Legislation relevant to the activities of the DCSI Screening Unit includes:
New Child Safety (Prohibited Persons) Act
In November 2016 new laws were passed in South Australia to strengthen background checks for people wanting to work or volunteer with children and young people.
The Child Safety (Prohibited Persons) Act 2016 will ensure 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 work or volunteer role in these circumstances.
While the Act has been passed, or ‘assented’, by Parliament, it has not yet commenced (ie the Act has not yet been implemented and the new system of working with children checks has not yet started). Organisations can continue with their normal staff or volunteering screening practices until the Act commences.
The Act lays the groundwork for change, but most of the finer detail will be contained in regulations, rather than in the Act itself. These regulations are being drafted at the moment, and community input will be sought on some elements.
For more information, please refer to the SA Attorney General's Department website.
Aged Care Act 1997
The Act is a key aspect of the legislative framework for Commonwealth-funded aged care services. The Accountability Principles (2014) set out information about what is required or permitted under the Act.
This Act is relevant in relation to Aged Care Sector Screening by the DCSI Screening Unit. Whether or not aged care sector screening is required in each specific circumstance depends on the type of workplace and the nature of the work or volunteer role.
Privacy Act 1998
The Australian Privacy Principles outline how government agencies, private sector and not-for-profit organisations are to handle, use and manage personal information. The Principles are set out in Schedule 1 of the Privacy Act 1998.
- Commonwealth legislation: go to www.comlaw.gov.au
- South Australian legislation: go to www.legislation.sa.gov.au
- Office of the Australian Information Commissioner
- Australian Government's Australian Institute for Family Studies
Pre-employment screening: Working With Children Checks and Police Checks