South Australian Current Acts

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     Working with children check to be conducted even if application withdrawn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: