South Australian Current Acts South Australian Current Acts (1) In this
Chapter—
"appropriate court", in relation to a participating State, means the court in
that State that has jurisdiction to hear and determine child
protection proceedings at first instance;
"child protection order" means an order (not being an interim order (see
definition) or any other order made on an interim basis) made under a
child welfare law that gives—
(a) a
minister of the Crown; or
(b) a
person who is the chief executive of a government department or statutory
authority or otherwise holds an office or position in, or is employed in, a
government department or statutory authority; or
(c) the
chief executive of a licensed children's residential facility or any other
organisation or its chief executive,
responsibility in relation to the guardianship, custody or supervision of the
child, however that responsibility is described;
"child protection proceeding" means any proceeding brought in a court under a
child welfare law for—
(a) the
making of a finding that a child is in need of protection or any other finding
(however described) the making of which is a prerequisite under the
child welfare law to the exercise by the court of a power to make a child
protection order; or
(b) the
making of a child protection order or an interim order or for the variation or
revocation or the extension of the period of such an order;
"child welfare law" means—
(a) this
Act; or
(ab) the
Children's Protection Act 1993 ; or
(b) a
law of another State that is declared by proclamation under
subsection (2) to be a child welfare law for the purposes of this
Chapter;
"interim order" means—
(a) an
order made under section 133; or
(b) an
equivalent order made under an interstate law;
"interstate law" means a law of another State that is declared by proclamation
under subsection (3) to be an interstate law for the purposes of this
Chapter;
"interstate officer", in relation to a State other than South Australia,
means—
(a) the
holder of an office or position that is declared by proclamation under
subsection (4) to be an office or position the holder of which is the
interstate officer in relation to that State for the purposes of this Chapter;
or
(b) the
person holding the office or position to which there is given by or under the
child welfare law of that State principal responsibility for the protection of
children in that State;
"participating State" means a State in which an interstate law is in force;
"Registrar" means the Registrar of the Youth Court;
"sending State" means the State from which a child protection order or
proceeding is transferred under this Chapter or an interstate law;
"State" means—
(a) a
State or a Territory of Australia; or
(b) New
Zealand.
(2) The Governor may,
by proclamation, declare a law of a State (other than South Australia) to be a
child welfare law for the purposes of this Chapter if satisfied that the law
substantially corresponds to this Act.
(3) The Governor may,
by proclamation, declare a law of a State (other than South Australia) to be
an interstate law for the purposes of this Chapter if satisfied that the law
substantially corresponds to this Chapter.
(4) The Governor may,
by proclamation, declare an office or position in a State (other than South
Australia) to be an office or position the holder of which is the interstate
officer in relation to that State for the purposes of this Act.
(5) The Governor may,
by proclamation, vary or revoke a proclamation made under this section.
(6) For the purposes
of this Chapter, a decision or order is not subject to review or appeal
if—
(a) the
time for instituting a review of or appeal against the decision or order has
expired; or
(b)
where a review or appeal was instituted, the decision or order was confirmed
on the review or appeal or the review or appeal was discontinued.
(7) The following
persons are parties to proceedings before the Court on an application for the
transfer of a child protection order or a child protection proceeding under
this Chapter:
(a) the
applicant;
(b) the
child the subject of the application;
(c) each
parent and guardian of the child.