Department of Human Services

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Child Safe Environment Definitions

7—Child-related work

(1)         Pursuant to section 6(2) of the Act—

"accommodation and residential services for children" means—

(a)         services provided at a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017 ); or

(b)         services provided at a residential facility for children established under section 36 of the Family and Community Services Act 1972 ; or

(c)         services provided by, or on behalf of, a licensed foster care agency (within the meaning of the Children and Young People (Safety) Act 2017 ); or

(d)         services provided by an approved carer (within the meaning of the Children and Young People (Safety) Act 2017 ); or

(e)         services consisting of care provided to a child overnight and involving sleeping arrangements (whether such care is provided on a short term or ongoing basis, and including such services provided in the course of an excursion or camp);

"child protection services" includes—

(a)         services provided in the course of the exercise of a power or function under the Children and Young People (Safety) Act 2017 ; and

(b)         the care of a child by an approved carer (within the meaning of the Children and Young People (Safety) Act 2017 ) in whose care, guardianship or custody the child is placed under that Act; and

(c)         services provided by a licensed foster care agency (within the meaning of the Children and Young People (Safety) Act 2017 ); and

(d)         any other service declared by the Minister to whom the administration of the Children and Young People (Safety) Act 2017 is committed by notice in the gazette to be included in the ambit of this definition;

"coaching or tuition services" means services provided to children consisting of instruction in 1 or more of the following areas:

(a)         education;
(b)         sports;
(c)         recreational activities;
(d)         cultural awareness or cultural activities;
(e)         arts and crafts,

and includes coaching or tuition services provided in the course of any other service or activity referred to in section 6(1) of the Act;

"education services" includes preschool, primary and secondary education, but does not include tertiary education;

"justice or detention services" means—

(a)         the exercise of a power or function under the Correctional Services Act 1982 ; or
(b)         the exercise of a power or function under the Young Offenders Act 1993 ; or
(c)         the exercise of a power or function under the Youth Court Act 1993 ; or
(d)         the exercise of a power or function under the Youth Justice Administration Act 2016 ;

"services or activities provided by religious organisations" means services or activities provided by or on behalf of a religious organisation in the course of which an employee of the religious organisation has, or would reasonably be expected to have, contact with a child;

"training centre" means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016 ;

"transport services for children" means a prescribed passenger transport service.

(2)         Pursuant to section 6(2) of the Act, a reference to a "religious organisation" will be taken to include a reference to an organisation of, or providing services of, a spiritual or pastoral nature (however described).

(3)         Pursuant to section 6(2) of the Act, a reference to "clubs and associations will be taken to include a reference to a body (whether or not incorporated and however described) providing services or undertaking activities of a sporting, recreational, cultural or artistic nature.

(4)         Pursuant to section 6(2) of the Act, a reference to "commercial services provided directly to children" will be taken to be a reference to—

(a)         the sale or supply of goods or services in the course of which physical contact with children would reasonably be expected to occur; or
(b)         recreational services in the course of which contact with children would reasonably be expected to occur; or

Example—

Services such as a play gym.

(c)         entertainment services provided at, or in relation to, children's parties or events (however described); or

Example—

Services such as face painting or the hire of bouncing castles.

(d)         entertainment services consisting of a person appearing or performing as a costumed character intended or likely to appeal to children; or

Example—

Services such as a mascot of a sporting team, or acting as Santa Claus in a shopping centre.

(e)         photography of children; or

(f)         competitions held primarily for children, or in which there is a category for entrants who are children; or

Example—

Competitions such as beauty pageants and talent shows.

(g)         any other service declared by the Minister by notice in the gazette to be included in the ambit of this subregulation,

(in each case being a service provided for payment or other consideration).

(5)         Pursuant to section 6(2) of the Act, a reference to "health services for children will be taken to include a reference to allied health services for children.

(6)         Pursuant to section 6(2) of the Act, a person will be taken to have "contact" with a child if the person—

(a)         has physical contact with the child; or
(b)         is in close physical proximity to the child; or
(c)         communicates with the child (whether orally or by written, electronic or other means).

(7)         For the purposes of section 6(1)(m) of the Act, the following services and activities are declared to be child-related work:

(a)         the provision of traffic control at, or other supervision of, school pedestrian crossings;
(b)         the provision of services by a member of—

(i)         SAMFS; or
(ii)         SACFS; or
(iii)         SASES,

(whether or not emergency services within the meaning of the Fire and Emergency Services Act 2005 ) that involve regular contact with children;

(c)         an emergency ambulance service provided, or purportedly provided, by a member of the SA Ambulance Service in accordance with the Health Care Act 2008 ;
(d)         an emergency or non-emergency ambulance service provided, or purportedly provided, in accordance with the Health Care Act 2008 .

(8)         For the purposes of section 6(3)(c) of the Act, the residing of an adult person in—

(a)         a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017 ); or
(b)         a residential facility for children established under section 36 of the Family and Community Services Act 1972 ; or
(c)         residential premises in which an approved carer (within the meaning of the Children and Young People (Safety) Act 2017 ) provides care to a child or young person placed in their care under that Act,

is declared to be included in the ambit of that subsection.

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"Unless an exemption applies"

9—Meaning of excluded person

(1) For the purposes of this Act, the following persons are excluded persons:

(c) a member of South Australia Police or the Australian Federal Police;

(d) a person to whom subsection (3) applies;

(e) any other person of a class declared by the regulations to be included in the ambit of this subsection.

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‘Risk of harm’ instead of ‘Abuse and neglect’

17—Meaning of harm

(1) For the purposes of this Act, a reference to harm will be taken to be a reference to physical harm or psychological harm (whether caused by an act or omission) and, without limiting the generality of this subsection, includes such harm caused by sexual, physical, mental or emotional abuse or neglect.

(2) In this section— psychological harm does not include emotional reactions such as distress, grief, fear or anger that are a response to the ordinary vicissitudes of life.

18—Meaning of at risk

(1) For the purposes of this Act, a child or young person will be taken to be at risk if—

(a) the child or young person has suffered harm (being harm of a kind against which a child or young person is ordinarily protected); or

(b) there is a likelihood that the child or young person will suffer harm (being harm of a kind against which a child or young person is ordinarily protected); or

(c) there is a likelihood that the child or young person will be removed from the State (whether by their parent or guardian or by some other person) for the purpose of—

(i) being subjected to a medical or other procedure that would be unlawful if performed in this State (including, to avoid doubt, female genital mutilation); or

(ii) taking part in a marriage ceremony (however described) that would be a void marriage, or would otherwise be an invalid marriage, under the Marriage Act 1961 of the Commonwealth; or

(iii) enabling the child or young person to take part in an activity, or an action to be taken in respect of the child or young person, that would, if it occurred in this State, constitute an offence against the Criminal Law Consolidation Act 1935 or the Criminal Code of the Commonwealth; or

(d) the parents or guardians of the child or young person—

(i) are unable or unwilling to care for the child or young person; or

(ii) have abandoned the child or young person, or cannot, after reasonable inquiry, be found; or

(iii) are dead; or

(e) the child or young person is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or

(f) the child or young person is of no fixed address; or

(g) any other circumstances of a kind prescribed by the regulations exist in relation to the child or young person.

(2) It is immaterial for the purposes of this Act that any conduct referred to in subsection (1) took place wholly or partly outside this State.

(3) In assessing whether there is a likelihood that a child or young person will suffer harm, regard must be had to not only the current circumstances of their care but also the history of their care and the likely cumulative effect on the child or young person of that history.

(4) In this section— female genital mutilation means—

(a) clitoridectomy; or

(b) excision of any other part of the female genital organs; or

(c) a procedure to narrow or close the vaginal opening; or

(d) any other mutilation of the female genital organs,

but does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose; sexual reassignment procedure means a surgical procedure to give a female, or a person whose sex is ambivalent, genital characteristics, or ostensible genital characteristics, of a male.

(5) A medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality.

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Sole trader (also includes partnerships)

A sole trader is a person who is the only owner who controls and manages a business.

A partnership is an arrangement between two or more parties to manage a business.

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Single organisation

A single entity formed as a company or corporation.

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Representative body

An organisation that represents smaller-sized enterprises or, for sporting clubs, a representative body is the overarching peak organisation that represents affiliated sporting member clubs.

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Phone 8463 6468
Email dhs.childsafe@sa.gov.au

Page last updated : 12 Aug 2021

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