It is an offence for an employer to employ a person in a prescribed position without first checking that the person has had a working with children check in the last 5 years and is not a prohibited person [Child Safety (Prohibited Persons) Act 2016 (SA) s 17].

It is also an offence for an employer to employ, or continue to employ, a prohibited person in a prescribed position [s 15(4)].

What is a prescribed position?

According to s 5 of the Child Safety (Prohibited Persons) Act 2016 (SA) and regulation 6 of the Child Safety (Prohibited Persons) Regulations 2019 (SA), prescribed positions include:

An employer must ensure that every person they employ in a prescribed position has a working with children check every 5 years [s 18].

The Working with Children Check Guidelines (July 2024) (PDF, 461KB) emphasise that employers have broader obligations to ensure their workplace is safe for children. Ensuring an employee working in a prescribed position has a current working with children check does not by itself discharge an employer's duty to determine that employee's suitability to work with children. Employers should conduct a range of checks and establish and maintain strategies to ensure child safe environments.