South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 86

86—Direction not to communicate with, be in company of, harbour or conceal child or young person

        (1)         The Chief Executive may, by notice in writing, direct a specified person not to communicate, or attempt to communicate, (whether in any way or in a way specified in the notice) with a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice.

        (1a)         The Chief Executive may, by notice in writing, direct a specified person not to be in the company of, or otherwise associate with, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice.

        (2)         The Chief Executive may, by notice in writing, direct a person not to harbour or conceal, or assist another person to harbour or conceal, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period in the notice.

        (3)         However, the Chief Executive may only give a direction under this section if the Chief Executive believes it is reasonably necessary to—

            (a)         prevent harm to the child or young person; or

            (b)         prevent the child or young person from engaging in, or being exposed to, conduct of a criminal nature.

        (4)         A person who, without reasonable excuse, refuses or fails to comply with a direction under this section is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—Imprisonment for 3 years; or

            (b)         for a second or subsequent offence—Imprisonment for 4 years.

        (4a)         Despite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person—

            (a)         with whom a person communicates, or attempts to communicate, in contravention of a direction under this section; or

            (b)         in whose company a person is, or with whom a person associates, in contravention of a direction under this section; or

            (c)         who is harboured or concealed in contravention of a direction under this section,

commits no offence in relation to that conduct.

        (5)         A notice under this section must be served personally on the person to whom the notice is directed (however, if it is not reasonably practicable to serve a notice personally on a person, or the whereabouts of the person cannot, after reasonable enquiries, be ascertained, the notice may be served on that person in accordance with section 168).

        (6)         Despite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom a direction under this section relates is competent, but is not compellable, to give evidence in proceedings relating to a charge of an offence against this section.