South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 42

42—CCYP, CACYP and Guardian may make complaints to Ombudsman

        (1)         Despite a provision of the Ombudsman Act 1972 , the CCYP, the CACYP or the Guardian may, on behalf of a child or young person, or a class of children or young people—

            (a)         make a complaint to the Ombudsman in respect of an administrative act; or

            (b)         make a prescribed child protection complaint to the Ombudsman,

and, for the purposes of the Ombudsman Act 1972 , such a complaint will be taken to be a complaint made under that Act.

        (1a)         The CACYP may only make a complaint under this section on behalf of an Aboriginal child or young person, a group of Aboriginal children and young people, or Aboriginal children and young people generally.

        (2)         Without limiting a provision of the Ombudsman Act 1972 , the Ombudsman, in respect of a complaint referred to in subsection (1)(b), has the same jurisdiction and any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 in respect of such a complaint.

        (3)         In this section—

"administrative act" has the same meaning as in the Ombudsman Act 1972 ;

"prescribed child protection complaint" has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004 .