Materials for clubs
From 1 July 2019, people volunteering with children in South Australia must, by law, have a valid child-related clearance.
Who needs a working with children check from 1 July 2019?
People need a working with children check if they are in a ‘prescribed position’. This means people who:
- are in paid or volunteering roles where it is reasonably foreseeable that they will work with children, this includes;
- Trainers/First Aid provider
- Any person that has contact with or to a child’s personal details.
- run or manage a business where the employees or volunteers work with children;
A working with children check(WWCC) assesses whether a potential employee or volunteer could pose a risk to the safety of children, based on criminal history and child protection information.
Football Federation SA had required all volunteers with direct contact to children or their personal details, to provide a National Police Certificate to their club or association. Volunteers that have a National Police Certificate that does not expire, will be valid for working with children until 1 July 2020.
You don’t need a working with children check if you:
- work for SA Police or the Australian Federal Police;
- work in the same capacity as a child (e.g. you work at a checkout in a supermarket that also hires people under 18 in the same type of role);
- don’t think you will work with children for more than seven days (consecutive or not) in a calendar year*;
- live interstate, have a current child-related check from your home state, and are working at an organised event in South Australia lasting no more than 10 consecutive days;
- are under the age of 14.
*The seven-day exclusion does not apply if the person is involved with an overnight activity (e.g. end of season camp), or has close contact with children with disability.
Child Safety Laws
The new, stronger laws for people volunteering with children were recommended as part of federal and South Australian royal commissions and help keep children safe in our community.
The requirement to have a valid child-related clearance from 1 July 2019, such as a working with children check, is covered by the following legislation:
- Child Safety (Prohibited Persons) Act 2016 (the Prohibited Persons Act)
- Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (the Transition Act)
- Child Safety (Prohibited Persons) Regulations 2019
With the new laws:
- only the South Australian DHS Screening Unit can do a working with children check (organisations can no longer do their own background screening of workers and volunteers);
- some work-types that didn't require checks to work with children under the old laws now have to have a working with children check;
- individuals can do their own application for a new working with children check, which helps make people job-ready;
- new working with children checks are portable between roles and jobs across South Australia;
- the new working with children checks are valid for five years and are continuously monitored.
It is an offence to:
- work or volunteer in a child-related role without a working with children check;
- work or volunteer in a child-related role if you are 'prohibited from working with children;
- employ a person or volunteer for a child-related role who doesn’t have a valid working with children check or is prohibited from working with children.
Offences carry fines of up to $120,000 and/or prison sentences.
What to do?
If you have a National Police Certificate, this will be valid as a working with children check until 1 July 2020.
If you do not have a National Police Certificate or it will expire prior to 1 July 2020, you will need to apply for a new working with children check online at