'Work on Application' provision

From 3 February 2022, some people who have applied for a Working with Children Check can start working with children while their application is still being processed.

This is called a ‘work on application’ provision.

The 'work on application' provision means workplaces can mobilise staff quickly and continue to deliver key services at this difficult time. Because children's safety is vital, safeguards are in place. These take the form of an eligibility test and supervision requirements.

The Government made these changes to increase workforce availability during the Covid-19 pandemic.

What does ‘work on application’ mean?

If you are eligible, you can work with children while the Screening Unit processes your application — as long as you are supervised by someone with valid Working with Children Check.

It does NOT mean you have a valid Working with Children Check, or that you have been cleared to work with children.

The Screening Unit will continue to process your application for a Working with Children Check. If they tell you that you are prohibited from working with children, you must stop immediately.

Who is eligible for the ‘work on application’ provision?

You can ‘work on application’ if:

• You have submitted a valid Working with Children Check application, and
• You have not been prohibited from working with children in South Australia or interstate, and
• You have not been charged with, or found guilty of, a prescribed or presumptive disqualification offence, and
• You are being supervised at work by a person with a valid Working with Children Check.

Prescribed offences

Prescribed offences are serious offences. If you are found guilty one of these offences, you cannot work with children. You will not receive a Working with Children Check. If you are charged with one of these offences you cannot ‘work on application’. The Screening Unit will start a detailed assessment of your application. In the end, you may or may not receive a Working with Children Check.

Examples of ‘prescribed offences’ include murder, kidnapping, and sexual offences, where the victim is a child.

Presumptive disqualification offences

Presumptive disqualification offences are also serious offences. If you are charged with, or have been found guilty of one of these offences, you cannot ‘work on application’. The Screening Unit will start a detailed assessment of your application. In the end, you may or may not receive a Working with Children Check.

Examples of ‘presumptive disqualification offences’ include murder, kidnapping, sexual offences, drug trafficking, robbery and animal cruelty.

Legislation

Child Safety (Prohibited Persons) Regulations

I am an employee. When can I begin to ‘work on application’?

After you have submitted your Working with Children Check application and the Screening Unit has considered your national criminal history record, you will receive an email to advise you that:

• you can ‘work on application’ as long as you are supervised by a person with a valid Working with Children Check

OR

• you cannot ‘work on application’ because of your criminal history.

Teachers and accredited drivers with the Department for Infrastructure and Transport

You cannot ‘work on application’ as a teacher or as an accredited driver with the Department for Infrastructure and Transport.

You must receive a Working with Children Check before starting work.

I am an employer. How do I know if my employee can ‘work on application’?

When your organisation submitted the application

The Screening Unit will consider the employee’s national criminal history record. You will receive an email to let you know if the person can ‘work on application’.

Everyone using the ‘work on application’ provision must be supervised by a person with a current Working with Children Check.

If the Screening Unit tells you, or your employee who is ‘working on application’, that they are not permitted to ‘work on application’, or are prohibited from working with children, then that person must immediately stop working with children.

When the employee submitted the application

Register an interest with the employee through your screening unit portal. This allows you to see whether the person is prohibited or cleared to work with children. If you do not have access to the portal, start the process to register your organisation.

Everyone using the ‘work on application’ provision must be supervised by a person with a current Working with Children Check.

You can check whether the person can ‘work on application’ while the Screening Unit is still working on the application, by emailing DHSScreeningUnit@sa.gov.au

If the Screening Unit tells your organisation, or your employee who is ‘working on application’, that they are not permitted to ‘work on application’, or are prohibited from working with children, then that person must immediately stop working with children.

I have applied for an NDIS worker check. Can I 'work on application'?

No. The 'work on application' provision only applies to Working with Children Check applications.

If your job requires you to have an NDIS worker check, you can NOT 'work on application'.