South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 45

45—Temporary instruments of guardianship

        (1)         The Chief Executive must, if the Chief Executive becomes aware that a child or young person born after the commencement of this subsection is residing with a parent of the child or young person who has been found guilty of a qualifying offence (the "offender"), issue an instrument under this section (an "instrument of guardianship") in respect of the child or young person.

        (2)         If the Chief Executive issues an instrument of guardianship, the child or young person specified in the instrument will, for all purposes, be under the guardianship of the Chief Executive during the guardianship period.

        (3)         Subsection (2) applies subject to an order of the Court under this Act to the contrary.

        (4)         An instrument of guardianship issued in relation to an offender—

            (a)         must be served on the offender as soon as practicable after it has been issued; and

            (b)         must be lodged with the Court in accordance with the rules of the Court (and may be so lodged whether or not it has been served in accordance with paragraph (a)).

        (5)         Subject to subsection (6), this Act applies to an instrument of guardianship, while it remains in force, as if it were an order of the Court under section 53 and as if the parties to that order were—

            (a)         the parents of the child or young person to whom the instrument relates; and

            (b)         the child or young person to whom the instrument relates; and

            (c)         a person who would, but for the instrument, have had custody or guardianship of the child or young person to whom the instrument relates; and

            (d)         the Chief Executive.

        (6)         Until the application required under section 50(1) in relation to an instrument of guardianship is made to the Court, any application to the Court under section 55 in relation to the instrument may only seek to vary arrangements for the care of the child or young person.

        (7)         For the purposes of this section, a newborn child who has not yet been discharged from hospital will be taken to be residing with a person if the child is likely to reside with the person on being discharged.