South Australian Current Acts

CHILD SAFETY (PROHIBITED PERSONS) ACT 2016 - NOTES

Legislative history

Notes

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
2016	49	Child Safety (Prohibited Persons) Act 2016	10.11.2016	1.7.2019 (Gazette 17.1.2019 p93)
2017	64	Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017	12.12.2017	Pt 2 (ss 5 to 17) & Pt 7 (ss 43(2) & 44)—1.7.2019 (Gazette 17.1.2019 p93) (s 43(1) deleted by 9/2019 without coming into operation)
2019	9	Statutes Amendment (Screening) Act 2019	16.5.2019	Pt 2 (ss 4 to 15)—1.7.2019 (Gazette 27.6.2019 p2322)

Provisions amended

New entries appear in bold.

Provision	How varied	Commencement
Pt 3
s 5
s 5(1)
prescribed offence	amended by 64/2017 s 43(2)	1.7.2019
s 6
s 6(1a)	inserted by 9/2019 s 4	1.7.2019
s 8
s 8(1)	amended by 64/2017 s 44(1)—(3)	1.7.2019
s 9
s 9(1)	(a) deleted by 9/2019 s 5(1)	1.7.2019
	(b) deleted by 9/2019 s 5(2)	1.7.2019
s 12
s 12(2)	amended by 9/2019 s 6	1.7.2019
Pt 5
Pt 5 Div 1
s 21
s 21(1)	amended by 9/2019 s 7	1.7.2019
Pt 5 Div 2
s 26A	inserted by 9/2019 s 8	1.7.2019
s 33A	inserted by 9/2019 s 9	1.7.2019
Pt 5 Div 3
s 34
s 34(2)	amended by 9/2019 s 10	1.7.2019
Pt 5 Div 4
s 38	amended by 9/2019 s 11	1.7.2019
s 39	substituted by 9/2019 s 12	1.7.2019
s 39A	inserted by 9/2019 s 13	1.7.2019
Pt 5 Div 5	inserted by 9/2019 s 14	1.7.2019
Pt 7
s 53
s 53(2)	amended by 9/2019 s 15	1.7.2019

Transitional etc provisions associated with Act or amendments

Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017

Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016

5—Interpretation

Unless the contrary intention appears, a term or phrase used in this Part that is defined in the Child Safety (Prohibited Persons) Act 2016 has the same meaning as in that Act.

6—Expiry of Part

This Part will expire on the day that the transitional period ends.

7—Certain applications for assessments of relevant history taken to be application for working with children check

(1) This section applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this section but not determined before such commencement.

(2) An application to which this section applies will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be an application to the central assessment unit for a working with children check under section 27 of that Act (and the application will, unless the central assessment unit determines otherwise, be taken to have satisfied the requirements set out in section 27(1) of that Act).

8—Recognition of certain assessments of relevant history as working with children checks

(1) An assessment of relevant history conducted in respect of a person within the 3 years preceding the commencement of this section will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a working with children check in respect of the person conducted under that Act.

(2) However, this section ceases to apply to an assessment of relevant history in respect of a particular person if either of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person.

(3) To avoid doubt, an assessment of relevant history referred to in subsection (1) clearing a person for child-related employment (however described) will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a determination of the central assessment unit made at the relevant time that the person is not to be prohibited from working with children.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person contemplated by subsection (1) (being a person to whom a unique identifier has not previously been issued under that Act).

8A—Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority

(1) This section applies to a person in respect of whom the responsible authority for an organisation had conducted an assessment of relevant history in accordance with regulation 6(1)(a) of the Children's Protection Regulations 2010 within the 3 years preceding the commencement of this section.

(2) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(3) However, this section ceases to apply to a person referred to in subsection (1)—

(a) if either of the following occurs:

(i) the person becomes a prohibited person;

(ii) a working with children check is conducted in relation to the person; or

(b) 12 months after the commencement of this section,

whichever occurs first.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

(5) In this section—

responsible authority for an organisation has the same meaning as in section 8B of the Children's Protection Act 1993, as in force immediately before that section is repealed.

8B—Transitional provisions—certain emergency service workers

(1) This section applies to a person who, immediately before the commencement of this section, was an emergency service worker.

(2) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the person ceases to be an emergency service worker.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

(5) In this section—

emergency service worker means—

(a) a member of—

(i) SAMFS; or

(ii) SACFS; or

(iii) SASES; or

(b) a member of the SA Ambulance Service; or

(c) a person providing ambulance services pursuant to a restricted ambulance service licence under section 58 of the Health Care Act 2008.

9—Transitional provisions—teachers

(1) This section applies to a person who, immediately before the commencement of this section—

(a) was a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004) whose registration was in force; or

(b) was the subject of a special authority to teach granted under section 30 of the Teachers Registration and Standards Act 2004 that was in force.

(2) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the person's current registration as a teacher, or the special authority to teach, (as the case requires) expires;

(d) the person's registration as a teacher, or the special authority to teach, (as the case requires) is cancelled or revoked for any reason.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

10—Transitional provisions—persons employed under Children's Services Act 1985

(1) This section applies to a person who—

(a) was, immediately before the commencement of this section, employed in a registered children's services centre under section 12 of the Children's Services Act 1985; and

(b) either—

(i) is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section; or

(ii) did both of the following:

(A) obtained a criminal history report in the 3 years immediately preceding the commencement of this section;

(B) provided a copy of the report to the employing authority under the Children's Services Act 1985.

(2) However, this section ceases to apply to a person referred to in subsection (1) if either of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

11—Transitional provisions—health practitioners

(1) This section applies to a person who, immediately before the commencement of this section, was a registered health practitioner.

(2) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the person's registration as a registered health practitioner expires or is cancelled or revoked for any reason.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

(5) In this section—

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia).

12—Transitional provisions—foster parents

(1) This section applies to a person who—

(a) was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972; and

(b) is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.

(2) To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 42 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.

(3) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the current period of the person's approval as an approved carer (as continued under section 27 of this Act) expires;

(d) the person's approval as an approved carer (as continued under section 27 of this Act) is cancelled or revoked for any reason.

(4) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(5) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

13—Transitional provisions—licensed foster care agencies

(1) This section applies to a person who—

(a) was, immediately before the commencement of this section, licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; and

(b) is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.

(2) To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 48 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.

(3) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the current period of the person's licence as a foster care agency (as continued under section 28 of this Act) expires;

(d) the person's licence as a foster care agency (as continued under section 28 of this Act) is cancelled for any reason.

(4) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(5) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

14—Transitional provisions—licensed children's residential facilities

(1) This section applies to a person who—

(a) was, immediately before the commencement of this section, the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; and

(b) is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.

(2) To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was suitable to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.

(3) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the current period of the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) expires;

(d) the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) is cancelled for any reason.

(4) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(5) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

15—Transitional provisions—employees in training centres etc

(1) This section applies to a person who—

(a) was, immediately before the commencement of this section, employed in—

(i) a training centre established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; or

(ii) a correctional institution (within the meaning of the Correctional Services Act 1982) in which children or young people are detained; and

(b) is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.

(2) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

16—Transitional provisions—passenger transport services

(1) This section applies to the following persons:

(a) a person who was, immediately before the commencement of this section, the holder of a current accreditation for a passenger transport service operated by the person granted under section 27 of the Passenger Transport Act 1994;

(b) a person who was, immediately before the commencement of this section, the holder of a current accreditation for a driver of a public passenger vehicle granted under section 28 of the Passenger Transport Act 1994;

(c) a person who was, immediately before the commencement of this section, the holder of a current accreditation for an operator of a centralised booking service granted under section 29 of the Passenger Transport Act 1994.

(2) However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:

(a) the person becomes a prohibited person;

(b) a working with children check is conducted in relation to the person;

(c) the person's accreditation expires or is revoked for any reason.

(3) The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:

(a) section 16;

(b) section 17;

(c) section 18.

(4) The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).

17—Evidentiary provision

(1) In any proceedings under the Child Safety (Prohibited Persons) Act 2016, a document issued by an authorised screening unit and purporting to be a child-related employment screening letter or a child-related employment screening-cleared letter, or a certificate issued by the authorised screening unit in accordance with regulation 8A of the Children's Protection Regulations 2010, and stating that an assessment of relevant history had been conducted in relation to a specified person on a specified date will, in the absence of evidence to the contrary, be taken to be proof of the matters so stated.

(2) In proceedings for an offence against the Child Safety (Prohibited Persons) Act 2016, an allegation in an information that an assessment of relevant history relating to a specified person had, or had not, been conducted on a specified day or within a specified period must be accepted as proved in the absence of evidence to the contrary.