skip to content

Refine results

Search by

Search by Algolia
     
    Law Handbook banner image

    What measures provide procedural fairness in the assessment?

    Under regulation 10(1)(a) and (b) of the Child Safety (Prohibited Persons) Regulations 2019 (SA), the Screening Unit must:

    • take reasonable steps to notify the person to whom the working with children check relates of the application (if they are not the applicant) and any assessable information known to the Unit,
    • specify a period within which the person may make submissions to the Unit in relation to the assessable information, and
    • have regard to any submissions the person provides within the specified period.

    This does not apply where [reg 10(2)]:

    • the Registrar is of the opinion, based on the assessable information available, that the person poses an immediate and serious risk to child safety
    • the assessable information consists of or includes information relating to a prescribed offence with which the person has been charged, but that has not yet been determined
    • the person is already a prohibited person
    • another circumstance exists as determined by the Registrar.

    If the Unit prohibits a person from working with children, the Unit must provide reasons in accordance with the Working with Children Check Guidelines (July 2024) (PDF, 461KB) [reg 10(1)(c) and s 4]. Section 10 of the Child Safety (Prohibited Persons) Act 2016 (SA) does, however, provide an exception to the requirement to provide reasons relating to criminal intelligence.

    What measures provide procedural fairness in the assessment?  :  Last Revised: Fri Aug 2nd 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.

    We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.


    South Australia flag     Aboriginal icon     Torres Straight icon     LGBT icon     Disability icon   Disability icon

    Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.

           Connect with us

    • Facebook icon
    • Twitter icon
    • YouTube
    • LinkedIn