South Australian Current Acts South Australian Current Acts110A—Persons not to be employed in certain residential facilities unless
assessed
(1) A person must not
be employed in a residential facility established by the Minister under
section 36 of the Family and Community Services Act 1972 unless the
person has undergone a psychological or psychometric assessment of a kind
determined by the Chief Executive for the purposes of this section.
(2) However,
subsection (1) does not apply to the employment of a person or a person
of a class, or the employment of a person in circumstances, prescribed by the
regulations for the purposes of this subsection.
(3) A person who is
employed in a residential facility in contravention of subsection (1) is
guilty of an offence.
Maximum penalty:
(a) for
a first or second offence—$20 000;
(b) for
a third or subsequent offence—$50 000 or imprisonment for 1 year.
(4) A person who
employs, or continues to employ, a person in a residential facility in
contravention of subsection (1) is guilty of an offence.
Maximum penalty:
(a) in
the case of a natural person—$50 000 or imprisonment for 1 year; or
(b) in
the case of a body corporate—$120 000.
(5) For the purposes
of this section, a reference to a person being
"employed" will be taken to include a reference to a person who—
(a) is a
self-employed person; or
(b)
carries out work under a contract for services; or
(c)
carries out work as a minister of religion or as part of the duties of a
religious or spiritual vocation; or
(d)
undertakes practical training as part of an educational or vocational course;
or
(e)
carries out work as a volunteer; or
(f)
performs unpaid community work in accordance with an order of a court,
and a reference to "employ" is to be construed accordingly.