(1)         For the purposes of this Act, the following persons are "excluded persons":

            (c)         a member of South Australia Police or the Australian Federal Police;

            (d)         a person to whom subsection (3) applies;

            (e)         any other person of a class declared by the regulations to be included in the ambit of this subsection.

        (2)         However, the following persons are not excluded persons (whether or not they are a person referred to in subsection (1)):

            (a)         a person who is, or has ever been, a prohibited person;

            (b)         a person providing education or early childhood services or residual early childhood services under the Education and Early Childhood Services (Registration and Standards) Act 2011 or the Education and Care Services National Law (South Australia) or otherwise providing preschool, primary or secondary education to children;

            (c)         any other class of person prescribed by the regulations for the purposes of this subsection.

        (3)         This subsection applies to the following persons:

            (a)         a person who believes on reasonable grounds that they will not work with children on more than 7 days (whether consecutive or not) in a calendar year;

            (b)         a person who, at the time of engaging in particular child-related work on a particular day in a calendar year, had worked with children on less than 7 days (whether consecutive or not) in that year,

however, this subsection will cease to apply to a person referred to in a preceding subsection if they work with children on more than 7 days (whether consecutive or not) in any calendar year.

        (4)         Subsection (3) does not apply to a person who at any time during the relevant calendar year engages in child-related work that consists of or includes—

            (a)         an overnight excursion or stay; or

            (b)         close personal contact with children with disability.

        (5)         To avoid doubt, the lawfulness of anything done or not done by a person while subsection (3) did apply to the person is not affected by that subsection ceasing to apply to the person.

        (6)         In any legal proceedings, the onus is on a person—

            (a)         claiming to be a person to whom this Division does not apply; or

            (b)         claiming to be a person to whom subsection (3) applies,

to prove that fact.