South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 23

23—Who may attend a family group conference

        (1)         Subject to this Part, the following people are entitled to attend a family group conference convened in respect of a child or young person:

            (a)         the child or young person;

            (b)         the parents and guardians of the child or young person;

            (c)         members of the child or young person's family;

            (d)         persons who have a close association with the child or young person and who should, in the opinion of the co-ordinator, attend the conference;

            (e)         a person who, in accordance with subsection (4)(c), is arranged to act as advocate for the child or young person at the conference;

            (f)         a person authorised by the Chief Executive for the purposes of this section;

            (g)         if an investigation into the child or young person's circumstances has been carried out under this Act—a person nominated by the co-ordinator who has examined, assessed, counselled or treated the child or young person in the course of the investigation;

            (h)         if the child or young person is an Aboriginal or Torres Strait Islander child or young person—a person nominated by an Aboriginal organisation or Torres Strait Islander organisation (as the case requires) of a kind that is, in the opinion of the co-ordinator, relevant to the subject of the conference;

                  (i)         if persistent absenteeism from school is involved—

                  (i)         if the child or young person is enrolled at a Government school—an employee of the administrative unit of the Public Service assisting a Minister with the administration of the Education Act 1972 nominated by the Chief Executive of that administrative unit; or

                  (ii)         if the child or young person is enrolled at a non-Government school—a person nominated by the head teacher of the school;

            (j)         any other person (not being a legal practitioner) who the child or young person, or their parents or guardians, wish to support them at the conference and who, in the opinion of the co-ordinator, would be of assistance in that role;

            (k)         any other person, or person of a class, prescribed by the regulations for the purposes of this paragraph.

        (2)         However, the co-ordinator of a family group conference may exclude a person referred to in subsection (1) (including, to avoid doubt, the child or young person to whom the conference relates) from attending a family group conference if the co-ordinator is satisfied that to do so would be in the best interests of the child or young person.

        (3)         The co-ordinator of a family group conference must, as far as is reasonably practicable, consult with the child or young person and their parents and guardians as to the attendees at, or persons to be excluded from attending, the conference.

        (4)         The co-ordinator of a family group conference must, as far as is reasonably practicable, ensure that—

            (a)         the conference is held at a time and place that is suitable to the child or young person and their parents and guardians; and

            (b)         a person who is entitled to be at the conference is given notice in accordance with the regulations of the time and place at which the conference is to be held; and

            (c)         a suitable person (who, to avoid doubt, need not be a legal practitioner) is arranged to act as advocate for the child or young person at the conference.

        (5)         However, the co-ordinator of a family group conference need not comply with subsection (4)(c) if they are satisfied that the child or young person has made an informed and independent decision to waive their right to be so represented.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback