South Australian Current Acts South Australian Current Acts26—Nature of working with children check
(1) A working with
children check in respect of a person consists of the central assessment unit
assessing assessable information relating to a person against the prescribed
risk assessment criteria to determine whether or not the person poses an
unacceptable risk to children.
(2) Nothing in
subsection (1) requires the central assessment unit to assess all
assessable information relating to a person (and the fact that the
central assessment unit did not assess all assessable information relating to
a person in the course of a working with children check does not, of itself,
invalidate the working with children check, or a decision of the central
assessment unit made in relation to the working with children check).
(3) In conducting a
working with children check, the central assessment unit—
(a) is
not bound by the rules of evidence; and
(b) may
adopt, as in its discretion it considers appropriate, any findings, decision
or judgment of a court or other tribunal; and
(c) may
otherwise inform itself as it thinks fit.
(4) A
working with children check must be conducted in accordance with any other
requirements set out in the regulations and the guidelines (however, a failure
to comply with this subsection does not, of itself, invalidate a working
with children check).
(5) On completing a
working with children check in respect of a person, the
central assessment unit must determine whether the person is, or is not, to be
prohibited from working with children.
(6) To avoid doubt, a
working with children check may be used in relation to any child-related work
despite being conducted in relation to a particular position, service or
activity or employer.
(7) In this
section—
"prescribed risk assessment criteria" means the risk assessment criteria set
out in the guidelines.