South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"assessable information"—see section 8;
"central assessment unit" means the central assessment unit established under
section 20;
"child-related work"—see section 6;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, to enable
the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or to endanger a person's life or
physical safety;
"employed", "employee" and
"employer"—see section 7;
"guidelines" means the guidelines published or adopted under section 4,
as in force from time to time;
"prescribed offence" means—
(a) an
offence against a following provision of the Criminal Law Consolidation
Act 1935 where the victim is a child:
(i)
section 11 (murder);
(ii)
section 13 (manslaughter);
(iii)
Part 3 Division 9 (kidnapping and unlawful child
removal);
(iv)
Part 3 Division 11 (rape and other sexual offences);
(v)
section 72 (incest); or
(b) an
offence against Part 3 Division 11A of the Criminal Law Consolidation
Act 1935 (child exploitation offences); or
(c) an
offence against section 270B of the Criminal Law Consolidation
Act 1935 (assault with intent) with intent to commit an offence referred
to in any of the preceding paragraphs; or
(d) an
offence against a law previously in force in this State that corresponds to an
offence referred to in a preceding paragraph where the victim is a child; or
(e) an
offence against the law of another State or Territory that corresponds to an
offence referred to in any of the preceding paragraphs where the victim is a
child; or
(f) an
offence against a following provision of the Criminal Code of the Commonwealth
where the victim is a child:
(i)
section 271.4;
(ii)
section 271.7;
(iii)
section 272.8;
(iv)
section 272.9;
(v)
section 272.10;
(vi)
section 272.11;
(vii)
section 272.12;
(viii)
section 272.13;
(ix)
section 272.14;
(x)
section 272.15;
(xi)
section 272.18;
(xiii)
section 272.20;
(xiv)
section 471.16;
(xv)
section 471.17;
(xvi)
section 471.19;
(xvii)
section 471.20;
(xviii)
section 471.22;
(xix)
section 471.24;
(xx)
section 471.25;
(xxi)
section 471.26;
(xxii)
section 474.19;
(xxiii)
section 474.20;
(xxiv)
section 474.22;
(xxv)
section 474.23;
(xxvi)
section 474.24A;
(xxvii)
section 474.25A;
(xxviii)
section 474.25B;
(xxix)
section 474.26;
(xxx)
section 474.27;
(fa) an
offence against a following provision of the Criminal Code of the
Commonwealth (offences committed overseas involving child pornography material
or child abuse material):
(i)
section 273.5;
(ii)
section 273.6;
(iii)
section 273.7; or
(fb) an
offence against section 233BAB of the Customs Act 1901 of the
Commonwealth where the tier 2 goods to which the offence relates consist of or
include items of child pornography (within the meaning of that section); or
(g) an
offence against a law of the Commonwealth previously in force that corresponds
to an offence referred to in paragraph (f) where the victim is a child;
or
(h) a
conspiracy to commit, or an attempt to commit, an offence referred to in any
of the preceding paragraphs; or
(i)
an offence of aiding, abetting, counselling or procuring
the commission of an offence referred to in any of the preceding paragraphs;
or
(j) an
offence against the law of a foreign jurisdiction that corresponds to an
offence referred to in any of the preceding paragraphs,
but does not include an offence referred to in a preceding paragraph of a kind
declared by the regulations to be excluded from the ambit of this definition;
"prescribed position" means—
(a) a
position in which a person works, or is likely to work, with children; or
(b) any
other position, or a position of a class, prescribed by the regulations for
the purposes of this definition;
"prohibited from working with children" means prohibited from
working with children under section 15;
"prohibited person"—see section 15(1);
"prohibition notice" means a prohibition notice issued to a person under
section 32 that is in force;
"Registrar" of the central assessment unit—see section 22;
"unique identifier", in relation to a person, means—
(a) if a
unique identifier is issued to the person under section 29—that
unique identifier; or
(b) if a
unique identifier has not been issued to the person under section 29, but
the person is identified in relation to a working with children check referred
to in paragraph (b) of the definition of
"working with children check"—that identification;
"work with children"—see section 6;
"working with children check" means—
(a) a
working with children check conducted by the central assessment unit in
accordance with this Act; or
(b) a
working with children check (however described) of the Commonwealth, or of
another State or Territory, declared by the regulations to be a
working with children check for the purposes of this Act.
(2) For the purposes
of this Act, a reference to a person being
"found guilty" of an offence will be taken to include a reference to—
(a) a
finding of a court under Part 8A of the
Criminal Law Consolidation Act 1935 that the objective elements of an
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
(b) any
finding of a court of another jurisdiction that corresponds to a finding
referred to in paragraph (a).
(3) For the purposes
of the definition of "prescribed position , a position will be taken to be a
position in which a person is likely to work with children if, in the ordinary
course of his or her duties, it is reasonably foreseeable that a person in
that position will work with children.