South Australian Current Acts

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

20O—Recommendations

        (1)         The CACYP may, on completing an inquiry under section 20M, or in response to issues observed by the CACYP in the course of such an inquiry, by notice in writing recommend to a State authority that the State authority—

            (a)         change practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or

            (b)         conduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or

            (c)         take such other action as may be specified by the CACYP.

        (2)         The responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the CACYP a report setting out—

            (a)         whether the State authority proposes, or does not propose, to implement the recommendation; and

            (b)         if the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and

            (c)         if the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented.

        (3)         If—

            (a)         a State authority proposes to implement a recommendation; and

            (b)         the CACYP is of the opinion that a State authority has failed or refused to do so,

the CACYP may require the State authority to provide to the CACYP within a specified period a report setting out the reasons for the failure or refusal.

        (4)         The CACYP may submit a copy of a report under subsection (3) to the Minister setting out the views of the CACYP in respect of the State authority's failure or refusal to implement a recommendation.

        (5)         The Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out—

            (a)         the Minister's response to the CACYP's report; and

            (b)         if any action has been taken, or is proposed to be taken, (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CACYP's report relates—details of that action or proposed action; and

            (c)         if no action is to be taken (whether by the Minister, a State authority or any other person or body) in relation to a recommendation to which the CACYP's report relates—the reasons for not taking action; and

            (d)         any other information required by the regulations.

        (6)         The Minister must, within 6 sitting days after completing a report under subsection (5), cause a copy of both the report and the CACYP's report under subsection (4) to be laid before both Houses of Parliament.