{"id":"children-and-young-people-oversight-and-advocacy-bodies-act-2016","name":"Children and Young People (Oversight and Advocacy Bodies) Act 2016","slug":"children-and-young-people-oversight-and-advocacy-bodies-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31745,"registerId":"sa-children-and-young-people-oversight-and-advocacy-bodies-act-2016-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Commissioner for Children and Young People","content":"Part 2—Commissioner for Children and Young People\nDivision 1—Commissioner for Children and Young People\n7—Commissioner for Children and Young People\n\t(1)\tThere is to be a Commissioner for Children and Young People.\n\t(2)\tThe CCYP is independent of direction or control by the Crown or any Minister or officer of the Crown.\n8—Appointment of CCYP\n\t(1)\tThe CCYP will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment.\n\t(2)\tA person appointed to be the CCYP is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as acting CCYP) that exceed 10 years in total.\n\t(3)\tThe Governor may, by regulation, establish a scheme for the recruitment of the CCYP (and recruitment of the CCYP must comply with that scheme).\n\t(4)\tA person may only be appointed to be the CCYP if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991—\n\t(a)\tthe appointment has been approved by the Committee; or\n\t(b)\tthe Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.\n\t(5)\tDespite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (4) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991).\n\t(6)\tIf the CCYP was, immediately before their appointment, employed in the Public Service, the CCYP retains existing and accruing rights in respect of leave.\n\t(7)\tThe CCYP must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties.\n\t(8)\tThe Governor may, on the address of both Houses of Parliament, remove the CCYP from office.\n\t(9)\tThe Governor may suspend the CCYP from office (with, or without, pay) for—\n\t(a)\tcontravention of a condition of appointment; or\n\t(b)\tmisconduct or conduct that may bring the office of CCYP into disrepute; or\n\t(c)\tfailure or incapacity to carry out official duties satisfactorily.\n\t(10)\tIf the Governor suspends the CCYP from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.\n\t(11)\tIf, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the CCYP to be restored to office, the CCYP is removed from office.\n\t(12)\tIf within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the CCYP to be restored to office, the CCYP is restored to office.\n\t(13)\tThe office of CCYP becomes vacant if the holder—\n\t(d)\tis nominated for election as a member of an Australian Parliament; or\n\t(e)\tbecomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(f)\tis convicted of—\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(g)\tis sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or\n\t(ga)\tbecomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or\n\t(h)\tis removed from office by the Governor under this section.\n\t(14)\tExcept as is provided by this section, the CCYP may not be removed or suspended from office, nor will the office of the CCYP become vacant.\n\t(15)\tThe CCYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n9—Appointment of acting CCYP\n\t(1)\tThe Governor may appoint a person (who may be a Public Service employee) to act as the CCYP during any period for which—\n\t(a)\tno person is for the time being appointed as the CCYP; or\n\t(b)\tthe CCYP is absent from, or unable to discharge, official duties.\n\t(2)\tThe terms and conditions of appointment of the person appointed to act as the CCYP will be determined by the Governor.\n\t(3)\tA person appointed to act as the CCYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n10—Delegation\n\t(1)\tSubject to this section, the CCYP may delegate a function or power under this Act (other than a prescribed function or power) to any person or body that is, in the CCYP's opinion, competent to perform or exercise the relevant function or power.\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n11—Staff and resources\nThe Minister must provide the CCYP with the staff and other resources that the CCYP reasonably needs for carrying out the CCYP's functions.\n12—Employees\n\t(1)\tThe CCYP may engage employees on terms and conditions determined by the CCYP.\n\t(2)\tThe employees are not Public Service employees but will, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, be taken to be public sector employees employed by the CCYP.\n13—Use of staff etc of Public Service\nThe CCYP may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n13A—Reporting obligations\n\t(1)\tThe CCYP must, on or before 31 October in each year, report to the Minister on the performance of the CCYP's functions during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the CCYP, have copies of the report laid before both Houses of Parliament.\nDivision 2—Functions and powers of CCYP\n14—General functions of CCYP\n\t(1)\tThe functions of the CCYP are—\n\t(a)\tto promote and advocate for the rights and interests of all children and young people, or a particular group of children and young people, in South Australia; and\n\t(b)\tto promote the participation by children and young people in the making of decisions that affect their lives; and\n\t(c)\tto advise, and make recommendations to, Ministers, State authorities and other bodies (including non-Government bodies) on matters related to the rights, development and wellbeing of children and young people at a systemic level; and\n\t(d)\tto inquire under section 15 into matters related to the rights, development and wellbeing of children and young people at a systemic level (whether a Governmental system or otherwise); and\n\t(e)\tto assist in ensuring that the State, as part of the Commonwealth, satisfies its international obligations in respect of children and young people; and\n\t(f)\tto undertake or commission research into topics related to children and young people; and\n\t(g)\tto prepare and publish reports on matters related to the rights, development and wellbeing of children and young people at a systemic level; and\n\t(h)\tsuch other functions as may be conferred on the CCYP by or under this or any other Act.\n\t(2)\tWithout limiting any other provision of this Act, the CCYP should consult with and engage children and young people in the performance of the CCYP's functions under this Act, and in particular should seek to engage those groups of children and young people whose ability to make their views known is limited for any reason.\n14A—Collaboration between CCYP and CACYP\nThe CCYP should, in the performance of their functions, collaborate on matters of common interest with the CACYP to such extent as is reasonably practicable.\n14B—Referral of matters to CACYP\n\t(1)\tIf, in the course of performing functions under this Act, the CCYP becomes aware of a matter that, in the opinion of the CCYP, should be referred to the CACYP for action under this Act, then the CCYP may refer the matter to the CACYP.\n\t(2)\tNothing in subsection (1) prevents the CCYP from reporting or referring the matter under any other provision of this Act or any other Act.\n14C—Jurisdictional disputes\n\t(1)\tIf the CCYP becomes aware that the CACYP is inquiring into a matter under section 20M that appears to the CCYP to fall within the CCYP's jurisdiction, the CCYP must raise the matter with the CACYP and attempt to resolve which Commissioner should inquire into the matter.\n\t(2)\tIf the CCYP and CACYP are unable to resolve which Commissioner should inquire into the matter, the CCYP must refer the matter to the Minister.\n\t(3)\tThe Minister must determine whether the CCYP or the CACYP should inquire into the matter referred under subsection (2).\n\t(4)\tIf the Minister determines that the CACYP should inquire into the matter, the CCYP may not inquire into the matter (unless the Minister subsequently determines otherwise).\n15—CCYP may inquire into matters affecting children and young people at systemic level\n\t(1)\tSubject to this Act, but otherwise in the CCYP's absolute discretion, the CCYP may conduct an inquiry into—\n\t(a)\tthe policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of children and young people generally, or a particular group of children and young people; and\n\t(b)\tany other matter declared by the regulations to fall within the ambit of this subsection.\n\t(2)\tHowever, the CCYP may only conduct an inquiry under this section if the CCYP suspects that—\n\t(a)\tthe matter raises an issue of particular significance to children and young people; and\n\t(b)\tthe matter is of a systemic nature rather than being limited to an isolated incident; and\n\t(c)\tit is in the public interest to conduct the inquiry.\n\t(3)\tTo avoid doubt, and without limiting any other provision of this section, the CCYP—\n\t(a)\tmay, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular child or young person; and\n\t(b)\tmay conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular child or young person.\n\t(4)\tThe CCYP must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency.\n\t(5)\tSubject to this Act, the CCYP may conduct an inquiry under this section in such manner as the CCYP thinks fit.\n\t(6)\tA State authority must assist the CCYP in the conduct of an inquiry under this section as requested by the CCYP.\n\t(7)\tThe CCYP must inform each relevant State authority as to the nature and timing of an inquiry under this section.\ninquiry agency has the same meaning as in section 45.\n16—Powers of CCYP\n\t(1)\tFor the purposes of an inquiry under section 15, the CCYP has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if—\n\t(a)\tthe CCYP were a commission as so defined; and\n\t(b)\tthe subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under that Act.\n\t(2)\tFor the purposes of any other function under this Act, the CCYP has such powers as may be necessary or expedient for the performance of that function.\n17—Recommendations\n\t(1)\tThe CCYP may, on completing an inquiry under section 15, or in response to issues observed by the CCYP in the course of such an inquiry, by notice in writing recommend to a State authority that the State authority—\n\t(a)\tchange practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or\n\t(b)\tconduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or\n\t(c)\ttake such other action as may be specified by the CCYP.\n\t(2)\tThe responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the CCYP a report setting out—\n\t(a)\twhether the State authority proposes, or does not propose, to implement the recommendation; and\n\t(b)\tif the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and\n\t(c)\tif the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented.\n\t(3)\tIf—\n\t(a)\ta State authority proposes to implement a recommendation; and \n\t(b)\tthe CCYP is of the opinion that a State authority has failed or refused to do so,\nthe CCYP may require the State authority to provide to the CCYP within a specified period a report setting out the reasons for the failure or refusal.\n\t(4)\tThe CCYP may submit a copy of a report under subsection (3) to the Minister setting out the views of the CCYP in respect of the State authority's failure or refusal to implement a recommendation.\n\t(5)\tThe Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out—\n\t(a)\tthe Minister's response to the CCYP's report; and\n\t(b)\tif 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 CCYP's report relates—details of that action or proposed action; and\n\t(c)\tif 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 CCYP's report relates—the reasons for not taking action; and\n\t(d)\tany other information required by the regulations.\n\t(6)\tThe Minister must, within 6 sitting days after completing a report under subsection (5), cause a copy of both the report and the CCYP's report under subsection (4) to be laid before both Houses of Parliament.\n18—Report of inquiry under section 15\n\t(1)\tThe CCYP must, on completing an inquiry under section 15, prepare and deliver to the Minister a report on the inquiry (including details of any recommendations made in respect of the inquiry).\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament.\n\t(3)\tThe Minister must, on receiving a report under subsection (1)—\n\t(a)\tprovide a copy of the report to the Minister responsible for each area identified in the report; and\n\t(b)\tprepare a report setting out—\n\t(i)\tthe Minister's response to the CCYP's report; and\n\t(ii)\tif any action has been taken, or is proposed to be taken, (whether by a Minister, a State authority or any other person or body) in relation to the CCYP's report—details of that action or proposed action; and\n\t(iii)\tif no action is to be taken (whether by a Minister, a State authority or any other person or body) in relation to the CCYP's report—the reasons for not taking action; and\n\t(iv)\tany other information required by the regulations.\n\t(4)\tThe Minister must, within 6 sitting days after completing a report under subsection (3), cause a copy of the report to be laid before both Houses of Parliament.\n19—CCYP may provide other reports\n\t(1)\tThe CCYP may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the rights, development and wellbeing of children and young people at a systemic level.\n\t(2)\tThe Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.\n20—CCYP may publish reports\nThe CCYP may, once a report under this Part has been laid before each House of Parliament and after consultation with the Minister, publish all or part of the report as the CCYP thinks fit.\n","sortOrder":0},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Commissioner for Aboriginal Children and Young People","content":"Part 2A—Commissioner for Aboriginal Children and Young People\nDivision 1—Commissioner for Aboriginal Children and Young People\n20A—Commissioner for Aboriginal Children and Young People\n\t(1)\tThere is to be a Commissioner for Aboriginal Children and Young People.\n\t(2)\tThe CACYP is independent of direction or control by the Crown or any Minister or officer of the Crown.\n20B—Appointment of CACYP\n\t(1)\tThe CACYP will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment.\n\t(2)\tA person appointed to be the CACYP is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as acting CACYP) that exceed 10 years in total.\n\t(3)\tDespite a provision of the Equal Opportunity Act 1984 or any other Act or law, a person appointed to be the CACYP must be an Aboriginal person.\n\t(4)\tThe Governor may, by regulation, establish a scheme for the recruitment of the CACYP (and recruitment of the CACYP must comply with that scheme).\n\t(5)\tA person may only be appointed to be the CACYP if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991—\n\t(a)\tthe appointment has been approved by the Committee; or\n\t(b)\tthe Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.\n\t(6)\tDespite the Parliamentary Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (5) except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991).\n\t(7)\tIf the CACYP was, immediately before their appointment, employed in the Public Service, the CACYP retains existing and accruing rights in respect of leave.\n\t(8)\tThe CACYP must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties.\n\t(9)\tThe Governor may, on the address of both Houses of Parliament, remove the CACYP from office.\n\t(10)\tThe Governor may suspend the CACYP from office (with, or without, pay) for—\n\t(a)\tcontravention of a condition of appointment; or\n\t(b)\tmisconduct or conduct that may bring the office of CACYP into disrepute; or\n\t(c)\tfailure or incapacity to carry out official duties satisfactorily.\n\t(11)\tIf the Governor suspends the CACYP from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.\n\t(12)\tIf, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the CACYP to be restored to office, the CACYP is removed from office.\n\t(13)\tIf within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the CACYP to be restored to office, the CACYP is restored to office.\n\t(14)\tThe office of CACYP becomes vacant if the holder—\n\t(d)\tis nominated for election as a member of an Australian Parliament; or\n\t(e)\tbecomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(f)\tis convicted of—\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(g)\tis sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or\n\t(h)\tbecomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016; or\n\t(i)\tis removed from office by the Governor under this section.\n\t(15)\tExcept as is provided by this section, the CACYP may not be removed or suspended from office, nor will the office of the CACYP become vacant.\n\t(16)\tThe CACYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n20C—Appointment of acting CACYP\n\t(1)\tThe Governor may appoint a person (who may be a Public Service employee) to act as the CACYP during any period for which—\n\t(a)\tno person is for the time being appointed as the CACYP; or\n\t(b)\tthe CACYP is absent from, or unable to discharge, official duties.\n\t(2)\tDespite a provision of the Equal Opportunity Act 1984 or any other Act or law, a person appointed to act as the CACYP must be an Aboriginal person.\n\t(3)\tThe terms and conditions of appointment of the person appointed to act as the CACYP will be determined by the Governor.\n\t(4)\tA person appointed to act as the CACYP is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.\n20D—Delegation\n\t(1)\tSubject to this section, the CACYP may delegate a function or power under this Act (other than a prescribed function or power) to any person or body that is, in the CACYP's opinion, competent to perform or exercise the relevant function or power.\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n20E—Staff and resources\nThe Minister must provide the CACYP with the staff and other resources that the CACYP reasonably needs for carrying out the CACYP's functions.\n20F—Employees\n\t(1)\tThe CACYP may engage employees on terms and conditions determined by the CACYP.\n\t(2)\tThe employees are not Public Service employees but will, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, be taken to be public sector employees employed by the CACYP.\n20G—Use of staff etc of Public Service\nThe CACYP may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n20H—Reporting obligations\n\t(1)\tThe CACYP must, on or before 31 October in each year, report to the Minister on the performance of the CACYP's functions during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the CACYP, have copies of the report laid before both Houses of Parliament.\nDivision 2—Functions and powers of CACYP\n20I—General functions of CACYP\n\t(1)\tThe functions of the CACYP are—\n\t(a)\tto promote and advocate for the rights and interests of all Aboriginal children and young people, or a particular group of Aboriginal children and young people, in South Australia; and\n\t(b)\tto promote the participation by Aboriginal children and young people in the making of decisions that affect their lives; and\n\t(c)\tto advise, and make recommendations to, Ministers, State authorities and other bodies (including non‑Government bodies) on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level; and\n\t(d)\tto inquire under section 20M into matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level (whether a Governmental system or otherwise); and\n\t(e)\tto assist in ensuring that the State, as part of the Commonwealth, satisfies its international obligations in respect of Aboriginal children and young people; and\n\t(f)\tto undertake or commission research into topics related to Aboriginal children and young people; and\n\t(g)\tto prepare and publish reports on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level; and\n\t(h)\tsuch other functions as may be conferred on the CACYP by or under this or any other Act.\n\t(2)\tThe CACYP may perform a function in respect of an Aboriginal child or young person, or a particular group of Aboriginal children and young people, if, at the time the CACYP is performing the function, the CACYP believes on reasonable grounds that the child or young person is an Aboriginal child or young person, or the group of children and young people is a group of Aboriginal children and young people.\n\t(3)\tWithout limiting any other provision of this Act, the CACYP will consult with and engage Aboriginal children and young people, and their families and communities, in the performance of the CACYP's functions under this Act, and in particular will seek to engage those groups of Aboriginal children and young people, and their families and communities, whose ability to make their views known is limited for any reason.\nfamily, in relation to an Aboriginal child or young person or a Torres Strait Islander child or young person, includes—\n\t(a)\tthe child or young person's extended family; and\n\t(b)\tmembers of the child or young person's family who are not biologically related to the child or young person; and\n\t(c)\tany person related to the child or young person in accordance with Aboriginal or Torres Strait Islander traditional practice or custom (as the case requires),\nand families has a corresponding meaning.\n20J—Collaboration between CACYP and CCYP\nThe CACYP should, in the performance of their functions, collaborate on matters of common interest with the CCYP to such extent as is reasonably practicable.\n20K—Referral of matters to CCYP\n\t(1)\tIf, in the course of performing functions under this Act, the CACYP becomes aware of a matter that, in the opinion of the CACYP, should be referred to the CCYP for action under this Act, then the CACYP may refer the matter to the CCYP.\n\t(2)\tNothing in subsection (1) prevents the CACYP from reporting or referring the matter under any other provision of this Act or any other Act.\n20L—Jurisdictional disputes\n\t(1)\tIf the CACYP becomes aware that the CCYP is inquiring into a matter under section 15 that appears to the CACYP to fall within the CACYP's jurisdiction, the CACYP must raise the matter with the CCYP and attempt to resolve which Commissioner should inquire into the matter.\n\t(2)\tIf the CACYP and CCYP are unable to resolve which Commissioner should inquire into the matter, the CACYP must refer the matter to the Minister.\n\t(3)\tThe Minister must determine whether the CACYP or the CCYP should inquire into the matter referred under subsection (2).\n\t(4)\tIf the Minister determines that the CCYP should inquire into the matter, the CACYP may not inquire into the matter (unless the Minister subsequently determines otherwise).\n20M—CACYP may inquire into matters affecting Aboriginal children and young people at systemic level\n\t(1)\tSubject to this Act, but otherwise in the CACYP's absolute discretion, the CACYP may conduct an inquiry into—\n\t(a)\tthe policies, practices and procedures of a State authority or authorities as they relate to the rights, development and wellbeing of Aboriginal children and young people generally, or a particular group of Aboriginal children and young people; and\n\t(b)\tany other matter declared by the regulations to fall within the ambit of this subsection.\n\t(2)\tHowever, the CACYP may only conduct an inquiry under this section if the CACYP suspects that—\n\t(a)\tthe matter raises an issue of particular significance to Aboriginal children and young people; and\n\t(b)\tthe matter is of a systemic nature rather than being limited to an isolated incident; and\n\t(c)\tit is in the public interest to conduct the inquiry.\n\t(3)\tTo avoid doubt, and without limiting any other provision of this section, the CACYP—\n\t(a)\tmay, in the course of conducting an inquiry into matters of a systemic nature, consider a matter affecting a particular Aboriginal child or young person; and\n\t(b)\tmay conduct an inquiry under this section as a consequence of becoming aware of a matter affecting a particular Aboriginal child or young person.\n\t(4)\tThe CACYP must not conduct an inquiry under this section if to do so would be likely to impede an investigation or proposed investigation relating to a matter that is being, or is to be, conducted by an inquiry agency.\n\t(5)\tSubject to this Act, the CACYP may conduct an inquiry under this section in such manner as the CACYP thinks fit.\n\t(6)\tA State authority must assist the CACYP in the conduct of an inquiry under this section as requested by the CACYP.\n\t(7)\tThe CACYP must inform each relevant State authority as to the nature and timing of an inquiry under this section.\ninquiry agency has the same meaning as in section 45.\n20N—Powers of CACYP\n\t(1)\tFor the purposes of an inquiry under section 20M, the CACYP has the powers of a commission as defined in the Royal Commissions Act 1917 and that Act applies as if—\n\t(a)\tthe CACYP were a commission as so defined; and\n\t(b)\tthe subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under that Act.\n\t(2)\tFor the purposes of any other function under this Act, the CACYP has such powers as may be necessary or expedient for the performance of that function.\n20O—Recommendations\n\t(1)\tThe 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—\n\t(a)\tchange practices, policies or procedures in a specified way or review practices, policies or procedures to achieve specified outcomes; or\n\t(b)\tconduct, or participate in, specified educational programs or educational programs designed to achieve specified outcomes; or\n\t(c)\ttake such other action as may be specified by the CACYP.\n\t(2)\tThe responsible authority for a State authority must, in relation to a recommendation under subsection (1), provide to the CACYP a report setting out—\n\t(a)\twhether the State authority proposes, or does not propose, to implement the recommendation; and\n\t(b)\tif the State authority proposes to implement the recommendation—details of how the implementation is to be recommended; and\n\t(c)\tif the State authority does not propose to implement the recommendation—an explanation as to why the recommendation is not to be implemented.\n\t(3)\tIf—\n\t(a)\ta State authority proposes to implement a recommendation; and \n\t(b)\tthe CACYP is of the opinion that a State authority has failed or refused to do so,\nthe 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.\n\t(4)\tThe 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.\n\t(5)\tThe Minister must, on receiving a report under subsection (4), prepare a report to Parliament setting out—\n\t(a)\tthe Minister's response to the CACYP's report; and\n\t(b)\tif 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\n\t(c)\tif 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\n\t(d)\tany other information required by the regulations.\n\t(6)\tThe 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.\n20P—Report of inquiry under section 20M\n\t(1)\tThe CACYP must, on completing an inquiry under section 20M, prepare and deliver to the Minister a report on the inquiry (including details of any recommendations made in respect of the inquiry).\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament.\n\t(3)\tThe Minister must, on receiving a report under subsection (1)—\n\t(a)\tprovide a copy of the report to the Minister responsible for each area identified in the report; and\n\t(b)\tprepare a report setting out—\n\t(i)\tthe Minister's response to the CACYP's report; and\n\t(ii)\tif any action has been taken, or is proposed to be taken, (whether by a Minister, a State authority or any other person or body) in relation to the CACYP's report—details of that action or proposed action; and\n\t(iii)\tif no action is to be taken (whether by a Minister, a State authority or any other person or body) in relation to the CACYP's report—the reasons for not taking action; and\n\t(iv)\tany other information required by the regulations.\n\t(4)\tThe Minister must, within 6 sitting days after completing a report under subsection (3), cause a copy of the report to be laid before both Houses of Parliament.\n20Q—CACYP may provide other reports\n\t(1)\tThe CACYP may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the rights, development and wellbeing of Aboriginal children and young people at a systemic level.\n\t(2)\tThe Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.\n20R—CACYP may publish reports\nThe CACYP may, once a report under this Part has been laid before each House of Parliament and after consultation with the Minister, publish all or part of the report as the CACYP thinks fit.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Guardian for Children and Young People","content":"Part 3—Guardian for Children and Young People\n21—Guardian for Children and Young People\n\t(1)\tThere is to be a Guardian for Children and Young People.\n\t(2)\tThe Guardian is independent of direction or control by the Crown or any Minister or officer of the Crown.\n22—Terms and conditions of appointment\n\t(1)\tThe Guardian will be appointed by the Governor on the nomination of the Minister on conditions, and for a term (not exceeding 5 years), determined by the Governor and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.\n\t(2)\tThe Minister must, before nominating a person for appointment as Guardian, call for expressions of interest in accordance with a scheme determined by the Minister.\n\t(3)\tThe Guardian is not a Public Service employee.\n\t(4)\tIf the Guardian was, immediately before their appointment, employed in the Public Service, the Guardian retains existing and accruing rights in respect of leave.\n\t(5)\tThe office of Guardian becomes vacant if the holder—\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(g)\tis removed from office by the Governor under subsection (6).\n\t(6)\tThe appointment of the Guardian may be terminated by the Governor on the ground that the Guardian—\n\t(a)\thas been guilty of misconduct; or\n\t(b)\thas become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(c)\thas been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(d)\thas, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or\n\t(e)\tis incompetent or has neglected the duties of the position.\n23—Delegation\n\t(1)\tThe Guardian may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(c)\tdoes not derogate from the ability of the Guardian to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n24—Staff and resources\nThe Minister must provide the Guardian with the staff and other resources that the Guardian reasonably needs for carrying out the Guardian's functions.\n25—Use of staff etc of Public Service\nThe Guardian may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n26—Functions and powers of Guardian\n\t(1)\tThe functions of the Guardian are—\n\t(a)\tto 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\n\t(b)\tto 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\n\t(c)\tto monitor the circumstances of children under the guardianship, or in the custody, of the Chief Executive; and\n\t(d)\tto 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\n\t(e)\tto 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\n\t(f)\tto investigate and report to the Minister on matters referred to the Guardian by the Minister; and\n\t(g)\tsuch other functions as may be conferred on the Guardian by or under this or any other Act.\n\t(2)\tIn carrying out functions under this section, the Guardian must—\n\t(a)\tencourage 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\n\t(b)\tpay 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\n\t(c)\treceive and consider information, reports and materials relevant to carrying out the Guardian's functions.\n\t(3)\tSubject to this Act, the Guardian has such powers as may be necessary or expedient for the performance of the Guardian's functions.\nalternative care means care provided for a child on a residential basis—\n\t(a)\tby or through a government or non-government agency; or\n\t(b)\tin a foster home (including a foster home provided by a member of the child's family),\nand 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;\nChief Executive means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017.\n27—Participation of children and young people in development of practices etc\nThe Guardian must establish and maintain processes to ensure the participation of children and young people in strategic, policy or systemic practice development or review processes.\n28—Reporting obligations\n\t(1)\tThe Guardian must, at the request of the Minister, provide a report to the Minister on the performance of the Guardian's functions or on any other matter specified by the Minister.\n\t(2)\tThe Guardian must, on or before 31 October in each year, report to the Minister on the performance of the Guardian's functions during the preceding financial year.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report from the Guardian, have copies of the report laid before both Houses of Parliament.\n29—Guardian may provide other reports\n\t(1)\tThe Guardian may prepare and provide to the Minister, or to another Minister responsible for a particular area, reports on matters related to the Guardian's functions.\n\t(2)\tThe Minister to whom a report is provided under subsection (1) must, within 6 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Child Death and Serious Injury Review Committee","content":"Part 4—Child Death and Serious Injury Review Committee\n30—Continuation of Child Death and Serious Injury Review Committee\n\t(1)\tThe Child Death and Serious Injury Review Committee established under the Children's Protection Act 1993 continues in existence.\n\t(2)\tThe Committee consists of up to 20 members appointed by the Minister.\n\t(3)\tThe Committee is to be subject to direction by the Minister but—\n\t(a)\tthe Committee cannot be directed to make a particular finding or recommendation; and\n\t(b)\ta direction must be published in the annual report of the Committee relating to the period in which the direction was given.\n31—Terms and conditions of members\n\t(1)\tSubject to this section, a member of the Committee holds office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.\n\t(2)\tThe office of a member becomes vacant if the member—\n\t(c)\tresigns by written notice to the Minister; or\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(g)\tis removed from office by the Minister under subsection (3).\n\t(3)\tThe Minister may remove a member from office—\n\t(a)\tfor misconduct or conduct that brings the Committee into disrepute; or\n\t(b)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(c)\tif the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(d)\tif the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tif the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or\n\t(f)\tfor incompetence or neglecting the duties of the position; or\n\t(g)\tany other reason the Minister thinks fit.\n32—Presiding member\nThe Minister must appoint a member of the Committee as the presiding member of the Committee.\n33—Procedures of the Committee\n\t(1)\tSubject to this Act, a quorum of the Committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tThe Committee must meet at least 5 times in each year.\n\t(3)\tThe presiding member will preside at a meeting of the Committee and, in the absence of that person, a member chosen by the members present at the meeting will preside.\n\t(4)\tA question arising for decision at a meeting of the Committee will be decided by a majority of the votes cast by the members present at the meeting.\n\t(5)\tEach member present at a meeting of the Committee will be entitled to 1 vote on any question arising for decision at the meeting and, if the votes are equal, the person presiding will have a casting vote.\n\t(6)\tSubject to this Act and any directions of the Minister, the Committee may determine its own procedures.\n34—Delegation\n\t(1)\tThe Committee may delegate to a member, or a sub-committee of its members, any of its powers or functions under this Act. \n\t(c)\tdoes not derogate from the ability of the Committee to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n35—Staff and resources\nThe Minister must provide the Committee with the staff and other resources that the Committee reasonably needs for carrying out the Committee's functions.\n36—Use of staff and facilities etc\n\t(1)\tThe Committee may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n\t(2)\tThe Committee may, with the Minister's approval, engage an expert to assist it in the review of a particular case or in carrying out any other aspect of its functions.\n37—Functions of the Committee\n\t(1)\tThe functions of the Committee are—\n\t(a)\tto review cases in which children die or suffer serious injury with a view to identifying legislative or administrative means of preventing similar cases of death or serious injury in the future; and\n\t(b)\tto make, and monitor the implementation of, recommendations for avoiding preventable child death or serious injury; and\n\t(c)\tto maintain a database of child deaths and serious injuries and their circumstances and causes.\n\t(2)\tA review may be carried out if—\n\t(a)\tthe incident resulting in the child's death or serious injury occurred in the State; or\n\t(b)\tthe child was, at the time of the death or serious injury, ordinarily resident in the State.\n\t(3)\tThe Committee should review a case of child death or serious injury if—\n\t(a)\tthere are grounds to suspect that the death or serious injury may be due to abuse or neglect; or\n\t(b)\tthere are grounds to believe that the death or serious injury might have been prevented by some kind of systemic change; or\n\t(c)\tthere had been, within 3 years before the incident resulting in the death or serious injury, a notification to the Department of suspected abuse or neglect of the child, or a member of the child's family; or\n\t(d)\tthe child was, at the time of death or serious injury, under the guardianship, or in the custody, of the Chief Executive (within the meaning of the Children and Young People (Safety) Act 2017) or was in custody or detention or in the care of a government agency; or\n\t(e)\tthe case has been referred to the Committee by the State Coroner; or\n\t(f)\tthe case has been referred to the Committee by the Minister.\n\t(4)\tThe Committee may review a case of child death or serious injury that is the subject of an ongoing inquest or inquiry under the Coroners Act 2003 or an ongoing criminal investigation if—\n\t(a)\tthe Committee consults, in accordance with any requirements set out in the regulations, with—\n\t(i)\tif the case is the subject of an inquest or inquiry—the State Coroner; or\n\t(ii)\tif the case is the subject of a criminal investigation—the Commissioner of Police; and\n\t(b)\tthe Committee, in carrying out the review, takes all reasonable steps to avoid compromising the inquest, inquiry or investigation (as the case may be).\n\t(5)\tThe State Coroner or the Commissioner of Police (as the case may be) may, by notice in writing, direct that the Committee does, or refrains from doing, a particular thing in the course of a review if the Coroner or Commissioner (as the case may be) is of the opinion that such a direction is necessary to avoid compromise to an inquest, inquiry or investigation.\n\t(5a)\tIf the Committee contravenes a direction given under subsection (5), the State Coroner or the Commissioner of Police (as the case may be) may report the contravention to the Minister.\n\t(5b)\tHowever, a contravention of a direction given under subsection (5) does not affect the validity of a review carried out by, or a recommendation made by, the Committee.\n\t(6)\tWithout limiting the ways in which the Committee may conduct a review, a review may be carried out by examination of coronial and other records and reports relevant to the case under review.\n\t(7)\tThe Committee must not make a finding about civil or criminal liability.\n\t(8)\tThe database maintained by the Committee may only be inspected in accordance with the regulations.\n38—Powers of Committee\n\t(1)\tSubject 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).\n\t(2)\tA person must not refuse or fail to comply with a requirement under subsection (1).\n\t(3)\tSubsection (2) does not apply to a prescribed person in relation to a child who is the subject of the review.\n\t(4)\tThe 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.\n\t(5)\tIf a State authority refuses or fails to comply with a requirement under subsection (1), the Committee may, after consultation with the State authority—\n\t(a)\treport the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and\n\t(b)\tinclude details of the refusal or failure in the annual report of the Committee.\n\t(6)\tIn this section—\nprescribed person, in relation to a child, means a parent, step-parent, foster parent, brother, sister, uncle, aunt, grandfather or grandmother of the child.\n38A—Provisions relating to information\n\t(1)\tWithout limiting any other provision of this Act, or any other Act or law, the Committee, South Australia Police and the State Coroner may, in accordance with any requirements prescribed by the regulations, provide information to one another for the purposes of—\n\t(a)\tdetermining whether a review of a case of child death or serious injury should be carried out by the Committee under this Act; or\n\t(b)\tcarrying out such a review.\n\t(2)\tInformation that has been provided under subsection (1) for the purposes set out in that subsection must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information as a result of that disclosure.\n\t(3)\tA person cannot be compelled to do any of the following:\n\t(a)\tgive evidence of matters becoming known to them as a member or staff of the Committee through the performance of functions under this Act;\n\t(b)\tproduce a document that was prepared or made in the course of, or for the purposes of, a review of a case of child death or serious injury;\n\t(c)\tprovide information that became known in the course of a review of a case of child death or serious injury.\n\t(4)\tFor the purposes of the Freedom of Information Act 1991, a document prepared by the Committee under this Act will be taken to be an exempt document under that Act (including where the document is held by or in the possession of an agency other than the Committee).\n\t(5)\tFor the purposes of this section, a reference to staff of the Committee includes any staff or an expert contemplated by section 36.\n39—Reporting obligations\n\t(1)\tThe Committee must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by the Minister.\n\t(2)\tThe Committee must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament.\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"Referral of matters","content":"Part 5—Referral of matters\n40—Guardian or Committee may refer matter to CCYP or CACYP\n\t(1)\tIf, in the course of performing functions under this Act, the Guardian or the Committee becomes aware of a matter that, in the opinion of the Guardian or Committee, should be referred to the CCYP for action under Part 2 or to the CACYP for action under Part 2A, then the Guardian or Committee (as the case requires) may, in a manner and form determined by the CCYP or CACYP, refer the matter to the CCYP or CACYP (as the case requires).\n\t(2)\tSubsection (1) applies whether or not the Guardian or the Committee is reviewing, or has reviewed, an incident to which the matter relates.\n\t(3)\tNothing in subsection (1) prevents the Guardian or the Committee from reporting or referring the matter under any other provision of this Act or any other Act.\n41—CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body\n\t(1)\tIf, in the course of performing functions under this Act, the CCYP, the CACYP, the Guardian or the Committee becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, or corruption, misconduct or maladministration in public administration, then the CCYP, CACYP, Guardian or Committee (as the case requires)—\n\t(a)\tin the case of professional misconduct or unprofessional conduct—may report the matter to the relevant regulatory body for that profession; or\n\t(b)\tin the case of corruption in public administration—must refer the matter to the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012; or\n\t(c)\tin the case of misconduct or maladministration in public administration—must refer the matter to the Ombudsman under the Ombudsman Act 1972.\n\t(2)\tThe CCYP, the CACYP, the Guardian or the Committee (as the case requires) must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1)(a).\ncorruption in public administration means corruption in public administration within the meaning of the Independent Commission Against Corruption Act 2012;\nmisconduct or maladministration in public administration means misconduct in public administration or maladministration in public administration, within the meaning of the Ombudsman Act 1972.\n42—CCYP, CACYP and Guardian may make complaints to Ombudsman\n\t(1)\tDespite 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—\n\t(a)\tmake a complaint to the Ombudsman in respect of an administrative act; or\n\t(b)\tmake a prescribed child protection complaint to the Ombudsman,\nand, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act.\n\t(1a)\tThe 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.\n\t(2)\tWithout 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.\nadministrative act has the same meaning as in the Ombudsman Act 1972;\nprescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.\n43—CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner\n\t(1)\tSubject to this section, but despite a provision of the Health and Community Services Complaints Act 2004, the CCYP, the CACYP or the Guardian may make a complaint to the Health and Community Services Complaints Commissioner on behalf of a child or young person, or a class of children or young people, in respect of a ground referred to in section 25 of that Act (and such a complaint will be taken to be a complaint made under that Act).\n\t(2)\tIn determining whether to make a complaint under subsection (1), the CCYP, the CACYP or the Guardian (as the case requires)—\n\t(a)\tmust have regard to the fact that a prescribed child protection complaint should, unless it is a complaint of a kind identified in an administrative arrangement under section 28A of the Health and Community Services Complaints Act 2004, be made to the Ombudsman; and\n\t(b)\tmust consider whether a complaint should instead be made under section 42.\n\t(2a)\tThe 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.\n\t(3)\tNothing in this section limits the operation of section 28A of the Health and Community Services Complaints Act 2004.\nprescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004.\n44—Immediate reports to Parliament\n\t(1)\tThe CCYP, the CACYP, the Guardian or the Committee may make a report to the Parliament on any matter related to their functions under this Act if satisfied that the matter raises issues of such importance to the safety or wellbeing of children and young people that the Parliament should be made aware of the matter as a matter of urgency.\n\t(2)\tA copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly.\n\t(3)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses.\n\t(4)\tThe CCYP, the CACYP, the Guardian or the Committee (as the case requires) must also give a copy of the report to the Minister.\n45—Referral of matters to inquiry agencies etc not affected\n\t(1)\tNothing in this Act prevents a matter from being referred to an inquiry agency or any other appropriate person or body at any time (whether or not an inquiry or other proceedings are being or have been undertaken under this Act).\n\t(2)\tThe referral of a matter does not prevent the CCYP, the CACYP, the Guardian or the Committee from performing functions or exercising powers in respect of the matter (but in such a case the CCYP, CACYP, Guardian or Committee must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral).\ninquiry agency means—\n\t(a)\tSouth Australia Police; or\n\t(b)\tthe Ombudsman; or\n\t(c)\tthe State Coroner; or\n\t(d)\tthe Independent Commission Against Corruption; or\n\t(e)\tthe Commissioner for Public Sector Employment; or\n\t(f)\tthe Health and Community Services Complaints Commissioner; or\n\t(g)\tthe Guardian.\nPart 6—Child Development Council\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"Child Development Council","content":"Division 1—Child Development Council\n46—Establishment of Child Development Council\n\t(1)\tThe Child Development Council is established.\n\t(2)\tThe Council consists of up to 12 members appointed by the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the Council to carry out its functions effectively.\n\t(3)\tThe Minister must, before appointing a member to the Council, call for expressions of interest under a scheme determined by the Minister for the purposes of this section.\n\t(4)\tThe Minister may appoint a person to be the deputy of a member of the Council.\n\t(5)\tA deputy may act as a member of the Council during any period of absence of the member in relation to whom the deputy has been appointed.\n47—Terms and conditions of membership\n\t(1)\tSubject to this section, a member of the Council will hold office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.\n\t(2)\tThe office of a member becomes vacant if the member—\n\t(c)\tresigns by written notice to the Minister; or\n\t(iii)\tan offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or\n\t(g)\tis removed from office by the Minister under subsection (3).\n\t(3)\tThe Minister may remove a member from office—\n\t(a)\tfor misconduct or conduct that may bring the Council into disrepute; or\n\t(b)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(c)\tif the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or\n\t(d)\tif the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tif the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or\n\t(f)\tfor incompetence or neglecting the duties of the position; or\n\t(g)\tany other reason the Minister thinks fit.\n\t(4)\tAn act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n48—Presiding member and deputy presiding member\nThe Minister must appoint 1 of the members of the Council to be the presiding member of the Council and 1 to be the deputy presiding member.\n49—Delegation\n\t(1)\tThe Council may delegate a function or power under this Act (other than a prescribed function or power)—\n\t(a)\tto a member of the Council; or\n\t(b)\tto a committee established by the Council; or\n\t(c)\tto a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(c)\tdoes not derogate from the ability of the Council to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n50—Committees\n\t(1)\tThe Council may establish committees—\n\t(a)\tto advise the Council; or\n\t(b)\tto carry out functions on behalf of the Council.\n\t(2)\tThe membership of a committee will be determined by the Council and may, but need not, consist of, or include, members of the Council.\n\t(3)\tThe Council will determine who will be the presiding member of a committee.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Council; and\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n51—Council's procedures\n\t(1)\tSubject to this Act, a quorum of the Council consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tThe Council must meet at least 6 times in any calendar year.\n\t(3)\tThe presiding member will preside at a meeting of the Council and, in the absence of that person, or, in that member's absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Council must choose 1 of their number to preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by members of the Council at a meeting is a decision of the Council.\n\t(5)\tEach member present at a meeting of the Council has 1 vote on any question arising for decision (but, to avoid doubt, the member presiding at the meeting does not have a casting vote if the votes are equal).\n\t(6)\tThe Council must have accurate minutes kept of its meetings.\n\t(7)\tSubject to this Act and any direction of the Minister, the Council may determine its own procedures.\n52—CCYP and CACYP or representative may attend meetings of Council\nThe CCYP and the CACYP, or a person authorised in writing by the CCYP or the CACYP—\n\t(a)\tmay attend and take part in discussions at any meeting of the Council; and\n\t(b)\tmay have access to papers provided to members for the purposes of any meeting of the Council,\nbut does not have a vote on any question arising for decision at a meeting of the Council.\n53—Staff and resources\nThe Minister must provide the Council with the staff and other resources that the Council reasonably needs for carrying out the Council's functions.\n54—Use of staff etc of Public Service\nThe Council may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the staff, equipment or facilities of that administrative unit.\n55—Functions and powers of Council\n\t(1)\tThe primary function of the Council is to prepare and maintain the Outcomes Framework for Children and Young People.\n\t(2)\tThe Council has the following additional functions:\n\t(a)\tto advise and report to the Government on the effectiveness of the Outcomes Framework in—\n\t(i)\tkeeping children and young people safe from harm; and\n\t(ii)\tensuring that children and young people are cared for in a way that allows them to realise their potential; and\n\t(iii)\timproving the physical and mental health, and the emotional wellbeing, of children and young people; and\n\t(iv)\timproving the participation of children and young people in educational and vocational training; and\n\t(v)\timproving the participation of children and young people in sporting, creative, cultural and other recreational activities; and\n\t(vi)\tensuring that children and young people are properly prepared for taking their position in society as responsible citizens; and\n\t(vii)\tmaintaining the cultural identity of children and young people;\n\t(b)\tto promote the implementation of the Outcomes Framework in respect of matters affecting children and young people under the laws of the State;\n\t(c)\tsuch other functions as may be assigned to the Council under this or any other Act or by the Minister.\n\t(3)\tIn performing the functions under this section, the Council should, as far as is reasonably practicable, seek to work collaboratively with—\n\t(a)\tState authorities and Commonwealth agencies that have functions that are relevant to those of the Council; and\n\t(b)\trelevant industry, professional and community groups and organisations.\n\t(4)\tSubject to this Act, the Council has such powers as may be necessary or expedient for the performance of the Council's functions.\n56—Reporting obligations\n\t(1)\tThe Council must, at the request of the Minister, provide a report to the Minister on the performance of its functions or on any other matter specified by the Minister.\n\t(2)\tThe Council must, on or before 31 October in each year, report to the Minister on the performance of its functions during the preceding financial year.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under subsection (2), have copies of the report laid before both Houses of Parliament.\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Outcomes Framework for Children and Young People","content":"Division 2—Outcomes Framework for Children and Young People\n57—Outcomes Framework for Children and Young People\n\t(1)\tThere is to be an Outcomes Framework for Children and Young People.\n\t(2)\tWithout limiting any other matter that may be included in the Outcomes Framework, the Outcomes Framework must include a Charter for Children and Young People.\n\t(3)\tThe Outcomes Framework is to be prepared by the Child Development Council.\n\t(4)\tThe Council must, in preparing the Outcomes Framework—\n\t(a)\tact in accordance with any instructions of the Minister; and\n\t(b)\tconsult with—\n\t(i)\tthe CCYP and the CACYP; and\n\t(ii)\tany other person or body prescribed by the regulations,\nand may consult with any other person or body that the Council thinks appropriate; and\n\t(c)\tengage children and young people, and their parents, carers and families; and\n\t(d)\tensure an appropriate focus on the needs of priority population groups; and\n\t(e)\tdevelop performance indicators against which progress in relation to the development and wellbeing of children and young people in the State can be tracked over time.\n\t(5)\tThe regulations may make further provisions with regard to the Outcomes Framework including, without limiting the generality of this subsection, provisions relating to—\n\t(a)\thow the Outcomes Framework is to be prepared; and\n\t(b)\tthe form of the Outcomes Framework and any variation of the Outcomes Framework; and\n\t(c)\tthe kinds of information to be included in the Outcomes Framework; and\n\t(d)\tconsultation requirements relating to the Outcomes Framework; and\n\t(e)\tconsideration and approval of the Outcomes Framework by the Minister; and\n\t(f)\trequirements as to the ongoing review of the Outcomes Framework; and\n\t(g)\tvariation or substitution of the Outcomes Framework,\nincluding provisions limiting a matter referred to in a preceding paragraph.\n\t(6)\tThe Outcomes Framework, and any variation or substitution of the Outcomes Framework, has effect from the time it is approved by the Minister.\n\t(7)\tThe Council must, on the Outcomes Framework or a variation of the Outcomes Framework being approved by the Minister—\n\t(a)\tcause the Outcomes Framework or variation to be published in the Gazette; and\n\t(b)\tcause the Outcomes Framework to be published on a website determined by the Minister.\n58—Statutory duty of State authorities in respect of Outcomes Framework\n\t(1)\tEvery State authority must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the Outcomes Framework.\n\t(2)\tA State authority will be taken not to be in breach of subsection (1) if the State authority is acting—\n\t(a)\tin accordance with a requirement under this or any other Act; or\n\t(b)\tin circumstances prescribed by the regulations.\n\t(3)\tA failure by a State authority to comply with this section does not, of itself, give rise to any civil liability against the Crown, the State authority or any other person.\n","sortOrder":6},{"sectionNumber":"Part 7","sectionType":"part","heading":"Information gathering and sharing","content":"Part 7—Information gathering and sharing\n59—No obligation to maintain secrecy\nNo obligation to maintain secrecy or other restriction on the disclosure of information applies in relation to the disclosure of information to the CCYP, the CACYP, the Guardian or the Committee under this Act, except an obligation or restriction designed to keep the identity of an informant or notifier secret.\n60—CCYP or CACYP may require State authority to provide report\n\t(1)\tThe CCYP or the CACYP may, if the CCYP or CACYP is of the opinion that it is necessary or would otherwise assist the CCYP or CACYP in the performance of functions under this Act, require a State authority to prepare and provide a report to the CCYP or CACYP (as the case requires) in relation to the matters, and in accordance with any requirements, specified in the notice.\n\t(2)\tIf a State authority has not complied with a requirement under subsection (1), the CCYP or CACYP may require the State authority to provide to the CCYP or CACYP (as the case requires) within a specified period a report setting out the reasons for non-compliance.\n\t(3)\tThe CCYP or CACYP may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the CCYP or CACYP (as the case requires) in respect of the State authority's non-compliance.\n\t(4)\tThe Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out—\n\t(a)\tthe Minister's response to the CCYP's or CACYP's report; and\n\t(b)\tany other information required by the regulations.\n\t(5)\tThe Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the CCYP's or CACYP's report under subsection (3) to be laid before both Houses of Parliament.\n61—CCYP, CACYP or Guardian may require information\n\t(1)\tThe 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).\n\t(2)\tA 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.\n\t(2a)\tIf 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—\n\t(a)\tobtain from the third party the information or documents that are the subject of the requirement; or\n\t(b)\tfacilitate 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.\n\t(3)\tA person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence.\n\t(4)\tIf 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—\n\t(a)\treport the refusal or failure to the Minister and to the Minister responsible for the State authority (if any); and\n\t(b)\tinclude details of the refusal or failure in the annual report of the CCYP, CACYP or Guardian.\n\t(5)\tThe 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.\n\t(6)\tAn exemption—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\tmay be varied or revoked by the Minister by further notice in writing.\n62—Sharing of information between certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe CCYP;\n\t(ab)\tthe CACYP;\n\t(b)\tthe Guardian;\n\t(c)\tthe Committee;\n\t(d)\tthe Council;\n\t(e)\ta State authority;\n\t(f)\tany other person or body declared by the regulations to be included in the ambit of this subsection.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform official functions relating to the health, safety, welfare or wellbeing of a child or young person or class of children or young people; or\n\t(b)\tto manage any risk to a child or young person or class of children or young people that might arise in the recipient's capacity as an employer or provider of services.\n\t(3)\tDespite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the information or documents consist of or include prescribed information and documents; and\n\t(b)\twhether the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it.\n\t(5)\tInformation may be provided under this section regardless of whether the provider has been requested to provide the information.\n\t(6)\tIn this section—\nprescribed information and documents means—\n\t(a)\tinformation or documents relating to the health, safety, welfare or wellbeing of a particular child or young person or class of children or young people; or\n\t(b)\tany other information or document of a kind prescribed by the regulations for the purposes of this definition.\n63—Interaction with Public Sector (Data Sharing) Act 2016\nNothing in this Act affects the operation of the Public Sector (Data Sharing) Act 2016.\n","sortOrder":7},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n64—Obstruction etc\nA person must not, without reasonable excuse, obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the CCYP, the CACYP, the Guardian, the Committee or the Council in the performance or exercise of a function or power under this Act.\n65—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Act.\n66—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tfor the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children; or\n\t(e)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(f)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n67—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation.\n\t(2)\tCausing detriment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n\t(3)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(4)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\n\t(7)\tProceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(d)\tthreats of reprisal.\n68—Protections, privileges and immunities\n\t(1)\tNo liability attaches to the CCYP, the CACYP, the Guardian, a member of the Committee, a member of the Council or any other person for any act or omission in good faith in the exercise or purported exercise of powers or functions under this or any other Act.\n\t(2)\tNothing in this Act affects the privileges, immunities or powers of the Legislative Council or House of Assembly or their committees or members.\n\t(3)\tNothing in this Act affects any rule or principle of law relating to—\n\t(a)\tlegal professional privilege; or\n\t(b)\t\"without prejudice\" privilege; or\n\t(c)\tpublic interest immunity.\n\t(4)\tA person is excused from answering a question or producing a document or other material in connection with an inquiry if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court.\n\t(5)\tThe CCYP has, in connection with an inquiry under section 15, and the CACYP has, in connection with an inquiry under section 20M, the same protection, privileges and immunities as a Judge of the Supreme Court.\n\t(6)\tA person who provides information or a document to an inquiry under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court.\n\t(7)\tA legal practitioner who represents a person in connection with an inquiry under this Act has the same protection, privileges, immunities and obligations as counsel involved in proceedings before the Supreme Court.\n\t(8)\tA person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.\n69—Service\n\t(1)\tSubject to this Act, a notice or document required or authorised to be given to a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n71—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(c)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(d)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":8},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional provisions","content":"Part 6—Transitional provisions\n12—Guardian for Children and Young People\n\t(1)\tThe person who, immediately before the commencement of clause 2 of this Schedule, was the Guardian for Children and Young Persons under the Children's Protection Act 1993 will continue as the Guardian for Children and Young People as if he or she were appointed under Part 3 of this Act.\n\t(2)\tThe appointment will be taken to be subject to any terms, conditions or limitations applicable to the Guardian for Children and Young Persons immediately before the commencement of clause 2 of this Schedule.\n13—Commissioner for Aboriginal Children and Young People\n\t(1)\tThe person who, immediately before the commencement of this clause, was the Commissioner for Aboriginal Children and Young People appointed under the Constitution Act 1934—\n\t(a)\tceases to hold office on the commencement of this clause and any instrument of appointment or other agreement or arrangement relating to the office is terminated by force of this clause at the same time; and\n\t(b)\twill be taken, on the commencement of this clause, to be appointed under Part 2A of this Act for a term ending on 3 December 2021.\n\t(2)\tFor the purposes of section 20B(2), the term of appointment of the person referred to in subclause (1) is taken to have commenced on 3 December 2018.\n\t(3)\tThe operation of this clause does not amount to a break in service and the person referred to in subclause (1) retains existing and accruing rights in respect of leave regarding their appointment under the Constitution Act 1934.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Children and Young People (Oversight and Advocacy Bodies) Act 2016 amended the following:\nChildren's Protection Act 1993\nFreedom of Information Act 1991\nHealth and Community Services Complaints Act 2004\nOmbudsman Act 1972\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Children and Young People (Oversight and Advocacy Bodies) Act 2016 \n27.10.2016\n10.11.2016 (Gazette 10.11.2016 p4391) except ss 4, 5, Pt 2 Divs 2 & 3, Pts 3—7, ss 64, 65, 67, 69, 70 & Sch 1—18.12.2017 (Gazette 5.12.2017 p4840)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 3 (ss 18 to 21) & Pt 9 (s 46)—19.12.2017; Pt 9 (ss 47, 48)—22.10.2018 (Gazette 19.12.2017 p5119)\nChildren and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021\n30.9.2021\nPt 2 (ss 4 to 41)—21.10.2021 (Gazette 21.10.2021 p3788)\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\nSch 1 (cll 6, 7 & 76)—7.10.2021: s 2\nChildren and Young People (Oversight and Advocacy Bodies) (Child Death and Serious Injury Review Committee) Amendment Act 2024\n5.12.2024\n5.6.2025 (Gazette 5.6.2025 p1384)\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 6 & 7)—uncommenced\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended by 35/2021 s 4\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nAboriginal child or young person\ninserted by 35/2021 s 5(1)\nAboriginal person\ninserted by 35/2021 s 5(1)\nCommissioner for Aboriginal Children and Young People or CACYP\ninserted by 35/2021 s 5(2)\nCommissioner for Children and Young People or CCYP\nCommissioner for Children and Young People or Commissioner amended to read Commissioner for Children and Young People or CCYP by 35/2021 s 5(3)\nTorres Strait Islander child or young person\ninserted by 35/2021 s 5(4)\nTorres Strait Islander person\ninserted by 35/2021 s 5(4)\ns 4\n\ns 4(1)\namended by 35/2021 s 6(1)\ns 4(2)\namended by 35/2021 s 6(2)\ns 4(3)\namended by 35/2021 s 6(3)\ns 5\namended by 35/2021 s 7\nPt 2\n\nPt 2 Div 1\n\ns 7\n\ns 7(2)\namended by 35/2021 s 8\ns 8\n\ns 8(1)—(4)\ns 8(6)—(12)\ns 8(13)\namended by 35/2021 s 9(1), (2)\ns 8(14) and (15)\ns 9\n\ns 9(1)—(3)\namended by 35/2021 s 10\ns 10\n\ns 10(1)\namended by 35/2021 s 11(1), (2)\ns 11\namended by 35/2021 s 12(1), (2)\ns 12\n\ns 12(1) and (2)\namended by 35/2021 s 13\ns 13\namended by 35/2021 s 14\ns 13A\ninserted by 64/2017 s 46 \ns 13A(1)\namended by 35/2021 s 15(1), (2)\ns 13A(2)\namended by 35/2021 s 15(1)\nPt 2 Div 2\n\nheading\namended by 35/2021 s 16\ns 14\n\ns 14(1)\namended by 35/2021 s 17(1), (2)\ns 14(2)\namended by 35/2021 s 17(1), (3)\nss 14A—14C\ninserted by 35/2021 s 18\ns 15\n\ns 15(1)\namended by 35/2021 s 19(1)\ns 15(2)—(7)\namended by 35/2021 s 19(2)\ns 16\n\ns 16(1) and (2)\namended by 35/2021 s 20\ns 17\n\ns 17(1)—(4)\namended by 35/2021 s 21(1)\ns 17(5) and (6)\namended by 35/2021 s 21(2)\nPt 2 Div 3\n\ns 18\n\ns 18(1)\namended by 35/2021 s 22(1)\ns 18(3)\namended by 35/2021 s 22(2)\ns 19\n\ns 19(1)\namended by 35/2021 s 23\ns 20\namended by 35/2021 s 24\nPt 2A\ninserted by 35/2021 s 25\nPt 3\n\ns 26\n\ns 26(1)\namended by 64/2017 s 47(1)—(4) \ns 26(2)\namended by 64/2017 s 47(5) \ns 26(4)\n\nalternative care\namended by 64/2017 s 47(6) \nChief Executive\ninserted by 64/2017 s 47(7) \nPt 4\n\ns 37\n\ns 37(3)\namended by 64/2017 s 48 \n\namended by 60/2024 s 3(1)\ns 37(4) and (5)\nsubstituted by 60/2024 s 3(2)\ns 37(5a) and (5b)\ninserted by 60/2024 s 3(2)\ns 38A\ninserted by 60/2024 s 4\nPt 5\n\ns 40\n\ns 40(1)\namended by 35/2021 s 26(1), (2)\ns 41\n\ns 41(1)\namended by 38/2021 Sch 1 cl 6(1)\n\namended by 35/2021 s 27(1), (2)\ns 41(2)\namended by 35/2021 s 27(3)\ns 41(3)\namended by 38/2021 Sch 1 cl 6(2)\ns 42\n\ns 42(1)\namended by 35/2021 s 28(1)\ns 42(1a)\ninserted by 35/2021 s 28(2)\ns 43\n\ns 43(1) and (2)\namended by 35/2021 s 29(1)\ns 43(2a)\ninserted by 35/2021 s 29(2)\ns 44\n\ns 44(1) and (4)\namended by 35/2021 s 30\ns 45\n\ns 45(2)\namended by 35/2021 s 31(1), (2)\ns 45(3)\n\ninquiry agency\namended by 38/2021 Sch 1 cl 7\nPt 6\n\ns 52\namended by 35/2021 s 32(1), (2)\ns 57\n\ns 57(4)\namended by 35/2021 s 33\nPt 7\n\ns 59\namended by 35/2021 s 34\ns 60\n\ns 60(1)\namended by 35/2021 s 35(1)—(3)\ns 60(2)\namended by 35/2021 s 35(4), (5)\ns 60(3)\namended by 35/2021 s 35(6), (7)\ns 60(4)\namended by 35/2021 s 35(8)\ns 60(5)\namended by 35/2021 s 35(9)\ns 61\n\ns 61(1)\namended by 35/2021 s 36(1), (2)\ns 61(2)\namended by 35/2021 s 36(3)\ns 61(2a)\ninserted by 35/2021 s 36(4)\ns 61(4)\namended by 35/2021 s 36(5)\ns 62\n\ns 62(1)\namended by 35/2021 s 37\ns 63\namended by 60/2024 s 5\nPt 8\n\ns 64\namended by 35/2021 s 38\ns 68\n\ns 68(1)\namended by 35/2021 s 39(1)\ns 68(5)\namended by 35/2021 s 39(2), (3)\ns 70\ndeleted by 35/2021 s 40\nSch 1\n\nPts 1—5\nomitted under Legislation Revision and Publication Act 2002\ncl 13\ninserted by 35/2021 s 41\nTransitional etc provisions associated with Act or amendments\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017, Pt 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016\n18—Interpretation\nUnless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Oversight and Advocacy Bodies) Act 2016 has the same meaning as in that Act.\n19—Expiry of Part\nThis Part will expire on the day that the transitional period ends.\n20—Continuation of members of Child Death and Serious Injury Review Committee\n\t(1)\tSubject to the Children and Young People (Oversight and Advocacy Bodies) Act 2016, the appointment of a member of the Child Death and Serious Injury Review Committee under the Children's Protection Act 1993 holding office immediately before the commencement of this section will continue for the remainder of their term of office (and the appointment will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to be an appointment by the Minister under section 30 of that Act).\n\t(2)\tAn appointment continued under this section will be taken to be subject to any terms, conditions or limitations applicable to the appointment immediately before the commencement of this section.\n21—Continuation of chair as presiding member\nThe member of the Child Death and Serious Injury Review Committee who was, immediately before the commencement of this section, the chair of the Committee will continue as the presiding member of the Committee (and will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to have been appointed by the Minister under section 32 of that Act).\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\n\n","sortOrder":10}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":792},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2016 form. The 2021 amendments inserted an entirely new Part 2A creating the Commissioner for Aboriginal Children and Young People, substantially duplicating the CCYP structure. This transformed the Act from a general children's oversight framework to one with parallel Indigenous-specific institutions. The 2024 amendments further expanded the Child Death and Serious Injury Review Committee's information-sharing powers. The original scope of 'oversight and advocacy bodies' has grown to encompass distinct statutory recognition of Aboriginal self-determination in child protection oversight."},"complexity_factors":["Parallel structures for CCYP and CACYP with near-identical provisions, creating duplication and cross-referencing requirements","Multiple interlocking bodies with referral pathways and jurisdictional dispute resolution mechanisms (ss 14A-14C, 20J-20L, 40-45)","Extensive cross-references to other legislation (Royal Commissions Act 1917, Ombudsman Act 1972, Health and Community Services Complaints Act 2004, etc.)","Conditional powers for inquiries requiring three cumulative thresholds (significance, systemic nature, public interest) in ss 15(2) and 20M(2)","Detailed procedural requirements for reporting and parliamentary tabling with specific timeframes (e.g., '6 sitting days')","Complex appointment and removal processes involving Governor, Minister, and Parliamentary Committees with suspension procedures requiring parliamentary addresses","Multiple defined terms including culturally specific definitions for Aboriginal and Torres Strait Islander identity (s 3)","Nested exceptions and limitations on powers (e.g., inquiry powers excluded where they would impede other investigations)","Information sharing provisions with conditions and exemptions across multiple sections (59-63)","Transitional provisions and amendment history showing significant evolution since 2016"],"plain_english_summary":"This South Australian law creates a comprehensive system of independent oversight and advocacy for children and young people. It establishes **five key bodies**:\n\n**1. Commissioner for Children and Young People (CCYP)** — An independent advocate who promotes the rights of all children under 18, conducts systemic inquiries into government policies affecting children, and can compel state agencies to provide information. The CCYP has powers similar to a Royal Commission when conducting inquiries.\n\n**2. Commissioner for Aboriginal Children and Young People (CACYP)** — A separate independent commissioner specifically for Aboriginal and Torres Strait Islander children, who must be an Aboriginal person. This recognises the distinct needs and rights of First Nations children, including their cultural identity and connection to community.\n\n**3. Guardian for Children and Young People** — Continues an existing role focused on children under the care or guardianship of the state (particularly those in foster care or residential care), advocating for their best interests and monitoring their wellbeing.\n\n**4. Child Death and Serious Injury Review Committee** — Reviews cases where children die or suffer serious injury to identify systemic failures and prevent future tragedies. It maintains a database and can make recommendations, though it cannot determine civil or criminal liability.\n\n**5. Child Development Council** — Develops and maintains an \"Outcomes Framework\" — essentially a charter and set of measurable goals for how South Australia should support children's safety, health, education, and development.\n\n**Key features across all bodies:**\n- Independence from government direction\n- Powers to require information from state agencies (with penalties for non-compliance)\n- Obligations to report to Parliament\n- Protections for people who provide information\n- Requirements for state agencies to consider children's rights under international law, including the UN Convention on the Rights of the Child\n\nThe two Commissioners can refer matters between each other and must resolve jurisdictional disputes through the Minister if needed. All bodies can share information to protect children, and there are strong confidentiality protections."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the principal Act, the statutory architecture has been broadened by later amendments that materially changed scope. Notably, Part 2A (a standalone Commissioner for Aboriginal Children and Young People with specific appointment and functional rules) was inserted in 2021 (Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021). Further amendments in 2024 strengthened the Child Death and Serious Injury Review Committee's information‑sharing and review provisions (Amendment Act 2024 inserting s 38A and updating s 37). These changes add a specialized statutory office for Aboriginal children, expand formal information‑sharing across police/coroner/review bodies, and refine inquiry powers — shifting the Act from a single‑commissioner model to a more complex multi‑body oversight system with enhanced data‑sharing and role differentiation (see Pt 2A insertions and 2024 amendments referenced in the legislative history)."},"complexity_factors":["Multiple bodies with interlocking functions: CCYP, CACYP, Guardian, Child Death and Serious Injury Review Committee, Child Development Council (Parts 2, 2A, 3, 4, 6).","Extensive reporting and parliamentary‑laying requirements with tight timeframes (annual reports due by 31 October; reports to be laid within 6 sitting days) (ss 13A, 18–20, 20P, 56).","Broad compulsory information powers with criminal penalties and exceptions (ss 38, 61; penalties up to $10,000): includes third‑party data obligations (s 61(2a)).","Use of royal‑commission powers for formal inquiries (ss 16(1), 20N(1)), cross‑referencing to the Royal Commissions Act 1917.","Complex data‑sharing and confidentiality regime that overrides or interacts with other statutes (ss 59–63, 38A), plus interaction with Public Sector (Data Sharing) Act 2016 (s 63).","Multiple jurisdictional‑overlap and referral mechanisms with Ministerial resolution (ss 14C, 20L, 45) creating conditional flows of authority.","Significant delegated discretion: appointment, suspension/removal powers, ministerial regulatory power including exemptions and code incorporation (ss 8–9, 20B–20C, 71).","Numerous cross‑references to other Acts (Ombudsman Act 1972, Health and Community Services Complaints Act 2004, Independent Commission Against Corruption Act 2012, Children and Young People (Safety) Act 2017, etc.).","Detailed transitional provisions and a history of post‑enactment amendments (e.g. Pt 2A inserted 2021; Committee changes 2024) increasing interpretive complexity.","Conditional exclusions and exceptions (e.g. limits to compel health records, prescribed persons, restrictions to avoid impeding other investigations) producing nested rules (ss 38(3)–(4), 15(4), 20M(4))."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes five statutory oversight/advocacy bodies for children and young people in South Australia: the Commissioner for Children and Young People (CCYP) (Part 2), the Commissioner for Aboriginal Children and Young People (CACYP) (Part 2A), the Guardian for Children and Young People (Part 3), the Child Death and Serious Injury Review Committee (the Committee) (Part 4), and the Child Development Council (the Council) (Part 6). (See Parts 2, 2A, 3, 4, 6.)\n\n- Gives the CCYP and CACYP independent powers to: promote and advocate for children’s rights, conduct systemic inquiries into policies and practices affecting children, make recommendations to State bodies, commission research and publish reports. Inquiries may use the powers of a royal commission for evidence‑gathering. (See ss 14–17; 20I–20N.)\n\n- Requires State authorities (a broad definition reaching public sector agencies, police, local councils and many public bodies) to assist inquiries, to have regard to an Outcomes Framework for Children and Young People prepared by the Child Development Council, and to seek to give effect to children’s rights in international instruments such as the UN Convention on the Rights of the Child. (See s 3 (State authority), ss 5, 57–58, s 15(6).)\n\n- Enables the CCYP, CACYP, Guardian and Committee to require information and reports from State authorities or specified persons, with penalties for non‑compliance (maximum fines in the Act are generally up to $10,000). There are specific obligations to provide reasons for failure to comply and reporting lines to Ministers and Parliament. (See ss 60–61, s 38(2), s 17(2)–(5).)\n\n- Creates statutory reporting and publication processes: annual reports and inquiry reports must be delivered to the Minister and laid before Parliament within prescribed timeframes; the Commissioners and Council may publish reports after consultation. (See ss 13A, 18–20, 20P–20R, 56.)\n\n- Confers information‑sharing powers between the oversight bodies, police and the State Coroner for child death/serious‑injury review, and allows specified information exchange despite other secrecy laws, while restricting further use of that information outside the specified purposes. Confidentiality protections and criminal penalties for improper disclosure are included. (See ss 38A, 59–63, 66.)\n\n- Provides immunities and legal protections for the bodies and their staff acting in good faith, and protects witnesses and legal representatives in inquiry work with privileges comparable to Supreme Court proceedings. (See s 68.)\n\n- Allows the Minister and Governor to appoint and, in certain circumstances, suspend or remove office‑holders; preserves ministerial power to make regulations including exemptions and procedures. (See ss 8–9, 20B–20C, 71.)\n\n\nWho is affected\n\n- Children and young people (defined as under 18) and subgroups including Aboriginal and Torres Strait Islander children (s 3(2) and definitions in s 3).\n- State authorities and public sector agencies that deliver services affecting children (broad definition in s 3).\n- Ministers, Parliament (because reports must be laid before both Houses), and public officials who must assist inquiries or respond to information requests.\n- Third‑party providers who deliver State‑contracted services: the Act can require a State authority to obtain information from such third parties or facilitate disclosure (s 61(2a)).\n\n\nWhy it matters (stated purpose and practical effects)\n\n- The Act creates statutory, independent oversight and advocacy architecture focused on systemic issues that affect children’s rights, wellbeing and safety (see ss 14, 20I, 26, 37, 55–57). Its stated purpose includes aligning State activity with international children’s rights instruments (s 5) and producing an Outcomes Framework to guide State action (ss 57–58).\n\n- Mechanically, it increases mandatory reporting and information‑sharing flows into the oversight bodies, gives them powers to compel documents and witnesses (including the use of royal‑commission‑style powers for formal inquiries), and requires State authorities to respond to recommendations and explain non‑implementation to Ministers and Parliament (ss 16–18, 17(2)–(5), 60–61). That generates compliance costs for State agencies (time, staff, record‑keeping) and creates public transparency via parliamentary reporting.\n\n\nAnalytical note on incentives, costs, trade‑offs and risks\n\n- Who pays: the State provides staff and resources for the bodies (ss 11, 20E, 24, 35, 53). The operating cost is borne by the public budget; compliance costs are borne by State authorities and, where relevant, service providers who must produce records or assist inquiries (ss 60–61, 61(2a)).\n\n- Who decides: the Commissioners, Guardian, Committee and Council have statutory discretion to select and run systemic inquiries (ss 15, 20M, 37). Where their jurisdictions overlap, the Minister resolves disputes (ss 14C, 20L). The Minister and Governor retain appointment and regulatory powers (ss 8–9, 20B, 71). These features create a mix of operational independence and executive control points.\n\n- Behavioural effects and compliance burdens: State authorities must assist inquiries and must \"have regard to\" and seek to give effect to the Outcomes Framework and international instruments (ss 5, 15(6), 58(1)). Those are mandatory duties of regard, not direct causes of civil liability (s 58(3) says failure to have regard does not by itself create civil liability). Nevertheless, agencies will face administrative cost and program‑design incentives to document compliance and respond to recommendations (ss 17, 60, 61).\n\n- Concentrated benefits vs diffuse costs: the primary, concentrated beneficiaries are the oversight bodies (statutory roles, powers and resourcing) and groups that may receive advocacy attention (e.g. Aboriginal children under CACYP, s 20I). The costs (staff time, disclosure, reporting) are dispersed across many State authorities and service providers.\n\n- Rent‑seeking/capture risk and discretion: the Act vests substantial discretion in Commissioners and the Minister (appointment, inquiry selection, regulation‑making, exemptions under s 61(5)). That discretion can focus activity where the Commissioners choose, and Ministerial directions or exemptions (ss 71 and 30(2) re: Committee directions) may affect priorities.\n\n- Overlap and duplication risk: multiple bodies can inquire, refer matters to each other, and report to Parliament. The Act anticipates jurisdictional overlap and creates a mechanism for Ministerial resolution (ss 14C, 20L). The practical risk is duplicated inquiries or parallel processes that could increase administrative burden or impede other investigations (the Act bars inquiries that would likely impede an ongoing inquiry agency investigation — ss 15(4), 20M(4)).\n\n- Information flows and privacy trade‑offs: the Act facilitates information sharing between oversight bodies, police and coroners (s 38A), and allows disclosures despite other secrecy laws (s 62). At the same time, it contains confidentiality protections and limits on further use (s 66, s 38A(2)). That structure increases the oversight bodies’ access to case information but retains limits to prevent broader re‑use.\n\n- Effect on private sector service providers and independent operators: where they deliver services on behalf of State authorities, they may be required to provide records or cooperate with information requests (s 61(2a)). The Act does not directly regulate commercial competition, prices or ownership — impacts on businesses will be largely administrative and compliance‑related rather than market‑structure changes.\n\n- Enforcement and remedies: many obligations are enforced by administrative measures (reports to Ministers, public disclosure in annual reports) and criminal fines for obstruction, false statements and improper disclosure (ss 64–66, 67). Non‑compliance may be publicly reported; the Act provides immunities for good‑faith action by the oversight bodies (s 68).\n\n\nPractical implementation risks\n\n- Resourcing: effective systemic inquiries and data collection require sustained staff and budget (ss 11, 20E, 24, 35, 53). \n- Coordination: overlapping jurisdiction across bodies and across State inquiry agencies (police, coroner, Ombudsman) requires clear operational protocols to avoid duplication or conflicts (ss 15(4), 20M(4), 45). \n- Ministerial/regulatory discretion: regulations and ministerial instructions can materially shape the Outcomes Framework and information access (ss 57(4)(a), 71), which creates implementation variability.\n\n\nBottom line (concise)\n\nThis Act sets up a statutory architecture of independent offices to monitor, investigate and promote the rights, development and wellbeing of children and young people in South Australia. It gives those offices teeth to compel information, to run systemic inquiries (including using royal‑commission‑style powers), and to require State agencies to respond publicly to recommendations, while preserving confidentiality and legal protections for inquiry work. The principal trade‑offs are increased transparency and investigatory capacity versus ongoing administrative cost for State agencies and potential overlap unless coordinated carefully. (Key provisions: ss 14–17, 20I–20N, 57–58, 60–62, 66–68.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The page returned was an error page from the SA legislation website, not the text of the Act itself."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Only the Act title and website navigation elements were provided","No substantive provisions, definitions, schedules, or operative clauses were available for analysis","Complexity score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Children and Young People (Oversight and Advocacy Bodies) Act 2016 (SA)** could not be retrieved. The legislation website returned a \"Page Not Found\" error, meaning the specific content of this South Australian law was not accessible at the time of analysis.\n\n### What we can tell you from the title alone:\n- This is a **South Australian** law passed in **2016**\n- It relates to **oversight and advocacy bodies** — meaning organisations whose job is to independently monitor, investigate, and speak up for the rights and interests of children and young people\n- It likely establishes or governs bodies such as a **Children's Commissioner** or similar watchdog roles\n- It would affect **children and young people in SA**, as well as government agencies, service providers, and anyone working with or caring for young people\n\n### What you should do:\nVisit the SA legislation website directly at [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for this Act by name to access the current version."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016","history":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016/history","analysis":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016/analysis","conflicts":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016/conflicts","importantCases":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016/important-cases","documents":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-act-2016/documents"}}