South Australian Numbered Acts

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YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 11

11—Training Centre Visitor

        (1)         There is to be a Training Centre Visitor.

        (2)         The Governor may appoint a person (who may be the Guardian for Children and Young Persons) to be the Visitor.

        (3)         If the person appointed to be the Visitor is not the Guardian for Children and Young Persons, the person will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.

        (4)         Subject to this section, the Guardian for Children and Young Persons will, if he or she is appointed to be the Visitor, hold office as such for so long as he or she holds office as the Guardian.

        (5)         The Governor may remove a person from office as the Visitor on the presentation of an address from both Houses of Parliament seeking the person's removal.

        (6)         The Governor may suspend a person from the position of Visitor on the ground of incompetence or misbehaviour and, in that event—

            (a)         a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and

            (b)         if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.

        (7)         The position of Training Centre Visitor becomes vacant if the person appointed to the position—

            (a)         dies; or

            (b)         resigns by written notice given to the Minister; or

            (c)         completes a term of appointment and is not reappointed; or

            (d)         is removed from the position by the Governor under subsection (5)

; or

            (e)         becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or

            (f)         is convicted of an indictable offence or sentenced to imprisonment for an offence; or

            (g)         becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or

            (h)         becomes, in the opinion of the Governor, mentally or physically incapable of exercising satisfactorily the functions of the position.

        (8)         The Minister may appoint a person to act in the position of Training Centre Visitor

            (a)         during a vacancy in the position; or

            (b)         when the Visitor is absent or unable to exercise the functions of the position; or

            (c)         if the Visitor is suspended from the position under subsection (6)

.



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