Child sex offenders would be barred from working in places that also hire underage employees, under new laws to be introduced to Parliament this week.
At present, people accused or convicted of child sex offences are only prevented from working in a narrow cohort of businesses that provide services directly to children - such as childcare, foster care, or coaching work.
This means that offenders are able to work in businesses that hire underage employees – such as hospitality and retail – leaving those children and young people at risk.
Under the Government's proposed laws, registered child sex offenders and persons accused of registrable offences would be unable to work in a business that hires underage workers, where the offender would be in contact with those children, regardless of whether it's in-person, over the phone or via email.
Registerable child sex offences include the persistent sexual abuse of a child, gross indecency, and the production or dissemination of child exploitation material.
This prohibition would not apply to employment where the workplace contact with a child was only ever fleeting or incidental, such as during a shift change.
Persons accused of registrable child sex offences who have underage co-workers would be required to notify their current employer within 7 days of being arrested.
The Bill allows for registered or accused child sex offenders to apply for a variation of this default condition, where it may be deemed that the person poses no risk to child employees in the particular circumstances. This would be up to the discretion of the bail authority for the accused offender, or the Commissioner of Police for convicted registered offenders.
As put by Kyam Maher
This is a clear flaw in our current laws and one this Government is absolutely committed to fixing.
Convicted or accused child sex offenders have no place working in positions where they could exploit or abuse more children.
These proposed laws will offer stronger protections for underage workers. The changes will mean registered child sex offenders and persons accused of registrable offences will be unable to work in a business that hires underage workers, where the offender would be in contact with those children.
Importantly, where someone working in such a position is accused of a child sex offence, they would need to notify their employer.
It's an important step forward in protecting our community, and particularly our young South Australians.
As put by Connie Bonaros MLC
In every other setting - except for employment settings where there is a child present - there are protections in our law.
Those very same protections do not exist in a young person's employment environment and that is completely unacceptable.
Many people in the community - including parents of working teenagers - would be horrified to learn this loophole even exists.
Protections exist for children in schools, at sporting clubs and in a big list of other settings – as the community would expect.
Children and young people are safeguarded in volunteer settings, in kindergartens and schools, in juvenile justice settings —they are safeguarded in every other setting except for work.
Once the work uniform goes on, it seems that child workers are no longer considered children except, of course, for the purposes of their pay rate.
The very same person who has been charged with a child sex offence - who is prevented from coaching a child at a swimming pool - would be able to put on a Macca's uniform, or any other uniform for that matter, and supervise the very same child at work.
I am proud to have played my part in better protecting our kids who deserve to be safe in any workplace.
As put by SDA Secretary Josh Peak
Child-sex offenders have no place working with children.
Young workers are already our most vulnerable. We must do everything we can to keep them safe.
This common-sense reform will make sure that people charged or convicted of child sex offences will no longer be permitted to work with or manage children.
The SDA first raised this issue with the former Liberal government in 2021, they refused to act.
It's great to see the Attorney-General Kyam Maher and Connie Bonaros MLC work together to take action to keep young workers safe.
