South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 93

93—Contact arrangements to be determined by Chief Executive

        (1)         For the purposes of this Act, contact arrangements in respect of a child or young person to whom this Part applies are to be determined by the Chief Executive.

        (2)         To avoid doubt, the Chief Executive may, for any reason the Chief Executive thinks fit, determine that there is to be no contact between a specified child or young person and a specified person.

        (3)         In making a determination under this section, the Chief Executive must have regard to the following provisions:

            (a)         if the Chief Executive is satisfied that a reunification is likely, the primary aim of the contact arrangements should be to establish or maintain attachment relationships between the child or young person and the person or persons with whom the child or young person is to be reunited;

            (b)         if the Chief Executive is not satisfied that a reunification is likely, or is satisfied that a reunification is unlikely, particular consideration must be given to the need to not undermine or compromise the ability of the child or young person to establish or maintain attachment relationships with their guardian or guardians.

        (4)         Nothing in this Part authorises or requires contact arrangements to be made in favour of a particular person if, in the opinion of the Chief Executive—

            (a)         there is a significant possibility that a child or young person would be at risk in the course of contact with the person; or

            (b)         such contact arrangements would not be consistent with a provision of Chapter 2; or

            (c)         it would otherwise not be in the child or young person's best interest to have contact with the person.

        (5)         A determination under this section—

            (a)         must be by notice in writing; and

            (b)         must set out—

                  (i)         the frequency of contact visits in a specified period; and

                  (ii)         the duration of each contact visit; and

                  (iii)         the venue or venues at which contact visits are to take place; and

                  (iv)         the persons who may be present during contact visits; and

                  (v)         whether contact visits are to take place under the supervision of a person or persons determined by the Chief Executive,

and may make any other provision the Chief Executive thinks appropriate; and

            (c)         must comply with any other requirements set out in the regulations for the purposes of this paragraph,

however a failure to comply with this subsection does not, of itself, invalidate a determination.

        (6)         The Chief Executive may, from time to time and by notice in writing, vary, substitute or revoke the contact arrangements in respect of a child or young person.

        (7)         The Chief Executive must cause a copy of each determination under this section, and any variation, substitution or revocation of the determination, to be included as part of the case plan for the child or young person.

        (8)         The regulations may make further provision in respect of contact arrangements (including by prohibiting contact arrangements being made in specified circumstances and prescribing or limiting the kinds of conduct or activities that can be the subject of contact arrangements).