South Australian Current Acts South Australian Current Acts26A—Certain persons presumed to pose unacceptable risk to children
(1) Subject to this
section, the following provisions apply in relation to the conduct of a
working with children check in respect of a person who has been found guilty
of a presumptive disqualification offence (whether the offence was committed,
or the finding of guilt made, before or after the commencement of this
section):
(a) the
person will be presumed to pose an unacceptable risk to children;
(b) the
central assessment unit need not consider or assess any further information in
relation to an application for a working with children check made by the
person;
(c) the
central assessment unit must, for the purposes of section 26(5),
determine that the person is to be prohibited from working with children
unless the person satisfies the central assessment unit that—
(i)
the circumstances of the
presumptive disqualification offence are such that the offence should be
disregarded in determining whether the person poses an unacceptable risk to
children; or
(ii)
such exceptional circumstances exist in relation to the
person that the person does not appear, or no longer appears, to pose an
unacceptable risk to children.
(2) Nothing in this
section limits section 27(3).
(3) For the purposes
of this section, a reference to a "person who has been found guilty of a
presumptive disqualification offence will be taken to include a reference
to—
(a) a
person in relation to whom, on a charge of a presumptive
disqualification offence—
(i)
there is a finding of a court under Part 8A of the
Criminal Law Consolidation Act 1935 that the objective elements of a
presumptive disqualification offence are established (whether or not the
person was found not guilty of the offence, or was found to be mentally unfit
to stand trial, pursuant to Division 2 or 3 of that Part); or
(ii)
there is a finding of a court of another jurisdiction
that corresponds to a finding referred to in subparagraph (i); and
(b) a
person who has been charged with a prescribed offence or presumptive
disqualification offence, but where the charge has not yet been finally
determined.
(4) In this
section—
"presumptive disqualification offence" means an offence, or class of offences,
declared by the regulations to be a presumptive disqualification offence (but
does not include an offence that is a prescribed offence).