Issuing a notice

If the Department of Human Services Screening Unit determines, under s 26(5), that a person is to be prohibited from working with children, the Unit must issue a prohibition notice to the person by serving it in accordance with s 51 of the Child Safety (Prohibited Persons) Act 2016 (SA) [see s 32(1) and reg 18(1)(b)].

In issuing a prohibition notice, the Unit must comply with the guidelines published in the Gazette [see reg 18(1)(c), s 4 and the Working with Children Check Guidelines (July 2024) (PDF, 461KB)]. The notice must include [s 32(2)(b), (c) and reg 18(2)]:

If the Unit's decision to issue a prohibition notice is based on information classified by the Commissioner of Police as criminal intelligence, the Unit does not need to provide reasons for the prohibition, other than that it would be contrary to the public interest to allow the person to work with children [s 10(1)]. Criminal intelligence includes information relating to actual or suspected criminal activity, the disclosure of which could prejudice a criminal investigation, identify a confidential source or endanger a person's life or physical safety [s 5]. Any argument in relation to this must, on the application of the Commissioner of Police, be held in private in the absence of the parties, and may be by way of affidavit [s 10(2)].

A prohibition notice will remain in force indefinitely, unless it is revoked [s 32(3)].

Revoking a notice

A prohibited person may apply to the Screening Unit to have their prohibition notice revoked [s 33]. They will only succeed if they can satisfy the Unit, under s 33(1)(b), that:

The Working with Children Check Guidelines (July 2024) (PDF, 461KB) explain what might constitute "fresh" and "compelling" assessable information and provide examples (see pages 33 and 34).

The Unit may also revoke a prohibition notice on its own motion.

The Screening Unit may only revoke a prohibition notice if their decision is the only reason the person is a prohibited person [s 33(1)(a)]. If a person is prohibited under a law of the Commonwealth or another State or Territory, or because they have been found guilty of a prescribed offence, the Unit cannot revoke their prohibition notice.

Revocation of the prohibition notice involves the Unit conducting a further working with children check and determining that the person is not prohibited [s 33(1)(c)].

The Screening Unit may refuse to consider an application to revoke a prohibition notice if an application to revoke has been considered within the previous 5 years [s 33(3)].

Reviews by the South Australian Civil and Administrative Tribunal

A prohibited person may apply to SACAT for a review of the decision to issue or revoke a prohibition notice [s 43]. An application for review must be made within 14 days of receiving notice of the Unit’s decision [s 43(2)]. SACAT will only allow this time to be extended if satisfied that special circumstances exist and another party will not be unreasonably disadvantaged by the delay [s 43(3)].

A fee is usually payable - see SACAT Fees.

For more information about applying to SACAT for a review of a decision to issue or revoke a prohibition notice, read the SACAT Fact Sheet - Working with Children Checks: Applying to SACAT to review a decision of the Central Assessment Unit (PDF, 270KB). The Legal Services Commission can also provide free legal advice. Call the legal helpline on 1300 366 424.