CHILD SAFETY (PROHIBITED PERSONS) ACT 2016

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 2 Commencement

PART 2--Objects, principles and guidelines

• 3 Object and principles
• 4 Guidelines

PART 3--Interpretation and provisions relating to application of Act

• 5 Interpretation
• 6 Meaning of child-related work and work with children
• 7 Meaning of employed, employee and employer
• 8 Meaning of assessable information
• 9 Meaning of excluded person
• 10 Criminal intelligence
• 11 Procedural fairness
• 12 Interaction with other Acts and laws
• 13 Act to bind, and impose criminal liability on, the Crown
• 14 Exemptions

PART 4--Restrictions on working with children

Division 1--Persons who cannot work with children

• 15 Prohibited persons not to work with children
• 16 Working with children without current working with children check prohibited

Division 2--Steps employers must take in relation to employing person

• 17 Steps employers must take before employing person in prescribed position
• 18 Employer to ensure working with children check conducted at least every 5 years
• 19 Employer to advise central assessment unit of certain information

PART 5--Working with children checks

Division 1--Central assessment unit

• 20 Central assessment unit
• 21 Functions
• 22 Registrar
• 23 Powers of delegation
• 24 Evaluation of central assessment unit

Division 2--Working with children checks

• 25 Working with children checks to be conducted by central assessment unit
• 26 Nature of working with children check
• 26A Certain persons presumed to pose unacceptable risk to children
• 27 Application for working with children check
• 28 Working with children check to be conducted even if application withdrawn
• 29 Unique identifiers
• 30 Central assessment unit may conduct additional working with children checks
• 31 Central assessment unit may seek external advice
• 32 Issue of prohibition notice
• 33 Revocation of prohibition notice
• 33A Fee payable where volunteer undertakes paid employment

Division 3--Records management system

• 34 Records management system
• 35 Inspection of records management system

Division 4--Information gathering powers etc

• 36 Registrar may require information from public sector agencies
• 37 Registrar may require information from other persons
• 38 Court to provide notice of certain findings of guilt to central assessment unit
• 39 Commissioner of Police to provide information to central assessment unit on charging of certain persons
• 39A Reporting bodies to notify central assessment unit etc
• 40 Certain persons to advise central assessment unit of changes in information
• 41 Central assessment unit to advise employer of certain information
• 42 Central assessment unit to advise prescribed persons and bodies of certain information

Division 5--Information sharing

• 42A Central assessment unit may disclose etc information to other jurisdictions
• 42B Access to police information
• 42C Disclosure of information about offences
• 42D Disclosure of information to prevent harm
• 42E Disclosure of information for research etc purposes
• 42F Provision of other information to central assessment unit
• 42G Information sharing for national register or database

PART 6--Review of decisions by South Australian Civil and Administrative Tribunal

• 43 Review of decisions by South Australian Civil and Administrative Tribunal

PART 7--Miscellaneous

• 44 Parents etc may require person to provide unique identifier
• 45 Misrepresentations relating to working with children check
• 46 False or misleading statements
• 47 No obligation to maintain secrecy
• 48 Limitation of liability
• 49 Confidentiality
• 50 Victimisation
• 51 Service
• 52 Evidentiary provision
• 53 Regulations
Legislative history The Parliament of South Australia enacts as follows: