South Australian Current Acts South Australian Current Acts66—Offence to fail to disclose arrest or report
(1) A person engaged
in child-related work (including work under a contract for services) who is
arrested or reported for a class 1 or class 2 offence must disclose
that fact to his or her employer within 7 days after being so arrested or
reported or, in the case of a person so arrested or reported before the
commencement of this subsection, within 7 days after that commencement
(if he or she has not already disclosed that fact to his or her employer and
proceedings relating to the offence have not been finalised).
Maximum penalty: $5 000.
(2) A person who
applies for work (including work under a contract for services) that is
child-related work and who has been arrested or reported for a class 1 or
class 2 offence must, if proceedings in relation to the offence have not
been finalised, disclose the arrest or report to his or her prospective
employer at the time of making the application.
Maximum penalty: $5 000.
(3) A person who has
(whether before or after the commencement of this subsection) applied for work
(including work under a contract for services) that is child-related work and
who, while the application is still current, is arrested or reported for a
class 1 or class 2 offence must disclose that fact to his or her
prospective employer within 7 days after being so arrested or reported
or, in the case of a person so arrested or reported before the commencement of
this subsection, within 7 days after that commencement (if he or she has
not already disclosed that fact to his or her employer and proceedings
relating to the offence have not been finalised).
Maximum penalty: $5 000.
(4) This section does
not apply to a person arrested or reported for a class 1 or class 2
offence if that offence was allegedly committed by the person while he or she
was a child.
(5) The Commissioner
may give a person who is arrested or reported for a class 1 or
class 2 offence written notice (in a form determined by the Commissioner)
advising the person of—
(a) the
requirements under this section; and
(b) the
consequences that may arise if the person fails to comply with those
obligations.
(6) If a person is
given a notice under subsection (5), the Commissioner must ensure—
(a) that
a determination is made, within a reasonable time, as to whether to charge the
person with a class 1 or class 2 offence; and
(b) if a
determination is made that the person should not be charged with a
class 1 or class 2 offence, that the person is given written notice
of that determination.
(7) In proceedings for
an offence against this section, it is a defence to the charge for the accused
to prove that, at the time the offence against this section is alleged to have
been committed—
(a) he
or she had not received notice, and was otherwise unaware, of the obligation;
or
(b) he
or she did not know that the work was child-related work.
(8) In this
section—
"employer" includes any person for whom child-related work is performed.