Legislation relevant to the Catholic Archdiocese of Adelaide around the requirements for screening are as follows:
- Children’s Protection Act 1993
(due to be repealed by Sch1 cl 2A of the Children and Young People (Safety) Act 2017 on 22/10/2018)
- Children’s Protection Regulations 2010
(date of expiry under the Children’s Protection Act 1993 on 01/09/2021)
- Spent convictions Act 2009
- Spent convictions Regulations 2011
- New Child Safety (Prohibited Persons) Act 2016
In November 2016 new laws were passed in South Australia to strengthen background checks for people working of volunteering with children and young people.
The Child Safety (Prohibited Persons) Act 2016 ensures that a person who is assessed as being of high risk to the safety of children will be prohibited from working or volunteering with them. It will be an offence for an organisation to engage a person in a paid or volunteer role in the event that they have been prohibited from doing so in accordance with the Act.
While the Act has been passed or ‘assented’ by Parliament, it has not yet commenced (e.g. the Act has not yet been implemented and the new system of working with children checks has not yet started).
The Act lays the groundwork for changes but most of the detail is contained in the regulations, rather than the Act itself. The regulations are currently still being drafted.