South Australian Current Acts

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CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 150

150—Child protection officer may require information etc

        (1)         A child protection officer, may, by notice in writing, require a specified person or body (whether or not the person or body is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or a document in the possession of the person or body that is reasonably required in the administration, operation or enforcement of this Act).

        (2)         To avoid doubt, a requirement under subsection (1) may include a requirement to provide copies of medical, financial or other records in respect of a person.

        (3)         A child protection officer may, by notice in writing, require a specified person to—

            (a)         answer, to the best of the person's knowledge or belief, questions put by the child protection officer or an employee of the Department authorised by the Chief Executive for the purposes of this subsection; and

            (b)         in the case of a person who has examined, assessed or treated a person under this Act—provide to the child protection officer or the Chief Executive a written report of that examination, assessment or treatment.

        (4)         A person or body of whom a requirement is made under this section must provide the specified information, documents, answers or reports in the manner and form, and within the period, specified in the notice.

        (5)         A person or body who refuses or fails to comply with a notice under this section is guilty of an offence.

Maximum penalty:

            (a)         in the case of a natural person—Imprisonment for 1 year; or

            (b)         in the case of a body corporate—$50 000.

        (6)         If a State authority refuses or fails to comply with a notice under subsection (1), the Chief Executive may, after consultation with the State authority

            (a)         report the refusal or failure to the Minister and to the Minister responsible for the State authority; and

            (b)         include details of the refusal or failure in the annual report of the Department.



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