South Australian Current Acts

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CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 15

15—CCYP may inquire into matters affecting children and young people at systemic level

        (1)         Subject to this Act, but otherwise in the CCYP's absolute discretion, the CCYP may conduct an inquiry into—

            (a)         the policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of children and young people generally, or a particular group of children and young people; and

            (b)         any other matter declared by the regulations to fall within the ambit of this subsection.

        (2)         However, the CCYP may only conduct an inquiry under this section if the CCYP suspects that—

            (a)         the matter raises an issue of particular significance to children and young people; and

            (b)         the matter is of a systemic nature rather than being limited to an isolated incident; and

            (c)         it is in the public interest to conduct the inquiry.

        (3)         To avoid doubt, and without limiting any other provision of this section, the CCYP

            (a)         may, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular child or young person; and

            (b)         may conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular child or young person.

        (4)         The CCYP must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency.

        (5)         Subject to this Act, the CCYP may conduct an inquiry under this section in such manner as the CCYP thinks fit.

        (6)         A State authority must assist the CCYP in the conduct of an inquiry under this section as requested by the CCYP.

        (7)         The CCYP must inform each relevant State authority as to the nature and timing of an inquiry under this section.

        (8)         In this section—

"inquiry agency" has the same meaning as in section 45.



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