South Australian Current Acts

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CHILD SAFETY (PROHIBITED PERSONS) ACT 2016 - SECT 3

3—Object and principles

        (1)         The primary object of this Act is to minimise the risk to children posed by persons who work with them.

        (2)         In order to further the primary object, it is a further object of this Act to provide a framework for the prohibition of persons who pose an unacceptable risk to children from working with them.

        (3)         The paramount consideration in respect of the administration, operation and enforcement of this Act must always be the best interests of children, having regard to their safety and protection.

        (4)         The following principles must be taken into account in connection with the administration, operation and enforcement of this Act:

            (a)         a working with children check relating to a person is conducted by the central assessment unit to determine (based on an assessment of information available to the central assessment unit)—

                  (i)         whether the person poses an unacceptable risk to children; and

                  (ii)         whether the person should be prohibited from working with children;

            (b)         persons who pose an unacceptable risk to children are to be prevented from working with children;

            (c)         a working with children check is not a determination of a person's suitability to work with children and cannot be relied on as such, and in particular—

                  (i)         a working with children check that does not result in a person being prohibited from working with children is not proof of good character; and

                  (ii)         a working with children check that does not result in a person being prohibited from working with children is not proof that the person does not pose a risk to children;

            (d)         a working with children check is an assessment of 1 person's prior conduct, and the fact that working with children checks are conducted in relation to employees does not, of itself, satisfy an employer's obligation to ensure that a workplace is safe for children;

            (e)         organisations and employers must have in place comprehensive strategies to ensure child safe environments.



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