South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 95

95—Review by Contact Arrangements Review Panel

        (1)         Subject to this Part, the following persons may apply to the Contact Arrangements Review Panel for a review of a determination of the Chief Executive under section 93 in respect of contact arrangements relating to a particular child or young person:

            (a)         the child or young person;

            (b)         a person allowed contact with the child or young person pursuant to the determination;

            (c)         a person who is refused contact with the child or young person pursuant to the determination.

        (2)         An application under subsection (1)—

            (a)         must be made within 14 days after the Chief Executive's determination (or such longer period as the Contact Arrangements Review Panel may allow); and

            (b)         must be made in a manner and form determined by the Contact Arrangements Review Panel.

        (3)         However, the Contact Arrangements Review Panel may only allow an extension of time under subsection (2)(a) if satisfied that special circumstances exist.

        (4)         The Contact Arrangements Review Panel need not conduct a review under this section if the Contact Arrangements Review Panel believes that the application—

            (a)         is frivolous, vexatious, misconceived or lacking in substance; or

            (b)         is being used for an improper purpose; or

            (c)         is otherwise an abuse of process,

and, in such a case, a further application relating to the same matter may only be made with the permission of the Contact Arrangements Review Panel.

        (5)         The Contact Arrangements Review Panel may, on a review under this section—

            (a)         affirm the determination that is being reviewed; or

            (b)         vary the determination that is being reviewed; or

            (c)         set aside the determination being reviewed and—

                  (i)         substitute its own determination; or

                  (ii)         send the matter back to the Chief Executive for determination in accordance with any directions or recommendations that the Contact Arrangements Review Panel considers appropriate.

        (6)         The Chief Executive's determination as affirmed, varied or substituted by the Contact Arrangements Review Panel—

            (a)         will be taken to be a determination of contact arrangements in respect of the relevant child or young person; and

            (b)         has effect from the time specified by the Contact Arrangements Review Panel.

        (7)         A determination that has been affirmed, varied or substituted under this section cannot be the subject of a further review by the Contact Arrangements Review Panel.

        (8)         Subject to this Act, the Contact Arrangements Review Panel may determine its own procedures.

        (9)         The regulations may make further provision in relation to reviews under this section.