South Australian Current Acts South Australian Current Acts20M—CACYP may inquire into matters affecting Aboriginal children and
young people at systemic level
(1) Subject to this
Act, but otherwise in the CACYP's absolute discretion, the CACYP 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 Aboriginal children and
young people generally, or a particular group of Aboriginal children and young
people; and
(b) any
other matter declared by the regulations to fall within the ambit of this
subsection.
(2) However, the CACYP
may only conduct an inquiry under this section if the CACYP suspects
that—
(a) the
matter raises an issue of particular significance to Aboriginal 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 CACYP—
(a) may,
in the course of conducting an inquiry into matters of a systemic nature,
consider a matter affecting a particular Aboriginal 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 Aboriginal child or young person.
(4) The CACYP 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 CACYP may conduct an inquiry under this section in such manner as the
CACYP thinks fit.
(6) A State authority
must assist the CACYP in the conduct of an inquiry under this section as
requested by the CACYP.
(7) The CACYP 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.