South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"Aboriginal child or young person" means a child or young person who—
(a) is a
descendant of the indigenous inhabitants of Australia; and
(b)
regards themself as Aboriginal or, if they are a young child, is regarded as
Aboriginal by at least 1 of their parents;
"approved carer" means a person who is the subject of an approval under
section 72 that is in force;
"case plan", in respect of a child or young person—see section 28;
"Chief Executive" means the Chief Executive of the Department;
"Child and Young Person's Visitor" means the Child and Young Person's Visitor
established under Chapter 9;
"child or young person" means a person who is under 18 years of age;
"child protection officer"—see section 147;
"contact arrangements", in respect of a child or young person, means
contact arrangements determined by the Chief Executive under section 93
in respect of the child or young person, as in force from time to time;
"Court" means the Youth Court of South Australia;
"dentist" means a person who is registered as a dental practitioner under the
Health Practitioner Regulation National Law (South Australia) ;
"Department" means the administrative unit of the Public Service specified by
the Minister by notice in the Gazette for the purposes of this definition;
"family", in relation to a child or young person, includes—
(a) the
child or young person's extended family; and
(b)
members of the child or young person's family who are not biologically related
to the child or young person; and
(c) in
relation to an Aboriginal or Torres Strait Islander child or young
person—any person related to the child or young person in accordance
with Aboriginal or Torres Strait Islander traditional practice or custom (as
the case requires);
"family group conference" means a family group conference convened in
accordance with section 22;
"guardian", of a child or young person, means the guardian or guardians of the
child or young person pursuant to an order of the Court under this Act;
"instrument of guardianship" means an instrument of guardianship issued under
section 45;
"legal practitioner" has the same meaning as in the Legal Practitioners
Act 1981 ;
"legal profession rules" has the same meaning as in the
Legal Practitioners Act 1981 ;
"licensed children's residential facility" means a children's residential
facility in respect of which a licence is in force under Chapter 7
Part 7;
"licensed foster care agency" means a foster care agency carried on pursuant
to a licence under Chapter 7 Part 6 that is in force;
"medical practitioner" means a person who is registered as a
medical practitioner under the Health Practitioner Regulation National Law
(South Australia) ;
"out of home care"—see section 69;
"parent", of a child or young person, includes—
(a) a
step-parent of the child or young person; and
(b) a
person who stands in loco parentis to the child or young person;
"pharmacist" means a person who is registered as a pharmacist under the Health
Practitioner Regulation National Law (South Australia) ;
"placement principles"—see section 11;
"principles of intervention"—see section 10;
"psychologist" means a person who is registered as a psychologist under the
Health Practitioner Regulation National Law (South Australia) ;
"registered or enrolled nurse" means a person who is registered or enrolled as
a nurse under the Health Practitioner Regulation National Law (South
Australia) ;
"restraining notice" means a restraining notice issued under section 46;
"reunification", in relation to a child or young person, means a reunification
of the child or young person and a person or persons from whom the child is
removed under this Act;
"State authority" means—
(a) a
person who holds an office established by an Act; or
(b) a
public sector agency; or
(c)
South Australia Police; or
(d) a
local council constituted under the Local Government Act 1999 ; or
(e) any
incorporated or unincorporated body—
(i)
established for a public purpose by an Act; or
(ii)
established for a public purpose under an Act (other than
an Act providing for the incorporation of companies or associations,
co-operatives, societies or other voluntary organisations); or
(iii)
established, or subject to control or direction, by the
Governor, a Minister of the Crown or any instrumentality or agency of the
Crown or a local council (whether or not established by or under an Act or an
enactment); or
(f) any
other person or body declared by the regulations to be a State authority,
but does not include a person or body declared by the regulations to be
excluded from the ambit of this definition;
"Torres Strait Islander child or young person" means a child or young person
who—
(a) is a
descendant of the indigenous inhabitants of the Torres Strait Islands; and
(b)
regards themself as Torres Strait Islander or, if they are a young child, is
regarded as Torres Strait Islander by at least 1 of their parents;
"working with children check" means a working with children check under the
Child Safety (Prohibited Persons) Act 2016 .
(2) For the purposes
of this Act, a reference to a person being
"found guilty" of an offence will be taken to include a reference to—
(a) a
finding of a court under Part 8A of the
Criminal Law Consolidation Act 1935 that the objective elements of an
offence are established (whether or not the person was found not guilty of the
offence, or was found to be mentally unfit to stand trial, pursuant to
Division 2 or 3 of that Part); or
(b) any
finding of a court of another jurisdiction that corresponds to a finding
referred to in paragraph (a).
(3) For the purposes
of this Act, a reference to care being residential in nature, or being
provided on a residential basis, will be taken to include a reference to such
care provided to a child or young person for a limited period only.
(4) For the purposes
of this Act, a reference to the "Chief Executive in their capacity as guardian
of a child or young person will be taken to be a reference to the person for
the time being holding or acting in the office of Chief Executive.