A person will be taken to be working with children if they run a business that provides, or they themselves provide, a service or undertake an activity that is child-related work* in the course of their employment (including those who are self-employed, contractors, ministers of religion or those engaged in the duties of a religious or spiritual vocation, students who undertake practical training, volunteers or those performing unpaid community work pursuant to an order of the court) [see Child Safety (Prohibited Persons) Act 2016 (SA) s 6(3) and 7]. Child-related work includes a range of services provided to children, but does not include personal or domestic arrangements [s 6(1)(n)].
Child-related work is defined to include the following services and activities [s 6(1)]:
Other services or activities in the course of which contact with children occurs only incidentally or would not reasonably be expected to occur will not be taken to be child-related work [s 6(1) (o)]. 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 (whether orally or in writing, electronically or otherwise) [Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 7(6)].
In addition, 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)].