Must employers check that employees have obtained a check?
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 that the person 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 are prescribed positions?
According to s 5 of the Child Safety (Prohibited Persons) Act 2016 (SA) and reg 6 of the Child Safety (Prohibited Persons) Regulations 2019 (SA), positions which are prescribed include:
- a position in which a person works, or is likely to work, with children
- every position in the public service administering the Child Safety (Prohibited Persons) Act 2016 (SA) or the Children and Young People (Safety) Act 2017 (SA)
- a position in which a person is employed to provide preschool, primary or secondary education to a child (whether or not the person is a registered teacher)
- Registrar of the Teachers Registration Board
- Registrar of the Education and Early Childhood Services Registration and Standards Board of South Australia
- a person employed in the Office of the Director of Public Prosecutions as a witness assistance officer.
A working with children check must be conducted in relation to the person every 5 years [s 18].
Employers may wish to ensure their employees have obtained a check even if an employee is not being employed in a prescribed position.
Must employers check that employees have obtained a check? : Last Revised: Tue Oct 31st 2023
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