{"id":"child-safety-prohibited-persons-act-2016","name":"Child Safety (Prohibited Persons) Act 2016","slug":"child-safety-prohibited-persons-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31761,"registerId":"sa-child-safety-prohibited-persons-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Child Safety (Prohibited Persons) Act 2016","content":"South Australia\nChild Safety (Prohibited Persons) Act 2016\nAn Act to minimise the risk to children posed by persons who work or volunteer with them; to provide for the screening of persons who want to work or volunteer with children; to provide for a system of accountability for persons working or volunteering with children; to prohibit those who pose an unacceptable risk to children from working or volunteering with children; to provide for a central assessment unit to undertake screening of persons who want to work or volunteer with children; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\nPart 2—Objects, principles and guidelines\n3\tObject and principles\n4\tGuidelines\nPart 3—Interpretation and provisions relating to application of Act\n5\tInterpretation\n6\tMeaning of child‑related work and work with children\n7\tMeaning of employed, employee and employer\n8\tMeaning of assessable information\n9\tMeaning of excluded person\n10\tCriminal intelligence\n11\tProcedural fairness\n12\tInteraction with other Acts and laws\n13\tAct to bind, and impose criminal liability on, the Crown\n14\tExemptions\nPart 4—Restrictions on working with children\nDivision 1—Persons who cannot work with children\n15\tProhibited persons not to work with children\n16\tWorking with children without current working with children check prohibited\nDivision 2—Steps employers must take in relation to employing person\n17\tSteps employers must take before employing person in prescribed position\n18\tEmployer to ensure working with children check conducted at least every 5 years\n19\tEmployer to advise central assessment unit of certain information\nPart 5—Working with children checks\nDivision 1—Central assessment unit\n20\tCentral assessment unit\n21\tFunctions\n22\tRegistrar\n23\tPowers of delegation\n24\tEvaluation of central assessment unit\nDivision 2—Working with children checks\n25\tWorking with children checks to be conducted by central assessment unit\n26\tNature of working with children check\n26A\tCertain persons presumed to pose unacceptable risk to children\n27\tApplication for working with children check\n28\tWorking with children check to be conducted even if application withdrawn\n29\tUnique identifiers\n30\tCentral assessment unit may conduct additional working with children checks\n31\tCentral assessment unit may seek external advice\n32\tIssue of prohibition notice\n33\tRevocation of prohibition notice\n33A\tFee payable where volunteer undertakes paid employment\nDivision 3—Records management system\n34\tRecords management system\n35\tInspection of records management system\nDivision 4—Information gathering powers etc\n36\tRegistrar may require information from public sector agencies\n37\tRegistrar may require information from other persons\n38\tCourt to provide notice of certain findings of guilt to central assessment unit\n39\tCommissioner of Police to provide information to central assessment unit on charging of certain persons\n39A\tReporting bodies to notify central assessment unit etc\n40\tCertain persons to advise central assessment unit of changes in information\n41\tCentral assessment unit to advise employer of certain information\n42\tCentral assessment unit to advise prescribed persons and bodies of certain information\nDivision 5—Information sharing\n42A\tCentral assessment unit may disclose etc information to other jurisdictions\n42B\tAccess to police information\n42C\tDisclosure of information about offences\n42D\tDisclosure of information to prevent harm\n42E\tDisclosure of information for research etc purposes\n42F\tProvision of other information to central assessment unit\n42G\tInformation sharing for national register or database\nPart 6—Review of decisions by South Australian Civil and Administrative Tribunal\n43\tReview of decisions by South Australian Civil and Administrative Tribunal\nPart 7—Miscellaneous\n44\tParents etc may require person to provide unique identifier\n45\tMisrepresentations relating to working with children check\n46\tFalse or misleading statements\n47\tNo obligation to maintain secrecy\n48\tLimitation of liability\n49\tConfidentiality\n50\tVictimisation\n51\tService\n52\tEvidentiary provision\n53\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Child Safety (Prohibited Persons) Act 2016.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.\nPart 2—Objects, principles and guidelines\n3—Object and principles\n\t(1)\tThe primary object of this Act is to minimise the risk to children posed by persons who work with them.\n\t(2)\tIn 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.\n\t(3)\tThe 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.\n\t(4)\tThe following principles must be taken into account in connection with the administration, operation and enforcement of this Act:\n\t(a)\ta 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)—\n\t(i)\twhether the person poses an unacceptable risk to children; and\n\t(ii)\twhether the person should be prohibited from working with children;\n\t(b)\tpersons who pose an unacceptable risk to children are to be prevented from working with children;\n\t(c)\ta 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—\n\t(i)\ta working with children check that does not result in a person being prohibited from working with children is not proof of good character; and\n\t(ii)\ta 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;\n\t(d)\ta 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;\n\t(e)\torganisations and employers must have in place comprehensive strategies to ensure child safe environments.\n4—Guidelines\n\t(1)\tThe Minister may, by notice in the Gazette, publish or adopt guidelines for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), guidelines must be published or adopted in relation to—\n\t(a)\tprocedures to be followed by the central assessment unit when conducting working with children checks; and\n\t(b)\tstandards to be applied by the central assessment unit when determining the weight to be given to evidence of a specified kind; and\n\t(c)\tbenchmarks for periods within which certain applications for working with children checks are to be processed by the central assessment unit; and\n\t(d)\tthe risk assessment criteria to be used by the central assessment unit in conducting working with children checks.\n\t(3)\tThe Minister may, from time to time, by notice in the Gazette, vary, substitute or revoke guidelines published or adopted under this section.\n\t(4)\tA copy of any guidelines published or adopted under this section, as varied or substituted from time to time—\n\t(a)\tmust be published on a website determined by the Minister; and\n\t(b)\tmust be made available for inspection without charge at the place or places determined by the Minister.\nPart 3—Interpretation and provisions relating to application of Act\n5—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nassessable information—see section 8;\ncentral assessment unit means the central assessment unit established under section 20;\nchild‑related work—see section 6;\ncriminal 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;\nemployed, employee and employer—see section 7;\nguidelines means the guidelines published or adopted under section 4, as in force from time to time;\nprescribed offence means—\n\t(a)\tan offence against a following provision of the Criminal Law Consolidation Act 1935 where the victim is a child:\n\t(i)\tsection 11 (murder);\n\t(ii)\tsection 13 (manslaughter);\n\t(iii)\tPart 3 Division 9 (kidnapping and unlawful child removal);\n\t(iv)\tPart 3 Division 11 (rape and other sexual offences);\n\t(v)\tsection 72 (incest); or\n\t(b)\tan offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 (child exploitation offences); or\n\t(c)\tan 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\n\t(d)\tan 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\n\t(e)\tan 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\n\t(f)\tan offence against a following provision of the Criminal Code of the Commonwealth where the victim is a child:\n\t(i)\tsection 271.4;\n\t(ii)\tsection 271.7;\n\t(iii)\tsection 272.8;\n\t(iv)\tsection 272.9;\n\t(v)\tsection 272.10;\n\t(vi)\tsection 272.11;\n\t(vii)\tsection 272.12;\n\t(viii)\tsection 272.13;\n\t(ix)\tsection 272.14;\n\t(x)\tsection 272.15;\n\t(xi)\tsection 272.18;\n\t(xii)\tsection 272.19;\n\t(xiii)\tsection 272.20;\n\t(xiv)\tsection 471.16;\n\t(xv)\tsection 471.17;\n\t(xvi)\tsection 471.19;\n\t(xvii)\tsection 471.20;\n\t(xviii)\tsection 471.22;\n\t(xix)\tsection 471.24;\n\t(xx)\tsection 471.25;\n\t(xxi)\tsection 471.26;\n\t(xxii)\tsection 474.19;\n\t(xxiii)\tsection 474.20;\n\t(xxiv)\tsection 474.22;\n\t(xxv)\tsection 474.23;\n\t(xxvi)\tsection 474.24A;\n\t(xxvii)\tsection 474.25A;\n\t(xxviii)\tsection 474.25B;\n\t(xxix)\tsection 474.26;\n\t(xxx)\tsection 474.27;\n\t(xxxi)\tsection 474.27A; or\n\t(fa)\tan offence against a following provision of the Criminal Code of the Commonwealth (offences committed overseas involving child pornography material or child abuse material):\n\t(i)\tsection 273.5;\n\t(ii)\tsection 273.6;\n\t(iii)\tsection 273.7; or\n\t(fb)\tan 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\n\t(g)\tan 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\n\t(h)\ta conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs; or\n\t(i)\tan offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs; or\n\t(j)\tan offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs,\nbut 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;\nprescribed position means—\n\t(a)\ta position in which a person works, or is likely to work, with children; or\n\t(b)\tany other position, or a position of a class, prescribed by the regulations for the purposes of this definition;\nprohibited from working with children means prohibited from working with children under section 15;\nprohibited person—see section 15(1);\nprohibition notice means a prohibition notice issued to a person under section 32 that is in force;\nRegistrar of the central assessment unit—see section 22;\nunique identifier, in relation to a person, means—\n\t(a)\tif a unique identifier is issued to the person under section 29—that unique identifier; or\n\t(b)\tif 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;\nwork with children—see section 6;\nworking with children check means—\n\t(a)\ta working with children check conducted by the central assessment unit in accordance with this Act; or\n\t(b)\ta 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.\n\t(2)\tFor the purposes of this Act, a reference to a person being found guilty of an offence will be taken to include a reference to—\n\t(a)\ta 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 criminally responsible due to mental incompetence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or\n\t(b)\tany finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).\n\t(3)\tFor 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.\n6—Meaning of child‑related work and work with children\n\t(1)\tFor the purposes of this Act, the following services or activities are child‑related work:\n\t(a)\taccommodation and residential services for children;\n\t(b)\tservices or activities provided by religious organisations;\n\t(c)\tchildcare or child‑minding services;\n\t(d)\tchild protection services;\n\t(e)\tservices or activities provided in the course of the operation of clubs and associations with a significant membership of, or involvement by, children;\n\t(f)\tcoaching or tuition services for children;\n\t(g)\tcommercial services provided directly to children;\n\t(h)\tdisability services for children;\n\t(i)\teducation services for children;\n\t(j)\thealth services for children;\n\t(k)\tjustice and detention services for children;\n\t(l)\ttransport services for children;\n\t(m)\tany other service or activity declared by the regulations to be child‑related work,\nhowever, the following services or activities will be taken not to be child‑related work:\n\t(n)\ta service or activity referred to in subsection (1) that is provided under an arrangement for a personal or domestic purpose;\n\t(o)\tany other service or activity in the course of which contact with children—\n\t(i)\toccurs incidentally; or\n\t(ii)\twould not reasonably be expected to occur;\n\t(p)\tany other service or activity declared by the regulations not to be child‑related work.\n\t(1a)\tFor the purposes of this Act, a service or activity will not be taken to be child‑related work merely because—\n\t(a)\ta person employs a child in the course of the service or activity; or\n\t(b)\ta person undertakes the service or activity in the same capacity as a child to whom the service or activity relates.\n\t(2)\tA term or phrase used in subsection (1) and defined in the regulations has the meaning as so defined.\n\t(3)\tFor the purposes of this Act, a person will be taken to work with children if the person—\n\t(a)\tprovides a service or undertakes an activity that is child‑related work in the course of their employment; or\n\t(b)\tcarries on a business in the course of which an employee works with children (whether or not the person themself works with children); or\n\t(c)\tprovides any other service or undertakes any other activity declared by the regulations to be included in the ambit of this subsection.\n7—Meaning of employed, employee and employer\nFor the purposes of this Act, a reference to a person being employed will be taken to include a reference to a person who—\n\t(a)\tis a self‑employed person; or\n\t(b)\tcarries out work under a contract for services; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\n\t(e)\tcarries out work as a volunteer; or\n\t(f)\tperforms unpaid community work in accordance with an order of a court,\nand a reference to an employer, employee or employment is to be construed accordingly.\n8—Meaning of assessable information\n\t(1)\tFor the purposes of this Act, the following information is assessable information in relation to a person:\n\t(a)\tinformation that relates to offences of which the person has been found guilty;\n\t(b)\tinformation that relates to offences with which the person has been charged;\n\t(c)\tinformation that relates to disciplinary proceedings in which the person was a defendant or respondent;\n\t(d)\tinformation that relates to disciplinary action taken against the person;\n\t(e)\tinformation that relates to findings of misconduct made against the person;\n\t(f)\tinformation that relates to the cancellation of an approval of a foster parent under the Family and Community Services Act 1972;\n\t(fa)\tinformation that relates to the cancellation of an approval of an approved carer under the Children and Young People (Safety) Act 2017;\n\t(g)\tinformation that relates to a notification made pursuant to Part 4 Division 1 of the Children's Protection Act 1993;\n\t(ga)\tinformation that relates to a notification made pursuant to Chapter 5 Part 1 of the Children and Young People (Safety) Act 2017;\n\t(h)\tinformation (whether or not obtained under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017) held by an administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Children and Young People (Safety) Act 2017 and that relates to harm caused, or a risk of harm, to a child;\n\t(i)\tinformation provided by the person for the purposes of a working with children check;\n\t(j)\tany other information, or information of a class, declared by the regulations to be assessable information.\n\t(2)\tSubsection (1) applies to information—\n\t(a)\twhether the relevant conviction, offence or conduct occurred before or after the commencement of this section;\n\t(b)\twhether the relevant offence or conduct was committed or occurred in South Australia or elsewhere;\n\t(c)\tregardless of the outcome of the charges;\n\t(d)\twhether the information was obtained before or after the commencement of this section;\n\t(e)\twhether or not an appeal has been lodged or finally determined in respect of the relevant matter;\n\t(f)\tregardless of the outcome of any proceedings, action or appeal to which the information relates.\n9—Meaning of excluded person\n\t(1)\tFor the purposes of this Act, the following persons are excluded persons:\n\t(c)\ta member of South Australia Police or the Australian Federal Police;\n\t(d)\ta person to whom subsection (3) applies;\n\t(e)\tany other person of a class declared by the regulations to be included in the ambit of this subsection.\n\t(2)\tHowever, the following persons are not excluded persons (whether or not they are a person referred to in subsection (1)):\n\t(a)\ta person who is, or has ever been, a prohibited person;\n\t(b)\ta 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;\n\t(c)\tany other class of person prescribed by the regulations for the purposes of this subsection.\n\t(3)\tThis subsection applies to the following persons:\n\t(a)\ta 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;\n\t(b)\ta 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,\nhowever, 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.\n\t(4)\tSubsection (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—\n\t(a)\tan overnight excursion or stay; or\n\t(b)\tclose personal contact with children with disability.\n\t(5)\tTo 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.\n\t(6)\tIn any legal proceedings, the onus is on a person—\n\t(a)\tclaiming to be a person to whom this Division does not apply; or\n\t(b)\tclaiming to be a person to whom subsection (3) applies,\nto prove that fact.\n10—Criminal intelligence\n\t(1)\tIf the central assessment unit makes a decision under this Act to prohibit a person from working with children on the basis of information that is classified by the Commissioner of Police as criminal intelligence, the central assessment unit is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest to allow the person to work with children.\n\t(2)\tIn any proceedings under this Act, the court determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner of Police by way of affidavit.\n11—Procedural fairness\nExcept as may be required by the regulations, neither the central assessment unit nor the Registrar are required to provide procedural fairness in exercising powers or performing functions under this Act.\n12—Interaction with other Acts and laws\n\t(1)\tThe State Records Act 1997 does not apply to information obtained or held by the central assessment unit or the Registrar under this Act.\n\t(2)\tDespite the provisions of the Spent Convictions Act 2009 or a corresponding law within the meaning of that Act, the fact that an offence in respect of which a person has been found guilty becomes spent does not affect—\n\t(a)\tthe status of the offence as a prescribed offence or presumptive disqualification offence (within the meaning of section 26A) for the purposes of this Act; or\n\t(b)\tthe ability for the offence to be taken into account in a working with children check.\n\t(3)\tThis Act is otherwise in addition to, and does not derogate from, any other Act or law.\n13—Act to bind, and impose criminal liability on, the Crown\n\t(1)\tThis Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tThe Crown is liable for an offence against this Act. \n\t(3)\tIf the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate.\n14—Exemptions\n\t(1)\tThe Minister may, on application made in a manner and form determined by the Minister, by notice in writing, exempt a specified person, or a specified class of persons, from the operation of a specified provision or provisions of this Act.\n\t(2)\tHowever, the Minister must not exempt the following persons from a requirement under this Act that a working with children check be conducted in relation to the person:\n\t(a)\ta person who is, or has ever been, a prohibited person;\n\t(b)\tany other class of person prescribed by the regulations for the purposes of this subsection.\n\t(3)\tAn exemption may be conditional or unconditional.\n\t(4)\tThe Minister may, for any reason the Minister thinks fit, vary or revoke an exemption.\n\t(5)\tAn exemption remains in force for the period specified in the notice or until the exemption is revoked (whichever is the sooner).\nPart 4—Restrictions on working with children\nDivision 1—Persons who cannot work with children\n15—Prohibited persons not to work with children\n\t(1)\tThe following persons (prohibited persons) are prohibited from working with children:\n\t(a)\ta person to whom a prohibition notice has been issued;\n\t(b)\ta person who, under a law of the Commonwealth, or of another State or Territory, is prohibited from working with children (however described);\n\t(c)\ta person who has been found guilty of a prescribed offence committed as an adult.\n\t(2)\tSubsection (1)(c) applies in relation to a prescribed offence—\n\t(a)\twhether the offence was committed before or after the commencement of this section; and\n\t(b)\twhether the finding of guilt was made before or after the commencement of this section.\n\t(3)\tA person who works with children in contravention of subsection (1) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 1 year.\n\t(4)\tAn employer who employs, or continues to employ, a prohibited person in a prescribed position is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(b)\tin the case of a body corporate—$120 000.\n16—Working with children without current working with children check prohibited\n\t(1)\tA person must not work with children unless a working with children check has been conducted in relation to the person within the preceding 5 years.\nMaximum penalty: \n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(2)\tSubsection (1) does not apply to an excluded person.\nDivision 2—Steps employers must take in relation to employing person\n17—Steps employers must take before employing person in prescribed position\n\t(1)\tAn employer must not employ a person in a prescribed position unless the employer has—\n\t(a)\tobtained from the person their full name, address, date of birth and unique identifier; and\n\t(b)\tverified, in accordance with the regulations, that—\n\t(i)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(ii)\tthe person is not prohibited from working with children; and\n\t(c)\tprovided to the central assessment unit—\n\t(i)\tthe name, address, telephone number and email address of the business at which the person is to be employed; and\n\t(ii)\tthe name and contact details of the person who verified the matters referred to in paragraph (b).\nMaximum penalty: $50 000.\n\t(2)\tSubsection (1) does not apply in relation to a prospective employee who is an excluded person.\n18—Employer to ensure working with children check conducted at least every 5 years\n\t(1)\tAn employer must not continue to employ a person in a prescribed position unless a working with children check has been conducted in relation to the person within the preceding 5 years.\nMaximum penalty: $50 000.\n\t(2)\tAn employer who employs a person in a prescribed position must, at least once in every 5 year period, verify, in accordance with the regulations, that—\n\t(a)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(b)\tthe person is not a prohibited person.\nMaximum penalty: $50 000.\n\t(3)\tSubsections (1) and (2) do not apply in relation to an employee who is an excluded person.\n19—Employer to advise central assessment unit of certain information\n\t(1)\tThe employer of a person employed in a prescribed position must notify the central assessment unit if—\n\t(a)\tthe employer becomes aware of any assessable information in relation to the person; or\n\t(b)\tthe employer becomes aware that the person is prohibited from working with children under a law of the Commonwealth, or of another State or Territory; or\n\t(c)\tthe employer becomes aware that the person is, or becomes, a registrable offender under the Child Sex Offenders Registration Act 2006; or\n\t(d)\tthe person makes a disclosure to the employer under section 66 of the Child Sex Offenders Registration Act 2006.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be given in a manner and form determined by the central assessment unit; and\n\t(b)\tmust be given as soon as is reasonably practicable after the employer becomes aware of the relevant matter; and\n\t(c)\tmust contain the information required by the regulations for the purposes of this paragraph.\n\t(3)\tAn employer must not refuse or fail to comply with subsection (1).\nMaximum penalty: $25 000.\n\t(4)\tSubsection (1) does not apply in relation to an employee who is an excluded person.\nPart 5—Working with children checks\nDivision 1—Central assessment unit\n20—Central assessment unit\n\t(1)\tThere is to be a central assessment unit.\n\t(2)\tWhere this or any other Act confers a power or function on the central assessment unit or requires that the central assessment unit perform any function (including requiring that the central assessment unit make a determination, or form an opinion, as to any matter)—\n\t(a)\tthe power or function may only be exercised or performed by a person who is authorised to do so on behalf of the central assessment unit by the Minister; and\n\t(b)\tthe exercise of the power or the performance of the function by a person so authorised will be taken to be the exercise of the power or the performance of the function by the central assessment unit.\n21—Functions\n\t(1)\tThe functions of the central assessment unit are—\n\t(a)\tto conduct working with children checks; and\n\t(b)\tto issue and revoke prohibition notices; and\n\t(c)\tto provide advice to the Minister in relation to the operation of this Act; and\n\t(d)\tto assist in education programs relating to the operation of this Act; and\n\t(da)\tto conduct screenings for the purposes of the Disability Inclusion Act 2018 and to perform such other functions as may assigned to the central assessment unit under that Act; and\n\t(e)\tsuch other functions as may be assigned to the central assessment unit by the Minister or under this or any other Act.\n\t(2)\tIn performing functions under this Act, the central assessment unit must have regard to, and seek to give effect to, the objects and principles set out in section 3.\n22—Registrar\n\t(1)\tThere will be a Registrar of the central assessment unit.\n\t(2)\tThe Minister will appoint a Public Service employee to be the Registrar.\n\t(3)\tThe Minister may assign a Public Service employee to act as the Registrar—\n\t(a)\tduring a vacancy in the office of Registrar; or\n\t(b)\twhen the Registrar is absent from, or unable to discharge, official duties.\n\t(4)\tThe functions of the Registrar are—\n\t(a)\tto ensure that records or registers required under this Act are properly kept and maintained; and\n\t(b)\tto discharge any duties under this or any other Act relating to financial and annual reports; and\n\t(c)\tsuch other functions as may be conferred on the Registrar by the central assessment unit, the Minister or under this or any other Act.\n23—Powers of delegation\n\t(1)\tThe central assessment unit may delegate a function or power under this Act (other than a prescribed function or power) to the Registrar or a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tThe Registrar may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the central assessment unit or the Registrar (as the case requires) to act in any matter; and\n\t(d)\tis revocable at will.\n\t(4)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n24—Evaluation of central assessment unit\n\t(1)\tThe Minister must cause the operations and performance of the central assessment unit to be reviewed in accordance with the scheme set out in the regulations.\n\t(2)\tWithout otherwise limiting the regulations that may be made under subsection (1), the regulations—\n\t(a)\tmust require a review to be conducted at least once in each 5 year period;\n\t(b)\tmust require that reviews be conducted by a person or body who is independent of the Minister and the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\n\t(c)\tmust provide for a report to be prepared in relation to the review and for a copy of the report to be laid before both Houses of Parliament;\n\t(d)\tmay require the central assessment unit or the Registrar to prepare and provide reports of a specified kind, or to provide information of a specified kind, to the person or body conducting a review;\n\t(e)\tmay make provision in respect of the confidentiality of any information or document obtained by the reviewer in the course of a review.\nDivision 2—Working with children checks\n25—Working with children checks to be conducted by central assessment unit\n\t(1)\tA working with children check under this Act must be conducted by the central assessment unit.\n\t(2)\tTo avoid doubt, a criminal history report prepared by South Australia Police, CrimTrac or the Australian Crime Commission does not constitute a working with children check.\n\t(3)\tSubsection (1) does not apply in relation to an order of the South Australian Civil and Administrative Tribunal.\n26—Nature of working with children check\n\t(1)\tA working with children check in respect of a person consists of the central assessment unit assessing assessable information relating to a person against the prescribed risk assessment criteria to determine whether or not the person poses an unacceptable risk to children.\n\t(2)\tNothing in subsection (1) requires the central assessment unit to assess all assessable information relating to a person (and the fact that the central assessment unit did not assess all assessable information relating to a person in the course of a working with children check does not, of itself, invalidate the working with children check, or a decision of the central assessment unit made in relation to the working with children check).\n\t(3)\tIn conducting a working with children check, the central assessment unit—\n\t(a)\tis not bound by the rules of evidence; and\n\t(b)\tmay adopt, as in its discretion it considers appropriate, any findings, decision or judgment of a court or other tribunal; and\n\t(c)\tmay otherwise inform itself as it thinks fit.\n\t(4)\tA working with children check must be conducted in accordance with any other requirements set out in the regulations and the guidelines (however, a failure to comply with this subsection does not, of itself, invalidate a working with children check).\n\t(5)\tOn completing a working with children check in respect of a person, the central assessment unit must determine whether the person is, or is not, to be prohibited from working with children.\n\t(6)\tTo avoid doubt, a working with children check may be used in relation to any child‑related work despite being conducted in relation to a particular position, service or activity or employer.\n\t(7)\tIn this section—\nprescribed risk assessment criteria means the risk assessment criteria set out in the guidelines.\n26A—Certain persons presumed to pose unacceptable risk to children\n\t(1)\tSubject to this section, the following provisions apply in relation to the conduct of a working with children check in respect of a person who has been found guilty of a presumptive disqualification offence (whether the offence was committed, or the finding of guilt made, before or after the commencement of this section):\n\t(a)\tthe person will be presumed to pose an unacceptable risk to children;\n\t(b)\tthe central assessment unit need not consider or assess any further information in relation to an application for a working with children check made by the person;\n\t(c)\tthe central assessment unit must, for the purposes of section 26(5), determine that the person is to be prohibited from working with children unless the person satisfies the central assessment unit that—\n\t(i)\tthe circumstances of the presumptive disqualification offence are such that the offence should be disregarded in determining whether the person poses an unacceptable risk to children; or\n\t(ii)\tsuch exceptional circumstances exist in relation to the person that the person does not appear, or no longer appears, to pose an unacceptable risk to children.\n\t(2)\tNothing in this section limits section 27(3).\n\t(3)\tFor the purposes of this section, a reference to a person who has been found guilty of a presumptive disqualification offence will be taken to include a reference to—\n\t(a)\ta person in relation to whom, on a charge of a presumptive disqualification offence—\n\t(i)\tthere is a finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of a presumptive disqualification 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\n\t(ii)\tthere is a finding of a court of another jurisdiction that corresponds to a finding referred to in subparagraph (i); and\n\t(b)\ta person who has been charged with a prescribed offence or presumptive disqualification offence, but where the charge has not yet been finally determined.\n\t(4)\tIn this section—\npresumptive disqualification offence means an offence, or class of offences, declared by the regulations to be a presumptive disqualification offence (but does not include an offence that is a prescribed offence).\n27—Application for working with children check\n\t(1)\tSubject to this Act, an application for a working with children check—\n\t(a)\tmust be made to the central assessment unit by the person to whom the working with children check relates; and\n\t(b)\tmust be made in a manner and form determined by the central assessment unit; and\n\t(c)\tmust be accompanied by such information as may reasonably be required by the central assessment unit; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(2)\tThe regulations may make further provision in relation to applications for working with children checks (including by allowing an application to be made for or on behalf of a person by their employer or another person).\n\t(3)\tThe central assessment unit may refuse to consider an application if—\n\t(a)\tthe central assessment unit has conducted a working with children check in relation to the person to whom the application relates within the preceding 5 years; and\n\t(b)\ton completion of that working with children check, the central assessment unit issued a prohibition notice to the person; and\n\t(c)\tthat prohibition notice has not been revoked.\n\t(4)\tThe central assessment unit must, in accordance with any requirements set out in the regulations—\n\t(a)\tissue a receipt in the prescribed form to each applicant for a working with children check; and\n\t(b)\tif the person to whom the working with children check relates does not have a unique identifier—issue a unique identifier to the person in accordance with section 29.\n28—Working with children check to be conducted even if application withdrawn\nThe central assessment unit must conduct a working with children check in relation to a person to whom an application under section 27 relates whether or not the application is subsequently withdrawn (and, to avoid doubt, this Act will continue to apply in respect of the application as if it were not so withdrawn).\n29—Unique identifiers\n\t(1)\tThe central assessment must (unless a unique identifier has already been issued to the person) issue a unique identifier to—\n\t(a)\teach applicant for a working with children check; and\n\t(b)\teach person to whom a prohibition notice is issued,\nand may issue a unique identifier to such other persons as the central assessment unit thinks appropriate.\n\t(2)\tThe central assessment issues a unique identifier to a person by—\n\t(a)\tassigning a unique number to the person by which the person can be identified and with which the records management system can be interrogated; and\n\t(b)\tgiving the person a notice in a manner and form determined by the central screening unit setting out the person's unique identifier.\n\t(3)\tA unique identifier may only be varied, substituted or revoked with the consent of the Minister.\n\t(4)\tThe regulations may make further provision in respect of unique identifiers.\n30—Central assessment unit may conduct additional working with children checks\n\t(1)\tDespite section 27(1)(a), but without limiting any other provision of this Act, the central assessment unit may, at any time, conduct a working with children check in relation to a particular person.\n\t(2)\tAn additional working with children check may be conducted—\n\t(a)\ton the application of an employer of the person; or\n\t(b)\ton the application of a person prescribed by the regulations for the purposes of this paragraph; or\n\t(c)\ton the central assessment unit's own motion,\nand must be conducted if the Minister so directs.\n\t(3)\tAn application under this section—\n\t(a)\tmust be made in a manner and form determined by the central assessment unit; and\n\t(b)\tmust be accompanied by such information as may reasonably be required by the central assessment unit; and\n\t(c)\tmust be accompanied by the prescribed fee.\n31—Central assessment unit may seek external advice\n\t(1)\tDespite any other Act or law, the central assessment unit may, in relation to any decision or determination under this Act, seek such medical, legal or other professional advice as it thinks necessary or appropriate to make the decision or determination.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for the establishment of an advisory panel to advise or assist the central assessment unit in the performance of its functions under this Act.\n32—Issue of prohibition notice\n\t(1)\tIf the central assessment unit determines under section 26(5) that a person is to be prohibited from engaging in child-related work, the central assessment unit must, in accordance with the regulations, issue a notice to the person prohibiting the person from engaging in child-related work (a prohibition notice).\n\t(2)\tA prohibition notice—\n\t(a)\tmust be in the form approved by the Minister; and\n\t(b)\tmust contain a statement in a form approved by the Minister stating that the person to whom the notice relates is prohibited from engaging in child-related work; and\n\t(c)\tmust set out the following information:\n\t(i)\tthe full name and date of birth of the person to whom the notice relates;\n\t(ii)\tthe unique identifier of the person to whom the notice relates;\n\t(iii)\tthe date of issue of the notice;\n\t(iv)\tany other information required by the regulations for the purposes of this subsection.\n\t(3)\tA prohibition notice remains in force until it is revoked in accordance with this Act.\n33—Revocation of prohibition notice\n\t(1)\tThe central assessment unit may, on the application of the prohibited person to whom a prohibition notice relates or on its own motion, revoke a prohibition notice if—\n\t(a)\tthe only grounds on which the person is a prohibited person is the issue of the prohibition notice; and\n\t(b)\tif the revocation is on the application of the prohibited person—the prohibited person satisfies the central assessment unit that—\n\t(i)\tthe prohibition notice was issued in error; or\n\t(ii)\tthere is fresh and compelling assessable information that, if assessed in the course of the original working with children check, would have materially affected the determination under section 26(5) to prohibit the person from working with children; and\n\t(c)\tthe central assessment unit conducts a further working with children check in relation to the prohibited person, and determines that the person is not to be prohibited from working with children.\n\t(2)\tAn application under this section—\n\t(a)\tmust be made in a manner and form determined by the central assessment unit; and\n\t(b)\tmust be accompanied by such information or documents as the central assessment unit may reasonably require; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe central assessment unit may refuse to consider an application under this section if the central assessment unit has previously considered an application for revocation of the prohibition notice within the preceding 5 years.\n33A—Fee payable where volunteer undertakes paid employment\n\t(1)\tIf—\n\t(a)\ta working with children check is conducted under this Act in respect of a person; and\n\t(b)\tthe person satisfies the central assessment unit that the person is a volunteer and so pays no fee in relation to the working with children check; and\n\t(c)\tthe person uses that working with children check to work with children other than as a volunteer,\nthe person must, unless the fee is waived by the central assessment unit, pay to the central assessment unit the prescribed fee.\n\t(2)\tHowever, subsection (1) does not apply in relation to a person who works with children other than as a volunteer on less than 7 days in any 12 month period (whether or not the person also works with children on a volunteer basis during that period).\n\t(3)\tA payment under subsection (1) must be made as soon as is reasonably practicable (and in any case within 28 days) after the person commences work with children other than as a volunteer.\n\t(4)\tA person who fails to comply with subsection (1) is guilty of an offence. \nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tHowever, a failure to comply with subsection (1) does not affect the validity of a working with children check.\nDivision 3—Records management system\n34—Records management system\n\t(1)\tThe Registrar must establish and maintain a records management system for the purposes of this Act.\n\t(2)\tThe records management system must include—\n\t(a)\tto the extent that the central assessment unit is in possession of the relevant information, a part recording, by name, date of birth and unique identifier (if any), persons who are prohibited from working with children; and\n\t(b)\ta part recording, by unique identifier, persons to whom a prohibition notice has ever been issued; and\n\t(c)\ta part recording, by unique identifier, the date on which each working with children check is conducted in respect of a person; and\n\t(d)\ta part recording, by unique identifier, persons in relation to whom a prohibition notice has been revoked; and\n\t(e)\ta part identifying persons to whom a unique identifier has been issued,\nand may contain such other parts as the Registrar thinks appropriate.\n\t(3)\tThe records management system must include the information required by the regulations, and may contain such information as the Registrar thinks appropriate.\n\t(4)\tThe Registrar must correct an entry in the records management system that is not, or has ceased to be, correct.\n\t(5)\tThe Registrar must ensure that the records management system is such as to enable a person to inspect the records management system under section 35.\n\t(6)\tThe Registrar must ensure that the records management system is such as to enable a person to obtain, in accordance with any requirements set out in the regulations, evidence of the fact that the person has inspected or interrogated the records management system.\n\t(7)\tThe Registrar must ensure that the records management system is such as to enable a person to whom a unique identifier is issued to obtain without charge that number or to obtain a copy of the written notice referred to in section 29(2)(b).\n\t(8)\tThe regulations may make further provision in relation to the records management system.\n35—Inspection of records management system\n\t(1)\tThe Registrar must ensure that the central assessment unit has direct and unrestricted access to the records management system for the purposes of its functions under this Act.\n\t(2)\tThe records management system may be inspected (without charge) by any person.\n\t(3)\tA person who interrogates the records management system under this Act must be provided with evidence of that fact in accordance with the regulations.\n\t(4)\tThe regulations may make further provision in respect of inspection of the records management system (including provisions limiting access to specified parts of the system, or to information of a specified kind).\nDivision 4—Information gathering powers etc\n36—Registrar may require information from public sector agencies\n\t(1)\tThe Registrar may, by notice in writing, require a public sector agency to provide to the central assessment unit such information relating to a specified person as may be in the public sector agency's possession and that the central assessment unit reasonably requires for the purposes of this Act.\n\t(2)\tA public sector agency must provide the information to the central assessment unit in the manner, and within the period, specified in the notice.\n\t(3)\tIf a public sector agency refuses or fails to comply with a notice under subsection (1), the Registrar may, after consultation with the public sector agency—\n\t(a)\treport the refusal or failure to the Minister and to the Minister responsible for the public sector agency; and\n\t(b)\tinclude details of the refusal or failure in the annual report of the central assessment unit.\n37—Registrar may require information from other persons\n\t(1)\tThe Registrar may, by notice in writing, require a specified person to provide to the central assessment unit such information relating to a specified person as may be in the person's possession and that the central assessment unit reasonably requires for the purposes of this Act.\n\t(2)\tA person to whom a notice is given under subsection (1) must provide the information to the central assessment unit in the manner, and within the period, specified in the notice.\n\t(3)\tA person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence.\nMaximum penalty: $50 000.\n38—Court to provide notice of certain findings of guilt to central assessment unit\nA court that finds a person guilty of a prescribed offence or presumptive disqualification offence (within the meaning of section 26A) must ensure that the prescribed information relating to the finding of guilt is provided, in accordance with the regulations, to the central assessment unit.\n39—Commissioner of Police to provide information to central assessment unit on charging of certain persons\nWithout limiting any other Act or law that requires or authorises the Commissioner of Police to disclose information, the Commissioner of Police must ensure that, if a police officer lays a charge of a prescribed offence or a presumptive disqualification offence (within the meaning of section 26A) against a person, the prescribed information relating to the charge is provided to the central assessment unit as soon as is reasonably practicable after the person is charged.\n39A—Reporting bodies to notify central assessment unit etc\n\t(1)\tWithout limiting any other Act or law that requires or authorises a reporting body to disclose information, a reporting body—\n\t(a)\tmust, if in the course of performing its functions in relation to a person the reporting body suspects that the person poses, or may pose, an unacceptable risk to children—\n\t(i)\tnotify the central assessment unit of that suspicion; and\n\t(ii)\tprovide to the central assessment unit such information as may be in the possession of the reporting body as may be relevant to the notification; and\n\t(b)\tmay disclose to the central assessment unit any information on any matter relevant to the operation of this Act.\n\t(2)\tA notification under subsection (1)(a) must be made in a manner and form determined by the central assessment unit.\n\t(3)\tThe regulations may make further provision in relation to a notification under this section.\n\t(4)\tIn this section—\nreporting body means a person or body prescribed by the regulations for the purposes of this section.\n40—Certain persons to advise central assessment unit of changes in information\n\t(1)\tA person to whom a unique identifier has been issued must notify the central assessment unit if any of the following occurs:\n\t(a)\tthe person is prohibited from working with children under a law of the Commonwealth, or of another State or Territory;\n\t(b)\tthe person becomes a registrable offender under the Child Sex Offenders Registration Act 2006;\n\t(c)\tthe person makes a disclosure to their employer under section 66 of the Child Sex Offenders Registration Act 2006;\n\t(d)\tthere is a change in the assessable information relating to the person (being assessable information of a kind contemplated by section 8(1)(a) to (f)) arising out of a matter or proceeding occurring after the person's most recent working with children check was conducted;\n\t(e)\tthe person changes their name, or uses another name.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be given in a manner and form determined by the central assessment unit; and\n\t(b)\tmust be given as soon as is reasonably practicable after the relevant matter occurs; and\n\t(c)\tmust contain the information required by the regulations for the purposes of this paragraph.\n\t(3)\tA person must not refuse or fail to comply with subsection (1).\nMaximum penalty: $50 000.\n41—Central assessment unit to advise employer of certain information\n\t(1)\tThe central assessment unit must take reasonable steps to notify each known employer of a person if—\n\t(a)\tthe person is prohibited from working with children; or\n\t(b)\tmore than 5 years have passed since the person's most recent working with children check was conducted; or\n\t(c)\tthe person's unique identifier is changed.\n\t(2)\tA notification under subsection (1)—\n\t(a)\tmust be made as soon as is reasonably practicable after the central assessment unit becomes aware of the relevant matter (whether because of a notification under this Act or otherwise); and\n\t(b)\tmust contain the information required by the regulations for the purposes of this paragraph.\n\t(3)\tWithout limiting section 51, a notification under subsection (1) may be made by electronic communication.\n42—Central assessment unit to advise prescribed persons and bodies of certain information\n\t(1)\tThe central assessment unit must, in accordance with any requirements set out in the regulations, notify a prescribed person or body if—\n\t(a)\ta relevant person in respect of the prescribed person or body is prohibited from working with children; or\n\t(b)\tmore than 5 years have passed since a working with children check was conducted in respect of a relevant person in respect of the prescribed person or body; or\n\t(c)\tthe unique identifier of the relevant person in respect of the prescribed person or body is changed.\n\t(2)\tIn this section—\nrelevant person means a person of a class declared by the regulations to be relevant persons in respect of a particular prescribed person or body.\nDivision 5—Information sharing\n42A—Central assessment unit may disclose etc information to other jurisdictions\n\t(1)\tDespite a provision of this or any other Act or law, the central assessment unit is authorised to receive and make use of information relevant to the functions of the central assessment unit under this Act from any person or body in this or any other jurisdiction.\n\t(2)\tDespite a provision of this or any other Act or law, the central assessment unit is authorised to disclose information (not being information classified by the Commissioner of Police as criminal intelligence) in the possession of the central assessment unit to a prescribed person or body in another State or Territory for purposes related to the screening of persons who work with children.\n\t(3)\tIn this section—\nprescribed person or body means—\n\t(a)\ta person or body whose official function consists of or includes the screening of persons who work with children (however described); or\n\t(b)\tany other person or body prescribed by the regulations for the purposes of this paragraph.\n42B—Access to police information\n\t(1)\tThe Commissioner of Police is authorised to disclose the following information for the purpose of the use of the information in assessing and determining whether a person who engages or proposes to engage in child‑related work poses an unacceptable risk to children:\n\t(a)\tinformation relating to any matter that may cause a person to be prohibited from working with children, or require a risk assessment of a person under this Act or a corresponding law;\n\t(b)\tinformation relating to the criminal history of a person;\n\t(c)\twithout limiting a preceding paragraph, information relating to the circumstances of an offence or other matter disclosed under this section.\n\t(2)\tThe disclosure of information under this section is limited to disclosure to any of the following:\n\t(a)\tthe central assessment unit;\n\t(b)\tan interstate screening agency;\n\t(c)\tthe Australian Criminal Intelligence Commission;\n\t(d)\ta law enforcement agency of the Commonwealth or another State or Territory.\n\t(3)\tA person to whom information is disclosed under this section may disclose that information to an interstate screening agency for the purposes of the use of the information in assessing and determining whether a person poses an unacceptable risk to children.\n\t(4)\tInformation relating to a person's criminal history may be disclosed under this section whether or not the information relates to a prescribed offence or presumptive disqualification offence (within the meaning of section 26A).\n\t(5)\tThis section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Act.\n\t(6)\tThis section does not limit the powers of the Commissioner of Police to disclose relevant information as an authorised person under this Act.\n\t(7)\tIn this section—\ninterstate screening agency means a person or body exercising functions in the execution or administration of a corresponding law.\n42C—Disclosure of information about offences\n\t(1)\tThe central assessment unit may disclose to a law enforcement agency of the State or any other jurisdiction (including a jurisdiction outside Australia) any information obtained as a result of the exercise of a function under this Act that indicates that a relevant offence may have been committed or that constitutes evidence of a relevant offence.\n\t(2)\tIn this section—\nrelevant offence means a prescribed offence, or any other offence declared by the regulations to be included in the ambit of this definition.\n42D—Disclosure of information to prevent harm\nDespite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the course of the administration or operation of this Act to an appropriate person or body if the central assessment unit is of the opinion that to do so is reasonably necessary to prevent harm being caused to a child.\n42E—Disclosure of information for research etc purposes\nDespite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the course of the administration or operation of this Act to an appropriate person or body for the purposes of research into the operation of this Act or a law of another State or Territory related to the screening of persons who work with children, or auditing of compliance with such laws.\n42F—Provision of other information to central assessment unit\n\t(1)\tDespite a provision of this or any other Act or law, a person or body (including, to avoid doubt, an administrative unit or public sector employee within the meaning of the Public Sector Act 2009) may provide to the central assessment unit any information that the person or body reasonably believes is relevant to the functions of the central assessment unit under this Act.\n\t(2)\tA person or body incurs no civil or criminal liability in respect of the provision of information to the central assessment unit in good faith and without negligence under this section.\n42G—Information sharing for national register or database\nDespite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the operation or administration of this Act for the purpose of providing relevant information for entry in a national register or database relating to the screening of persons who work with children.\nPart 6—Review of decisions by South Australian Civil and Administrative Tribunal\n43—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tThe South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a reviewable decision.\n\t(2)\tAn application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).\n\t(3)\tHowever, the South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2) if satisfied that—\n\t(a)\tspecial circumstances exist; and\n\t(b)\tanother party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n\t(4)\tIn this section—\nreviewable decision—the following are reviewable decisions:\n\t(a)\ta decision of the central assessment unit to issue or revoke a prohibition notice;\n\t(b)\tany other decision under this Act of a kind declared by the regulations to be included in the ambit of this definition.\nPart 7—Miscellaneous\n44—Parents etc may require person to provide unique identifier\n\t(1)\tA person who is responsible for a child in respect of whom child‑related work is, or is to be, performed by a person may require the person to provide their full name and unique identifier (if any).\n\t(2)\tA person must not refuse or fail to comply with a request under subsection (1).\nMaximum penalty: $10 000.\n\t(3)\tA person will be taken to have complied with a requirement under subsection (1) if the person verifies that they are not a prohibited person by electronic communication in accordance with the scheme set out in the regulations.\n\t(4)\tThis section does not apply in relation to an excluded person.\n45—Misrepresentations relating to working with children check\n\t(1)\tA person must not falsely represent that—\n\t(a)\ta working with children check has been conducted in relation to the person within the preceding 5 years; or\n\t(b)\tthe person is not prohibited from working with children.\nMaximum penalty: $50 000 or imprisonment for 1 year.\n\t(2)\tA person must not falsely represent that—\n\t(a)\ta working with children check has, or has not, been conducted in relation to a specified person within the preceding 5 years; or\n\t(b)\ta specified person is, or is not, prohibited from working with children.\nMaximum penalty: $50 000 or imprisonment for 1 year.\n46—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act.\nMaximum penalty: $20 000.\n47—No obligation to maintain secrecy\nNo obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the central assessment unit under this Act, except an obligation or restriction designed to keep the identity of an informant secret.\n48—Limitation of liability\nExcept as specifically provided in this Act, no civil or criminal liability attaches to—\n\t(a)\tthe central assessment unit, the Registrar or any other person exercising powers and functions under this Act; or\n\t(b)\tthe Crown,\nin respect of an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act.\n49—Confidentiality\nA person must not, directly or indirectly, disclose information obtained in the course of the administration or operation of this Act except—\n\t(a)\tfor the purposes of the administration or enforcement of this Act; or\n\t(b)\tfor the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children; or\n\t(c)\tfor the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or\n\t(d)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person; or\n\t(e)\tas is otherwise required or authorised by or under this or any other Act.\nMaximum penalty: $20 000.\n50—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation.\n\t(2)\tCausing detriment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n\t(3)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(4)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\nMaximum penalty: $20 000.\n\t(7)\tProceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\n\t(8)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(d)\tthreats of reprisal.\n51—Service\nExcept where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n52—Evidentiary provision\n\t(1)\tIn proceedings for an offence against this Act, an allegation in an information—\n\t(a)\tthat a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or\n\t(b)\tthat a prohibition notice had, or had not, been issued to a specified person; or\n\t(c)\tthat a specified person had, or had not, been issued with a specified unique identifier,\nmust be accepted as proved in the absence of evidence to the contrary.\n\t(2)\tIn any disciplinary proceedings, a document apparently signed by the Registrar and certifying—\n\t(a)\tthat a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or\n\t(b)\tthat a prohibition notice had, or had not, been issued to a specified person; or\n\t(c)\tthat a specified person had, or had not, been issued with a specified unique identifier,\nmust be accepted as proved in the absence of evidence to the contrary.\n\t(3)\tIn any legal or disciplinary proceedings, a document apparently signed by the Registrar and purporting to be an extract of the records management system must be accepted as proved in the absence of evidence to the contrary.\n53—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(ba)\trequirements relating to the provision of information or documents to the central assessment unit; and\n\t(c)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(d)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act;\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Registrar or any other specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n49\n Child Safety (Prohibited Persons) Act 2016 \n10.11.2016\n1.7.2019 (Gazette 17.1.2019 p93)\n2017\n64\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 2 (ss 5 to 17) & Pt 7 (ss 43(2) & 44)—1.7.2019 (Gazette 17.1.2019 p93) (s 43(1) deleted by 9/2019 without coming into operation)\n2019\n9\n Statutes Amendment (Screening) Act 2019\n16.5.2019\nPt 2 (ss 4 to 15)—1.7.2019 (Gazette 27.6.2019 p2322)\n2025\n12\nCriminal Law Consolidation (Mental Competence) Amendment Act 2025\n27.3.2025\nSch 1 (cl 2)—14.7.2025 (Gazette 5.6.2025 p1385)\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 8)—uncommenced\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 3\n\n\ns 5\n\n\ns 5(1)\n\n\nprescribed offence\namended by 64/2017 s 43(2)\n1.7.2019\ns 5(2)\namended by 12/2025 Sch 1 cl 2\n14.7.2025\ns 6\n\n\ns 6(1a)\ninserted by 9/2019 s 4\n1.7.2019\ns 8\n\n\ns 8(1)\namended by 64/2017 s 44(1)—(3)\n1.7.2019\n\namended by 25/2025 Sch 2 cl 8(1)—(4)\nuncommenced—not incorporated\ns 9\n\n\ns 9(1)\n(a) deleted by 9/2019 s 5(1)\n1.7.2019\n\n(b) deleted by 9/2019 s 5(2)\n1.7.2019\ns 12\n\n\ns 12(2)\namended by 9/2019 s 6\n1.7.2019\nPt 5\n\n\nPt 5 Div 1\n\n\ns 21\n\n\ns 21(1)\namended by 9/2019 s 7\n1.7.2019\nPt 5 Div 2\n\n\ns 26A\ninserted by 9/2019 s 8\n1.7.2019\ns 33A\ninserted by 9/2019 s 9\n1.7.2019\nPt 5 Div 3\n\n\ns 34\n\n\ns 34(2)\namended by 9/2019 s 10\n1.7.2019\nPt 5 Div 4\n\n\ns 38\namended by 9/2019 s 11\n1.7.2019\ns 39\nsubstituted by 9/2019 s 12\n1.7.2019\ns 39A\ninserted by 9/2019 s 13\n1.7.2019\nPt 5 Div 5\ninserted by 9/2019 s 14\n1.7.2019\nPt 7\n\n\ns 53\n\n\ns 53(2)\namended by 9/2019 s 15\n1.7.2019\nTransitional etc provisions associated with Act or amendments\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\nPart 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016\n5—Interpretation\nUnless the contrary intention appears, a term or phrase used in this Part that is defined in the Child Safety (Prohibited Persons) Act 2016 has the same meaning as in that Act.\n6—Expiry of Part\nThis Part will expire on the day that the transitional period ends.\n7—Certain applications for assessments of relevant history taken to be application for working with children check\n\t(1)\tThis section applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this section but not determined before such commencement.\n\t(2)\tAn application to which this section applies will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be an application to the central assessment unit for a working with children check under section 27 of that Act (and the application will, unless the central assessment unit determines otherwise, be taken to have satisfied the requirements set out in section 27(1) of that Act).\n8—Recognition of certain assessments of relevant history as working with children checks\n\t(1)\tAn assessment of relevant history conducted in respect of a person within the 3 years preceding the commencement of this section will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a working with children check in respect of the person conducted under that Act.\n\t(2)\tHowever, this section ceases to apply to an assessment of relevant history in respect of a particular person if either of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person.\n\t(3)\tTo avoid doubt, an assessment of relevant history referred to in subsection (1) clearing a person for child‑related employment (however described) will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a determination of the central assessment unit made at the relevant time that the person is not to be prohibited from working with children.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person contemplated by subsection (1) (being a person to whom a unique identifier has not previously been issued under that Act).\n8A—Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority\n\t(1)\tThis section applies to a person in respect of whom the responsible authority for an organisation had conducted an assessment of relevant history in accordance with regulation 6(1)(a) of the Children's Protection Regulations 2010 within the 3 years preceding the commencement of this section.\n\t(2)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(3)\tHowever, this section ceases to apply to a person referred to in subsection (1)—\n\t(a)\tif either of the following occurs:\n\t(i)\tthe person becomes a prohibited person;\n\t(ii)\ta working with children check is conducted in relation to the person; or\n\t(b)\t12 months after the commencement of this section,\nwhichever occurs first.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n\t(5)\tIn this section—\nresponsible authority for an organisation has the same meaning as in section 8B of the Children's Protection Act 1993, as in force immediately before that section is repealed.\n8B—Transitional provisions—certain emergency service workers\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section, was an emergency service worker.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe person ceases to be an emergency service worker.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n\t(5)\tIn this section—\nemergency service worker means—\n\t(a)\ta member of—\n\t(i)\tSAMFS; or\n\t(ii)\tSACFS; or\n\t(iii)\tSASES; or\n\t(b)\ta member of the SA Ambulance Service; or\n\t(c)\ta person providing ambulance services pursuant to a restricted ambulance service licence under section 58 of the Health Care Act 2008.\n9—Transitional provisions—teachers\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section—\n\t(a)\twas a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004) whose registration was in force; or\n\t(b)\twas the subject of a special authority to teach granted under section 30 of the Teachers Registration and Standards Act 2004 that was in force.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe person's current registration as a teacher, or the special authority to teach, (as the case requires) expires;\n\t(d)\tthe person's registration as a teacher, or the special authority to teach, (as the case requires) is cancelled or revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n10—Transitional provisions—persons employed under Children's Services Act 1985\n\t(1)\tThis section applies to a person who—\n\t(a)\twas, immediately before the commencement of this section, employed in a registered children's services centre under section 12 of the Children's Services Act 1985; and\n\t(b)\teither—\n\t(i)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section; or\n\t(ii)\tdid both of the following:\n\t(A)\tobtained a criminal history report in the 3 years immediately preceding the commencement of this section;\n\t(B)\tprovided a copy of the report to the employing authority under the Children's Services Act 1985.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if either of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n11—Transitional provisions—health practitioners\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section, was a registered health practitioner.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe person's registration as a registered health practitioner expires or is cancelled or revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n\t(5)\tIn this section—\nregistered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia).\n12—Transitional provisions—foster parents\n\t(1)\tThis section applies to a person who—\n\t(a)\twas, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 42 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(3)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe current period of the person's approval as an approved carer (as continued under section 27 of this Act) expires;\n\t(d)\tthe person's approval as an approved carer (as continued under section 27 of this Act) is cancelled or revoked for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n13—Transitional provisions—licensed foster care agencies\n\t(1)\tThis section applies to a person who—\n\t(a)\twas, immediately before the commencement of this section, licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 48 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(3)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe current period of the person's licence as a foster care agency (as continued under section 28 of this Act) expires;\n\t(d)\tthe person's licence as a foster care agency (as continued under section 28 of this Act) is cancelled for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n14—Transitional provisions—licensed children's residential facilities\n\t(1)\tThis section applies to a person who—\n\t(a)\twas, immediately before the commencement of this section, the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was suitable to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(3)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe current period of the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) expires;\n\t(d)\tthe person's licence to maintain a children's residential facility (as continued under section 29 of this Act) is cancelled for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n15—Transitional provisions—employees in training centres etc\n\t(1)\tThis section applies to a person who—\n\t(a)\twas, immediately before the commencement of this section, employed in—\n\t(i)\ta training centre established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; or\n\t(ii)\ta correctional institution (within the meaning of the Correctional Services Act 1982) in which children or young people are detained; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n16—Transitional provisions—passenger transport services\n\t(1)\tThis section applies to the following persons:\n\t(a)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for a passenger transport service operated by the person granted under section 27 of the Passenger Transport Act 1994;\n\t(b)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for a driver of a public passenger vehicle granted under section 28 of the Passenger Transport Act 1994;\n\t(c)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for an operator of a centralised booking service granted under section 29 of the Passenger Transport Act 1994.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person;\n\t(b)\ta working with children check is conducted in relation to the person;\n\t(c)\tthe person's accreditation expires or is revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(a)\tsection 16;\n\t(b)\tsection 17;\n\t(c)\tsection 18.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n17—Evidentiary provision\n\t(1)\tIn any proceedings under the Child Safety (Prohibited Persons) Act 2016, a document issued by an authorised screening unit and purporting to be a child‑related employment screening letter or a child‑related employment screening‑cleared letter, or a certificate issued by the authorised screening unit in accordance with regulation 8A of the Children's Protection Regulations 2010, and stating that an assessment of relevant history had been conducted in relation to a specified person on a specified date will, in the absence of evidence to the contrary, be taken to be proof of the matters so stated.\n\t(2)\tIn proceedings for an offence against the Child Safety (Prohibited Persons) Act 2016, an allegation in an information that an assessment of relevant history relating to a specified person had, or had not, been conducted on a specified day or within a specified period must be accepted as proved in the absence of evidence to the contrary.\nHistorical versions\n1.7.2019\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2016 framework. The 2019 amendments (Statutes Amendment (Screening) Act 2019) added a new Division 5 on information sharing (sections 42A-42G), created a presumptive disqualification scheme for certain offenders (section 26A), introduced reporting body obligations (section 39A), and added fee recovery for volunteers who later take paid work (section 33A). The 2017 transitional amendments also incorporated screening functions from the Disability Inclusion Act 2018 (section 21(1)(da)). The Act has evolved from a basic screening mechanism into a comprehensive information-sharing hub with national database connectivity and complex risk assessment protocols."},"complexity_factors":["Extensive cross-referencing to other legislation (Criminal Law Consolidation Act 1935, Children and Young People (Safety) Act 2017, Child Sex Offenders Registration Act 2006, etc.)","Multiple nested definitions: 'prescribed offence' has 10 sub-paragraphs with further cross-references to Commonwealth Criminal Code sections; 'assessable information' has 10 categories including transitional references to repealed Acts","Complex conditional logic for 'excluded persons' (section 9) with multiple exceptions to exceptions—police are excluded but former prohibited persons are not excluded even if they are police; the 7-day threshold rule has exceptions for overnight excursions and disability work","Presumptive disqualification scheme (section 26A) creates a reverse onus where certain offenders must prove exceptional circumstances to avoid prohibition","Extensive transitional provisions (sections 5-17 of the 2017 amending Act) creating parallel temporary regimes for teachers, health practitioners, foster parents, emergency workers, etc.","Information sharing provisions (Division 5, sections 42A-42G) that override other Acts but contain their own conditions and limitations","Dual criminal/civil liability structure with specific penalty tiers for natural persons vs body corporate (e.g., section 15(4))","Regulatory dependency: Many critical operational details (fees, specific risk criteria, procedural requirements) are left to regulations and guidelines rather than primary legislation"],"plain_english_summary":"This legislation creates a mandatory screening system for anyone who works or volunteers with children in South Australia. It establishes a **Central Assessment Unit** that conducts 'working with children checks' to identify people who pose an unacceptable risk to children and prohibits them from child-related work.\n\n**Key things the Act does:**\n\n*   **Creates a screening system:** Most people working with children must have a valid check conducted within the last 5 years. This includes employees, volunteers, contractors, ministers of religion, and students on practical placement.\n*   **Defines 'child-related work' broadly:** Covers childcare, schools, sports coaching, health services, transport, religious activities, and more—but excludes incidental contact or personal/domestic arrangements.\n*   **Prohibits high-risk people:** Anyone convicted of serious child-related crimes (murder, sexual offences, child exploitation) is automatically banned. Others may be banned if the assessment shows they pose an unacceptable risk.\n*   **Puts obligations on employers:** Employers must verify that staff have current checks, re-verify every 5 years, and report certain information (like new criminal charges) to the Central Assessment Unit.\n*   **Allows information sharing:** The Unit can share information with police, other states/territories, and child protection agencies—even overriding normal privacy laws when necessary to protect children.\n*   **Provides limited review rights:** People can appeal certain decisions (like being issued a prohibition notice) to the South Australian Civil and Administrative Tribunal.\n\n**Important limitations:**\n*   A 'working with children check' is **not** a guarantee that someone is safe—it only identifies those who are prohibited.\n*   Employers still have separate legal duties to create safe environments for children.\n*   Some people are exempt (excluded persons), such as police officers or those working with children fewer than 7 days per year (with exceptions for overnight stays or disability work)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been materially extended since the original 2016 drafting. Amendments and later provisions have broadened the CAU's role and information powers: for example, the 2019 amendments introduced presumptive disqualification provisions (s 26A), a volunteer‑to‑paid fee rule (s 33A), expanded information‑sharing provisions including interstate and national register disclosure (ss 42A–42G), and stronger police reporting/access powers (s 42B, s 39). The CAU's functions were also expanded to include screenings under the Disability Inclusion Act (s 21(1)(da)). Transitional amendments recognised prior screenings and created multiple temporary carve‑outs for categories such as teachers, health practitioners and emergency workers (transitional Part). These changes widen the Act from a single‑purpose screen‑and‑prohibit model to a broader data‑integration, cross‑jurisdictional screening and national‑register architecture, increasing both the operational remit of the CAU and the volume and types of data it can collect and disclose (see ss 20–21, 26A, 33A, 36–39A, 42A–42G)."},"complexity_factors":["Multiple interlocking Parts and 53 substantive sections plus regulations and guidelines (length and structure)","Around 15–20 defined terms in the interpretation section that drive scope (e.g. prescribed offence, assessable information, prescribed position, excluded person, working with children check) (s 5, s 6, s 8, s 9)","Numerous cross‑references to other Acts and external instruments (Criminal Law Consolidation Act 1935, Commonwealth Criminal Code, Child Sex Offenders Registration Act 2006, etc.) (s 5 definitions, ss 38–39)","Nested conditional rules and exceptions (e.g. excluded person 7‑day rule with carve‑outs for overnight excursions and disability contact) producing multiple layers of application (s 9(3)–(4))","Significant delegated detail left to regulations and Ministerial guidelines (risk criteria, prescribed positions, fees, reporting bodies), increasing operational complexity (ss 4, 26(7), 53)","Substantial information‑sharing architecture with specialised exceptions for \"criminal intelligence\" and cross‑jurisdictional disclosure (ss 10, 42A–42G, 42B)","Multiple statutory duties on employers with high monetary penalties and criminal offences if breached (ss 17–19, 15)","Limited procedural fairness in many parts (s 11) combined with restricted review routes (s 43) — complicates remedies and litigation strategy","Transitional provisions and subsequent amendments (2017, 2019, 2025 entries) add time‑limited carve‑outs and recognition of earlier screenings, increasing the number of factual permutations to manage","Records, unique identifiers and evidentiary presumptions about CAU records create practical and legal complexity for proof and data correction (ss 29, 34–35, 52)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a central assessment unit (CAU) that conducts \"working with children checks\" (WWC checks) for anyone who works or volunteers with children (ss 20, 25–26).\n- Defines what counts as child‑related work and who is covered (s 6), and what information the CAU may assess (\"assessable information\") such as convictions, charges, disciplinary findings and relevant notifications (s 8).\n- Creates a register and unique‑identifier system for people checked or prohibited (ss 29, 34–35).\n- Gives the CAU power to issue prohibition notices banning people from working with children; those notices remain in force until revoked (ss 32–33). A person is also automatically a \"prohibited person\" if they have been found guilty of specific child‑related offences (s 15 and definitions in s 5).\n- Requires employers to verify a WWC check has been done within the previous 5 years before hiring or continuing to employ someone in a prescribed position, to keep certain applicant information, and to notify the CAU of assessable information they become aware of (ss 16–19).\n- Provides information‑gathering powers (the Registrar and CAU can require information from public agencies and other persons) and requires courts and police to notify the CAU of findings or charges for certain offences (ss 36–39A).\n- Permits broad domestic and interstate information sharing for screening purposes and for a national register/database; allows police criminal‑intelligence materials to be relied on in secret in some circumstances (ss 42A–42G, 10, 42B).\n- Limits procedural fairness in many CAU decisions (s 11), while giving review rights to the South Australian Civil and Administrative Tribunal for specified decisions (s 43).\n- Prescribes criminal and monetary penalties for working while prohibited, for employers who employ prohibited persons, and for false representations about WWC checks (ss 15–19, 44–46).\n- Leaves detailed rules (such as risk criteria, forms, fees, lists of regulated positions and reporting bodies) to regulations and Ministerial guidelines (s 4, s 53).\n\nWho it affects\n\n- People who work with children in South Australia (employees, volunteers, contractors, self‑employed persons, ministers of religion, trainees etc.): they must have a WWC check within the last 5 years to work with children and may be prohibited from working with children if found to pose an unacceptable risk (ss 6–7, 16, 26, 15).\n- Employers and organisations that engage people in \"prescribed positions\": they must verify WWC checks, keep applicant details, notify the CAU of assessable information, and face fines for non‑compliance (ss 17–19).\n- Courts, police, and defined reporting bodies: they must supply prescribed information about charges, findings or suspicions to the CAU (ss 38–39A).\n- People who are the subject of checks: subject to data collection, unique identifiers, records and possible interstate disclosure (ss 29, 34, 42A–42G).\n\nWhy it matters (official purpose and an analytic check)\n\nOfficially, the Act aims to \"minimise the risk to children\" by screening and prohibiting people who pose an unacceptable risk from working with children (s 3). Mechanically, it centralises screening in a CAU, creates a records system and a unique‑identifier regime, mandates employer verification and reporting, and authorises wide information sharing with police, other agencies and other jurisdictions (ss 20–26, 29, 34–42G).\n\nTesting the official purpose against trade‑offs and implementation mechanics\n\n- Who pays and who bears compliance costs: Applicants pay prescribed fees for WWC checks (s 27); employers bear administrative costs of verification and mandatory notifications and face substantial fines for breaches (ss 17–19). Volunteers can be exempted from fees but must pay if they later do paid child‑related work (s 33A).\n- Decision‑makers and discretion: The CAU and its Registrar exercise screening judgments and can delegate functions; the Minister issues guidelines (s 21, 22–24, 4). Many important details (which offences are \"prescribed\" or \"presumptive disqualification\" offences, which positions are \"prescribed positions\", reporting bodies, and fees) are left to regulations, concentrating substantive rule‑setting in subordinate instruments (s 5 definitions; s 26A; s 53).\n- Speed vs fairness: The Act explicitly limits the CAU's obligation to give procedural fairness (s 11) and allows reliance on police classified \"criminal intelligence\" without disclosing reasons in full (s 10). That reduces disclosure and may speed protective decisions, but increases the risk of non‑transparent adverse outcomes for individuals.\n- Privacy and data sharing: The Act permits wide information flows (police, courts, public agencies, private reporting bodies) into the CAU and disclosure interstate and for national registers (ss 36–42G). This increases the CAU's information base for risk assessments but raises privacy and data‑accuracy risks and reliance on cross‑jurisdictional systems.\n- Concentrated benefits and diffuse costs: Benefits (reduced access to children by higher‑risk individuals) are concentrated among children, their carers and organisations that rely on checks; costs (time, fees, administrative compliance, risk of being excluded) are spread across many workers, small organisations and volunteers.\n- Implementation risk: the scheme depends on reliable court and police reporting, robust records management, accurate unique identifiers and effective interagency IT and policy settings (ss 34–39, 42A–42G). Delays, mismatches, or incorrect records can produce both false positives and false negatives.\n\nKey conditional rules and notable mechanics to watch (with section references)\n\n- A person is prohibited if issued a prohibition notice, is prohibited under another jurisdiction, or has been found guilty of a \"prescribed offence\" as an adult (s 15; prescribed offences listed in s 5).\n- WWC checks must be current within 5 years to lawfully work with children (s 16). Employers must verify checks at hiring and at least every 5 years (ss 17–18).\n- The CAU may presume certain offence convictions (regulation‑designated \"presumptive disqualification offences\") mean a person poses an unacceptable risk unless exceptional circumstances are shown (s 26A).\n- The CAU can obtain and use police criminal intelligence and, if the information is classified as such, is not required to give detailed reasons for a prohibition beyond public‑interest language (s 10).\n- Limited merits review rights exist to the South Australian Civil and Administrative Tribunal for certain CAU decisions (s 43).\n\nPractical immediate implications for organisations and individuals\n\n- Organisations should integrate checks into recruitment and ongoing HR processes, budget for checks and notifications, and put in place procedures to gather and report assessable information (ss 17–19, 39A).\n- Individuals working with children should maintain up‑to‑date WWC checks, keep the CAU informed of prescribed changes (e.g. new charges, name changes) and retain their unique identifier (ss 27–29, 40).\n- Legal and procedural safeguards are limited in some respects (s 11 and s 10), so affected persons may rely on the Tribunal review process (s 43) and on regulatory rules and guidelines for procedural detail (s 4, s 53).\n\nSource citations for key mechanics: central assessment unit and functions (ss 20–21); who is covered and definition of child‑related work (ss 6–7); assessable information (s 8); prohibitions and penalties (ss 15–19); information gathering and sharing (ss 36–42G); limited procedural fairness and criminal intelligence confidentiality (ss 10–11); review rights (s 43); regulations and guidelines (ss 4, 53)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed — no legislative text was available for comparison against original intent. The page not found error prevented retrieval of any content beyond website navigation elements."},"complexity_factors":["Actual legislative text was not retrievable — the source URL returned a 404/Page Not Found error","No provisions, definitions, schedules, or operative sections were available for analysis","Complexity score reflects the inability to assess the document, not the known complexity of the Act itself (which would likely score 6-7 based on general knowledge of its screening and prohibition scheme)"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation content for the **Child Safety (Prohibited Persons) Act 2016 (SA)** could not be retrieved. The source URL returned a 'Page Not Found' error, likely due to a website migration on the South Australian legislation website on or around **24 March 2026**.\n\n**What we know about this Act from general legal knowledge:**\nThis South Australian law creates a scheme to protect children by identifying **'prohibited persons'** — people who are deemed unsuitable to work with or be around children. It establishes:\n- A **Working with Children Check** framework specific to South Australia\n- Categories of people who are automatically or conditionally prohibited from child-related work\n- Obligations on **employers and organisations** that engage people in child-related roles\n- Penalties for prohibited persons who attempt to work with children, and for organisations that knowingly employ them\n\n**Who it affects:** Anyone working, volunteering, or seeking employment in roles involving contact with children in South Australia — including teachers, childcare workers, coaches, and healthcare providers — as well as the organisations that employ them.\n\n**Why it matters:** This Act is a key child protection mechanism. Breaching it can result in serious criminal penalties. If you need to rely on this Act, retrieve the current version directly from [legislation.sa.gov.au](https://www.legislation.sa.gov.au) or contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/child-safety-prohibited-persons-act-2016","history":"/api/acts/child-safety-prohibited-persons-act-2016/history","analysis":"/api/acts/child-safety-prohibited-persons-act-2016/analysis","conflicts":"/api/acts/child-safety-prohibited-persons-act-2016/conflicts","importantCases":"/api/acts/child-safety-prohibited-persons-act-2016/important-cases","documents":"/api/acts/child-safety-prohibited-persons-act-2016/documents"}}