South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017

TABLE OF PROVISIONS

           Long Title

           Chapter 1--Preliminary

   1.      Short title
   3.      Act to bind, and impose criminal liability on, the Crown

           Chapter 2--Guiding principles for the purposes of this Act

   PART 1--The importance to the State of children and young people

   4.      Parliamentary declaration
   5.      Duty to safeguard and promote the welfare of children and young people
   6.      Interaction with other Acts

   PART 2--Priorities in the operation of this Act

   7.      Safety of children and young people paramount
   8.      Other needs of children and young people
   9.      Early intervention

   PART 3--Principles to be applied in operation of this Act

   10.     Principles of intervention
   11.     Placement principles
   12.     Aboriginal and Torres Strait Islander Child Placement Principle

   PART 4--Charter of Rights for Children and Young People in Care

   13.     Charter of Rights for Children and Young People in Care

   PART 5--Additional functions of Minister

   14.     Additional functions of Minister
   15.     Additional annual reporting obligations

           Chapter 3--Interpretation

   16.     Interpretation
   17.     Meaning of harm
   18.     Meaning of at risk
   19.     Minister may publish policies

           Chapter 4--Managing risks without removing child or young person from their home

   PART 1--Child and Family Assessment and Referral Networks

   20.     Minister may establish Child and Family Assessment and Referral Networks

   PART 2--Family group conferences

   21.     Purpose of family group conferences
   22.     Chief Executive or Court may convene family group conference
   23.     Who may attend a family group conference
   24.     Procedures at family group conference
   25.     Review of arrangements
   26.     Chief Executive etc to give effect to decisions of family group conference
   27.     Statements made at family group conference not admissible

   PART 3--Case planning

   28.     Chief Executive to prepare case plan in respect of certain children and young people
   29.     Chief Executive etc to give effect to case plan

           Chapter 5--Children and young people at risk

   PART 1--Reporting of suspicion that child or young person may be at risk

   30.     Application of Part
   31.     Reporting of suspicion that child or young person may be at risk

   PART 2--Responding to reports etc that child or young person may be at risk

   32.     Chief Executive must assess each report indicating child or young person may be at risk
   33.     Chief Executive may refer matter
   34.     Chief Executive may investigate circumstances of a child or young person
   35.     Chief Executive may direct that child or young person be examined and assessed
   36.     Chief Executive may direct person to undergo certain assessments
   37.     Random drug and alcohol testing
   38.     Chief Executive may direct certain persons to undertake rehabilitation program
   39.     Forensic materials not to be used for other purposes and test results inadmissible in other proceedings
   40.     Destruction of forensic material

   PART 3--Removal of child or young person

   41.     Removal of child or young person
   42.     Action following removal of child or young person
   43.     Custody of removed child or young person

   PART 4--Chief Executive to assume guardianship of child or young person where parent found guilty of certain offences

   44.     Interpretation
   45.     Temporary instruments of guardianship
   46.     Restraining notices
   47.     Court may extend period
   48.     Certain information to be provided to Chief Executive

           Chapter 6--Court orders relating to children and young people

   PART 1--Applications for Court orders

   49.     Who may make application for Court orders
   50.     When application can be made for Court orders
   51.     Parties to proceedings
   52.     Copy of application to be served on parties

   PART 2--Orders that can be made by Court

   53.     Orders that may be made by Court
   54.     Consent orders
   55.     Variation, revocation or discharge of orders
   56.     Adjournments
   57.     Court not bound by rules of evidence
   58.     Standard of proof
   59.     Onus on objector to prove order should not be made
   60.     Orders for costs
   61.     Non-compliance with orders

   PART 3--Child or young person to be heard in proceedings

   62.     Views of child or young person to be heard

   PART 4--Representation of children and young people

   63.     Legal practitioners to comply with this section when representing child or young person
   64.     Limitations on orders that may be made if child or young person unrepresented

   PART 5--Miscellaneous

   65.     Conference of parties
   66.     Interested persons may be heard
   67.     Court may refer a matter to a family group conference
   68.     Effect of guardianship order

           Chapter 7--Children and young people in care

   PART 1--Approved carers

           Division 1--Preliminary

   69.     Interpretation
   70.     Chief Executive may establish different categories of approved carers

           Division 2--Approval of carers

   71.     Out of home care only to be provided by approved carers
   72.     Approval of carers
   73.     Ongoing reviews of approved carers
   74.     Cancellation of approval
   75.     Certain information to be provided to Chief Executive
   76.     Delegation of certain powers to approved carer

           Division 3--Temporary placement of child or young person where approved carer not available

   77.     Temporary placement of child or young person where approved carer not available

           Division 4--Information and involvement in decision-making

   78.     Interpretation
   79.     Approved carers to be provided with certain information prior to placement
   80.     Children and young people to be provided with certain information prior to placement
   81.     Approved carers to be provided with certain information
   82.     Approved carers entitled to participate in decision-making process
   83.     Non-compliance with Division not to invalidate placement

   PART 2--Children and young people in Chief Executive's custody or guardianship

   84.     Chief Executive's powers in relation to children and young people in Chief Executive's custody or guardianship
   85.     Review of circumstances of prescribed child or young person
   86.     Direction not to communicate with, be in company of, harbour or conceal child or young person
   87.     Offence of harbouring, concealing etc absent child or young person
   88.     Unlawful taking of child or young person

   PART 3--Transition to long-term guardianship

   89.     Certain approved carers may apply to Chief Executive to seek long-term guardianship order
   90.     Long-term care plan to be prepared
   91.     Chief Executive to apply to Court for order to place child or young person under long-term guardianship

   PART 4--Contact arrangements in respect of children and young people

   92.     Application of Part
   93.     Contact arrangements to be determined by Chief Executive
   94.     Contact Arrangements Review Panel
   95.     Review by Contact Arrangements Review Panel

   PART 5--Voluntary custody agreements

   96.     Voluntary custody agreements

   PART 6--Foster care agencies

   97.     Interpretation
   98.     Foster care agencies to be licensed
   99.     Licence to carry on business as foster care agency
   100.    Cancellation of licence
   101.    Record keeping
   102.    Ongoing reviews of approved carers by agency

   PART 7--Licensed children's residential facilities

   103.    Interpretation
   104.    Children's residential facilities to be licensed
   105.    Licence to operate children's residential facility
   106.    Cancellation of licence
   107.    Persons not to be employed in licensed children's residential facility unless they have been assessed
   108.    Record keeping
   109.    Child protection officer may inspect licensed children's residential facility
   110.    Chief Executive to hear complaints

   PART 7A--Assessment of employees in other residential facilities

   110A.   Persons not to be employed in certain residential facilities unless assessed

   PART 8--Provision of assistance to care leavers

   111.    Chief Executive to assist persons leaving care
   112.    Minister to arrange assistance for eligible care leavers

   PART 9--Miscellaneous

   112A.   Chief Executive may provide assistance to persons caring for children and young people
   113.    Agreement for funeral arrangements of children and young people in care

           Chapter 8--Providing safe environments for children and young people

   114.    Certain organisations must have policies and procedures to ensure safe environments provided
   115.    Policies and procedures to be reviewed

           Chapter 9--Child and Young Person's Visitor scheme

   116.    Interpretation
   117.    Child and Young Person's Visitor
   118.    Functions and powers
   119.    Reporting obligations

           Chapter 10--Transfer of certain orders and proceedings between South Australia and other jurisdictions

   PART 1--Preliminary

   120.    Purpose of Chapter
   121.    Interpretation

   PART 2--Administrative transfer of child protection order

   122.    When Chief Executive may transfer order
   123.    Persons whose consent is required
   124.    Chief Executive to have regard to certain matters
   125.    Notification to child, parents and guardians
   126.    Review of decision may be sought

   PART 3--Judicial transfer of child protection order

   127.    When Court may make order under this Part
   128.    Type of order
   129.    Court to have regard to certain matters
   130.    Duty of Chief Executive to inform the Court of certain matters

   PART 4--Transfer of child protection proceedings

   131.    When Court may make order under this Part
   132.    Court to have regard to certain matters
   133.    Interim order

   PART 5--Registration of interstate orders and proceedings

   134.    Filing and registration of interstate documents
   135.    Notification by Registrar
   136.    Effect of registration
   137.    Revocation of registration

   PART 6--Miscellaneous

   138.    Appeals
   139.    Effect of registration of transferred order
   140.    Transfer of Court file
   141.    Hearing and determination of transferred proceeding
   142.    Disclosure of information
   143.    Discretion of Chief Executive to consent to transfer
   144.    Evidence of consent of relevant interstate officer

           Chapter 11--Administrative matters

   PART 1--Functions of Chief Executive etc

   145.    Functions of the Chief Executive
   146.    Powers of delegation

   PART 2--Child protection officers

   147.    Child protection officers
   148.    Primary function of child protection officers
   149.    Powers of child protection officers
   150.    Child protection officer may require information etc

   PART 3--Information gathering and sharing

   151.    Chief Executive may require State authority to provide report
   152.    Sharing of information between certain persons and bodies
   153.    Certain persons to be provided with documents and information held by the Department
   154.    Internal Review by Chief Executive
   155.    Interaction with Public Sector (Data Sharing) Act 2016

   PART 4--Additional reporting obligations of Chief Executive

   156.    Additional annual reporting obligations

           Chapter 12--Reviews of decisions under Act

   PART 1--Internal review

   157.    Internal review

   PART 2--Review of decisions by South Australian Civil and Administrative Tribunal

   158.    Review of decisions by South Australian Civil and Administrative Tribunal
   159.    Views of child or young person may be heard

           Chapter 13--Miscellaneous

   160.    Hindering or obstructing a person in execution of duty
   161.    Payment of money to Chief Executive on behalf of child or young person
   162.    Restrictions on publication of certain information
   163.    Protection of identity of persons who report to or notify Department
   164.    Confidentiality
   165.    Victimisation
   166.    Protections, privileges and immunities
   166A.   Limitation on tortious liability for acts of certain children and young people
   167.    Evidentiary provision
   168.    Service
   169.    Review of Act
   169A.   Independent inquiry into foster care and kinship care
   170.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: