
that, as soon as reasonably practicable following the commencement of this
section, a report on the criminal history (if any) of each person occupying or
acting in a prescribed position (whether as an employee, volunteer, agent,
contractor or subcontractor) in an organisation for which the authority is
responsible on that commencement is obtained from the Commissioner of Police
or some other prescribed source; and
(b)
that, before a person is appointed to, or engaged to act in, a
prescribed position (whether as an employee, volunteer, agent, contractor or
subcontractor) in an organisation for which the authority is responsible, a
report on the person's criminal history (if any) is obtained from the
Commissioner of Police or some other prescribed source.
(2) The
responsible authority for an organisation to which this section applies may,
at any time, as the authority thinks necessary or desirable for the purpose of
establishing or maintaining child safe environments, obtain a report from the
Commissioner of Police or some other prescribed source on the criminal history
(if any) of any person who—
(a)
occupies or acts in a prescribed position (whether as an employee, volunteer,
agent, contractor or subcontractor) in an organisation for which the authority
is responsible; or
(b)
carries out, or is to carry out, as an indirect service provider,
prescribed functions for an organisation for which the authority is
responsible.
(3) The
responsible authority must ensure that information about the criminal history
contained in reports obtained under this section is dealt with in accordance
with the relevant standards.
(4) If a person comes
into possession, in the course of relevant employment, of information about
the criminal history of another, the person must not disclose the information
except as may be required by or authorised under law.
Maximum penalty: $10 000.
(5) The
Chief Executive may, at the request of the responsible authority for a
non-government organisation to which this section applies, exercise powers of
the responsible authority under this section if satisfied that—
(a) the
responsible authority has sought, but failed to obtain, the cooperation of a
person on whose criminal history (if any) the responsible authority is
required or authorised to obtain a report; or
(b)
there is some other good reason for doing so.
(6) This section
applies to—
(a)
government organisations; and
(b)
non-government organisations to which its operation is extended by regulation.
(7) The regulations
may, however, exempt organisations, persons and positions, or particular
classes of organisations, persons and positions, from the application of this
section.
(8) In this
section—
"employment" includes the performance of functions as a
contractor or subcontractor, or as a volunteer; and "employer" includes an
organisation or person for whom the functions are performed;
"government organisation" means a government department, agency or
instrumentality;
"indirect service provider"—a person carries out functions for an
organisation as an indirect service provider if the person carries out the
functions for some other body or person which, in turn, makes the person's
services available to the organisation;
"managing authority" of a non-government organisation, means the board,
committee or other body or person in which the management of the organisation
is vested;
"non-government organisation" means an organisation that is not a
government organisation and includes a local government organisation;
"organisation to which this section applies"—see subsection (6);
"prescribed functions" means—
(a)
regular contact with children or working in close proximity to children on a
regular basis; or
(b)
supervision or management of persons in positions requiring or involving
regular contact with children or working in close proximity to children on a
regular basis; or
(c)
access to records relating to children; or
(d)
functions of a type prescribed by regulation;
"prescribed position" means a position in an organisation to
which this section applies that requires or involves prescribed functions;
"relevant employment" means employment by—
(a) a
responsible authority; or
(b) an
organisation that prepares a criminal history report for a
responsible authority; or
(c) an
organisation to which a responsible authority communicates information
contained in a criminal history report;
"responsible authority" means—
(a) for
a government organisation—the Chief Executive; or
(b) for
a non-government organisation to which this section applies—
(i)
the managing authority of the organisation; or
(ii)
if the managing authority has delegated its
responsibilities under this section to a body approved by regulation for the
purposes of this definition—that body.