New Laws to Better Protect Children in Workplaces

In South Australia, it is now a serious offence for registered child sex offenders to apply for or engage in any type of child-related work. This includes jobs or volunteer roles in:

- Schools, preschools, or childcare centres
- Youth programs, sporting clubs, or religious organisations
- Hospitals or counselling services for children
- Retail, fast food, and transport businesses where children under 18 are employed

If they do, they could face up to 5 years in prison.

If you work with children, manage staff who do, or run a business employing under-18s, it’s important to understand these changes.

What Counts as “Child-Related Work”?

Child-related work includes any role where a person has regular contact with children, whether directly (like teaching or coaching) or indirectly (like working in a fast-food outlet with under-18s on staff).

From 1 July 2025, this now also includes businesses where children are employed, such as fast food chains or supermarkets.

New Disclosure Obligations

If someone has been arrested or reported for a serious child sex offence (even if not yet convicted), they must now:

- Tell their employer within 7 days
- Tell any future employer if applying for work with children
- Respond if police issue a notice asking for details about their work

Failing to do so could result in fines of up to $10,000 or 5 years in prison.

What’s a “Child Sex Offender Registration Order”?

Even if a person is not automatically placed on the child sex offender register, a court can still make them report to police if it believes they pose a risk to children.

This could happen if:
- They are found guilty of a lower-level offence
- The Magistrates Court issues a paedophile restraining order

What Is a “Serious Registrable Offender”?

This term applies to:
- Repeat offenders (offended multiple times or against very young children), or
- Anyone the Police Commissioner believes is at risk of reoffending

These individuals face stricter reporting rules, and the police may also require them to wear a tracking device.

Reporting to Police: Who, When and What?

If you’re a registrable offender, you must report certain personal information to police—such as your address, car details, online usernames, and contact with children—within strict timeframes, and every year after that.

Failing to comply can lead to a $25,000 fine or 5 years in jail.

If You Work with Kids: Know Your Rights and Risks

If you're an employer or team leader in any field involving kids you need to be aware of:
- Your right to know if someone applying for work has been charged
- Your responsibility to act on any disclosures
- The risk of employing someone who’s not legally allowed to be around children

Transitional Period

If a registered offender is already working in a business that employs children (like retail or hospitality), they have up to 6 months from 1 July 2025 to:
- Stop working in that role, or
- Apply for an exemption from the Police Commissioner

Exemptions, Modifications and Suspensions

In limited circumstances, a registrable offender may apply to the Commissioner of Police to either change their reporting obligations or be granted an exemption from this new ban on working in child-related roles.

From 1 July 2025, exemptions may be granted, however there is a strict criteria and applicant and may be required to undergo a risk assessment (at their own cost), and any decision can include conditions. Applications can only be made once every 12 months, and decisions can be appealed to the District Court.

The Commissioner can also suspend reporting requirements if the offender has a disability that makes reporting impossible and they pose no risk. Any exemptions, modifications or suspensions can be revoked if circumstances change or if the person is charged with another serious offence.

Publication and Other Legal Obligations

The Commissioner can publish details of a registrable offender if their location is unknown and they’ve failed to comply with their obligations or provided false information.

It is an offence to incite hatred or harass someone because they are a registrable offender, and it is also illegal to publish any identifying information without written Ministerial approval.

Name Changes and Household Notifications

A registrable offender must get written approval from the Commissioner of Police before applying to change their name. Not doing so can lead to a fine of $10,000 or 2 years in prison.

If a registrable offender lives or stays overnight where a child lives, they must inform the child’s parent or guardian about their offender status and the offences involved. Failing to do so can lead to a $25,000 fine or 5 years in prison.

Police Powers and Spent Convictions

Police have wide powers to ensure compliance with the law. They can:
- Stop and search a registrable offender and their belongings
- Enter and search their home or premises, including opening cupboards and accessing electronic devices

Offenders must provide passwords or codes for their devices if asked. Failing to comply is a criminal offence punishable by up to 2 years in prison.

Finally, even if a conviction becomes ‘spent’, it still counts as a registrable offence under this law.