The Screening Unit is not required to assess all assessable information relating to a person [Child Safety (Prohibited Persons) Act 2016 (SA) s 26(2)]. This may occur for any reason, but will most definitely occur where the person has been found guilty of a presumptive disqualification offence [s 26A].

Presumptive disqualification offences are declared under the Child Safety (Prohibited Persons) Regulations 2019 (SA). Under regulation 15A, they include a range of violent offences where the victim is an adult, such as murder, manslaughter, kidnapping, and sexual assault, and a number of other offences including where the victim is a child. They include a conspiracy or attempt to commit such offences, and aiding or abetting such offences. For a complete list of presumptive disqualification offences, see Appendix 2 of the Working with Children Check Guidelines (July 2024) (PDF, 461KB).

Importantly, a person who has been found guilty of a presumptive disqualification offence includes a person who has been charged with a prescribed offence (see Who is prohibited from working with children? for more information about prescribed offences) or a presumptive disqualification offence, where the charge has not yet been finally determined [s 26A(3)(b)].

A person who has been found guilty of a presumptive disqualification offence (within the meaning of s 26A(3)) is presumed to pose an unacceptable risk to children [s 26A(1)(a)]. The Screening Unit need not consider or assess any further information in relation to the application [s 26A(1)(b)].

The Screening Unit must determine that such a person is prohibited from working with children unless the person can satisfy the Unit under s 26A(1)(c) that

A person who the Screening Unit identifies as having been found guilty of a presumptive disqualification offence will be invited to make a submission to the Unit that addresses one or both of these matters.

A person seeking to argue that the circumstances of the presumptive disqualification offence are such that it should be disregarded [s 26A(1)(c)(i)] should consider addressing the following in their submission:

A person seeking to argue that exceptional circumstances exist such that they do not appear to, or no longer appear to, pose an unacceptable risk to children [s 26A(1)(c)(ii)] should consider addressing the following in their submission:

The Working with Children Check Guidelines (July 2024) (PDF, 461KB) provide further guidance to applicants who have been found guilty of a presumptive disqualification offence (see pages 10 to 14).