Children's Protection Variation Regulations 2015 (SA)

South Australia

Children's Protection Variation Regulations 2015

under the Children's Protection Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Children's Protection Regulations 2010

4            Variation regulation 3—Interpretation

5            Variation of regulation 6—Manner in which assessment must be undertaken

6            Variation of regulation 8—Prescribed non-government organisations

7           Variation of regulation 10A—Prescribed functions

8            Variation of regulation 11A—Exempt persons

9            Variation of regulation 14—Exemptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Children's Protection Variation Regulations 2015.

2—Commencement

These regulations come into operation on the day on which they are made.

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 Children's Protection Regulations 2010

4—Variation regulation 3—Interpretation

1. Regulation 3(1), definition of child‑related employment screening—delete ", if appointed to, or engaged to act in, a position, pose a risk to the safety of children" and substitute:

   pose a risk to the safety of children if he or she—

   (a)is appointed to, or is engaged to act in, a prescribed position; or

   (b)were to perform a prescribed function,

   both within the meaning of section 8B of the Act;

2. Regulation 3(1)—after the definition of interstate spent conviction insert:

   prescribed passenger transport service means a service in which—

   (a)passengers are carried for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party) by means of a vehicle; and

   (b)the passengers are, or may include, children (whether or not any passengers so carried are, in fact, children);

   vehicle means—

   (a)a motor vehicle (within the meaning of the Passenger Transport Act 1994);

   (b)a vehicle drawn by an animal;

   but does not include a vehicle operated on a railway or tramway, a vessel or an aeroplane.

5—Variation of regulation 6—Manner in which assessment must be undertaken

1. Regulation 6(1)—delete "For" and substitute:

   Subject to subregulation (1aa), for

2. Regulation 6—after subregulation (1) insert:

   (1aa)For the purposes of section 8B of the Act, an assessment of the relevant history of a person who provides a prescribed passenger transport service is to be undertaken by having an authorised screening unit assess the relevant history of the person.

6—Variation of regulation 8—Prescribed non-government organisations

Regulation 8—delete "a non‑government organisation that provides disability services wholly or partly for children is a non‑government organisation of a prescribed class." and substitute:

the following classes of non-government organisation are prescribed:

(a)a non‑government organisation that provides disability services wholly or partly for children;

(b)a non‑government organisation that provides a prescribed passenger transport service.

7—Variation of regulation 10A—Prescribed functions

Regulation 10A(1)—delete subregulation (1) and substitute:

(1)For the purposes of paragraph (d) of the definition of prescribed functions in section 8B(8) of the Act, the following functions are prescribed:

(a)the provision of overnight care;

(b)the provision of a prescribed passenger transport service.

Note—

Section 8B or 8BA of the Act may still apply in relation to a particular service involving the transportation of children even though the service is not a prescribed passenger transport service.

8—Variation of regulation 11A—Exempt persons

Regulation 11A—after its present contents (now to be designated as subregulation (1)) insert:

(2)However, a person who provides a prescribed passenger transport service is excluded from the scope of subregulation (1)(a), whether or not he or she is a member of an organisation contemplated by section 8B(6) of the Act.

9—Variation of regulation 14—Exemptions

Regulation 14(2)—after paragraph (b) insert:

or

(c)involve the provision of a prescribed passenger transport service.

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 17 December 2015

No 251 of 2015