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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Rights of Foster Parents and
Guardians) Bill 2014
A BILL FOR
An Act to amend the Births,
Deaths and Marriages Registration Act 1996 and the Family
and Community Services Act 1972.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Births, Deaths and
Marriages Registration Act 1996
4Insertion of Part 6 Division
3A
Division 3A—Notification by foster
parents and legal guardians
38ANotification by foster parents and legal
guardians
5Amendment of section
39—Registration
Part 3—Amendment of Family and
Community Services Act 1972
6Insertion of section
47A
47ARights of foster
parents in relation to funerals
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Rights of Foster
Parents and Guardians) Act 2014.
This Act will come into operation 6 months after the day on which it
is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Births, Deaths and Marriages Registration
Act 1996
4—Insertion
of Part 6 Division 3A
Part 6—after Division 3 insert:
Division 3A—Notification by foster parents and
legal guardians
38A—Notification by foster parents and legal
guardians
(1) A person may give
notice to the Registrar that a person named in the notice was a foster parent or
legal guardian (other than a parent) of a person who has died (whether at the
time of death or at an earlier time).
(2) A notice under
subsection (1)
must—
(a) be given as soon as reasonably practicable after the death of the
deceased; and
(b) be in writing in a form approved by the Registrar; and
(c) include the information required by the Registrar.
(3) The Registrar may require a person giving notice under
subsection (1)—
(a) to provide further specified information or documents within a
specified time; and
(b) to verify, by statutory declaration, information provided for the
purposes of the notice.
(4) In this section—
foster parent has the same meaning as under the Family
and Community Services Act 1972.
5—Amendment
of section 39—Registration
Section 39—after subsection (2) insert:
(3) If the Registrar has received notice under section 38A, and the
Registrar thinks it is appropriate in the circumstances, the Registrar may
include the name of a foster parent or legal guardian of the deceased in the
entry in the Register relating to the death of the deceased.
Part 3—Amendment
of Family and Community Services
Act 1972
After section 47 insert:
47A—Rights of foster parents in relation to
funerals
(1) If a foster child dies while in the care of an approved foster parent,
the person who is responsible for arranging the deceased's funeral and for the
disposal of the deceased's remains must consult with the foster parent about
those arrangements, unless the foster parent indicates that he or she does not
wish to be consulted.
(2) If a person who has been in foster care dies, any person who has been
the foster parent of the deceased may attend the funeral of the
deceased.