{"id":"children-and-young-people-oversight-and-advocacy-bodies-regulations-2017","name":"Children and Young People (Oversight and Advocacy Bodies) Regulations 2017","slug":"children-and-young-people-oversight-and-advocacy-bodies-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235260,"registerId":"sa-children-and-young-people-oversight-and-advocacy-bodies-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Children and Young People (Oversight and Advocacy Bodies) Regulations 2017","content":"South Australia\nChildren and Young People (Oversight and Advocacy Bodies) Regulations 2017\nunder the Children and Young People (Oversight and Advocacy Bodies) Act 2016\n\nContents\n1\tShort title\n3\tInterpretation\n4\tState authorities\n5\tExemption\n6\tScheme for recruitment of Commissioner for Children and Young People\n7\tPrescribed functions and powers (section 10 of Act)\n8\tInformation required in report under section 17(5) of Act\n9\tInformation required in report under section 18(3) of Act\n9AA\tScheme for recruitment of Commissioner for Aboriginal Children and Young People\n9A\tPrescribed functions and powers (section 20D of Act)\n9B\tInformation required in report under section 20O(5) of Act\n9C\tInformation required in report under section 20P(3) of Act\n9D\tRequirements for consultation under section 37(4) of Act\n10\tInspection of database maintained by Child Death and Serious Injury Review Committee\n11\tReporting cases to Child Death and Serious Injury Review Committee\n12\tOutcomes Framework for Children and Young People\n13\tInformation to be set out in Minister's report to Parliament\n14\tRequirements for sharing of information\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Children and Young People (Oversight and Advocacy Bodies) Regulations 2017.\n3—Interpretation\nIn these regulations—\nAct means the Children and Young People (Oversight and Advocacy Bodies) Act 2016.\n4—State authorities\nFor the purposes of paragraph (f) of the definition of State authority in section 3(1) of the Act, a person or body who, pursuant to a contract for services or other agreement, provides services to children and young people and their families for, or on behalf of, a State authority is declared to be a State authority.\n5—Exemption\nPursuant to section 71 of the Act, a person or body declared to be a State authority under regulation 4 is exempt from the operation of section 58(1) of the Act.\n6—Scheme for recruitment of Commissioner for Children and Young People\n\t(1)\tFor the purposes of section 8(3) of the Act, the scheme for the recruitment of each Commissioner for Children and Young People is as follows:\n\t(a)\tthe Minister must make arrangements for the involvement of children and young people in the recruitment and selection process (including, to avoid doubt, by allocating sufficient resources for that purpose);\n\t(b)\tthe Minister must appoint a selection panel of up to 5 persons (of whom 2 must be young people) to propose the appointment of an applicant to the position of CCYP;\n\t(c)\tthe interview process for the position of CCYP must include (but need not be limited to) an exercise designed to assess the applicant's ability to engage, communicate and interact with children and young people, conducted in accordance with any requirements determined by the Minister;\n\t(d)\tthe selection panel may propose to the Minister that a specified applicant be appointed as the CCYP (and the Minister must refer that applicant to the Statutory Officers Committee in accordance with section 8 of the Act);\n\t(e)\tthe Minister may consult or cooperate with, or be assisted by, such persons and bodies as the Minister thinks fit in relation to the recruitment and selection process;\n\t(f)\tsubject to these regulations, and to any direction of the Minister, the selection panel may determine its own procedures;\n\t(g)\twithout limiting a preceding paragraph, the Minister may take such other actions in relation to, or impose such other requirements on, the recruitment and selection process for a CCYP as the Minister thinks fit.\n\t(2)\tA failure to comply with a requirement under this regulation does not, of itself, affect the validity of an appointment of a CCYP.\n7—Prescribed functions and powers (section 10 of Act)\nFor the purposes of section 10(1) of the Act, the following functions and powers are prescribed:\n\t(a)\tthe conduct of an inquiry under section 15 of the Act;\n\t(b)\ta power under section 16(1) of the Act;\n\t(c)\tthe making of recommendations under section 17 of the Act.\n8—Information required in report under section 17(5) of Act\nFor the purposes of section 17(5)(d) of the Act, such information as may be provided to the Minister by a State authority to whom the CCYP's report relates (being information the State authority wishes to be made available to the Parliament in reply to the views expressed or recommendations made in the CCYP's report) is required.\n9—Information required in report under section 18(3) of Act\nFor the purposes of section 18(3)(b)(iv) of the Act, such information as may be provided to the Minister by a State authority to whom the relevant inquiry under section 15 of the Act relates (being information the State authority wishes to be made available to the Parliament in reply to the views expressed or recommendations made in the CCYP's report on the inquiry) is required.\n9AA—Scheme for recruitment of Commissioner for Aboriginal Children and Young People\n\t(1)\tFor the purposes of section 20B(4) of the Act, the scheme for the recruitment of each Commissioner for Aboriginal Children and Young People is as follows:\n\t(a)\tthe Minister must make arrangements for the involvement of Aboriginal children and young people in the recruitment and selection process (including, to avoid doubt, by allocating sufficient resources for that purpose);\n\t(b)\tthe Minister must appoint a selection panel of up to 5 persons to propose the appointment of an applicant to the position of CACYP which must include—\n\t(i)\t2 Aboriginal young people; and\n\t(ii)\tan Aboriginal community representative; and\n\t(iii)\ta senior Aboriginal public sector employee;\n\t(c)\tthe interview process for the position of CACYP must include (but need not be limited to) an exercise designed to assess the applicant's ability to engage, communicate and interact with Aboriginal children and young people, conducted in accordance with any requirements determined by the Minister;\n\t(d)\tthe selection panel may propose to the Minister that a specified applicant be appointed as the CACYP (and the Minister must refer that applicant to the Statutory Officers Committee in accordance with section 20B of the Act);\n\t(e)\tthe Minister may consult or cooperate with, or be assisted by, such persons and bodies as the Minister thinks fit in relation to the recruitment and selection process;\n\t(f)\tsubject to these regulations, and to any direction of the Minister, the selection panel may determine its own procedures;\n\t(g)\twithout limiting a preceding paragraph, the Minister may take such other actions in relation to, or impose such other requirements on, the recruitment and selection process for a CACYP as the Minister thinks fit.\n\t(2)\tA failure to comply with a requirement under this regulation does not, of itself, affect the validity of an appointment of a CACYP.\n9A—Prescribed functions and powers (section 20D of Act)\nFor the purposes of section 20D(1) of the Act, the following functions and powers are prescribed:\n\t(a)\tthe conduct of an inquiry under section 20M of the Act;\n\t(b)\ta power under section 20N(1) of the Act;\n\t(c)\tthe making of recommendations under section 20O of the Act.\n9B—Information required in report under section 20O(5) of Act\nFor the purposes of section 20O(5)(d) of the Act, such information as may be provided to the Minister by a State authority to whom the CACYP's report relates (being information the State authority wishes to be made available to the Parliament in reply to the views expressed or recommendations made in the CACYP's report) is required.\n9C—Information required in report under section 20P(3) of Act\nFor the purposes of section 20P(3)(b)(iv) of the Act, such information as may be provided to the Minister by a State authority to whom the relevant inquiry under section 20M of the Act relates (being information the State authority wishes to be made available to the Parliament in reply to the views expressed or recommendations made in the CACYP's report on the inquiry) is required.\n9D—Requirements for consultation under section 37(4) of Act\nFor the purposes of section 37(4) of the Act, consultation under that subsection must comply with the following requirements:\n\t(a)\tin the case of consultation with the State Coroner—the Committee must provide the State Coroner with written notice of the proposed review setting out—\n\t(i)\tthe fact that the Committee intends to review a specified case of child death or serious injury that is the subject of an ongoing inquest or inquiry under the Coroners Act 2003; and\n\t(ii)\tthe proposed terms of reference of the review; and\n\t(iii)\tthe date on which the review is to commence (being not less than 14 days after the day on which the written notice is given to the State Coroner); and\n\t(iv)\tany information of which the Committee is aware and that would, in the opinion of the Committee, assist the State Coroner to determine whether a direction should be given under section 37(5) of the Act (and, if so, the terms of such a direction);\n\t(b)\tin the case of consultation with the Commissioner of Police—the Committee must provide the Commissioner of Police with written notice of the proposed review setting out—\n\t(i)\tthe fact that the Committee intends to review a specified case of child death or serious injury that is the subject of an ongoing criminal investigation; and\n\t(ii)\tthe proposed terms of reference of the review; and\n\t(iii)\tthe date on which the review is to commence (being not less than 14 days after the day on which the written notice is given to the Commissioner of Police); and\n\t(iv)\tany other information of which the Committee is aware and that would, in the opinion of the Committee, assist the Commissioner of Police to determine whether a direction should be given under section 37(5) of the Act (and, if so, the terms of such a direction).\n10—Inspection of database maintained by Child Death and Serious Injury Review Committee\nFor the purposes of section 37(8) of the Act, the database maintained by the Committee may only be inspected by the following persons:\n\t(a)\tthe Commissioner of Police or a person authorised by the Commissioner of Police;\n\t(b)\tthe State Coroner or a person authorised by the State Coroner;\n\t(c)\tthe Ombudsman or a person authorised by the Ombudsman;\n\t(d)\ta member of the Committee;\n\t(e)\tthe Commissioner for Children and Young People;\n\t(ea)\tthe Commissioner for Aboriginal Children and Young People;\n\t(f)\tthe Health and Community Services Complaints Commissioner;\n\t(g)\ta person authorised by the Committee or the Minister.\n11—Reporting cases to Child Death and Serious Injury Review Committee\nThe Committee may enter into arrangements with State authorities under which information about child deaths and serious injuries will be passed on to the Committee.\n12—Outcomes Framework for Children and Young People\n\t(1)\tFor the purposes of section 57(4)(b)(ii) of the Act, the following persons and bodies are prescribed:\n\t(a)\tthe Minister to whom the administration of the Children and Young People (Safety) Act 2017 is committed;\n\t(b)\tthe Department (within the meaning of the Children and Young People (Safety) Act 2017);\n\t(c)\tthe Minister to whom the administration of the Education and Children's Services Act 2019 is committed;\n\t(d)\tthe administrative unit of the Public Service assisting a Minister with the administration of the Education and Children's Services Act 2019;\n\t(e)\tthe Minister to whom the administration of the Health Care Act 2008 is committed;\n\t(f)\tthe administrative unit of the Public Service assisting a Minister with the administration of the Health Care Act 2008;\n\t(g)\tthe Guardian for Children and Young People.\n\t(2)\tPursuant to section 57(5) of the Act, the Outcomes Framework must contain provisions of the following kinds:\n\t(a)\tprovisions designed to provide a common basis across the whole of government for creating strategies, setting objectives or developing or implementing policies related to or affecting children and young people;\n\t(b)\tprovisions addressing the needs of children and young people in each of the following areas:\n\t(i)\thealth;\n\t(ii)\tsafety;\n\t(iii)\twellbeing;\n\t(iv)\teducation;\n\t(v)\tpreparedness for adulthood;\n\t(c)\tprovisions requiring cooperation and, where appropriate, collaboration between State authorities and other persons or bodies performing functions and duties that relate to or affect children and young people;\n\t(d)\tprovisions designed to improve outcomes for Aboriginal and Torres Strait Islander children and young people in each of the areas referred to in paragraph (b), as well as any other areas particularly affecting Aboriginal and Torres Strait Islander children and young people;\n\t(e)\tprovisions designed to enable outcomes for children and young people in the State to be measured and reported on (including provisions requiring the collection of specified data relating to performance indicators referred to in section 57(4)(e) of the Act),\nand may contain such other provisions as the Council or Minister thinks fit.\n\t(3)\tPursuant to section 57(5) of the Act, the Council must (in addition to the consultation required under section 57(4)(b) of the Act) undertake additional consultation in respect of the preparation of the Outcomes Framework as follows:\n\t(a)\tconsultation with such persons or bodies as may be specified by the Minister;\n\t(b)\tsuch other consultation (including, without limiting the generality of this paragraph, community consultation) as may required by the Minister.\n\t(4)\tPursuant to section 57(5) of the Act, the Child Development Council may, with the approval of the Minister, vary or substitute the Outcomes Framework.\n\t(5)\tSubject to this regulation, in preparing a variation or substitution of the Outcomes Framework, the Council must undertake the following consultation:\n\t(a)\tin the case of a variation determined by the Minister to be a minor variation—\n\t(i)\tconsultation with the CCYP and the CACYP; and\n\t(ii)\tsuch other consultation as may be required by the Minister;\n\t(b)\tin any other case—the consultation required by section 57(4)(b) of the Act and subregulation (3) in the preparation of the Outcomes Framework.\n\t(6)\tPursuant to section 57(5) of the Act, the Child Development Council must review the Outcomes Framework at least once in each 3 year period.\n13—Information to be set out in Minister's report to Parliament\nFor the purposes of section 60(4) of the Act, such information as may be in the possession of the Minister setting out any response or views of the State authority in respect of the State authority's non-compliance that the State authority wishes to make known to Parliament.\n14—Requirements for sharing of information\nFor the purposes of section 62(2) of the Act, a provider must comply with the following requirements:\n\t(a)\tthe provider must confirm the identity of the recipient to whom prescribed information is to be provided;\n\t(b)\tthe provider must be satisfied that the recipient is, in fact, a person or body to whom section 62 of the Act applies;\n\t(c)\tthe provider must take reasonable steps to ensure that the prescribed information is not provided to any other person or body (being a person or body who is not a person or body to whom section 62 of the Act applies).\nLegislative history\nNotes\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 these regulations (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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n320\nGazette 5.12.2017 p4859 \n5.12.2017: r 2\n2021\n159\nGazette 21.10.2021 p3791\n21.10.2021: r 2\n2021\n171\nGazette 18.11.2021 p4040\n18.11.2021: r 2\n2025\n37\nGazette 5.6.2025 p1390\n5.6.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n21.10.2021\nr 6\n\n\nr 6(1)\nvaried by 159/2021 r 4(1)—(4)\n21.10.2021\nr 6(2)\nvaried by 159/2021 r 4(5)\n21.10.2021\nr 7\nvaried by 159/2021 r 5\n21.10.2021\nr 8\nvaried by 159/2021 r 6\n21.10.2021\nr 9\nvaried by 159/2021 r 7\n21.10.2021\nr 9AA\ninserted by 171/2021 r 4\n18.11.2021\nr 9A\ninserted by 159/2021 r 8\n21.10.2021\nrr 9B and 9C\ninserted by 171/2021 r 5\n18.11.2021\nr 9D\ninserted by 37/2025 r 3\n5.6.2025\nr 10\nvaried by 171/2021 r 6\n18.11.2021\nr 12\n\n\nr 12(1)\nvaried by 159/2021 r 9(1), (2)\n21.10.2021\nr 12(5)\nvaried by 159/2021 r 9(3)\n21.10.2021\n\nvaried by 171/2021 r 7\n18.11.2021\nHistorical versions\n21.10.2021\n\n18.11.2021\n\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations' scope has been expanded since the original 2017 instrument via multiple variations listed in the legislative history. Notable changes include insertion of a distinct recruitment scheme for the Commissioner for Aboriginal Children and Young People (r9AA, inserted 18.11.2021), additional prescribed functions and reporting rules (rr9A–9C, varied/inserted 2021), stricter consultation requirements with the State Coroner and Commissioner of Police (r9D, inserted 5.6.2025), and other adjustments to recruitment, reporting, database access and the Outcomes Framework (variations recorded 21.10.2021 and 18.11.2021). These amendments add new procedural obligations and specified actor roles compared with the original text."},"complexity_factors":["Extensive cross‑referencing to the parent Act — many obligations and powers are defined only in relation to Act sections (throughout; eg. rr6–9A, r12), raising reliance on reading both instruments.","Two distinct recruitment schemes with specified composition and youth/Aboriginal representation requirements (r6; r9AA) increase procedural detail and potential for challenge.","Prescribed inquiry/reporting powers are framed by reference to multiple Act provisions (r7; r9A), requiring coordinative interpretation to know scope.","Information‑reporting rules allow State authorities to provide material for parliamentary availability (rr8–9C, r13), creating operational interaction between agencies and Parliament.","Consultation timelines and content when reviews overlap with coronial or police processes add strict procedural steps (r9D) and timing constraints.","Database access is tightly limited to a listed set of persons/authorised delegates (r10), producing precise access-control obligations.","Outcomes Framework prescription specifies participating ministers/agencies and mandatory content areas and review frequency (r12), obliging interagency coordination and data collection.","Exemption and State authority definitions extend state obligations to contracted providers while simultaneously exempting them from a specific Act provision (rr4–5), creating nuanced coverage and potential compliance uncertainty.","Ministerial discretion is broad in recruitment (r6(1)(g), r9AA(1)(g)), which concentrates decision-making while leaving many procedural details to ministerial direction."],"plain_english_summary":"These regulations set out how oversight and advocacy bodies under the Children and Young People (Oversight and Advocacy Bodies) Act 2016 must operate in practice. They specify who counts as a State authority, how Commissioners (including an Aboriginal Commissioner) are to be recruited, what inquiry and reporting powers are prescribed, who can inspect the child‑death/serious‑injury database, consultation steps where reviews overlap with coronial or police processes, and rules for sharing information and an Outcomes Framework.\n\nMinisters control recruitment procedures and may impose requirements (r6, r9AA); State authorities must supply responses to parliamentary reports (rr8–9C); providers must verify recipients before sharing prescribed information (r14), shifting compliance costs onto agencies."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond the original 2017 scope. The original regulations only provided for one Commissioner (CCYP) and basic oversight mechanisms. Amendments in 2021 added an entirely new Commissioner role (CACYP) with parallel but distinct provisions (regulations 9AA, 9A-9C), effectively doubling the regulatory structure. The 2025 amendment added regulation 9D with detailed consultation requirements for the Child Death and Serious Injury Review Committee. The Outcomes Framework provisions (reg 12) have also been expanded through multiple variations. What began as procedural regulations for a single oversight body has grown into a comprehensive framework for dual Commissioners plus detailed procedural rules for the Review Committee."},"complexity_factors":["Multiple cross-references to sections of the parent Act (2016 Act) requiring readers to flip between documents","Parallel structure for two Commissioners (CCYP and CACYP) with slightly different requirements creates duplication and comparison burden","Nested conditions in regulation 9D requiring specific notification contents for different consultation scenarios (Coroner vs Police Commissioner)","Defined terms rely heavily on external legislation (Children and Young People (Safety) Act 2017, Education and Children's Services Act 2019, etc.)","Conditional logic in regulation 12(5) distinguishing between 'minor variations' and other variations to the Outcomes Framework with different consultation requirements","Legislative history showing multiple amendments (2021, 2025) creating patchwork text with inserted provisions disrupting original numbering scheme"],"plain_english_summary":"These regulations set out the practical details for how South Australia's child protection oversight system works. They cover three main areas:\n\n**1. Who must follow the rules**\n- **State authorities** (government bodies) include not just government departments, but also private organisations that have contracts to provide services to children and families on behalf of the government.\n- These contracted providers are exempt from one specific rule about information sharing (section 58(1) of the main Act).\n\n**2. How the Commissioners are hired**\nThe regulations spell out the recruitment process for two key watchdog roles:\n- **Commissioner for Children and Young People (CCYP)**: Must involve children and young people in the selection process, with a panel of up to 5 people (including 2 young people). Candidates must demonstrate they can communicate effectively with children.\n- **Commissioner for Aboriginal Children and Young People (CACYP)**: Similar process but specifically requires involvement of Aboriginal children and young people, with a panel that must include 2 Aboriginal young people, an Aboriginal community representative, and a senior Aboriginal public servant.\n\nImportantly, if the Minister doesn't follow these recruitment steps exactly, it doesn't automatically invalidate the appointment.\n\n**3. What the oversight bodies can do**\n- **Powers**: Both Commissioners can conduct inquiries, use specific powers under the Act, and make recommendations to Parliament.\n- **Reporting**: When Commissioners report to Parliament, government agencies can provide response information to be included alongside the Commissioner's findings.\n- **Child Death and Serious Injury Review Committee**: Can review cases of child deaths and serious injuries, but must consult with the State Coroner (for cases under inquest) or Police Commissioner (for cases under criminal investigation) first, giving at least 14 days' notice. Access to their database is restricted to specific officials including both Commissioners, the Coroner, Police Commissioner, Ombudsman, and authorised staff.\n\n**4. The Outcomes Framework**\nThis is a whole-of-government planning tool that must:\n- Cover health, safety, wellbeing, education and preparing young people for adulthood\n- Specifically address outcomes for Aboriginal and Torres Strait Islander children\n- Require cooperation between government agencies\n- Include ways to measure and report on outcomes\n- Be reviewed every 3 years\n\n**5. Information sharing rules**\nWhen sharing information under this scheme, providers must verify who they're giving it to, confirm that recipient is actually allowed to receive it, and take reasonable steps to prevent it going to unauthorised people.\n\n**Why this matters**: These regulations put flesh on the bones of the main Act, ensuring there are independent voices advocating for children, proper scrutiny when children die or are seriously injured, and a coordinated approach across government to improving children's lives."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. The page returned a 'Page Not Found' error, preventing any analysis of whether the regulations' scope drifted from the original intent of the parent Act."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404 error due to a website migration","Analysis is based solely on the title and general knowledge, not the actual text of the regulations","Complexity of the actual instrument cannot be assessed without access to its provisions"],"plain_english_summary":"These regulations establish the procedural rules that support South Australia’s oversight and advocacy framework for children and young people. They govern how oversight and advocacy bodies operate and interact with agencies and service providers, ultimately affecting government bodies, service providers, advocacy organisations, and the children, young people, and families they serve. They matter because they shape accountability, complaint handling and reporting within the child and youth protection and advocacy system."}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017","history":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017/history","analysis":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017/analysis","conflicts":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017/conflicts","importantCases":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017/important-cases","documents":"/api/acts/children-and-young-people-oversight-and-advocacy-bodies-regulations-2017/documents"}}