Disability Services (Assessment of Relevant History) (Exemptions) Variation Regulations 2020 (SA)

South Australia

Disability Services (Assessment of Relevant History) (Exemptions) Variation Regulations 2020

under the Disability Services Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Disability Services (Assessment of Relevant History) Regulations 2014

4            Insertion of regulations 15 and 16

15          Exemption—working with children check conducted

16          Exemption—application for assessment of relevant history pending

Part 1—Preliminary

1—Short title

These regulations may be cited as the Disability Services (Assessment of Relevant History) (Exemptions) Variation Regulations 2020.

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 Disability Services (Assessment of Relevant History) Regulations 2014

4—Insertion of regulations 15 and 16

After regulation 14 insert:

15—Exemption—working with children check conducted

A responsible authority for a prescribed disability service provider is exempt from the requirement under section 5B(1) of the Act to ensure that an assessment of a person's relevant history is undertaken before the person is appointed to, or engaged to act in, a prescribed position if—

(a)a working with children check (within the meaning of the Child Safety (Prohibited Persons) Act 2016) has been carried out in relation to the person within the preceding 5 years; and

(b)the person is not a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016.

16—Exemption—application for assessment of relevant history pending

(1)A responsible authority for a prescribed disability service provider is exempt from the requirement under section 5B(1) of the Act to ensure that an assessment of a person's relevant history is undertaken before the person is appointed to, or engaged to act in, a prescribed position if—

(a)an application for an assessment of the person's relevant history has been made to an authorised screening unit; and

(b)the assessment of the person's relevant history has not yet been undertaken by the authorised screening unit; and

(c)the person is supervised while acting in the prescribed position by a prescribed supervisor.

(2)An exemption conferred under subregulation (1) remains in force—

(a)for a period of 6 months from the time the application was made to the authorised screening unit; or

(b)until an assessment of the person's relevant history is undertaken by the authorised screening unit,

whichever is the earlier.

(3)In this regulation—

child‑related employment screening has the same meaning as in regulation 14;

prescribed supervisor means a person in relation to whom—

(a)an assessment of relevant history has been undertaken within the preceding 3 years;

(b)a child-related employment screening has been carried out within the preceding 3 years;

(c)a working with children check (within the meaning of the Child Safety (Prohibited Persons) Act 2016) has been conducted within the preceding 5 years.

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 2 April 2020

No 37 of 2020