South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 32

32—Chief Executive must assess each report indicating child or young person may be at risk

        (1)         The Chief Executive must cause—

            (a)         each report under section 31; and

            (b)         any other report or notification made to the Department that a child or young person may be at risk (however described and whether or not received under this Act),

to be assessed in accordance with any requirements set out in the regulations.

        (2)         The Chief Executive may, in the course of an assessment under this section, make use of or rely on such systems of information gathering, collating or reporting as the Chief Executive thinks fit (whether or not the system is operated or provided by a State authority).

        (3)         Without limiting any other action that may be taken by the Chief Executive, the Chief Executive must, on completion of an assessment under this section, cause at least 1 of the following actions to be taken:

            (a)         an investigation into the circumstances of the child must be carried out under section 34;

            (b)         if the Chief Executive is satisfied that an investigation under section 34 is unnecessary, having regard to such of the circumstances of the child as may already be known to the Chief Executive, an alternative response that, in the opinion of the Chief Executive, more appropriately addresses the risk to the child or young person must be implemented;

            (c)         the matter must be referred to an appropriate State authority under section 33;

            (d)         if the Chief Executive is satisfied that—

                  (i)         the matter has previously been dealt with under this or any other Act and there is no reason to reexamine the matter; or

                  (ii)         the matter is trivial, vexatious or frivolous; or

                  (iii)         there is good reason why no action should be taken in respect of the matter,

the Chief Executive may decline to take further action.

        (4)         The Chief Executive must, in accordance with any requirements set out in the regulations—

            (a)         cause a record of each action taken under this section, and the reasons for the action, to be kept in relation to each report or notification made to the Department; and

            (b)         include statistical information relating to action taken under this section to be included in the annual report of the Chief Executive under the Public Sector Act 2009 .

        (5)         The regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).