South Australian Current Regulations

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CHILD SAFETY (PROHIBITED PERSONS) REGULATIONS 2019 - REG 11

11—Verification that working with children check etc conducted

        (1)         For the purposes of sections 17(1)(b)(i) and 18(2)(a) of the Act, an employer verifies that a working with children check has been conducted in relation to a person within the preceding 5 years by—

            (a)         accessing the records management system in accordance with any instructions of the Registrar; and

            (b)         interrogating the records management system in accordance with any instructions of the Registrar to determine the following information relating to the person:

                  (i)         whether there is an entry in the records management system recording that a working with children check has ever been conducted in relation to the person; and

                  (ii)         if a working with children check has been conducted in relation to the person—the date on which the most recent working with children check was conducted in relation to the person; and

            (c)         obtaining evidence of the interrogation of the records management system in accordance with regulation 19.

        (2)         For the purposes of sections 17(1)(b)(ii) and 18(2)(b) of the Act, an employer verifies that a person is not a prohibited person by—

            (a)         accessing the records management system in accordance with any instructions of the Registrar; and

            (b)         interrogating the records management system in accordance with any instructions of the Registrar to determine whether there is an entry in the records management system recording that the person is prohibited from working with children; and

            (c)         obtaining evidence of the interrogation of the records management system in accordance with regulation 19.

        (3)         To avoid doubt, an employer may comply with the requirements under section 17(1)(b) and 18(2) of the Act in the course of a single interrogation of the records management system.



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