Under section 16 of the Child Safety (Prohibited Persons) Act 2016 (SA), it is an offence for a person to work with children in South Australia without having obtained a working with children check in the last 5 years. The maximum penalty for a first or second offence is a fine of $20,000 and for a third or subsequent offence, a fine of $50,000 or imprisonment for 1 year.

The current working with children check scheme commenced on 1 July 2019. A person cannot legally work with children while waiting for a working with children check to be processed. However, a person may be permitted to continue working with children after the expiry of their existing working with children check. To continue working, the person must have reapplied for a working with children check before their check expired and must have obtained a working with children check in the previous 5 years [Child Safety (Prohibited Persons) Regulations 2019 (SA) reg 27(1)(a)]. If a person has not reapplied for a working with children check before theirs has expired, they may seek an exemption from the Registrar [reg 27(1)(b)]. People seeking to continue working on reapplication should check with their employer to confirm eligibility.

For more information about working with children checks, see the Working with Children Check Guidelines (July 2024) (PDF, 461KB), visit the Department of Human Services Screening Unit website or seek legal advice.