South Australian Current Acts South Australian Current Acts85—Review of circumstances of prescribed child or young person
(1) Subject to this
section, the Chief Executive must cause a review of the circumstances of each
prescribed child or young person to be carried out—
(a) if
the child or young person, or another person who, in the opinion of the
Minister, has a legitimate interest in the affairs of the
child or young person, has requested the review—as soon as is reasonably
practicable after the request; or
(b) in
any case—at least once in each 12 month period.
(2) However, the
Chief Executive need not cause a review to be carried out under
subsection (1)(a) if—
(a) a
review of the child or young person's circumstances has been carried out
within the 12 months preceding the request; and
(b) the
Chief Executive is of the opinion that the request is frivolous or vexatious,
or otherwise not made in good faith.
(3) A review must
comply with the following provisions:
(a) the
review must be carried out by a panel appointed by the Chief Executive for the
purpose;
(b) in
carrying out a review, the panel must—
(i)
having regard to Chapter 2, consider whether the
existing arrangements for the care of the prescribed child or young
person—
(A) continue to be in the best interests of
the child or young person; and
(B) provide the support necessary to meet
the needs of the child or young person; and
(ii)
notify each person who has care of the
prescribed child or young person of the review and give them a reasonable
opportunity to make submissions to the panel for the purposes of the review;
and
(iii)
notify the prescribed child or young person of the review
and give them a reasonable opportunity to make submissions (in whatever manner
the child or young person thinks fit including, if they so wish, in the
absence of a person who has care of them) to the panel for the purposes of the
review; and
(iv)
have regard to any submissions made under
subparagraph (ii) or (iii); and
(v)
comply with any other requirement set out in the
regulations;
(c) on
completing a review, the panel must prepare and provide to the Chief Executive
a written report on the review setting out—
(i)
the conclusions of the panel in respect of the existing
arrangements for the care of the prescribed child or young person; and
(ii)
if the panel wishes to make recommendations in relation
to the care of the prescribed child or young person—those
recommendations.
(4) A
child or young person may, in making submissions to a panel in the course of a
review, be accompanied by a support person if they so wish.
(5) The
Chief Executive must appoint a member of a panel appointed to carry out a
review (being a member who has not previously been involved with the
prescribed child or young person's case) to be the presiding member of the
panel.
(6) Subject to this
Act, and to any directions of the Chief Executive, a panel may determine its
own procedures.
(7) Except where the
Chief Executive is of the opinion that it is inappropriate to do so, the
Chief Executive must cause a copy of a report under subsection (3)(c) to
be given to—
(a) the
prescribed child or young person; and
(b) each
person who has care of the prescribed child or young person,
and may give a copy of the report to any other person the Chief Executive
thinks fit.
(8) The regulations
may make further provision in relation to reviews under this section
(including, to avoid doubt, provisions relating to the appointment of members
to a panel).
(9) In this
section—
"prescribed child or young person" means—
(a) a
child or young person placed under the guardianship of the Chief Executive
until they attain 18 years of age; or
(b) a
child or young person of a class prescribed by the regulations for the
purposes of this definition.