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Can parents check whether a person working with their child has a check?

Yes, a person who is responsible for a child in respect of whom child-related work is being, or is about to be performed, may request the person who is performing the work to provide their full name and unique identifier (if any).

It will be an offence for the person performing the child-related work to refuse or fail to comply with the request. A person can comply with a request in accordance with a scheme set out in the regulations. The maximum penalty for this offence is $10,000 [s 44].

Anyone may inspect the records held by the screening unit to check whether someone is or was ever prohibited from working with children and/or when their working with children check was conducted [ss 34 and 35]. A person who inspects the records should be given some evidence of the fact that they inspected the records [s 35(3)].

It may be that a parent just asks whether the person who is working with their child has a current working with children check. In such cases, it would be an offence for a person to falsely represent that they themselves or someone else has had a working with children check in the last 5 years or that they are not a prohibited person. The maximum penalty for this offence is a fine of $50,000 or imprisonment for one year [s 45].

Can parents check whether a person working with their child has a check?  :  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.