CRIMINAL RECORDS AND CLEARANCE CHECKS TO WORK WITH CHILDREN

The Child Safety (Prohibited Persons) Act 2016 (SA) and Child Safety (Prohibited Persons) Regulations 2019 (SA) came into force on 1 July 2019. Under this legislation, it is an offence for a person to work with children in South Australia without having obtained a working with children check in the last 5 years [see Child Safety (Prohibited Persons) Act 2016 (SA) s 16]. The maximum penalty for a first or second offence is a fine of $20,000 and for a third or subsequent offence, a fine of $50,000 or imprisonment for one year.

Those who work with children and as of 1 July have not yet had a national police check screening conducted by their organisation, or a working with children check conducted by the screening unit in the last 3 years (see What if a person has already had a screening check?), and are not excluded from the requirement to have a check (see Who is excluded from the requirement to have a check?), should apply for a working with children check without delay. A person cannot legally work with children while waiting for a working with children check to be processed*, which may take up to six weeks. *A temporary exemption was made on 3 February 2022, and applies until 3 February 2023, if certain criteria can be met (see Can I work whilst my application for working with children check is pending?).

If a person is in doubt about whether they require a working with children check or whether they are otherwise prohibited from working with children (See Who is prohibited from working with children?), they should have a look at the website of the Department of Human Services Screening Unit (opens new window) or seek legal advice.

The information in this section applies from 1 July 2019.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.