South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 114

114—Certain organisations must have policies and procedures to ensure safe environments provided

        (1)         A prescribed organisation must, in accordance with any requirement set out in the regulations, prepare or adopt policies and procedures of the following kinds:

            (a)         policies and procedures that ensure that the requirements under Chapter 5 Part 1 are satisfied;

            (b)         policies and procedures designed to ensure that safe environments for children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation;

            (c)         such other policies and procedures as may be required by the regulations for the purposes of this section.

        (2)         A prescribed organisation may, in accordance with any requirement set out in the regulations, from time to time vary or substitute a policy or guideline required under subsection (1).

        (3)         A prescribed organisation must, as soon as is reasonably practicable after preparing or adopting, or varying or substituting, the policies and procedures required under subsection (1), provide to the Chief Executive a statement—

            (a)         certifying that the prescribed organisation has in place policies and procedures as required under that subsection; and

            (b)         setting out any information required by the regulations for the purposes of this paragraph.

        (4)         A statement required under subsection (3)—

            (a)         must be provided in a manner and form determined by the Chief Executive; and

            (b)         must, if the Chief Executive so requires, be accompanied by a copy of each policy and procedure prepared or adopted under subsection (1) as varied or substituted from time to time; and

            (c)         must comply with any other requirements set out in the regulations for the purposes of this paragraph.

        (5)         A prescribed organisation must, at the request of a person in relation to whom the prescribed organisation provides, or is to provide, a service, produce for inspection a copy of the policies and procedures prepared or adopted under subsection (1), as in force at the relevant time.

        (6)         A prescribed organisation must not refuse or fail to comply with a requirement under this section.

Maximum penalty: $10 000.

        (7)         In this section—

"prescribed organisation" means—

            (a)         State authorities; or

            (b)         persons or bodies who provide a service or undertake an activity that constitutes child-related work under the Child Safety (Prohibited Persons) Act 2016 ; or

            (c)         any other person or body, or person or body of a class, declared by the regulations to be included in the ambit of this paragraph.