South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 26

26—Functions and powers of Guardian

        (1)         The functions of the Guardian are—

            (a)         to promote the best interests of children under the guardianship, or in the custody, of the Chief Executive, and in particular those in alternative care; and

            (b)         to act as an advocate for the interests of children under the guardianship, or in the custody, of the Chief Executive and, in particular, for any such child who has suffered, or is alleged to have suffered, sexual abuse; and

            (c)         to monitor the circumstances of children under the guardianship, or in the custody, of the Chief Executive; and

            (d)         to provide advice to the Minister on the quality of the provision of care for children under the guardianship, or in the custody of, the Chief Executive and on whether the children's needs are being met; and

            (e)         to inquire into, and provide advice to the Minister in relation to, systemic reform necessary to improve the quality of care provided for children in alternative care; and

            (f)         to investigate and report to the Minister on matters referred to the Guardian by the Minister; and

            (g)         such other functions as may be conferred on the Guardian by or under this or any other Act.

        (2)         In carrying out functions under this section, the Guardian must—

            (a)         encourage children who are affected by issues that the Guardian has under consideration to express their own views and give proper weight to those views; and

            (b)         pay particular attention to the needs of children under the guardianship, or in the custody, of the Chief Executive who have a physical, psychological or intellectual disability; and

            (c)         receive and consider information, reports and materials relevant to carrying out the Guardian's functions.

        (3)         Subject to this Act, the Guardian has such powers as may be necessary or expedient for the performance of the Guardian's functions.

        (4)         In this section—

"alternative care" means care provided for a child on a residential basis—

            (a)         by or through a government or non-government agency; or

            (b)         in a foster home (including a foster home provided by a member of the child's family),

and includes care provided in a detention facility for a child who is held there in lawful detention and care provided under independent living arrangements made for a child under the Chief Executive's guardianship;

"Chief Executive" means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017 .