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Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
Part 13Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011
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Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011
67—Amendment of section 3—Interpretation
(1) Section 3(1)—after the definition of proceedings before the Board insert:
prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;
(2) Section 3(1)—after the definition of trustee services provider insert:
working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.
68—Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
(1) Section 13(1)—after paragraph (c) insert:
(ca) the Children and Young People (Safety) Act 2017; and
(2) Section 13(10)—delete "Children's Protection Act 1993" and substitute:
Child Safety (Prohibited Persons) Act 2016
69—Insertion of section 13A
After section 13 insert:
13A—Working with children checks
A reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person—
(a) in respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and
(b) who is not a prohibited person (within the meaning of that Act).
70—Amendment of section 22—Composition of Board
Section 22—after subsection (2) insert:
(2a) A person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.
71—Amendment section 23—Conditions of membership
(1) Section 23(3)—after paragraph (a) insert:
(ab) if a working with children check has not been conducted in relation to the member within the preceding 5 years; or
(2) Section 23(4)—after paragraph (c) insert:
(ca) becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or
72—Amendment of section 27—Registrars of Board
Section 27—after subsection (2) insert:
(2a) A person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years.
73—Amendment of section 28—Staff of Board
Section 28—after subsection (1) insert:
(1a) A person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years.