Child Safety (Prohibited Persons) Variation Regulations 2019 (SA)

South Australia

Child Safety (Prohibited Persons) Variation Regulations 2019

under the Child Safety (Prohibited Persons) Act 2016

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Child Safety (Prohibited Persons) Regulations 2019

4            Variation of regulation 6—Prescribed positions

5            Insertion of regulation 15A

15A         Presumptive disqualification offences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Child Safety (Prohibited Persons) Variation Regulations 2019.

2—Commencement

These regulations come into operation on the day that section 26A of the Child Safety (Prohibited Persons) Act 2016 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Child Safety (Prohibited Persons) Regulations 2019

4—Variation of regulation 6—Prescribed positions

Regulation 6—after paragraph (e) insert:

(f)a person employed by, or assigned to work in, the Office of the Director of Public Prosecutions as a witness assistance officer.

5—Insertion of regulation 15A

After regulation 15 insert:

15A—Presumptive disqualification offences

For the purposes of the definition of presumptive disqualification offence in section 26A(4) of the Act, the following offences are declared to be presumptive disqualification offences:

(a)an offence against a following provision of the Criminal Law Consolidation Act 1935 where the victim is an adult:

(i)section 11 (murder);

(ii)section 13 (manslaughter);

(iii)section 33A (female genital mutilation);

(iv)section 39 (kidnapping);

(v)section 48 (rape);

(vi)section 48A (compelled sexual manipulation);

(vii)section 51 (sexual exploitation of person with a cognitive impairment);

(viii)section 56 (indecent assault);

(ix)section 59 (abduction of male or female person);

(x)section 60 (procuring sexual intercourse);

(xi)section 72 (incest);

(b)an offence against section 270B of the Criminal Law Consolidation Act 1935 (assault with intent) with intent to commit an offence referred to in paragraph (a);

(c)an offence against a following provision of the Criminal Law Consolidation Act 1935 where the victim is a child:

(i)section 14 (criminal neglect);

(ii)section 33A (female genital mutilation);

(iii)section 33B (removal of child from State for genital mutilation);

(iv)section 137 (robbery);

(v)section 139A (dishonest communication with children);

(vi)section 142 (dishonest exploitation of position of advantage);

(d)an offence against a following provision of the Criminal Law Consolidation Act 1935:

(i)section 7 (treason);

(ii)section 69 (bestiality);

(e)an offence against section 37 of the Summary Offences Act 1953 (possession, production or distribution of extremist material);

(f)an offence against section 13 of the Animal Welfare Act 1985 (ill treatment of animals);

(g)an offence against a following provision of the Controlled Substances Act 1984:

(i)section 32 (trafficking);

(ii)section 33F (sale, supply or administration of controlled drug to child);

(iii)section 33G (sale, supply or administration of controlled drug in school zone);

(h)an offence against a law previously in force in this State that corresponds to an offence referred to in a preceding paragraph;

(i)an offence against the law of another State or Territory that corresponds to an offence referred to in any of the preceding paragraphs;

(j)an offence against a following provision of the Criminal Code of the Commonwealth:

(i)section 72.3;

(ii)section 80.1;

(iii)section 80.1AA;

(iv)section 80.1AC;

(v)section 80.2;

(vi)section 80.2A;

(vii)section 80.2B;

(viii)section 80.2C;

(ix)section 80.2D;

(x)section 83.1;

(xi)section 91.1;

(xii)section 91.2;

(xiii)section 91.3;

(xiv)section 91.6;

(xv)section 91.8;

(xvi)section 91.11;

(xvii)section 91.12;

(xviii)section 101.1;

(xix)section 101.2;

(xx)section 101.4;

(xxi)section 101.5;

(xxii)section 101.6;

(xxiii)section 102.2;

(xxiv)section 102.3;

(xxv)section 102.4;

(xxvi)section 102.5;

(xxvii)  section 102.6;

(xxviii) section 102.7;

(xxix)section 102.8;

(xxx)section 103.1;

(xxxi)section 103.2;

(xxxii)  section 271.2;

(xxxiii) section 271.3;

(k)an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraph (j);

(l)a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs;

(m)an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs;

(n)an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 27 June 2019

No 182 of 2019