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
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