South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 20B

20B—Appointment of CACYP

        (1)         The CACYP will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment.

        (2)         A person appointed to be the CACYP is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as acting CACYP) that exceed 10 years in total.

        (3)         Despite a provision of the Equal Opportunity Act 1984 or any other Act or law, a person appointed to be the CACYP must be an Aboriginal person.

        (4)         The Governor may, by regulation, establish a scheme for the recruitment of the CACYP (and recruitment of the CACYP must comply with that scheme).

        (5)         A person may only be appointed to be the CACYP if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991 —

            (a)         the appointment has been approved by the Committee; or

            (b)         the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.

        (6)         Despite the Parliamentary Committees Act 1991 , the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (5) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991 ).

        (7)         If the CACYP was, immediately before their appointment, employed in the Public Service, the CACYP retains existing and accruing rights in respect of leave.

        (8)         The CACYP must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties.

        (9)         The Governor may, on the address of both Houses of Parliament, remove the CACYP from office.

        (10)         The Governor may suspend the CACYP from office (with, or without, pay) for—

            (a)         contravention of a condition of appointment; or

            (b)         misconduct or conduct that may bring the office of CACYP into disrepute; or

            (c)         failure or incapacity to carry out official duties satisfactorily.

        (11)         If the Governor suspends the CACYP from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.

        (12)         If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the CACYP to be restored to office, the CACYP is removed from office.

        (13)         If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the CACYP to be restored to office, the CACYP is restored to office.

        (14)         The office of CACYP becomes vacant if the holder—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Governor; or

            (d)         is nominated for election as a member of an Australian Parliament; or

            (e)         becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

            (f)         is convicted of—

                  (i)         an indictable offence against the law of this State; or

                  (ii)         an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

                  (iii)         an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

            (g)         is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

            (h)         becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016 ; or

                  (i)         is removed from office by the Governor under this section.

        (15)         Except as is provided by this section, the CACYP may not be removed or suspended from office, nor will the office of the CACYP become vacant.

        (16)         The CACYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995 .