South Australian Numbered Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 (NO 48 OF 2016) - SECT 37

37—Functions of the Committee

        (1)         The functions of the Committee are—

            (a)         to review cases in which children die or suffer serious injury with a view to identifying legislative or administrative means of preventing similar cases of death or serious injury in the future; and

            (b)         to make, and monitor the implementation of, recommendations for avoiding preventable child death or serious injury; and

            (c)         to maintain a database of child deaths and serious injuries and their circumstances and causes.

        (2)         A review may be carried out if—

            (a)         the incident resulting in the child's death or serious injury occurred in the State; or

            (b)         the child was, at the time of the death or serious injury, ordinarily resident in the State.

        (3)         The Committee should review a case of child death or serious injury if—

            (a)         there are grounds to suspect that the death or serious injury may be due to abuse or neglect; or

            (b)         there are grounds to believe that the death or serious injury might have been prevented by some kind of systemic change; or

            (c)         there had been, within 3 years before the incident resulting in the death or serious injury, a notification to the Department of suspected abuse or neglect of the child, or a member of the child's family; or

            (d)         the child was, at the time of death or serious injury, under the guardianship, or in the custody, of the Minister or was in custody or detention or in the care of a government agency; or

            (e)         the case has been referred to the Committee by the State Coroner.

        (4)         The Committee must not review a case of child death or serious injury if to do so may compromise an ongoing criminal investigation of the case.

        (5)         The Committee must not review a case of child death or serious injury unless—

            (a)         a coronial inquiry has been completed; or

            (b)         the State Coroner requests the Committee to carry out a review; or

            (c)         the State Coroner indicates that there is no present intention to carry out a coronial inquiry.

        (6)         Without limiting the ways in which the Committee may conduct a review, a review may be carried out by examination of coronial and other records and reports relevant to the case under review.

        (7)         The Committee must not make a finding about civil or criminal liability.

        (8)         The database maintained by the Committee may only be inspected in accordance with the regulations.