{"id":"child-safety-prohibited-persons-regulations-2019","name":"Child Safety (Prohibited Persons) Regulations 2019","slug":"child-safety-prohibited-persons-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235271,"registerId":"sa-child-safety-prohibited-persons-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Child Safety (Prohibited Persons) Regulations 2019","content":"South Australia\nChild Safety (Prohibited Persons) Regulations 2019\nunder the Child Safety (Prohibited Persons) Act 2016\n\nContents\n1\tShort title\n3\tInterpretation\n4\tProtected information\n5\tPrescribed offences\n6\tPrescribed positions\n7\tChild‑related work\n8\tAssessable information\n9\tExcluded persons\n10\tProcedural fairness\n11\tVerification that working with children check etc conducted\n12\tInformation to be contained in notice provided to central assessment unit by employer\n13\tPrescribed functions and powers\n14\tEvaluation of central assessment unit\n15\tNature of working with children check\n15A\tPresumptive disqualification offences\n16\tApplication for working with children check\n17\tAdvisory panel\n18\tProhibition notices\n19\tInspection of records management system\n20\tLimitations on inspection of records management system\n21\tKeeping of records by central assessment unit\n22\tCourt to notify central assessment unit\n23\tCommissioner of Police to notify central assessment unit\n24\tCertain persons to notify central assessment unit\n25\tCentral assessment unit to notify employer\n26\tExemptions\n27\tTemporary exemptions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Child Safety (Prohibited Persons) Regulations 2019.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Child Safety (Prohibited Persons) Act 2016;\nprescribed passenger transport service means a service in which—\n\t(a)\tpassengers are carried for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party) by means of a vehicle; and\n\t(b)\tthe passengers are, or may include, children (whether or not any passengers so carried are, in fact, children);\nprotected information means information that may, if disclosed—\n\t(a)\tprejudice a criminal investigation; or\n\t(b)\tprejudice an investigation or assessment being conducted, or likely to be conducted, under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017; or\n\t(c)\tidentify, or enable the identification of, a child who has been abused or neglected or is at risk of harm; or\n\t(d)\tidentify, or enable the identification of, a parent, guardian or family member of a child referred to in paragraph (c); or\n\t(e)\tidentify, or enable the identification of, a person who has made a report or notification that a child may be being abused or neglected, or may be at risk of harm (whether under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or otherwise); or\n\t(f)\tendanger a person's life or physical safety or wellbeing;\nrecords management system means the records management system established and maintained by the Registrar under section 34 of the Act;\nvehicle—\n\t(a)\tincludes a motor vehicle and a human powered vehicle or a vehicle drawn by an animal;\n\t(b)\tdoes not include—\n\t(i)\ta vessel, aeroplane, train or tram; or\n\t(ii)\tany other vehicle of a kind declared by the regulations not to be included in the ambit of this definition.\n4—Protected information\n\t(1)\tThe Registrar may, in accordance with any requirements set out in the guidelines, classify specified information as protected information.\n\t(2)\tIf the central assessment unit makes a decision under the Act to prohibit a person from working with children on the basis of information that is classified by the Registrar as protected information, 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(3)\tIn any proceedings under this Act, the court determining the proceedings—\n\t(a)\tmust, on the application of the Registrar, take steps to maintain the confidentiality of information classified by the Registrar as protected information, 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 Registrar by way of affidavit.\n5—Prescribed offences\nFor the purposes of the definition of prescribed offence in section 5 of the Act, the following offences are declared to be excluded from the ambit of that definition:\n\t(a)\tan offence referred to in that definition in relation to which each of the following provisions apply:\n\t(i)\tthe offence is—\n\t(A)\tan offence against section 49, 56, 58, 63 or 63A of the Criminal Law Consolidation Act 1935; or\n\t(B)\tan offence against section 74 of the Criminal Law Consolidation Act 1935 (as in force before the commencement of the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008); or\n\t(C)\tan offence against section 272.8(1), 272.9(1), 471.16(1), 471.17, 471.24(1), 471.25(1), 471.26, 474.19, 474.20, 474.25A(1), 474.26(1), 474.27(1) or 474.27A of the Criminal Code of the Commonwealth; or\n\t(D)\tan offence against section 272.14 or 272.15 of the Criminal Code of the Commonwealth where the sexual activity occurred, or was intended to occur, between the defendant and the victim and no other person; or\n\t(E)\tan offence referred to in paragraph (g), (h) or (j) of the definition of prescribed offence;\n\t(ii)\tthe victim in relation to the offence consented to the conduct constituting the offence;\n\t(iii)\teither—\n\t(A)\tat the time the offence was committed, the victim was not less than 15 years of age and the offender was 18 years of age; or\n\t(B)\tat the time the offence was committed, the victim was not less than 16 years of age and the offender was 19 years of age;\n\t(b)\tan offence of which a person is convicted where that conviction is spent pursuant to the Spent Convictions Act 2009 or a corresponding law within the meaning of that Act (however nothing in this subregulation prevents such a conviction or offence from comprising assessable information or otherwise being taken into account for the purposes of a working with children check).\n6—Prescribed positions\nFor the purposes of paragraph (b) of the definition of prescribed position in section 5 of the Act, the following positions and classes of position are prescribed:\n\t(a)\tevery position in the administrative unit of the Public Service assisting a Minister with the administration of the Act;\n\t(b)\tevery position in the administrative unit of the Public Service assisting a Minister with the administration of the Children and Young People (Safety) Act 2017;\n\t(c)\ta position in which a person is employed to provide preschool, primary or secondary education to a child (whether or not the person is a registered teacher);\n\t(d)\tRegistrar of the Teachers Registration Board;\n\t(e)\ta Registrar of the Education and Early Childhood Services Registration and Standards Board of South Australia;\n\t(f)\ta person employed by, or assigned to work in, the Office of the Director of Public Prosecutions as a witness assistance officer.\n7—Child‑related work\n\t(1)\tPursuant to section 6(2) of the Act—\naccommodation and residential services for children means—\n\t(a)\tservices provided at a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017); or\n\t(b)\tservices provided at a residential facility for children established under section 36 of the Family and Community Services Act 1972; or\n\t(c)\tservices provided by, or on behalf of, a licensed foster care agency (within the meaning of the Children and Young People (Safety) Act 2017); or\n\t(d)\tservices provided by an approved carer (within the meaning of the Children and Young People (Safety) Act 2017); or\n\t(e)\tservices consisting of care provided to a child overnight and involving sleeping arrangements (whether such care is provided on a short term or ongoing basis, and including such services provided in the course of an excursion or camp);\nchild protection services includes—\n\t(a)\tservices provided in the course of the exercise of a power or function under the Children and Young People (Safety) Act 2017; and\n\t(b)\tthe care of a child by an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care, guardianship or custody the child is placed under that Act; and\n\t(c)\tservices provided by a licensed foster care agency (within the meaning of the Children and Young People (Safety) Act 2017); and\n\t(d)\tany other service declared by the Minister to whom the administration of the Children and Young People (Safety) Act 2017 is committed by notice in the gazette to be included in the ambit of this definition;\ncoaching or tuition services means services provided to children consisting of instruction in 1 or more of the following areas:\n\t(a)\teducation;\n\t(b)\tsports;\n\t(c)\trecreational activities;\n\t(d)\tcultural awareness or cultural activities;\n\t(e)\tarts and crafts,\nand includes coaching or tuition services provided in the course of any other service or activity referred to in section 6(1) of the Act;\neducation services includes preschool, primary and secondary education, but does not include tertiary education;\njustice or detention services means—\n\t(a)\tthe exercise of a power or function under the Correctional Services Act 1982; or\n\t(b)\tthe exercise of a power or function under the Young Offenders Act 1993; or\n\t(c)\tthe exercise of a power or function under the Youth Court Act 1993; or\n\t(d)\tthe exercise of a power or function under the Youth Justice Administration Act 2016;\nservices or activities provided by religious organisations means services or activities provided by or on behalf of a religious organisation in the course of which an employee of the religious organisation has, or would reasonably be expected to have, contact with a child;\ntraining centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016;\ntransport services for children means a prescribed passenger transport service.\n\t(2)\tPursuant to section 6(2) of the Act, a reference to a religious organisation will be taken to include a reference to an organisation of, or providing services of, a spiritual or pastoral nature (however described).\n\t(3)\tPursuant to section 6(2) of the Act, a reference to clubs and associations will be taken to include a reference to a body (whether or not incorporated and however described) providing services or undertaking activities of a sporting, recreational, cultural or artistic nature.\n\t(4)\tPursuant to section 6(2) of the Act, a reference to commercial services provided directly to children will be taken to be a reference to—\n\t(a)\tthe sale or supply of goods or services in the course of which physical contact with children would reasonably be expected to occur; or\n\t(b)\trecreational services in the course of which contact with children would reasonably be expected to occur; or\nExample—\nServices such as a play gym.\n\t(c)\tentertainment services provided at, or in relation to, children's parties or events (however described); or\nExample—\nServices such as face painting or the hire of bouncing castles.\n\t(d)\tentertainment services consisting of a person appearing or performing as a costumed character intended or likely to appeal to children; or\nExample—\nServices such as a mascot of a sporting team, or acting as Santa Claus in a shopping centre.\n\t(e)\tphotography of children; or\n\t(f)\tcompetitions held primarily for children, or in which there is a category for entrants who are children; or\nExample—\nCompetitions such as beauty pageants and talent shows.\n\t(g)\tany other service declared by the Minister by notice in the gazette to be included in the ambit of this subregulation,\n(in each case being a service provided for payment or other consideration).\n\t(5)\tPursuant to section 6(2) of the Act, a reference to health services for children will be taken to include a reference to allied health services for children.\n\t(6)\tPursuant to section 6(2) of the Act, a person will be taken to have contact with a child if the person—\n\t(a)\thas physical contact with the child; or\n\t(b)\tis in close physical proximity to the child; or\n\t(c)\tcommunicates with the child (whether orally or by written, electronic or other means).\n\t(7)\tFor the purposes of section 6(1)(m) of the Act, the following services and activities are declared to be child‑related work:\n\t(a)\tthe provision of traffic control at, or other supervision of, school pedestrian crossings;\n\t(b)\tthe provision of services by a member of—\n\t(i)\tSAMFS; or\n\t(ii)\tSACFS; or\n\t(iii)\tSASES,\n(whether or not emergency services within the meaning of the Fire and Emergency Services Act 2005) that involve regular contact with children;\n\t(c)\tan emergency ambulance service provided, or purportedly provided, by a member of the SA Ambulance Service in accordance with the Health Care Act 2008;\n\t(d)\tan emergency or non-emergency ambulance service provided, or purportedly provided, in accordance with the Health Care Act 2008.\n\t(8)\tFor the purposes of section 6(3)(c) of the Act, the residing of an adult person in—\n\t(a)\ta licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017); or\n\t(b)\ta residential facility for children established under section 36 of the Family and Community Services Act 1972; or\n\t(c)\tresidential premises in which an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) provides care to a child or young person placed in their care under that Act,\nis declared to be included in the ambit of that subsection.\n8—Assessable information\nFor the purposes of section 8(1)(j) of the Act, the following information in relation to a person is declared to be assessable information:\n\t(a)\tinformation provided to the central assessment unit pursuant to a requirement under section 36 of the Act;\n\t(b)\tinformation provided to the central assessment unit pursuant to a requirement under section 37 of the Act;\n\t(c)\tinformation provided to the central assessment unit by the Commissioner of Police pursuant to section 39 of the Act;\n\t(d)\tinformation that relates to a restraining order under the Criminal Procedure Act 1921 issued against the person;\n\t(e)\tinformation that relates to an intervention order, associated order or interim intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 issued against the person;\n\t(f)\tany other information determined by the Registrar, in accordance with any requirements set out in the guidelines, to be assessable information. \n9—Excluded persons\n\t(1)\tFor the purposes of section 9(1)(e) of the Act, the following persons are declared to be included in the ambit of section 9(1) of the Act:\n\t(a)\ta person who is under 14 years of age;\n\t(b)\ta person who—\n\t(i)\tis a resident of another State or Territory; and\n\t(ii)\tis not prohibited under the law of the Commonwealth, or another State or Territory, from working with children (however described); and\n\t(iii)\tin the case of a resident of another State or Territory that has a working with children scheme—holds a current accreditation or is otherwise authorised under that working with children scheme to work with children; and\n\t(iv)\tis providing a service or activity (including, to avoid doubt, services or activities consisting of or including overnight excursion or stays, accommodation and residential services, or close personal contact with a child) in this State that is child‑related work where—\n\t(A)\tthe child‑related work occurs, or is to occur, in the course of an organised event; and\n\t(B)\tthe child‑related work does not exceed 10 consecutive days;\n\t(c)\ta person who—\n\t(i)\tis a parent or guardian of a child; and\n\t(ii)\tis providing a service or activity that is child‑related work on a voluntary basis to children where—\n\t(A)\tthe children to whom the service or activity is provided include the person's own child; and\n\t(B)\tthe service or activity does not consist of or include—\n\t•\taccommodation and residential services for a child other than the person's own child; or\n\t•\tclose personal contact with a child other than the person's own child.\n\t(2)\tFor the purposes of subregulation (1)(b), a reference to an organised event will be taken to be a reference to an event organised and run by an association, club or other body as part of the official activities of the body.\nExample—\nAn organised event would include, for example, the Australian Scout Jamboree organised by Scouts Australia.\n\t(3)\tIn this regulation—\nclose personal contact means—\n\t(a)\tan act involving an intimate bodily function such as using a toilet; or\n\t(b)\tan activity involving nudity, or exposure or partial exposure of the genitals, buttocks or breasts;\nparent, of a child, includes—\n\t(a)\ta step-parent of the child; and\n\t(b)\ta person who stands in loco parentis to the child;\nworking with children scheme, of another State or Territory, means a scheme under a law of that State or Territory that requires a person to be accredited or otherwise authorised in order to lawfully work with children.\n10—Procedural fairness\n\t(1)\tSubject to this regulation, for the purposes of section 11 of the Act, the central assessment unit and the Registrar (as the case requires) are required to provide procedural fairness in exercising powers or performing functions under the Act as follows:\n\t(a)\tin the case of a working with children check conducted on the application of the person to whom the working with children check relates—the central assessment unit must, in accordance with the guidelines—\n\t(i)\ttake reasonable steps to notify the person to whom the working with children check relates of any assessable information relating to the person that is known to the central assessment unit; and\n\t(ii)\tspecify a period within which the person may make submissions to the central assessment unit in respect of that assessable information; and\n\t(iii)\thave regard to any submissions made by the person within the specified period;\n\t(b)\tin the case of a working with children check where the applicant is not the person to whom the working with children check relates, or an additional working with children check conducted under section 30 of the Act—the central assessment unit must, in accordance with the guidelines—\n\t(i)\ttake reasonable steps to notify the person to whom the working with children check relates of the application and of any assessable information relating to the person that is known to the central assessment unit; and\n\t(ii)\tspecify a period within which the person may make submissions to the central assessment unit in respect of that assessable information; and\n\t(iii)\thave regard to any such submissions made by the person within the specified period;\n\t(c)\tsubject to the Act, the central assessment unit must, if it determines under section 26(5) that a person is to be prohibited from working with children, provide reasons for that determination to the person in accordance with the guidelines.\n\t(2)\tSubregulation (1)(a) and (b) do not apply in relation to the following matters:\n\t(a)\ta working with children check where the Registrar, based on the assessable information available to the Registrar, is of the opinion that the person to whom the working with children check relates poses an immediate and serious risk to the safety of a child or children;\n\t(b)\ta working with children check where the assessable information consists of or includes information relating to a prescribed offence with which the person to whom the working with children check relates has been charged, but that has not yet been determined;\n\t(c)\ta working with children check conducted in relation to a person who is a prohibited person;\n\t(d)\tany other matter determined by the Registrar to be included in the ambit of this subregulation,\n(and, to avoid doubt, neither the central assessment unit nor the Registrar need provide procedural fairness in relation to such matters).\n11—Verification that working with children check etc conducted\n\t(1)\tFor the purposes of sections 17(1)(b)(i) and 18(2)(a) of the Act, an employer verifies that a working with children check has been conducted in relation to a person within the preceding 5 years by—\n\t(a)\taccessing the records management system in accordance with any instructions of the Registrar; and\n\t(b)\tinterrogating the records management system in accordance with any instructions of the Registrar to determine the following information relating to the person:\n\t(i)\twhether there is an entry in the records management system recording that a working with children check has ever been conducted in relation to the person; and\n\t(ii)\tif a working with children check has been conducted in relation to the person—the date on which the most recent working with children check was conducted in relation to the person; and\n\t(c)\tobtaining evidence of the interrogation of the records management system in accordance with regulation 19.\n\t(2)\tFor the purposes of sections 17(1)(b)(ii) and 18(2)(b) of the Act, an employer verifies that a person is not a prohibited person by—\n\t(a)\taccessing the records management system in accordance with any instructions of the Registrar; and\n\t(b)\tinterrogating the records management system in accordance with any instructions of the Registrar to determine whether there is an entry in the records management system recording that the person is prohibited from working with children; and\n\t(c)\tobtaining evidence of the interrogation of the records management system in accordance with regulation 19.\n\t(3)\tTo avoid doubt, an employer may comply with the requirements under section 17(1)(b) and 18(2) of the Act in the course of a single interrogation of the records management system.\n12—Information to be contained in notice provided to central assessment unit by employer\nFor the purposes of section 19(2)(c) of the Act, a notice under section 19(1) of the Act is required to contain the following information:\n\t(a)\tthe name and address of the person to whom the notice relates;\n\t(b)\tthe unique identifier of the person to whom the notice relates (if known by the employer);\n\t(c)\tinformation setting out the circumstances that gave rise to the obligation to give the notice;\n\t(d)\tthe name and address of the employer;\n\t(e)\tthe telephone number and email address (if any) of the employer.\n13—Prescribed functions and powers\nFor the purposes of section 23(2) of the Act, the following functions and powers are prescribed:\n\t(b)\tthe determination of information as assessable information under regulation 8(f);\n\t(c)\tthe determination of matters to be included in the ambit of regulation 10(2).\n14—Evaluation of central assessment unit\n\t(1)\tFor the purposes of section 24 of the Act, the operations and performance of the central assessment unit must be reviewed in accordance with the following provisions:\n\t(a)\ta review must be conducted by a person or body (the independent reviewer) appointed by the Minister to conduct the review, being a person or body who is independent of the Minister and an administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\n\t(b)\ta review must be conducted at least once in each 5 year period following the day on which section 24 of the Act comes into operation;\n\t(c)\ta review is to relate to—\n\t(i)\tin the case of the first review—the period since section 24 of the Act came into operation; or\n\t(ii)\tin the case of subsequent reviews—the period since the previous review;\n\t(d)\tthe independent reviewer must consider such matters as may be specified by the Minister, and may consider any other matter the independent reviewer considers relevant to the operations and performance of the central assessment unit;\n\t(e)\tthe independent reviewer must, as soon as is reasonably practicable after completing the review, cause a written report of the findings of the review to be prepared;\n\t(f)\tthe independent reviewer must, as soon as is reasonably practicable after completing the report, provide the Minister with a copy of the report.\n\t(2)\tThe Registrar must, at the written request of the independent reviewer, provide to the independent reviewer—\n\t(a)\ta report addressing the matters specified by independent reviewer; and\n\t(b)\tsuch other information as may reasonably be required by the independent reviewer for the purposes of the review.\n15—Nature of working with children check\nFor the purposes of section 26(4) of the Act, a working with children check must be conducted in accordance with the following requirements:\n\t(a)\tthe central assessment unit should, as far as is reasonably practicable, actively seek to obtain assessable information in relation to the person in respect of whom the working with children check is to be conducted;\n\t(b)\texcept where the person is a prohibited person, the central assessment unit must, in a case where there is no assessable information relating to a person in respect of whom a working with children check is conducted, determine that the person is not to be prohibited from working with children.\n15A—Presumptive disqualification offences\nFor the purposes of the definition of presumptive disqualification offence in section 26A(4) of the Act, the following offences are declared to be presumptive disqualification offences:\n\t(a)\tan offence against a following provision of the Criminal Law Consolidation Act 1935 where the victim is an adult:\n\t(i)\tsection 11 (murder);\n\t(ii)\tsection 13 (manslaughter);\n\t(iii)\tsection 33A (female genital mutilation);\n\t(iv)\tsection 39 (kidnapping);\n\t(v)\tsection 48 (rape);\n\t(vi)\tsection 48A (compelled sexual manipulation);\n\t(vii)\tsection 51 (sexual exploitation of person with a cognitive impairment);\n\t(viii)\tsection 56 (indecent assault);\n\t(ix)\tsection 59 (abduction of male or female person);\n\t(x)\tsection 60 (procuring sexual intercourse);\n\t(xi)\tsection 72 (incest);\n\t(b)\tan offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in paragraph (a);\n\t(c)\tan offence against a following provision of the Criminal Law Consolidation Act 1935 where the victim is a child:\n\t(i)\tsection 14 (criminal neglect);\n\t(ii)\tsection 33A (female genital mutilation);\n\t(iii)\tsection 33B (removal of child from State for genital mutilation);\n\t(iv)\tsection 137 (robbery);\n\t(v)\tsection 139A (dishonest communication with children);\n\t(vi)\tsection 142 (dishonest exploitation of position of advantage);\n\t(d)\tan offence against a following provision of the Criminal Law Consolidation Act 1935:\n\t(i)\tsection 7 (treason);\n\t(ii)\tsection 69 (bestiality);\n\t(e)\tan offence against section 37 of the Summary Offences Act 1953 (possession, production or distribution of extremist material);\n\t(f)\tan offence against section 13 of the Animal Welfare Act 1985 (ill treatment of animals);\n\t(g)\tan offence against a following provision of the Controlled Substances Act 1984:\n\t(i)\tsection 32 (trafficking);\n\t(ii)\tsection 33F (sale, supply or administration of controlled drug to child);\n\t(iii)\tsection 33G (sale, supply or administration of controlled drug in school zone);\n\t(h)\tan offence against a law previously in force in this State that corresponds to an offence referred to in a preceding paragraph;\n\t(i)\tan offence against the law of another State or Territory that corresponds to an offence referred to in any of the preceding paragraphs;\n\t(j)\tan offence against a following provision of the Criminal Code of the Commonwealth:\n\t(i)\tsection 72.3;\n\t(ii)\tsection 80.1;\n\t(iii)\tsection 80.1AA;\n\t(iv)\tsection 80.1AC;\n\t(v)\tsection 80.2;\n\t(vi)\tsection 80.2A;\n\t(vii)\tsection 80.2B;\n\t(viii)\tsection 80.2C;\n\t(ix)\tsection 80.2D;\n\t(x)\tsection 83.1;\n\t(xi)\tsection 91.1;\n\t(xii)\tsection 91.2;\n\t(xiii)\tsection 91.3;\n\t(xiv)\tsection 91.6;\n\t(xv)\tsection 91.8;\n\t(xvi)\tsection 91.11;\n\t(xvii)\tsection 91.12;\n\t(xviii)\tsection 101.1;\n\t(xix)\tsection 101.2;\n\t(xx)\tsection 101.4;\n\t(xxi)\tsection 101.5;\n\t(xxii)\tsection 101.6;\n\t(xxiii)\tsection 102.2;\n\t(xxiv)\tsection 102.3;\n\t(xxv)\tsection 102.4;\n\t(xxvi)\tsection 102.5;\n\t(xxvii)\tsection 102.6;\n\t(xxviii)\tsection 102.7;\n\t(xxix)\tsection 102.8;\n\t(xxx)\tsection 103.1;\n\t(xxxi)\tsection 103.2;\n\t(xxxii)\tsection 271.2;\n\t(xxxiii)\tsection 271.3;\n\t(k)\tan offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraph (j);\n\t(l)\ta conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;\n\t(m)\tan offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs; \n\t(n)\tan offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs.\n16—Application for working with children check\n\t(1)\tPursuant to section 27(2) of the Act, an application for a working with children check in respect of a particular person may be made for or on behalf of the person by the person's employer.\n\t(2)\tPursuant to section 27(2) of the Act, if an employer makes an application for a working with children check for or on behalf of a person, the employer must notify the person of the making of the application.\n\t(3)\tPursuant to section 27(2) of the Act, if an application for a working with children check in respect of a particular person is made but, before a working with children check is conducted in relation to the application the person to whom the application relates becomes a prohibited person, the central assessment unit need not conduct, or continue to conduct, a working with children check in relation to the application.\n\t(4)\tFor the purposes of section 27(4)(a) of the Act, a receipt in a form approved by the Minister is prescribed.\n17—Advisory panel\n\t(1)\tPursuant to section 31(2) of the Act, the Minister may establish an advisory panel to advise or assist the central assessment unit in the performance of its functions under the Act.\n\t(2)\tThe advisory panel consists of such members as the Minister thinks fit.\n\t(3)\tA member of the advisory panel will hold office on conditions, and for a term, determined by the Minister.\n\t(4)\tA member of the advisory panel (not being a member who is a member of the Public Service) is entitled to such allowances and expenses as may be determined by the Minister.\n\t(5)\tSubject to any direction of the Minister, the advisory panel may determine its own procedures.\n18—Prohibition notices\n\t(1)\tFor the purposes of section 32(1) of the Act, the issuing of a prohibition notice by the central assessment unit must comply with the following provisions:\n\t(a)\ta prohibition notice must be issued as soon as is reasonably practicable after the determination under section 26(5) of the Act to which the notice relates;\n\t(b)\tthe central assessment unit issues a prohibition notice to a person by serving the notice in accordance with section 51 of the Act;\n\t(c)\tthe central assessment unit must, in issuing a prohibition notice, comply with the guidelines.\n\t(2)\tFor the purposes of section 32(2)(c)(iv) of the Act, a prohibition notice must, subject to section 10 of the Act and regulation 4, set out the following information:\n\t(a)\tthe reasons why the central assessment unit determined that the person to whom the prohibition notice relates is to be prohibited from engaging in child‑related work;\n\t(b)\tinformation setting out how the person to whom the prohibition notice relates can seek a review of the decision to issue the notice by the South Australian Civil and Administrative Tribunal.\n\t(3)\tTo avoid doubt, a prohibition notice may contain such other information as the central assessment unit thinks fit.\n19—Inspection of records management system\n\t(1)\tFor the purposes of section 35(3) of the Act, a person who has interrogated the records management system must be issued with a certificate of interrogation setting out—\n\t(a)\tthe name of the person who interrogated the records management system; and\n\t(b)\tthe full name and unique identifier of the person to whom the interrogation relates; and\n\t(c)\tthe time and date of the interrogation.\n\t(2)\tA certificate of interrogation may contain such other information as the Registrar thinks fit (including, to avoid doubt, information as to whether the person to whom the interrogation relates is a prohibited person). \n\t(3)\tA certificate of interrogation—\n\t(a)\tmust be in a form approved by the Minister; and\n\t(b)\tmay be issued in a manner determined by the Registrar (including, to avoid doubt, by electronic means).\n20—Limitations on inspection of records management system\nFor the purposes of section 35(4) of the Act, the Registrar may limit access by a person, or class of persons, to a specified part or parts of the records management system, or to specified information recorded on the records management system, if the Registrar determines that such access—\n\t(a)\twould disclose information classified as criminal intelligence; or\n\t(b)\twould disclose information classified as protected information; or\n\t(c)\twould otherwise not be appropriate.\n21—Keeping of records by central assessment unit\n\t(1)\tThe central assessment unit may keep information, documents or other records received by the central assessment unit in the course of performing its functions and powers under the Act indefinitely (however, nothing in this regulation requires the central assessment unit to do so).\n\t(2)\tThe central assessment unit may, in accordance with any requirements set out in the guidelines, dispose of information, documents or other records received by the central assessment unit in the course of performing its functions and powers under the Act.\n22—Court to notify central assessment unit\n\t(1)\tFor the purposes of section 38 of the Act, the following information relating to a finding of guilt is prescribed:\n\t(a)\tthe full name, address and date of birth of the person found guilty of the prescribed offence;\n\t(b)\tinformation setting out particulars of each prescribed offence of which the person was found guilty;\n\t(c)\tthe date on which the person was found guilty of the prescribed offence;\n\t(d)\tthe court that made the finding of guilt.\n\t(2)\tFor the purposes of section 38 of the Act, a court that finds a person guilty of a prescribed offence must provide the information prescribed by subregulation (1) to the central assessment unit in a manner and form determined by the Registrar.\n23—Commissioner of Police to notify central assessment unit\n\t(1)\tFor the purposes of section 39(1)(a) of the Act, the following information is prescribed:\n\t(a)\tthe full name, address and date of birth (if known) of the person charged;\n\t(b)\tdetails of the charge and a description of any alleged conduct to which the charge relates.\n\t(2)\tFor the purposes of section 39(1) of the Act, the Commissioner of Police must provide the information prescribed by subregulation (1) to the central assessment unit in a manner and form determined by the Registrar.\n24—Certain persons to notify central assessment unit\nFor the purposes of section 40(2)(c) of the Act, the following information is prescribed:\n\t(a)\tthe full name, address, date of birth and unique identifier of the person to whom the notice relates;\n\t(b)\tthe name and address of each current employer of the person to whom the notice relates;\n\t(c)\tinformation setting out details of the occurrence to which the notice relates.\n25—Central assessment unit to notify employer\nFor the purposes of section 41(2)(b) of the Act, the following information is prescribed:\n\t(a)\tthe full name and unique identifier of the person to whom the notification relates;\n\t(b)\tinformation explaining the operation of Part 4 of the Act.\n26—Exemptions\nPursuant to section 53(2)(a) of the Act, the following persons are exempt from the operation of Part 4 of the Act:\n\t(a)\ta person in whose care a child or young person removed under the Children and Young People (Safety) Act 2017 is placed under section 77 of that Act;\n\t(b)\tthe employer of a person referred to in paragraph (a) in relation to such a placement;\n\t(c)\ta person residing in premises in which a child or young person referred to in paragraph (a) is placed.\n27—Temporary exemptions\n\t(1)\tThis regulation applies to—\n\t(a)\ta person—\n\t(i)\twho has applied for a working with children check in accordance with the Act (whether before or after the commencement of this regulation); and\n\t(ii)\tin respect of whom a working with children check was previously conducted within the 5 years immediately preceding the making of the application; and\n\t(iii)\twhose application had not been completed by the central assessment unit before the fifth anniversary of the conduct of the previous working with children check; or\n\t(b)\tany other person determined by the Registrar by instrument in writing to be a person to whom this section applies,\n(however this regulation does not apply to a person who is, or has ever been, a prohibited person).\n\t(2)\tThis regulation ceases to apply to a person—\n\t(a)\tin the case of a person referred to in subregulation (1)(a)—on the completion of a working with children check in respect of the person (including, to avoid doubt, a working with children check referred to in section 28 or 30); and\n\t(b)\tin the case of a person referred to in subregulation (1)(b)—\n\t(i)\ton the completion of a working with children check in respect of the person; or\n\t(ii)\tif the written instrument specifies a date on which this regulation ceases to apply to the person—on that date; or\n\t(iii)\tif the person contravenes a condition of the exemption; or\n\t(iv)\tif the written instrument specifies an event on the occurrence of which this regulation ceases to apply to the person—on the occurrence of that event,\nwhichever occurs first; and\n\t(c)\tin any case—if the person becomes a prohibited person.\n\t(3)\tA person to whom this regulation applies is exempt from the operation of section 16 of the Act.\n\t(4)\tAn exemption under this regulation relating to a person referred to in subregulation (1)(b) is subject to such conditions as may be specified by the Registrar in the written instrument.\n\t(5)\tThe employer of a person to whom this regulation applies is exempt from the operation of the following provisions of the Act to the extent that the provision relates to that person:\n\t(a)\tsection 17(1)(b)(i);\n\t(b)\tsection 18(1);\n\t(c)\tsection 18(2)(a).\n\t(6)\tAn exemption under subregulation (5) ceases to have effect in relation to a person to whom this regulation applies if this regulation ceases to apply to the person.\n\t(7)\tThe central assessment unit is exempt from the operation of sections 41(1)(b) and 42(1)(b) of the Act in respect of a person to whom this regulation applies (however, nothing in this subregulation prevents the central assessment unit from nevertheless complying with those requirements).\n\t(8)\tFor the purposes of this regulation, a person will be taken to have made an application for a working with children check on the day on which a receipt is issued to the person in accordance with section 27(4)(a) of the Act.\nLegislative history\nNotes\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 these regulations (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 regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n5\nGazette 17.1.2019 p145 \n1.7.2019: r 2\n2019\n182\nGazette 27.6.2019 p2571\n1.7.2019: r 2\n2020\n36\nGazette 2.4.2020 p660\n2.4.2020: r 2\n2020\n73\nGazette 21.5.2020 p2474\n21.5.2020: r 2\n2022\n8\nGazette 3.2.2022 p216\n3.2.2022: r 2\n2022\n77\nGazette 1.9.2022 p5831\n1.9.2022: r 2\n2023\n120\nGazette 14.12.2023 p4136\n30.6.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2022\nr 6\nvaried by 182/2019 r 4\n1.7.2019\nr 13\n(a) deleted by 120/2023 r 3\n30.6.2024\nr 15A\ninserted by 182/2019 r 5\n1.7.2019\nr 18\n\n\nr 18(1)\namended by 8/2022 r 3\n3.2.2022\nr 27 before insertion by 8/2022\ninserted by 36/2020 r 4\n2.4.2020\n\nexpired: r 27(5)—omitted under Legislation Revision and Publication Act 2002\n(30.9.2020)\nr 27(5)\ninserted by 73/2020 r 4\n21.5.2020\nr 27 before substitution by 77/2022\ninserted by 8/2022 r 4\n3.2.2022\n\nwill expire: r 27(5)\n(3.2.2023)\nr 27\nsubstituted by 77/2022 r 3\n1.9.2022\n\nsubstituted by 120/2023 r 4\n30.6.2024\nHistorical versions\n1.7.2019\n\n2.4.2020\n\n21.5.2020\n\n3.2.2022\n\n1.9.2022\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations do not alter the statutory reach of the Act but prescribe how it is applied. They operationalise the Act by specifying definitions, lists of offences and positions, procedural requirements for checks and notifications, record and access rules, exemptions and review arrangements (notably regs 5, 6, 7, 15A, 11, 4). In other words, they clarify and implement the Act’s scope rather than expanding or contracting the primary statutory authority."},"complexity_factors":["Extensive cross‑reference to the parent Act and multiple external Acts (Criminal Law Consolidation Act, Criminal Code (Cth), Intervention Orders, Spent Convictions) increases legal mapping complexity (regs 5, 15A, 22–24).","Numerous detailed definitions and category lists that determine coverage (child‑related work, prescribed positions, excluded persons) require factual application (reg 7, reg 6, reg 9).","Significant administrative discretion granted to the Registrar and central assessment unit (classification of protected information, limiting access, determinations of assessable information) creates scope for case‑by‑case decision‑making (regs 4, 8, 13, 20).","Procedural fairness is qualified and in some cases excluded (immediate risk, pending charges, protected information), requiring careful procedural compliance (reg 10).","Complex operational rules for employers: how to verify checks via the records management system, certificate of interrogation, and required notice contents impose administrative burdens (regs 11, 12, 19).","Multiple notification channels and prescribed information flows from courts, police and third parties to the central assessment unit create data‑sharing obligations (regs 22–25).","Record‑keeping and retention powers (indefinite retention allowed subject to guidelines) plus access limits pose data governance and privacy complexity (reg 21, reg 20).","Exemptions and temporary exemptions introduce conditional carve‑outs and transitional rules that affect employer and central assessment unit obligations (regs 26–27).","Review, advisory and evaluation mechanisms (advisory panel, independent reviewer) layer additional oversight and reporting obligations (regs 14, 17)."],"plain_english_summary":"These regulations set out how South Australia’s Child Safety (Prohibited Persons) Act operates in practice: they define what counts as child‑related work, list prescribed offences and positions, prescribe how working‑with‑children checks are done, require employer verification and notices, set record‑keeping and notification rules, and permit the Registrar to classify \"protected information\" and limit disclosure. They affect employers, workers and agencies dealing with children. Employers bear verification and notification costs; the Registrar and the central assessment unit make prohibition decisions and may limit procedural fairness where information is protected (regs 4, 10, 11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and enacted provisions is possible on the information available."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its content","Cannot assess true complexity, cross-references, defined terms, or operational provisions without the text","Complexity score reflects the limitation of the available information, not the instrument itself — regulations of this type are typically moderate in complexity (4–6/10) in practice"],"plain_english_summary":"These regulations implement the Child Safety (Prohibited Persons) Act 2016 by prescribing how the screening scheme operates in practice — who and which roles are covered, how assessments and applications work, fees, record‑keeping, and possible exemptions. They affect anyone who works or volunteers with children in South Australia, and organisations that engage them, by determining who may be legally barred from child‑related roles."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the Child Safety (Prohibited Persons) Act 2016. They operationalise the Act's framework by prescribing specific offences, positions, procedural details, and exemptions without significantly expanding beyond the Act's established purposes of creating a working with children check system and protecting children from prohibited persons."},"complexity_factors":["Extensive cross-referencing to multiple Acts: Criminal Law Consolidation Act 1935, Children's Protection Act 1993, Children and Young People (Safety) Act 2017, Criminal Code of the Commonwealth, and at least 8 other statutes","Nested conditional logic in regulation 5: complex age-based exceptions to sexual offence exclusions requiring simultaneous satisfaction of multiple criteria (consent, specific age brackets, specific offence categories)","27 defined terms in interpretation section (regulation 3), many themselves requiring further definition through external legislation","Presumptive disqualification offences (regulation 15A) comprise 14 categories with 50+ specific offence provisions, including corresponding offences from other jurisdictions and inchoate offences (conspiracy, attempt, aiding/abetting)","Multiple exemption schemes operating simultaneously: general exemptions (regulation 26), temporary exemptions (regulation 27 with 8 sub-clauses and cascading conditions), and excluded persons (regulation 9 with residency-based conditions)","Procedural fairness exceptions (regulation 10(2)) create four alternative pathways bypassing normal natural justice requirements","Delegated legislative power scattered throughout: Minister can declare services by gazette (reg 7(1)(c), 7(4)(g)), Registrar can determine assessable information (reg 8(f)), matters bypassing procedural fairness (reg 10(2)(d)), and temporary exemption classes (reg 27(1)(b))","Complex temporal calculations: 5-year validity periods, 10-day consecutive limits for interstate workers, anniversary-based expiry triggers (regulation 27)","Dual verification pathways for employers (regulation 11) with alternative compliance methods","Protected information scheme (regulation 4) creates parallel confidential processes with court-specific procedural modifications"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for South Australia's working with children check system. They explain who needs to be checked, what crimes disqualify someone from working with kids, how employers verify someone's clearance status, and how the government handles sensitive information about child safety risks.\n\n**Who it affects:**\n\n- **Anyone working with children** in South Australia — including teachers, coaches, childcare workers, foster carers, religious leaders, and even people in roles like school crossing supervisors or costumed entertainers at kids' parties\n- **Employers** who must verify that staff have valid working with children checks\n- **The Central Assessment Unit** — the government body that runs the checking system\n- **Parents and volunteers** — some are exempt from needing checks in specific circumstances\n\n**Key things the rules cover:**\n\n- **What counts as \"child-related work\"** — this is broader than you might expect. It includes not just obvious roles like teaching and childcare, but also things like photography of children, commercial entertainment services (think Santa Claus at shopping centres or face painters), transport services where kids might be passengers, and emergency services that involve regular contact with children\n\n- **Who is automatically banned** — the regulations list specific serious crimes that create a presumption someone cannot work with children, including murder, sexual assault, kidnapping, female genital mutilation, terrorism offences, and serious drug trafficking\n\n- **Exceptions for some offences** — surprisingly, certain sexual offences are *excluded* from automatically triggering a ban if the victim consented and was close in age to the offender (15+ with 18-year-old, or 16+ with 19-year-old)\n\n- **Protected information** — the Registrar can classify sensitive information (like details of child abuse investigations or informant identities) as protected. If someone is banned based on this information, they might not be told the full reasons why, and courts must keep this information confidential\n\n- **How employers check** — employers must access a central database to verify if someone has a current check and isn't banned. They get a certificate proving they checked\n\n- **Exemptions** — children under 14 don't need checks. Neither do parents volunteering at activities where their own child participates (as long as there's no overnight accommodation or close personal contact with other children). People from other states with equivalent checks can work here for up to 10 days at organised events\n\n- **Procedural fairness** — generally, people must be told what information is being considered about them and given a chance to respond before being banned. But this doesn't apply if there's an immediate risk to children, or if the person has been charged with a serious offence that hasn't gone to court yet\n\n**Why it matters:**\n\nThese regulations determine who can legally work with children in South Australia. Getting it wrong means either putting children at risk, or unfairly preventing someone from working. The rules try to balance child safety with fairness — though the \"protected information\" provisions mean some people may never know exactly why they were banned."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/child-safety-prohibited-persons-regulations-2019","history":"/api/acts/child-safety-prohibited-persons-regulations-2019/history","analysis":"/api/acts/child-safety-prohibited-persons-regulations-2019/analysis","conflicts":"/api/acts/child-safety-prohibited-persons-regulations-2019/conflicts","importantCases":"/api/acts/child-safety-prohibited-persons-regulations-2019/important-cases","documents":"/api/acts/child-safety-prohibited-persons-regulations-2019/documents"}}