South Australian Current Acts South Australian Current Acts (1) The functions of
the Child and Young Person's Visitor are—
(a) to
conduct visits to, and inspections of, prescribed facilities as required or
authorised under this Chapter; and
(b) to
communicate with children and young people resident in prescribed facilities;
and
(c) to
promote the best interests of the children and young people resident in
prescribed facilities; and
(d) to
act as an advocate for children and young people resident in prescribed
facilities and to promote the proper resolution of issues relating to their
care; and
(e) to
inquire into, and provide advice to the Minister relating to, any systemic
reform necessary to improve—
(i)
the quality of care, treatment or control of children and
young people resident in prescribed facilities; or
(ii)
the management of prescribed facilities; and
(f) any
other functions assigned to the Child and Young Person's Visitor under this or
any other Act.
(2) In performing
functions under this Act, the Child and Young Person's Visitor—
(a) must
encourage children and young people resident in prescribed facilities to
express their own views and give proper weight to those views; and
(b) must
pay particular attention to the needs and circumstances of—
(i)
Aboriginal or Torres Strait Islander children or young
people; or
(ii)
children and young people who have a physical,
psychological or intellectual disability; and
(c) may
receive and consider any information, reports and materials that may be
relevant to performing the Child and Young Person's Visitor's functions.
(3) On a visit to a
prescribed facility under this Chapter, the Child and Young Person's Visitor
may—
(a)
inspect any part of the prescribed facility; and
(b) make
inquiries about the care, treatment and control of each child or young person
resident in the prescribed facility; and
(c) take
such other action as may be reasonably required to perform the Child and Young
Person's Visitor's functions under this Act.
(4) Subject to
subsection (5), a visit to a prescribed facility—
(a) may
be made by the Child and Young Person's Visitor on the Child and Young
Person's Visitor's own initiative or at the request of a child or young person
who is or was resident in the prescribed facility; and
(b) may
be made at any reasonable time; and
(c) may
be of such duration as the Child and Young Person's Visitor thinks
appropriate.
(5) The Child and
Young Person's Visitor must—
(a)
except in exceptional circumstances, give the person in charge of a prescribed
facility reasonable notice of a visit; and
(b) take
steps to ensure that the safe administration of the prescribed facility is not
compromised by a visit; and
(c) obey
the reasonable directions of the person in charge of the prescribed facility
in relation to any genuine concerns the person may have in connection with the
safe management of the prescribed facility.
(6) If the person in
charge of a prescribed facility refuses to allow the Child and Young Person's
Visitor to visit the prescribed facility because of genuine concerns the
person may have in connection with the safety of the Child and Young Person's
Visitor (whether related to a security risk, a health related risk or some
other reason), the person must, as soon as reasonably practicable, provide the
Child and Young Person's Visitor with written advice as to why entry to the
prescribed facility was refused.
(7) The Child and
Young Person's Visitor has such other powers as may be necessary or expedient
for, or incidental to, the performance of the Child and Young Person's
Visitor's functions.