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How is "work with children" defined?

Under s 6(3) of the Child Safety (Prohibited Persons) Act 2016 (SA), a person will be taken to be working with children if they

  • provide a service or undertake an activity that is child-related work* in the course of their employment
  • run a business in which an employee works with children
  • live at a residential facility that cares for children [see Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 7(8)].

A person is employed for the purposes of determining whether they are working with children even if they are [Child Safety (Prohibited Persons) Act 2016 (SA) s 7]

  • self-employed
  • under a contract
  • a minister of religion or engaged in religious or spiritual duties
  • a student undertaking practical training
  • a volunteer or performing community work pursuant to a court order.

*Child-related work includes the following services and activities [s 6(1) and Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 7]:

  • accommodation and residential services for children
  • services or activities provided by religious organisations
  • childcare or child-minding services
  • child protection services
  • services or activities provided in the course of the operation of clubs and associations with a significant membership of, or involvement by, children
  • coaching or tuition services for children (including sports, recreational activities and cultural activities)
  • commercial services provided directly to children
  • disability services for children
  • education services for children (including preschool, primary education and secondary education, but not tertiary education)
  • health services for children
  • justice and detention services for children
  • transport services for children.

Child-related work does not include personal or domestic arrangements or services or activities where contact with children occurs incidentally [s 6(1)].

A person will be taken to have contact with a child if they have physical contact with the child, are in close proximity to the child or communicate with the child [Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 7(6)].

A service or activity will not be taken to be child-related work merely because a person employs a child in the course of the service or activity or undertakes the service or activity in the same capacity as the child to whom the service or activity relates [s 6(1a)].

The regulations may provide for any other service or activity to be included or excluded from the definition of child-related work [s 6(1)(m) and (p)].

How is \"work with children\" defined?  :  Last Revised: Wed Jul 31st 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.