South Australian Numbered Regulations

CHILDREN'S PROTECTION REGULATIONS 2010 (NO 176 OF 2010) - REG 4

4—Aboriginal and Torres Strait Islander Child Placement Principle

        (1)         For the purposes of section 4(5) of the Act, the Aboriginal and Torres Strait Islander Child Placement Principle is as follows:

            (a)         the fundamental principles apply to the placement of an Aboriginal or Torres Strait Islander child with the additional requirement that in determining a child's best interests under subsection (4) of that section consideration must be given to the child's cultural needs and identity;

            (b)         subject to the fundamental principles, when an Aboriginal or Torres Strait Islander child is being placed in alternative care (other than care provided in a detention facility), consideration must be given to placing the child with the first in order of priority of the following persons who is available to provide the care:

                  (i)         a member of the child's family, as determined by reference to Aboriginal or Torres Strait Islander culture;

                  (ii)         a member of the child's community who has a relationship of responsibility for the child, as determined by reference to Aboriginal or Torres Strait Islander traditional practice or custom;

                  (iii)         a member of the child's community, as determined by reference to Aboriginal or Torres Strait Islander traditional practice or custom;

                  (iv)         a person—

                        (A)         in the case of an Aboriginal child—of Aboriginal cultural background; or

                        (B)         in the case of a Torres Strait Islander child—of Torres Strait Islander cultural background;

                  (v)         a person who is able to ensure that the child maintains significant contact with the child's family (as determined by reference to Aboriginal or Torres Straight Islander culture), the child's community or communities and the child's culture;

            (c)         if the placement of a child in alternative care in accordance with paragraph (b) is objected to by the child on reasonable grounds, consideration must be given to placing the child with the next person (determined in accordance with paragraph (b)) available to provide the care.

        (2)         In this regulation—

"fundamental principles" means the fundamental principles set out in section 4 of the Act (other than the principle in section 4(5) of the Act).