A person is a prohibited from working with children under the Child Safety (Prohibited Persons) Act 2016 (SA) if they [s 15(1)]:

This means that a person may be prohibited from working with children independently of a check.

It is an offence for a prohibited person to work with children. The maximum penalty for this offence is a fine of $50,000 or imprisonment for one year [s 15(3)].

What are prescribed offences?

Section 5 of the Act defines prescribed offences. They include a range of offences where the victim was a child, including a conspiracy or attempt to commit any of the following, or aiding or abetting the commission of any of the following:

There are some offences that are excluded from the definition by regulation 5(a) where the victim consented to the conduct constituting the offence and either the victim was not less than:

Spent convictions are also excluded from the definition of a prescribed offence, but may still form part of the assessable information for the purposes of a working with children check [Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 5(b)].