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How is "work with children" defined?

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)]:

  • accommodation and residential services for children
  • services or activities provided by religious organisations
  • childcare or child-minding services
  • child protection services
  • services or activities provided in the course of the operation of clubs and associations with a significant membership of, or involvement by, children
  • coaching or tuition services for children
  • commercial services provided directly to children
  • disability services for children
  • education services for children
  • health services for children
  • justice and detention services for children
  • transport services for children, and
  • any other service or activity declared by the regulations to be child-related work.

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)].

How is \"work with children\" defined?  :  Last Revised: Fri Jun 28th 2019
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.