South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 38

38—Powers of Committee

        (1)         Subject to this section, but without limiting any other provision of this Act, the Committee may, for the purposes of a review of a case of child death or serious injury, require a specified person (whether or not the person is a State authority, or an officer or employee of a State authority) to provide to the Committee such information or documents as may be specified in the notice (being information or documents in the possession of the person that the Committee reasonably requires for the review).

        (2)         A person must not refuse or fail to comply with a requirement under subsection (1).

Maximum penalty: $10 000.

        (3)         Subsection (2) does not apply to a prescribed person in relation to a child who is the subject of the review.

        (4)         The Committee cannot require a person to disclose or allow access to information or documents subject to the operation of Part 7 or 8 of the Health Care Act 2008 .

        (5)         If a State authority refuses or fails to comply with a requirement under subsection (1), the Committee may, after consultation with the State authority—

            (a)         report the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and

            (b)         include details of the refusal or failure in the annual report of the Committee.

        (6)         In this section—

"prescribed person", in relation to a child, means a parent, step-parent, foster parent, brother, sister, uncle, aunt, grandfather or grandmother of the child.