Youth Justice Administration (Assessments) Variation Regulations 2018 (SA)

South Australia

Youth Justice Administration (Assessments) Variation Regulations 2018

under the Youth Justice Administration Act 2016

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Youth Justice Administration Regulations 2016

4            Insertion of regulation 18

18          Application of section 21A of Act

Part 1—Preliminary

1—Short title

These regulations may be cited as the Youth Justice Administration (Assessments) Variation Regulations 2018.

2—Commencement

These regulations will come into operation on the day that section 21A of the Youth Justice Administration Act 2016 (as enacted by the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017) 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 Youth Justice Administration Regulations 2016

4—Insertion of regulation 18

After regulation 17 insert:

18—Application of section 21A of Act

(1)For the purposes of section 21A(2) of the Act, the following persons and classes of persons are prescribed:

(a)persons who will not have contact with children, in the course of employment in a training centre or other facility, or whose contact with children in the course of such employment is incidental;

(b)persons whose contact with children in the course of the person's employment in a training centre or other facility only occurs under the supervision of another employee (being an employee has undergone an assessment under section 21A(1) of the Act);

(c)registered health practitioners in respect of whom a working with children check has been conducted within the preceding 5 years;

(d)registered teachers in respect of whom a working with children check has been conducted within the preceding 5 years;

(e)persons who, from time to time, are engaged by a training centre or other facility to provide maintenance or repair services,

however those classes do not include a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.

(2)For the purposes of section 21A(2) of the Act, the employment of a person in a training centre or other facility in the following circumstances is prescribed:

(a)where the person was employed in the training centre or other facility before the commencement of section 21A of the Act;

(b)where each of the following provisions apply in respect of the person's employment:

(i)the person is not an employee of the Department;

(ii)a working with children check has been conducted in respect of the person within the preceding 3 years;

(iii)the person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016;

(iv)the person has not previously been refused employment in a training centre or other facility, or had such employment terminated or suspended, on the basis of psychological or psychometric testing of any kind.

(3)For the purposes of subregulation (2), a person will be taken not to be employed in a training centre or other facility if the person—

(a)is, in respect of the services provided by the person at the training centre or other facility—

(i)employed by a person or body other than the Department; or

(ii)self‑employed; or

(iii)a volunteer; and

(b)is only taken to be employed by the Department by virtue of the operation of section 21A(5) of the Act.

(4)Subregulations (2) and (3) will expire 12 months after the day on which subregulation (2) comes into operation.

(5)In this regulation—

registered health practitioner means a registered health practitioner under the Health Practitioner Regulation National Law (South Australia);

registered teacher means—

(a)a registered teacher under the Teachers Registration and Standards Act 2004; or

(b)a person who holds a current special authority to teach under that Act.

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 5 July 2018

No 186 of 2018

DHSCS18002