South Australian Current Acts South Australian Current Acts61—CCYP, CACYP or Guardian may require information
(1) The CCYP, the
CACYP or the Guardian may, by notice in writing, 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 them such information, or such documents, as
may be specified in the notice (being information or documents in the
possession of the person or body that the CCYP, CACYP or Guardian reasonably
requires for the performance of functions under this Act).
(2) A person of whom a
requirement is made under subsection (1) must give the specified
information or documents to the CCYP, CACYP or Guardian (as the case requires)
within the period specified in the notice.
(2a) If a service of a
State authority is provided by a third party and the information or documents
required by the CCYP, CACYP or Guardian are held by the third party, the
person to whom a requirement is made under subsection (1) must take
reasonable steps to—
(a)
obtain from the third party the information or documents that are the subject
of the requirement; or
(b)
facilitate the provision by the third party to the CCYP, CACYP or Guardian (as
the case requires) of the information or documents that are the subject of the
requirement.
(3) A person who
refuses or fails to comply with a notice under subsection (1) is guilty
of an offence.
Maximum penalty: $10 000.
(4) If a
State authority refuses or fails to comply with a notice under
subsection (1), the CCYP, CACYP or Guardian (as the case requires) 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 CCYP,
CACYP or Guardian.
(5) The Minister may,
by notice in writing, exempt a specified person or body, or persons or bodies
of a specified class, from the operation of this section.
(6) An
exemption—
(a) may
be conditional or unconditional; and
(b) may
be varied or revoked by the Minister by further notice in writing.