{"id":"children-and-young-people-safety-act-2017","name":"Children and Young People (Safety) Act 2017","slug":"children-and-young-people-safety-act-2017","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31750,"registerId":"sa-children-and-young-people-safety-act-2017-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Chapter 1—Preliminary\n1—Short title\nThis Act may be cited as the Children and Young People (Safety) Act 2017.\n3—Act to bind, and impose criminal liability on, the Crown\n\t(1)\tThis Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tThe Crown is liable for an offence against this Act. \n\t(3)\tIf the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Guiding principles for the purposes of this Act","content":"Chapter 2—Guiding principles for the purposes of this Act\nPart 1—The importance to the State of children and young people\n4—Parliamentary declaration\n\t(1)\tThe Parliament of South Australia recognises and acknowledges that—\n\t(a)\tchildren and young people are valued citizens of the State; and\n\t(b)\tthe future of the State is inextricably bound to the wellbeing of all its children and young people; and\n\t(c)\tit is of vital importance to the State, and all of its citizens, that all children and young people are given the opportunity to thrive.\n\t(2)\tThe Parliament of South Australia recognises that, as a State, we want each child and young person to benefit from (at least) the following outcomes:\n\t(a)\tto be safe from harm;\n\t(b)\tto do well at all levels of learning and to have skills for life;\n\t(c)\tto enjoy a healthy lifestyle;\n\t(d)\tto be active citizens who have a voice and influence,\nand the Parliament of South Australia accordingly commits to promoting these outcomes.\n\t(3)\tThe Parliament of South Australia acknowledges that outcomes for Aboriginal and Torres Strait Islander children and young people in care have historically been poor, and that it is unacceptable for outcomes for those children and young people to be any different to those for children and young people in care generally.\n\t(4)\tIt is the intention of the Parliament of South Australia that the performance of functions in the administration and operation of this Act be done in collaboration with, and with the cooperation of, children and young people and their families rather than simply being done to or for them.\n5—Duty to safeguard and promote the welfare of children and young people\nThe Parliament of South Australia recognises that—\n\t(a)\tit is the duty of every person in the State to safeguard and promote the outcomes set out in section 4(2); and\n\t(b)\tthe provisions of this Act, and compliance with its provisions, form only a small part of the way in which the State, the agencies of the State, the Commonwealth and every citizen of the State discharge that duty.\n6—Interaction with other Acts\n\t(1)\tThis Act is to work in conjunction with all of the laws of the State, and, in particular, the Child Safety (Prohibited Persons) Act 2016 and the Children and Young People (Oversight and Advocacy Bodies) Act 2016, to further and achieve the aims set out in this Chapter.\n\t(2)\tThis Act is in addition to, and does not derogate from, any other Act or law.\nPart 2—Priorities in the operation of this Act \n7—Safety of children and young people paramount\nThe paramount consideration in the administration, operation and enforcement of this Act must always be to ensure that children and young people are protected from harm.\n8—Other needs of children and young people\n\t(1)\tIn addition to the paramount consideration set out in section 7, and without derogating from that section, the following needs of children and young people are also to be considered in the administration, operation and enforcement of this Act:\n\t(a)\tthe need to be heard and have their views considered;\n\t(b)\tthe need for love and attachment;\n\t(c)\tthe need for self-esteem;\n\t(d)\tthe need to achieve their full potential.\n\t(2)\tTo avoid doubt, the requirement under this section applies to the Court.\n\t(3)\tWithout derogating from any other provision of this Act, it is desirable that the connection of children and young people with their biological family be maintained.\n9—Early intervention\nWithout limiting a provision of this or any other Act or law, State authorities whose functions and powers include matters relating to the safety and welfare of children and young people must have regard to the fact that early intervention in matters where children and young people may be at risk is a priority.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Principles to be applied in operation of this Act","content":"Part 3—Principles to be applied in operation of this Act\n10—Principles of intervention\n\t(1)\tThe principles of intervention are as follows:\n\t(a)\tdecisions and actions (if any) under this Act should be taken in a timely manner (and, in particular, should be made as early as possible in the case of young children in order to promote permanence and stability);\n\t(b)\tif a child or young person is able to form their own views on a matter concerning their care, the child or young person should be given an opportunity to express those views freely and those views are to be given due weight in the operation of this Act in accordance with the developmental capacity of the child or young person and the circumstances;\n\t(c)\taccount should be taken of the culture, disability, language and religion of children or young people and, if relevant, those in whose care children and young people are placed;\n\t(d)\tin each case, consideration should be given to making arrangements for the care of a child or young person by way of a family group conference if possible and appropriate.\n\t(2)\tEach person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the principles of intervention.\n\t(3)\tHowever, this section and the principles of intervention do not displace, and cannot be used to justify the displacement of, section 7.\n\t(4)\tTo avoid doubt, the requirement under this section applies to the Court.\n11—Placement principles\n\t(1)\tThe placement principles are as follows:\n\t(a)\tall children and young people who have been removed from the care of a person under this Act should be placed in a safe, nurturing, stable and secure environment;\n\t(b)\tthe preferred option in relation to such placement of a child or young person is to place the child or young person with a person with whom they have an existing relationship;\n\t(c)\tapproved carers are entitled to be, and should be, involved in decision-making relating to children and young people in their care.\n\t(2)\tEach person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the placement principles.\n\t(3)\tHowever, this section and the placement principles do not displace, and cannot be used to justify the displacement of, section 7.\n\t(4)\tTo avoid doubt, the requirement under this section applies to the Court.\n12—Aboriginal and Torres Strait Islander Child Placement Principle\n\t(1)\tSubject to the placement principles, the objects and principles set out in this section apply to the placement of Aboriginal and Torres Strait Islander children and young people under this Act.\n\t(2)\tThe objects of this section include—\n\t(a)\tmaintaining the connection of Aboriginal and Torres Strait Islander children and young people with their family and culture; and\n\t(b)\tenabling Aboriginal and Torres Strait Islander people to participate in the care and protection of their children and young people; and\n\t(c)\tachieving the objects set out in the preceding paragraphs (as well as reducing the incidence of the removal of Aboriginal and Torres Strait Islander children and young people) by encouraging Aboriginal and Torres Strait Islander people, their children and young people and State authorities to act in partnership when making decisions about the placement of Aboriginal and Torres Strait Islander children and young people under this Act.\n\t(3)\tThe Aboriginal and Torres Strait Islander Child Placement Principle is as follows:\n\t(a)\tif an Aboriginal or Torres Strait Islander child or young person is to be placed in care under this Act, the child or young person should, if reasonably practicable, be placed with 1 of the following persons (in order of priority):\n\t(i)\ta member of the child or young person's family;\n\t(ii)\ta member of the child or young person's community who has a relationship of responsibility for the child or young person;\n\t(iii)\ta member of the child or young person's community;\n\t(iv)\ta person of Aboriginal or Torres Strait Islander cultural background (as the case requires),\n(determined in accordance with Aboriginal or Torres Strait Islander traditional practice or custom);\n\t(b)\tif an Aboriginal or Torres Strait Islander child or young person is unable to be placed with a person referred to in paragraph (a), or it is not in the best interests of the child or young person to do so, the child or young person should be given the opportunity for continuing contact with their family, community or communities and culture (determined in accordance with Aboriginal or Torres Strait Islander traditional practice or custom);\n\t(c)\tbefore placing an Aboriginal or Torres Strait Islander child or young person under this Act, the Chief Executive or the Court (as the case requires) must, where reasonably practicable, consult with, and have regard to any submissions of, a recognised Aboriginal or Torres Strait Islander organisation.\n\t(4)\tThis section and the Aboriginal and Torres Strait Islander Child Placement Principle do not displace, and cannot be used to justify the displacement of, section 7.\n\t(5)\tThe Minister may, by notice in the Gazette, after consulting with the relevant community or a section of the relevant community, vary or revoke a declaration relating to a recognised Aboriginal or Torres Strait Islander organisation.\n\t(6)\tThe regulations may make further provision in relation to the placement of Aboriginal children and Torres Strait Islander children under this Act.\n\t(7)\tTo avoid doubt, the requirements under this section apply to the Court.\nrecognised Aboriginal or Torres Strait Islander organisation means—\n\t(a)\tin relation to the placement of an Aboriginal child or young person—an organisation that the Minister, after consulting with the Aboriginal community or a section of the Aboriginal community, declares by notice in the Gazette to be a recognised Aboriginal organisation for the purposes of this section; or\n\t(b)\tin relation to the placement of a Torres Strait Islander child or young person—an organisation that the Minister, after consulting with the Torres Strait Islander community or a section of the Torres Strait Islander community, declares by notice in the Gazette to be a recognised Torres Strait Islander organisation for the purposes of this section.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Charter of Rights for Children and Young People in Care","content":"Part 4—Charter of Rights for Children and Young People in Care\n13—Charter of Rights for Children and Young People in Care\n\t(1)\tThe Guardian for Children and Young People must prepare and maintain a Charter of Rights for Children and Young People in Care.\n\t(2)\tThe Guardian for Children and Young People—\n\t(a)\tmay vary the Charter at any time; and\n\t(b)\tmust review the Charter at least every 5 years.\n\t(3)\tIn preparing, varying or reviewing the Charter, the Guardian for Children and Young People must invite submissions from, and consult with, to such extent as may be reasonable, interested persons (including persons who are, or have been, under the guardianship, or in the custody, of the Minister or the Chief Executive) with a view to obtaining a wide range of views in relation to the matters under consideration.\n\t(4)\tThe Guardian for Children and Young People must submit the Charter or variation to the Minister for approval.\n\t(5)\tThe Minister may—\n\t(a)\tapprove the Charter or variation; or\n\t(b)\trequire an alteration to the Charter or variation, after consultation with the Guardian for Children and Young People, and then approve the Charter or variation as altered.\n\t(6)\tThe Charter, and any variation, has effect from the day on which it is approved by the Minister.\n\t(7)\tThe Minister must cause the Charter to be published on a website determined by the Minister.\n\t(8)\tThe Minister must, within 6 sitting days after approving the Charter or variation, cause a copy of the Charter, or the Charter as varied, (as the case requires) to be laid before both Houses of Parliament.\n\t(9)\tEach person or body engaged in the administration, operation or enforcement of a relevant law must, to the extent that it is consistent with section 7 to do so in a particular case, exercise their powers and perform their functions so as to give effect to the Charter.\n\t(10)\tHowever, the Charter does not create legally enforceable rights or entitlements.\n\t(11)\tTo avoid doubt, the requirements under this section apply to the Court.\n\t(12)\tFor the purposes of this section, a reference to a variation of the Charter will be taken to include a reference to the substitution of the Charter.\n\t(13)\tIn this section—\nrelevant law means—\n\t(a)\tthis Act; and\n\t(b)\tthe Family and Community Services Act 1972; and\n\t(c)\tany Act relating to the detention of a youth in a training centre; and\n\t(d)\tany other Act declared by the regulations to be included in the ambit of this definition.\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"Additional functions of Minister","content":"Part 5—Additional functions of Minister\n14—Additional functions of Minister\n\t(1)\tIn addition to any other functions the Minister may have under this Act, the Minister must, in order to promote the wellbeing of children and young people and early intervention where they may be at risk of harm—\n\t(a)\tpromote a partnership approach between the Government, local government, non-government agencies and families; and\n\t(b)\tpromote and assist in the development of co-ordinated strategies for early intervention in cases where children and young people may be at risk of harm; and\n\t(c)\tpromote, support and adequately resource evidence-based programs delivering preventative and support services directed towards strengthening and supporting families, reducing the incidence of child abuse and neglect and maximising the wellbeing of children and young people; and\n\t(d)\tpromote, encourage or undertake research into matters affecting children and young people; and\n\t(e)\tgenerally do such other things as the Minister believes will promote the wellbeing of children and young people, and promote and support early intervention where they may be at risk of harm.\n\t(2)\tWithout limiting a provision of any other Act or law, the Minister must, in relation to the operation of this Act—\n\t(a)\tcollaborate with and assist Aboriginal and Torres Strait Islander communities to develop and implement strategies to ensure that Aboriginal and Torres Strait Islander children and young people are, so far as is reasonably practicable, protected from harm; and\n\t(b)\tensure that education relating to the operation of section 31 is made available to persons who are required under that section to report a suspicion that a child or young person is, or may be, at risk; and\n\t(c)\tpromote and support the provision of courses of instruction relating to the prevention of child abuse and neglect by tertiary institutions in this State; and\n\t(d)\tcollect and publish statistical data in relation to the protection of children and young people in this State.\n\t(3)\tWithout limiting a preceding subsection, the Minister must also ensure that—\n\t(a)\tassistance is provided to evidence‑based programs delivering services directed towards strengthening and supporting families and maximising the wellbeing of children and young people; and\n\t(b)\tthose services are offered to children and young people and their families; and\n\t(c)\tgenuine efforts are made to encourage children and young people and their families to avail themselves of the services.\n15—Additional annual reporting obligations\n\t(1)\tThe Minister must, not later than 30 September in each year, prepare a report—\n\t(a)\tdetailing the role of the Minister, and the extent to which the Minister has performed the Minister's functions, in respect of the operation of this Act for the financial year ending on the preceding 30 June; and\n\t(b)\tsetting out the following information relating to the provision of family support services and intensive family support services to children and young people who are at risk and their families:\n\t(i)\tthe extent to which such services were provided by, or on behalf of, the State (including statistical data relating to the number of times such services were provided) during the financial year ending on the preceding 30 June;\n\t(ii)\tthe amount of resources allocated for the provision of such services by or on behalf of the State—\n\t(A)\tduring the financial year ending on the preceding 30 June; and\n\t(B)\tduring the current financial year;\n\t(iii)\tthe extent to which the allocated resources were, in fact, spent on the provision of such services during the financial year ending on the preceding 30 June;\n\t(iv)\tbench‑marking the resources referred to in subparagraph (ii) and (iii) against those allocated and spent by other States and Territories in the provision of such services during the financial year ending on the preceding 30 June; and\n\t(c)\tproviding any other information required by the regulations for the purposes of this paragraph.\n\t(2)\tThe Minister must, as soon as is reasonably practicable after preparing a report under this section, cause a copy of the report to be published on a website determined by the Minister.\n\t(3)\tThe Minister must, within 6 sitting days after preparing a report under this section, cause a copy of the report to be laid before each House of Parliament.\n\t(4)\tThe requirements of this section are in addition to any other reporting obligation of the Minister.\nChapter 3—Interpretation\n16—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAboriginal child or young person means a child or young person who—\n\t(a)\tis a descendant of the indigenous inhabitants of Australia; and\n\t(b)\tregards themself as Aboriginal or, if they are a young child, is regarded as Aboriginal by at least 1 of their parents;\napproved carer means a person who is the subject of an approval under section 72 that is in force;\ncase plan, in respect of a child or young person—see section 28;\nChief Executive means the Chief Executive of the Department;\nChild and Young Person's Visitor means the Child and Young Person's Visitor established under Chapter 9;\nchild or young person means a person who is under 18 years of age;\nchild protection officer—see section 147;\ncontact arrangements, in respect of a child or young person, means contact arrangements determined by the Chief Executive under section 93 in respect of the child or young person, as in force from time to time;\nCourt means the Youth Court of South Australia;\ndentist means a person who is registered as a dental practitioner under the Health Practitioner Regulation National Law (South Australia);\nDepartment means the administrative unit of the Public Service specified by the Minister by notice in the Gazette for the purposes of this definition;\nfamily, in relation to a 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)\tin relation to an Aboriginal or Torres Strait Islander child or young person—any person related to the child or young person in accordance with Aboriginal or Torres Strait Islander traditional practice or custom (as the case requires);\nfamily group conference means a family group conference convened in accordance with section 22;\nguardian, of a child or young person, means the guardian or guardians of the child or young person pursuant to an order of the Court under this Act;\ninstrument of guardianship means an instrument of guardianship issued under section 45;\nlegal practitioner has the same meaning as in the Legal Practitioners Act 1981;\nlegal profession rules has the same meaning as in the Legal Practitioners Act 1981;\nlicensed children's residential facility means a children's residential facility in respect of which a licence is in force under Chapter 7 Part 7;\nlicensed foster care agency means a foster care agency carried on pursuant to a licence under Chapter 7 Part 6 that is in force;\nmedical practitioner means a person who is registered as a medical practitioner under the Health Practitioner Regulation National Law (South Australia);\nout of home care—see section 69;\nparent, of a child or young person, includes—\n\t(a)\ta step-parent of the child or young person; and\n\t(b)\ta person who stands in loco parentis to the child or young person;\npharmacist means a person who is registered as a pharmacist under the Health Practitioner Regulation National Law (South Australia);\nplacement principles—see section 11;\nprinciples of intervention—see section 10;\npsychologist means a person who is registered as a psychologist under the Health Practitioner Regulation National Law (South Australia);\nregistered or enrolled nurse means a person who is registered or enrolled as a nurse under the Health Practitioner Regulation National Law (South Australia);\nrestraining notice means a restraining notice issued under section 46;\nreunification, in relation to a child or young person, means a reunification of the child or young person and a person or persons from whom the child is removed under this Act;\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\ta public sector agency; or\n\t(c)\tSouth Australia Police; or\n\t(d)\ta local council constituted under the Local Government Act 1999; or\n\t(e)\tany incorporated or unincorporated body—\n\t(i)\testablished for a public purpose by an Act; or\n\t(ii)\testablished for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or\n\t(iii)\testablished, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or\n\t(f)\tany other person or body declared by the regulations to be a State authority,\nbut does not include a person or body declared by the regulations to be excluded from the ambit of this definition;\nTorres Strait Islander child or young person means a child or young person who—\n\t(a)\tis a descendant of the indigenous inhabitants of the Torres Strait Islands; and\n\t(b)\tregards themself as Torres Strait Islander or, if they are a young child, is regarded as Torres Strait Islander by at least 1 of their parents;\nworking with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.\n\t(2)\tFor the purposes of this Act, a reference to a person being found guilty of an offence will be taken to include a reference to—\n\t(a)\ta finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of an offence are established (whether or not the person was found not criminally responsible due to mental incompetence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or\n\t(b)\tany finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).\n\t(3)\tFor the purposes of this Act, a reference to care being residential in nature, or being provided on a residential basis, will be taken to include a reference to such care provided to a child or young person for a limited period only.\n\t(4)\tFor the purposes of this Act, a reference to the Chief Executive in their capacity as guardian of a child or young person will be taken to be a reference to the person for the time being holding or acting in the office of Chief Executive.\n17—Meaning of harm\n\t(1)\tFor the purposes of this Act, a reference to harm will be taken to be a reference to physical harm or psychological harm (whether caused by an act or omission) and, without limiting the generality of this subsection, includes such harm caused by sexual, physical, mental or emotional abuse or neglect.\npsychological harm does not include emotional reactions such as distress, grief, fear or anger that are a response to the ordinary vicissitudes of life.\n18—Meaning of at risk\n\t(1)\tFor the purposes of this Act, a child or young person will be taken to be at risk if—\n\t(a)\tthe child or young person has suffered harm (being harm of a kind against which a child or young person is ordinarily protected); or\n\t(b)\tthere is a likelihood that the child or young person will suffer harm (being harm of a kind against which a child or young person is ordinarily protected); or\n\t(c)\tthere is a likelihood that the child or young person will be removed from the State (whether by their parent or guardian or by some other person) for the purpose of—\n\t(i)\tbeing subjected to a medical or other procedure that would be unlawful if performed in this State (including, to avoid doubt, female genital mutilation); or\n\t(ii)\ttaking part in a marriage ceremony (however described) that would be a void marriage, or would otherwise be an invalid marriage, under the Marriage Act 1961 of the Commonwealth; or\n\t(iii)\tenabling the child or young person to take part in an activity, or an action to be taken in respect of the child or young person, that would, if it occurred in this State, constitute an offence against the Criminal Law Consolidation Act 1935 or the Criminal Code of the Commonwealth; or\n\t(d)\tthe parents or guardians of the child or young person—\n\t(i)\tare unable or unwilling to care for the child or young person; or\n\t(ii)\thave abandoned the child or young person, or cannot, after reasonable inquiry, be found; or\n\t(iii)\tare dead; or\n\t(e)\tthe child or young person is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or\n\t(f)\tthe child or young person is of no fixed address; or\n\t(g)\tany other circumstances of a kind prescribed by the regulations exist in relation to the child or young person.\n\t(2)\tIt is immaterial for the purposes of this Act that any conduct referred to in subsection (1) took place wholly or partly outside this State.\n\t(3)\tIn assessing whether there is a likelihood that a child or young person will suffer harm, regard must be had to not only the current circumstances of their care but also the history of their care and the likely cumulative effect on the child or young person of that history.\nfemale genital mutilation means—\n\t(a)\tclitoridectomy; or\n\t(b)\texcision of any other part of the female genital organs; or\n\t(c)\ta procedure to narrow or close the vaginal opening; or\n\t(d)\tany other mutilation of the female genital organs,\nbut does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose;\nsexual reassignment procedure means a surgical procedure to give a female, or a person whose sex is ambivalent, genital characteristics, or ostensible genital characteristics, of a male.\n\t(5)\tA medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality.\n19—Minister may publish policies\n\t(1)\tThe Minister may, by notice in the Gazette, publish policies for the purposes of this Act.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary, substitute or revoke a policy published under subsection (1).\n\t(3)\tA policy published under subsection (1) must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified by the Minister.\n\t(4)\tEach person or body engaged in the administration, operation or enforcement of this Act must, to the extent that it is consistent with section 7 to do so in a particular case, comply with any relevant policy published under subsection (1).\nChapter 4—Managing risks without removing child or young person from their home\nPart 1—Child and Family Assessment and Referral Networks\n20—Minister may establish Child and Family Assessment and Referral Networks\n\t(1)\tThe Minister may, in the Minister's absolute discretion, establish such Child and Family Assessment and Referral Networks as the Minister thinks fit.\n\t(2)\tA Child and Family Assessment and Referral Network consists of such persons or bodies (whether State authorities or otherwise) as may be specified by the Minister.\n\t(3)\tA Child and Family Assessment and Referral Network has the functions assigned to it under this Act or by the Minister.\n\t(4)\tThe members of a Child and Family Assessment and Referral Network may, despite any other Act or law, collaborate with each other without restriction in the course of performing its functions.\n\t(5)\tThe regulations may make further provision relating to Child and Family Assessment and Referral Networks.\nPart 2—Family group conferences\n21—Purpose of family group conferences\n\t(1)\tThe purpose of a family group conference is to provide an opportunity for a child or young person and their family, in accordance with this Part—\n\t(a)\tto make informed decisions as to the arrangements for the care of the child or young person; and\n\t(b)\tto make voluntary arrangements for the care of the child or young person that are consistent with sections 7 and 8, as well as this Act generally; and\n\t(c)\tto review those arrangements from time to time.\n\t(2)\tTo avoid doubt, a failure to hold a family group conference does not, of itself, invalidate an application for an order of the Court under this Act, nor any such order.\n22—Chief Executive or Court may convene family group conference\n\t(1)\tIf the Chief Executive or the Court suspects that—\n\t(a)\ta child or young person is at risk and that arrangements should be made in relation to their care; and\n\t(b)\tit would be appropriate in all of the circumstances to make those arrangements by means of a family group conference,\nthen the Chief Executive or the Court (as the case requires) may convene a family group conference in respect of the child or young person.\n\t(2)\tA family group conference is to be conducted by a family group conference co-ordinator (the co‑ordinator) nominated by—\n\t(a)\tif the conference is convened by the Chief Executive—the Chief Executive; or\n\t(b)\tif the conference is convened by the Court—the Judge of the Court.\n23—Who may attend a family group conference\n\t(1)\tSubject to this Part, the following people are entitled to attend a family group conference convened in respect of a child or young person:\n\t(a)\tthe child or young person;\n\t(b)\tthe parents and guardians of the child or young person;\n\t(c)\tmembers of the child or young person's family;\n\t(d)\tpersons who have a close association with the child or young person and who should, in the opinion of the co-ordinator, attend the conference;\n\t(e)\ta person who, in accordance with subsection (4)(c), is arranged to act as advocate for the child or young person at the conference;\n\t(f)\ta person authorised by the Chief Executive for the purposes of this section;\n\t(g)\tif an investigation into the child or young person's circumstances has been carried out under this Act—a person nominated by the co-ordinator who has examined, assessed, counselled or treated the child or young person in the course of the investigation;\n\t(h)\tif the child or young person is an Aboriginal or Torres Strait Islander child or young person—a person nominated by an Aboriginal organisation or Torres Strait Islander organisation (as the case requires) of a kind that is, in the opinion of the co-ordinator, relevant to the subject of the conference;\n\t(i)\tif persistent absenteeism from school is involved—\n\t(i)\tif the child or young person is enrolled at a Government school—an employee of the administrative unit of the Public Service assisting a Minister with the administration of the Education Act 1972 nominated by the Chief Executive of that administrative unit; or\n\t(ii)\tif the child or young person is enrolled at a non-Government school—a person nominated by the head teacher of the school;\n\t(j)\tany other person (not being a legal practitioner) who the child or young person, or their parents or guardians, wish to support them at the conference and who, in the opinion of the co-ordinator, would be of assistance in that role;\n\t(k)\tany other person, or person of a class, prescribed by the regulations for the purposes of this paragraph.\n\t(2)\tHowever, the co-ordinator of a family group conference may exclude a person referred to in subsection (1) (including, to avoid doubt, the child or young person to whom the conference relates) from attending a family group conference if the co-ordinator is satisfied that to do so would be in the best interests of the child or young person.\n\t(3)\tThe co-ordinator of a family group conference must, as far as is reasonably practicable, consult with the child or young person and their parents and guardians as to the attendees at, or persons to be excluded from attending, the conference.\n\t(4)\tThe co-ordinator of a family group conference must, as far as is reasonably practicable, ensure that—\n\t(a)\tthe conference is held at a time and place that is suitable to the child or young person and their parents and guardians; and\n\t(b)\ta person who is entitled to be at the conference is given notice in accordance with the regulations of the time and place at which the conference is to be held; and\n\t(c)\ta suitable person (who, to avoid doubt, need not be a legal practitioner) is arranged to act as advocate for the child or young person at the conference.\n\t(5)\tHowever, the co-ordinator of a family group conference need not comply with subsection (4)(c) if they are satisfied that the child or young person has made an informed and independent decision to waive their right to be so represented.\n24—Procedures at family group conference\n\t(1)\tThe co-ordinator of a family group conference must ensure that information as to the child or young person's circumstances, and any grounds for suspecting the child or young person may be at risk, is presented to the conference.\n\t(2)\tThe co-ordinator of a family group conference must allow the child or young person's parents, guardians and family members present at the conference, and the child or young person if the co-ordinator thinks it appropriate to do so, an opportunity to hold discussions in private for the purpose of formulating recommendations as to the arrangements for the care of the child or young person.\n\t(3)\tIf a person referred to in section 23(1) is excluded from, or is unable to attend, a family group conference, the co-ordinator of the conference must take reasonable steps to ascertain the views of the person and present those views to the conference.\n\t(4)\tThe following provisions relate to the making of decisions in respect of a family group conference:\n\t(a)\tdecisions should, if possible, be made by consensus of the persons present at the conference (and, in particular, by that of the child or young person and their parents, guardians and family members);\n\t(b)\ta written record must be prepared of the decisions made at the conference;\n\t(c)\ta decision will only be valid for the purposes of this Act if the child or young person, their parents and guardians and the Chief Executive each accept the decision in accordance with any requirements set out in the regulations;\n\t(d)\tthe making of decisions must comply with any other requirements set out in the regulations.\n\t(5)\tThe co-ordinator of the family group conference—\n\t(a)\tmust cause a copy of the written record of the decisions to be provided to each person present at the conference (and may provide a copy of the written record to any other person the co-ordinator thinks fit); and\n\t(b)\tmust cause a copy of the written record of the decisions to be included as part of the case plan for the child or young person to whom the conference relates.\n\t(6)\tSubject to this Act, the co-ordinator of a family group conference may determine the procedures of the conference.\n25—Review of arrangements\nA family group conference co-ordinator (whether or not they were the co-ordinator of the original family group conference) must convene a family group conference for the purpose of reviewing the arrangements made for the care of a child or young person at a previous conference if—\n\t(a)\tthey are required to do so pursuant to a valid decision made at the previous conference; or\n\t(b)\t2 or more members of the child or young person's family who attended the previous conference request such a conference,\nand may convene such a conference at any other time the co-ordinator thinks necessary or desirable.\n26—Chief Executive etc to give effect to decisions of family group conference\n\t(1)\tSubject to this Act, the Chief Executive and State authorities should, to the extent that it is consistent with section 7 to do so, exercise their powers and perform their functions so as to give effect to valid decisions made at a family group conference.\n\t(2)\tHowever, if valid decisions are made at a family group conference but not implemented or complied with, the Chief Executive may apply for such orders of the Court under section 53 in relation to the care of the child or young person as the Chief Executive considers appropriate.\n\t(3)\tNothing in this section—\n\t(a)\trequires or authorises the Chief Executive or any other person to do something that is unlawful; or\n\t(b)\trequires or authorises the Chief Executive or any other person to not do something that is required to be done under another Act or law; or\n\t(c)\tcreates legally enforceable rights or obligations on the part of the Crown, the Chief Executive, the child or young person or any other person.\n27—Statements made at family group conference not admissible\n\t(1)\tSubject to subsection (2), evidence of any statement made at a family group conference is not admissible in any proceedings.\n\t(2)\tThe written record of the decisions made at a family group conference is admissible in any proceedings for the purpose of establishing that those decisions were made.\nPart 3—Case planning\n28—Chief Executive to prepare case plan in respect of certain children and young people\n\t(1)\tThe Chief Executive must cause a plan (a case plan) to be prepared and maintained in respect of each prescribed child or young person.\n\t(2)\tWithout limiting the matters that may be included in a case plan, each case plan must include such of the following parts as may be relevant to the prescribed child or young person's circumstances:\n\t(a)\ta part setting out decisions made at a family group conference;\n\t(b)\ta part setting out a cultural maintenance plan;\n\t(c)\ta part setting out a reunification plan;\n\t(d)\ta part setting out contact arrangements in respect of the child or young person;\n\t(e)\ta part setting out how disputes as to the matters included in the child or young person's case plan are to be resolved;\n\t(f)\tany other part required by any other provision of this Act or the regulations.\n\t(3)\tThe Chief Executive may from time to time vary, substitute or revoke a case plan.\n\t(4)\tThe regulations may make further provision in relation to the preparation of case plans (including, to avoid doubt, provisions requiring the Chief Executive to take certain steps in the course of preparing a case plan).\nprescribed child or young person—each of the following is a prescribed child or young person:\n\t(a)\ta child or young person who is under the guardianship of the Chief Executive pursuant to this Act;\n\t(b)\ta child or young person who is under the guardianship of a person other than the Chief Executive pursuant to this Act (other than a child or young person in relation to whom an order contemplated by section 91 placing the child or young person into the long-term guardianship of a person has been made);\n\t(c)\ta child or young person who is in the custody of the Chief Executive or another person pursuant to this Act;\n\t(d)\ta child or young person who is in the care of an approved carer pursuant to this Act;\n\t(e)\tany other child or young person prescribed by the regulations for the purposes of this definition.\n29—Chief Executive etc to give effect to case plan\n\t(1)\tEach person or body engaged in the administration, operation or enforcement of this Act must, to the extent that it is consistent with section 7 to do so, exercise their powers and perform their functions so as to give effect to a prescribed child or young person's case plan.\n\t(2)\tHowever, a case plan does not create legally enforceable rights or obligations on the part of the Crown, the Chief Executive, a child or young person or any other person.\nChapter 5—Children and young people at risk\nPart 1—Reporting of suspicion that child or young person may be at risk\n30—Application of Part\n\t(1)\tThe requirements under this Part are in addition to the duty of every person to safeguard and promote the outcomes set out in section 4(2), and in particular the outcome that children and young people be kept safe from harm.\n\t(2)\tTo avoid doubt, compliance with the requirements of this Part does not necessarily exhaust a duty of care that may be owed to a child or young person by a person to whom this Part applies.\n\t(3)\tThis Part applies to the following persons:\n\t(a)\tprescribed health practitioners;\n\t(b)\tpolice officers;\n\t(c)\tcommunity corrections officers under the Correctional Services Act 1982;\n\t(d)\tsocial workers;\n\t(e)\tministers of religion;\n\t(f)\temployees of, or volunteers in, an organisation formed for religious or spiritual purposes;\n\t(g)\tteachers employed as such in a school (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011) or a pre-school or kindergarten;\n\t(h)\temployees of, or volunteers in, an organisation that provides health, welfare, education, sporting or recreational, child care or residential services wholly or partly for children and young people, being a person who—\n\t(i)\tprovides such services directly to children and young people; or\n\t(ii)\tholds a management position in the organisation the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children and young people;\n\t(i)\tany other person of a class prescribed by the regulations for the purposes of this subsection.\n\t(4)\tFor the purposes of this Part, a reference to a person being employed will be taken to include a reference to a person who—\n\t(e)\tcarries out work as a volunteer,\nand a reference to something occurring in the course of the person's employment is to be construed accordingly.\nprescribed health practitioners means—\n\t(a)\tmedical practitioners; and\n\t(b)\tpharmacists; and\n\t(c)\tregistered or enrolled nurses; and\n\t(d)\tdentists; and\n\t(e)\tpsychologists; and\n\t(f)\tany other person prescribed by the regulations for the purposes of this definition.\n31—Reporting of suspicion that child or young person may be at risk\n\t(1)\tA person to whom this Part applies must, if—\n\t(a)\tthe person suspects on reasonable grounds that a child or young person is, or may be, at risk; and\n\t(b)\tthat suspicion was formed in the course of the person's employment,\nreport that suspicion, in accordance with subsection (4), as soon as is reasonably practicable after forming the suspicion.\n\t(2)\tHowever, a person need not report a suspicion under subsection (1)—\n\t(a)\tif the person believes on reasonable grounds that another person has reported the matter in accordance with that subsection; or\n\t(b)\tif the person's suspicion was due solely to having been informed of the circumstances that gave rise to the suspicion by a police officer or child protection officer acting in the course of their official duties; or\n\t(c)\tin any other circumstances prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person to whom this Part applies may (but need not), if—\n\t(a)\tthe person suspects on reasonable grounds that the physical or psychological development of an unborn child is at risk (whether due to an act or omission of the mother or otherwise); and\n\t(b)\tthat suspicion was formed in the course of the person's employment,\nreport that suspicion in accordance with subsection (4).\n\t(4)\tA person reports a suspicion under this section by doing 1 or more of the following:\n\t(a)\tmaking a telephone notification to a telephone number determined by the Minister for the purposes of this subsection;\nNote—\nThis telephone line is currently known as the Child Abuse Report Line or CARL.\n\t(b)\tmaking an electronic notification on an electronic reporting system determined by the Minister for the purposes of this subsection;\n\t(c)\tby reporting their suspicion to a person of a class, or occupying a position of a class, specified by the Minister by notice in the Gazette;\n\t(d)\treporting their suspicion in any other manner set out in the regulations for the purposes of this paragraph,\nand, in each case, providing—\n\t(e)\t—\n\t(i)\tin the case of an unborn child—the name and address (if known) of the mother of the unborn child; or\n\t(ii)\tin any other case—the name and address (if known) of the child or young person; and\n\t(f)\tinformation setting out the grounds for the person's suspicion; and\n\t(g)\tsuch other information as the person may wish to provide in relation to their suspicion.\n\t(5)\tNothing in this section prevents a person from also reporting or referring a matter to any other appropriate person or body under any other Act.\n\t(6)\tThis section does not limit or derogate from any other provision of this or any other Act.\nPart 2—Responding to reports etc that child or young person may be at risk\n32—Chief Executive must assess each report indicating child or young person may be at risk\n\t(1)\tThe Chief Executive must cause—\n\t(a)\teach report under section 31; and\n\t(b)\tany other report or notification made to the Department that a child or young person may be at risk (however described and whether or not received under this Act),\nto be assessed in accordance with any requirements set out in the regulations.\n\t(2)\tThe Chief Executive may, in the course of an assessment under this section, make use of or rely on such systems of information gathering, collating or reporting as the Chief Executive thinks fit (whether or not the system is operated or provided by a State authority).\n\t(3)\tWithout limiting any other action that may be taken by the Chief Executive, the Chief Executive must, on completion of an assessment under this section, cause at least 1 of the following actions to be taken:\n\t(a)\tan investigation into the circumstances of the child must be carried out under section 34;\n\t(b)\tif the Chief Executive is satisfied that an investigation under section 34 is unnecessary, having regard to such of the circumstances of the child as may already be known to the Chief Executive, an alternative response that, in the opinion of the Chief Executive, more appropriately addresses the risk to the child or young person must be implemented;\n\t(c)\tthe matter must be referred to an appropriate State authority under section 33;\n\t(d)\tif the Chief Executive is satisfied that—\n\t(i)\tthe matter has previously been dealt with under this or any other Act and there is no reason to reexamine the matter; or\n\t(ii)\tthe matter is trivial, vexatious or frivolous; or\n\t(iii)\tthere is good reason why no action should be taken in respect of the matter,\nthe Chief Executive may decline to take further action.\n\t(4)\tThe Chief Executive must, in accordance with any requirements set out in the regulations—\n\t(a)\tcause a record of each action taken under this section, and the reasons for the action, to be kept in relation to each report or notification made to the Department; and\n\t(b)\tinclude statistical information relating to action taken under this section to be included in the annual report of the Chief Executive under the Public Sector Act 2009.\n\t(5)\tThe regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).\n33—Chief Executive may refer matter\n\t(1)\tIf, following an assessment of a matter under section 32, the Chief Executive determines that it is more appropriate that a State authority other than the Department deal with the matter, or with a particular aspect of the matter, the Chief Executive must refer the matter to that State authority.\n\t(2)\tTo avoid doubt—\n\t(a)\ta matter may be referred to more than 1 State authority; and\n\t(b)\ta matter may be dealt with under this section even if it is referred to a State authority under another Act.\n\t(3)\tThe Chief Executive may, if the Chief Executive considers it appropriate, give directions or guidance in relation to a matter to a State authority to which the matter is referred.\n\t(4)\tWithout limiting this section or any other Act or law, a State authority to which a matter is referred must deal with the matter in a timely manner, having regard to the need to ensure that children and young people are protected from harm.\n34—Chief Executive may investigate circumstances of a child or young person\n\t(1)\tSubject to this Act, the Chief Executive may cause an investigation into the circumstances of a child or young person to be carried out—\n\t(a)\tif a report is made under section 31 and the Chief Executive suspects on reasonable grounds that the child or young person may be at risk; or\n\t(b)\tin any other circumstances that the Chief Executive thinks appropriate.\n\t(2)\tThe Chief Executive must cause an investigation into the circumstances of a child or young person to be carried out if the Chief Executive issues an instrument of guardianship or a restraining notice in relation to a child or young person.\n\t(3)\tThe regulations may make further provisions in relation to an investigation under this section.\n35—Chief Executive may direct that child or young person be examined and assessed\n\t(1)\tThis section applies to a child or young person—\n\t(a)\twho is, having been removed under section 41, in the custody of the Chief Executive; or\n\t(b)\tin relation to whom an order of the Court under section 53 authorising examination or assessment is in force; or\n\t(c)\tin relation to whom an instrument of guardianship or a restraining notice is in force; or\n\t(d)\tin any other circumstances prescribed by the regulations.\n\t(2)\tIf the Chief Executive is of the opinion that it is necessary or desirable that a child or young person to whom this section applies be professionally examined or assessed, the Chief Executive may, by notice in writing, direct the child or young person to undergo such examination or assessment as may be specified in the notice.\n\t(3)\tIf the Chief Executive gives a direction under subsection (2), an employee of the Department may take the child or young person to such persons or places (including admitting the child or young person to hospital) as may be specified in the notice for the purpose of having the child or young person professionally examined, assessed or treated.\n\t(4)\tWithout otherwise limiting any Act or law regulating a particular health profession, a person to whom a child or young person is taken under this section may give such treatment to the child or young person as the person thinks necessary for alleviating any immediate injury or suffering of the child or young person.\n\t(5)\tWithout otherwise limiting the Consent to Medical Treatment and Palliative Care Act 1995, a person who is to examine, assess or treat a child or young person in accordance with this section may do so despite the absence or refusal of the consent of the child or young person's parents or guardians.\n\t(6)\tA person who examines, assesses or treats a child or young person in accordance with this section must, as soon as practicable after doing so, provide to the Chief Executive a written report on the examination, assessment or treatment.\n36—Chief Executive may direct person to undergo certain assessments\n\t(1)\tIf the Chief Executive reasonably suspects that a child or young person is at risk as a result of the abuse of a drug or alcohol (or both) by a parent, guardian or other person, the Chief Executive may, by notice in writing, direct the parent, guardian or other person to undergo an approved drug and alcohol assessment.\n\t(2)\tIf the Chief Executive reasonably suspects that a child or young person is at risk as a result of a lack of parenting capacity on the part of a parent, guardian or other person who has, or is responsible for, the care of the child or young person, the Chief Executive may, by notice in writing, direct the parent, guardian or other person to undergo an approved parenting capacity assessment.\n\t(3)\tA person must not refuse or fail to comply with a direction under this section.\n\t(4)\tA notice under this section must set out the information required by the regulations for the purposes of this subsection.\n\t(5)\tThe regulations may make further provision in relation to assessments under this section (including, to avoid doubt, provisions requiring the results of an assessment to be provided to the Chief Executive or some other specified person or body).\n\t(6)\tFor the purposes of this section, a reference to an approved drug and alcohol assessment will be taken to be a reference to a drug and alcohol assessment of a kind approved by the Chief Executive by notice in the Gazette.\n\t(7)\tFor the purposes of this section, a reference to an approved parenting capacity assessment will be taken to be a reference to a parenting capacity assessment of a kind approved by the Chief Executive by notice in the Gazette.\n37—Random drug and alcohol testing\n\t(1)\tThis section applies to—\n\t(a)\ta person who has, in the preceding 5 years, been directed by the Chief Executive to undergo an approved drug and alcohol assessment under section 36(1); or\n\t(b)\ta person who was, in the preceding 5 years, the subject of an application for an order under section 20(2) of the Children's Protection Act 1993 (whether or not the application was granted); or\n\t(c)\tany other person of a class declared by the regulations to be included in the ambit of this subsection.\n\t(2)\tA person to whom this section applies must, in accordance with the scheme set out in the regulations, take part in random drug and alcohol testing.\n\t(3)\tWithout limiting any other regulations that may be made in relation to the scheme for random drug and alcohol testing, the regulations must include provisions—\n\t(a)\tauthorising the taking of forensic material consisting of hair or blood for the purposes of this Act; and\n\t(b)\trequiring such forensic material to be tested to identify any drug or alcohol that may be present in the material; and\n\t(c)\trequiring or authorising the results of such testing to be provided to the Chief Executive or other specified person or body.\n\t(4)\tThe Chief Executive may, in relation to random drug and alcohol testing under this section, by notice in writing, require a person to whom this section applies to take the action, and within the period, specified in the notice.\n\t(5)\tA person to whom this section applies must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.\n\t(6)\tA person is not entitled to refuse or fail to comply with a requirement under this section on the ground that the person would, or might, by complying with that requirement, provide evidence that could be used against the person.\n\t(7)\tTo avoid doubt, for the purposes of the Criminal Law (Forensic Procedures) Act 2007, the taking of forensic material in the course of a random drug and alcohol test is authorised under this Act.\n38—Chief Executive may direct certain persons to undertake rehabilitation program\n\t(1)\tThe Chief Executive may, by notice in writing, direct a person to whom section 37 applies to undertake an approved drug and alcohol rehabilitation program of a kind specified in the notice.\n\t(2)\tA person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (1).\n\t(3)\tA notice under subsection (1) must set out the information required by the regulations for the purposes of this subsection.\n\t(4)\tFor the purposes of this section, a reference to an approved drug and alcohol rehabilitation program will be taken to be a reference to a drug and alcohol rehabilitation program of a kind approved by the Chief Executive by notice in the Gazette.\n39—Forensic materials not to be used for other purposes and test results inadmissible in other proceedings\n\t(1)\tForensic material obtained in the course of an approved drug and alcohol assessment, a random drug and alcohol test or an approved drug and alcohol rehabilitation program must not be used for a purpose other than a purpose contemplated by this Act.\n\t(2)\tThe results of an approved drug and alcohol assessment, a random drug and alcohol test or an approved drug and alcohol rehabilitation program—\n\t(a)\twill not be admissible in evidence against the person to whom the results relate, other than in proceedings for an order of the Court under this Act; and\n\t(b)\tmay not be relied on as grounds for the exercise of any search power or the obtaining of any search warrant.\n40—Destruction of forensic material\nThe Chief Executive must ensure that any forensic material obtained in the course of an approved drug and alcohol assessment, a random drug and alcohol test or an approved drug and alcohol rehabilitation program is destroyed in accordance with any requirements set out in the regulations.\nPart 3—Removal of child or young person\n41—Removal of child or young person\n\t(1)\tSubject to this section, if a child protection officer believes on reasonable grounds that—\n\t(a)\ta child or young person has suffered, or there is a significant possibility that a child or young person will suffer, serious harm; and\n\t(b)\tit is necessary to remove the child or young person from that situation in order to protect them from suffering serious harm or further serious harm; and\n\t(c)\tthere is no reasonably practicable alternative to removing the child or young person in the circumstances,\nthe child protection officer may remove the child or young person from any premises, place, vehicle or vessel using such force (including breaking into the premises, place, vehicle or vessel) as is reasonably necessary for the purpose.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may set out circumstances in which 1 or more of the requirements under that subsection will be taken to have been satisfied.\n\t(3)\tA child protection officer who is a police officer below the rank of inspector may only remove a child or young person under this section with the prior approval of a police officer of or above the rank of inspector.\n\t(4)\tA child protection officer who is an employee of the Department may only remove a child or young person from the custody of a parent or guardian of the child or young person with the Chief Executive's prior approval.\n\t(5)\tSubsections (3) and (4) do not apply if the child protection officer believes on reasonable grounds that the delay involved in seeking prior approval would significantly increase the risk of serious harm, or further serious harm, being caused to the child or young person.\n42—Action following removal of child or young person\nA child protection officer who removes a child or young person under section 41 must return them to the custody of a parent or guardian unless—\n\t(a)\tthe child or young person is already under the guardianship, or in the custody, of the Chief Executive; or\n\t(b)\tthe child protection officer reasonably suspects that, if they were returned to the custody of a parent or guardian, the child or young person would be at risk,\nin which case the child protection officer must deliver the child or young person into the care of a person or persons determined by the Chief Executive.\n43—Custody of removed child or young person\n\t(1)\tIf the Chief Executive does not already have custody of a child or young person who is removed under section 41, the Chief Executive, by force of this section, has custody of the child or young person until—\n\t(a)\tthe child or young person is returned to the custody of a parent or guardian, or delivered into the care of a person determined by the Chief Executive, under section 42; or\n\t(b)\tthe end of the fifth business day following the day on which the child or young person was removed,\n(whichever is the earlier).\n\t(2)\tHowever, subject to the regulations, the Chief Executive may exercise a power under this Act in respect of a child or young person delivered into the care of a person determined by the Chief Executive under section 42 as if the child or young person were in the custody of the Chief Executive.\nPart 4—Chief Executive to assume guardianship of child or young person where parent found guilty of certain offences\n44—Interpretation\nIn this Part—\nguardianship period means the period commencing at the time an instrument of guardianship—\n\t(a)\tis served on the offender in accordance with section 45(4)(a); or\n\t(b)\tis lodged with the Court in accordance with section 45(4)(b),\nwhichever occurs first, and ending 60 days later (or such longer period as may be allowed by the Court on an application under section 47);\ninstrument of guardianship—see section 45(1);\nparent, of a child or young person, does not include a step-parent of the child or young person;\nqualifying offence means any of the following offences (whether committed before or after the commencement of this Part) where the victim was a child or young person and the offender was a parent or guardian of the child or young person:\n\t(a)\tmurder;\n\t(b)\tmanslaughter;\n\t(c)\tan offence against section 14 of the Criminal Law Consolidation Act 1935 (criminal neglect);\n\t(d)\tan offence against section 23 of the Criminal Law Consolidation Act 1935 (causing serious harm);\n\t(e)\tan offence against section 29(1) or (2) of the Criminal Law Consolidation Act 1935 (acts endangering life or creating risk of serious harm);\n\t(f)\tan offence constituted of an attempt to commit an offence referred to in a preceding paragraph;\n\t(g)\tan offence prescribed by the regulations for the purposes of this paragraph;\n\t(h)\tan offence under the law of another jurisdiction that corresponds to an offence referred to in a preceding paragraph;\nrestraining notice—see section 46(1);\nrestraining notice period means the period commencing at the time at which the restraining notice is served on the offender in accordance with section 46(4)(a) and ending 60 days later (or such longer period as may be allowed by the Court on an application under section 47).\n45—Temporary instruments of guardianship\n\t(1)\tThe Chief Executive must, if the Chief Executive becomes aware that a child or young person born after the commencement of this subsection is residing with a parent of the child or young person who has been found guilty of a qualifying offence (the offender), issue an instrument under this section (an instrument of guardianship) in respect of the child or young person.\n\t(2)\tIf the Chief Executive issues an instrument of guardianship, the child or young person specified in the instrument will, for all purposes, be under the guardianship of the Chief Executive during the guardianship period.\n\t(3)\tSubsection (2) applies subject to an order of the Court under this Act to the contrary.\n\t(4)\tAn instrument of guardianship issued in relation to an offender—\n\t(a)\tmust be served on the offender as soon as practicable after it has been issued; and\n\t(b)\tmust be lodged with the Court in accordance with the rules of the Court (and may be so lodged whether or not it has been served in accordance with paragraph (a)).\n\t(5)\tSubject to subsection (6), this Act applies to an instrument of guardianship, while it remains in force, as if it were an order of the Court under section 53 and as if the parties to that order were—\n\t(a)\tthe parents of the child or young person to whom the instrument relates; and\n\t(b)\tthe child or young person to whom the instrument relates; and\n\t(c)\ta person who would, but for the instrument, have had custody or guardianship of the child or young person to whom the instrument relates; and\n\t(d)\tthe Chief Executive.\n\t(6)\tUntil the application required under section 50(1) in relation to an instrument of guardianship is made to the Court, any application to the Court under section 55 in relation to the instrument may only seek to vary arrangements for the care of the child or young person.\n\t(7)\tFor the purposes of this section, a newborn child who has not yet been discharged from hospital will be taken to be residing with a person if the child is likely to reside with the person on being discharged.\n46—Restraining notices\n\t(1)\tThe Chief Executive must, if the Chief Executive becomes aware that a child or young person is residing, or is about to reside, with a person (not being a parent of the child or young person) who has been found guilty of a qualifying offence (the offender), issue a notice under this section (a restraining notice) to the offender, unless the Chief Executive is of the opinion that it is inappropriate to do so in the circumstances.\n\t(2)\tA restraining notice may prohibit the offender from doing 1 or more of the following:\n\t(a)\tresiding in the same premises as the child or young person;\n\t(b)\tcoming within a specified distance of the residence of the child or young person;\n\t(c)\thaving any contact with the child or young person (except in the presence of a specified person or class of person);\n\t(d)\thaving any contact at all with the child or young person,\nduring the restraining notice period.\n\t(3)\tSubsection (2) applies subject to an order of the Court under this Act to the contrary.\n\t(4)\tA restraining notice issued in relation to an offender—\n\t(a)\tmust be served on the offender as soon as practicable after it has been issued; and\n\t(b)\tmust be lodged with the Court in accordance with the rules of the Court (and may be so lodged whether or not it has been served in accordance with paragraph (a)).\n\t(5)\tA person who contravenes or fails to comply with a restraining notice is guilty of an offence.\nMaximum penalty: Imprisonment for 2 years.\n\t(6)\tA person does not commit an offence against subsection (5) in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the notice or was reckless as to that fact.\n\t(7)\tFor the purposes of this section, a newborn child who has not yet been discharged from hospital will be taken to be residing with a person if the child is likely to reside with the person on being discharged.\n47—Court may extend period\nThe Court may, on application by the Chief Executive, extend the guardianship period or the restraining notice period if satisfied that it is appropriate to do so.\n48—Certain information to be provided to Chief Executive\nA court that finds a person guilty of a qualifying offence must ensure that the prescribed information relating to the finding of guilt is provided to the Chief Executive as soon as practicable after the person is found guilty.\n","sortOrder":4},{"sectionNumber":"Part 6","sectionType":"part","heading":"Court orders relating to children and young people","content":"Chapter 6—Court orders relating to children and young people\nPart 1—Applications for Court orders\n49—Who may make application for Court orders\nAn application for an order under section 53 may be made by—\n\t(a)\tthe Minister; or\n\t(b)\tthe Chief Executive; or\n\t(c)\ta person authorised by the Chief Executive to apply for such orders.\n50—When application can be made for Court orders\n\t(1)\tAn application for an order under section 53 must be made if an instrument of guardianship or a restraining notice in relation to a child or young person has been issued.\n\t(2)\tAn application under subsection (1) must be made as soon as is practicable after the issue of the instrument of guardianship or restraining notice (and in any case within the applicable guardianship period or restraining notice period).\n\t(3)\tAn application for an order under section 53 may be made—\n\t(a)\tif the applicant—\n\t(i)\treasonably suspects that a child or young person is at risk; and\n\t(ii)\tis of the opinion that the making of such orders is necessary or appropriate to protect the child or young person from harm, or to allow the exercise of powers or the performance of functions under this Act in respect of the child or young person; or\n\t(b)\tif the applicant is of the opinion that—\n\t(i)\tproper arrangements exist for the care and protection of a child or young person (whether pursuant to a decision of a family group conference or an exercise of administrative powers under the Family and Community Services Act 1972); and\n\t(ii)\tthe child or young person would be likely to suffer psychological harm if the arrangements were to be disturbed; and\n\t(iii)\tit would be in the best interests of the child or young person for the arrangements to be the subject of such orders; or\n\t(c)\tif the applicant is acting in accordance with Chapter 7 Part 3; or\n\t(d)\tif the order is to be made with the consent of the parties to the proceeding; or\n\t(e)\tin any other circumstances with the permission of the Court. \n\t(4)\tBefore applying for a prescribed Court order in relation to a child or young person removed from a person under this Act, the Chief Executive must assess the likelihood of a reunification occurring and, if reunification is likely, the period within which reunification is likely to occur.\nprescribed Court order means an order of the Court under section 53—\n\t(a)\tplacing a child or young person under the guardianship of the Chief Executive; or\n\t(b)\tplacing a child or young person under the guardianship of a person other than the Chief Executive; or\n\t(c)\tgranting custody of a child or young person to the Chief Executive or another person; or\n\t(d)\tof a kind specified by the regulations for the purposes of this definition.\n51—Parties to proceedings\n\t(1)\tThe following persons are parties to an application for an order under section 53, or for the variation, extension or revocation of such an order:\n\t(a)\tthe applicant;\n\t(b)\tthe child or young person who is the subject of the application;\n\t(c)\teach parent or guardian of the child or young person.\n\t(2)\tIf the Court is satisfied in any proceedings that it should make an order under section 53 binding on a person who is not a party to the proceedings, the Court—\n\t(a)\tmay join that person as a party to the proceedings; and\n\t(b)\tmust allow the person a reasonable opportunity to make representations to the Court as to why such an order should not be made.\n\t(3)\tWithout limiting subsection (2), the Court should, unless the Court is of the opinion that it would not be in the interests of the child to do so, allow—\n\t(a)\tin the case of an application for the placement of a child or young person under the guardianship of a person or persons other than the Chief Executive—the person or persons; or\n\t(b)\tif the child or young person is in the care of an approved carer—the approved carer,\na reasonable opportunity to make representations to the Court in any relevant proceedings.\n52—Copy of application to be served on parties\n\t(1)\tA copy of an application for an order under section 53, or for the variation, extension or revocation of such an order, must be served personally on—\n\t(a)\tif the child or young person who is the subject of the application is of or above the age of 10 years—the child or young person; and\n\t(b)\teach other party to the application.\n\t(2)\tA copy of an application must be endorsed with a notification of the place, date and time for the hearing of the application.\n\t(3)\tIf it is not reasonably practicable to serve a copy of an application personally on a party, or the whereabouts of such a party cannot, after reasonable enquiries, be ascertained, the copy of the application may be served on that person in accordance with section 168 or in any other manner authorised by the Court.\n\t(4)\tThe Court must not proceed to hear an application for an order under section 53 unless each party served with the application has had at least 3 business days of notice of the hearing.\n\t(5)\tThe Court may, for any proper reason, dispense with service under this section, or reduce the period between service and the time for the hearing of the application.\nPart 2—Orders that can be made by Court\n53—Orders that may be made by Court\n\t(1)\tIf, on an application under this Act, the Court is satisfied that it is appropriate to do so, the Court may make 1 or more of the following orders in relation to a child or young person:\n\t(a)\tan order requiring—\n\t(i)\tthe child or young person; or\n\t(ii)\ta parent or guardian of the child or young person; or\n\t(iii)\tany other person who has the care of the child or young person,\nto enter into a written undertaking (for a specified period not exceeding 12 months) to do a specified thing, or to refrain from doing a specified thing, and, if the Court thinks fit, requiring the child or young person to be under the supervision of the Chief Executive or some other specified person or body during the period of the undertaking;\n\t(b)\tan order authorising or requiring examination and assessment of the child or young person;\n\t(c)\tan order authorising or directing the assessment, by such person as the Court may specify, of a parent, guardian or other person who has, or is responsible for, the care of the child or young person to determine the capacity of that person to care for the child or young person (including, to avoid doubt, a drug and alcohol assessment);\n\t(d)\tin the case of a child or young person who is at risk of being removed from the State for a purpose referred to in section 18(1)(c)—such orders as the Court thinks necessary or appropriate to prevent the child or young person from being so removed, including (without limiting the generality of this paragraph)—\n\t(i)\tan order preventing a specified person from removing the child or young person from the State; or\n\t(ii)\tan order requiring that the child or young person's passport be held by the Court for a period specified in the order or until further order;\n\t(e)\tan order placing the child or young person, for a specified period not exceeding 12 months, under the guardianship of the Chief Executive;\n\t(f)\tan order placing the child or young person, for a specified period not exceeding 12 months, under the guardianship of a specified person or persons (not exceeding 2);\n\t(g)\tan order placing the child or young person under the guardianship of the Chief Executive until they attain 18 years of age;\n\t(h)\tan order placing the child or young person under the guardianship of a specified person or persons (not exceeding 2) until they attain 18 years of age;\n\t(i)\tan order granting custody of the child or young person, for a specified period not exceeding 12 months, to—\n\t(i)\ta parent or guardian of the child or young person; or\n\t(ii)\ta member of the child or young person's family; or\n\t(iii)\tany other person that the Court thinks appropriate in the circumstances of the case;\n\t(j)\tan order granting custody of the child or young person to the Chief Executive;\n\t(k)\tan order directing a person to do 1 or more of the following:\n\t(i)\tto cease or refrain from residing in the same premises as the child or young person;\n\t(ii)\tto refrain from coming within a specified distance of a specified place;\n\t(iii)\tto do any specified thing, or to refrain from doing any specified thing, in order to minimise the risk of harm to the child or young person;\n\t(l)\tan order revoking an instrument of guardianship or a restraining notice;\n\t(m)\tsuch consequential or ancillary orders as the Court thinks fit, including (without limiting the generality of this paragraph) an order—\n\t(i)\trequiring a person who has guardianship or custody of the child or young person pursuant to an order of the Court to care for the child or young person in a specified way; or\n\t(ii)\trequiring a parent, guardian or other person who has the care of a child or young person to undertake specified courses of instruction, or programmed activities, in order to increase their capacity to care for the child or young person.\n\t(1a)\tWithout limiting the orders that can be made under subsection (1), the Court may make an order placing a child or young person under the guardianship of a specified parent of the child or young person.\nNote—\nSuch an order would confer guardianship on the specified parent to the exclusion of the rights of any other parent of the child or young person—see section 68.\n\t(1b)\tWithout limiting the orders that can be made under subsection (1), the Court may, if the Court makes an order placing a child or young person under the guardianship of the Chief Executive or a specified person or persons—\n\t(a)\tuntil the child or young person attains 18 years of age; or\n\t(b)\tsuch that the child or young person has been under the guardianship of the Chief Executive, or the person or persons, for a period of at least 24 continuous months,\nmake a declaration of the name by which the child or young person is to be known.\n\t(1c)\tHowever, the Court may only make a declaration under subsection (1b) if the Court is satisfied that it is in the best interests of the child or young person to do so.\n\t(1d)\tIf the Court makes a declaration under subsection (1b)—\n\t(a)\tthe Registrar of the Court must give notice of the declaration to the Registrar of Births, Deaths and Marriages in accordance with any requirements in the regulations; and\n\t(b)\tthe Registrar of Births, Deaths and Marriages must, as soon as is reasonably practicable after receiving the notice, register the change of name under section 28(1) of the Births, Deaths and Marriages Registration Act 1996.\n\t(1e)\tSections 26, 27 and 28(2) and (3) of the Births, Deaths and Marriages Registration Act 1996 do not apply in relation to a change of name under this section.\n\t(1f)\tNothing in this section prevents the name of a child or young person being later changed in accordance with the law of the State.\n\t(2)\tThe Court may make such interim orders in relation to an application under this Act as the Court thinks fit.\n\t(3)\tSubject to this section, an order under this section has effect for the period specified in the order.\n\t(4)\tAn order under this section ceases to have effect when the child or young person to whom the order relates turns 18 years of age.\n54—Consent orders\n\t(1)\tThe Court may, in proceedings under this Act, make an order under section 53 with the consent of the parties to the proceeding.\n\t(2)\tAn order may be made without consideration of the matters that the Court must otherwise consider in the proceeding.\n55—Variation, revocation or discharge of orders\n\t(1)\tThe Court may, on an application by a party to the proceedings, vary or revoke an order under section 53.\n\t(2)\tThe Court may, on an application by the Chief Executive, discharge an order under section 53.\n56—Adjournments\n\t(1)\tAll proceedings under this Act must be dealt with expeditiously, with due regard to the degree of urgency of each particular case.\n\t(2)\tWithout limiting subsection (1), once a trial under this Act commences—\n\t(a)\tit should, as far as is practicable, continue without adjournment until all evidence has been presented; and\n\t(b)\tjudgement should be delivered as soon as is practicable after all evidence has been presented.\n\t(3)\tThe Court may, on an adjournment, make such of the orders it is empowered to make under section 53 as it thinks appropriate (and such an order will have effect for the period of the adjournment).\n\t(4)\tA person who, having been served personally with an order made under this section, contravenes or fails to comply with the order is guilty of an offence.\n\t(5)\tSubsection (4) does not apply to a child or young person to whom the order relates.\n57—Court not bound by rules of evidence\nSubject to this Act, in any proceedings under this Act the Court—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n58—Standard of proof\nA fact to be proved in proceedings under this Act (other than proceedings for an offence) is to be proved on the balance of probabilities.\n59—Onus on objector to prove order should not be made\n\t(1)\tThis section applies to proceedings on an application to the Court for orders relating to a child or young person who is, pursuant to an order of the Court, under the guardianship, or in the custody, of the Chief Executive or another person or persons.\n\t(1a)\tHowever, this section does not apply to proceedings of a kind prescribed by the regulations.\n\t(2)\tIf in proceedings to which this section applies a person objects to the making of an order by the Court, the onus is on the person to prove to the Court that the order should not be made.\n\t(3)\tHowever, subsection (2) does not apply where the person objecting to the making of the order is—\n\t(a)\tthe Crown; or\n\t(b)\tif the Court is satisfied that the child or young person to whom the proceedings relate is not being unduly influenced by any person to object to the making of the order—the child or young person.\n60—Orders for costs\nIf the Court dismisses an application for an order under section 53 (not being an application for a variation or revocation of an order), the Court may make such order for costs against the Crown in favour of any other party to the proceedings as the Court thinks fit.\n61—Non-compliance with orders\nA person who, having been personally served with an order made by the Court under section 53, contravenes or fails to comply with the order is guilty of an offence.\nPart 3—Child or young person to be heard in proceedings\n62—Views of child or young person to be heard\n\t(1)\tIn any proceedings under this Act, a child or young person to whom the proceedings relate must be given a reasonable opportunity to personally present to the Court their views related to their ongoing care and protection.\n\t(2)\tHowever, subsection (1) does not apply if the Court is satisfied that—\n\t(a)\tthe child or young person is not capable of doing so; or\n\t(b)\tto do so would not be in the best interests of the child or young person.\n\t(3)\tSubsection (1) applies whether or not the child or young person is represented by a legal practitioner in the proceedings.\nPart 4—Representation of children and young people\n63—Legal practitioners to comply with this section when representing child or young person\n\t(1)\tIn acting for a child or young person under this Act, a legal practitioner must, to the extent that it is consistent with the legal practitioner's duty to the court to do so, comply with the following provisions:\n\t(a)\tthe legal practitioner must, as far as is reasonably practicable, act in accordance with any instructions given by the child or young person;\n\t(b)\tto the extent that the child or young person has not given, or is not capable of giving, instructions, the legal practitioner must act in accordance with the legal practitioner's own view of the best interests of the child or young person;\n\t(c)\tthe legal practitioner must, in a manner appropriate to the capacity of the child or young person to understand, explain to the child or young person the nature of the legal practitioner's role in relation to the child or young person (including any limitations on the legal practitioner's ability to act in accordance with their instructions);\n\t(d)\tin any proceedings before the Court, the legal practitioner must explain to the Court the basis on which submissions are made, having regard to the preceding paragraphs.\n\t(2)\tA legal practitioner cannot, in complying with this section, be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct.\n64—Limitations on orders that may be made if child or young person unrepresented\n\t(1)\tSubject to this section, the Court must not hear an application under this Act unless—\n\t(a)\tthe child or young person to whom the application relates is represented in the proceedings by a legal practitioner; or\n\t(b)\tthe Court is satisfied that the child or young person has made an informed and independent decision not to be so represented.\n\t(2)\tHowever, the Court may proceed to hear an application under this Act in the absence of legal representation if the Court is satisfied that the application should be heard as a matter of urgency (however in such a case the Court should make interim orders in respect of the application and then adjourn the proceedings so as to enable the child or young person to be represented by a properly instructed legal practitioner if they so wish).\n\t(3)\tThe Court may, in interim orders under subsection (2), make any order the Court could have made under section 53 (however the interim orders will only have effect for the period of the adjournment).\n\t(4)\tA person who, having been served personally with an interim order made under subsection (2), contravenes or fails to comply with the order is guilty of an offence.\n\t(5)\tSubsection (4) does not apply to a child or young person to whom the interim order relates.\nPart 5—Miscellaneous\n65—Conference of parties\n\t(1)\tIf the Court considers it desirable to do so, the Court may, before or during the hearing of proceedings, convene a conference between the parties to the proceedings for the purpose of determining what matters are in dispute, or resolving any matters in dispute.\n\t(2)\tA judicial officer of the Court, other than the one who is hearing or is to hear the proceedings, will preside over such a conference.\n\t(3)\tCounsel for parties to the proceedings are to be admitted to such a conference.\n\t(4)\tEvidence of anything said or done at such a conference is inadmissible, except by consent of all parties to the proceedings, in the proceedings.\n66—Interested persons may be heard\nIn any proceedings under this Act relating to a child or young person, the Court may, on the application of—\n\t(a)\ta member of the child or young person's family; or\n\t(b)\ta person who has at any time had the care of the child or young person; or\n\t(c)\ta person who has counselled, advised or aided the child or young person,\nhear submissions the applicant wishes to make in respect of the child or young person, despite the fact that the applicant is not a party to the proceedings.\n67—Court may refer a matter to a family group conference\nWithout limiting the reasons for which the Court may adjourn proceedings under this Act, the Court may adjourn the hearing of an application for the purpose of referring specified matters to a family group conference for consideration and report to the Court by the conference.\n68—Effect of guardianship order\nIf the Court places a child or young person under the guardianship of the Chief Executive or any other person or persons under section 53, the Chief Executive or the other person or persons is, or are, the lawful guardian, or guardians, of the child or young person to the exclusion of the rights of any other person.\nChapter 7—Children and young people in care\nPart 1—Approved carers\nDivision 1—Preliminary\n69—Interpretation\nIn this Chapter—\nout of home care means—\n\t(a)\tcare provided to a child or young person where—\n\t(i)\tthe child or young person is under the guardianship or custody of the Chief Executive; and\n\t(ii)\tthe care is provided by a person with whom the child or young person is placed pursuant to section 84; and\n\t(iii)\tthe care is provided on a residential basis in premises other than the child's home; and\n\t(iv)\tthe provider of the care receives, or may receive, payment, or financial or other assistance, in relation to the care provided; or\n\t(b)\tany other care of a kind declared by the regulations to be included in the ambit of this definition,\nbut does not include care of a kind declared by the regulations to be excluded from the ambit of this definition.\n70—Chief Executive may establish different categories of approved carers\n\t(1)\tThe Chief Executive may establish such categories of approved carer as the Chief Executive from time to time considers appropriate.\n\t(2)\tSubject to this Act, the Chief Executive may determine the circumstances in which children or young people are to be placed with a particular category of approved carer.\n\t(3)\tTo avoid doubt, a determination under this section must be consistent with any relevant policies published under section 19.\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"Approval of carers","content":"Division 2—Approval of carers\n71—Out of home care only to be provided by approved carers\nSubject to this Act, a person must not provide out of home care unless the person is an approved carer.\n72—Approval of carers\n\t(1)\tThe Chief Executive may, on an application under this section and by notice in writing, approve a person as an approved carer for the purposes of this Act.\n\t(2)\tAn application for approval—\n\t(b)\tmust be accompanied by any information or documents as may be required by the Chief Executive.\n\t(3)\tIn determining an application for approval, the Chief Executive must—\n\t(a)\tact in accordance with any relevant policies published under section 19; and\n\t(b)\thave regard to—\n\t(i)\tthe operation of the Child Safety (Prohibited Persons) Act 2016; and\n\t(ii)\twhether the person is willing and able to care for each child or young person placed in their care in a manner consistent with Chapter 2 and this Act generally; and\n\t(iii)\tif relevant, whether the person will, where appropriate—\n\t(A)\tprovide opportunities for the child or young person to maintain or recover their identity as a member of their own family and will allow the child or young person reasonable access to their own family; and\n\t(B)\tassist the child or young person to return to their own family; and\n\t(iv)\tany other matter prescribed by the regulations for the purposes of this paragraph,\nhowever, the Chief Executive may refuse to approve a person for any reason the Chief Executive thinks fit.\n\t(4)\tThe Chief Executive must impose on each approval—\n\t(a)\ta condition setting out the kind of out of home care that can be provided by the approved carer; and\n\t(b)\tthe maximum number of children and young people that the approved carer is permitted to have in their care,\nand may impose such other conditions as the Chief Executive thinks appropriate.\n\t(5)\tThe Chief Executive may, by notice in writing, vary, substitute or revoke a condition of an approval.\n\t(6)\tAn approved carer must not refuse or fail to comply with a condition of an approval.\n73—Ongoing reviews of approved carers\nThe Chief Executive must, in relation to each approved carer, ensure that—\n\t(a)\tregular assessments are undertaken of the provision of care by the approved carer under this Act; and\n\t(b)\trelevant courses of training are made available to the approved carer; and\n\t(c)\tongoing support and guidance are provided to the approved carer; and\n\t(d)\tproper assessments are made of any requirement of the approved carer for financial or other assistance.\n74—Cancellation of approval\n\t(1)\tThe Chief Executive may, by notice in writing, cancel the approval of an approved carer if the Chief Executive reasonably suspects that—\n\t(a)\ta child or young person in the care of the approved carer is not being adequately cared for; or\n\t(b)\tthe approved carer has contravened a provision of this Act; or\n\t(c)\tthe approved carer has refused or failed to comply with a condition of their approval; or\n\t(d)\tthe person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or\n\t(e)\ta working with children check has not been conducted in relation to the person within the preceding 5 years; or\n\t(f)\tit is otherwise appropriate that the approval be cancelled.\n\t(2)\tThe Chief Executive must (except in relation to a cancellation arising out of the fact that the person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016) give an approved carer at least 28 days notice in writing of the Chief Executive's intention to cancel the person's approval.\n75—Certain information to be provided to Chief Executive\n\t(1)\tAn approved carer must, as soon as is reasonably practicable, advise the Chief Executive if any of the following occurs:\n\t(a)\tthere is a change in the approved carer's address;\n\t(b)\tany other person comes to reside with the approved carer;\n\t(c)\tthe approved carer, or any person residing with the approved carer, is charged with an offence punishable by imprisonment;\n\t(d)\tthe approved carer, or any person residing with the approved carer, becomes a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n\t(2)\tNothing in this section limits any other power of the Chief Executive or a child protection officer to require a person to produce information.\n76—Delegation of certain powers to approved carer\n\t(1)\tThe Chief Executive may, in relation to a child or young person who is under the guardianship of the Chief Executive, delegate such of the Chief Executive's powers as guardian of the child or young person as the Chief Executive thinks fit to an approved carer in whose care the child or young person is placed.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Chief Executive to act in any matter; and\n\t(d)\tmay be varied or revoked at will.\n\t(3)\tNothing in this section limits the Chief Executive's power to delegate a function or power under section 146.\n","sortOrder":6},{"sectionNumber":"Div 3","sectionType":"division","heading":"Temporary placement of child or young person where approved carer not available","content":"Division 3—Temporary placement of child or young person where approved carer not available\n77—Temporary placement of child or young person where approved carer not available\n\t(1)\tDespite a provision of Division 2, but subject to this section, the Chief Executive may place a child or young person who is removed under this Act, or who is in the custody or under the guardianship of the Chief Executive, in the care of a person who is not an approved carer if the Chief Executive is satisfied that—\n\t(a)\tit is a matter of urgency that the child or young person be placed in the care of a person other than a person with whom the child or young person is residing; and\n\t(b)\tit is not, in the circumstances, reasonably practicable to place the child or young person in the care of an approved carer; and\n\t(c)\tthe risk of harm being caused to the child or young person if they are not placed in the care of a person under this section exceeds the risk that the person will cause harm to the child or young person.\n\t(2)\tDespite any other provision of this Act, the placement of a child or young person under subsection (1)—\n\t(a)\tmust be of a temporary nature (and in any event must not exceed a period of 3 months); and\n\t(b)\tmust be brought to an end as soon as it is reasonably practicable to place the child in the care of an approved carer; and\n\t(c)\tmust comply with any relevant policy published under section 19.\n\t(3)\tIf a child or young person is placed in the care of a person under this section—\n\t(a)\tsection 71 will be taken not to apply to the person;\n\t(b)\tsections 73, 81 and 82 are to be construed as if the person were an approved carer (but, to avoid doubt, the person will not otherwise be taken to be an approved carer).\n\t(4)\tThe regulations may make further provisions in relation to the placement of a child or young person in the care of a person under this section (including by modifying the operation of a specified provision or provisions of this Act relating to the placement of children and young people).\n","sortOrder":7},{"sectionNumber":"Div 4","sectionType":"division","heading":"Information and involvement in decision‑making","content":"Division 4—Information and involvement in decision‑making\n78—Interpretation\nIn this Division—\nplacement agency, in relation to a child or young person, means—\n\t(a)\tif the child or young person was, or is to be, placed with an approved carer by a licensed foster care agency—the licensed foster care agency; or\n\t(b)\tif the child or young person was, or is to be, placed with an approved carer other than by a licensed foster care agency—the Chief Executive.\n79—Approved carers to be provided with certain information prior to placement\n\t(1)\tSubject to this section, if a placement agency is considering placing a child or young person with an approved carer under this Act, the agency must, before so placing the child or young person, provide to each proposed approved carer any information in the possession of the agency that may be relevant to the person's decision whether or not to accept the placement.\n\t(2)\tIn determining whether to provide particular information to an approved carer, a placement agency must have regard, and may give effect, to any wishes expressed by the child or young person relating to the disclosure of such information.\n80—Children and young people to be provided with certain information prior to placement\nIf a placement agency is considering placing a child or young person with an approved carer under this Act, the agency must, before so placing the child or young person, provide to the child or young person the prescribed information in relation to the approved carer.\n81—Approved carers to be provided with certain information\n\t(1)\tA placement agency must provide to each approved carer with whom a child or young person is placed any information (including, to avoid doubt, any medical reports) held by the agency that is reasonably necessary to ensure—\n\t(a)\tthat the approved carer is able to provide appropriate care to the child or young person in all of their circumstances; and\n\t(b)\tthe safety of the approved carer and any other member of the approved carer's household.\n\t(2)\tAn approved carer who is provided with information under this section, and any other person who becomes aware of the information, must not disclose the information except—\n\t(a)\tto a health professional for a purpose related to the examination, assessment or treatment of the child or young person; or\n\t(b)\tto a child protection officer performing a function under this Act; or\n\t(c)\tto a member of the approved carer's household; or\n\t(d)\twith the consent of the child or young person; or\n\t(e)\tin any other circumstances prescribed by the regulations.\n82—Approved carers entitled to participate in decision‑making process\n\t(1)\tWithout limiting Chapter 2, but despite any other provision of this Act or any other Act, an approved carer in whose care a child or young person is placed is entitled to participate in any decision‑making process relating to the health, safety, welfare or wellbeing of the child or young person.\n\t(2)\tSubsection (1) does not apply in relation to a particular decision if the decision‑maker is satisfied that the participation of the approved carer would not be in the best interests of the child or young person.\n\t(3)\tThis section applies whether the decision is made under this or any other Act or law.\n83—Non-compliance with Division not to invalidate placement\nA refusal or failure to comply with a requirement under this Division does not, of itself, invalidate a placement of a child or young person with an approved carer.\nPart 2—Children and young people in Chief Executive's custody or guardianship\n84—Chief Executive's powers in relation to children and young people in Chief Executive's custody or guardianship\n\t(1)\tSubject to this Act, the Chief Executive may, in relation to a child or young person who is in the custody, or under the guardianship, of the Chief Executive, from time to time do 1 or more of the following:\n\t(a)\tplace the child or young person, or permit the child or young person to remain, in the care of a member of their family;\n\t(b)\tplace the child or young person in the care of any other suitable person;\n\t(c)\tremove the child or young person from the care of a person referred to in a preceding paragraph;\n\t(d)\tplace the child or young person in a licensed children's residential facility, or a residential facility (not being a training centre) established or licensed under the Family and Community Services Act 1972, or in any other suitable place;\n\t(e)\tgive such directions relating to the care of a child or young person referred to in a preceding paragraph as the Chief Executive thinks fit;\n\t(f)\tmake arrangements for the education of the child or young person;\n\t(g)\tmake arrangements (including admission to hospital) for the professional examination, assessment or treatment of the child or young person;\n\t(h)\tmake such other provision for the care of the child or young person as the circumstances of the case may require.\n\t(2)\tTo avoid doubt, nothing in this section limits the operation of section 71 or 77.\n\t(3)\tIn exercising a power under this section, the Chief Executive—\n\t(a)\tmust have regard to the principles of intervention, the placement principles and, if relevant, the Aboriginal and Torres Strait Islander Child Placement Principle; and\n\t(b)\tmust keep in mind that leaving the child or young person under the guardianship, or in the custody of, the Chief Executive is the least preferred option; and\n\t(c)\tshould exercise the power in a manner that is consistent with this Act and any relevant policy published under section 19.\n\t(4)\tTo the extent that the child or young person is willing and able to do so, a child or young person who is affected by a decision of the Chief Executive under this section should be involved in the decision-making process (and, in particular, their views should be given due weight in making the decision, in accordance with their developmental capacity and the circumstances of the case).\n\t(5)\tThe Chief Executive must keep each parent and guardian (if the Chief Executive is not the guardian) of a child or young person informed about where the child or young person is placed and how the child or young person is being cared for, unless the Chief Executive is of the opinion that it would not be in the best interests of the child or young person to do so.\n85—Review of circumstances of prescribed child or young person\n\t(1)\tSubject to this section, the Chief Executive must cause a review of the circumstances of each prescribed child or young person to be carried out—\n\t(a)\tif the child or young person, or another person who, in the opinion of the Minister, has a legitimate interest in the affairs of the child or young person, has requested the review—as soon as is reasonably practicable after the request; or\n\t(b)\tin any case—at least once in each 12 month period.\n\t(2)\tHowever, the Chief Executive need not cause a review to be carried out under subsection (1)(a) if—\n\t(a)\ta review of the child or young person's circumstances has been carried out within the 12 months preceding the request; and\n\t(b)\tthe Chief Executive is of the opinion that the request is frivolous or vexatious, or otherwise not made in good faith.\n\t(3)\tA review must comply with the following provisions:\n\t(a)\tthe review must be carried out by a panel appointed by the Chief Executive for the purpose;\n\t(b)\tin carrying out a review, the panel must—\n\t(i)\thaving regard to Chapter 2, consider whether the existing arrangements for the care of the prescribed child or young person—\n\t(A)\tcontinue to be in the best interests of the child or young person; and\n\t(B)\tprovide the support necessary to meet the needs of the child or young person; and\n\t(ii)\tnotify each person who has care of the prescribed child or young person of the review and give them a reasonable opportunity to make submissions to the panel for the purposes of the review; and\n\t(iii)\tnotify the prescribed child or young person of the review and give them a reasonable opportunity to make submissions (in whatever manner the child or young person thinks fit including, if they so wish, in the absence of a person who has care of them) to the panel for the purposes of the review; and\n\t(iv)\thave regard to any submissions made under subparagraph (ii) or (iii); and\n\t(v)\tcomply with any other requirement set out in the regulations;\n\t(c)\ton completing a review, the panel must prepare and provide to the Chief Executive a written report on the review setting out—\n\t(i)\tthe conclusions of the panel in respect of the existing arrangements for the care of the prescribed child or young person; and\n\t(ii)\tif the panel wishes to make recommendations in relation to the care of the prescribed child or young person—those recommendations.\n\t(4)\tA child or young person may, in making submissions to a panel in the course of a review, be accompanied by a support person if they so wish.\n\t(5)\tThe Chief Executive must appoint a member of a panel appointed to carry out a review (being a member who has not previously been involved with the prescribed child or young person's case) to be the presiding member of the panel.\n\t(6)\tSubject to this Act, and to any directions of the Chief Executive, a panel may determine its own procedures.\n\t(7)\tExcept where the Chief Executive is of the opinion that it is inappropriate to do so, the Chief Executive must cause a copy of a report under subsection (3)(c) to be given to—\n\t(a)\tthe prescribed child or young person; and\n\t(b)\teach person who has care of the prescribed child or young person,\nand may give a copy of the report to any other person the Chief Executive thinks fit.\n\t(8)\tThe regulations may make further provision in relation to reviews under this section (including, to avoid doubt, provisions relating to the appointment of members to a panel).\n\t(9)\tIn this section—\nprescribed child or young person means—\n\t(a)\ta child or young person placed under the guardianship of the Chief Executive until they attain 18 years of age; or\n\t(b)\ta child or young person of a class prescribed by the regulations for the purposes of this definition.\n86—Direction not to communicate with, be in company of, harbour or conceal child or young person\n\t(1)\tThe Chief Executive may, by notice in writing, direct a specified person not to communicate, or attempt to communicate, (whether in any way or in a way specified in the notice) with a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice.\n\t(1a)\tThe Chief Executive may, by notice in writing, direct a specified person not to be in the company of, or otherwise associate with, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice.\n\t(2)\tThe Chief Executive may, by notice in writing, direct a person not to harbour or conceal, or assist another person to harbour or conceal, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period in the notice.\n\t(3)\tHowever, the Chief Executive may only give a direction under this section if the Chief Executive believes it is reasonably necessary to—\n\t(a)\tprevent harm to the child or young person; or\n\t(b)\tprevent the child or young person from engaging in, or being exposed to, conduct of a criminal nature.\n\t(4)\tA person who, without reasonable excuse, refuses or fails to comply with a direction under this section is guilty of an offence.\n\t(a)\tfor a first offence—Imprisonment for 3 years; or\n\t(b)\tfor a second or subsequent offence—Imprisonment for 4 years.\n\t(4a)\tDespite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person—\n\t(a)\twith whom a person communicates, or attempts to communicate, in contravention of a direction under this section; or\n\t(b)\tin whose company a person is, or with whom a person associates, in contravention of a direction under this section; or\n\t(c)\twho is harboured or concealed in contravention of a direction under this section,\ncommits no offence in relation to that conduct.\n\t(5)\tA notice under this section must be served personally on the person to whom the notice is directed (however, if it is not reasonably practicable to serve a notice personally on a person, or the whereabouts of the person cannot, after reasonable enquiries, be ascertained, the notice may be served on that person in accordance with section 168).\n\t(6)\tDespite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom a direction under this section relates is competent, but is not compellable, to give evidence in proceedings relating to a charge of an offence against this section.\n87—Offence of harbouring, concealing etc absent child or young person\n\t(1)\tA person must not—\n\t(a)\tharbour or conceal, or assist another person to harbour or conceal, a child or young person; or\n\t(b)\tprevent, or assist another person to prevent, the return of a child or young person to a State care placement,\nif the person knows that the child or young person is absent from a State care placement without lawful authority.\nMaximum penalty: Imprisonment for 12 months.\nState care placement, in relation to a child or young person, means the placement of the child or young person in the care of a person, or in a place, by the Chief Executive pursuant to section 84(1).\n88—Unlawful taking of child or young person\n\t(1)\tThis section applies to a child or young person placed in the care of a person under this Act.\n\t(2)\tA person who, without lawful excuse—\n\t(a)\tinduces or encourages a child or young person to whom this section applies to leave a place in which the child or young person has been placed under this Act; or\n\t(b)\ttakes a child or young person to whom this section applies from a place in which the child or young person has been placed under this Act; or\n\t(c)\tharbours or conceals a child or young person contemplated by a preceding subsection,\nis guilty of an offence.\nMaximum penalty: Imprisonment for 12 months.\nPart 3—Transition to long‑term guardianship\n89—Certain approved carers may apply to Chief Executive to seek long‑term guardianship order\n\t(1)\tAn approved carer in whose care a child or young person has been for a period of at least 2 years (or such shorter period as the Chief Executive may determine) (the proposed guardian) may apply to the Chief Executive for an application to be made in accordance with section 91 for a Court order placing the child or young person under the approved carer's guardianship.\n\t(2)\tAn application under subsection (1)—\n\t(b)\tmay be made on behalf of a proposed guardian; and\n\t(c)\tmust be accompanied by such information and documents as the Chief Executive may reasonably require.\n\t(3)\tThe Chief Executive must, as soon as is reasonably practicable after receiving an application, cause an assessment to be undertaken as to whether the proposed guardian is suitable to be the guardian of the child or young person to whom the application relates.\n90—Long‑term care plan to be prepared\n\t(1)\tIf, following an assessment referred to in section 89(3), the Chief Executive is satisfied that a proposed guardian is suitable to be the guardian of a particular child or young person, the Chief Executive must cause a plan (a long‑term care plan) to be prepared in respect of the child or young person.\n\t(2)\tA long‑term care plan must contain the information required by the regulations (and may contain any other information the Chief Executive thinks fit).\n91—Chief Executive to apply to Court for order to place child or young person under long‑term guardianship\n\t(1)\tSubject to this Act, the Chief Executive must, on completion of the preparation of a long‑term care plan in respect of a child or young person, apply to the Court for such orders under section 53 as the Chief Executive considers necessary or appropriate to place the child or young person under the long‑term guardianship of the proposed guardian. \n\t(2)\tAn application to the Court under subsection (1) must be made without undue delay.\n\t(2a)\tThe Chief Executive must cause a copy of the long‑term care plan in respect of the child or young person to be provided to the Court in any application under subsection (1).\n\t(3)\tThe regulations may make further provision in relation to an application under this section (including, to avoid doubt, by prescribing circumstances in which the Chief Executive need not comply with subsection (1)).\nPart 4—Contact arrangements in respect of children and young people\n92—Application of Part\n\t(1)\tThis Part applies to the following children and young people:\n\t(a)\ta child or young person who is under the guardianship, or in the custody, of the Chief Executive pursuant to this Act (including, to avoid doubt, a child or young person who is placed in the care of an approved carer);\n\t(b)\ta child or young person who is placed under the guardianship, or in the custody of, a person other than the Chief Executive pursuant to this Act;\n\t(c)\tany other child or young person declared by the regulations to be included in the ambit of this section.\n\t(2)\tThis Part does not apply to the following children and young people:\n\t(a)\ta child or young person placed under the long‑term guardianship of a person following an application under section 91;\n\t(b)\ta child or young person placed under the long‑term guardianship of a person (other than the Minister) under the Children's Protection Act 1993;\n\t(c)\ta child or young person of a kind prescribed by the regulations.\n93—Contact arrangements to be determined by Chief Executive\n\t(1)\tFor the purposes of this Act, contact arrangements in respect of a child or young person to whom this Part applies are to be determined by the Chief Executive.\n\t(2)\tTo avoid doubt, the Chief Executive may, for any reason the Chief Executive thinks fit, determine that there is to be no contact between a specified child or young person and a specified person.\n\t(3)\tIn making a determination under this section, the Chief Executive must have regard to the following provisions:\n\t(a)\tif the Chief Executive is satisfied that a reunification is likely, the primary aim of the contact arrangements should be to establish or maintain attachment relationships between the child or young person and the person or persons with whom the child or young person is to be reunited;\n\t(b)\tif the Chief Executive is not satisfied that a reunification is likely, or is satisfied that a reunification is unlikely, particular consideration must be given to the need to not undermine or compromise the ability of the child or young person to establish or maintain attachment relationships with their guardian or guardians.\n\t(4)\tNothing in this Part authorises or requires contact arrangements to be made in favour of a particular person if, in the opinion of the Chief Executive—\n\t(a)\tthere is a significant possibility that a child or young person would be at risk in the course of contact with the person; or\n\t(b)\tsuch contact arrangements would not be consistent with a provision of Chapter 2; or\n\t(c)\tit would otherwise not be in the child or young person's best interest to have contact with the person.\n\t(5)\tA determination under this section—\n\t(a)\tmust be by notice in writing; and\n\t(b)\tmust set out—\n\t(i)\tthe frequency of contact visits in a specified period; and\n\t(ii)\tthe duration of each contact visit; and\n\t(iii)\tthe venue or venues at which contact visits are to take place; and \n\t(iv)\tthe persons who may be present during contact visits; and\n\t(v)\twhether contact visits are to take place under the supervision of a person or persons determined by the Chief Executive,\nand may make any other provision the Chief Executive thinks appropriate; and\n\t(c)\tmust comply with any other requirements set out in the regulations for the purposes of this paragraph,\nhowever a failure to comply with this subsection does not, of itself, invalidate a determination.\n\t(6)\tThe Chief Executive may, from time to time and by notice in writing, vary, substitute or revoke the contact arrangements in respect of a child or young person.\n\t(7)\tThe Chief Executive must cause a copy of each determination under this section, and any variation, substitution or revocation of the determination, to be included as part of the case plan for the child or young person.\n\t(8)\tThe regulations may make further provision in respect of contact arrangements (including by prohibiting contact arrangements being made in specified circumstances and prescribing or limiting the kinds of conduct or activities that can be the subject of contact arrangements).\n94—Contact Arrangements Review Panel\n\t(1)\tThe Minister must, in accordance with the regulations, establish a panel (the Contact Arrangements Review Panel) for the purposes of reviewing contact arrangements under this Part.\n\t(2)\tThe Contact Arrangements Review Panel has the functions and powers conferred on it by the regulations.\n\t(3)\tThe regulations may make further provisions in relation to the Contact Arrangements Review Panel (including by limiting the jurisdiction of the Contact Arrangements Review Panel to review matters of a specified kind).\n95—Review by Contact Arrangements Review Panel\n\t(1)\tSubject to this Part, the following persons may apply to the Contact Arrangements Review Panel for a review of a determination of the Chief Executive under section 93 in respect of contact arrangements relating to a particular child or young person:\n\t(a)\tthe child or young person;\n\t(b)\ta person allowed contact with the child or young person pursuant to the determination;\n\t(c)\ta person who is refused contact with the child or young person pursuant to the determination.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmust be made within 14 days after the Chief Executive's determination (or such longer period as the Contact Arrangements Review Panel may allow); and\n\t(b)\tmust be made in a manner and form determined by the Contact Arrangements Review Panel.\n\t(3)\tHowever, the Contact Arrangements Review Panel may only allow an extension of time under subsection (2)(a) if satisfied that special circumstances exist.\n\t(4)\tThe Contact Arrangements Review Panel need not conduct a review under this section if the Contact Arrangements Review Panel believes that the application—\n\t(a)\tis frivolous, vexatious, misconceived or lacking in substance; or\n\t(b)\tis being used for an improper purpose; or\n\t(c)\tis otherwise an abuse of process,\nand, in such a case, a further application relating to the same matter may only be made with the permission of the Contact Arrangements Review Panel.\n\t(5)\tThe Contact Arrangements Review Panel may, on a review under this section—\n\t(a)\taffirm the determination that is being reviewed; or\n\t(b)\tvary the determination that is being reviewed; or\n\t(c)\tset aside the determination being reviewed and—\n\t(i)\tsubstitute its own determination; or\n\t(ii)\tsend the matter back to the Chief Executive for determination in accordance with any directions or recommendations that the Contact Arrangements Review Panel considers appropriate.\n\t(6)\tThe Chief Executive's determination as affirmed, varied or substituted by the Contact Arrangements Review Panel—\n\t(a)\twill be taken to be a determination of contact arrangements in respect of the relevant child or young person; and\n\t(b)\thas effect from the time specified by the Contact Arrangements Review Panel.\n\t(7)\tA determination that has been affirmed, varied or substituted under this section cannot be the subject of a further review by the Contact Arrangements Review Panel.\n\t(8)\tSubject to this Act, the Contact Arrangements Review Panel may determine its own procedures.\n\t(9)\tThe regulations may make further provision in relation to reviews under this section.\nPart 5—Voluntary custody agreements\n96—Voluntary custody agreements\n\t(1)\tSubject to this section, the parents or guardians of a child or young person and the Chief Executive may enter into an agreement (a voluntary custody agreement) under which the Chief Executive will have the custody of the child or young person while the agreement has effect.\n\t(2)\tIf—\n\t(a)\tthe whereabouts of a particular parent or guardian of a child or young person cannot, after reasonable enquiries, be ascertained; or\n\t(b)\ta particular parent or guardian of a child or young person has failed to respond within a reasonable period of time to a request that they enter into a voluntary custody agreement; or\n\t(c)\tit is not, in all the circumstances of the case, reasonably practicable to request a particular parent or guardian of a child or young person to enter into a voluntary custody agreement,\nthe remaining parent or guardian (as the case requires) may enter into a voluntary custody agreement in respect of the child or young person.\n\t(3)\tNegotiations for a voluntary custody agreement may be initiated by a parent or guardian of a child or young person, or by a child or young person of or above the age of 16 years.\n\t(4)\tA voluntary custody agreement in relation to a child or young person of or above the age of 16 years can only be entered into, or extended, with the consent of the child or young person.\n\t(5)\tIf the Chief Executive is satisfied that a child or young person under the age of 16 years has a sufficient understanding of the consequences of a voluntary custody agreement, the child or young person must be consulted before a voluntary custody agreement relating to them can be entered into or extended.\n\t(6)\tA voluntary custody agreement—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be terminated at any time—\n\t(i)\tby a parent or guardian who is a party to the agreement; or\n\t(ii)\tby agreement between the parties to the agreement; and\n\t(c)\twill be taken to have been terminated on any order being made under this Act or any other Act or law placing the child or young person under the guardianship or in the custody of a person.\n\t(7)\tA termination of a voluntary custody agreement under subsection (6)(b)(i) must be by notice in writing to the Chief Executive.\n\t(8)\tIf a voluntary custody agreement relates to a child or young person of or above the age of 16 years, the Chief Executive must, if the Chief Executive is satisfied that proper arrangements exist for the care of the child or young person, terminate the agreement on the request of the child or young person.\n\t(9)\tUnless the agreement is terminated earlier under this section, a voluntary custody agreement—\n\t(a)\thas effect for the period (not exceeding 3 months) specified in the agreement; and\n\t(b)\tmay, on its expiration, be extended by the parties to the agreement (but not so that the agreement will operate for a total period of more than 6 months).\nPart 6—Foster care agencies\n97—Interpretation\nFor the purposes of this Part, a reference to the business of a foster care agency will be taken to be a reference to the placement of children and young people in the care of approved carers (whether on a commercial basis or otherwise).\n98—Foster care agencies to be licensed\nA person must not carry on the business of a foster care agency unless the person is the holder of a licence under this Part.\n\t(a)\tin the case of a natural person—Imprisonment for 2 years; or\n99—Licence to carry on business as foster care agency\n\t(1)\tThe Chief Executive may, on an application under this section and by notice in writing, grant a licence to a person to carry on the business of a foster care agency.\n\t(2)\tAn application for a licence—\n\t(b)\tmust be accompanied by any information or documents as may be required by the Chief Executive.\n\t(3)\tThe Chief Executive must not grant a licence to a person unless satisfied that—\n\t(a)\tthe person is a fit and proper person to hold a licence (including by having regard to the qualifications and experience in the field of foster care, or any other related field, of the persons who will be carrying on or managing the business, and of any employees of the business); and\n\t(b)\tthe person (or, in the case of a body corporate, each director of the body corporate) is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(c)\ta working with children check has been conducted in relation to the person (or, in the case of a body corporate, in relation to each director of the body corporate) within the preceding 5 years; and\n\t(d)\tthe system of management within the agency is appropriate; and\n\t(e)\tthe procedures proposed by the agency for the selection, approval, training and support of approved carers are appropriate; and\n\t(f)\tthe procedures proposed by the agency for the placement and supervision of children and young people are appropriate,\nand may refuse to grant a licence for any reason the Chief Executive thinks fit.\n\t(4)\tA licence may be conditional or unconditional.\n\t(5)\tThe Chief Executive may, by notice in writing, vary, substitute or revoke a condition of a licence.\n\t(6)\tThe holder of a licence under this Part must not refuse or fail to comply with a condition of the licence.\n\t(7)\tSubject to this Act, a licence remains in force for a period of 12 months from the day on which it was issued, and may be renewed in accordance with the regulations for successive periods of 12 months.\n100—Cancellation of licence\n\t(1)\tThe Chief Executive may, by notice in writing, cancel a licence under this Part if the Chief Executive reasonably suspects that—\n\t(a)\ta child or young person placed in the care of an approved carer pursuant to the licence is not being adequately cared for; or\n\t(b)\tthe provisions of this Act are not being complied with by the licensed foster care agency to which the licence relates; or\n\t(c)\tthe holder of the licence no longer meets a requirement for granting the licence under section 99(3); or\n\t(d)\tthe holder of the licence has refused or failed to comply with a condition of the licence; or\n\t(e)\tthe holder of the licence (or, if the holder of the licence is a body corporate, a director of the body corporate) is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or\n\t(f)\ta working with children check has been not conducted in relation to the holder of the licence (or, if the holder of the licence is a body corporate, in relation to a director of the body corporate) within the preceding 5 years; or\n\t(g)\tit is otherwise appropriate that the licence be cancelled.\n\t(2)\tThe Chief Executive must (except in relation to a cancellation for a reason referred to in subsection (1)(d) or (e)) give the holder of a licence under this Part at least 28 days notice in writing of the Chief Executive's intention to cancel the licence.\n101—Record keeping\n\t(1)\tThe holder of a licence under this Part must make such records as may be required by the regulations.\n\t(2)\tThe holder of a licence under this Part must keep the records referred to in subsection (1) in accordance with the requirements set out in the regulations.\n102—Ongoing reviews of approved carers by agency\nThe holder of a licence under this Part must, in relation to each approved carer in whose care the foster care agency places children and young people pursuant to the licence—\n\t(a)\tundertake regular assessments of the provision of care by the approved carer under this Act; and\n\t(b)\tassess any requirement of the approved carer for financial or other assistance.\n","sortOrder":8},{"sectionNumber":"Part 7","sectionType":"part","heading":"Licensed children's residential facilities","content":"Part 7—Licensed children's residential facilities\n103—Interpretation\nIn this Part—\nchildren's residential facility means—\n\t(a)\ta place where 3 or more children or young people are, for monetary or other consideration, cared for on a residential basis apart from their parents or guardians; or\n\t(b)\tany other place in which children or young people are cared for on a residential basis declared by the regulations to be included in the ambit of this definition,\nbut does not include—\n\t(c)\tthe residence of an approved carer in whose care a child or young person is placed under this Act; or\n\t(d)\ta residential facility or other centre established by the Minister under the Family and Community Services Act 1972; or\n\t(da)\ta training centre established under the Youth Justice Administration Act 2016; or\n\t(e)\tresidential premises that are attached to a school or a tertiary education institution, or that are used solely for the purposes of caring for tertiary students; or\n\t(f)\tany other facility or place, or class of facility or place, declared by the regulations not to be included in the ambit of this definition.\n104—Children's residential facilities to be licensed\nA person must not operate a children's residential facility unless the person is the holder of a licence under this Part in respect of the facility.\n\t(a)\tin the case of a natural person—Imprisonment for 2 years; or\n105—Licence to operate children's residential facility\n\t(1)\tThe Chief Executive may, on an application under this section and by notice in writing, grant a licence to a person to operate a children's residential facility.\n\t(2)\tAn application for a licence—\n\t(b)\tmust be accompanied by such information or documents as may be reasonably required by the Chief Executive.\n\t(3)\tThe Chief Executive must not grant a licence to a person unless satisfied that—\n\t(a)\tthe person is a fit and proper person to hold a licence (including by having regard to the suitability, qualifications and experience of the persons who will be operating the children's residential facility and of any persons who will be employed in the facility); and\n\t(b)\tthe person (or, in the case of a body corporate, each director of the body corporate) is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(c)\ta working with children check has been conducted in relation to the person (or, in the case of a body corporate, in relation to each director of the body corporate) within the preceding 5 years; and\n\t(d)\tthe premises proposed to be used as a children's residential facility are suitable for that purpose; and\n\t(e)\tthe system of management within the children's residential facility is appropriate.\n\t(4)\tThe Chief Executive must impose on each licence a condition setting out the maximum number (not exceeding the prescribed number) of children and young people that may reside in the licensed children's residential facility at any time (and may impose such other conditions as the Chief Executive thinks appropriate).\n\t(5)\tThe Chief Executive may, by notice in writing, vary, substitute or revoke a condition of a licence.\n\t(6)\tThe holder of a licence under this Part must not refuse or fail to comply with a condition of the licence.\n\t(7)\tSubject to this Act, a licence remains in force for the period specified in the licence (not exceeding 3 years) and may be renewed in accordance with the regulations.\nprescribed number means—\n\t(a)\tif the regulations prescribe a number for the purposes of this definition—that number; or\n\t(b)\tif the regulations do not prescribe a number for the purposes of this definition—4.\n106—Cancellation of licence\n\t(1)\tThe Chief Executive may, by notice in writing, cancel a licence under this Part if the Chief Executive reasonably suspects that—\n\t(a)\ta child or young person in the licensed children's residential facility is not being adequately cared for; or\n\t(b)\tthe provisions of this Act are not being complied with in respect of the licensed children's residential facility to which the licence relates; or\n\t(c)\tthe holder of the licence has refused or failed to comply with a condition of the licence; or\n\t(d)\tthe holder of the licence (or, if the holder of the licence is a body corporate, a director of the body corporate) is a prohibited person under the Child Safety (Prohibited Persons) Act 2016; or\n\t(e)\ta working with children check has not been conducted in relation to the holder of the licence (or, if the holder of the licence is a body corporate, in relation to a director of the body corporate) within the preceding 5 years; or\n\t(f)\tit is otherwise appropriate that the licence be cancelled.\n\t(2)\tThe Chief Executive must (except in relation to a cancellation for a reason referred to in subsection (1)(c) or (d)) give the holder of a licence at least 28 days notice in writing of the Chief Executive's intention to cancel the licence.\n107—Persons not to be employed in licensed children's residential facility unless they have been assessed\n\t(1)\tA person must not be employed in a licensed children's residential facility unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.\n\t(2)\tHowever, subsection (1) does not apply to the employment of a person or person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person who is employed in a children's residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(4)\tA person who employs, or continues to employ, a person in a licensed children's residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(5)\tFor the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—\n\t(e)\tcarries out work as a volunteer; or\n\t(f)\tperforms unpaid community work in accordance with an order of a court,\nand a reference to employ is to be construed accordingly.\n108—Record keeping\n\t(1)\tThe holder of a licence under this Part must make such records as may be required by the regulations.\n\t(2)\tThe holder of a licence under this Part must keep the records referred to in subsection (1) in accordance with the requirements set out in the regulations.\n109—Child protection officer may inspect licensed children's residential facility\n\t(1)\tWithout limiting any other provision of this Act, a child protection officer may, at any reasonable time, enter and inspect a licensed children's residential facility.\n\t(2)\tA child protection officer may give to the holder of a licence in respect of a licensed children's residential facility, or any person present at the facility, such directions as the child protection officer thinks necessary or appropriate to enable the child protection officer to properly inspect the facility.\n\t(3)\tA person must not refuse or fail to comply with a direction under subsection (2).\n\t(4)\tTo avoid doubt, a child protection officer need not suspect that a child or young person residing in the licensed children's residential facility is at risk, or that the holder of a licence in respect of the facility has contravened this Act, in order to exercise a power under this section.\n110—Chief Executive to hear complaints\n\t(1)\tA child or young person being cared for in a prescribed facility, or a parent or guardian of such a child or young person, may make a complaint to the Chief Executive with respect to the care that the child or young person is receiving in the facility.\n\t(2)\tA complaint under subsection (1) must be made in a manner and form determined by the Chief Executive.\n\t(3)\tThe Chief Executive must cause a complaint made under this section to be investigated in accordance with the regulations.\nprescribed facility means—\n\t(a)\ta licensed children's residential facility; and\n\t(b)\tany other facility prescribed by the regulations for the purposes of this paragraph.\n","sortOrder":9},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Assessment of employees in other residential facilities","content":"Part 7A—Assessment of employees in other residential facilities\n110A—Persons not to be employed in certain residential facilities unless assessed\n\t(1)\tA person must not be employed in a residential facility established by the Minister under section 36 of the Family and Community Services Act 1972 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.\n\t(2)\tHowever, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person who is employed in a residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(4)\tA person who employs, or continues to employ, a person in a residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(5)\tFor the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—\n\t(e)\tcarries out work as a volunteer; or\n\t(f)\tperforms unpaid community work in accordance with an order of a court,\nand a reference to employ is to be construed accordingly.\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provision of assistance to care leavers","content":"Part 8—Provision of assistance to care leavers\n111—Chief Executive to assist persons leaving care\n\t(1)\tThe Chief Executive must, in relation to each child or young person who is lawfully leaving the care of a person in whose guardianship or custody they have been placed under this Act, and in consultation with the child or young person, prepare a plan setting out steps to assist the child or young person in making their transition from care.\n\t(2)\tThe Department, and any other State authority specified by the Chief Executive in a plan under this section, is to take reasonable steps to implement the plan.\n\t(3)\tHowever, a plan under this section does not create legally enforceable rights or entitlements.\n112—Minister to arrange assistance for eligible care leavers\n\t(1)\tThe Minister must cause such assistance as the Minister thinks appropriate to be offered to each eligible care leaver for the purposes of making their transition from care as easy as is reasonably practicable.\n\t(2)\tWithout limiting the kinds of assistance that may be offered to an eligible care leaver, such assistance may include 1 or more of the following:\n\t(a)\tthe provision of information about Government and other resources and services available to the eligible care leaver;\n\t(b)\tthe provision of education and training services;\n\t(c)\tassistance in finding accommodation;\n\t(d)\tassistance in finding employment;\n\t(e)\tassistance in accessing legal advice and health services;\n\t(f)\tcounselling and support services.\n\t(3)\tIf an eligible care leaver accepts an offer of assistance, the Minister must take reasonable steps to provide such assistance, or cause such assistance to be provided, to the eligible care leaver.\n\t(4)\tTo avoid doubt, assistance may, at the discretion of the Minister, be provided for a specified period or until a person ceases to be an eligible care leaver.\n\t(5)\tHowever, an offer of assistance under this section does not create legally enforceable rights or entitlements.\n\t(6)\tIn this section—\neligible care leaver—a person is an eligible care leaver if the person—\n\t(a)\tis more than 16, but less than 26, years of age; and\n\t(b)\twas, at any stage, under the guardianship or custody of the Chief Executive or another person pursuant to this Act or the Children's Protection Act 1993 for a period of 6 months or more (or such lesser period as may be allowed by the Minister).\n","sortOrder":11},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9—Miscellaneous\n112A—Chief Executive may provide assistance to persons caring for children and young people\nThe Chief Executive may grant to an approved carer or other person in whose care a child or young person has been placed under this Act or the Family Relationships Act 1975 such financial or other assistance in relation to the care and maintenance of the child or young person as may be determined by the Chief Executive.\n113—Agreement for funeral arrangements of children and young people in care\n\t(1)\tThis section applies to a child or young person who—\n\t(a)\tis under the guardianship or custody of the Chief Executive or another person pursuant to this Act; or\n\t(b)\tis otherwise placed in the care of an approved carer pursuant to this Act.\n\t(2)\tIf—\n\t(a)\ta child or young person to whom this section applies dies; and\n\t(b)\tthe person in whose care the child or young person was at the time of their death and the person who is responsible for arranging the funeral and the disposal of the deceased's remains disagree about those arrangements,\nthe Chief Executive may, at the request of 1 or both of the parties, endeavour to assist the parties to reach an agreement about those arrangements.\nChapter 8—Providing safe environments for children and young people\n114—Certain organisations must have policies and procedures to ensure safe environments provided\n\t(1)\tA prescribed organisation must, in accordance with any requirement set out in the regulations, prepare or adopt policies and procedures of the following kinds:\n\t(a)\tpolicies and procedures that ensure that the requirements under Chapter 5 Part 1 are satisfied;\n\t(b)\tpolicies and procedures designed to ensure that safe environments for children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation;\n\t(c)\tsuch other policies and procedures as may be required by the regulations for the purposes of this section.\n\t(2)\tA prescribed organisation may, in accordance with any requirement set out in the regulations, from time to time vary or substitute a policy or guideline required under subsection (1).\n\t(3)\tA prescribed organisation must, as soon as is reasonably practicable after preparing or adopting, or varying or substituting, the policies and procedures required under subsection (1), provide to the Chief Executive a statement—\n\t(a)\tcertifying that the prescribed organisation has in place policies and procedures as required under that subsection; and\n\t(b)\tsetting out any information required by the regulations for the purposes of this paragraph.\n\t(4)\tA statement required under subsection (3)—\n\t(a)\tmust be provided in a manner and form determined by the Chief Executive; and\n\t(b)\tmust, if the Chief Executive so requires, be accompanied by a copy of each policy and procedure prepared or adopted under subsection (1) as varied or substituted from time to time; and\n\t(c)\tmust comply with any other requirements set out in the regulations for the purposes of this paragraph.\n\t(5)\tA prescribed organisation must, at the request of a person in relation to whom the prescribed organisation provides, or is to provide, a service, produce for inspection a copy of the policies and procedures prepared or adopted under subsection (1), as in force at the relevant time.\n\t(6)\tA prescribed organisation must not refuse or fail to comply with a requirement under this section.\n\t(7)\tIn this section—\nprescribed organisation means—\n\t(a)\tState authorities; or\n\t(b)\tpersons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016; or\n\t(c)\tany other person or body, or person or body of a class, declared by the regulations to be included in the ambit of this paragraph.\n115—Policies and procedures to be reviewed\n\t(1)\tA prescribed organisation must, in accordance with any requirement set out in the regulations, review the policies and procedures prepared or adopted under section 114(1) at least once in every 5 year period.\nprescribed organisation has the same meaning as in section 114.\nChapter 9—Child and Young Person's Visitor scheme\n116—Interpretation\nIn this Chapter—\nprescribed facility means—\n\t(a)\ta licensed children's residential facility; and\n\t(b)\tany other facility prescribed by the regulations.\n117—Child and Young Person's Visitor\n\t(1)\tThe Minister may establish a Child and Young Person's Visitor.\n\t(2)\tThe Child and Young Person's Visitor is to be independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(3)\tThe regulations may make further provision in relation to the establishment and appointment of the Child and Young Person's Visitor.\n118—Functions and powers\n\t(1)\tThe functions of the Child and Young Person's Visitor are—\n\t(a)\tto conduct visits to, and inspections of, prescribed facilities as required or authorised under this Chapter; and\n\t(b)\tto communicate with children and young people resident in prescribed facilities; and\n\t(c)\tto promote the best interests of the children and young people resident in prescribed facilities; and\n\t(d)\tto act as an advocate for children and young people resident in prescribed facilities and to promote the proper resolution of issues relating to their care; and\n\t(e)\tto inquire into, and provide advice to the Minister relating to, any systemic reform necessary to improve—\n\t(i)\tthe quality of care, treatment or control of children and young people resident in prescribed facilities; or\n\t(ii)\tthe management of prescribed facilities; and\n\t(f)\tany other functions assigned to the Child and Young Person's Visitor under this or any other Act.\n\t(2)\tIn performing functions under this Act, the Child and Young Person's Visitor—\n\t(a)\tmust encourage children and young people resident in prescribed facilities to express their own views and give proper weight to those views; and\n\t(b)\tmust pay particular attention to the needs and circumstances of—\n\t(i)\tAboriginal or Torres Strait Islander children or young people; or\n\t(ii)\tchildren and young people who have a physical, psychological or intellectual disability; and\n\t(c)\tmay receive and consider any information, reports and materials that may be relevant to performing the Child and Young Person's Visitor's functions.\n\t(3)\tOn a visit to a prescribed facility under this Chapter, the Child and Young Person's Visitor may—\n\t(a)\tinspect any part of the prescribed facility; and\n\t(b)\tmake inquiries about the care, treatment and control of each child or young person resident in the prescribed facility; and\n\t(c)\ttake such other action as may be reasonably required to perform the Child and Young Person's Visitor's functions under this Act.\n\t(4)\tSubject to subsection (5), a visit to a prescribed facility—\n\t(a)\tmay be made by the Child and Young Person's Visitor on the Child and Young Person's Visitor's own initiative or at the request of a child or young person who is or was resident in the prescribed facility; and\n\t(b)\tmay be made at any reasonable time; and\n\t(c)\tmay be of such duration as the Child and Young Person's Visitor thinks appropriate.\n\t(5)\tThe Child and Young Person's Visitor must—\n\t(a)\texcept in exceptional circumstances, give the person in charge of a prescribed facility reasonable notice of a visit; and\n\t(b)\ttake steps to ensure that the safe administration of the prescribed facility is not compromised by a visit; and\n\t(c)\tobey the reasonable directions of the person in charge of the prescribed facility in relation to any genuine concerns the person may have in connection with the safe management of the prescribed facility.\n\t(6)\tIf the person in charge of a prescribed facility refuses to allow the Child and Young Person's Visitor to visit the prescribed facility because of genuine concerns the person may have in connection with the safety of the Child and Young Person's Visitor (whether related to a security risk, a health related risk or some other reason), the person must, as soon as reasonably practicable, provide the Child and Young Person's Visitor with written advice as to why entry to the prescribed facility was refused.\n\t(7)\tThe Child and Young Person's Visitor has such other powers as may be necessary or expedient for, or incidental to, the performance of the Child and Young Person's Visitor's functions.\n119—Reporting obligations\n\t(1)\tThe Child and Young Person's Visitor must, on or before 30 September in every year, prepare and provide to the Minister a report on the work of the Child and Young Person's Visitor during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.\n\t(3)\tThe Child and Young Person's Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the Child and Young Person's Visitor's functions.\n\t(4)\tThe Minister must, within 6 sitting days after receiving a special report, have copies of the report laid before both Houses of Parliament.\n","sortOrder":12},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transfer of certain orders and proceedings between South Australia and other jurisdictions","content":"Chapter 10—Transfer of certain orders and proceedings between South Australia and other jurisdictions\nPart 1—Preliminary\n120—Purpose of Chapter\nThe purpose of this Chapter is to provide for the transfer of certain child protection orders and proceedings between South Australia and another State or a Territory of Australia or between South Australia and New Zealand—\n\t(a)\tso that children who are in need of protection may be protected despite moving from one jurisdiction to another; and\n\t(b)\tso as to facilitate the timely and expeditious determination of court proceedings relating to the protection of a child.\n121—Interpretation\n\t(1)\tIn this Chapter—\nappropriate court, in relation to a participating State, means the court in that State that has jurisdiction to hear and determine child protection proceedings at first instance;\nchild protection order means an order (not being an interim order (see definition) or any other order made on an interim basis) made under a child welfare law that gives—\n\t(a)\ta minister of the Crown; or\n\t(b)\ta person who is the chief executive of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority; or\n\t(c)\tthe chief executive of a licensed children's residential facility or any other organisation or its chief executive,\nresponsibility in relation to the guardianship, custody or supervision of the child, however that responsibility is described;\nchild protection proceeding means any proceeding brought in a court under a child welfare law for—\n\t(a)\tthe making of a finding that a child is in need of protection or any other finding (however described) the making of which is a prerequisite under the child welfare law to the exercise by the court of a power to make a child protection order; or\n\t(b)\tthe making of a child protection order or an interim order or for the variation or revocation or the extension of the period of such an order;\nchild welfare law means—\n\t(a)\tthis Act; or\n\t(ab)\tthe Children's Protection Act 1993; or\n\t(b)\ta law of another State that is declared by proclamation under subsection (2) to be a child welfare law for the purposes of this Chapter;\ninterim order means—\n\t(a)\tan order made under section 133; or\n\t(b)\tan equivalent order made under an interstate law;\ninterstate law means a law of another State that is declared by proclamation under subsection (3) to be an interstate law for the purposes of this Chapter;\ninterstate officer, in relation to a State other than South Australia, means—\n\t(a)\tthe holder of an office or position that is declared by proclamation under subsection (4) to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Chapter; or\n\t(b)\tthe person holding the office or position to which there is given by or under the child welfare law of that State principal responsibility for the protection of children in that State;\nparticipating State means a State in which an interstate law is in force;\nRegistrar means the Registrar of the Youth Court;\nsending State means the State from which a child protection order or proceeding is transferred under this Chapter or an interstate law;\nState means—\n\t(a)\ta State or a Territory of Australia; or\n\t(b)\tNew Zealand.\n\t(2)\tThe Governor may, by proclamation, declare a law of a State (other than South Australia) to be a child welfare law for the purposes of this Chapter if satisfied that the law substantially corresponds to this Act.\n\t(3)\tThe Governor may, by proclamation, declare a law of a State (other than South Australia) to be an interstate law for the purposes of this Chapter if satisfied that the law substantially corresponds to this Chapter.\n\t(4)\tThe Governor may, by proclamation, declare an office or position in a State (other than South Australia) to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Act.\n\t(5)\tThe Governor may, by proclamation, vary or revoke a proclamation made under this section.\n\t(6)\tFor the purposes of this Chapter, a decision or order is not subject to review or appeal if—\n\t(a)\tthe time for instituting a review of or appeal against the decision or order has expired; or\n\t(b)\twhere a review or appeal was instituted, the decision or order was confirmed on the review or appeal or the review or appeal was discontinued.\n\t(7)\tThe following persons are parties to proceedings before the Court on an application for the transfer of a child protection order or a child protection proceeding under this Chapter:\n\t(a)\tthe applicant;\n\t(b)\tthe child the subject of the application;\n\t(c)\teach parent and guardian of the child.\nPart 2—Administrative transfer of child protection order\n122—When Chief Executive may transfer order\n\t(1)\tThe Chief Executive may transfer a child protection order (the home order) to a participating State if—\n\t(a)\tin the Chief Executive's opinion a child protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and\n\t(b)\tthe home order is not subject to an appeal; and\n\t(c)\tthe relevant interstate officer has consented in writing to the transfer and to any proposed variation of the terms of the order pursuant to subsection (3); and\n\t(d)\tthe persons whose consent to the transfer is required under section 123 have so consented.\n\t(2)\tIn determining whether a child protection order to the same or a similar effect as the home order could be made under the child welfare law of the participating State, the Chief Executive must not take into account the period for which it is possible under that law for such an order to be in force.\n\t(3)\tFor the purposes of transferring a child protection order to a participating State, the Chief Executive may vary the terms of the order so that it makes provision for any matter in terms that could be included in a child protection order of that type made in the participating State.\n\t(4)\tThe Chief Executive must specify in the transferred order the period for which it is to remain in force.\n\t(5)\tThat period must be—\n\t(a)\tif the same period as that of the home order is possible for the transferred order under the child welfare law of the participating State commencing on and including the date of the registration of the order in that State—that period; or\n\t(b)\tin any other case—as similar a period as is possible under that law but in no case longer than the period of the home order.\n123—Persons whose consent is required\n\t(1)\tFor the purposes of section 122(1)(d)—\n\t(a)\tif the home order grants custody (but not guardianship) of the child to the Minister or the Chief Executive, consent to the transfer is required from the child's parents;\n\t(b)\tif the home order grants custody of the child to the chief executive of a licensed children's residential facility or to any other organisation or its chief executive, consent to the transfer is required from the child's parents and the chief executive of the facility or organisation;\n\t(c)\tif the home order requires the child to be under the supervision of the Chief Executive or some other specified person or authority, consent to the transfer is required from the child's parents and guardians;\n\t(d)\tif the home order or any ancillary order grants a person access to the child, consent to the transfer is required from that person.\n\t(2)\tHowever, if a person whose consent would normally be required is residing in, or is intending to reside in, the relevant participating State, the consent of that person to the transfer is not required.\n\t(3)\tDespite subsection (1), if a person whose consent is required—\n\t(a)\tcannot, after reasonable enquiries, be found; or\n\t(b)\tfails to respond within a reasonable period of time to a request for consent,\nthe consent of that person to the transfer is not required.\n124—Chief Executive to have regard to certain matters\nIn determining whether to transfer a child protection order to a participating State under this Part, the Chief Executive must have regard to—\n\t(a)\tany sentencing order (other than a fine) in force in respect of the child, or criminal proceeding pending against the child in a court, of which the Chief Executive is aware; and\n\t(b)\twhether the Chief Executive or an interstate officer is in the better position to exercise the powers and responsibilities under the order; and\n\t(c)\tthe desirability of the order being an order under the child welfare law of the State where the child resides.\n125—Notification to child, parents and guardians\n\t(1)\tIf the Chief Executive has decided to transfer a child protection order to a participating State under this Part, the Chief Executive must cause—\n\t(a)\tthe parents and guardians of the child who is the subject of the order and any other person who is granted access to the child under the order (or an ancillary order); and\n\t(b)\tif the child is of or above the age of 10 years, the child,\nto be served with a notice of the decision as soon as practicable but in any event no later than 3 business days after making it.\n\t(2)\tA notice under subsection (1) must, in addition to providing notice of the decision, give particulars of the rights of review of the decision and of how and when an application for such a review may be made.\n\t(3)\tThe notice of the decision must be served personally, but—\n\t(a)\tif it is not practicable to serve the notice personally on a person (not being the child); or\n\t(b)\tif the whereabouts of such a person cannot, after reasonable enquiries, be ascertained,\nthe notice of the decision may be served on that person by post addressed to the person at their last known place of residence or employment or in any other manner authorised by the Court.\n126—Review of decision may be sought\n\t(1)\tAny person who is required to be notified of a decision of the Chief Executive to transfer a child protection order to a participating State under this Part may apply to the Court for a review of the decision.\n\t(2)\tAn application for review must be lodged with the Court and served on the Chief Executive within 13 business days after the day on which the decision is made.\n\t(3)\tSubject to subsection (2), an application for review must be brought in accordance with the rules of the Court.\n\t(4)\tThe lodgment and service of an application in accordance with subsections (2) and (3) operate as a stay of the decision pending the determination of the review.\n\t(5)\tA review is to be conducted by way of a hearing and for that purpose the Court may receive evidence, including, if the Court so determines, evidence given by affidavit.\n\t(6)\tThe Court must, on a review, give due weight to the decision being reviewed and the reasons for it and not depart from the decision except for cogent reasons.\n\t(7)\tOn a review, the Court may—\n\t(a)\taffirm the decision the subject of the review; or\n\t(b)\trescind the decision; or\n\t(c)\trescind the decision and substitute a decision that the Court considers appropriate; or\n\t(d)\tremit the subject matter of the review to the Chief Executive for reconsideration in accordance with any directions or recommendations of the Court,\nand may make any ancillary or consequential order that the Court considers appropriate.\n\t(8)\tEach party to the proceedings is to bear their own costs unless the Court considers that some other order should be made to do justice between the parties.\nPart 3—Judicial transfer of child protection order\n127—When Court may make order under this Part\nThe Court may make an order under this Part transferring a child protection order to a participating State if—\n\t(a)\tan application for the making of the order is made by the Chief Executive; and\n\t(b)\tthe child protection order is not subject to an appeal; and\n\t(c)\tthe relevant interstate officer has consented in writing to the transfer and to the proposed terms of the order.\n128—Type of order\n\t(1)\tIf the Court determines to transfer a child protection order (the home order) under this Part, the Court may, for the purpose of the transfer, vary the terms of the order so that it makes provision for any matter in terms that could be included in a child protection order made under the child welfare law of the participating State and that the Court believes to be—\n\t(a)\tto the same or a similar effect as the terms of the home order; or\n\t(b)\totherwise in the best interests of the child.\n\t(2)\tIn determining whether an order to the same or a similar effect as the home order could be made under the child welfare law of the participating State, the Court must not take into account the period for which it is possible under that law for such an order to be in force.\n\t(3)\tThe Court must specify in the transferred order the period for which it is to remain in force.\n\t(4)\tThe period must be any period that is possible for a child protection order of the type of the transferred order under the child welfare law of the participating State commencing from the date of its registration in that State and that the Court considers appropriate.\n129—Court to have regard to certain matters\nIn determining an application under this Part, the Court must have regard to—\n\t(a)\twhether the Chief Executive or an interstate officer is in the better position to exercise the powers and responsibilities under a child protection order relating to the child; and\n\t(b)\tthe desirability of a child protection order being an order under the child welfare law of the State where the child resides; and\n\t(c)\tany information given to the Court by the Chief Executive under section 130.\n130—Duty of Chief Executive to inform the Court of certain matters\nIf the Chief Executive is aware that—\n\t(a)\ta sentencing order, other than a fine, is in force in respect of the child who is the subject of an application under this Part; or\n\t(b)\ta criminal proceeding is pending against that child in any court,\nthe Chief Executive must, as soon as possible, inform the Court of that fact and of the details of the sentencing order or pending criminal proceeding.\nPart 4—Transfer of child protection proceedings\n131—When Court may make order under this Part\n\t(1)\tThe Court may make an order under this Part transferring a child protection proceeding pending in the Court to the appropriate court in a participating State if—\n\t(a)\tan application for the order is made by the Chief Executive; and\n\t(b)\tthe relevant interstate officer has consented in writing to the transfer.\n\t(2)\tThe proceeding is discontinued in the Court on the registration of the order in the appropriate court in the participating State in accordance with the interstate law.\n132—Court to have regard to certain matters\n\t(1)\tIn determining an application to transfer a proceeding under this Part, the Court must have regard to—\n\t(a)\twhether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law in the participating State; and\n\t(b)\tthe place where any of the matters giving rise to the proceeding in the Court arose; and\n\t(c)\tthe place of residence, or likely place of residence, of the child, their parents or guardians and any other people who are significant to the child; and\n\t(d)\twhether the Chief Executive or an interstate officer is in the better position to exercise the powers and responsibilities under a child protection order relating to the child; and\n\t(e)\tthe desirability of a child protection order being an order under the child welfare law of the State where the child resides; and\n\t(f)\tany information given to the Court by the Chief Executive under subsection (2).\n\t(2)\tIf the Chief Executive is aware that—\n\t(a)\ta sentencing order, other than a fine, is in force in respect of the child who is the subject of an application under this Part; or\n\t(b)\ta criminal proceeding is pending against that child in any court,\nthe Chief Executive must, as soon as possible, inform the Court of that fact and of the details of the sentencing order or pending criminal proceeding.\n133—Interim order\n\t(1)\tIf the Court makes an order transferring a proceeding under this Part, the Court may also make an interim order.\n\t(2)\tAn interim order—\n\t(a)\tmay make provision for the guardianship, custody or care of the child in such terms as the Court considers to be appropriate; and\n\t(b)\tmay give responsibility for the supervision of the child to the interstate officer in the participating State or any other person in that State to whom responsibility for the supervision of a child could be given under the child welfare law of that State; and\n\t(c)\tremains in force for the period (not exceeding 30 days) specified in the order.\n\t(3)\tThe appropriate court in the participating State may vary or revoke, or extend the period of, an interim order in accordance with the relevant interstate law.\nPart 5—Registration of interstate orders and proceedings\n134—Filing and registration of interstate documents\n\t(1)\tSubject to subsection (3), the Chief Executive must, as soon as possible, file in the Court for registration a copy of a child protection order transferred to South Australia under an interstate law.\n\t(2)\tSubject to subsection (3), the Chief Executive must, as soon as possible, file in the Court for registration a copy of an order under an interstate law to transfer a child protection proceeding to South Australia, together with a copy of any interim order made at the same time.\n\t(3)\tThe Chief Executive must not file in the Court a copy of a child protection order or of an order to transfer a child protection proceeding if—\n\t(a)\tthe decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) is subject to review or appeal or a stay; or\n\t(b)\tthe time for instituting a review or appeal has not expired,\nunder the interstate law.\n135—Notification by Registrar\nThe Registrar must immediately notify the appropriate officer of the appropriate court in the sending State and the interstate officer in that State of—\n\t(a)\tthe registration of any document filed under section 134; or\n\t(b)\tthe revocation under section 137 of the registration of any document so filed.\n136—Effect of registration\n\t(1)\tA child protection order registered in the Court under this Part will be taken for all purposes (except for the purposes of appeal) to be a care and protection order of the relevant type made by the Court on the day on which it is registered and it may be varied or revoked, or the period of the order extended, or a breach of it dealt with, under this Act accordingly.\n\t(2)\tAn interim order registered in the Court under this Part will be taken for all purposes (except for the purposes of appeal) to be an order made by the Court under this Act on the day on which it is registered and it may be varied, or the period of the order extended, or a breach of it dealt with, accordingly.\n\t(3)\tIf an order under an interstate law to transfer a child protection proceeding to South Australia is registered under this Part, the proceeding will be taken to have been commenced in the Court on the day on which the order is so registered.\n137—Revocation of registration\n\t(1)\tAn application for the revocation of the registration of any document filed under section 134 may be made to the Court by—\n\t(a)\tthe Chief Executive; or\n\t(b)\tthe child concerned; or\n\t(c)\ta parent or guardian of the child concerned; or\n\t(d)\ta party to the proceeding in the appropriate court in the sending State in which the decision to transfer the order or proceeding (as the case requires) was made.\n\t(2)\tThe Registrar must cause a copy of an application under subsection (1) to be given personally or by post as soon as possible to—\n\t(a)\tthe relevant interstate officer; and\n\t(b)\teach person (other than the applicant) by whom such an application could have been made.\n\t(3)\tThe Court may only revoke the registration of a document filed under section 134 if satisfied that it was inappropriately registered because—\n\t(a)\tthe decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) was at the time of registration subject to review or appeal or a stay; or\n\t(b)\tthe time for instituting a review or appeal had not expired,\nunder the relevant interstate law.\n\t(4)\tThe Registrar must cause any document filed in the Court under section 134 to be sent to the appropriate court in the sending State if the registration of the document is revoked under this section.\n\t(5)\tThe revocation of the registration of a document does not prevent the later re‑registration of that document.\nPart 6—Miscellaneous\n138—Appeals\n\t(1)\tAn appeal against a final order of the Court—\n\t(a)\tif made in a proceeding to transfer a child protection order to a participating State, must be lodged within 10 business days after the day on which the order was made; or\n\t(b)\tif made in a proceeding to transfer a child protection proceeding to the appropriate court in a participating State, must be lodged within 3 business days after the day on which the order was made.\n\t(2)\tAn appeal operates as a stay of the order.\n139—Effect of registration of transferred order\n\t(1)\tOn a child protection order being registered in a participating State under an interstate law, the child protection order made by the Court under this Act ceases to have effect.\n\t(2)\tDespite subsection (1), an order that has ceased to have effect by force of that subsection is revived if the registration of the transferred order is revoked in the participating State under the interstate law.\n\t(3)\tThe period for which a child protection order is revived is the balance of the period for which it would have remained in force but for the registration of the transferred order.\n140—Transfer of Court file\nThe Registrar must cause all documents filed in the Court in connection with a child protection proceeding to be sent to the appropriate court in a participating State if—\n\t(a)\tthe child protection order or proceeding is transferred to the participating State; and\n\t(b)\tthe decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) is not subject to review or appeal or a stay.\n141—Hearing and determination of transferred proceeding\nIn hearing and determining a child protection proceeding transferred to the Court under an interstate law, the Court—\n\t(a)\tis not bound by any finding of fact made in the proceeding in the appropriate court in the sending State before its transfer; but\n\t(b)\tmay have regard to the transcript of, or any evidence adduced in, the proceeding referred to in paragraph (a).\n142—Disclosure of information\n\t(1)\tDespite anything to the contrary in a prescribed child protection law, the Chief Executive may disclose to an interstate officer any information that has come to the Chief Executive's notice in the performance of duties or exercise of powers under a prescribed child protection law if the Chief Executive considers that it is necessary to do so to enable the interstate officer to perform duties or exercise powers under a child welfare law or an interstate law.\nprescribed child protection law means—\n\t(a)\tthis Act;\n\t(b)\tthe Children's Protection Act 1993;\n\t(c)\tany other Act prescribed by the regulations for the purposes of this paragraph.\n143—Discretion of Chief Executive to consent to transfer\n\t(1)\tIf, under an interstate law, there is a proposal to transfer a child protection order to South Australia, the Chief Executive may consent or refuse to consent to the transfer and the proposed terms of the child protection order to be transferred.\n\t(2)\tIf, under an interstate law, there is a proposal to transfer a child protection proceeding to the Court, the Chief Executive may consent or refuse to consent to the transfer.\n144—Evidence of consent of relevant interstate officer\nA document or a copy of a document—\n\t(a)\tpurporting to be the written consent of the relevant interstate officer to—\n\t(i)\tthe transfer of a child protection order to a participating State and to the proposed terms of the child protection order to be transferred; or\n\t(ii)\tthe transfer of a child protection proceeding pending in the Court to the appropriate court in a participating State; and\n\t(b)\tpurporting to be signed by the relevant interstate officer or their delegate,\nis admissible in evidence in any proceeding under this Chapter and, in the absence of evidence to the contrary, is proof that consent in the terms appearing in the document was duly given by the relevant interstate officer.\n","sortOrder":13},{"sectionNumber":"Part 11","sectionType":"part","heading":"Administrative matters","content":"Chapter 11—Administrative matters\nPart 1—Functions of Chief Executive etc\n145—Functions of the Chief Executive\nThe functions of the Chief Executive under this Act include—\n\t(a)\tdeveloping codes of conduct and principles of good practice for caring for, or working with, children and young people; and\n\t(b)\tproviding guidance on matters relating to the protection of children and young people, including—\n\t(i)\tappropriate standards of conduct for adults in dealing with children and young people; and\n\t(ii)\thow to deal with cases involving the bullying or harassment of a child or young person; and\n\t(iii)\thow to deal with cases involving the suspected harming of a child or young person; and\n\t(iv)\trecruitment and supervision of staff of government and non-government organisations who may have contact with children and young people in the course of their employment; and\n\t(c)\tdefining appropriate standards of care for ensuring the safety of children and young people; and\n\t(d)\tdisseminating information about ways in which children and young people may be at risk of harm so that such cases are more readily recognised and more promptly dealt with; and\n\t(e)\tensuring, as far as practicable, that procedures for making complaints relating to children and young people who may be at risk are accessible and responsive to the needs of children and young people in care; and\n\t(f)\tdeveloping channels of communication and information sharing between the Department or State authorities and children and young people; and\n\t(g)\tcontributing to public discourse on issues relating to the protection of children and young people as part of a wider engagement to promote the message that the protection of children and young people is everyone's responsibility; and\n\t(h)\tproviding and overseeing the training and ongoing education of child protection officers; and\n\t(i)\tdeveloping standard operating procedures governing the exercise of powers under this Act; and\n\t(j)\tto monitor the operation of this Act as it relates to the provision of safe environments for children and young people (including by monitoring progress in the government and non-government sectors towards achieving that goal) and to report regularly to the Minister on that subject; and\n\t(k)\tany other function conferred on the Chief Executive under this or any other Act or by the Minister.\n146—Powers of delegation\n\t(1)\tThe Minister or the Chief Executive may delegate a function or power (other than a prescribed function or power) under this Act to a specified person or body (including a person for the time being holding or acting in a specified office or position, or a person or body located in another State or Territory).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nPart 2—Child protection officers\n147—Child protection officers\n\t(1)\tThe following persons are child protection officers for the purposes of this Act:\n\t(a)\tthe Chief Executive;\n\t(b)\tpolice officers;\n\t(c)\tan employee of the Department authorised by the Chief Executive by instrument in writing as a child protection officer.\n\t(2)\tAn authorisation under subsection (1)(c) may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tA child protection officer authorised under subsection (1)(c) must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is a child protection officer under this Act; and\n\t(c)\tif the powers of a child protection officer have been limited by conditions—stating those limitations.\n\t(4)\tA child protection officer (other than a police officer in uniform) must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority.\n\t(5)\tThe Chief Executive may, by notice in writing to a child protection officer authorised under subsection (1)(c), vary or revoke the authorisation, or a condition or limitation of the authorisation, on any grounds the Chief Executive thinks fit.\n148—Primary function of child protection officers\nWithout limiting any other functions or powers of child protection officers under this or any other Act, the primary function of child protection officers under this Act is to exercise their powers for the purpose of removing children and young people from situations in which they are at risk of harm.\n149—Powers of child protection officers\n\t(1)\tSubject to this Act, a child protection officer may, as may reasonably be required in the administration, operation or enforcement of this Act, do 1 or more of the following:\n\t(a)\tenter and remain on any premises, place, vehicle or vessel (and for that purpose require a vehicle or vessel to stop);\n\t(b)\tinspect any premises or place, vehicle or vessel;\n\t(c)\tuse reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel;\n\t(d)\tif the officer believes on reasonable grounds that a child or young person is at risk of removal from the State for female genital mutilation or marriage—seize and retain any passport issued in the name of the child or young person;\n\t(e)\ttake photographs, films, audio, video or other recordings;\n\t(f)\tseize and retain anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;\n\t(g)\trequire a person who the officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state their full name and usual place of residence and to produce evidence of their identity;\n\t(h)\tgive such directions as may be reasonably required in connection with the exercise of a power conferred by a preceding paragraph or otherwise for a purpose related to the administration, operation or enforcement of this Act.\n\t(2)\tSubject to any order of the Court, a passport seized under subsection (1)—\n\t(a)\tmay be held by the Chief Executive for the period prescribed by the regulations; and\n\t(b)\tmust, at the end of the period, be dealt with in accordance with the regulations.\n\t(3)\tWithout limiting subsection (1), a child protection officer may, for the purposes of enforcing any order of the Court, without warrant, remove from any premises, place, vehicle or vessel a child or young person using such force (including breaking into the premises, place, vehicle or vessel) as is reasonably necessary for that purpose.\n\t(4)\tExcept as is provided for in subsection (3), a child protection officer may only use force to enter any premises, place, vehicle or vessel—\n\t(a)\ton the authority of a warrant issued by a magistrate; or\n\t(b)\tif—\n\t(i)\tentry to the premises, place, vehicle or vessel has been refused or cannot be gained; and\n\t(ii)\tthe child protection officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a child or young person.\n\t(5)\tA magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant.\n\t(6)\tAn application for the issue of a warrant under this section—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n\t(7)\tA magistrate by whom a warrant is issued under this section must file the warrant, or a copy of it, and any supporting affidavit in the Court.\n\t(8)\tWithout limiting subsection (1), a child protection officer may exercise a power under this section for the purpose of determining whether an order of the Court, or a direction or requirement of the Chief Executive, is being, or has been, complied with in respect of a child or young person who is under the guardianship, or in the custody, of the Chief Executive.\n\t(9)\tA child protection officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.\n\t(10)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction under this section.\nMaximum penalty: Imprisonment for 1 year.\n\t(11)\tTo avoid doubt, this section does not limit any other powers conferred by any other provision of this Act.\n150—Child protection officer may require information etc\n\t(1)\tA child protection officer, may, by notice in writing, require a specified person or body (whether or not the person or body 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 a document in the possession of the person or body that is reasonably required in the administration, operation or enforcement of this Act).\n\t(2)\tTo avoid doubt, a requirement under subsection (1) may include a requirement to provide copies of medical, financial or other records in respect of a person.\n\t(3)\tA child protection officer may, by notice in writing, require a specified person to—\n\t(a)\tanswer, to the best of the person's knowledge or belief, questions put by the child protection officer or an employee of the Department authorised by the Chief Executive for the purposes of this subsection; and\n\t(b)\tin the case of a person who has examined, assessed or treated a person under this Act—provide to the child protection officer or the Chief Executive a written report of that examination, assessment or treatment.\n\t(4)\tA person or body of whom a requirement is made under this section must provide the specified information, documents, answers or reports in the manner and form, and within the period, specified in the notice.\n\t(5)\tA person or body who refuses or fails to comply with a notice under this section is guilty of an offence.\n\t(6)\tIf a State authority refuses or fails to comply with a notice under subsection (1), the Chief Executive 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; and\n\t(b)\tinclude details of the refusal or failure in the annual report of the Department.\nPart 3—Information gathering and sharing\n151—Chief Executive may require State authority to provide report\n\t(1)\tThe Chief Executive may, if the Chief Executive is of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified in the notice.\n\t(2)\tIf a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for non-compliance.\n\t(3)\tThe Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive 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 Chief Executive'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 Chief Executive's report under subsection (3) to be laid before both Houses of Parliament.\n152—Sharing of information between certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe Department;\n\t(b)\tthe Commissioner for Children and Young People;\n\t(ba)\tthe Commissioner for Aboriginal Children and Young People;\n\t(c)\tthe Guardian for Children and Young People;\n\t(d)\tthe Child Death and Serious Injury Committee;\n\t(e)\tthe Child and Young Person's Visitor;\n\t(f)\ta State authority;\n\t(g)\ta Child and Family Assessment and Referral Network and its constituent members;\n\t(h)\tany other person or body prescribed by the regulations.\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 functions relating to children and 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)\tSubject to this section, but despite 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 or not 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 whether or not the provider has been requested to provide the information.\n\t(6)\tDespite section 164, the recipient of information or documents under this section must not disclose information or documents received under this section except—\n\t(a)\tto another person or body to whom this section applies; or\n\t(b)\tas may be authorised by the regulations.\n\t(7)\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.\n153—Certain persons to be provided with documents and information held by the Department\n\t(1)\tAn eligible applicant in respect of a prescribed person may apply to the Chief Executive for the provision of documents and information relating to the prescribed person being held by the Department.\n\t(2)\tAn application made under this section must be made in the manner and form determined by the Chief Executive.\n\t(3)\tSubject to this section, the Department must, on an application under subsection (1), provide to the eligible applicant—\n\t(a)\tsuch of the following documents relating to the prescribed person as may be held by the Department:\n\t(i)\tbirth certificate;\n\t(ii)\treligious certificates;\n\t(iii)\tcertificates of achievement;\n\t(iv)\teducation and training reports;\n\t(v)\tcorrespondence addressed to the prescribed person;\n\t(vi)\tpassport;\n\t(vii)\tphotographs;\n\t(viii)\tany other documents of a kind prescribed by the regulations; and\n\t(b)\tsuch information relating to the prescribed person of a kind specified in the application as may be held by the Department.\n\t(4)\tIf the Department holds an original of a document referred to in subsection (3)(a), the Department must give the original to the eligible applicant and must ensure that a copy of the document is retained for the purposes of the laws of the State.\n\t(5)\tFor the purposes of the State Records Act 1997, the disclosure or provision of an official record (within the meaning of that Act) is authorised under this Part.\n\t(6)\tThe Department may, in accordance with any guidelines published by the Department for the purposes of this section—\n\t(a)\trefuse to provide a document or information; or\n\t(b)\tprovide a document in redacted form.\n\t(7)\tIf the Department refuses to provide a document or information, or provides a document in redacted form, the Department must give the eligible applicant a written notice that sets out—\n\t(a)\tthe reasons for the decision; and\n\t(b)\tthe eligible applicant's right to seek a review of the decision under section 154; and\n\t(c)\tany other matter prescribed by the regulations.\n\t(8)\tIf—\n\t(a)\ta document that must be provided to an eligible applicant under this section contains information of a medical nature concerning the prescribed person; and\n\t(b)\tthe Department is of the opinion that disclosure of the information may have an adverse effect on the physical or mental health, or the emotional state, of the prescribed person,\nthe Department—\n\t(c)\tis not required to give access to the document directly to the eligible applicant; and\n\t(d)\tmay instead give access to the document to—\n\t(i)\ta medical practitioner nominated by the prescribed person or the eligible applicant; or\n\t(ii)\ta person or body nominated by the prescribed person or the eligible applicant and approved by the Department.\n\t(9)\tIn this section—\neligible applicant, in respect of a prescribed person, means—\n\t(a)\tthe prescribed person; or\n\t(b)\ta person authorised by the prescribed person to make an application under this section; or\n\t(c)\tin the case of a prescribed person who has died—a grandparent, parent, child or grandchild of the prescribed person;\nprescribed person means a person of or above the age of 18 years who was, while the person was a child or young person, provided with out of home care or care of a corresponding kind provided under an earlier Act of the State.\n154—Internal Review by Chief Executive\n\t(1)\tAn eligible applicant under section 153 may apply to the Chief Executive for a review of a decision to refuse to provide a document or information, or to provide a document in redacted form, within 30 days of the making of the decision.\n\t(2)\tOn a review under this section, the Chief Executive may confirm, vary or reverse the decision.\n\t(3)\tIf the Chief Executive fails to determine an application made under this section within 14 days after it is received, the Chief Executive will be taken to have confirmed the decision in respect of which review is sought.\n155—Interaction with Public Sector (Data Sharing) Act 2016\nNothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016.\nPart 4—Additional reporting obligations of Chief Executive\n156—Additional annual reporting obligations\n\t(1)\tThe Chief Executive must, not later than 30 September in each year, submit to the Minister a report setting out—\n\t(a)\tthe following information in respect of Aboriginal and Torres Strait Islander children and young people:\n\t(i)\tthe extent to which case planning in relation to such children and young people includes the development of cultural maintenance plans with input from local Aboriginal and Torres Strait Islander communities and organisations;\n\t(ii)\tthe extent to which agreements made in case planning relating to supporting the cultural needs of such children and young people are being met (being support such as transport to cultural events, respect for religious laws, attendance at funerals, providing appropriate food and access to religious celebrations);\n\t(iii)\tthe extent to which such children and young people have access to a case worker, community, relative or other person from the same Aboriginal or Torres Strait Islander community as the child or young person; and\n\t(b)\tthe following information relating to case workers and children and young people in care:\n\t(i)\twhether a case worker has been allocated to each child and young person in care;\n\t(ii)\twhether each child and young person in care has had face to face contact with their allocated case worker at least once in each month,\nand, if not, the extent to which those targets have been achieved; and\n\t(c)\twhether each child or young person under the guardianship of the Chief Executive until they are 18 years of age has a case plan that is developed, monitored and reviewed as part of a regular 6 monthly planning cycle and, if not, the extent to which that target has been achieved; and\n\t(d)\tthe emergence of any recurring themes in the matters referred to in a preceding paragraph; and\n\t(e)\tthe following information relating to recommendations of the Child Protection Systems Royal Commission (being information relating to the preceding financial year):\n\t(i)\tthe extent to which any outstanding recommendations have been implemented;\n\t(ii)\tif a decision was made to implement a particular recommendation that the government, or the Minister or Chief Executive, had previously indicated would not be implemented—the reasons for that decision and the manner in which the recommendation is to be implemented;\n\t(iii)\tif a decision was made not to implement a particular recommendation that the government, or the Minister or Chief Executive, had previously indicated would be implemented—the reasons for that decision; and\n\t(f)\tthe number, and general nature, of placements of children and young people under section 77; and\n\t(g)\tany other matter prescribed by the regulations for the purposes of this paragraph.\n\t(2)\tThe Minister must, as soon as is reasonably practicable after receipt of a report under this section, cause a copy of the report to be published on a website determined by the Minister.\n\t(3)\tThe Minister must, within 6 sitting days after receipt of a report under this section, cause a copy of the report to be laid before each House of Parliament.\n\t(4)\tThe requirements of this section are in addition to any other reporting obligation of the Chief Executive (however, a report under this section may be included in the annual report of the Chief Executive under the Public Sector Act 2009).\n","sortOrder":14},{"sectionNumber":"Part 12","sectionType":"part","heading":"Reviews of decisions under Act","content":"Chapter 12—Reviews of decisions under Act\nPart 1—Internal review\n157—Internal review\n\t(1)\tA person who is aggrieved by a decision of the Chief Executive or a child protection officer under this Act is entitled to a review of the decision under this section.\n\t(2)\tAn application for review—\n\t(b)\tmust be made within 30 days after the day on which notice of the decision was given to the applicant (or such longer time as the Chief Executive may allow).\n\t(3)\tOn an application for review under this section the Chief Executive may confirm, vary or reverse the decision under review.\n\t(4)\tThe regulations may make further provision in respect of a review under this section (including, to avoid doubt, by limiting the kinds of decisions that may be the subject of an application or review).\nPart 2—Review of decisions by South Australian Civil and Administrative Tribunal\n158—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tSubject to this section, the South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of the following decisions (reviewable decisions):\n\t(a)\ta decision of the Chief Executive under Chapter 7 (other than a decision under Part 4 of that Chapter);\n\t(b)\tany other decision under this Act declared by the regulations to be a reviewable decision.\n\t(2)\tHowever—\n\t(a)\ta decision referred to in subsection (1) that comprises a prescribed child protection complaint (within the meaning of section 28A of the Health and Community Services Complaints Act 2004) will be taken not to be a reviewable decision; and\n\t(b)\ta decision referred to in subsection (1) will only be taken to be a reviewable decision if a review under section 157 has been conducted in respect of the decision.\n\t(3)\tAn application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal by—\n\t(a)\tin the case of a decision under section 72, 99 or 105—the applicant in relation to the relevant decision; or\n\t(b)\tin the case of a decision under section 74, 100 or 106—the person, foster care agency or children's residential facility to which the relevant decision relates (as the case requires); or\n\t(c)\tin the case of any other decision—a person or persons prescribed by the regulations for the purposes of this paragraph.\n\t(4)\tAn application must be made within 28 days after the applicant receives notice of the results of the relevant review under section 157 (or such longer period as the Tribunal may allow).\n\t(5)\tHowever, the South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (4) if satisfied that—\n\t(a)\tspecial circumstances exist; and\n\t(b)\tanother party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n159—Views of child or young person may be heard\n\t(1)\tIn any proceedings under this Part, a child or young person to whom the proceedings relate must be given a reasonable opportunity to personally present to the South Australian Civil and Administrative Tribunal their views related to their ongoing care and protection.\n\t(2)\tHowever, subsection (1) does not apply if the South Australian Civil and Administrative Tribunal is satisfied that—\n\t(a)\tthe child or young person is not capable of doing so; or\n\t(b)\tto do so would not be in the best interests of the child or young person.\n\t(3)\tSubsection (1) applies whether or not the child or young person is represented by a legal practitioner in the proceedings.\n","sortOrder":15},{"sectionNumber":"Part 13","sectionType":"part","heading":"Miscellaneous","content":"Chapter 13—Miscellaneous\n160—Hindering or obstructing a person in execution of duty\nA person who hinders or obstructs the Chief Executive, a child protection officer or any other person in the performance of a function, or exercise of a power, under this Act is guilty of an offence.\n161—Payment of money to Chief Executive on behalf of child or young person\n\t(1)\tThe Chief Executive may receive money on behalf of a child or young person.\n\t(2)\tThe Chief Executive must cause any money received on behalf of a child or young person—\n\t(a)\tto be held by the Public Trustee on behalf of the child or young person in accordance with the scheme set out in the regulations; or\n\t(b)\tto be deposited in an ADI account in the name of the child or young person.\n\t(3)\tWithout limiting the regulations that may be made under subsection (2)(a), the regulations may make provisions relating to the transfer of money to the Public Trustee, interest payable on money held by the Public Trustee, and the application of money held by the Public Trustee, under this section.\n\t(5)\tAny money held on behalf of a child or young person pursuant to this section is payable to the child or young person on the Chief Executive ceasing to have any direct responsibility for the affairs of the child or young person.\n162—Restrictions on publication of certain information\n\t(1)\tA person must not publish a report of a family group conference, or of any statement made or thing done at a family group conference.\n\t(a)\tin the case of a natural person—$50 000; or\n\t(2)\tExcept as may be permitted under subsection (3), a person must not publish a report of proceedings before any court or tribunal in which a child or young person is alleged to be at risk or in need of care or protection if—\n\t(a)\tthe court or tribunal prohibits publication of any report of the proceedings; or\n\t(b)\tthe report—\n\t(i)\tidentifies, or contains information tending to identify, the child or young person; or\n\t(ii)\treveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any child or young person who is concerned in the proceedings, either as a party or a witness.\n\t(a)\tin the case of a natural person—$50 000; or\n\t(3)\tThe court or tribunal before which proceedings referred to in subsection (2) are heard may, on such conditions as it thinks fit, permit the publication of information or images that would otherwise be suppressed from publication under subsection (2)(b).\n163—Protection of identity of persons who report to or notify Department\n\t(1)\tA person who receives a report or notification that a child or young person may be at risk, or who otherwise becomes aware of the identity of a person who has made such a report or notification, must not disclose the identity of the person who made the report or notification to any other person unless the disclosure—\n\t(a)\tis made with the consent of the person who gave the notification; or\n\t(ab)\tis required or authorised by the Chief Executive or under this Act; or\n\t(b)\tis made by way of evidence adduced in accordance with subsections (2) and (3); or\n\t(c)\tis otherwise authorised by the regulations.\n\t(2)\tIn proceedings before a court or tribunal—\n\t(a)\tevidence that directly or indirectly discloses the identity of a person who made a report or notification referred to in subsection (1) cannot be adduced without the permission of the court or tribunal; and\n\t(b)\ta party or witness must not, without the permission of the court or tribunal, be asked, nor required to answer, any question that cannot be answered without directly or indirectly disclosing the identity of a person who made a report or notification referred to in subsection (1).\n\t(3)\tA court or tribunal cannot grant permission under subsection (2) unless—\n\t(a)\tthe court or tribunal is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or\n\t(b)\tthe person who made the relevant report or notification consents to the admission of the evidence in the proceedings.\n\t(4)\tAn application for permission under subsection (2)—\n\t(a)\tmust not, except as authorised by the court or tribunal, be heard and determined in public; and\n\t(b)\tmust be conducted in such a manner as to protect, so far as may be practicable, the identity of the person who made the relevant report or notification pending the determination of the application.\n164—Confidentiality\n\t(1)\tSubject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions or exercising powers under this Act 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 and young people; 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.\n165—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)\tHowever, causing 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.\n166—Protections, privileges and immunities\n\t(1)\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(2)\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(3)\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(4)\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.\n166A—Limitation on tortious liability for acts of certain children and young people\nNo liability in tort attaches to the Crown, the Minister, the Chief Executive or any employee of the Department in respect of an act or omission of a child or young person under the guardianship of the Chief Executive, or of whom the Chief Executive has custody under any Act, unless the act or omission occurs while the child or young person—\n\t(a)\tis acting as the servant or agent of the Chief Executive or employee of the Department; and\n\t(b)\tis acting within the scope of such employment or authority.\n167—Evidentiary provision\n\t(1)\tIn proceedings for an offence against this Act, an allegation in an information—\n\t(a)\tthat a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or\n\t(b)\tthat a prohibition notice had, or had not, been issued to a specified person; or\n\t(c)\tthat a specified person had, or had not, been issued with a specified unique identifier; or\n\t(d)\tthat a specified person was, or was not, a child protection officer at a specified time; or\n\t(e)\tthat a specified person was, or was not, an approved carer at a specified time; or\n\t(f)\tthat specified premises were, or were not, a licensed children's residential facility,\nmust be accepted as proved in the absence of evidence to the contrary.\nprohibition notice and unique identifier have the same meanings as in the Child Safety (Prohibited Persons) Act 2016.\n168—Service\nExcept where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; 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 other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n169—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed after the fourth, but before the fifth, anniversary of the commencement of this Act.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n169A—Independent inquiry into foster care and kinship care\n\t(1)\tThe Minister must cause an independent inquiry into foster care and kinship care in the State to be conducted, and a report of the inquiry to be prepared, in accordance with this section.\n\t(2)\tWithout limiting the matters that may be considered in the course of the inquiry, the inquiry—\n\t(a)\tmust review existing complaints mechanisms in the Department as they relate to foster care and kinship care, including consideration of—\n\t(i)\thow such complaints are processed by the Department; and\n\t(ii)\tthe independence of the complaints process; and\n\t(iii)\toutcomes and actions arising from such complaints; and\n\t(iv)\tthe extent to which outcomes and feedback relating to such complaints are communicated to foster carers and kinship carers; and\n\t(b)\tmust review the adequacy of existing consultation processes between the Department, other persons and bodies involved in foster care or kinship care, and foster carers and kinship carers; and\n\t(c)\tmust review the transparency and availability of documentation and information held by the Department and other persons and bodies involved in foster care or kinship care to foster carers and kinship carers (including care concerns and manuals of practice); and\n\t(d)\tmust consider the adequacy of internal procedures and arrangements within the Department and other persons and bodies involved in foster care or kinship care in ensuring that—\n\t(i)\tthere is a sound partnership between the Department, those persons and bodies and foster carers and kinship carers; and\n\t(ii)\tthe rights of children in foster care and kinship care (including their rights relating to safety, cultural identity, access to services and opportunities, autonomy and decision‑making) are respected, addressed and realised; and\n\t(e)\tmay make such recommendations for changes to matters affecting foster care or kinship care that the inquiry considers necessary or appropriate to improve outcomes for children and young people in foster care or kinship care, as well as foster carers and kinship carers (including, for example, the need for an independent, legislatively protected complaints system, changes to compliance procedures within the Department and any legislative changes needed to enable the recommendations to be implemented).\n\t(3)\tThe following provisions apply in relation to the inquiry:\n\t(a)\tthe inquiry must be conducted by a person who is independent of the Department and not involved in the administration, operation or enforcement of this Act;\n\t(b)\tthe inquiry must commence not later than 1 month after this section comes into operation;\n\t(c)\tthe inquiry must seek submissions from foster carers and kinship carers, and must have regard to any submissions made to the inquiry by such persons;\n\t(d)\tthe inquiry must be completed within 6 months after this section comes into operation.\n\t(4)\tOn completing the inquiry, the person conducting the inquiry must cause a report of the inquiry to be prepared, and a copy of the report provided to the Minister.\n\t(5)\tThe Minister must cause a copy of the report provided under subsection (4) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n170—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 or charges 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 consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(ca)\tmake provisions of a saving or transitional nature consequent on the commencement of the Child Safety (Prohibited Persons) Act 2016; 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 the Minister, the Chief Executive or any other 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.\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 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.\nRepeal of Act\nThe Children and Young People (Safety) Act 2017 will be repealed by Sch 2 cl 47 of the Children and Young People (Safety and Support) Act 2025.\nLegislation repealed by principal Act\nThe Children and Young People (Safety) Act 2017 repealed the following:\nChildren's Protection Act 1993\nLegislation amended by principal Act\nThe Children and Young People (Safety) Act 2017 amended the following:\nChildren's Protection Act 1993\nCriminal Law Consolidation Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Children and Young People (Safety) Act 2017 \n18.7.2017\n26.2.2018 immediately after s 60 of 64/2017 except ss 17, 18, 21 to 58, 60, 61, 67 to 77, 84 to 95, 97 to 110, 111, 112A, 113 to 115, 120 to 144, 147 to 152, 161, 163 & Sch 1 Pt 2 (cll 2(b) to (e), 2A (as enacted by s 60 of 64/2017)), Pt 3 (cll 3, 4)—22.10.2018 (Gazette 19.12.2017 p5118 as varied by Gazette 13.2.2018 p731)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 4 (s 34) & Pt 10 (ss 49 to 57, 59)—19.12.2017; Pt 4 (ss 22, 23, 26) & Pt 10 (s 60)—26.2.2018; Pt 4 (ss 24, 25, 27 to 33, 35 to 38) & Pt 10 (s 58)—22.10.2018 (Gazette 19.12.2017 p5119) \n Children and Young People (Safety) (Miscellaneous) Amendment Act 2018\n18.10.2018\nPt 2 (ss 4 to 14) & Sch 1 (cl 7)—22.10.2018 (Gazette 18.10.2018 p3821)\n Statutes Amendment (Recommendations of Independent Inquiry into Child Protection) Act 2021\n13.5.2021\nPt 3 (s 5)—2.8.2021 (Gazette 22.7.2021 p2857)\n Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021\n30.9.2021\nSch 1 (cl 1)—21.10.2021 (Gazette 21.10.2021 p3788)\n Children and Young People (Safety) (Inquiry into Foster and Kinship Care) Amendment Act 2021\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 3 (s 6)—22.6.2023 (Gazette 15.6.2023 p1774)\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cl 6)—1.1.2024: s 2\nCriminal Law Consolidation (Mental Competence) Amendment Act 2025\n27.3.2025\nSch 1 (cl 1)—14.7.2025 (Gazette 5.6.2025 p1385)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nCh 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\nCh 3\n\ns 16\n\ns 16(1)\n\nbusiness day\ndeleted by 39/2023 Sch 1 cl 6 \n1.1.2024\ns 16(2)\namended by 12/2025 Sch 1 cl 1\n14.7.2025\ns 18\n\ns 18(1)\namended by 17/2018 s 4\nCh 4\n\nCh 4 Pt 3\n\ns 28\n\ns 28(5)\n\nprescribed child or young person\namended by 64/2017 s 49\nCh 5\n\nCh 5 Pt 2\n\ns 32\n\ns 32(5)\ninserted by 64/2017 s 50\ns 33\n\ns 33(5)\ndeleted by 64/2017 s 51\nCh 5 Pt 3\n\ns 43\n\ns 43(1)\ns 43 redesignated as s 43(1) by 17/2018 s 5\ns 43(2)\ninserted by 17/2018 s 5\nCh 6\n\nCh 6 Pt 2\n\ns 53\n\ns 53(1a)—(1f)\ninserted by 64/2017 s 52\ns 59\n\ns 59(1a)\ninserted by 17/2018 s 6\nCh 7\n\nCh 7 Pt 2\n\ns 86\n\nheading\namended by 4/2023 s 6(1)\ns 86(1a)\ninserted by 4/2023 s 6(2)\ns 86(4)\namended by 14/2021 s 5\n2.8.2021\ns 86(4a)\ninserted by 4/2023 s 6(3)\ns 86(6)\ninserted by 4/2023 s 6(4)\nCh 7 Pt 3\n\ns 90\n\ns 90(3)\nsubstituted by 64/2017 s 53\n\ndeleted by 17/2018 s 7\ns 91\n\ns 91(2a)\ninserted by 17/2018 s 8\nCh 7 Pt 4\n\ns 92\n\ns 92(1)\ns 92 redesignated as s 92(1) by 17/2018 s 9\ns 92(2)\ninserted by 17/2018 s 9\ns 95\n\ns 95(1)\nsubstituted by 17/2018 s 10\nCh 7 Pt 7\n\ns 103\n\nchildren's residential facility\namended by 64/2017 s 54(1), (2)\nCh 7 Pt 7A\ninserted by 64/2017 s 55\nCh 7 Pt 9\n\ns 112A\ninserted by 64/2017 s 56\nCh 10\n\nCh 10 Pt 1\n\ns 121\n\ns 121(1)\n\nchild welfare law\namended by 17/2018 s 11\nCh 10 Pt 6\n\ns 142\namended by 17/2018 s 12(1)\ns 142(1)\ns 142 redesignated as s 142(1) by 17/2018 s 12(2)\ns 142(2)\ninserted by 17/2018 s 12(2)\nCh 11\n\nCh 11 Pt 3\n\ns 152\n\ns 152(1)\namended by 35/2021 Sch 1 cl 1\nCh 13\n\ns 161\n\ns 161(2) and (3)\nsubstituted by 17/2018 s 13\ns 161(4)\ndeleted by 17/2018 s 13\ns 163\n\ns 163(1)\namended by 64/2017 s 57(1), (2)\ns 166A\ninserted by 64/2017 s 58\ns 169A\ninserted by 55/2021 s 3\ns 170\n\ns 170(3)\namended by 64/2017 s 59\nSch 1 before omission\n\nPt 2\nsubstituted by 64/2017 s 60\n26.2.2018\ncl 2\namended by 17/2018 s 14\nSch 1\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017, Pt 4—Transitional provisions relating to Children and Young People (Safety) Act 2017\n22—Interpretation\n\t(1)\tSubject to this Part, and unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Safety) Act 2017 has the same meaning as in that Act.\n\t(2)\tIn this Part—\nrepealed Act means the Children's Protection Act 1993.\n23—References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc\n\t(1)\tFor the purposes of the Children and Young People (Safety) Act 2017, a reference in that Act to a working with children check will be taken to include a reference to an assessment of relevant history.\n\t(2)\tFor the purposes of section 72(3)(b)(i) of the Children and Young People (Safety) Act 2017, a reference in that subparagraph to having regard to the operation of the Child Safety (Prohibited Persons) Act 2016 will, to the extent that it includes having regard to the working with children check scheme, will be taken to include a reference to having regard to the operation of sections 8B and 8BA of the Children's Protection Act 1993 (as in force immediately before the commencement of this section).\n\t(3)\tFor the purposes of paragraph (b) of the definition of prescribed organisation in section 114(7) of the Children and Young People (Safety) Act 2017, a reference in that paragraph to persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to organisations to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this section.\n24—Chief Executive to be guardian of certain children and young people\n\t(1)\tThis section applies to a child or young person who was, immediately before the commencement of this section, under the guardianship of the Minister pursuant to an order of the Court under the repealed Act.\n\t(2)\tOn the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be under the guardianship of the Chief Executive.\n\t(3)\tA placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 of the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).\n\t(4)\tOn the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as guardian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.\n25—Chief Executive to have custody of certain children and young people\n\t(1)\tThis section applies to a child or young person who was, immediately before the commencement of this section, in the custody of the Minister pursuant to an order of the Court under the repealed Act.\n\t(2)\tSubject to this section, on the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be in the custody of the Chief Executive.\n\t(3)\tA placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).\n\t(4)\tOn the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as custodian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.\n26—Continuation of voluntary custody agreements\n\t(1)\tSubject to this section and the Children and Young People (Safety) Act 2017, a voluntary custody agreement under section 9 of the repealed Act in force immediately before the commencement of this section will continue in accordance with its terms (and the agreement will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a voluntary custody agreement under section 96 of that Act).\n\t(2)\tA reference in a voluntary custody agreement continued under this section to the Minister will be taken to be a reference to the Chief Executive.\n27—Continuation of approved foster parents as approved carers\n\t(1)\tSubject to this section, a person who was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972 will be taken to be an approved carer under the Children and Young People (Safety) Act 2017 (and the approval of the person will be taken to have been granted under section 72 of that Act).\n\t(2)\tA permission of the Chief Executive Officer under section 43(3) of the Family and Community Services Act 1972 relating to the number of foster children that a foster parent referred to in subsection (1) is permitted to have in their care will be taken to continue to apply to the approved carer according to its terms.\n\t(3)\tThe approval of a person as an approved carer under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the person's approval immediately before the commencement of this section.\n28—Continuation of licensed foster care agencies\n\t(1)\tA licence of a person as a foster care agency granted under section 48 of the Family and Community Services Act 1972 and in force immediately before the commencement of this section—\n\t(a)\twill, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to carry on a foster care agency under that Act; and\n\t(b)\twill be taken to have been granted under section 99 of that Act.\n\t(2)\tA licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.\n\t(3)\tA record that was, pursuant to section 50 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 101(2) of the Children and Young People (Safety) Act 2017, be taken to be records required to be kept under that subsection.\n29—Continuation of licence to maintain children's residential facilities\n\t(1)\tA licence to maintain a children's residential facility granted under section 51 of the Family and Community Services Act 1972 (being a licence in force immediately before the commencement of this section)—\n\t(a)\twill, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to operate a children's residential facility under that Act; and\n\t(b)\twill be taken to have been granted under section 105 of that Act.\n\t(2)\tA licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.\n\t(3)\tA register that was, pursuant to section 53 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 108(2) of the Children and Young People (Safety) Act 2017, be taken to be a record required to be kept under that subsection.\n30—Notifications of abuse or neglect and investigations etc under repealed Act to continue\n\t(1)\tA notification made under section 11 of the repealed Act that a person suspects that a child has been or is being abused or neglected will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a report made by the person under section 31 of that Act.\n\t(2)\tAn investigation under section 19 of the repealed Act that was commenced but not completed before the commencement of this section will be taken to continue as an investigation of the relevant kind under Chapter 5 Part 2 of the Children and Young People (Safety) Act 2017 (and, to avoid doubt, the Chief Executive may exercise the powers of investigation or direction under that Part accordingly).\n31—Continuation of family care meetings under repealed Act\n\t(1)\tSubject to this section, a family care meeting convened under Part 5 of the repealed Act before the commencement of this section will continue as a family group conference convened under Chapter 4 Part 2 of the Children and Young People (Safety) Act 2017.\n\t(2)\tA family group conference as continued under this section will, subject to the Children and Young People (Safety) Act 2017, consist of the same persons as the original family care meeting.\n\t(3)\tThe procedures applicable to a family care meeting continued under this section will, subject to the Children and Young People (Safety) Act 2017, be taken to apply to the family group conference.\n32—Orders relating to access to child or young person to continue as determination of Chief Executive\n\t(1)\tAn order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (being an order relating to access to a specified child (however described)) is, by force of this section, revoked.\n\t(2)\tThe Chief Executive will, in respect of each child or young person to whom an order revoked under subsection (1) relates, be taken to have made a determination under section 93 of the Children and Young People (Safety) Act 2017 in such terms as to give continuing effect to the terms of the revoked order (and the determination will, for the purposes of that Act, be taken to be a determination under section 93 of that Act).\n33—Continuation of certain delegations under Family and Community Services Act 1972\n\t(1)\tA delegation by the Minister or the Chief Executive under section 8 of the Family and Community Services Act 1972 relating to a matter that is the subject of the Children and Young People (Safety) Act 2017 and that is in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Minister or Chief Executive (as the case requires) of the relevant powers under section 146 of that Act).\n\t(2)\tA delegation by the Minister under section 80 of the Family and Community Services Act 1972 in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Chief Executive of the relevant powers under section 76 of that Act).\n34—References to Families SA\nOn the commencement of this section, a reference in any Act, or any order or other instrument or document, to Families SA will, for all purposes, be taken to be a reference to the Department.\n35—Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people\nFor the purposes of Chapter 7 Part 8 of the Children and Young People (Safety) Act 2017, a child or young person whose guardianship or custody arrangements are continued under this Part will be taken to be a child or young person placed in the guardianship or custody of a person under that Act.\n36—Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to in relation to prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section.\n\t(2)\tThe prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to be a policy or policies prepared or adopted by the organisation in accordance with section 114(1) of that Act.\n\t(3)\tAn organisation to which section 8C of the repealed Act applied immediately before the commencement of this section (being an organisation that has complied with the requirements under section 8C(3) of the repealed Act) will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to have complied with the requirements of section 114(3) of that Act.\nprescribed policies and procedures means policies and procedures put in place by an organisation in accordance with section 8C of the repealed Act and in force immediately before the commencement of this section.\n37—Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to a person who was, immediately before the commencement of this section—\n\t(a)\tcaring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and\n\t(b)\tthe subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children.\n\t(2)\tA person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.\n\t(3)\tIt is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of a specified child or young person (including, to avoid doubt, a direction requiring the person to submit to a working with children check).\n\t(4)\tThe Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.\n\t(5)\tThe Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.\n\t(6)\tAn approval under this section will remain in force until—\n\t(a)\tthe end of the transitional period; or\n\t(b)\tthe approval is cancelled under subsection (7),\nwhichever occurs first.\n\t(7)\tHowever, the approval of a person under this section is, by force of this section, cancelled if—\n\t(a)\tthe person becomes a prohibited person; or\n\t(b)\tthe approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or\n\t(c)\tthe person refuses or fails to comply with a direction under subsection (3); or\n\t(d)\tthe person contravenes a condition under subsection (4).\n\t(8)\tFor the purposes of this section, a reference to the Department will be taken to include a reference to an administrative unit of the Public Service that was, at the relevant time, assisting a Minister in the administration of the repealed Act.\n38—Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to a person or body, or a person or body of a class, prescribed by the Chief Executive by notice in the Gazette.\n\t(2)\tA person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.\n\t(3)\tIt is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of children or young people (including, to avoid doubt, a direction requiring the person to submit to a working with children check).\n\t(4)\tThe Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.\n\t(5)\tThe Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.\n\t(6)\tAn approval under this section will remain in force until—\n\t(a)\tthe end of the transitional period; or\n\t(b)\tthe approval is cancelled under subsection (7),\nwhichever occurs first.\n\t(7)\tHowever, the approval of a person under this section is, by force of this section, cancelled if—\n\t(a)\tthe person becomes a prohibited person; or\n\t(b)\tthe approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or\n\t(c)\tthe person refuses or fails to comply with a direction under subsection (3); or\n\t(d)\tthe person contravenes a condition under subsection (4).\nChildren and Young People (Safety) (Miscellaneous) Amendment Act 2018, Sch 1 Pt 2—Transitional provisions etc\n7—Moneys held on behalf of child or young person\n\t(1)\tThis clause applies to money received pursuant to section 84 of the Family and Community Services Act 1972, or section 161 of the Children and Young People (Safety) Act 2017 (as in force before the commencement of section 13 of this Act), that is being held on behalf of a child or young person, regardless of where the money is being held.\n\t(2)\tAny money to which this clause applies will, on the commencement of this clause, be taken to be money received by the Chief Executive pursuant to section 161 of the Children and Young People (Safety) Act 2017 (as amended by section 13 of this Act) and is to be dealt with in accordance with that section.\n\t(3)\tIn this clause—\nChief Executive has the same meaning as in the Children and Young People (Safety) Act 2017.\nHistorical versions\n\n26.2.2018\n\n2.8.2021\n\n1.1.2024\n\n","sortOrder":16}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent as the legislative text was not retrievable. No analysis of amendments or scope drift can be performed from the data provided."},"complexity_factors":["Source text was not retrievable — a 'Page Not Found' error was returned instead of legislative content","The Act itself (from general knowledge) is a lengthy and technically complex piece of legislation covering multiple intersecting areas: child welfare, family law, administrative law, and criminal obligations","Mandatory reporting obligations create complex duty-of-care questions for a wide range of professions","Interaction with federal family law (Family Law Act 1975) adds jurisdictional complexity","Definitions of key terms like 'harm', 'at risk', and 'best interests of the child' require careful legal interpretation","Multiple tiers of decision-making authority (frontline workers, courts, guardianship bodies) create procedural complexity","Frequent amendments since 2017 mean the current version may differ significantly from the original"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of South Australia's **Children and Young People (Safety) Act 2017** could not be retrieved — the legislation website returned a 'Page Not Found' error, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we know about this Act (from general knowledge):\nThis is South Australia's primary child protection law. In plain terms, it:\n\n- **Sets out when and how the government can intervene** to protect children and young people who are at risk of harm, abuse, or neglect\n- **Establishes mandatory reporting** — meaning certain professionals (teachers, doctors, police, etc.) are legally required to report suspected child abuse to authorities\n- **Defines the powers of child protection workers** (like the ability to remove a child from a dangerous home situation)\n- **Creates processes for care and guardianship** of children who cannot safely live with their families\n- **Affects parents, carers, foster carers, educators, health workers, and government agencies** across South Australia\n\n### Who does it affect?\nPractically everyone who works with or cares for children in SA — and families where child safety concerns arise.\n\n> ⚠️ *This summary is based on general knowledge of the Act, not the retrieved text. Always verify current provisions at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) or consult a lawyer.*"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act replaced the earlier Children's Protection Act 1993 and significantly expanded the state's role. It introduced new regulatory frameworks for foster care agencies and residential facilities (licensing, approvals, ongoing assessments), created a Charter of Rights for children in care, established a Child and Young Person's Visitor scheme, and added extensive information-sharing and cross-jurisdictional transfer provisions. The scope broadened from primarily responding to abuse to also proactively managing the care system, licensing providers, and ensuring oversight—transforming it into a comprehensive regulatory regime beyond its original protective focus."},"complexity_factors":["170 sections across 13 chapters and many parts","Large number of defined terms (over 30 in section 16 alone, plus many in other parts)","Extensive cross-referencing within the Act and to other legislation","Nested conditions and exceptions (e.g., reporting obligations with multiple exemptions)","Detailed placement principles with priority hierarchies (e.g., Aboriginal and Torres Strait Islander Child Placement Principle)","Complex licensing regimes for foster care agencies and residential facilities","Multiple review and appeal mechanisms (internal review, SACAT, court reviews)","Inter-jurisdictional transfer provisions (Chapter 10) with detailed consent and registration requirements","Numerous regulation-making powers that add further complexity","Long history of amendments (legislative history shows many changes)"],"plain_english_summary":"This South Australian law sets out the system for protecting children and young people (under 18) from harm and abuse. It creates a framework where certain professionals (like teachers, doctors, and police) must report suspected abuse. The state's department can investigate, arrange family meetings to decide care, and, if necessary, remove a child from danger. The Youth Court can make orders such as placing a child under state guardianship or custody, or awarding custody to a family member. The law also regulates foster carers and children's residential facilities through licensing and supervision. It includes principles for placing Aboriginal and Torres Strait Islander children with connections to their culture. There are also provisions for contact arrangements, transition to long-term care, and assistance for young people leaving care. The Chief Executive (head of the department) has broad powers to manage cases, but decisions can be reviewed internally or by the South Australian Civil and Administrative Tribunal (SACAT). The law requires certain organisations to have child safety policies and establishes a Child and Young Person's Visitor to inspect facilities and advocate for children. Overall, it aims to intervene early to protect children while trying to keep families together when safe."},"kimi_summary":{"_metrics":{"completionTokens":809},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in the long title: to protect children from harm, provide for those in care, and related purposes. The comprehensive scope covering reporting, investigation, removal, court orders, care arrangements, and oversight reflects the intended breadth of a modern child protection statute. The 2018 and subsequent amendments appear to be refinements and implementations of recommendations rather than scope expansion."},"complexity_factors":["170 sections across 13 chapters with extensive cross-referencing between Parts","47 defined terms in the interpretation section (s16), many referring to other legislation","Multiple nested exceptions and conditional powers (e.g., removal powers in s41 subject to prior approval requirements with their own exceptions)","Complex Aboriginal and Torres Strait Islander Child Placement Principle with hierarchical placement priorities and consultation requirements (s12)","Detailed procedural requirements for family group conferences with 11 categories of attendees and multiple conditions (ss22-27)","Extensive licensing and regulatory framework for foster care agencies and residential facilities with overlapping compliance obligations","Interstate transfer provisions with dual pathways (administrative and judicial) and complex consent requirements","Multiple review mechanisms: internal review, tribunal review, and Contact Arrangements Review Panel with different procedures and time limits","Substantial transitional provisions preserving arrangements from repealed legislation","Heavy reliance on regulations for operational detail, with 30+ sections explicitly deferring to regulations"],"plain_english_summary":"This is South Australia's main child protection law, which sets out how the state protects children and young people from harm and cares for those who can't live with their families.\n\n**What it does:**\n\n- **Establishes who must report concerns**: Doctors, nurses, teachers, police, social workers, ministers of religion and others working with children must report if they reasonably suspect a child is \"at risk\" (suffered or likely to suffer harm, abandoned, persistently absent from school, or facing risks like forced marriage or female genital mutilation).\n\n- **Creates powers to investigate and intervene**: The Chief Executive of the Department can assess reports, investigate, direct medical examinations, and in urgent cases, child protection officers can remove children from dangerous situations using reasonable force if necessary.\n\n- **Provides for family group conferences**: Before going to court, families can meet to make voluntary care arrangements, with decisions recorded in a case plan.\n\n- **Allows court orders**: The Youth Court can make various orders including placing children under the Chief Executive's guardianship, granting custody to family members or approved carers, requiring parents to undergo drug/alcohol or parenting assessments, or restraining certain people from contact.\n\n- **Regulates foster and residential care**: Establishes a system of \"approved carers\" (foster and kinship carers), licensed foster care agencies, and licensed children's residential facilities, with requirements for working with children checks, training, and ongoing monitoring.\n\n- **Protects Aboriginal and Torres Strait Islander children**: Includes a specific placement principle prioritising placement with family, community members, or culturally appropriate carers, and requiring consultation with Aboriginal organisations.\n\n- **Creates oversight mechanisms**: Establishes a Charter of Rights for children in care, a Child and Young Person's Visitor to inspect facilities, and requires annual reporting on outcomes for Aboriginal children and other key metrics.\n\n- **Enables interstate transfers**: Allows child protection orders and proceedings to be transferred between South Australia and other states/territories/New Zealand.\n\n**Who it affects:**\nChildren under 18, their families, mandatory reporters, foster and kinship carers, residential care providers, and government agencies involved in child protection.\n\n**Why it matters:**\nThis is the legal framework that determines when the state can intervene in family life, how children are cared for when removed from home, and what safeguards exist to protect their rights and wellbeing."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-safety-act-2017","history":"/api/acts/children-and-young-people-safety-act-2017/history","analysis":"/api/acts/children-and-young-people-safety-act-2017/analysis","conflicts":"/api/acts/children-and-young-people-safety-act-2017/conflicts","importantCases":"/api/acts/children-and-young-people-safety-act-2017/important-cases","documents":"/api/acts/children-and-young-people-safety-act-2017/documents"}}