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    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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