South Australian Numbered Acts

CHILDREN'S PROTECTION LAW REFORM (TRANSITIONAL ARRANGEMENTS AND RELATED AMENDMENTS) ACT 2017 (NO 64 OF 2017)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Amendment provisions
   4.      Interpretation

   PART 2--Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016

   5.      Interpretation
   6.      Expiry of Part
   7.      Certain applications for assessments of relevant history taken to be application for working with children check
   8.      Recognition of certain assessments of relevant history as working with children checks
   9.      Transitional provisions--teachers
   10.     Transitional provisions--persons employed under Children's Services Act 1985
   11.     Transitional provisions--health practitioners
   12.     Transitional provisions--foster parents
   13.     Transitional provisions--licensed foster care agencies
   14.     Transitional provisions--licensed children's residential facilities
   15.     Transitional provisions--employees in training centres etc
   16.     Transitional provisions--passenger transport services
   17.     Evidentiary provision

   PART 3--Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016

   18.     Interpretation
   19.     Expiry of Part
   20.     Continuation of members of Child Death and Serious Injury Review Committee
   21.     Continuation of chair as presiding member

   PART 4--Transitional provisions relating to Children and Young People (Safety) Act 2017

   22.     Interpretation
   23.     References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc
   24.     Chief Executive to be guardian of certain children and young people
   25.     Chief Executive to have custody of certain children and young people
   26.     Continuation of voluntary custody agreements
   27.     Continuation of approved foster parents as approved carers
   28.     Continuation of licensed foster care agencies
   29.     Continuation of licence to maintain children's residential facilities
   30.     Notifications of abuse or neglect and investigations etc under repealed Act to continue
   31.     Continuation of family care meetings under repealed Act
   32.     Orders relating to access to child or young person to continue as determination of Chief Executive
   33.     Continuation of certain delegations under Family and Community Services Act 1972
   34.     References to Families SA
   35.     Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people
   36.     Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017
   37.     Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017
   38.     Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017

   PART 5--Amendment of Births, Deaths and Marriages Registration Act 1996

   39.     Amendment of section 25--Application to register change of child's name
   40.     Insertion of section 25A
   41.     Amendment of section 38A--Notification by court appointed guardians

   PART 6--Amendment of Carers Recognition Act 2005

   42.     Amendment of section 5--Meaning of carer

   PART 7--Amendment of Child Safety (Prohibited Persons) Act 2016

   43.     Amendment of section 5--Interpretation
   44.     Amendment of section 8--Meaning of assessable information

   PART 8--Amendment of Child Sex Offenders Registration Act 2006

   45.     Amendment of Schedule 1--Class 1 and 2 offences

   PART 9--Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016

   46.     Insertion of section 13A
   47.     Amendment of section 26--Functions and powers of Guardian
   48.     Amendment of section 37--Functions of the Committee

   PART 10--Amendment of Children and Young People (Safety) Act 2017

   49.     Amendment of section 28--Chief Executive to prepare case plan in respect of certain children and young people
   50.     Amendment of section 32--Chief Executive must assess and take action on each report indicating child or young person may be at risk
   51.     Amendment of section 33--Chief Executive may refer matter
   52.     Amendment of section 53--Orders that can be made by Court
   53.     Amendment of section 90--Long-term care plan to be prepared
   54.     Amendment of section 103--Interpretation
   55.     Insertion of Chapter 7 Part 7A

   PART 7A--Assessment of employees in other residential facilities

   56.     Insertion of section 112A
   57.     Amendment of section 163--Protection of identity of persons who report to or notify Department
   58.     Insertion of section 166A
   59.     Amendment of section 170--Regulations
   60.     Amendment of Schedule 1--Repeal and related amendment

   PART 2--Amendment and repeal of Children's Protection Act 1993

   PART 11--Amendment of Coroners Act 2003

   61.     Amendment of section 3--Interpretation

   PART 12--Amendment of Criminal Law Consolidation Act 1935

   62.     Amendment of section 5--Interpretation
   63.     Amendment of section 49--Unlawful sexual intercourse
   64.     Amendment of section 50--Persistent sexual exploitation of a child
   65.     Amendment of section 57--Consent no defence in certain cases
   66.     Amendment of section 63B--Procuring child to commit indecent act etc

   PART 13--Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011

   67.     Amendment of section 3--Interpretation
   68.     Amendment of section 13--Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
   69.     Insertion of section 13A
   70.     Amendment of section 22--Composition of Board
   71.     Amendment section 23--Conditions of membership
   72.     Amendment of section 27--Registrars of Board
   73.     Amendment of section 28--Staff of Board

   PART 14--Amendment of Family and Community Services Act 1972

   74.     Amendment of section 6--Interpretation
   75.     Amendment of section 8--Delegation
   76.     Repeal of Part 2 Division 3
   77.     Repeal of Part 2 Division 5
   78.     Amendment of section 23--Special welfare funds
   79.     Amendment of section 36--Establishment of facilities and programmes for children
   80.     Repeal of Part 4 Division 2 Subdivision 3
   81.     Repeal of Part 4 Division 2 Subdivision 4
   82.     Repeal of Part 4 Division 2 Subdivision 8
   83.     Amendment of section 98--Liability of near relatives for maintenance of child
   84.     Amendment of section 99--Issue of summons for maintenance
   85.     Amendment of section 104--Order for payment of preliminary expenses
   86.     Amendment of section 105--Where order made during pregnancy
   87.     Amendment of section 111--Power of Chief Executive to accept settlement in full
   88.     Amendment of section 117--Order for payment of medical and like expenses
   89.     Amendment of section 142--Evidentiary provision
   90.     Amendment of section 145--Variation of order against near relative of child
   91.     Amendment of section 151--Orders may direct mode of payment
   92.     Amendment of section 156--Order for delivery of attached property
   93.     Amendment of section 158--Liability of persons contravening order
   94.     Amendment of section 159--Collection by police of money due to Chief Executive
   95.     Amendment of section 160--Caveats
   96.     Amendment of section 161--Warrant to enforce payments under orders
   97.     Amendment of section 163--Sale under warrant
   98.     Amendment of section 164--Assurances to purchaser
   99.     Amendment of section 165--Issue of warrant without previous demand
   100.    Amendment of section 166--Effect of payment under warrant
   101.    Amendment of section 176--Application for attachment of earnings order
   102.    Amendment of section 177--Employer to make payments under order
   103.    Amendment of section 179--Discharge, suspension or variation of order
   104.    Amendment of section 180--Cessation of attachment of earnings order
   105.    Amendment of section 183--Notice to defendants of payments made
   106.    Amendment of section 189--Payments by Crown etc
   107.    Amendment of section 195--Proof of payment or non-payment under maintenance order
   108.    Amendment of section 197--Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
   109.    Repeal of section 236
   110.    Amendment of section 236A--Hindering a person in execution of duty
   111.    Amendment of section 240--Evidentiary provision
   112.    Amendment of section 242--Chief Executive may require report
   113.    Repeal of section 250
   114.    Repeal of section 250A
   115.    Amendment of section 251--Regulations

   PART 15--Amendment of Intervention Orders (Prevention of Abuse) Act 2009

   116.    Amendment of section 3--Interpretation
   117.    Amendment of section 10--Principles for intervention against abuse
   118.    Amendment of section 16--Inconsistent Family Law Act or State child protection orders
   119.    Amendment of section 20--Application to Court for intervention order
   120.    Amendment of section 23--Determination of application for intervention order
   121.    Amendment of section 26--Intervention orders

   PART 16--Amendment of Mental Health Act 2009

   122.    Amendment of section 86--Minister's functions

   PART 17--Amendment of Residential Tenancies Act 1995

   123.    Amendment of section 89A--Termination based on domestic abuse
   124.    Amendment of section 105UA--Termination based on abuse of rooming house resident
   125.    Amendment of section 112--Restraining orders

   PART 18--Amendment of Spent Convictions Act 2009

   126.    Amendment of section 13--Exclusions
   127.    Amendment of section 13A--Exclusions may not apply
   128.    Amendment of Schedule 2--Provisions relating to proceedings before a qualified magistrate

   PART 19--Amendment of Summary Offences Act 1953

   129.    Substitution of section 66V

   PART 20--Amendment of Summary Procedure Act 1921

   130.    Amendment of section 99AAC--Child protection restraining orders
   131.    Amendment of section 99KA--Special restrictions relating to child protection restraining order proceedings

   PART 21--Amendment of Teachers Registration and Standards Act 2004

   132.    Amendment of section 3--Interpretation
   133.    Amendment of section 9--Membership of Teachers Registration Board
   134.    Amendment of section 10--Terms and conditions of membership
   135.    Amendment of section 21--Eligibility for registration
   136.    Amendment of section 22--Application for registration
   137.    Amendment of section 24--Conditions of registration
   138.    Insertion of section 24A
   139.    Amendment of section 28--Register
   140.    Amendment of section 30--Special authority for unregistered person to teach
   141.    Amendment of section 31--Register
   142.    Amendment of section 33--Cause for disciplinary action
   143.    Insertion of section 33A
   144.    Amendment of section 37--Employer to report dismissal
   145.    Insertion of section 52A
   146.    Amendment of section 61--Regulations

   PART 22--Amendment of Youth Court Act 1993

   147.    Amendment of section 7--Jurisdiction

   PART 23--Amendment of Youth Justice Administration Act 2016

   148.    Amendment of section 3--Objects and guiding principles
   149.    Amendment of section 4--Interpretation
   150.    Amendment of section 10--Official visitors
   151.    Amendment of section 14--Training Centre Visitor's functions
   152.    Amendment of section 43--Community programs
   153.    Insertion of section 21A