South Australian Current Acts South Australian Current Acts12—Aboriginal and Torres Strait Islander Child Placement Principle
(1) Subject to the
placement principles, the objects and principles set out in this section apply
to the placement of Aboriginal and Torres Strait Islander children and young
people under this Act.
(2) The objects of
this section include—
(a)
maintaining the connection of Aboriginal and Torres Strait Islander children
and young people with their family and culture; and
(b)
enabling Aboriginal and Torres Strait Islander people to participate in the
care and protection of their children and young people; and
(c)
achieving the objects set out in the preceding paragraphs (as well as reducing
the incidence of the removal of Aboriginal and Torres Strait Islander children
and young people) by encouraging Aboriginal and Torres Strait Islander people,
their children and young people and State authorities to act in partnership
when making decisions about the placement of Aboriginal and Torres Strait
Islander children and young people under this Act.
(3) The "Aboriginal
and Torres Strait Islander Child Placement Principle is as follows:
(a) if
an Aboriginal or Torres Strait Islander child or young person is to be placed
in care under this Act, the child or young person should, if reasonably
practicable, be placed with 1 of the following persons (in order of priority):
(i)
a member of the child or young person's family;
(ii)
a member of the child or young person's community who has
a relationship of responsibility for the child or young person;
(iii)
a member of the child or young person's community;
(iv)
a person of Aboriginal or Torres Strait Islander cultural
background (as the case requires),
(determined in accordance with Aboriginal or Torres Strait Islander
traditional practice or custom);
(b) if
an Aboriginal or Torres Strait Islander child or young person is unable to be
placed with a person referred to in paragraph (a), or it is not in the
best interests of the child or young person to do so, the child or
young person should be given the opportunity for continuing contact with their
family, community or communities and culture (determined in accordance with
Aboriginal or Torres Strait Islander traditional practice or custom);
(c)
before placing an Aboriginal or Torres Strait Islander child or young person
under this Act, the Chief Executive or the Court (as the case requires) must,
where reasonably practicable, consult with, and have regard to any submissions
of, a recognised Aboriginal or Torres Strait Islander organisation.
(4) This section and
the Aboriginal and Torres Strait Islander Child Placement Principle do not
displace, and cannot be used to justify the displacement of, section 7.
(5) The Minister may,
by notice in the Gazette, after consulting with the relevant community or a
section of the relevant community, vary or revoke a declaration relating to a
recognised Aboriginal or Torres Strait Islander organisation.
(6) The regulations
may make further provision in relation to the placement of Aboriginal children
and Torres Strait Islander children under this Act.
(7) To avoid doubt,
the requirements under this section apply to the Court.
(8) In this
section—
"recognised Aboriginal or Torres Strait Islander organisation" means—
(a) in
relation to the placement of an Aboriginal child or young person—an
organisation that the Minister, after consulting with the Aboriginal community
or a section of the Aboriginal community, declares by notice in the Gazette to
be a recognised Aboriginal organisation for the purposes of this section; or
(b) in
relation to the placement of a Torres Strait Islander child or
young person—an organisation that the Minister, after consulting with
the Torres Strait Islander community or a section of the Torres Strait
Islander community, declares by notice in the Gazette to be a recognised
Torres Strait Islander organisation for the purposes of this section.