South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 13

13—Charter of Rights for Children and Young People in Care

        (1)         The Guardian for Children and Young People must prepare and maintain a Charter of Rights for Children and Young People in Care .

        (2)         The Guardian for Children and Young People—

            (a)         may vary the Charter at any time; and

            (b)         must review the Charter at least every 5 years.

        (3)         In preparing, varying or reviewing the Charter, the Guardian for Children and Young People must invite submissions from, and consult with, to such extent as may be reasonable, interested persons (including persons who are, or have been, under the guardianship, or in the custody, of the Minister or the Chief Executive) with a view to obtaining a wide range of views in relation to the matters under consideration.

        (4)         The Guardian for Children and Young People must submit the Charter or variation to the Minister for approval.

        (5)         The Minister may—

            (a)         approve the Charter or variation; or

            (b)         require an alteration to the Charter or variation, after consultation with the Guardian for Children and Young People, and then approve the Charter or variation as altered.

        (6)         The Charter, and any variation, has effect from the day on which it is approved by the Minister.

        (7)         The Minister must cause the Charter to be published on a website determined by the Minister.

        (8)         The Minister must, within 6 sitting days after approving the Charter or variation, cause a copy of the Charter, or the Charter as varied, (as the case requires) to be laid before both Houses of Parliament.

        (9)         Each person or body engaged in the administration, operation or enforcement of a relevant law must, to the extent that it is consistent with section 7 to do so in a particular case, exercise their powers and perform their functions so as to give effect to the Charter.

        (10)         However, the Charter does not create legally enforceable rights or entitlements.

        (11)         To avoid doubt, the requirements under this section apply to the Court.

        (12)         For the purposes of this section, a reference to a variation of the Charter will be taken to include a reference to the substitution of the Charter.

        (13)         In this section—

"relevant law" means—

            (a)         this Act; and

            (b)         the Family and Community Services Act 1972 ; and

            (c)         any Act relating to the detention of a youth in a training centre; and

            (d)         any other Act declared by the regulations to be included in the ambit of this definition.