South Australian Current Acts South Australian Current ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Children and Young People (Safety) Act 2017 repealed the
following:
Children's Protection Act 1993
Legislation amended by principal Act
The Children and Young People (Safety) Act 2017 amended the
following:
Children's Protection Act 1993
Criminal Law Consolidation Act 1935
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2017 |
25 |
18.7.2017 |
26.2.2018 immediately after s 60 of 64/2017 except ss 17, 18,
21 to 58, 60, 61, 67 to 77, 84 to 95,
97 to 110, 111, 112A, 113 to 115, 120 to 144, 147
to 152, 161, 163 & Sch 1 Pt 2 (cll 2(b) to (e), 2A
(as enacted by s 60 of 64/2017)), Pt 3 (cll 3,
4)—22.10.2018 (Gazette 19.12.2017 p5118 as varied by Gazette
13.2.2018 p731) |
|
|
2017 |
64 |
Children's Protection Law Reform (Transitional Arrangements and Related
Amendments) Act 2017 |
12.12.2017 |
Pt 4 (s 34) & Pt 10 (ss 49 to 57,
59)—19.12.2017; Pt 4 (ss 22, 23, 26) & Pt 10
(s 60)—26.2.2018; Pt 4 (ss 24, 25, 27 to 33,
35 to 38) & Pt 10 (s 58)—22.10.2018 (Gazette
19.12.2017 p5119) |
|
2018 |
17 |
Children and Young People (Safety) (Miscellaneous) Amendment
Act 2018 |
18.10.2018 |
Pt 2 (ss 4 to 14) & Sch 1 (cl 7)—22.10.2018
(Gazette 18.10.2018 p3821) |
|
2021 |
14 |
Statutes Amendment (Recommendations of Independent Inquiry into Child
Protection) Act 2021 |
13.5.2021 |
Pt 3 (s 5)—2.8.2021 (Gazette 22.7.2021 p2857) |
|
2021 |
35 |
Children and Young People (Oversight and Advocacy Bodies) (Commissioner
for Aboriginal Children and Young People) Amendment Act 2021 |
30.9.2021 |
Sch 1 (cl 1)—21.10.2021 (Gazette 21.10.2021 p3788) |
|
2021 |
55 |
Children and Young People (Safety) (Inquiry into Foster and Kinship
Care) Amendment Act 2021 |
9.12.2021 |
9.12.2021 |
|
2023 |
4 |
Statutes Amendment (Attorney-General's Portfolio and Other Justice
Measures) Act 2023 |
23.2.2023 |
Pt 3 (s 6)—22.6.2023 (Gazette 15.6.2023 p1774) |
|
2023 |
39 |
7.12.2023 |
Sch 1 (cl 6)—1.1.2024: s 2 |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Ch 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
21.10.2021 |
|
Ch 3 |
|
|
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|
|
|
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|
business day |
deleted by 39/2023 Sch 1 cl 6 |
1.1.2024 |
|
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|
|
amended by 17/2018 s 4 |
22.10.2018 |
|
|
Ch 4 |
|
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|
Ch 4 Pt 3 |
|
|
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|
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|
prescribed child or young person |
amended by 64/2017 s 49 |
19.12.2017 |
|
Ch 5 |
|
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|
Ch 5 Pt 2 |
|
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|
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|
|
inserted by 64/2017 s 50 |
19.12.2017 |
|
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|
|
deleted by 64/2017 s 51 |
19.12.2017 |
|
|
Ch 5 Pt 3 |
|
|
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|
|
22.10.2018 |
||
|
inserted by 17/2018 s 5 |
22.10.2018 |
|
|
Ch 6 |
|
|
|
Ch 6 Pt 2 |
|
|
|
|
|
|
|
s 53(1a)—(1f) |
inserted by 64/2017 s 52 |
19.12.2017 |
|
|
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|
|
inserted by 17/2018 s 6 |
22.10.2018 |
|
|
Ch 7 |
|
|
|
Ch 7 Pt 2 |
|
|
|
|
|
|
|
heading |
amended by 4/2023 s 6(1) |
22.6.2023 |
|
inserted by 4/2023 s 6(2) |
22.6.2023 |
|
|
amended by 14/2021 s 5 |
2.8.2021 |
|
|
inserted by 4/2023 s 6(3) |
22.6.2023 |
|
|
inserted by 4/2023 s 6(4) |
22.6.2023 |
|
|
Ch 7 Pt 3 |
|
|
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substituted by 64/2017 s 53 |
19.12.2017 |
|
|
|
deleted by 17/2018 s 7 |
22.10.2018 |
|
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|
|
inserted by 17/2018 s 8 |
22.10.2018 |
|
|
Ch 7 Pt 4 |
|
|
|
|
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|
22.10.2018 |
||
|
inserted by 17/2018 s 9 |
22.10.2018 |
|
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substituted by 17/2018 s 10 |
22.10.2018 |
|
|
Ch 7 Pt 7 |
|
|
|
|
|
|
|
children's residential facility |
amended by 64/2017 s 54(1), (2) |
19.12.2017 |
|
Ch 7 Pt 7A |
inserted by 64/2017 s 55 |
19.12.2017 |
|
Ch 7 Pt 9 |
|
|
|
inserted by 64/2017 s 56 |
19.12.2017 |
|
|
Ch 10 |
|
|
|
Ch 10 Pt 1 |
|
|
|
|
|
|
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|
|
|
|
child welfare law |
amended by 17/2018 s 11 |
22.10.2018 |
|
Ch 10 Pt 6 |
|
|
|
amended by 17/2018 s 12(1) |
22.10.2018 |
|
|
22.10.2018 |
||
|
inserted by 17/2018 s 12(2) |
22.10.2018 |
|
|
Ch 11 |
|
|
|
Ch 11 Pt 3 |
|
|
|
|
|
|
|
amended by 35/2021 Sch 1 cl 1 |
21.10.2021 |
|
|
Ch 13 |
|
|
|
|
|
|
|
s 161(2) and (3) |
substituted by 17/2018 s 13 |
22.10.2018 |
|
deleted by 17/2018 s 13 |
22.10.2018 |
|
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|
|
amended by 64/2017 s 57(1), (2) |
19.12.2017 |
|
|
inserted by 64/2017 s 58 |
22.10.2018 |
|
|
inserted by 55/2021 s 3 |
9.12.2021 |
|
|
|
|
|
|
amended by 64/2017 s 59 |
19.12.2017 |
|
|
Sch 1 before omission |
|
|
|
Pt 2 |
substituted by 64/2017 s 60 |
26.2.2018 |
|
cl 2 |
amended by 17/2018 s 14 |
22.10.2018 |
|
Sch 1 |
omitted under Legislation Revision and Publication
Act 2002 |
21.10.2021 |
Transitional etc provisions associated with Act or
amendments
Children's Protection Law Reform (Transitional
Arrangements and Related Amendments) Act 2017, Pt 4—Transitional
provisions relating to Children and Young People (Safety)
Act 2017
22—Interpretation
(1) Subject to this Part, and unless the contrary intention appears, a
term or phrase used in this Part that is defined in the Children and Young
People (Safety) Act 2017 has the same meaning as in that Act.
(2) In this Part—
repealed Act means the Children's Protection
Act 1993.
23—References to working with children checks and
the Child Safety (Prohibited Persons) Act 2016
etc
(1) For the purposes of the Children and Young People (Safety)
Act 2017, a reference in that Act to a working with children
check will be taken to include a reference to an assessment of relevant
history.
(2) For the purposes of section 72(3)(b)(i) of the Children and Young
People (Safety) Act 2017, a reference in that subparagraph to having
regard to the operation of the Child Safety (Prohibited Persons)
Act 2016 will, to the extent that it includes having regard to the
working with children check scheme, will be taken to include a reference to
having regard to the operation of sections 8B and 8BA of the Children's
Protection Act 1993 (as in force immediately before the commencement of
this section).
(3) For the purposes of paragraph (b) of the definition of
prescribed organisation in section 114(7) of the Children and
Young People (Safety) Act 2017, a reference in that paragraph to
persons or bodies who provide a service or undertake an activity that
constitutes child-related work under the Child Safety (Prohibited Persons)
Act 2016 will be taken to include a reference to organisations to which
section 8C of the Children's Protection Act 1993 applied immediately
before the commencement of this section.
24—Chief Executive to be guardian of certain
children and young people
(1) This section applies to a child or young person who was, immediately
before the commencement of this section, under the guardianship of the Minister
pursuant to an order of the Court under the repealed Act.
(2) On the commencement of this section a child or young person to whom
this section applies will, by force of this subsection, be taken to be under the
guardianship of the Chief Executive.
(3) A placement of a child or young person to whom this section applies
pursuant to the repealed Act will be taken to continue in effect as if the child
or young person were so placed by the Chief Executive under section 84 of the
Children and Young People (Safety) Act 2017 (and the placement will,
for the purposes of that Act, be taken to be a placement under that
section).
(4) On the commencement of this section, a reference in any order or other
document or instrument to the Minister in the Minister's capacity as guardian of
a child or young person to whom this section applies will be taken to be a
reference to the Chief Executive in that capacity.
25—Chief Executive to have custody of certain
children and young people
(1) This section applies to a child or young person who was, immediately
before the commencement of this section, in the custody of the Minister pursuant
to an order of the Court under the repealed Act.
(2) Subject to this section, on the commencement of this section a child
or young person to whom this section applies will, by force of this subsection,
be taken to be in the custody of the Chief Executive.
(3) A placement of a child or young person to whom this section applies
pursuant to the repealed Act will be taken to continue in effect as if the child
or young person were so placed by the Chief Executive under section 84 the
Children and Young People (Safety) Act 2017 (and the placement will,
for the purposes of that Act, be taken to be a placement under that
section).
(4) On the commencement of this section, a reference in any order or other
document or instrument to the Minister in the Minister's capacity as custodian
of a child or young person to whom this section applies will be taken to be a
reference to the Chief Executive in that capacity.
26—Continuation of voluntary custody
agreements
(1) Subject to this section and the Children and Young People (Safety)
Act 2017, a voluntary custody agreement under section 9 of the repealed
Act in force immediately before the commencement of this section will continue
in accordance with its terms (and the agreement will, for the purposes of the
Children and Young People (Safety) Act 2017, be taken to be a
voluntary custody agreement under section 96 of that Act).
(2) A reference in a voluntary custody agreement continued under this
section to the Minister will be taken to be a reference to the Chief
Executive.
27—Continuation
of approved foster parents as approved carers
(1) Subject to this
section, a person who was, immediately before the commencement of this section,
an approved foster parent under section 43 of the Family and Community
Services Act 1972 will be taken to be an approved carer under the
Children and Young People (Safety) Act 2017 (and the approval of the
person will be taken to have been granted under section 72 of that
Act).
(2) A permission of the Chief Executive Officer under section 43(3) of the
Family and Community Services Act 1972 relating to the number of
foster children that a foster parent referred to in subsection (1) is
permitted to have in their care will be taken to continue to apply to the
approved carer according to its terms.
(3) The approval of a person as an approved carer under
subsection (1) will, subject to the Children and Young People (Safety)
Act 2017, be taken to be subject to the same conditions applying to the
person's approval immediately before the commencement of this section.
28—Continuation
of licensed foster care agencies
(1) A licence of a
person as a foster care agency granted under section 48 of the Family and
Community Services Act 1972 and in force immediately before the
commencement of this section—
(a) will, subject to the Children and Young People (Safety)
Act 2017, continue in force as a licence to carry on a foster care
agency under that Act; and
(b) will be taken to have been granted under section 99 of that
Act.
(2) A licence
continued under subsection (1) will, subject to the Children and Young
People (Safety) Act 2017, be taken to be subject to the same conditions
applying to the licence immediately before the commencement of this
section.
(3) A record that was, pursuant to section 50 of the Family and
Community Services Act 1972, required to be kept by the holder of a
licence continued under subsection (1) will, for the purposes of section
101(2) of the Children and Young People (Safety) Act 2017, be taken
to be records required to be kept under that subsection.
29—Continuation
of licence to maintain children's residential facilities
(1) A licence to
maintain a children's residential facility granted under section 51 of the
Family and Community Services Act 1972 (being a licence in force
immediately before the commencement of this section)—
(a) will, subject to the Children and Young People (Safety)
Act 2017, continue in force as a licence to operate a children's
residential facility under that Act; and
(b) will be taken to have been granted under section 105 of that
Act.
(2) A licence
continued under subsection (1) will, subject to the Children and Young
People (Safety) Act 2017, be taken to be subject to the same conditions
applying to the licence immediately before the commencement of this
section.
(3) A register that was, pursuant to section 53 of the Family and
Community Services Act 1972, required to be kept by the holder of a
licence continued under subsection (1) will, for the purposes of section
108(2) of the Children and Young People (Safety) Act 2017, be taken
to be a record required to be kept under that subsection.
30—Notifications of abuse or neglect and
investigations etc under repealed Act to continue
(1) A notification made under section 11 of the repealed Act that a person
suspects that a child has been or is being abused or neglected will, for the
purposes of the Children and Young People (Safety) Act 2017, be
taken to be a report made by the person under section 31 of that Act.
(2) An investigation under section 19 of the repealed Act that was
commenced but not completed before the commencement of this section will be
taken to continue as an investigation of the relevant kind under Chapter 5 Part
2 of the Children and Young People (Safety) Act 2017 (and, to avoid
doubt, the Chief Executive may exercise the powers of investigation or direction
under that Part accordingly).
31—Continuation of family care meetings under
repealed Act
(1) Subject to this section, a family care meeting convened under Part 5
of the repealed Act before the commencement of this section will continue as a
family group conference convened under Chapter 4 Part 2 of the Children and
Young People (Safety) Act 2017.
(2) A family group conference as continued under this section will,
subject to the Children and Young People (Safety) Act 2017, consist
of the same persons as the original family care meeting.
(3) The procedures applicable to a family care meeting continued under
this section will, subject to the Children and Young People (Safety)
Act 2017, be taken to apply to the family group conference.
32—Orders relating to access to child or young
person to continue as determination of Chief Executive
(1) An order of the
Court under section 38 of the repealed Act in force immediately before the
commencement of this section (being an order relating to access to a specified
child (however described)) is, by force of this section, revoked.
(2) The Chief Executive will, in respect of each child or young person to
whom an order revoked under subsection (1) relates, be taken to have made a
determination under section 93 of the Children and Young People (Safety)
Act 2017 in such terms as to give continuing effect to the terms of the
revoked order (and the determination will, for the purposes of that Act, be
taken to be a determination under section 93 of that Act).
33—Continuation of certain delegations under
Family and Community Services Act 1972
(1) A delegation by the Minister or the Chief Executive under section 8 of
the Family and Community Services Act 1972 relating to a matter that
is the subject of the Children and Young People (Safety) Act 2017
and that is in force immediately before the commencement of this section will,
subject to the Children and Young People (Safety) Act 2017, continue
in accordance with its terms (and will, for the purposes of the Children and
Young People (Safety) Act 2017, be taken to be a delegation by the
Minister or Chief Executive (as the case requires) of the relevant powers under
section 146 of that Act).
(2) A delegation by the Minister under section 80 of the Family and
Community Services Act 1972 in force immediately before the
commencement of this section will, subject to the Children and Young People
(Safety) Act 2017, continue in accordance with its terms (and will, for
the purposes of the Children and Young People (Safety) Act 2017, be
taken to be a delegation by the Chief Executive of the relevant powers under
section 76 of that Act).
34—References to Families SA
On the commencement of this section, a reference in any Act, or any order
or other instrument or document, to Families SA will, for all purposes, be taken
to be a reference to the Department.
35—Application of Chapter 7 Part 8 of Children
and Young People (Safety) Act 2017 to certain children and young
people
For the purposes of Chapter 7 Part 8 of the Children and Young People
(Safety) Act 2017, a child or young person whose guardianship or
custody arrangements are continued under this Part will be taken to be a child
or young person placed in the guardianship or custody of a person under that
Act.
36—Certain policies and procedures taken to satisfy
Chapter 8 of Children and Young People (Safety)
Act 2017
(1) This section applies to in relation to prescribed policies and
procedures of an organisation to which section 8C of the repealed Act applied
immediately before the commencement of this section.
(2) The prescribed policies and procedures of an organisation to which
section 8C of the repealed Act applied immediately before the commencement of
this section will, for the purposes of Chapter 8 of the Children and Young
People (Safety) Act 2017, be taken to be a policy or policies prepared
or adopted by the organisation in accordance with section 114(1) of that
Act.
(3) An organisation to which section 8C of the repealed Act applied
immediately before the commencement of this section (being an organisation that
has complied with the requirements under section 8C(3) of the repealed Act)
will, for the purposes of Chapter 8 of the Children and Young People (Safety)
Act 2017, be taken to have complied with the requirements of section
114(3) of that Act.
(4) In this section—
prescribed policies and procedures means policies and
procedures put in place by an organisation in accordance with section 8C of the
repealed Act and in force immediately before the commencement of this
section.
37—Certain persons the subject of interim
registration taken to be approved carers under Children and Young People
(Safety) Act 2017
(1) This section applies to a person who was, immediately before the
commencement of this section—
(a) caring for a child or young person who is under the guardianship or in
the custody of the Minister (whether under an order of the Court, a voluntary
custody agreement under section 9 of the Children's Protection
Act 1993 or any other provision of that Act or any other Act);
and
(b) the subject of a provisional or initial registration by the
Department, or an approval for temporary placement granted by the Department, in
relation to the care of children.
(2) A person to
whom this section applies will, for the purposes of the Children and Young
People (Safety) Act 2017, be taken to be approved as an approved carer
under section 72 of that Act.
(3) It is a
condition of each approval under this section that the person comply with any
directions of the Chief Executive relating to the care of a specified child or
young person (including, to avoid doubt, a direction requiring the person to
submit to a working with children check).
(4) The Chief
Executive may, by notice in writing, impose such conditions on an approval under
this section as the Chief Executive thinks fit.
(5) The Chief
Executive may, by notice in writing, vary or revoke a condition of an approval
under this section.
(6) An approval under this section will remain in force
until—
(a) the end of the transitional period; or
(b) the approval is cancelled under subsection (7),
whichever occurs first.
(7) However, the
approval of a person under this section is, by force of this section, cancelled
if—
(a) the person becomes a prohibited person; or
(b) the approval of the person as an approved carer is cancelled under
section 74 of the Children and Young People (Safety) Act 2017;
or
(c) the person refuses or fails to comply with a direction under
subsection (3); or
(d) the person contravenes a condition under
subsection (4).
(8) For the purposes of this section, a reference to the Department will
be taken to include a reference to an administrative unit of the Public Service
that was, at the relevant time, assisting a Minister in the administration of
the repealed Act.
38—Certain persons taken to be approved carers
under Children and Young People (Safety)
Act 2017
(1) This section applies to a person or body, or a person or body of a
class, prescribed by the Chief Executive by notice in the Gazette.
(2) A person to
whom this section applies will, for the purposes of the Children and Young
People (Safety) Act 2017, be taken to be approved as an approved carer
under section 72 of that Act.
(3) It is a
condition of each approval under this section that the person comply with any
directions of the Chief Executive relating to the care of children or young
people (including, to avoid doubt, a direction requiring the person to submit to
a working with children check).
(4) The Chief
Executive may, by notice in writing, impose such conditions on an approval under
this section as the Chief Executive thinks fit.
(5) The Chief
Executive may, by notice in writing, vary or revoke a condition of an approval
under this section.
(6) An approval under this section will remain in force
until—
(a) the end of the transitional period; or
(b) the approval is cancelled under subsection (7),
whichever occurs first.
(7) However, the
approval of a person under this section is, by force of this section, cancelled
if—
(a) the person becomes a prohibited person; or
(b) the approval of the person as an approved carer is cancelled under
section 74 of the Children and Young People (Safety) Act 2017;
or
(c) the person refuses or fails to comply with a direction under
subsection (3); or
(d) the person contravenes a condition under
subsection (4).
Children and Young People (Safety) (Miscellaneous)
Amendment Act 2018, Sch 1 Pt 2—Transitional provisions
etc
7—Moneys held on behalf of child or young
person
(1) This clause applies to money received pursuant to section 84 of
the Family and Community Services Act 1972, or section 161 of
the Children and Young People (Safety) Act 2017 (as in force before
the commencement of section 13 of this Act), that is being held on behalf
of a child or young person, regardless of where the money is being
held.
(2) Any money to which this clause applies will, on the commencement of
this clause, be taken to be money received by the Chief Executive pursuant to
section 161 of the Children and Young People (Safety) Act 2017
(as amended by section 13 of this Act) and is to be dealt with in
accordance with that section.
(3) In this clause—
Chief Executive has the same meaning as in the Children
and Young People (Safety) Act 2017.
Historical versions
|
19.12.2017 |
|
|
26.2.2018 |
|
|
22.10.2018 |
|
|
2.8.2021 |
|
|
21.10.2021 |
|
|
9.12.2021 |
|
|
22.6.2023 |
|