South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Meaning of rights, development and wellbeing
   5.      State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc
   6.      Act to bind, and impose criminal liability on, the Crown

   PART 2--Commissioner for Children and Young People

           Division 1--Commissioner for Children and Young People

   7.      Commissioner for Children and Young People
   8.      Appointment of CCYP
   9.      Appointment of acting CCYP
   10.     Delegation
   11.     Staff and resources
   12.     Employees
   13.     Use of staff etc of Public Service
   13A.    Reporting obligations

           Division 2--Functions and powers of CCYP

   14.     General functions of CCYP
   14A.    Collaboration between CCYP and CACYP
   14B.    Referral of matters to CACYP
   14C.    Jurisdictional disputes
   15.     CCYP may inquire into matters affecting children and young people at systemic level
   16.     Powers of CCYP
   17.     Recommendations

           Division 3--Reporting

   18.     Report of inquiry under section 15
           19. CCYP may provide other reports
   20.     CCYP may publish reports

   PART 2A--Commissioner for Aboriginal Children and Young People

           Division 1--Commissioner for Aboriginal Children and Young People

   20A.    Commissioner for Aboriginal Children and Young People
   20B.    Appointment of CACYP
   20C.    Appointment of acting CACYP
   20D.    Delegation
   20E.    Staff and resources
   20F.    Employees
   20G.    Use of staff etc of Public Service
   20H.    Reporting obligations

           Division 2--Functions and powers of CACYP

   20I.    General functions of CACYP
   20J.    Collaboration between CACYP and CCYP
   20K.    Referral of matters to CCYP
   20L.    Jurisdictional disputes
   20M.    CACYP may inquire into matters affecting Aboriginal children and young people at systemic level
   20N.    Powers of CACYP
   20O.    Recommendations

           Division 3--Reporting

   20P.    Report of inquiry under section 20M
           20Q. CACYP may provide other reports
   20R.    CACYP may publish reports

   PART 3--Guardian for Children and Young People

   21.     Guardian for Children and Young People
   22.     Terms and conditions of appointment
   23.     Delegation
   24.     Staff and resources
   25.     Use of staff etc of Public Service
   26.     Functions and powers of Guardian
   27.     Participation of children and young people in development of practices etc
   28.     Reporting obligations
   29.     Guardian may provide other reports

   PART 4--Child Death and Serious Injury Review Committee

   30.     Continuation of Child Death and Serious Injury Review Committee
   31.     Terms and conditions of members
   32.     Presiding member
   33.     Procedures of the Committee
   34.     Delegation
   35.     Staff and resources
   36.     Use of staff and facilities etc
   37.     Functions of the Committee
   38.     Powers of Committee
   39.     Reporting obligations

   PART 5--Referral of matters

   40.     Guardian or Committee may refer matter to CCYP or CACYP
   41.     CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body
   42.     CCYP, CACYP and Guardian may make complaints to Ombudsman
   43.     CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner
   44.     Immediate reports to Parliament
   45.     Referral of matters to inquiry agencies etc not affected

   PART 6--Child Development Council

           Division 1--Child Development Council

   46.     Establishment of Child Development Council
   47.     Terms and conditions of membership
   48.     Presiding member and deputy presiding member
   49.     Delegation
   50.     Committees
   51.     Council's procedures
   52.     CCYP and CACYP or representative may attend meetings of Council
   53.     Staff and resources
   54.     Use of staff etc of Public Service
   55.     Functions and powers of Council
   56.     Reporting obligations

           Division 2--Outcomes Framework for Children and Young People

   57.     Outcomes Framework for Children and Young People
   58.     Statutory duty of State authorities in respect of Outcomes Framework

   PART 7--Information gathering and sharing

   59.     No obligation to maintain secrecy
   60.     CCYP or CACYP may require State authority to provide report
   61.     CCYP, CACYP or Guardian may require information
   62.     Sharing of information between certain persons and bodies
   63.     Interaction with Public Sector (Data Sharing) Act 2016

   PART 8--Miscellaneous

   64.     Obstruction etc
   65.     False or misleading statements
   66.     Confidentiality
   67.     Victimisation
   68.     Protections, privileges and immunities
   69.     Service
   71.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history