South Australian Current Regulations

CHILD SAFETY (PROHIBITED PERSONS) REGULATIONS 2019 - REG 27

27—Temporary exemptions

        (1)         This regulation applies to—

            (a)         a person—

                  (i)         who has applied for a working with children check in accordance with the Act (whether before or after the commencement of this regulation); and

                  (ii)         in respect of whom a working with children check was previously conducted within the 5 years immediately preceding the making of the application; and

                  (iii)         whose application had not been completed by the central assessment unit before the fifth anniversary of the conduct of the previous working with children check; or

            (b)         any other person determined by the Registrar by instrument in writing to be a person to whom this section applies,

(however this regulation does not apply to a person who is, or has ever been, a prohibited person).

        (2)         This regulation ceases to apply to a person—

            (a)         in the case of a person referred to in subregulation (1)(a)—on the completion of a working with children check in respect of the person (including, to avoid doubt, a working with children check referred to in section 28 or 30); and

            (b)         in the case of a person referred to in subregulation (1)(b)—

                  (i)         on the completion of a working with children check in respect of the person; or

                  (ii)         if the written instrument specifies a date on which this regulation ceases to apply to the person—on that date; or

                  (iii)         if the person contravenes a condition of the exemption; or

                  (iv)         if the written instrument specifies an event on the occurrence of which this regulation ceases to apply to the person—on the occurrence of that event,

whichever occurs first; and

            (c)         in any case—if the person becomes a prohibited person.

        (3)         A person to whom this regulation applies is exempt from the operation of section 16 of the Act.

        (4)         An exemption under this regulation relating to a person referred to in subregulation (1)(b) is subject to such conditions as may be specified by the Registrar in the written instrument.

        (5)         The employer of a person to whom this regulation applies is exempt from the operation of the following provisions of the Act to the extent that the provision relates to that person:

            (a)         section 17(1)(b)(i);

            (b)         section 18(1);

            (c)         section 18(2)(a).

        (6)         An exemption under subregulation (5) ceases to have effect in relation to a person to whom this regulation applies if this regulation ceases to apply to the person.

        (7)         The central assessment unit is exempt from the operation of sections 41(1)(b) and 42(1)(b) of the Act in respect of a person to whom this regulation applies (however, nothing in this subregulation prevents the central assessment unit from nevertheless complying with those requirements).

        (8)         For the purposes of this regulation, a person will be taken to have made an application for a working with children check on the day on which a receipt is issued to the person in accordance with section 27(4)(a) of the Act.