{"id":"children-and-young-people-safety-and-support-act-2025","name":"Children and Young People (Safety and Support) Act 2025","slug":"children-and-young-people-safety-and-support-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31755,"registerId":"sa-children-and-young-people-safety-and-support-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Children and Young People (Safety and Support) Act 2025.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or a provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act—\nAboriginal and Torres Strait Islander family‑led decision making, in relation to Aboriginal and Torres Strait Islander children and young people—see section 51;\nAboriginal person means a person who—\n\t(a)\tis of Aboriginal descent; and\n\t(b)\tregards themselves as Aboriginal (or, in the case of a child or young person, is regarded as Aboriginal by a member of their family or community); and\n\t(c)\tis accepted as Aboriginal by the relevant Aboriginal community;\nSee also section 48.\nactive efforts, principle of active efforts or standard of active efforts—see section 12;\nadministrative unit has the same meaning as in the Public Sector Act 2009;\napproved carer means—\n\t(a)\ta person who is the subject of an approval under section 151 that is in force; or\n\t(b)\tany other person, or person of a class, prescribed by the regulations;\nassessment order means an assessment order under section 115;\nat risk of harm and at risk of significant harm—see section 5;\nbest interests or best interests principle—see section 11;\ncase plan, in relation to a child or young person, means a case plan prepared under section 133, as in force from time to time;\nCharter of Rights for Children and Young People in Care or Charter means the Charter of Rights for Children and Young People in Care prepared under section 15, as in force from time to time;\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 section 35;\nchild or young person means a person who is under 18 years of age;\nchild protection officer—see section 31;\nCommissioner for Aboriginal Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016;\nCommissioner for Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016;\nComplaints and Feedback Management Guidelines means the Complaints and Feedback Management Guidelines published by the Chief Executive under section 30;\ncontact arrangements means contact arrangements determined under Part 12 Division 3, as in force from time to time;\nContact Arrangements Review Panel means the Contact Arrangements Review Panel established by the Minister under section 144;\nCourt means the Youth Court of South Australia;\ncumulative harm means harm that arises from repeated or persistent instances of abuse, neglect or other forms of maltreatment, or by an accumulation of multiple different experiences of abuse, neglect or other forms of maltreatment;\ndelegated decision maker, for an Aboriginal or Torres Strait Islander child or young person, means a recognised Aboriginal or Torres Strait Islander entity to whom the Chief Executive has delegated functions under section 54 in respect of the child or young person;\nDepartment means the administrative unit of the Public Service specified by the Minister by notice in the Gazette for the purposes of this definition;\neffective intervention or principle of effective intervention—see section 13;\nfamily—\n\t(a)\tin relation to any child or young person—includes—\n\t(i)\tthe child or young person's extended family; and\n\t(ii)\tmembers of the child or young person's family who are not biologically related to the child or young person; and\n\t(b)\tin relation to an Aboriginal or Torres Strait Islander child or young person—includes any person regarded as a member of the family of the child or young person in accordance with Aboriginal or Torres Strait Islander concepts of family, including extended family structures and kinship systems based on practice and custom;\nfamily group conference means a family group conference convened—\n\t(a)\tby the Chief Executive under section 98; or\n\t(b)\tby the Court under section 114;\nFamily Group Conference Guidelines means the Family Group Conference Guidelines published by the Chief Executive under section 97;\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;\nGuardian for Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016;\nharm—see section 4;\nin care—a child or young person is in care if they are in the custody, or under the guardianship, of the Chief Executive or another person (not being a parent of the child or young person) under this Act or a repealed Act (other than where a child or young person is under the guardianship of a person in accordance with a specified person guardianship order or a corresponding order under a repealed Act);\ninstrument of guardianship means an instrument of guardianship issued under section 91;\ninteragency practice review panel, in respect of an adverse incident, means an interagency practice review panel established under Part 18 to review and report on the adverse incident;\nleaving care plan for a child or young person—see section 173;\nlegal practitioner 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 section 164;\nlicensed foster care agency means a foster care agency carried on pursuant to a licence that is in force under section 158;\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 and has done so for a significant length of time;\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;\nquality of care report means a report of a suspicion that—\n\t(a)\ta child or young person has suffered harm or is at risk of suffering harm; and\n\t(b)\tthe child or young person was in care at the time of the suspected harm or risk of harm; and\n\t(c)\tthe person alleged to have caused the suspected harm or risk of harm was—\n\t(i)\tan approved carer, or an adult person residing in the home of an approved carer; or\n\t(ii)\ta person with whom a child or young person is placed under section 135; or\n\t(iii)\ta person employed in a licensed children’s residential facility or a State residential care facility; or\n\t(iv)\tan employee or volunteer of the Department providing direct care to the child or young person; or\n\t(v)\tany other person, or person of a class, prescribed by the regulations;\nQuality of Care Report Guidelines—see section 29;\nrecognised Aboriginal or Torres Strait Islander entity means an Aboriginal or Torres Strait Islander entity recognised under section 53;\nrecognised peak body, in relation to a particular section of the community, means an entity from time to time recognised as the recognised peak body for that section of the community under section 38;\nrepealed Act means the Children and Young People (Safety) Act 2017 or the Children's Protection Act 1993;\nrestraining notice means a restraining notice issued under section 92;\nreunification or reunified, in relation to a child or young person, means reunification of the child or young person and a parent or parents of the child or young person;\nsignificant harm—see section 4;\nspecified person guardianship order means—\n\t(a)\tan order made by the Court under section 116(1)(h); or\n\t(b)\tan order made by the Court under section 128;\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\ta public sector agency (within the meaning of the Public Sector Act 2009); or\n\t(c)\tSouth Australia Police; or\n\t(d)\ta local council; 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, or person or body of a class, prescribed by the regulations,\nbut does not include a person or body prescribed by the regulations to be excluded from the ambit of this definition;\nState care placement, in relation to a child or young person, means the placement of the child or young person with a person, or in a place, by the Chief Executive under Part 12 Division 1;\nStatement of Commitment to Children and Young People in Contact with Child Protection and Family Support System means the Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System prepared under section 17, as in force from time to time;\nStatement of Commitment to Foster and Kinship Carers means the Statement of Commitment to Foster and Kinship Carers prepared under section 19, as in force from time to time;\nStatement of Commitment to Parents and Families means the Statement of Commitment to Parents and Families prepared under section 18, as in force from time to time;\nState residential care facility means a residential care facility established by the Minister under section 167, a repealed Act or the Family and Community Services Act 1972;\nState Strategy for the Safety and Support of Children and Young People or State Strategy means the State Strategy for the Safety and Support of Children and Young People prepared under Part 5, as in force from time to time;\nTorres Strait Islander person means a person who—\n\t(a)\tis of Torres Strait Islander descent; and\n\t(b)\tregards themselves as Torres Strait Islander (or, in the case of a child or young person, is regarded as Torres Strait Islander by a member of their family or community); and\n\t(c)\tis accepted as Torres Strait Islander by the relevant Torres Strait Islander community;\nSee also section 48.\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 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.\n\t(3)\tFor the purposes of this Act, a reference to the Chief Executive of a State authority will be taken to include a reference to the person for the time being holding or acting in the office of Chief Executive, or any other person who is responsible for the management of the State authority (however described).\n\t(4)\tFor the purposes of this Act, a reference to a foster care agency will be taken not to include a reference to the Chief Executive.\n\t(5)\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 guilty of the offence, 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(6)\tFor the purposes of this Act, a reference to a child or young person being removed will be taken to include a reference to a custody notice being issued in relation to the child or young person under section 87.\n\t(7)\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.\n4—Meaning of harm and significant 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 or exposure to domestic violence.\n\t(2)\tFor the purposes of this Act, a reference to significant harm will be taken to be a reference to the following kinds of harm:\n\t(a)\tharm that endangers a child or young person's life;\n\t(b)\tharm that consists of, or results in, serious impairment of the physical or psychological wellbeing of a child or young person;\n\t(c)\tharm that results in, or is reasonably likely to result in, a significant adverse impact on the safety or wellbeing of a child or young person.\npsychological harm does not include emotional reactions such as distress, grief, fear or anger that are a response to the ordinary vicissitudes of life.\n5—Meaning of at risk of harm and at risk of significant harm\n\t(1)\tFor the purposes of this Act, a child or young person will be taken to be at risk of harm 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).\n\t(2)\tFor the purposes of this Act, a child or young person will be taken to be at risk of significant harm if—\n\t(a)\tthe child or young person has suffered significant harm (being significant 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 significant harm (being significant 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 female genital mutilation or any other medical or other procedure that would be unlawful if performed in this State; 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 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)\tany other circumstances of a kind prescribed by the regulations exist in relation to the child or young person.\n\t(3)\tTo avoid doubt, a child or young person will not be taken to be at risk of harm merely because a parent or guardian of the child or young person has a disability.\n\t(4)\tIt is immaterial for the purposes of this Act that any harm or other conduct contemplated by this section took place wholly or partly outside this State.\n\t(5)\tIn determining whether a child or young person is likely to suffer harm or significant harm (as the case may be), regard must be had to not only the current circumstances of the child or young person, but also the impact that cumulative harm is likely to have on the child or young person.\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(7)\tA medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality.\n6—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.\n7—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 guiding principles and related matters set out in Part 2.\n\t(2)\tThis Act is in addition to, and does not derogate from, any other Act or law.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Guiding principles and related matters","content":"Part 2—Guiding principles and related matters\n8—Requirement to give effect to this Part and Part 4 Division 3\n\t(1)\tEach person or body engaged in the administration, operation or enforcement of this Act (including, to avoid doubt, the Court and a delegated decision maker) must perform their functions so as to give effect to and further the guiding principles and related matters set out in—\n\t(a)\tthis Part; and\n\t(b)\tin the case of a function relating to an Aboriginal or Torres Strait Islander child or young person—Part 4 Division 3.\nSee also section 45(2).\n\t(2)\tHowever, a failure to comply with subsection (1) does not, of itself, affect the validity of an act or omission under this Act.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Parliamentary recognition of children and young people","content":"Division 2—Parliamentary recognition of children and young people\n9—Parliamentary recognition of children and young people\n\t(1)\tThe Parliament of South Australia recognises 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 full sense of wellbeing;\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 recognises that children and young people can reasonably expect to be loved by their families and treated with respect and dignity by those with whom they interact.\n\t(4)\tThe 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 subsection (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.\n\t(5)\tThe Parliament of South Australia recognises that the provision of services to children and young people and their families that address the underlying risk factors that contribute to child abuse and neglect are critical in preventing children and young people from being in care.\n\t(6)\tThe Parliament of South Australia recognises—\n\t(a)\tthe impact of laws and policies of past governments that led to the Stolen Generations (being the removal of Aboriginal and Torres Strait Islander children and young people from their families and communities) and that such laws and policies continue to have a strong impact on Aboriginal and Torres Strait Islander communities today; and\n\t(b)\tthat the State has a responsibility to implement measures to safeguard and promote the cultural identity of Aboriginal and Torres Strait Islander children and young people and enable Aboriginal and Torres Strait Islander self-determination by ensuring connections to family, community, culture and Country are maintained at the highest level, and that decisions are made in partnership with Aboriginal and Torres Strait Islander children and young people and their families and communities.\n\t(7)\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.\n\t(8)\tThe Parliament of South Australia recognises the UN Convention on the Rights of the Child and the UN Declaration on the Rights of Indigenous Peoples as documents that inform the administration and operation of this Act.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Guiding principles","content":"Division 3—Guiding principles\n10—Safety principle\nIt is a principle of this Act (the safety principle) that children and young people are to be kept safe and protected from harm (and, despite any other provision of this Act, the safety of the child or young person must always be the priority in determining whether or not to remove a child or young person under section 87(1)).\n11—Best interests principle\n\t(1)\tIt is a principle of this Act (the best interests principle) that the best interests of each child and young person are to be upheld and effected in all decision making under this Act (and a reference in this Act to a particular decision being in the best interests of a child or young person will be taken to be a reference to the decision being made in accordance with the best interests principle).\n\t(2)\tIn determining whether a decision or action is in the best interests of a child or young person, the need to keep them safe from harm and the risk of harm, to protect their rights and to promote their development (taking into account their age and stage of development) must always be considered.\n\t(3)\tIn addition to subsections (1) and (2), in determining what decision to make or action to take in the best interests of a child or young person, consideration must be given to the following, where they are relevant to the decision or action:\n\t(a)\tthe need to support the child or young person's family to ensure the child or young person's safety and wellbeing within their family and community;\n\t(b)\tthe desirability of the child or young person's family having primary responsibility for the child or young person's upbringing, protection and development;\n\t(c)\tthe emotional, social and psychological needs of the child or young person, including—\n\t(i)\tthe need to be heard and have their views considered; and\n\t(ii)\tthe need for love and attachment; and\n\t(iii)\tthe need for the child or young person to be given the opportunity to achieve their full potential;\n\t(d)\tthe need to strengthen, preserve and promote positive relationships between the child or young person and their parents, family members and other persons significant to them;\n\t(e)\tif the child or young person is able to form their own views on a matter concerning their care—the need to support them to express those views freely in accordance with the developmental capacity of the child or young person and the circumstances, and for those views to be given due weight;\n\t(f)\tthe effects of cumulative harm on the child or young person's safety and development;\n\t(g)\tthe desirability of continuity and permanency in the child or young person's care;\n\t(h)\tthe desirability of making decisions as expeditiously as possible and the possible harmful effect of delay in making a decision or taking an action;\n\t(i)\ta child or young person is only to be removed from the care of their parents in accordance with section 87 or an order of the Court;\n\t(j)\tif the child or young person is removed from the care of a person—the need to place the child or young person in a safe, nurturing, stable and secure environment;\n\t(k)\tthe desirability, when a child or young person is removed from the care of their parent, to assess the reunification of the child or young person with their parent;\n\t(l)\tcontact arrangements between the child or young person and their parents, siblings, family members and other persons significant to them;\n\t(m)\tin respect of case planning for the child or young person—\n\t(i)\tthe desirability of placing, so far as may be appropriate, the child or young person with the following persons in the following order:\n\t(A)\ta person who is a member of the child or young person's family (including the child or young person's siblings);\n\t(B)\ta person with whom the child or young person has an existing relationship;\n\t(C)\ta person who is willing and able to encourage and support the child or young person to develop and maintain contact with the child or young person's parents, siblings and other family members, and with other people who are significant to the child or young person (subject to any decisions made under this Act in relation to such contact); and\n\t(ii)\tthe desirability of siblings being placed together when they are placed in care; and\n\t(iii)\tthe desirability of connection between the child or young person and their family being maintained;\n\t(n)\tif the child or young person has been removed from their parents or family—the need to ensure that they have the ability to know, explore and maintain their identity and values, including those relating to their culture, language or religion;\n\t(o)\tif the child or young person has a disability—the need to ensure that the child or young person is treated in a way that preserves their identity and respects their developing capacity;\n\t(p)\tif a child or young person with a particular cultural identity is placed in care with a person who is not a member of that cultural community—the desirability of the child or young person retaining a connection with their culture;\n\t(q)\tthe desirability of using family group conferences to make informed decisions as to the arrangements for the care of the child or young person;\n\t(r)\tthe desirability of a child or young person being supported to gain access to appropriate educational services, health services and accommodation and to participate in appropriate social opportunities;\n\t(s)\tthe desirability of allowing the education, training or employment of the child or young person to continue without interruption or disturbance;\n\t(t)\tany other relevant consideration.\n\t(4)\tIn considering what is in the best interests of a particular Aboriginal or Torres Strait Islander child or young person, regard should also be given to the matters set out in section 52.\n12—Principle of active efforts and standard of active efforts\n\t(1)\tEach person or body involved in the operation and administration of this Act must act in accordance with the principle of active efforts in performing functions under this Act.\n\t(2)\tFor the purposes of this Act, the principle set out in this section constitutes the principle of active efforts (and a reference to a person or body making active efforts will be taken to be a reference to the person or body acting in accordance with that principle).\n\t(3)\tUnder the principle of active efforts, active efforts must—\n\t(a)\tbe timely; and\n\t(b)\tbe practicable, thorough and purposeful; and\n\t(c)\taddress the grounds on which a child or young person is considered to be at risk of harm; and\n\t(d)\tconducted, to the greatest extent possible, in partnership with the child or young person and the family, kin and community of the child or young person; and\n\t(e)\tbe culturally appropriate; and\n\t(f)\tcomply with any other requirements prescribed by the regulations.\n\t(4)\tWithout limiting a preceding subsection, active efforts include—\n\t(a)\tassisting with access to support services and other resources; and\n\t(b)\tif appropriate services or resources do not exist or are not available—considering alternative ways of addressing the relevant needs of the child or young person and their family, kin or community; and\n\t(c)\tactivities directed at finding and contacting the family, kin and community of the child or young person.\n\t(5)\tThe requirements under this section do not limit any other ways in which active efforts can be made when making a decision under this Act.\n\t(6)\tFor the purposes of this Act, a reference to something being done to the standard of active efforts will be taken to be a reference to it being done in a way that accords with the principle of active efforts.\n13—Principle of effective intervention\nIt is a principle of this Act (the principle of effective intervention) that decisions made, actions taken and support offered under this Act relating to a particular child or young person should be timely, direct and fit for purpose given the circumstances of the child or young person.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Voices of children and young people to be heard","content":"Division 4—Voices of children and young people to be heard\n14—Voices of children and young people to be heard\n\t(1)\tSubject to this Act, each person or body involved in the operation and administration of this Act must take reasonable steps to ensure that—\n\t(a)\tthe voice of a child or young person is heard in the course of making a prescribed decision that affects the child or young person; and\n\t(b)\tthe child or young person is provided with such information or documents (being information or documents in the possession of the person or body) as may be reasonably necessary to inform the child or young person's views in relation to the prescribed decision.\n\t(2)\tWithout otherwise limiting subsection (1), a person or body referred to in that subsection must—\n\t(a)\toffer the child or young person a reasonable opportunity to present their views in person to the decision maker; and\n\t(b)\tif the child or young person wishes to present their views in person, take reasonable steps to facilitate that prior to the prescribed decision being made.\n\t(3)\tThe requirements set out in subsection (1) do not apply to the Court or SACAT.\nSee sections 111 and 204 for provisions about voices of children and young people being heard in Court and SACAT proceedings.\n\t(4)\tWithout limiting the ways in which the voice of a child or young person may be heard, a child or young person's views may be presented—\n\t(a)\tin the absence of any particular person; or\n\t(b)\twith the accompaniment of a support person nominated by the child or young person; or\n\t(c)\tin person, in writing or by audio or audiovisual recording.\n\t(5)\tHowever, a person or body need not comply with this section if the person or body determines that the developmental capacity of the child or young person is such that compliance with this section would be inappropriate.\n\t(6)\tThis section applies whether or not the child or young person is represented by a legal practitioner.\n\t(7)\tNothing in this section requires a child or young person to participate in a particular decision if they express a desire to not do so.\nprescribed decision that affects a child or young person, means—\n\t(a)\ta decision relating to, or made at, a family group conference relating to the arrangements for the care of the child or young person; or\n\t(b)\ta decision relating to the preparation or review of a case plan for the child or young person under section 133; or\n\t(c)\ta decision relating to the placement of the child or young person with an approved carer or other person under Part 12 Division 1; or\n\t(d)\ta decision relating to the contact arrangements for the child or young person under Part 12 Division 3; or\n\t(e)\ta decision relating to a review of the child or young person's circumstances under section 146; or\n\t(f)\ta decision relating to the preparation of a leaving care plan for the child or young person under section 173; or\n\t(g)\ta decision relating to an internal review under section 202; or\n\t(h)\tany other decision, or a decision of a class, prescribed by the regulations.\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Charter of Rights for Children and Young People in Care","content":"Division 5—Charter of Rights for Children and Young People in Care\n15—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 must review the Charter at least every 5 years.\n\t(3)\tIn preparing, altering 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, in the custody, or under the guardianship, 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 to the Minister for approval.\n\t(5)\tThe Minister may, on receiving the Charter for approval and after consultation with the Guardian for Children and Young People, require an alteration to the Charter before approval (however, such alteration must be consistent with Part 2).\n\t(6)\tThe Minister must, within 30 days after receiving the Charter, or the Charter as altered, (whichever is the later) approve the Charter.\n\t(7)\tThe Charter has effect from the day on which it is approved by the Minister.\n\t(8)\tThe Minister must cause the Charter to be published on a website determined by the Minister.\n\t(9)\tThe Minister must, within 6 sitting days after approving the Charter, cause a copy of the Charter to be laid before both Houses of Parliament.\n\t(10)\tEach person or body engaged in the administration, operation or enforcement of a relevant law (other than the Court or SACAT) must perform their functions so as to give effect to the Charter.\n\t(11)\tHowever, the Charter does not create legally enforceable rights or entitlements.\n\t(12)\tIn this section—\nrelevant law means—\n\t(a)\tthis Act; and\n\t(b)\tany Act relating to the detention of a youth in a training centre; and\n\t(c)\tany other Act prescribed by the regulations.\n16—Chief Executive must provide copy of Charter etc to children and young people in care\n\t(1)\tThe Chief Executive must, as soon as is reasonably practicable after a child or young person is placed in the custody, or under the guardianship, of the Chief Executive under this Act, provide to the child or young person—\n\t(a)\ta copy of the Charter; and\n\t(b)\tan explanation of the content and effect of the Charter; and\n\t(c)\tinformation about, and the contact details of, the Guardian for Children and Young People.\n\t(2)\tIf a child or young person is unlikely to understand the information and documents referred to in subsection (1) (whether by reason of cognitive or physical disabilities, language differences or difficulties, literacy challenges or otherwise), the Chief Executive must make such alternative arrangements as may be necessary to ensure that the information is, if it is reasonably practicable to do so, communicated to the child or young person in a way they are capable of understanding.\n\t(3)\tHowever, the Chief Executive need not comply with this section if the Chief Executive is of the opinion that the child or young person is not reasonably capable of understanding the information referred to in subsection (1).\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System","content":"Division 6—Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System\n17—Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System\n\t(1)\tThe Minister must prepare and maintain a Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System.\n\t(a)\tinvite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and\n\t(5)\tThe Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament.\n\t(6)\tEach person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.\n","sortOrder":6},{"sectionNumber":"Div 7","sectionType":"division","heading":"Statement of Commitment to Parents and Families","content":"Division 7—Statement of Commitment to Parents and Families\n18—Statement of Commitment to Parents and Families\n\t(1)\tThe Minister must prepare and maintain a Statement of Commitment to Parents and Families.\n\t(a)\tinvite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and\n\t(5)\tThe Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament.\n\t(6)\tEach person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.\n","sortOrder":7},{"sectionNumber":"Div 8","sectionType":"division","heading":"Statement of Commitment to Foster and Kinship Carers","content":"Division 8—Statement of Commitment to Foster and Kinship Carers\n19—Statement of Commitment to Foster and Kinship Carers\n\t(1)\tThe Minister must prepare and maintain a Statement of Commitment to Foster and Kinship Carers.\n\t(a)\tinvite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and\n\t(5)\tThe Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament.\n\t(6)\tEach person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.\n","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n","sortOrder":9},{"sectionNumber":"Div 1","sectionType":"division","heading":"Minister","content":"Division 1—Minister\n20—Functions of Minister\n\t(1)\tThe functions of the Minister under this Act include—\n\t(a)\tpromoting a partnership approach between the Government, local councils, non‑government agencies, families and carers; and\n\t(b)\tpromoting and assisting in the development of coordinated strategies for effective intervention in cases where children and young people may be at risk of harm; and\n\t(c)\tpromoting and assisting in the development of coordinated strategies and policies to give effect to the State Strategy; and\n\t(d)\tpromoting, supporting and adequately resourcing 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(e)\tpromoting, encouraging or undertaking research into matters affecting children and young people; and\n\t(f)\tgenerally taking such other actions as the Minister believes will promote the safety and wellbeing of children and young people.\n\t(2)\tWithout limiting this section, the Minister has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4:\n\t(a)\tworking in partnership with and providing support to Aboriginal and Torres Strait Islander communities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making under this Act;\n\t(b)\tcollaborating with and assisting 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;\n\t(c)\tsuch other functions as may be prescribed by the regulations.\n\t(3)\tWithout limiting a provision of any other Act or law, the Minister must, in relation to the administration, operation and enforcement of this Act—\n\t(a)\tensure that education relating to the operation of section 76 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 of significant harm; and\n\t(b)\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(c)\tcollect and publish statistical data in relation to the protection of children and young people in this State.\n\t(4)\tWithout limiting a preceding subsection, the Minister must also ensure that—\n\t(a)\tthe services referred to in subsection (1)(d) are offered to children and young people and their families; and\n\t(b)\tgenuine efforts are made to encourage children and young people and their families to avail themselves of those services.\n21—Minister may direct Chief Executives of certain State authorities to meet to discuss interagency approach\n\t(1)\tThe Minister may, after consultation with the Ministers responsible for the relevant prescribed State authorities and in accordance with any requirements set out in the regulations, from time to time direct the Chief Executives of 2 or more prescribed State authorities to meet for the purpose of discussing an interagency response to prevent harm from being caused to a specified child or young person, or to children and young people of a specified class.\n\t(2)\tA meeting required under this section—\n\t(a)\tis to be conducted in a timely manner; and\n\t(b)\tis to be chaired by the Chief Executive specified by the Minister; and\n\t(c)\tmust consider any matters specified by the Minister.\n\t(3)\tFor the purposes of this section, a reference to a child or young person will be taken to include a reference to a care leaver.\n\t(4)\tIn this section—\ncare leaver means a person who—\n\t(a)\tis under 25 years of age; and\n\t(b)\thas, at any point, been in care under this Act or a repealed Act; and\n\t(c)\tis leaving, or has left, such care;\nprescribed State authority means—\n\t(a)\tthe administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and\n\t(b)\tthe administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and\n\t(c)\tthe administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and\n\t(d)\tthe administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and\n\t(e)\tany other State authority prescribed by the regulations for the purposes of this paragraph.\n22—Minister may enter agreements for provision of services to children and young people and their families\n\t(1)\tThe Minister may, in accordance with any requirements set out in the regulations, enter into agreements for the provision or promotion of services to children and young people and their families.\n\t(2)\tThe Minister may enter into such an agreement with—\n\t(a)\ta person with appropriate experience, qualifications or expertise in the provision or promotion of the services; or\n\t(b)\ta body established for the purpose of providing or promoting services to children and young people and their families that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the services; or\n\t(c)\ta local council.\n23—Minister may establish programs for children and young people and their families\nThe Minister may, in accordance with any requirements set out in the regulations, establish—\n\t(a)\tsuch programs as the Minister thinks necessary or desirable for children and young people who are at risk of harm, and their families; and\n\t(b)\tsuch other programs for the care, support, assistance or wellbeing of children and young people and their families as the Minister thinks fit.\n24—Powers of delegation\n\t(1)\tThe Minister may delegate a function (other than a prescribed function) under this or any other 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 of the Commonwealth).\n\t(c)\tdoes not derogate from the ability of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n25—Minister's annual report\n\t(1)\tIn addition to any other reporting obligations of the Minister under this Act or any other Act, the Minister must, not later than 30 September in each year, prepare a report in respect of the financial year ending on the preceding 30 June (the reporting year) including the following parts:\n\t(a)\ta part setting out 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 during the reporting year;\n\t(b)\ta part setting 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 of harm 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;\n\t(c)\ta part setting out the number of directions given by the Minister during the reporting year under section 21;\n\t(d)\ta part setting out the operation of Part 4 during the reporting year, which—\n\t(i)\tmust, in accordance with any requirements set out in the regulations, be prepared in consultation with Aboriginal and Torres Strait Islander persons or bodies;\n\t(ii)\tmust include the information required by the regulations;\n\t(e)\ta part setting out, in relation to the reporting year—\n\t(i)\tthe number of family group conferences convened by the Chief Executive under the Act (including information identifying how many of the family group conferences related to Aboriginal and Torres Strait Islander children and young people); and\n\t(ii)\tany other information required by the regulations;\n\t(f)\tany other part required by the regulations.\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 both Houses of Parliament.\nDivision 2—Chief Executive\n26—Functions of Chief Executive\n\t(1)\tThe functions of the Chief Executive under this Act include—\n\t(a)\tdeveloping codes of conduct and principles for caring for, or working with, children and young people; and\n\t(b)\tproviding guidance on matters relating to keeping children and young people safe and protected from harm, 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 children and young people who are suspected of being harmed; and\n\t(c)\tdefining appropriate standards of care for ensuring the safety and wellbeing of children and young people in care; 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 in care are accessible and responsive to the needs of such children and young people; and\n\t(f)\tdeveloping channels of communication and information sharing between the Department, State authorities, children and young people and their families; 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 policies and procedures governing the exercise of powers under this Act; and\n\t(j)\tdeveloping policies, procedures and strategies that give effect to the State Strategy; and\n\t(k)\tmonitoring 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 reporting regularly to the Minister on that subject; and\n\t(l)\tpromoting partnership between the Government, local councils, non‑government agencies, communities and families to holistically address the problem of harm being caused to children and young people; and\n\t(m)\tpromoting partnership between the Government and people who care for children or young people under this Act in recognition of the integral part played by such people in caring for children and young people; and\n\t(n)\tencouraging cooperation between State authorities with functions relating to the protection of children and young people or the provision of services to children and young people and their families to ensure that children and young people at risk of harm receive as much support as possible; and\n\t(o)\tany other function conferred on the Chief Executive under this Act or any other Act or by the Minister.\n\t(2)\tWithout limiting subsection (1), the Chief Executive has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4:\n\t(a)\tworking in partnership with recognised Aboriginal and Torres Strait Islander entities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making in relation to Aboriginal and Torres Strait Islander children and young people;\n\t(b)\tsuch other functions as may be prescribed by the regulations.\n27—Powers of delegation\n\t(1)\tThe Chief Executive may delegate a function (other than a prescribed function) under this or any other 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(d)\tis revocable at will.\n\t(3)\tSubject to this Act, a function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tNothing in this section limits any other power of delegation the Chief Executive may have under this Act or any other Act.\n28—Chief Executive's annual report\n\t(1)\tThe Chief Executive must, not later than 30 September in each year, submit to the Minister a report in respect of the financial year ending on the preceding 30 June (the reporting year) setting out—\n\t(a)\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 during the reporting year;\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 during the reporting year,\nand, if not, the extent to which those targets have been achieved; and\n\t(b)\twhether each child or young person under the guardianship of the Chief Executive until they attain 18 years of age had, during the reporting year, a documented case plan and, if not, the extent to which that target has been achieved; and\n\t(c)\tthe emergence of any recurring themes in the matters referred to in a preceding paragraph; and\n\t(d)\tthe number, and general nature, of placements of children and young people under section 136 during the reporting year; and\n\t(e)\tany other matter prescribed by the regulations.\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 both Houses 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).\nDivision 3—Quality of Care Report Guidelines\n29—Quality of Care Report Guidelines\n\t(1)\tThe Chief Executive must publish guidelines (the Quality of Care Report Guidelines) relating to reporting harm caused to children and young people in care by the persons contemplated by paragraph (c) of the definition of quality of care report in section 3, or suspicions or risks of such harm.\n\t(2)\tThe Quality of Care Report Guidelines must set out—\n\t(a)\tthe process by which a quality of care report is to be assessed; and\n\t(b)\tthe actions which must be taken in response to a quality of care report; and\n\t(c)\tthe ways in which procedural fairness is to be afforded in relation to a quality of care report; and\n\t(d)\tthe process by which decisions relating to quality of care reports can be reviewed (including the persons who may seek such a review); and\n\t(e)\tany other information required by the regulations,\nand may contain any other provisions the Chief Executive thinks fit.\n\t(3)\tSubject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a quality of care report.\n\t(4)\tBefore publishing the Quality of Care Report Guidelines, the Chief Executive must—\n\t(a)\tinvite submissions from, and have regard to any submissions made by—\n\t(i)\tpersons who care for children or young people under this Act or a repealed Act; and\n\t(ii)\teach recognised peak body; and\n\t(iii)\tpersons or bodies who, in the opinion of the Chief Executive, represent the interests and views of persons who care for children and young people under this Act or a repealed Act; and\n\t(5)\tThe Chief Executive must cause the Quality of Care Report Guidelines to be published on a website determined by the Chief Executive.\n\t(6)\tEach person or body involved in addressing a quality of care report must comply with the Quality of Care Report Guidelines.\n\t(7)\tHowever—\n\t(a)\tthe Quality of Care Report Guidelines do not create legally enforceable rights or entitlements; and\n\t(b)\tin the event of an inconsistency between a provision of the Quality of Care Report Guidelines and a provision of this Act, the provision of the Quality of Care Report Guidelines is, to the extent of the inconsistency, void and of no effect.\nDivision 4—Management of complaints and feedback\n30—Complaints and Feedback Management Guidelines\n\t(1)\tThe Chief Executive must publish guidelines (the Complaints and Feedback Management Guidelines) relating to the receipt and handling of complaints and feedback relating to the administration of this Act.\n\t(2)\tThe Complaints and Feedback Management Guidelines must set out—\n\t(a)\tthe matters in relation to which the Complaints and Feedback Management Guidelines apply; and\n\t(b)\thow, and by whom, complaints may be made and feedback may be given; and\n\t(c)\tthe process by which complaints and feedback are to be assessed; and\n\t(d)\tthe actions which may be taken in response to a complaint or feedback; and\n\t(e)\tthe ways in which procedural fairness is to be afforded in relation to a complaint or feedback; and\n\t(f)\tinformation about alternative independent complaints and feedback mechanisms and bodies; and\n\t(g)\tany other information required by the regulations,\nand may contain any other provisions the Chief Executive thinks fit.\n\t(3)\tSubject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a complaint or feedback.\n\t(4)\tBefore publishing the Complaints and Feedback Management Guidelines, the Chief Executive must—\n\t(a)\tinvite submissions from, and have regard to any submissions made by—\n\t(i)\tthe Commissioner for Children and Young People; and\n\t(ii)\tthe Commissioner for Aboriginal Children and Young People; and\n\t(iii)\tthe Guardian for Children and Young People; and\n\t(iv)\teach recognised peak body; and\n\t(v)\tany other peak bodies prescribed by the regulations; and\n\t(vi)\tAboriginal and Torres Strait Islander people and organisations; and\n\t(vii)\tpeople, including children and young people, who have experiences of being in care under this Act or a repealed Act; and\n\t(viii)\tany other person or body prescribed by the regulations; and\n\t(5)\tThe Chief Executive must cause the Complaints and Feedback Management Guidelines to be published on a website determined by the Chief Executive.\n\t(6)\tEach officer or employee of the Department involved in the receipt and handling of complaints and feedback to which the Complaints and Feedback Management Guidelines apply must comply with the Complaints and Feedback Management Guidelines.\n\t(7)\tHowever—\n\t(a)\tthe Complaints and Feedback Management Guidelines do not create legally enforceable rights or entitlements; and\n\t(b)\tin the event of an inconsistency between a provision of the Complaints and Feedback Management Guidelines and a provision of this Act, the provision of the Complaints and Feedback Management Guidelines is, to the extent of the inconsistency, void and of no effect.\nDivision 5—Child protection officers\n31—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)\ta police officer;\n\t(c)\tan employee of the Department authorised by the Chief Executive by instrument in writing as a child protection officer;\n\t(d)\tan Aboriginal or Torres Strait Islander person authorised by the Chief Executive by instrument in writing as a child protection officer;\n\t(e)\tany other person authorised by the Chief Executive by instrument in writing as a child protection officer in accordance with any requirements set out in the regulations.\n\t(2)\tAn authorisation under subsection (1)(c), (d) or (e) may be made subject to conditions or limitations specified in the instrument of authorisation.\n\t(3)\tThe Chief Executive may, by notice in writing to a child protection officer authorised under subsection (1)(c), (d) or (e), vary or revoke the authorisation, or a condition or limitation of the authorisation, on any grounds the Chief Executive thinks fit.\n\t(4)\tA child protection officer authorised under subsection (1)(c), (d) or (e) 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 authorisation of the person to be a child protection officer is subject to conditions or limitations—stating those conditions or limitations.\n\t(5)\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.\n32—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, 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 a purpose set out in section 5(2)(c)(i) or (ii)—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—\n\t(A)\tthe 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; or\n\t(B)\ta child or young person who is absent from a State care placement is located within the premises, place, vehicle or vessel.\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 in the custody, or under the guardianship, 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.\n33—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, document, answer or report 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.\nDivision 6—Child and Young Person's Visitor scheme\n34—Interpretation\nprescribed facility means—\n\t(a)\ta licensed children's residential facility; or\n\t(b)\ta State residential care facility; or\n\t(c)\tany other facility, or facility of a class, prescribed by the regulations.\n35—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 appointment of the Child and Young Person's Visitor.\n36—Functions of Child and Young Person's Visitor\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 Division; 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 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; and\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 Act 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 must give proper weight to those views; and\n\t(b)\tmust pay particular attention to the needs and circumstances of—\n\t(i)\tAboriginal and Torres Strait Islander children and young people; and\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 or materials that may be relevant to performing the functions of the Child and Young Person's Visitor.\n\t(3)\tOn a visit to a prescribed facility under this Division, 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 or 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 functions of the Child and Young Person's Visitor under this Act.\n\t(4)\tSubject to subsection (5), a visit to a prescribed facility may be—\n\t(a)\tmade by the Child and Young Person's Visitor on their 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)\tmade at any reasonable time; and\n\t(c)\tof 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 functions of the Child and Young Person's Visitor.\n37—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), cause a copy of the report to be 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 functions.\n\t(4)\tThe Minister must, within 6 sitting days after receiving a special report, cause a copy of the report to be laid before both Houses of Parliament.\nDivision 7—Recognised peak bodies\n38—Minister to recognise peak bodies\n\t(1)\tThe Minister may, by notice in writing, recognise an entity as the recognised peak body for a particular section of the community for the purposes of this Act if satisfied that the entity—\n\t(a)\trepresents the interests of that section of the community; and\n\t(b)\tagrees to be the recognised peak body for that section of the community.\n\t(2)\tWithout limiting subsection (1), the Minister must recognise an entity as the recognised peak body for the following sections of the community:\n\t(a)\tchildren and young people and their families;\n\t(b)\tAboriginal and Torres Strait Islander children and young people and their families;\n\t(c)\tcarers under this Act.\n\t(3)\tThe recognition of an entity as a recognised peak body—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\thas effect for the period specified in the notice; and\n\t(c)\tmust comply with any other requirements set out in the regulations.\n\t(4)\tThe Minister may, by notice in writing and in accordance with any requirements set out in the regulations, vary or revoke the recognition of an entity as the recognised peak body for a particular section of the community.\nDivision 8—Networks and services for children and young people and their families\n39—Networks and services for children and young people and their families\n\t(1)\tThe Minister may, in the Minister's absolute discretion, establish such networks or services for the multi-agency assessment and referral of, and service response for, children and young people and their families as the Minister thinks fit.\n\t(2)\tA network or service established by the Minister under this section—\n\t(a)\tconsists of such persons or bodies (whether State authorities or otherwise) as may be specified by the Minister; and\n\t(b)\thas the functions assigned to it under this Act or by the Minister.\n\t(3)\tThe members of a network or service established by the Minister under this section may, despite any other Act or law, collaborate with each other without restriction.\n","sortOrder":10},{"sectionNumber":"Div 9","sectionType":"division","heading":"Information gathering and sharing","content":"Division 9—Information gathering and sharing\n40—Chief Executive may require State authority to provide report\n\t(1)\tThe Chief Executive may, if 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 by the Chief Executive.\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 noncompliance.\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 noncompliance.\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 that report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament.\n41—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(c)\tthe Commissioner for Aboriginal Children and Young People;\n\t(d)\tthe Guardian for Children and Young People;\n\t(e)\tthe Child Death and Serious Injury Review Committee;\n\t(f)\tthe Child and Young Person's Visitor;\n\t(g)\ta State authority;\n\t(h)\ta child and family assessment and referral network or service and its constituent members;\n\t(i)\tthe Contact Arrangements Review Panel;\n\t(j)\tan interagency practice review panel;\n\t(k)\ta person or body that provides services to children and young people or their families;\n\t(l)\tgovernment and non‑government schools;\n\t(m)\tSACAT;\n\t(n)\tany other person or body, or person or body of a class, 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 requirements 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 of harm to a child or young person, or children or young people of a class, (including, to avoid doubt, an unborn child or children) 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 whether or not the information or documents—\n\t(a)\tconsist of or include prescribed information and documents; and\n\t(b)\tever disclosed the identity of a person, or has been redacted so as to de‑identify it.\n\t(5)\tInformation or documents may be provided under this section whether or not the provider has been requested to provide the information or documents.\n\t(6)\tDespite section 218, 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 children or young people of a class; or\n\t(b)\tany other information or document of a kind prescribed by the regulations.\n42—Interaction with Public Sector (Data Sharing) Act 2016\nNothing in this Division affects the operation of the Public Sector (Data Sharing) Act 2016.\n","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Additional provisions relating to Aboriginal and Torres Strait Islander children and young people","content":"Part 4—Additional provisions relating to Aboriginal and Torres Strait Islander children and young people\n43—Primary purpose of Part\nThe primary purpose of this Part is to ensure that the Aboriginal and Torres Strait Islander Child Placement Principle is implemented throughout all stages of the administration, operation and enforcement of this Act to the standard of active efforts.\n44—Objects of Act relating to Aboriginal and Torres Strait Islander children and young people\nThe Act has the following objects in respect of Aboriginal and Torres Strait Islander children and young people:\n\t(a)\trecognising that nurturing strong connections to family, community, culture and Country is foundational in ensuring that Aboriginal and Torres Strait Islander children and young people thrive and are protected from harm;\n\t(b)\trecognising, respecting and supporting the self‑determination of Aboriginal and Torres Strait Islander children and young people and their families;\n\t(c)\trecognising, respecting and supporting the primary role of Aboriginal and Torres Strait Islander families and communities in protecting and caring for their children and young people;\n\t(d)\tupholding the cultural rights of Aboriginal and Torres Strait Islander children and young people in decision making under this Act;\n\t(e)\tensuring that decision makers under this Act understand, respect and support Aboriginal and Torres Strait Islander culture, cultural diversity, lore, knowledge, perspective and expertise;\n\t(f)\trecognising the unique role of Aboriginal and Torres Strait Islander organisations in responding to and supporting Aboriginal and Torres Strait Islander families;\n\t(g)\trecognising and overcoming biases and racism that create barriers to the best interests of Aboriginal and Torres Strait Islander children and young people being realised;\n\t(h)\treducing the over‑representation and incidence of removal of Aboriginal and Torres Strait Islander children and young people from their families by—\n\t(i)\tsupporting Aboriginal and Torres Strait Islander people to access services provided by Aboriginal and Torres Strait Islander organisations; and\n\t(ii)\tfacilitating delegated decision making by recognised Aboriginal and Torres Strait Islander entities in relation to Aboriginal and Torres Strait Islander children and young people; and\n\t(iii)\tencouraging State authorities to act in partnership with Aboriginal and Torres Strait Islander people and organisations when performing functions under this Act that affect Aboriginal and Torres Strait Islander children and young people.\n45—Application of Part\n\t(1)\tExcept where the contrary intention appears, this Part is in addition to, and does not derogate from, any other provisions of this Act.\n\t(2)\tFor the purposes of this Act, the following provisions apply in relation to the operation of Part 2 as it relates to Aboriginal and Torres Strait Islander children and young people:\n\t(a)\tthe Aboriginal and Torres Strait Islander Child Placement Principle will, in the event of an inconsistency with the guiding principles and related matters set out in Part 2, prevail;\n\t(b)\texcept as is contemplated by paragraph (a), the additional guiding principles set out in Division 3 of this Part are to be read in conjunction with, and will be taken to form part of, the guiding principles and related matters set out in Part 2.\n46—Right to cultural support in certain proceedings and meetings\n\t(1)\tThe Governor may, by regulation, establish a scheme providing for cultural support to be provided to Aboriginal or Torres Strait Islander children and young people for the purposes set out in the regulations.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe appointment of cultural support persons (including by limiting who can be a cultural support person); and\n\t(b)\tthe right of a cultural support person to be present at specified proceedings or other interactions under this Act.\n\t(3)\tThis section is in addition to, and does not derogate from, any other provision of this Act.\nDivision 2—Identifying Aboriginal and Torres Strait Islander children and young people\n47—Identifying Aboriginal and Torres Strait Islander children and young people\nEach person or body performing functions under this Act, must, as soon as is reasonably practicable after a child or young person comes into contact with the child protection and family support system, make active efforts to ascertain whether the child or young person is an Aboriginal or Torres Strait Islander child or young person.\n48—Presumption as to acceptance by Aboriginal or Torres Strait Islander community\nFor the purposes of this Act, if a child or young person—\n\t(a)\tis of Aboriginal or Torres Strait Islander descent; and\n\t(b)\tregards themselves as Aboriginal or Torres Strait Islander, or is regarded as Aboriginal or Torres Strait Islander by a member of their family,\nthen the child or young person will, in the absence of evidence to the contrary, be taken to be accepted as Aboriginal or Torres Strait Islander (as the case requires) by the Aboriginal or Torres Strait Islander community to which the child or young person or the member of their family claims to belong.\nDivision 3—Additional guiding principles in respect of Aboriginal and Torres Strait Islander children and young people\n49—Aboriginal and Torres Strait Islander Child Placement Principle\n\t(1)\tThe Parliament of South Australia recognises that the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle to the standard of active efforts is the key mechanism by which the best interests of Aboriginal and Torres Strait Islander children and young people, and their families, can be realised.\n\t(2)\tThe following elements collectively constitute the Aboriginal and Torres Strait Islander Child Placement Principle:\n\t(a)\tthe prevention element—Aboriginal and Torres Strait Islander children and young people have the right to be brought up within their own family and community, and should, to ensure that families can stay together safely, be provided access to culturally safe services that support families and communities to care for Aboriginal and Torres Strait Islander children and young people;\n\t(b)\tthe partnership element—Aboriginal and Torres Strait Islander people should be supported to participate in—\n\t(i)\tdecisions under this Act affecting Aboriginal and Torres Strait Islander children and young people; and\n\t(ii)\tpolicy development, service design and service provision in relation to services provided to, or in relation to, Aboriginal or Torres Strait Islander children and young people under this Act;\n\t(c)\tthe placement element—if an Aboriginal or Torres Strait Islander child or young person is to be placed with a person under this Act, the child or young person should, as a priority and so far as it is reasonably practicable to do so, be placed with 1 of the following persons (in order of priority):\n\t(i)\tan Aboriginal or Torres Strait Islander member of the child or young person's family, or other member of the child or young person's family;\n\t(ii)\tan Aboriginal or Torres Strait Islander member of the child or young person's community who has a relationship of responsibility for the child or young person;\n\t(iii)\tan Aboriginal or Torres Strait Islander member of the child or young person's community;\n\t(iv)\tan Aboriginal or Torres Strait Islander person;\n\t(d)\tthe participation element—if a decision is to be made under this Act which affects an Aboriginal or Torres Strait Islander child or young person, Aboriginal and Torres Strait Islander family‑led decision making should be engaged in at the earliest opportunity to ensure that the child or young person, their parents and other family members are enabled to participate in the making of the decision and that their views are considered by the decision maker;\n\t(e)\tthe connection element—Aboriginal and Torres Strait Islander children and young people placed with a person under this Act should be supported to develop and maintain their connection with their family, community, culture, Country and language, particularly when the child or young person is placed with a person who is not an Aboriginal or Torres Strait Islander person.\n\t(3)\tWithout limiting any other provision of this Act, each person or body engaged in the administration, operation or enforcement of this Act must, in making a decision under this Act relating to an Aboriginal or Torres Strait Islander child or young person, implement each of the elements of the Aboriginal and Torres Strait Islander Child Placement Principle that are relevant to the decision to the standard of active efforts.\n\t(4)\tWithout limiting the ways in which an element or elements of the Aboriginal and Torres Strait Islander Child Placement Principle can be implemented to the standard of active efforts, examples of the ways in which a decision‑maker might do so include, where relevant—\n\t(a)\tconsidering how the Aboriginal or Torres Strait Islander child or young person can be prevented from needing to be removed from their families under this Act (including by actively considering alternative courses of action that may be available, such as assistance in accessing relevant support and services); or\n\t(b)\tactively promoting the self‑determination of the Aboriginal and Torres Strait Islander child or young person and their family and community in relation to a decision; or\n\t(c)\tengaging with the Aboriginal or Torres Strait Islander child or young person and their family and community by means of Aboriginal and Torres Strait Islander family‑led decision making; or\n\t(d)\tthorough scoping of the Aboriginal or Torres Strait Islander child or young person's family to identify culturally connected placements; or\n\t(e)\tsupporting and maintaining the Aboriginal or Torres Strait Islander child or young person's connection to family, community, culture, and Country throughout every stage of their involvement in the child protection and family support system; or\n\t(f)\thaving regard to the possible long‑term effects of the decision on the Aboriginal or Torres Strait Islander child or young person's identity and connection with their family, community, culture and Country.\n\t(5)\tFor the purposes of subsection (2)(c)—\n\t(a)\tif an Aboriginal or Torres Strait Islander child or young person has parents from different Aboriginal or Torres Strait Islander communities—consideration should be given to the child or young person's own sense of belonging; and\n\t(b)\tif an Aboriginal or Torres Strait Islander child or young person has parents from different Aboriginal or Torres Strait Islander communities, and the child or young person is placed with 1 parent's family or community—arrangements should be made to ensure that the child or young person has the opportunity for continuing contact and connection with their other parent's family, community and culture; and\n\t(c)\tif an Aboriginal or Torres Strait Islander child or young person has 1 Aboriginal or Torres Strait Islander parent and 1 non‑Aboriginal or Torres Strait Islander parent—the order of priority for familial placement should be determined by considering the best interests of the child or young person; and\n\t(d)\tif an Aboriginal or Torres Strait Islander child or young person is to be placed under the guardianship of a non‑Aboriginal or Torres Strait Islander person—the Court should, following advice of a Respected Person on the matter, be satisfied that the person has demonstrated a strong commitment, and has the capability, to ensure the maintenance of the child or young person's Aboriginal or Torres Strait Islander culture and identity, including through contact and connection with family, community, culture and Country; and\n\t(e)\tif an Aboriginal or Torres Strait Islander child or young person is to be placed with a non‑Aboriginal or Torres Strait Islander person under Part 12—the Chief Executive should be satisfied that the person has demonstrated a strong commitment, and has the capability, to ensure the maintenance of the child or young person's Aboriginal or Torres Strait Islander culture and identity, including through contact and connection with family, community, culture and Country.\n50—Additional considerations relating to reunification of certain Aboriginal and Torres Strait Islander children and young people and their parents\nWithout limiting any other provision of this Act, the Chief Executive must, if an Aboriginal or Torres Strait Islander child or young person is removed from their parents under this Act—\n\t(a)\tmake active efforts to explore ways in which the child or young person and their parents can be reunified; and\n\t(b)\tif, in the opinion of the Chief Executive, reunification of the child or young person and their parents is not viable—make active efforts to identify or locate members of the child or young person's family or community with whom the child or young person can be placed.\n51—Principle of Aboriginal and Torres Strait Islander family‑led decision making\n\t(1)\tFor the purposes of this Act, the principles set out in this section constitute the principle of Aboriginal and Torres Strait Islander family‑led decision making (and a reference to a person or body engaging in Aboriginal and Torres Strait Islander family‑led decision making will be taken to be a reference to the person or body acting in accordance with those principles).\n\t(2)\tEach person or body performing functions under this Act must, when making a decision in respect of an Aboriginal or Torres Strait Islander child or young person—\n\t(a)\tmake decisions in a culturally safe and respectful way that draws on traditional Aboriginal or Torres Strait Islander methods of enabling culturally‑based family‑driven decisions; and\n\t(b)\tpromote self‑determination, participation and shared decision making at each stage of making the decision; and\n\t(c)\tsupport the family of the child or young person to make informed choices in respect of the best interests of the child or young person; and\n\t(d)\tassist the family of the child or young person, and their support networks, to think and plan creatively in relation to, and to utilise their strengths and resources to resolve, concerns raised in respect of the child or young person; and\n\t(e)\tprovide accessible and culturally safe forums to the family of the child or young person so they can feel comfortable in actively participating, and working in partnership, with persons or bodies responsible for decision making in relation to the child or young person; and\n\t(f)\tprovide opportunities to the family of the child or young person for ongoing participation in all significant decisions relating to the child or young person; and\n\t(g)\ttake into account the views of the family of the child or young person; and\n\t(h)\twhere it is reasonably practicable to do so, support the family of the child or young person to engage with an Aboriginal or Torres Strait Islander organisation.\n\t(3)\tThe requirements under this section do not limit any other ways in which Aboriginal or Torres Strait Islander people can be involved in a decision under this Act.\n52—Additional considerations relating to best interests of Aboriginal and Torres Strait Islander children and young people\nWithout limiting section 11, in considering what is in the best interests of a particular Aboriginal or Torres Strait Islander child or young person, regard should be given to such of the following as may be relevant in the circumstances:\n\t(a)\tthe need to comply with the Aboriginal and Torres Strait Islander Child Placement Principle;\n\t(b)\tthe child rearing practices of Aboriginal or Torres Strait Islander people;\n\t(c)\tthe need to provide the child or young person with the opportunity to maintain and build their identity, as well as their connections to their Aboriginal or Torres Strait Islander family, community, culture and Country;\n\t(d)\tthe child or young person's need to have an environment in which they—\n\t(i)\tfeel safe and supported to express their culture and spiritual and other belief systems; and\n\t(ii)\tare supported by a carer who respects their identity as an Aboriginal or Torres Strait Islander child or young person and who nurtures and encourages their sense of self and identity in respect to their family, community, culture and Country;\n\t(e)\tany other matter prescribed by the regulations.\nDivision 4—Recognised Aboriginal or Torres Strait Islander entities\n53—Minister may recognise certain Aboriginal or Torres Strait Islander entities for purposes of Act\n\t(1)\tThe Minister may—\n\t(a)\ton an application by an eligible entity or on the Minister's own motion; and\n\t(b)\tafter consulting with—\n\t(i)\tthe Aboriginal or Torres Strait Islander community or a section of the Aboriginal or Torres Strait Islander community; and\n\t(ii)\tany peak bodies prescribed by the regulations; and\n\t(iii)\tany other person or body prescribed by the regulations,\nby notice in writing, recognise an eligible entity as a recognised Aboriginal or Torres Strait Islander entity for the purposes of this Act if satisfied that—\n\t(c)\tthe entity is an eligible entity; and\n\t(d)\tthe eligible entity agrees to being a recognised Aboriginal or Torres Strait Islander entity.\n\t(2)\tAn application under subsection (1) must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tbe accompanied by such information and documents as may be required by the Minister.\n\t(3)\tThe recognition of a recognised Aboriginal or Torres Strait Islander entity—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\thas effect for the period specified in the notice; and\n\t(c)\tmust comply with any requirements prescribed by the regulations.\n\t(4)\tThe Minister may, by notice in writing, vary or revoke a condition of the recognition of a recognised Aboriginal or Torres Strait Islander entity for any reason the Minister thinks fit.\n\t(5)\tThe Minister may, by notice in writing and in accordance with any requirements set out in the regulations, vary or revoke the recognition of a recognised Aboriginal or Torres Strait Islander entity.\neligible entity means—\n\t(a)\ta person—\n\t(i)\twho is an Aboriginal or Torres Strait Islander person; and\n\t(ii)\twho has relevant knowledge of, or expertise in, child protection or another relevant field; and\n\t(iii)\twho is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(iv)\tin relation to whom a working with children check has been conducted within the preceding 5 years; and\n\t(v)\twho complies with any other requirements set out in the regulations; or\n\t(b)\tan entity that provides services to Aboriginal or Torres Strait Islander people in this State—\n\t(i)\tthe chief executive of which (however described) is a person with the attributes set out in paragraph (a); and\n\t(ii)\tthat complies with any other requirements set out in the regulations; or\n\t(c)\tan entity that provides services to Aboriginal or Torres Strait Islander people in this State—\n\t(i)\tthe governing body of which consists of a majority of—\n\t(A)\tAboriginal or Torres Strait Islander people; and\n\t(B)\tpeople who have relevant knowledge of, or expertise in, child protection; and\n\t(ii)\teach director of which (however described) is a person—\n\t(A)\twho is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(B)\tin relation to whom a working with children check has been conducted within the preceding 5 years; and\n\t(iii)\tthat complies with any other requirements set out in the regulations; or\n\t(d)\tany other entity, or entity of a class, prescribed by the regulations.\nDivision 5—Delegation of functions in respect of Aboriginal and Torres Strait Islander children and young people\n54—Delegation of certain functions to recognised Aboriginal or Torres Strait Islander entities\n\t(1)\tWithout limiting any other power of delegation the Chief Executive may have under this Act or any other Act, the Chief Executive may delegate a specified function, or functions of a specified class, under this Act (other than a prescribed function) to—\n\t(a)\ta specified recognised Aboriginal or Torres Strait Islander entity; or\n\t(b)\ta specified member of a recognised Aboriginal or Torres Strait Islander entity.\n\t(2)\tTo avoid doubt, the Chief Executive may delegate a function of a child protection officer under this section.\n\t(3)\tWithout limiting subsection (1), a delegation may relate to a specified Aboriginal or Torres Strait Islander child or young person, or Aboriginal or Torres Strait Islander children or young people of a specified class.\n\t(4)\tA delegation under subsection (1)—\n\t(d)\tmay, if the instrument of delegation so provides, be further delegated; and\n\t(e)\tis revocable at will.\n\t(5)\tBefore delegating a function to a recognised Aboriginal or Torres Strait Islander entity, or a member of a recognised Aboriginal or Torres Strait Islander entity, under this section, the Chief Executive must—\n\t(a)\tunless a memorandum of understanding between the Chief Executive and the recognised Aboriginal or Torres Strait Islander entity is in force in relation to such delegations, consult with the recognised Aboriginal or Torres Strait Islander entity in relation to the delegation; and\n\t(b)\tundertake such consultation as may be required by the regulations to ascertain the views of the Aboriginal or Torres Strait Islander child or young person, or children or young people, to whom the delegation relates, and their family and community; and\n\t(c)\tbe satisfied that it is, in all the circumstances, appropriate that the recognised Aboriginal or Torres Strait Islander entity, or the member (as the case requires), perform the functions to which the delegation relates; and\n\t(d)\tcomply with any other requirements set out in the regulations.\n\t(6)\tHowever, the Chief Executive need not comply with subsection (5)(b) if to do so would, in the opinion of the Chief Executive, result in an unacceptable risk to the safety or wellbeing of a child or young person.\n\t(7)\tDespite any other Act or law, the Chief Executive may provide such information and documents to a delegated decision maker in respect of an Aboriginal or Torres Strait Islander child or young person as the Chief Executive considers reasonably necessary to allow the delegated decision maker to perform their delegated functions.\n\t(8)\tWithout limiting any other provision of this Act, the Chief Executive may require a delegated decision maker in respect of an Aboriginal or Torres Strait Islander child or young person to provide to the Chief Executive such information or documents relating to the child or young person as may be specified by the Chief Executive.\n\t(9)\tA delegation under this section has effect until—\n\t(a)\tthe Chief Executive revokes the delegation; or\n\t(b)\tthe recognised Aboriginal or Torres Strait Islander entity informs the Chief Executive, by notice in writing, that the entity will no longer act under the delegation; or\n\t(c)\tthe recognition of the Aboriginal or Torres Strait Islander entity is revoked, or the entity otherwise ceases to be a recognised Aboriginal or Torres Strait Islander entity,\n\t(10)\tThe regulations may make further provisions relating to delegations under this section, including, but not limited to—\n\t(a)\tthe records that must be made and kept by a delegated decision maker, and the period for which such records must be kept; and\n\t(b)\tthe reporting requirements that apply to a delegated decision maker.\n55—Costs of recognised Aboriginal or Torres Strait Islander entity performing delegated functions to be borne by Crown\nSuch costs and expenses as may reasonably be incurred by a recognised Aboriginal or Torres Strait Islander entity performing delegated functions under this Act (including costs related to staffing the entity) are to be borne by the Crown.\nDivision 6—Family group conferencing for Aboriginal and Torres Strait Islander children and young people\n56—Additional purposes of family group conferences for Aboriginal and Torres Strait Islander children and young people\n\t(1)\tWithout limiting section 96 or 114, the purposes of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person include giving effect to—\n\t(a)\tthe Aboriginal and Torres Strait Islander Child Placement Principle; and\n\t(b)\tthe need for self‑determination; and\n\t(c)\tthe principle of Aboriginal and Torres Strait Islander family‑led decision making.\n\t(2)\tWithout limiting section 99, the coordinator of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person must determine such procedures of the conference as the coordinator considers necessary or appropriate to further the purposes set out in subsection (1).\n57—Family group conference to be convened\n\t(1)\tDespite section 98, but subject to this section, if—\n\t(a)\tthe Chief Executive causes an assessment of an Aboriginal or Torres Strait Islander child or young person to be carried out in accordance with section 79; or\n\t(b)\tthe Chief Executive becomes aware that a child or young person in care is an Aboriginal or Torres Strait Islander child or young person; or\n\t(c)\ta family member of an Aboriginal or Torres Strait Islander child or young person in care requests that a family group conference (however described) be convened,\nthe Chief Executive must, as soon as is reasonably practicable and in accordance with any requirements set out in the regulations, cause a family group conference under section 98 to be convened in respect of the child or young person.\n\t(2)\tHowever, the Chief Executive need not comply with this section—\n\t(a)\tif a particular person refuses to participate in the family group conference and the Chief Executive is satisfied that the person's participation is required for a decision at the conference to be valid; or\n\t(b)\tif a family group conference in respect of the Aboriginal or Torres Strait Islander child or young person has been convened within the preceding 6 months; or\n\t(c)\tif the Chief Executive is of the opinion that convening a family group conference is not, in all the circumstances, in the best interests of the Aboriginal or Torres Strait Islander child or young person; or\n\t(d)\tin any other circumstances prescribed by the regulations.\n58—Coordinator of family group conference to be Aboriginal or Torres Strait Islander person\nWithout otherwise limiting section 98 or 114, the coordinator of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person must, unless it is not reasonably practicable or prescribed circumstances apply, be an Aboriginal or Torres Strait Islander person (as the case requires, and not being a person who is an employee of the Department).\nDivision 7—Court proceedings under Act involving Aboriginal and Torres Strait Islander children and young people\n59—Regulations etc to establish scheme for Respected Persons to participate in Court proceedings involving Aboriginal and Torres Strait Islander children and young people\n\t(1)\tThe Governor may, by regulation, establish a scheme providing for the use of Respected Persons in Court proceedings—\n\t(a)\tto support Aboriginal and Torres Strait Islander children and young people to whom the proceedings relate; and\n\t(b)\tto assist and advise the Court in relation to the practices and culture of Aboriginal and Torres Strait Islander people and communities.\n\t(2)\tWithout otherwise limiting the regulations that may be made under subsection (1), the regulations must provide for—\n\t(a)\tthe appointment and selection of Respected Persons; and\n\t(b)\tconsultation (including consultation with specified peak bodies); and\n\t(c)\tthe kinds of proceedings before the Court in which a Respected Person may, or may not, be used; and\n\t(d)\tthe role of Respected Persons as support persons for Aboriginal or Torres Strait Islander children and young people in proceedings before the Court; and\n\t(e)\tthe role of Respected Persons in providing advice to the Court in relation to the practices and culture of Aboriginal and Torres Strait Islander people and communities (whether on behalf of an Aboriginal or Torres Strait Islander child or young person to whom the proceedings relate or otherwise); and\n\t(f)\tthe ways in which a Respected Person may provide evidence or information to the Court.\n\t(3)\tRegulations establishing a scheme under this section may, to the extent required for the purposes of the scheme, modify a provision of this Act, or modify the operation of the Youth Court Act 1993 or a provision of that Act.\n\t(4)\tWithout limiting section 32 of the Youth Court Act 1993 or any other provision of this Act, the Court must, in accordance with that section, make such rules as may be necessary to ensure the scheme for the use of Respected Persons is given effect.\n\t(5)\tAn order of the Court will not be invalid by reason of a failure to comply with the scheme established under this section.\n60—Court to be satisfied that Aboriginal and Torres Strait Islander Child Placement Principle implemented before making certain orders\n\t(1)\tWithout limiting any other provision of this Act, or any other power the Court may have, the Court must, before making an order, be satisfied that the Aboriginal and Torres Strait Islander Child Placement Principle has, so far as is practicable in the circumstances, been implemented to the standard of active efforts in relation to the Aboriginal or Torres Strait Islander child or young person who is the subject of the order.\n\t(2)\tFor the purposes of subsection (1), the Court may have regard to—\n\t(a)\tany report filed by a recognised Aboriginal or Torres Strait Islander entity or the Chief Executive (or both); and\n\t(b)\tany other information the Court considers relevant.\n\t(3)\tHowever, this section does not apply in relation to—\n\t(a)\tan assessment order; or\n\t(b)\tan interim order under Part 10; or\n\t(c)\tany other order, or order of a class, prescribed by the regulations.\n61—Court not to make certain orders in relation to Aboriginal and Torres Strait Islander children and young people unless family group conference convened\n\t(1)\tSubject to subsection (2), a prescribed order must not be made by the Court in relation to an Aboriginal or Torres Strait Islander child or young person unless at least 1 family group conference (whether convened by the Chief Executive or the Court) has been convened in respect of the child or young person.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\tif the Chief Executive has not complied with section 57 in the circumstances referred to in section 57(2); or\n\t(b)\tin any other circumstances prescribed by the regulations.\nprescribed order means an order made by the Court under section 116(1)(e), (f), (g), (h), (i) or (j).\nA prescribed order does not include an assessment order or an interim order.\nDivision 8—Case planning for Aboriginal and Torres Strait Islander children and young people\n62—Additional requirements relating to case planning for Aboriginal and Torres Strait Islander children and young people\nWithout limiting section 133, a case plan for an Aboriginal or Torres Strait Islander child or young person must—\n\t(a)\tset out how the Aboriginal and Torres Strait Islander Child Placement Principle has been, and will be, implemented in the course of case planning (including the extent to which the standard of active efforts has been met in doing so); and\n\t(b)\tset out a cultural maintenance plan that is developed with input from—\n\t(i)\tthe child or young person and their family and community; and\n\t(ii)\twhere practicable, an Aboriginal or Torres Strait Islander organisation; and\n\t(c)\tset out how the cultural needs and identity of the child or young person are being, or will be, met (including, but not limited to, receiving respect for, and having access to, cultural beliefs and cultural foods, receiving support to travel to attend cultural events, obligations and ceremonies and to connect with Country); and\n\t(d)\tinclude arrangements for connection with the child or young person's Aboriginal or Torres Strait Islander family, community, culture and Country (including, but not limited to, cultural mentors or Elders from the same Aboriginal or Torres Strait Islander community as the child or young person).\nDivision 9—Placement of Aboriginal and Torres Strait Islander children and young people by Chief Executive\n63—Chief Executive must consult with recognised Aboriginal or Torres Strait Islander entity before placing Aboriginal or Torres Strait Islander child or young person\n\t(1)\tWithout limiting any other provision of this Act, the Chief Executive must, if it is reasonably practicable to do so, consult with, and have regard to any submissions of, a recognised Aboriginal or Torres Strait Islander entity before placing an Aboriginal or Torres Strait Islander child or young person under Part 12 Division 1.\n\t(2)\tHowever, subsection (1) does not apply to a delegated decision maker to whom functions relating to the placement of the child or young person have been delegated under this Act.\n","sortOrder":12},{"sectionNumber":"Div 10","sectionType":"division","heading":"Reviews of contact arrangements and reviews of circumstances for Aboriginal and Torres Strait Islander children and young people in care","content":"Division 10—Reviews of contact arrangements and reviews of circumstances for Aboriginal and Torres Strait Islander children and young people in care\n64—Additional requirements relating to reviews by the Contact Arrangements Review Panel in respect of Aboriginal and Torres Strait Islander children and young people\nDespite section 145, the following provisions apply to a panel convened by the Contact Arrangements Review Panel under that section to review a determination of the contact arrangements in respect of an Aboriginal or Torres Strait Islander child or young person:\n\t(a)\tthe panel must be constituted of a majority of Aboriginal or Torres Strait Islander people;\n\t(b)\tthe presiding member of the panel must be an Aboriginal or Torres Strait Islander person;\n\t(c)\tthe panel must, in accordance with any requirements set out in the regulations, consult with—\n\t(i)\tif, at the time of the review, there is a delegated decision maker in relation to the child or young person—the delegated decision maker; or\n\t(ii)\tin any other case—an Aboriginal or Torres Strait Islander organisation, or Aboriginal or Torres Strait Islander organisation of a class, prescribed by the regulations;\n\t(d)\tthe panel must comply with any other requirements prescribed by the regulations.\n65—Ongoing review of circumstances of certain Aboriginal and Torres Strait Islander children or young people\nWithout otherwise limiting section 146, the following additional provisions apply to a review of the circumstances of an Aboriginal or Torres Strait Islander child or young person under that section:\n\t(a)\tthe panel appointed to conduct the review must be constituted of at least 1 Aboriginal or Torres Strait Islander person;\n\t(b)\tthe panel may, but need not, consist of or include of a recognised Aboriginal or Torres Strait Islander entity;\n\t(c)\tin conducting the review, the panel must undertake such consultation as may be required by the regulations (being consultation with a recognised Aboriginal or Torres Strait Islander entity, or other entity, prescribed by the regulations).\n","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"State Strategy for the Safety and Support of Children and Young People","content":"Part 5—State Strategy for the Safety and Support of Children and Young People\nDivision 1—State Strategy for the Safety and Support of Children and Young People\n66—State Strategy for the Safety and Support of Children and Young People\n\t(1)\tThere is to be a State Strategy for the Safety and Support of Children and Young People.\n\t(2)\tThe State Strategy must include the following parts:\n\t(a)\ta part setting out the manner in which the State Strategy will be implemented;\n\t(b)\ta part setting out the intended outcomes in relation to the State Strategy and the measures to be used in relation to those outcomes;\n\t(c)\ta part setting out the roles and responsibilities of prescribed persons or bodies in respect of the following objectives:\n\t(i)\tthe reduction of risk factors that lead to child abuse and neglect;\n\t(ii)\tthe provision of targeted assistance to children and young people and their families to prevent children and young people from being in care;\n\t(iii)\tthe provision of priority support and services to children and young people in care, leaving care or who have left care;\n\t(d)\ta part setting out the manner in which, subject to this Act, government, local councils and non‑government organisations should collaborate in the provision of support and services to children and young people, and their families;\n\t(e)\tany other part prescribed by the regulations,\nand each part must specifically address Aboriginal and Torres Strait Islander children and young people.\n\t(3)\tThe State Strategy may incorporate or refer to such codes, standards, documents, policy statements, proposals or other matters as the Minister thinks fit.\n\t(4)\tEach prescribed person or body must, in performing its functions, have regard to, and seek to give effect to, the State Strategy (however, a prescribed person or body will be taken not to be in breach of this subsection if the person or body is acting in accordance with a requirement under this Act or any other Act or law).\n\t(5)\tIn this section—\nprescribed person or body means—\n\t(a)\ta State authority; and\n\t(b)\tany other person or body, or person or body of a class, prescribed by the regulations.\n67—Preparation of State Strategy\n\t(1)\tThe State Strategy is to be prepared by the Minister in accordance with this section.\n\t(2)\tIn preparing the State Strategy, the Minister—\n\t(a)\tmust, in accordance with any requirements set out in the regulations, consult with—\n\t(i)\tState authorities; and\n\t(ii)\tthe Commissioner for Children and Young People; and\n\t(iii)\tthe Commissioner for Aboriginal Children and Young People; and\n\t(iv)\tthe Guardian for Children and Young People; and\n\t(v)\tthe peak bodies prescribed by the regulations; and\n\t(vi)\tAboriginal and Torres Strait Islander persons and organisations; and\n\t(vii)\tpeople, including children and young people, who have experiences of being in care under this Act or a repealed Act; and\n\t(viii)\tany other person or body prescribed by the regulations; and\n\t(b)\tmay consult with any other person or body the Minister thinks fit.\n\t(3)\tThe Minister must cause the State Strategy to be published—\n\t(a)\tby notice in the Gazette; and\n\t(b)\ton a website determined by the Minister.\n\t(4)\tThe State Strategy has effect from the day on which it is published by notice in the Gazette.\n\t(5)\tThe Minister must, within 6 sitting days after the State Strategy is published in the Gazette, cause a copy of the State Strategy to be laid before both Houses of Parliament.\n\t(6)\tA failure of the Minister to comply with a requirement of this section does not, of itself, affect the validity of the State Strategy.\n68—Annual report on State Strategy\n\t(1)\tThe Chief Executive must, on or before 31 December in each year, report to the Minister on the operation of the State Strategy and this Part during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the Chief Executive, cause a copy of the report to be laid before both Houses of Parliament.\n69—Review of State Strategy\n\t(1)\tThe Minister must, at least once in each 5 year period, cause the State Strategy to be reviewed in accordance with any requirements set out in the regulations, and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament.\nDivision 2—Children and Young People Safety and Support Plans\n70—Application of Division\n\t(1)\tThis Division applies to the following persons and bodies:\n\t(a)\ta prescribed State authority;\n\t(b)\tany other person or body prescribed by the regulations.\nprescribed State authority means—\n\t(a)\tthe administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and\n\t(b)\tthe administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and\n\t(c)\tthe administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and\n\t(d)\tthe administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and\n\t(e)\tany other State authority prescribed by the regulations for the purposes of this paragraph.\n71—Children and Young People Safety and Support Plans\n\t(1)\tThere is to be a Children and Young People Safety and Support Plan for each person or body to whom this Division applies.\n\t(2)\tA Children and Young People Safety and Support Plan is to be prepared by the relevant person or body in accordance with this section.\n\t(3)\tA Children and Young People Safety and Support Plan must set out—\n\t(a)\tthe manner in which the person or body proposes to give effect to the State Strategy; and\n\t(b)\tthe manner in which the person or body proposes to implement the objectives set out in section 66(2)(c); and\n\t(c)\tthe intended outcomes in relation to such implementation and the measures to be used in relation to those outcomes; and\n\t(d)\tany other matter required by the regulations.\n\t(4)\tIn preparing a Children and Young People Safety and Support Plan, a prescribed State authority must consult with such persons or bodies as may be prescribed by the regulations.\n\t(5)\tA prescribed State authority must publish its Children and Young People Safety and Support Plan on a website determined by the prescribed State authority.\n72—Annual report on operation of Children and Young People Safety and Support Plans\n\t(1)\tEach prescribed State authority must, on or before 31 October in each year, report to the Chief Executive on the operation of its Children and Young People Safety and Support Plan during the preceding financial year (including a summary of the extent to which the Plan has been implemented by the prescribed State authority).\n\t(2)\tA person or body to whom this Division applies (other than a prescribed State authority) may report to the Chief Executive in accordance with subsection (1).\n\t(3)\tThe Chief Executive must, on or before 31 December in each year, provide to the Minister a report summarising the reports received under this section in respect of the preceding financial year.\n\t(4)\tA report under subsection (3) may be combined with a report under section 68(1).\n\t(5)\tThe Minister must, within 6 sitting days after receiving a report from the Chief Executive under subsection (3), cause a copy of the report to be laid before both Houses of Parliament (and, if the report is combined with a report under section 68(1), then the requirement of this subsection will be satisfied on the report being laid before both Houses of Parliament in accordance with that section).\n73—Review of Children and Young People Safety and Support Plans\n\t(1)\tA prescribed State authority must cause a review of its Children and Young People Safety and Support Plan to be undertaken at least once in each 5 year period, and a report on the review to be prepared and submitted to the prescribed State authority.\n\t(2)\tThe prescribed State authority must cause a copy of the report submitted under subsection (1) to be provided to the Minister as soon as is reasonably practicable after receiving the report. \n","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Providing safe environments for children and young people","content":"Part 6—Providing safe environments for children and young people\n74—Certain organisations must have policies and procedures to ensure safe environments provided\n\t(1)\tA prescribed organisation must, in accordance with any requirements 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 Part 7 Division 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)\tpolicies and procedures designed to ensure that culturally safe environments for Aboriginal or Torres Strait Islander children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation;\n\t(d)\tsuch other policies and procedures as may be required by the regulations.\n\t(2)\tA prescribed organisation may, in accordance with any requirements set out in the regulations, from time to time vary or substitute a policy or procedure 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.\n\t(4)\tA statement required under subsection (3) must—\n\t(a)\tbe provided in a manner and form determined by the Chief Executive; and\n\t(b)\tif 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)\tcomply with any other requirements set out in the regulations.\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, or undertakes, or is to undertake, an activity, 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, in accordance with any requirements set out in the regulations, review the policies and procedures prepared or adopted under subsection (1) at least once in every 5 year period.\n\t(7)\tA prescribed organisation must not refuse or fail to comply with a requirement under this section.\nprescribed organisation means—\n\t(a)\ta State authority; or\n\t(b)\ta person or body who provides a service or undertakes an activity that constitutes child‑related work within the meaning of the Child Safety (Prohibited Persons) Act 2016; or\n\t(c)\tany other person or body, or person or body of a class, prescribed by the regulations,\nbut does not include a person or body, or person or body of a class, prescribed by the regulations to be excluded from this definition.\n","sortOrder":15},{"sectionNumber":"Part 7","sectionType":"part","heading":"Protecting children and young people at risk of harm or significant harm","content":"Part 7—Protecting children and young people at risk of harm or significant harm\nDivision 1—Reporting suspicion that child or young person at risk of significant harm\n75—Application of Division\nThe requirements under this Division are in addition to—\n\t(a)\tthe duty of every person to safeguard and promote the outcomes set out in section 9(2), and in particular the outcome that children and young people be kept safe from harm; and\n\t(b)\tany duty a person may have to promote and ensure the safety and wellbeing of children and young people.\n76—Certain persons must report suspicion that child or young person may be at risk of significant harm\n\t(1)\tA prescribed person must, if—\n\t(a)\tthe person suspects on reasonable grounds that a child or young person is, or may be, at risk of significant harm; 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 prescribed person need not report a suspicion under subsection (1)—\n\t(a)\tif they have previously reported their suspicion in accordance with that subsection or a repealed Act and the circumstances to which the suspicion relates have not changed to a substantial extent; or\n\t(b)\tif they believe on reasonable grounds that another person has reported the matter in accordance with that subsection or a repealed Act; or\n\t(c)\tif their 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(d)\tif they believe on reasonable grounds that the Department is already aware of the information that forms the basis of the person's suspicion; or\n\t(e)\tin any other circumstances prescribed by the regulations.\n\t(3)\tA prescribed person may (but need not), if—\n\t(a)\tthe person suspects on reasonable grounds that an unborn child is at risk of harm in respect of their physical or psychological development (whether due to an act or omission of a parent 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;\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)\treporting their suspicion to a person of a class, or a person 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 prescribed by the regulations,\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 a parent 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—\n\t(a)\tmaking a report in accordance with subsection (4) if the person is concerned about the safety or wellbeing of a child or young person; or\n\t(b)\treporting or referring a matter to any other appropriate person or body under any other Act (in addition to making a report under this section).\n\t(6)\tTo avoid doubt, compliance with the requirements of this section does not necessarily exhaust a duty of care that may be owed to a child or young person by a prescribed person.\n\t(7)\tA person who makes a report under this section will not be liable for any civil or criminal action by reason of the making of the report (including, to avoid doubt, an action for defamation).\n\t(8)\tThis section does not limit or derogate from any other provision of this Act or any other Act.\n\t(9)\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(a)\tis a self‑employed person; or\n\t(b)\tcarries out work under a contract for services; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\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.\n\t(10)\tIn this section—\nallied health professional means—\n\t(a)\tan art or creative therapist; or\n\t(b)\tan audiologist; or\n\t(c)\ta Bowen therapist; or\n\t(d)\ta counsellor; or\n\t(e)\ta dietitian; or\n\t(f)\tan exercise physiologist; or\n\t(g)\ta genetic counsellor; or\n\t(h)\ta music therapist; or\n\t(i)\tan orthoptist; or\n\t(j)\ta prosthetist/orthotist; or\n\t(k)\ta rehabilitation counsellor; or\n\t(l)\ta social worker; or\n\t(m)\ta sonographer; or\n\t(n)\ta speech pathologist;\nprescribed person means—\n\t(a)\ta registered health practitioner (within the meaning of the Health Practitioner Regulation National Law); or\n\t(b)\tan allied health professional; or\n\t(c)\ta police officer; or\n\t(d)\ta community corrections officer under the Correctional Services Act 1982; or\n\t(e)\ta minister of religion; or\n\t(f)\tan employee of, or a volunteer in, an organisation formed for religious or spiritual purposes; or\n\t(g)\ta teacher employed as such in a school (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011) or a preschool or kindergarten; or\n\t(h)\tan employee of, or a volunteer in, an organisation that provides health, welfare, education, sporting, recreational, child care or residential services wholly or partly for children or young people, being a person who—\n\t(i)\tprovides such services directly to children or 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 or young people; or\n\t(i)\tany other person, or person of a class, prescribed by the regulations.\nDivision 2—Responding to reports indicating children and young people at risk of harm\n77—Assessment of reports indicating child or young person at risk of harm\n\t(1)\tSubject to subsection (2), the Chief Executive must cause—\n\t(a)\teach report made under section 76; and\n\t(b)\tany other report (including, to avoid doubt, a quality of care report) made to the Department that a child or young person may be at risk of harm (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)\tIf more than 1 report is made (whether under section 76 or otherwise, and whether or not by same person) in relation to the same circumstances, the Chief Executive may treat the reports as a single report (and, for the purposes of this Act, a reference to a report will be taken to include a reference to all such reports).\n\t(3)\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).\n78—Chief Executive must take certain actions following assessment if child or young person at risk of harm\n\t(1)\tWithout limiting any other action that may be taken by the Chief Executive, if on completion of an assessment under section 77 the Chief Executive suspects that a child or young person is at risk of harm, the Chief Executive—\n\t(a)\tif the report is a quality of care report—must cause an action to be taken in accordance with the Quality of Care Report Guidelines; or\n\t(b)\tin any other case—must cause 1 or more of the following actions to be taken:\n\t(i)\tan assessment of the circumstances of the child or young person under section 79;\n\t(ii)\tif the Chief Executive is satisfied that an assessment under section 79 is unnecessary, having regard to such of the circumstances of the child or young person as may already be known to the Chief Executive—a response that, in the opinion of the Chief Executive, more appropriately addresses the risk to the child or young person;\n\t(iii)\ta referral of the matter to an appropriate State authority under section 80;\n\t(iv)\tan application to the Minister to give a direction under section 21 in relation to the matter;\n\t(v)\tif the Chief Executive is satisfied that—\n\t(A)\tthe matter has previously been dealt with under this Act or a repealed Act and there is no reason to reexamine the matter; or\n\t(B)\tthe nature of the harm or potential harm to which the matter relates is such that it would not be expected to have a significant adverse impact on the child or young person's safety or wellbeing; or\n\t(C)\tit is not reasonably practicable for further action to be taken in respect of the matter; or\n\t(D)\tthe matter is trivial, vexatious or frivolous,\nthe Chief Executive may decline to take further action.\n\t(2)\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 made to the Department; and\n\t(b)\tcause statistical information relating to action taken under this section to be included in the annual report under section 28.\n79—Chief Executive may assess circumstances of child or young person\n\t(1)\tSubject to this Act, the Chief Executive may cause an assessment of the circumstances of a child or young person to be carried out—\n\t(a)\tif a report is made under section 76 and the Chief Executive suspects on reasonable grounds that the child or young person may be at risk of harm; or\n\t(b)\tif the Court makes an order under section 115; or\n\t(c)\tin any other circumstances that the Chief Executive thinks appropriate.\n\t(2)\tThe Chief Executive must cause an assessment of 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 the child or young person.\n\t(3)\tWithout limiting any other provision of this Act, the Chief Executive or a child protection officer, may in relation to an assessment referred to in subsection (1)(b), direct any person who has examined, assessed or treated a person who is a party to the application for the order under section 115 to provide to the Chief Executive a written report of that examination, assessment or treatment.\n\t(4)\tA person must not, without reasonable excuse, refuse or fail to comply with a direction under this section.\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(5)\tSubsection (4) does not apply to a child or young person to whom a direction is given under this section.\n\t(6)\tThe regulations may make further provisions relating to an assessment under this section.\n80—Referral of matter to other State authority\n\t(1)\tIf, following an assessment of a matter under section 77, 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 of the opinion that it is 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.\n81—Direction that child or young person be examined, assessed or treated\n\t(1)\tThis section applies to the following children and young people:\n\t(a)\ta child or young person who is, having been removed under section 87, in the custody of the Chief Executive;\n\t(b)\ta child or young person in relation to whom an order of the Court under Part 10 authorising examination or assessment is in force;\n\t(c)\ta child or young person in relation to whom an instrument of guardianship or a restraining notice is in force;\n\t(d)\tif the Chief Executive determines that it is, having regard to the operation of Part 2 and Part 4 (if applicable), necessary or appropriate for a child or young person to be examined or assessed—that child or young person.\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 that the child or young person 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 or assessed.\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 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, if a person is to examine, assess or treat a child or young person in accordance with this section, the consent of the child or young person's parent or guardian is not required in order for the examination, assessment or treatment to take place.\n\t(6)\tNothing in this section limits the Criminal Law (Forensic Procedures) Act 2007.\n\t(7)\tA person who examines, assesses or treats a child or young person in accordance with this section must, as soon as reasonably practicable after doing so, provide to the Chief Executive a written report on the examination, assessment or treatment.\n82—Direction that person undergo certain assessments\n\t(1)\tIf the Chief Executive reasonably suspects that a child or young person (not being an unborn child) is at risk of harm as a result of the use of alcohol or other drug (or both) by a parent, guardian or other person, the Chief Executive may, by notice in writing, direct the person to undergo an approved drug and alcohol assessment.\n\t(2)\tIf the Chief Executive reasonably suspects that a child or young person (not being an unborn child) is at risk of harm 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 person to undergo an approved parenting capacity assessment.\n\t(3)\tIf the Chief Executive reasonably suspects that a child or young person (not being an unborn child) is at risk of harm as a result of impaired mental health 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 person to undergo an approved mental health assessment.\n\t(4)\tA person must not refuse or fail to comply with a direction under this section.\n\t(5)\tA notice under this section must set out the information (if any) required by the regulations.\n\t(6)\tFor the purposes of this section—\n\t(a)\ta 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; and\n\t(b)\ta reference to an approved mental health assessment will be taken to be a reference to a mental health assessment of a kind approved by the Chief Executive by notice in the Gazette; and\n\t(c)\ta 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.\n83—Random drug and alcohol testing\n\t(a)\ta person who the Chief Executive reasonably suspects is putting a child or young person (not being an unborn child) at risk of harm as a result of the person's use of alcohol or other drug (or both); or\n\t(b)\tany other person, or person of a class, prescribed by the regulations.\n\t(2)\tThe Chief Executive may, by notice in writing and in accordance with the scheme set out in the regulations, require a person to whom this section applies to take part in random drug and alcohol testing and, for that purpose, to take the action, and within the period, specified in the notice.\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 specified forensic material for the purposes of this Act; and\n\t(b)\trequiring 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)\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(5)\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(6)\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.\n84—Direction that person undertake rehabilitation program\n\t(1)\tThe Chief Executive may, by notice in writing, direct a person to whom section 83 applies to undertake a specified approved drug and alcohol rehabilitation program.\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.\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.\n85—Forensic material not to be used for other purposes and test results not admissible 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.\n86—Destruction of forensic material\nAny person or body who is in possession of 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 must ensure that such forensic material is destroyed in accordance with any requirements set out in the regulations.\nDivision 3—Removal of children and young people\n87—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 is at risk of significant harm; and\n\t(b)\tit is necessary to remove the child or young person in order to protect them from significant harm or further significant 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)\tDespite any other provision of this Act, a child protection officer must, in determining whether to remove a child or young person under subsection (1), always prioritise the safety of the child or young person.\nSee section 10.\n\t(3)\tIf a child protection officer believes on reasonable grounds—\n\t(a)\tthat a child or young person would, if the child or young person were residing with a specified person with whom the child or young person ordinarily resides, or with whom the child or young person is likely to reside, be at risk of significant harm; and\n\t(b)\tthe child or young person is residing with a person other than the specified person; and\n\t(c)\tthe child protection officer does not consider it to be in the best interests of the child or young person to be removed from that location,\nthe child protection officer may, instead of removing the child or young person in accordance with subsection (1) but acting in accordance with any requirements set out in the regulations, issue a notice (a custody notice) placing the child or young person in the custody of the Chief Executive.\n\t(4)\tWithout limiting the generality of a preceding subsection, the regulations may set out circumstances in which 1 or more of the requirements under those subsections will be taken to have been satisfied.\n\t(5)\tIf a child or young person contemplated by subsection (1)—\n\t(a)\tis admitted to a hospital for medical treatment; or\n\t(b)\tis residing at any other prescribed premises, or is residing at premises for treatment of a prescribed kind,\nand the child protection officer does not consider it to be in the best interests of the child or young person to be removed from that location, the child protection officer may, instead of removing the child or young person in accordance with subsection (1) but acting in accordance with any requirements set out in the regulations, issue a notice (a custody notice) placing the child or young person in the custody of the Chief Executive.\n\t(6)\tA custody notice issued under this section must be served on—\n\t(a)\tif the child or young person is of or above 10 years of age—the child or young person; and\n\t(b)\tin the case of a custody notice issued under subsection (3)—the person with whom the child or young person is residing; and\n\t(c)\tin the case of a custody notice issued under subsection (5)—the person in charge of the hospital or other premises.\n\t(7)\tThe Chief Executive has custody of a child or young person—\n\t(a)\tin the case of a child or young person removed in accordance with subsection (1)—from the time at which the child or young person is removed under that subsection; or\n\t(b)\tin the case of a child or young person in relation to whom a custody notice is issued under subsection (3) or (5)—from the time at which the custody notice is issued.\n\t(8)\tA child protection officer who is a police officer below the rank of inspector may only remove a child or young person or issue a custody notice in relation to 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(9)\tA child protection officer who is an employee of the Department may only remove a child or young person or issue a custody notice in relation to a child or young person with the Chief Executive's prior approval.\n\t(10)\tSubsections (8) and (9) do not apply if the police officer or child protection officer (as the case may be) believes on reasonable grounds that the delay involved in seeking prior approval would significantly increase the risk of significant harm, or further significant harm, being caused to the child or young person.\n88—Action following removal etc of child or young person\n\t(1)\tA child or young person removed under section 87, or in relation to whom a custody notice is issued under that section, is, by force of this subsection, in the custody of the Chief Executive until—\n\t(a)\tthe child or young person is returned to the custody of a parent or guardian; or\n\t(b)\tan order of the Court is made in relation to the custody or guardianship of the child or young person; or\n\t(c)\tthe end of the fifth business day following the day on which the child or young person was removed or the custody notice issued,\n\t(2)\tHowever, a child or young person must not be returned to the custody of a parent or guardian if the Chief Executive or a child protection officer (as the case may be) reasonably suspects that, if the child or young person were to be so returned, the child or young person would be at risk of harm.\nDivision 4—Intervention if parent of child or young person found guilty of certain offences\n89—Interpretation\ninstrument period means the period commencing at the time an instrument of guardianship—\n\t(a)\tis served on the offender in accordance with section 91(4)(a); or\n\t(b)\tis lodged with the Court in accordance with section 91(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 93);\nparent, of a child or young person, does not include—\n\t(a)\ta step‑parent of the child or young person; or\n\t(b)\ta person who stands in loco parentis to the child or young person;\nqualifying offence means any of the following offences (whether committed before or after the commencement of this Division) where the victim was a child or young person and the offender was a parent of the child or young person:\n\t(a)\tmurder;\n\t(b)\tmanslaughter;\n\t(c)\tan offence against any of the following sections of the Criminal Law Consolidation Act 1935:\n\t(i)\tsection 14 (criminal neglect);\n\t(ii)\tsection 20A (choking, suffocation or strangulation in a domestic setting);\n\t(iii)\tsection 23 (causing serious harm);\n\t(iv)\tsection 29(1) or (2) (acts endangering life or creating risk of serious harm);\n\t(v)\tsection 48 (rape);\n\t(vi)\tsection 48A (compelled sexual manipulation);\n\t(vii)\tsection 49 (unlawful sexual intercourse);\n\t(viii)\tsection 50 (sexual abuse of a child);\n\t(ix)\tsection 51 (sexual exploitation of person with a cognitive impairment);\n\t(x)\tsection 56 (indecent assault);\n\t(xi)\tsection 58 (acts of gross indecency);\n\t(xii)\tsection 59 (abduction of male or female person);\n\t(xiii)\tsection 60 (procuring sexual intercourse);\n\t(xiv)\tsection 63 (production or dissemination of child exploitation material);\n\t(xv)\tsection 63B (procuring child to commit indecent act etc);\n\t(xvi)\tsection 66 (sexual servitude and related offences);\n\t(xvii)\tsection 67 (deceptive recruiting for commercial sexual services);\n\t(xviii)\tsection 68 (use of children in commercial sexual services);\n\t(xix)\tsection 72 (incest);\n\t(d)\tan offence under a previous enactment that corresponds to an offence referred to in a preceding paragraph;\n\t(e)\tan offence constituted of an attempt to commit an offence referred to in a preceding paragraph;\n\t(f)\tany other offence prescribed by the regulations;\n\t(g)\tan offence under the law of another jurisdiction that corresponds to an offence referred to in a preceding paragraph;\nrestraining notice period means the period commencing at the time at which the restraining notice is served on the offender in accordance with section 92(4)(a) and ending 60 days later (or such longer period as may be allowed by the Court on an application under section 93).\n90—Chief Executive to be notified if person found guilty of qualifying offence\nIf a person is found guilty of a qualifying offence, the Courts Administration Authority must ensure that the prescribed information relating to the finding of guilt is provided to the Chief Executive as soon as is reasonably practicable after the finding of guilt.\n91—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 22 October 2018 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 instrument 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 under this section must—\n\t(a)\tbe served on the offender as soon as practicable after it has been issued; and\n\t(b)\tbe 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 this Act 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 of or guardianship for 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 94 in relation to an instrument of guardianship is made to the Court, any application to the Court required under section 122 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.\n92—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 person of a specified class);\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 must—\n\t(a)\tbe served on the offender as soon as practicable after it has been issued; and\n\t(b)\tbe 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 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 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.\n93—Extension of periods for instruments and notices\nThe Court may, on application by the Chief Executive, extend an instrument period or a restraining notice period if satisfied that it is appropriate to do so.\n94—Application for Court orders to be made if instrument of guardianship or restraining notice issued\nThe Chief Executive must, as soon as is reasonably practicable (and, in any case, within the applicable instrument period or restraining notice period) after an instrument of guardianship or a restraining notice in relation to a child or young person has been issued, apply for an order or orders of an appropriate kind under Part 10 in relation to the child or young person.\nOrders revoking or varying instruments of guardianship or restraining notices may also be made by the Court under Part 10.\n","sortOrder":16},{"sectionNumber":"Part 8","sectionType":"part","heading":"Family group conferences","content":"Part 8—Family group conferences\n95—Application of Part\nThis Part applies in relation to a child or young person whether or not they are, or are to be, in care.\n96—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 (being arrangements that are consistent with the requirements of this Act); and\n\t(c)\tto review those arrangements from time to time.\n\t(2)\tSubject to this Act, a failure to hold a family group conference does not, of itself, affect the validity of an application for an order of the Court under this Act, nor any such order.\n97—Family Group Conference Guidelines\n\t(1)\tThe Chief Executive must publish guidelines (the Family Group Conference Guidelines) relating to the conduct of family group conferences under this Act.\n\t(2)\tWithout limiting the matters that may be included in the Family Group Conference Guidelines, the guidelines must—\n\t(a)\tset out the people who are entitled to attend family group conferences; and\n\t(b)\tset out how valid decisions are made at family group conferences; and\n\t(c)\tprovide for the keeping of records of decisions made at family group conferences; and\n\t(d)\tset out how and when reviews of arrangements made at family group conferences are to be conducted; and\n\t(e)\tcomply with any other requirements set out in the regulations.\n\t(3)\tThe Family Group Conference Guidelines may make different provision according to the children or young people, or matters or circumstances, to which they are expressed to apply.\n98—Chief Executive may convene family group conference\n\t(1)\tThe Chief Executive may convene a family group conference in respect of a child or young person if—\n\t(a)\tthe Chief Executive suspects that the child or young person is at risk of harm; and\n\t(b)\tthe Chief Executive is of the opinion that it would be appropriate in all of the circumstances to make arrangements in relation to the care of the child or young person by means of a family group conference.\n\t(2)\tThe Chief Executive may convene a family group conference in respect of an unborn child if—\n\t(a)\tthe Chief Executive suspects that there is a risk of harm to the physical or psychological development of the unborn child (whether due to an act or omission of a parent or otherwise); and\n\t(b)\tthe Chief Executive is of the opinion that it would be appropriate in all of the circumstances to make arrangements in relation to the care of the unborn child once born by means of a family group conference.\n\t(3)\tA family group conference is to be conducted by a coordinator nominated by the Chief Executive.\n99—Procedures and attendees at family group conferences\n\t(1)\tA family group conference is to be conducted by the coordinator of the family group conference in accordance with the Family Group Conference Guidelines.\n\t(2)\tSubject to this Act and the Family Group Conference Guidelines, the coordinator of a family group conference may determine the procedures of the conference.\n\t(3)\tThe coordinator of a family group conference may exclude a person entitled to attend a family group conference under the Family Group Conference Guidelines (including, to avoid doubt, the child or young person to whom the conference relates or the child or young person's parents or guardians) from attending a family group conference if the coordinator is satisfied that to do so would be in the best interests of the child or young person.\n\t(4)\tThe coordinator of a family group conference must, in respect of the attendees at (or persons to be excluded from attending) the conference, consult with the child or young person and other persons (if any) in accordance with the Family Group Conference Guidelines.\n\t(5)\tThe coordinator 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 the child or young person's parents or guardians; and\n\t(b)\ta person who is entitled to attend the conference is given notice in accordance with the Family Group Conference Guidelines; 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(6)\tHowever, the coordinator of a family group conference need not comply with subsection (5)(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.\n100—Chief Executive etc to give effect to decisions of family group conferences\n\t(1)\tSubject to this Act, the Chief Executive and State authorities should perform their functions so as to give effect to valid decisions made at a family group conference.\n\t(2)\tHowever, if a valid decision is made at a family group conference but is not implemented or complied with, the Chief Executive may apply for such an order of the Court under Part 10 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.\n101—Statements made at family group conferences 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 proceedings for the purpose of establishing that those decisions were made.\n","sortOrder":17},{"sectionNumber":"Part 9","sectionType":"part","heading":"Voluntary custody agreements","content":"Part 9—Voluntary custody agreements\n102—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 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 of the child or young person (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 16 years of age.\n\t(4)\tA voluntary custody agreement in relation to a child or young person of or above 16 years of age can only be entered into, or extended, with the consent of the child or young person (however, the consent of the child or young person is not required if the child or young person lacks the capacity to consent to such an agreement).\n\t(5)\tIf the Chief Executive is satisfied that a child or young person under 16 years of age 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 of the child or young person 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 in the custody, or under the guardianship, 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 16 years of age, 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 (unless the child or young person lacks the capacity to understand the nature of terminating the agreement, in which case the Chief Executive is not obliged to so terminate the agreement).\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).\n","sortOrder":18},{"sectionNumber":"Part 10","sectionType":"part","heading":"Proceedings before the Youth Court of South Australia","content":"Part 10—Proceedings before the Youth Court of South Australia\nDivision 1—Parties and procedures etc in relation to Court orders\n103—Application for Court orders\n\t(1)\tAn application for an order under this Part 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 an order.\n\t(2)\tSubject to this section, an application for an order under this Part (other than an order under section 115) may be made—\n\t(a)\tif the applicant—\n\t(i)\treasonably suspects that a child or young person is at risk of harm; and\n\t(ii)\tis of the opinion that the making of such an order is necessary or appropriate to—\n\t(A)\tprotect the child or young person from harm; or\n\t(B)\tallow 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; and\n\t(ii)\tit would be in the best interests of the child or young person for the arrangements to be the subject of such an order; or\n\t(c)\tif the applicant is acting under Division 5; 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(3)\tAn application for an order under section 115 may be made if the applicant is of the opinion—\n\t(a)\tthat there is information or evidence leading to a reasonable suspicion that a child or young person is at risk of harm; and\n\t(b)\tthat further assessment of the matter is warranted; and\n\t(c)\tthat—\n\t(i)\tthe assessment cannot properly proceed without an order of the Court under section 115; or\n\t(ii)\tit is desirable that the child or young person be protected from the potential risk of harm while the matter is being assessed.\n\t(4)\tWithout limiting any other provision of this Part, a person may apply for more than 1 order, or more than 1 kind of order, in a single application made to the Court.\n\t(5)\tBefore applying for a prescribed Court order in relation to a child or young person removed under this Act, the Chief Executive must assess the viability of reunification and, if reunification is viable, the period within which reunification is likely to occur.\nprescribed Court order means the following orders of the Court:\n\t(a)\tan order placing a child or young person under the guardianship of the Chief Executive or another person (except a specified person guardianship order made under section 128);\n\t(b)\tan order granting custody of a child or young person to the Chief Executive or another person;\n\t(c)\tany other order prescribed by the regulations.\n104—Parties to proceedings\n\t(1)\tEach of the following persons is a party to an application for an order in relation to a child or young person under this Part, or for the variation, extension or revocation of such an order:\n\t(a)\tthe applicant;\n\t(b)\tthe child or young person;\n\t(c)\teach parent or guardian of the child or young person;\n\t(d)\tin the case of an application for a specified person guardianship order, or an order placing the child or young person in the custody, or under the guardianship, of a specified person or persons—each person under whose custody or guardianship the child or young person is to be placed under the order sought;\n\t(e)\tin the case of an application for revocation or discharge of a specified person guardianship order—the Chief Executive.\n\t(2)\tIf the Court is satisfied in any proceedings that it should make an order under this Part 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.\n105—Copy of application to be served on parties\n\t(1)\tA copy of an application for an order under section 115 or 116, 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 10 years of age—the child or young person to whom the application relates; 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 person, or the whereabouts of the person cannot, after reasonable enquiries, be ascertained, the copy of the application may instead be served on that person in accordance with section 51(2)(b) or (c) of the Legislation Interpretation Act 2021 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 115 or 116 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.\n106—Approved carers to be provided opportunity to be heard\n\t(1)\tWithout limiting any other provision of this Act, the Court should, unless the Court is of the opinion that it would not be in the best interests of the child or young person to do so, allow an approved carer of a child or young person a reasonable opportunity to make representations to the Court in any proceedings relating to the child or young person under this Act.\n\t(2)\tThe Court may determine the manner and form in which such representations are to be heard.\n107—Other interested persons may be heard\n\t(1)\tIn 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.\n\t(2)\tThe Court may determine the manner and form in which such submissions are to be heard.\n108—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.\n109—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.\n110—Duties of legal practitioners 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, in the case of a child or young person who is 10 or more years of age, take reasonable steps to meet with the child or young person;\n\t(b)\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(c)\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, having regard to Part 2;\n\t(d)\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(e)\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 contents and effect of any documents given to, or orders relating to, the child or young person under this Act;\n\t(f)\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.\n111—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; or\n\t(c)\tthe child or young person has expressed a desire to not do so.\n\t(3)\tSubsection (1) applies whether or not the child or young person is represented by a legal practitioner in the proceedings.\nDivision 2—Case management\n112—Expeditious hearings and 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)\tWithout 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.\n\t(4)\tThe Court may, on an adjournment, make such of the orders it is empowered to make under this Part as it thinks appropriate.\n113—Conferences of parties\n\t(1)\tThe Court may, if the Court considers it desirable to do so, convene a conference between the parties to proceedings for the purpose of determining the matters that are in dispute in the proceedings, or resolving any such matters.\n\t(2)\tA conference may be convened before or during the hearing of proceedings.\n\t(3)\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(4)\tA conference is to be conducted in accordance with any rules determined by the Court.\n\t(5)\tCounsel for parties to the proceedings are to be admitted to such a conference.\n\t(6)\tEvidence of anything said or done at such a conference is, except by consent of all parties to the proceedings, not admissible in the proceedings.\nDivision 3—Court may convene family group conference\n114—Court may convene family group conference\n\t(1)\tThe Court may, if the Court considers that it would be appropriate in all of the circumstances to make arrangements in relation to the care of a child or young person by means of a family group conference, convene a family group conference in respect of the child or young person.\n\t(2)\tA family group conference convened under subsection (1) is to be conducted by a coordinator nominated by the Judge of the Court.\n\t(3)\tSubject to this Act, the provisions of Part 8 (including, in the case of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person, any modifications made by Part 4) apply to a family group conference convened by the Court under this section as if it were a conference convened by the Chief Executive under that Part.\nDivision 4—Court orders\n115—Assessment orders\n\t(1)\tThe Court may, on an application under this Part, make an order (an assessment order) granting custody of a specified child or young person to the Chief Executive for a specified period not exceeding 8 weeks to enable an assessment of the circumstances of the child or young person to be carried out.\n\t(2)\tThe Court may only make an assessment order in relation to a particular child or young person once in any 6 month period.\n\t(3)\tAn application for an assessment order—\n\t(a)\tmay only be adjourned once (and the period of adjournment cannot exceed 7 days); and\n\t(b)\tmust be determined within 2 weeks after the application is made.\n\t(4)\tThe Court may, on an application by the Chief Executive, extend the period that an assessment order remains in force for an additional period not exceeding 4 weeks.\n\t(5)\tThe Court may, on making an assessment order, make such ancillary orders as the Court thinks fit (including, to avoid doubt, orders authorising the Chief Executive to take such action as may be reasonably necessary to facilitate the assessment).\n\t(6)\tAn order made by the Court under this section is not subject to appeal.\n116—Other orders that may be made by Court\n\t(1)\tIf, on an application under this Act and having regard to Part 2, 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 or mental health 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 set out in section 5(2)(c)(i) or (ii)—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;\nThis is also a specified person guardianship order.\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 for a specified period;\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 a specified course of instruction or a programmed activity in order to increase their capacity to care for the child or young person.\n\t(2)\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.\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 subsection (4).\n\t(3)\tSubject to this section, an order under this section has effect for the period specified in the order.\n\t(4)\tIf the Court places a child or young person under the guardianship of the Chief Executive or any other person or persons, 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.\n\t(5)\tAn order under this section ceases to have effect when the child or young person to whom the order relates attains 18 years of age.\n117—Interim orders\n\t(1)\tThe Court may make such interim orders in relation to an application under this Part as the Court thinks fit.\n\t(2)\tHowever, interim orders relating to an assessment order must not be inconsistent with section 115.\n118—Limitations on orders that may be made by Court\n\t(1)\tNothing in this Act authorises the Court to make orders of the following kinds (including in an interim order, or as part of any other order, under this Part):\n\t(a)\tan order relating to the placement (including removing a child or young person from a particular placement) of a child or young person who is in the custody, or under the guardianship, of the Chief Executive;\n\t(b)\tan order making contact arrangements (however described) in respect of a child or young person (including by varying or revoking arrangements made by the Chief Executive);\nand, to the extent that an order of the Court purports to do so, the order will be void and of no effect.\n\t(2)\tThe Court must not, on an application for an order placing a child or young person in the custody, or under the guardianship, of a person, place a child or young person in the custody, or under the guardianship, of a person other than a person specified in the application except with the agreement of the Chief Executive.\n119—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 Part 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 Part 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 116 (however the interim orders will only have effect for the period of the adjournment).\n120—Consent orders\n\t(1)\tWithout limiting section 118 or 119, the Court may, in proceedings under this Act, make an order under this Part with the consent of such of the parties to the proceeding who participate in the proceedings.\n\t(2)\tAn order may be made without consideration of the matters that the Court must otherwise consider in the proceeding.\n121—Court may make declaration as to name of child or young person\n\t(1)\tWithout limiting the orders that can be made under this Part, 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,\nthe Court may make a declaration of the name by which the child or young person is to be known.\n\t(2)\tHowever, the Court may only make a declaration under this section if the Court is satisfied that it is in the best interests of the child or young person to do so.\n\t(3)\tIf the Court makes a declaration under this section—\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 set out 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(4)\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(5)\tNothing in this section prevents the name of a child or young person being later changed in accordance with the law of the State.\n122—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 made under this Part.\n\t(2)\tThe Court may, on an application by the Chief Executive, discharge an order made under this Part.\n123—Orders for costs\nIf the Court dismisses an application for an order under section 116 (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.\n124—Noncompliance with orders\n\t(1)\tA person who, having been personally served with an order made by the Court under this Part, contravenes the order is guilty of an offence.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tHowever, subsection (1) does not apply to the child or young person to whom the order relates.\nDivision 5—Specified person guardianship orders\n125—Certain approved carers may apply to Chief Executive to seek specified person 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 under this Division for a specified person guardianship order placing the child or young person under the guardianship of the proposed guardian until they attain 18 years of age.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmust be made in a manner and form determined by the Chief Executive; and\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 under subsection (1)—\n\t(a)\tcause 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; and\n\t(b)\tmake a determination as to whether, in the opinion of the Chief Executive, the proposed guardian is suitable to be the guardian of the child or young person.\n126—Guardianship care plan to be prepared\n\t(1)\tIf the Chief Executive determines that the proposed guardian is suitable to be the guardian of the child or young person to whom an application relates, the Chief Executive must cause a plan (a guardianship care plan) to be prepared in respect of the child or young person.\n\t(2)\tA guardianship care plan must contain the information required by the regulations (and may contain any other information the Chief Executive thinks fit).\n127—Chief Executive to apply to Court for specified person guardianship order\n\t(1)\tSubject to this Act, the Chief Executive must, on completion of the preparation of a guardianship care plan in respect of a child or young person, apply to the Court for a specified person guardianship order and any other order under this Part that the Chief Executive considers necessary or appropriate.\n\t(2)\tHowever, the Chief Executive need not apply to the Court under subsection (1)—\n\t(a)\tif following the completion of a guardianship care plan, the Chief Executive—\n\t(i)\tbecomes aware (by any means) of information not considered in the course of an assessment under section 125(3), or in the course of preparing a guardianship care plan under section 126(1); and\n\t(ii)\thaving considered the information, is of the opinion that the proposed guardian is not suitable to be the guardian of the relevant child or young person; or\n\t(b)\tin any other circumstances prescribed by the regulations.\n\t(3)\tAn application to the Court under subsection (1) must be made without undue delay.\n\t(4)\tThe Chief Executive must cause a copy of the guardianship care plan in respect of the child or young person to be provided to the Court in any application under subsection (1).\n128—Court may make specified person guardianship order\n\t(1)\tIf, on an application under this Act and having regard to Part 2, the Court is satisfied that it is in the best interests of a child or young person to do so, the Court may make a specified person guardianship 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(2)\tA specified person guardianship order ceases to have effect when the child or young person to whom the order relates attains 18 years of age.\n129—Onus on objector to prove order should not be made\n\t(1)\tIf in proceedings under this Division a person objects to the making of a specified person guardianship order by the Court, the onus is on the person to prove to the Court that the specified person guardianship order should not be made.\n\t(2)\tHowever, subsection (1) does not apply if the person objecting to the making of the order is—\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.\n130—Variation or revocation of specified person guardianship orders etc\n\t(1)\tThe Court may, on an application by a party to the proceedings, vary or revoke a specified person guardianship order.\n\t(2)\tOn the revocation of a specified person guardianship order (including, to avoid doubt, a specified person guardianship order made under section 116(1)(h)), the child or young person to whom the order relates will, unless the Court otherwise orders, by force of this section, be taken to be under the guardianship of the Chief Executive until they attain 18 years of age.\n\t(3)\tOn the death of all persons under whose guardianship a child or young person is placed under a specified person guardianship order (including, to avoid doubt, a specified person guardianship order made under section 116(1)(h)), the child or young person to whom the order relates will, unless the Court otherwise orders, by force of this section, be taken to be under the guardianship of the Chief Executive until they attain 18 years of age.\nDivision 6—Court may issue warrants for apprehension and return of certain children and young people\n131—Court may issue warrant for apprehension and return of certain children and young people\n\t(1)\tAn application for a warrant under this section may be made by—\n\t(b)\ta police officer of or above the rank of inspector; or\n\t(c)\ta person authorised by the Chief Executive to apply for such a warrant,\nwhere—\n\t(d)\ta child or young person has been placed in the custody, or under the guardianship, of the Chief Executive under this Act or a repealed Act but the Chief Executive has not been able to take the child or young person into custody; or\n\t(e)\ta child or young person who has been placed in the custody, or under the guardianship, of the Chief Executive or another person or persons under this Act or a repealed Act is absent from a State care placement without lawful authority.\n\t(2)\tThe Court may, on an application under this section, if satisfied by information given on oath, personally or by affidavit that—\n\t(a)\tit is reasonably necessary to return a specified child or young person to the custody of the Chief Executive; or\n\t(b)\ta specified child or young person has been unlawfully removed from the custody or guardianship of the Chief Executive or another person or persons; or\n\t(c)\ta specified child or young person has been lawfully removed from the custody or guardianship of the Chief Executive or another person or persons but kept beyond the period allowed for the removal,\nissue a warrant under this section for the apprehension of the child or young person.\n\t(3)\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 a manner and form determined by the Court; and\n\t(c)\tmust be accompanied by such documents and information as may be required by the Court.\n132—Care of children and young people apprehended on interstate warrants\n\t(1)\tIf a child or young person is apprehended in this State on an interstate child protection warrant, the Chief Executive may arrange for the safe and appropriate care of the child or young person until it is practicable to take the child or young person before a magistrate or court.\n\t(2)\tThe Chief Executive may, for the purposes of subsection (1), exercise any power the Chief Executive may have under this Act in relation to a child or young person apprehended on an interstate child protection warrant.\ninterstate child protection warrant means a warrant (however described) corresponding to a warrant issued under section 131 issued in another State or Territory.\n","sortOrder":19},{"sectionNumber":"Part 11","sectionType":"part","heading":"Case planning for children and young people in care","content":"Part 11—Case planning for children and young people in care\n133—Chief Executive must prepare case plan in respect of certain children and young people\n\t(1)\tThis section applies to the following children and young people:\n\t(a)\ta child or young person who is under the guardianship of the Chief Executive under this Act or a repealed Act;\n\t(b)\ta child or young person who is under the guardianship of a person other than the Chief Executive under this Act or a repealed Act (other than a child or young person in relation to whom a specified person guardianship order has been made);\n\t(c)\ta child or young person who is in the custody of the Chief Executive pursuant to a voluntary custody agreement under Part 9;\n\t(d)\ta child or young person who is in the custody of the Chief Executive or another person in accordance with an order made under Part 10 Division 4;\n\t(e)\tany other child or young person, or child or young person of a class, prescribed by the regulations,\nbut does not apply to a child or young person, or child or young person of a class, prescribed by the regulations to be excluded from the ambit of this definition.\n\t(2)\tThe Chief Executive must cause a plan (a case plan) to be prepared and maintained in respect of each child or young person to whom this section applies.\n\t(3)\tA case plan (including the reunification plan under subsection (5)(g)) for a child or young person must be prepared as soon as is reasonably practicable (and in any case not later than 6 months) after they become a child or young person to whom this section applies.\n\t(4)\tThe Chief Executive must, in causing a case plan to be prepared, take reasonable steps to ascertain the views, and encourage the participation, of any person who, in the opinion of the Chief Executive, has information relevant to the preparation of the case plan of a particular child or young person.\n\t(5)\tWithout limiting the matters that may be included in a case plan, a case plan must include such of the following parts as may be relevant to the child or young person's circumstances:\n\t(a)\ta part setting out a plan for the physical health (including the dental health) of the child or young person;\n\t(b)\ta part setting out a plan for the mental health and emotional wellbeing of the child or young person;\n\t(c)\ta part setting out a plan for the education and development of the child or young person;\n\t(d)\tif the case plan relates to a child or young person with a disability or developmental delay—a part setting out a disability care plan;\n\t(e)\ta part setting out a cultural maintenance plan;\n\t(f)\ta part setting out contact arrangements;\n\t(g)\ta part setting out a reunification plan, which must indicate whether the reunification of the child or young person and their parents is in the best interests of the child or young person;\n\t(h)\ta part setting out any wishes and preferences of the child or young person relating to their care;\n\t(i)\ta part setting out any wishes and preferences of the parents or guardians of the child or young person;\n\t(j)\ta part setting out any wishes and preferences of the carer of the child or young person;\n\t(k)\ta part setting out any decisions made at a family group conference;\n\t(l)\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(m)\tif the child or young person is above 15 years of age—a leaving care plan;\n\t(n)\tany other part required by any other provision of this Act or the regulations.\n\t(6)\tThe Chief Executive may from time to time vary, substitute or revoke a case plan.\n134—Case plans must be given effect\n\t(1)\tEach person or body engaged in the administration, operation or enforcement of this Act must perform their functions so as to give effect to a child or young person's case plan.\n\t(2)\tHowever, this section 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.\n","sortOrder":20},{"sectionNumber":"Part 12","sectionType":"part","heading":"Placement and contact arrangements etc of children and young people in care","content":"Part 12—Placement and contact arrangements etc of children and young people in care\nDivision 1—Placement etc of children and young people in care\n135—Chief Executive's powers in relation to children and young people in care\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, with a member of their family;\n\t(b)\tplace the child or young person with any other suitable person;\n\t(c)\tremove the child or young person from a person referred to in a preceding paragraph with whom the child or young person has been placed;\n\t(d)\tplace the child or young person in a licensed children's residential facility;\n\t(e)\tplace the child or young person in a State residential care facility;\n\t(f)\tplace the child or young person in any other suitable place;\n\t(g)\tgive such directions relating to the care of the child or young person as the Chief Executive thinks fit;\n\t(h)\tmake arrangements for the education of the child or young person;\n\t(i)\tmake arrangements for the professional examination, assessment or treatment of the child or young person (including, for example, admission to hospital);\n\t(j)\tmake such other provision for the care of the child or young person as the Chief Executive thinks fit.\n\t(2)\tTo avoid doubt, nothing in this section limits the operation of section 136 or 150.\n\t(3)\tThe Chief Executive must keep each parent and guardian of a child or young person (if the Chief Executive is not that 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.\n136—Temporary placement of children and young people\n\t(1)\tDespite section 150, but subject to this section, the Chief Executive may place a child or young person who is in the custody, or under the guardianship, of the Chief Executive with a person who is not an approved carer if the Chief Executive is satisfied that—\n\t(a)\tthe child or young person requires placement as a matter of urgency; and\n\t(b)\tit is not, in the circumstances, reasonably practicable to place the child or young person with an approved carer; and\n\t(c)\tthe risk of harm being caused to the child or young person if they are not placed with a person under this section exceeds the risk that the person will cause harm to the child or young person.\n\t(2)\tDespite subsection (1)(b), the Chief Executive may place a child or young person with a person under subsection (1) despite it being reasonably practicable to place the child or young person with a particular approved carer if the Chief Executive is satisfied that to place the child or young person under that subsection is preferable to placing the child or young person with the approved carer.\n\t(3)\tThe Chief Executive may, if the Chief Executive considers it appropriate to do so, place a child or young person with a member of the child or young person's family, or a person known to the child or young person or their family, in accordance with subsection (1) without being satisfied of the matters set out in subsection (1)(a) or (b).\n\t(4)\tThe placement of a child or young person under this section—\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)\texcept in the circumstances referred to in subsection (2) or (3), and subject to the regulations, must be brought to an end as soon as it is reasonably practicable to place the child or young person with an approved carer; and\n\t(c)\tmust comply with any requirements prescribed by the regulations.\n\t(5)\tIf a child or young person is placed with a person under this section—\n\t(a)\tsection 150 will be taken not to apply to the person; and\n\t(b)\tsections 139, 140 and 152 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(6)\tThe regulations may make further provisions in relation to the placement of a child or young person with 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).\nDivision 2—Provision of information regarding placements and involvement of approved carers in decision making\n137—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.\n138—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.\n139—Approved carers to be provided with certain information once child or young person placed\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)\tto a preschool, school or other education service for a purpose related to the educational needs, or the health, safety, welfare or wellbeing, of the child or young person; or\n\t(e)\twith the consent of the child or young person; or\n\t(f)\twith the authorisation of the Chief Executive; or\n\t(g)\tin any other circumstances prescribed by the regulations.\n140—Approved carers entitled to participate in certain decision making processes\n\t(1)\tWithout limiting Part 2, but despite any other provision of this Act or any other Act, an approved carer with whom 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 Act or any other Act or law.\n141—Noncompliance with Division not to invalidate placement\nA refusal or failure to comply with a requirement under this Division does not, of itself, affect the validity of a placement of a child or young person with an approved carer or a decision referred to in section 140.\nDivision 3—Contact arrangements\n142—Application of Division\n\t(1)\tThis Division applies to the following children and young people:\n\t(a)\ta child or young person who is in care;\n\t(b)\tany other child or young person, or child or young person of a class, prescribed by the regulations.\n\t(2)\tHowever, this Division does not apply to a child or young person, or child or young person of a class, prescribed by the regulations.\n143—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 Division 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 reunification is viable—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 reunified;\n\t(b)\tif the Chief Executive is satisfied that reunification is not viable—particular consideration must be given to the need for the child or young person to maintain a connection with their family and culture;\n\t(c)\tin any event—the Chief Executive must give weight to the importance of the child or young person maintaining contact with their siblings (if any).\n\t(4)\tNothing in this Division 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 of harm in the course of contact with the person; or\n\t(b)\tsuch contact arrangements would undermine the stability of the child or young person's placement; or\n\t(c)\tsuch contact arrangements would not be consistent with a provision of Part 2; or\n\t(d)\tit would otherwise not be in the best interests of the child or young person to have contact with the person.\n\t(5)\tA determination under this section must—\n\t(a)\tbe by notice in writing; and\n\t(b)\tset 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)\tany person who may be present during contact visits; and\n\t(v)\twhether contact visits are to take place under the supervision of a person determined by the Chief Executive,\nand may make any other provision the Chief Executive thinks appropriate; and\n\t(c)\tcomply with any other requirements set out in the regulations,\nhowever, a failure to comply with this subsection does not, of itself, affect the validity of 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.\n144—Minister to establish Contact Arrangements Review Panel\n\t(1)\tThe Minister must, in accordance with any requirements set out in the regulations, establish a panel (the Contact Arrangements Review Panel) for the purposes of reviewing contact arrangements under this Division.\n\t(2)\tThe Contact Arrangements Review Panel may be constituted of such persons as the Minister considers appropriate having regard to any requirements set out in the regulations.\n\t(3)\tThe Contact Arrangements Review Panel has the functions conferred on it by the regulations.\n\t(4)\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).\n145—Review by Contact Arrangements Review Panel\n\t(1)\tSubject to this Division, the following persons may apply to the Contact Arrangements Review Panel for a review of a determination of the Chief Executive under section 143 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 who is 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) must—\n\t(a)\tbe 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)\tbe 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 must, as soon as is reasonably practicable after receiving an application under this section and in accordance with any requirements set out in the regulations, convene a panel of members of the Contact Arrangements Review Panel to review the contact arrangements relating to the child or young person in accordance with this Division.\n\t(5)\tThe presiding member of the panel must be a person who is not an officer or employee of the Department.\n\t(6)\tThe panel need not conduct a review under this section if the panel is of the opinion that the application for review—\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(7)\tA panel must, within 4 weeks of being convened under this section, and in accordance with any requirements set out in the regulations, complete a review in accordance with this section.\n\t(8)\tA panel must, in conducting a review, have regard to any submissions made to the panel by—\n\t(a)\tthe child or young person; and\n\t(b)\tif the applicant was not the child or young person—the applicant; and\n\t(c)\tany other person, or person of a class, prescribed by the regulations.\n\t(9)\tA panel may decide, on a review under this section—\n\t(a)\tto affirm the determination that is being reviewed; or\n\t(b)\tto vary the determination that is being reviewed; or\n\t(c)\tto set aside the determination that is 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 panel considers appropriate,\nand must, within 14 days of the making of the decision, provide to the applicant notice in writing of the decision and the reasons for the decision.\n\t(10)\tThe Chief Executive's determination as affirmed, varied or substituted by the panel—\n\t(a)\twill be taken to be a determination of the Chief Executive of contact arrangements in respect of the relevant child or young person; and\n\t(b)\thas effect from the time specified by the panel; and\n\t(c)\tmust, subject to this Act, be implemented by the Chief Executive.\n\t(11)\tA determination that has been affirmed, varied or substituted under this section cannot be the subject of a further review under this section.\n\t(12)\tSubject to this Act, a panel convened under this section may determine its own procedures.\n\t(13)\tThe regulations may make further provision in relation to reviews under this section.\nDivision 4—Ongoing reviews of circumstances of certain children and young people\n146—Ongoing reviews of circumstances of certain children and young people\n\t(a)\ta child or young person placed under the guardianship of the Chief Executive until they attain 18 years of age under this Act or a repealed Act; and\n\t(b)\tany other child or young person, or child or young person of a class, prescribed by the regulations.\n\t(2)\tSubject to this section, the Chief Executive must cause a review of the circumstances of each child or young person to whom this section applies to be carried out—\n\t(a)\tif the child or young person, or another person who, in the opinion of the Chief Executive, 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(3)\tHowever, the Chief Executive need not cause a review to be carried out under subsection (2)(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(4)\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)\treview the case plan; and\n\t(ii)\tconsider whether the existing arrangements for the care of the 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(iii)\tnotify each person with whom the child or young person is placed of the review and give them a reasonable opportunity to make submissions to the panel for the purposes of the review; and\n\t(iv)\thave regard to any submissions made under subparagraph (iii); and\n\t(v)\tcomply with any other requirements 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 child or young person; and\n\t(ii)\tif the panel wishes to make recommendations in relation to the care of the child or young person—those recommendations.\n\t(5)\tA person who has been notified of the review by the panel under subsection (4)(b)(iii) must be given a reasonable opportunity to make their submissions in person, unless the panel determines that for the person to do so would not be in the best interests of the child or young person.\n\t(6)\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 child or young person's case) to be the presiding member of the panel.\n\t(7)\tHowever, a person appointed to be the presiding member of the panel in relation to a child or young person may be appointed as the presiding member for subsequent reviews undertaken under this section in relation to the child or young person.\n\t(8)\tSubject to this Act, and any directions of the Chief Executive, a panel may determine its own procedures.\n\t(9)\tThe Chief Executive must, except if of the opinion that it is inappropriate to do so, cause a copy of a report under subsection (4)(c) to be given to—\n\t(a)\tthe child or young person; and\n\t(b)\teach parent of the child or young person; and\n\t(c)\teach person with whom the child or young person is placed under this Act or a repealed Act,\nand may give a copy of the report to any other person the Chief Executive thinks fit.\n147—Chief Executive may provide assistance to persons caring for children and young people\n\t(1)\tThe Chief Executive may grant to the following persons such financial or other assistance in relation to the care and maintenance of a child or young person as may be determined by the Chief Executive:\n\t(a)\tan approved carer of the child or young person;\n\t(b)\ta person with whom the child or young person has been placed under this Act or a repealed Act;\n\t(c)\ta person who cares for the child or young person in the custody, or under the guardianship, of the Chief Executive under the Adoption Act 1988.\n\t(2)\tThe Chief Executive may provide assistance to a person described in subsection (1)(a) in relation to the care of a child or young person until the child or young person attains 26 years of age.\n148—Facilitating agreements for funeral arrangements of certain children and young people\n\t(1)\tThis section applies to a child or young person who—\n\t(a)\tis in the custody, or under the guardianship, of the Chief Executive or another person pursuant to this Act; or\n\t(b)\tis otherwise placed with 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 with whom the child or young person was placed 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.\n","sortOrder":21},{"sectionNumber":"Part 13","sectionType":"part","heading":"Approved carers, licensed foster care agencies and licensed children's residential facilities","content":"Part 13—Approved carers, licensed foster care agencies and licensed children's residential facilities\nDivision 1—Approved carers\n149—Chief Executive may establish categories of approved carers\n\t(1)\tThe Chief Executive may establish such categories of approved carers 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 and young people are to be placed with a particular category of approved carer.\n\t(3)\tA determination under this section must be consistent with any requirements prescribed by the regulations.\n150—Out of home care to be provided by approved carers\n\t(1)\tSubject to this Act, a person must not provide out of home care unless the person is an approved carer.\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 in the custody, or under the guardianship, of the Chief Executive; and\n\t(ii)\tthe care is provided by a person with whom the child or young person is placed under section 135; and\n\t(iii)\tthe care is provided on a residential basis apart from the child or young person's parents; 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 prescribed by the regulations,\nbut does not include—\n\t(c)\tcare provided to children and young people at a licensed children's residential facility; or\n\t(d)\tcare provided to children and young people at a State residential care facility; or\n\t(e)\tcare of a kind prescribed by the regulations to be excluded from the ambit of this definition.\n151—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 must—\n\t(b)\tbe accompanied by any information or documents as may be required by the Chief Executive.\n\t(3)\tThe Chief Executive may refuse to accept an application for approval under this section for any reason the Chief Executive thinks fit.\n\t(4)\tIn determining an application for approval, the Chief Executive must have regard to—\n\t(a)\tthe operation of the Child Safety (Prohibited Persons) Act 2016; and\n\t(b)\twhether the person is willing and able to care for each child or young person placed with the person in a manner consistent with Part 2 and this Act generally; and\n\t(c)\tif relevant, whether the person will, where appropriate—\n\t(i)\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(ii)\tassist the child or young person to return to their own family; and\n\t(d)\tany other matter prescribed by the regulations,\nhowever, the Chief Executive may refuse to approve a person for any reason the Chief Executive thinks fit.\n\t(5)\tThe Chief Executive must impose on each approval—\n\t(a)\ta condition setting out the category of care that may be provided by the approved carer; and\n\t(b)\ta condition setting out the maximum number of children and young people that may be placed with the approved carer at any time,\nand may impose such other conditions as the Chief Executive thinks appropriate.\n\t(6)\tThe Chief Executive may, by notice in writing, vary, substitute or revoke a condition of an approval.\n\t(7)\tAn approved carer must not, without reasonable excuse, refuse or fail to comply with a condition of an approval.\n152—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.\n153—Cancellation of approval\n\t(1)\tThe Chief Executive must, by notice in writing, cancel the approval of an approved carer if the Chief Executive reasonably suspects that the person is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n\t(2)\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 who is placed with 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)\ta working with children check has not been conducted in relation to the person within the preceding 5 years; or\n\t(e)\tit is otherwise appropriate that the approval be cancelled.\n\t(3)\tThe Chief Executive must give an approved carer at least 28 days notice in writing of the Chief Executive's intention to cancel the person's approval under subsection (2).\n154—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.\n155—Delegation of certain powers to approved carers\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 the guardian of the child or young person as the Chief Executive thinks fit to an approved carer with whom the child or young person is placed.\n\t(d)\tmay be varied or revoked at will.\n\t(3)\tNothing in this section limits any other power the Chief Executive may have to delegate a function under this Act.\nDivision 2—Licensed foster care agencies\n156—Interpretation\nFor the purposes of this Division, 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 with approved carers (whether on a commercial basis or otherwise).\n157—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 Division.\n\t(b)\tin the case of an individual—imprisonment for 2 years.\n158—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 must—\n\t(b)\tbe 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 Division 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.\n159—Cancellation of licence\n\t(1)\tThe Chief Executive may, by notice in writing, cancel a licence under this Division if the Chief Executive reasonably suspects that—\n\t(a)\ta child or young person placed with 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 158(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 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(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 Division at least 28 days notice in writing of the Chief Executive's intention to cancel the licence.\n160—Record keeping\n\t(1)\tThe holder of a licence under this Division must make such records as may be required by the regulations.\n\t(2)\tThe holder of a licence under this Division must keep the records referred to in subsection (1) in accordance with any requirements set out in the regulations.\n161—Ongoing reviews of approved carers by agency\nThe holder of a licence under this Division must, in relation to each approved carer with whom 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.\nDivision 3—Licensed children's residential facilities\n162—Interpretation\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\n\t(b)\tany other place in which children or young people are cared for on a residential basis prescribed by the regulations,\nbut does not include—\n\t(c)\tthe residence of an approved carer with whom a child or young person is placed under this Act; or\n\t(d)\ta State residential care facility; or\n\t(e)\ta training centre established under the Youth Justice Administration Act 2016; or\n\t(f)\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(g)\tany other facility or place, or facility or place of a class, prescribed by the regulations not to be included in the ambit of this definition.\n163—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 Division in respect of the facility.\n\t(b)\tin the case of an individual—imprisonment for 2 years.\n164—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 must—\n\t(b)\tbe 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,\nand may refuse to grant a licence for any reason the Chief Executive thinks fit.\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 Division 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.\n165—Cancellation of licence\n\t(1)\tThe Chief Executive may, by notice in writing, cancel a licence under this Division 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 no longer meets a requirement for granting the licence under section 164(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 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(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 at least 28 days notice in writing of the Chief Executive's intention to cancel the licence.\n166—Record keeping\n\t(1)\tThe holder of a licence under this Division must make such records as may be required by the regulations.\n\t(2)\tThe holder of a licence under this Division must keep the records referred to in subsection (1) in accordance with any requirements set out in the regulations.\nDivision 4—State residential care facilities\n167—Minister may establish State residential care facilities\n\t(1)\tThe Minister may, in accordance with any requirements set out in the regulations, establish such residential care facilities as the Minister thinks necessary or desirable for children or young people who are in need of care and protection from harm.\n\t(2)\tA residential care facility established under this section will be under the control of the Minister, and the Chief Executive must ensure that proper standards of administration are observed in the management of every such facility.\n168—Persons not to be employed in certain residential facilities unless they have been assessed\n\t(1)\tA person must not be employed in a licensed children's residential facility or a State residential care 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 a person of a class, or the employment of a person in circumstances, prescribed by the regulations.\n\t(3)\tA person who is employed in a licensed children's residential facility or a State residential care 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 or a State residential care facility in contravention of subsection (1) is guilty of an offence.\n\t(b)\tin the case of an individual—$50 000 or imprisonment for 1 year.\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(a)\tis a self‑employed person; or\n\t(b)\tcarries out work under a contract for services; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\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.\n169—Chief Executive to hear complaints regarding certain residential and other facilities\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.\n\t(4)\tIn this section—\nprescribed facility means—\n\t(a)\ta licensed children's residential facility; or\n\t(b)\ta State residential care facility; or\n\t(c)\tany other facility, or facility of a class, prescribed by the regulations.\n","sortOrder":22},{"sectionNumber":"Part 14","sectionType":"part","heading":"Offences relating to certain children and young people in care","content":"Part 14—Offences relating to certain children and young people in care\n170—Direction not to communicate etc with certain 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(2)\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(3)\tThe Chief Executive may, by notice in writing, direct a specified 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(4)\tHowever, the Chief Executive may only give a direction under this section if the Chief Executive believes such a direction 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(5)\tA person who, without reasonable excuse, refuses or fails to comply with a direction under this section is guilty of an offence.\n\t(6)\tDespite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person to whom a direction under this section relates commits no offence in relation to a contravention of a direction under this section.\n\t(7)\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.\n\t(8)\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 the person, or the whereabouts of the person cannot, after reasonable enquiries, be ascertained, the notice may instead be served on that person in accordance with section 51(2)(b) or (c) of the Legislation Interpretation Act 2021).\n171—Harbouring, concealing etc certain 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.\n\t(2)\tDespite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person who is absent from a State care placement without lawful authority and to whom a charge of an offence against this section relates commits no offence under this section.\n\t(3)\tDespite a provision of the Evidence Act 1929 or any other Act or law, a child or young person who is absent from a State care placement without lawful authority to whom a charge of an offence against this section relates is competent, but is not compellable, to give evidence in proceedings relating to the charge of the offence.\n172—Unlawful taking etc of certain child or young person\n\t(1)\tThis section applies to a child or young person placed with 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.\n\t(3)\tDespite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person to whom this section applies and to whom a charge of an offence against this section relates commits no offence under this section.\n\t(4)\tDespite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom this section applies and to whom a charge of an offence against this section relates is competent, but is not compellable, to give evidence in proceedings relating to the charge of the offence.\n","sortOrder":23},{"sectionNumber":"Part 15","sectionType":"part","heading":"Assistance to certain children and young people leaving care","content":"Part 15—Assistance to certain children and young people leaving care\n173—Leaving care plans to be prepared for certain children and young people leaving care\n\t(1)\tThis section applies to a child or young person placed under the guardianship of the Chief Executive until they attain 18 years of age under this Act or a repealed Act who is lawfully leaving that care.\n\t(2)\tThe Chief Executive must, in relation to a child or young person to whom this section applies, and in consultation with the child or young person, prepare a plan (a leaving care plan) setting out steps to assist the child or young person in making their transition from care.\n\t(3)\tWithout limiting the matters that may be included in a leaving care plan, each leaving care plan must include such of the following parts as may be relevant to the child or young person's circumstances:\n\t(a)\ta part setting out the specific needs of the child or young person as they prepare to make their transition from care and that may arise in the period after leaving care;\n\t(b)\ta part setting out any information requested by the child or young person relating to their care as may be held by the Department;\n\t(c)\ta part detailing which (if any) of the following documents (being documents held by the Department) have been requested by the child or young person:\n\t(i)\ta birth certificate;\n\t(ii)\treligious certificates;\n\t(iii)\tcertificates of achievement;\n\t(iv)\teducation and training reports;\n\t(v)\thealth records;\n\t(vi)\tcorrespondence addressed to the child or young person;\n\t(vii)\tpassports;\n\t(viii)\tphotographs;\n\t(ix)\tany other documents prescribed by the regulations;\n\t(d)\tif the child to whom the leaving care plan relates is above 15 years of age—a part setting out the specific arrangements that should be made to assist the child or young person to transition into adulthood and independence;\n\t(e)\tany other part required by the regulations.\n\t(4)\tThe Department, and any other State authority specified by the Chief Executive in a leaving care plan under this section, must take reasonable steps to implement the leaving care plan.\n\t(5)\tSubject to this section, the Department must provide to the child or young person the requested documents referred to in subsection (3)(c).\n\t(6)\tIf the Department holds an original of a document referred to in subsection (5), the Department must give the original to the child or young person and must ensure that a copy of the document is retained for the purposes of the laws of the State.\n\t(7)\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(8)\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 to a child or young person; or\n\t(b)\tprovide a document in redacted form.\n\t(9)\tIf the Department refuses to provide a document or information, or provides a document in redacted form, the Department must give the child or young person a written notice that sets out—\n\t(a)\tthe reasons for the decision; and\n\t(b)\tthe child or young person's right to seek a review of the decision under section 176; and\n\t(c)\tany other information prescribed by the regulations.\n\t(10)\tIf—\n\t(a)\ta document that must be provided to a child or young person under this section contains information concerning the child or young 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 child or young person,\nthe Department—\n\t(c)\tis not required to give access to the document directly to the child or young person; and\n\t(d)\tmay instead give access to the document to—\n\t(i)\ta medical practitioner nominated by the child or young person; or\n\t(ii)\ta person or body nominated by the child or young person and approved by the Department.\n\t(11)\tHowever, a leaving care plan does not create legally enforceable rights or entitlements.\n174—Chief Executive to assist eligible care leavers\n\t(1)\tThe Chief Executive must cause such assistance as the Chief Executive 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)\tassistance in accessing 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;\n\t(f)\tassistance in accessing health services;\n\t(g)\tassistance in accessing disability services;\n\t(h)\tassistance in accessing counselling and support services.\n\t(3)\tIf an eligible care leaver accepts an offer of assistance, the Chief Executive 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 Chief Executive, 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.\neligible care leaver means a person who—\n\t(a)\tis above 15, but under 26, years of age; and\n\t(b)\twas in the custody, or under the guardianship, of the Chief Executive or another person or persons for a period of 6 months or more; and\n\t(c)\tis leaving, or has left, care under this Act or a repealed Act.\n175—Certain persons to be provided with documents and information held by Department\n\t(1)\tAn eligible applicant in respect of a person formerly in care may apply to the Chief Executive for the provision of documents and information relating to the person being held by the Department in respect of the period in which the person was in care.\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 person formerly in care as may be held by the Department:\n\t(i)\ta birth certificate;\n\t(ii)\treligious certificates;\n\t(iii)\tcertificates of achievement;\n\t(iv)\teducation and training reports;\n\t(v)\thealth records;\n\t(vi)\tcorrespondence addressed to the person formerly in care;\n\t(vii)\tpassports;\n\t(viii)\tphotographs;\n\t(ix)\tany other documents of a kind prescribed by the regulations; and\n\t(b)\tsuch information relating to the 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 176; and\n\t(c)\tany other information 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 concerning the person formerly in care; 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 person formerly in care,\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 person formerly in care or the eligible applicant; or\n\t(ii)\ta person or body nominated by the person formerly in care or the eligible applicant and approved by the Department.\n\t(9)\tIn this section—\neligible applicant, in respect of a person formerly in care, means—\n\t(a)\tthe person formerly in care; or\n\t(b)\ta person authorised by the person formerly in care to make an application under this section; or\n\t(c)\tin the case of a person formerly in care who has died—a grandparent, parent, child or grandchild of the person; or\n\t(d)\tany other person authorised by the Chief Executive;\nperson formerly in care means a person of or above 18 years of age who was, at any point while the person was a child or young person, in care under this or a repealed Act, or in care of a corresponding kind provided under an earlier Act of the State.\n176—Internal review of decision to refuse to provide document or information etc\n\t(1)\tA child or young person who is the subject of a leaving care plan under section 173 or an eligible applicant under section 175 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 (or such longer period as the Chief Executive may allow).\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 the review is sought.\n","sortOrder":24},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transfer of certain orders and proceedings between South Australia and other jurisdictions","content":"Part 16—Transfer of certain orders and proceedings between South Australia and other jurisdictions\n177—Purpose of Part\nThe purpose of this Part 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.\n178—Interpretation\n\t(1)\tIn this Part—\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(b)\tthe Children and Young People (Safety) Act 2017; or\n\t(c)\tthe Children's Protection Act 1993; or\n\t(d)\ta law of another State that is declared by proclamation under subsection (2) to be a child welfare law for the purposes of this Part;\ninterim order means—\n\t(a)\tan order made under section 190; 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 Part;\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 Part; 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 Part 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 Part 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 Part if satisfied that the law substantially corresponds to this Part.\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 Part, 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 Part:\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.\nDivision 2—Administrative transfer of child protection order\n179—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 180 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.\n180—Persons whose consent is required\n\t(1)\tFor the purposes of section 179(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.\n181—Chief Executive to have regard to certain matters\nIn determining whether to transfer a child protection order to a participating State under this Division, 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.\n182—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 Division, 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 10 years of age, 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.\n183—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 Division 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.\nDivision 3—Judicial transfer of child protection order\n184—When Court may make order under this Division\nThe Court may make an order under this Division 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.\n185—Type of order\n\t(1)\tIf the Court determines to transfer a child protection order (the home order) under this Division, 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.\n186—Court to have regard to certain matters\nIn determining an application under this Division, 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 187.\n187—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 Division; 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.\nDivision 4—Transfer of child protection proceedings\n188—When Court may make order under this Division\n\t(1)\tThe Court may make an order under this Division 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.\n189—Court to have regard to certain matters\n\t(1)\tIn determining an application to transfer a proceeding under this Division, 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 Division; 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.\n190—Interim order\n\t(1)\tIf the Court makes an order transferring a proceeding under this Division, 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.\nDivision 5—Registration of interstate orders and proceedings\n191—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.\n192—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 191; or\n\t(b)\tthe revocation under section 194 of the registration of any document so filed.\n193—Effect of registration\n\t(1)\tA child protection order registered in the Court under this Division 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 Division 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 Division, the proceeding will be taken to have been commenced in the Court on the day on which the order is so registered.\n194—Revocation of registration\n\t(1)\tAn application for the revocation of the registration of any document filed under section 191 may be made to the Court by—\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 191 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 191 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.\nDivision 6—Miscellaneous\n195—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.\n196—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.\n197—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.\n198—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).\n199—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 functions 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 functions under a child welfare law or an interstate law.\nprescribed child protection law means—\n\t(a)\tthis Act; or\n\t(b)\tthe Children and Young People (Safety) Act 2017; or\n\t(c)\tthe Children's Protection Act 1993; or\n\t(d)\tany other Act prescribed by the regulations.\n200—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.\n201—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 Part 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":25},{"sectionNumber":"Part 17","sectionType":"part","heading":"Review of certain decisions under Act","content":"Part 17—Review of certain decisions under Act\nDivision 1—Internal review of certain decisions under Act\n202—Internal review\n\t(1)\tA prescribed person is entitled to apply for a review (an internal review) under this section of a prescribed decision.\n\t(2)\tAn application for an internal review must be made—\n\t(a)\tin a manner and form determined by the Chief Executive; and\n\t(b)\twithin 30 days after the day on which notice of the prescribed decision was given to the applicant (or such longer time as the Chief Executive may allow).\n\t(3)\tThe Chief Executive may, in the Chief Executive's discretion, use such alternative dispute resolution methods as the Chief Executive considers appropriate in the course of an internal review.\n\t(4)\tAn internal review on an application under subsection (1) must be completed within 60 days after the application is made (and, if the internal review is not completed within that period, the decision will be taken to have been affirmed).\n\t(5)\tOn completion of an internal review under this section the Chief Executive must affirm, vary, substitute or set aside the prescribed decision under review.\n\t(6)\tThe Chief Executive must, within 14 days of making a decision under subsection (5), provide to the applicant notice in writing of the decision and the reasons for the decision.\n\t(7)\tIn this section—\nprescribed decision means—\n\t(a)\ta decision of a kind specified in column 2 of the table in Schedule 1; and\n\t(b)\tany other decision prescribed by the regulations;\nprescribed person, in respect of a prescribed decision, means a person specified in column 4 of the table in Schedule 1 in relation to a decision of the relevant kind and includes—\n\t(a)\tin the case of any prescribed decision relating to an Aboriginal or Torres Strait Islander child or young person—an Aboriginal or Torres Strait Islander person who is recognised to have a relationship of responsibility for the child or young person; or\n\t(b)\tin any case—a person, or a person of a class, prescribed by the regulations,\nbut does not include a person, or a person of a class, prescribed by the regulations to be excluded from the ambit of this definition.\nDivision 2—Review by SACAT of decisions made under section 202 etc\n203—Review by SACAT of decisions made under section 202 etc\n\t(1)\tSubject to this section, SACAT 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 section 202(5);\n\t(b)\tany other decision under this Act prescribed by the regulations.\n\t(2)\tHowever, a decision referred to in subsection (1)(b) will only be taken to be a reviewable decision if an internal review under section 202 has been conducted in respect of the decision.\n\t(3)\tAn application for review of a reviewable decision may be made to SACAT by a person aggrieved by the decision.\n\t(4)\tAn application must be made within 28 days after the applicant receives notice of the outcome of the internal review under section 202 (or such longer period as SACAT may allow).\n\t(5)\tHowever, SACAT 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 the making of the application.\n\t(6)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be—\n\t(a)\ta panel of assessors consisting of persons with social work qualifications or at least 7 years experience in the child protection sector; and\n\t(b)\ta panel of assessors consisting of Aboriginal or Torres Strait Islander persons.\n\t(7)\tSubject to this Act, in performing its functions under this Act, SACAT will, unless the President of SACAT determines that SACAT is to be constituted by fewer than 3 members, be constituted of 3 members of whom—\n\t(a)\tin the case of a matter relating to an Aboriginal or Torres Strait Islander child or young person—1 will be selected from the panel of assessors referred to in subsection (6)(b); and\n\t(b)\tin any case—1 will be selected from the panel of assessors referred to in subsection (6)(a).\n\t(8)\tFor the purposes of proceedings under this section, SACAT, constituted of the presiding member sitting alone, may—\n\t(a)\tdeal with—\n\t(i)\tpreliminary, interlocutory or procedural matters; or\n\t(ii)\tquestions of costs; or\n\t(iii)\tquestions of law; or\n\t(b)\tenter consent orders; or\n\t(c)\tperform any other function of a prescribed kind,\nand may, for that purpose or as a consequence, make any determination or order (including a final order) that the presiding member considers appropriate.\n\t(9)\tSACAT must direct that the publication of the following information be either prohibited or restricted:\n\t(a)\tthe name and address of a witness appearing before SACAT in the proceedings;\n\t(b)\tinformation which would directly or indirectly identify a child or young person who is the subject of the reviewable decision;\n\t(c)\tevidence given before, or the contents of any document produced to, SACAT in the proceedings.\n\t(10)\tProceedings under this section must be held in private.\n204—Views of child or young person to 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 SACAT their views related to their ongoing care and protection.\n\t(2)\tHowever, subsection (1) does not apply if SACAT 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":26},{"sectionNumber":"Part 18","sectionType":"part","heading":"Interagency practice review panels","content":"Part 18—Interagency practice review panels\n205—Interpretation\nIn this Part—\nadverse incident means—\n\t(a)\tthe death of a child or young person if 1 or more of the following applies in relation to the child or young person and their death:\n\t(i)\tthe child or young person was in the custody, or under the guardianship, of the Chief Executive;\n\t(ii)\tthe child or young person was the subject of a report under section 76(1), or a corresponding notification under a repealed Act, within the period of 1 year before their death;\n\t(iii)\tthe child or young person was the subject of a decision by the Chief Executive under this Act or a repealed Act within the period of 1 year before their death;\n\t(iv)\tthe child was less than 1 year old at the time of their death and, before the child was born, the child was the subject of an unborn child report under section 76, or a corresponding report under a repealed Act;\n\t(v)\tany other circumstances prescribed by the regulations; or\n\t(b)\tany other incident of a kind prescribed by the regulations,\nbut does not include an incident occurring in circumstances prescribed by the regulations to be excluded from the ambit of this definition.\n206—Purpose of reviews under Part\nThe purpose of a review of an adverse incident under this Part is to—\n\t(a)\tidentify actions, issues or events that contributed to, or may have contributed to, the adverse incident; and\n\t(b)\tmake recommendations for measures that may be taken to prevent the recurrence of a similar adverse incident; and\n\t(c)\tfacilitate ongoing learning and improvement in the provision of services to children and young people; and\n\t(d)\tsupport collaboration and joint learning by State authorities and other service providers.\n207—Interagency practice review panels\n\t(1)\tSubject to this section, the Chief Executive may, as soon as is reasonably practicable after becoming aware of an adverse incident and in accordance with any requirements set out in the regulations, appoint a panel of persons (an interagency practice review panel) to review and report on the adverse incident in accordance with this Part.\n\t(2)\tAn interagency practice review panel may be constituted of such persons (whether employees of the Department or otherwise) as the Chief Executive considers appropriate, having regard to the circumstances of the adverse incident and any requirements set out in the regulations.\n\t(3)\tTo avoid doubt, an interagency practice review panel may be constituted wholly or partly of representatives from State authorities or service providers other than the Department.\n208—Review of adverse incident by interagency practice review panel\n\t(1)\tThe Chief Executive must, in accordance with any requirements set out in the regulations, develop terms of reference in respect of the review of an adverse incident under this Part.\n\t(2)\tSubject to this section, an interagency practice review panel reviewing an adverse incident must address the matters set out in the terms of reference (and may, if the terms of reference permit, inquire into such other matters as may be specified by the Chief Executive).\n\t(3)\tAn interagency practice review panel must not make a finding about civil or criminal liability.\n\t(4)\tSubject to this Act and any directions of the Chief Executive, an interagency practice review panel may determine its own procedures.\n209—Reports\n\t(1)\tAn interagency practice review panel must, at the completion of a review of an adverse incident under this Part, prepare 2 reports as follows:\n\t(a)\ta first report that contains—\n\t(i)\ta description of the adverse incident, based on facts that, in the opinion of the interagency practice review panel, are known independently of its investigation; and\n\t(ii)\tthe recommendations of the interagency practice review panel as to the need for changes or improvements in relation to a procedure or practice associated with the incident;\n\t(b)\ta second report that contains 1 or more of the following elements, as the interagency practice review panel thinks fit:\n\t(i)\ta description of the adverse incident;\n\t(ii)\ta description of any processes that, in the opinion of the interagency practice review panel, caused or contributed to the adverse incident;\n\t(iii)\tthe recommendations of the interagency practice review panel;\n\t(iv)\tany other information considered relevant by the interagency practice review panel.\n\t(2)\tThe report under subsection (1)(a) may be released publicly.\n\t(3)\tThe report under subsection (1)(b) may only be released by the interagency practice review panel to the following persons:\n\t(a)\tthe Minister;\n\t(b)\tthe Chief Executive;\n\t(c)\ta person who provided expert, technical, administrative or secretarial assistance to a member of the interagency practice review panel;\n\t(d)\tany other person, or person of a class, prescribed by the regulations.\n210—Protection of information\n\t(a)\ta person who is, or has been, a member of an interagency practice review panel; or\n\t(b)\ta person—\n\t(i)\twho provides, or has provided, expert, technical, administrative or secretarial assistance to an interagency practice review panel; or\n\t(ii)\twho acts, or has acted, for the purposes of receiving or gathering information on behalf of an interagency practice review panel.\n\t(2)\tA person to whom this section applies must not make a record of, or use or disclose, information obtained by or in relation to an interagency practice review panel except—\n\t(a)\tto the extent necessary for the proper performance of the activities of the interagency practice review panel; or\n\t(b)\tas may be required or authorised for the purposes of reporting under this Act; or\n\t(c)\tin accordance with the regulations.\nMaximum penalty: $60 000.\n\t(3)\tThe Minister, the Chief Executive, a person to whom this section applies or any other person or body prescribed by the regulations, cannot be required to produce or disclose to a court, agency or other person or body any report, document or information prepared or obtained in relation to an interagency practice review panel.\n\t(4)\tHowever, subsections (2) and (3) do not apply to—\n\t(a)\tinformation contained in a report of an interagency practice review panel that may be released publicly; and\n\t(b)\tany information or document (other than a report under section 209(1)(b)) that does not identify, either expressly or by implication, a specified person or persons.\n211—Application of Freedom of Information Act 1991\nFor the purposes of the Freedom of Information Act 1991—\n\t(a)\tan interagency practice review panel will be taken to be an exempt agency within the meaning of that Act; and\n\t(b)\ta report prepared by an interagency practice review panel under section 209(1)(b) will be taken to be an exempt document within the meaning of that Act.\n","sortOrder":27},{"sectionNumber":"Part 19","sectionType":"part","heading":"Miscellaneous","content":"Part 19—Miscellaneous\n212—Hindering or obstructing person in execution of duty\nA person who hinders or obstructs the Chief Executive, a child protection officer or any other person or body in the performance of a function under this Act is guilty of an offence.\n213—Impersonating child protection officer\nA person who falsely represents (whether directly or indirectly) that—\n\t(a)\tthey are a child protection officer; or\n\t(b)\tthey are performing a function under this Act,\nis guilty of an offence.\n214—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 of harm, 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 made the report; or\n\t(b)\tis required or authorised by the Chief Executive or under this Act; or\n\t(c)\tis made to the Coroner's Court or a coroner or investigator under the Coroners Act 2003 for the purposes of a coronial investigation; or\n\t(d)\tis made by way of evidence adduced in accordance with this section; or\n\t(e)\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.\n215—Restrictions on publication of certain information relating to family group conferences and other proceedings\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, if the report—\n\t(a)\tdirectly or indirectly identifies—\n\t(i)\tthe child or young person who is the subject of the family group conference; or\n\t(ii)\ta participant in the family group conference; or\n\t(b)\treveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of the child or young person who is the subject of the family group conference.\n\t(b)\tin the case of an individual—$50 000.\n\t(2)\tHowever, subsection (1) does not apply to the publishing of a report in circumstances prescribed by the regulations. \n\t(3)\tExcept as may be permitted under subsection (4), a person must not publish prescribed information in relation to proceedings before any court or tribunal in which a child or young person is alleged to be at risk of harm or in need of care or protection if—\n\t(a)\tthe court or tribunal prohibits publication of any prescribed information in relation to the proceedings; or\n\t(b)\tthe prescribed information—\n\t(i)\tdirectly or indirectly identifies 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(b)\tin the case of an individual—$50 000.\n\t(4)\tThe court or tribunal before which proceedings referred to in subsection (3) 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 (3)(b).\n\t(5)\tIn this section—\nprescribed information, in relation to proceedings before a court or tribunal, means—\n\t(a)\tany information contained in, or making up, the evidence tendered in the proceedings; or\n\t(b)\tany information contained in any other document whatsoever considered in the proceedings; or\n\t(c)\tany information contained in a report of the proceedings; or\n\t(d)\tany other information prescribed by the regulations.\n216—Restrictions on publication of certain names and identifying information\n\t(1)\tA person who publishes or broadcasts information in any form that expressly states or implies that a person is a protected person, or that directly or indirectly identifies a person as a protected person, is guilty of an offence.\n\t(a)\tin the case of a body corporate—$120 000;\n\t(b)\tin the case of an individual—$50 000.\n\t(2)\tHowever, subsection (1) does not apply—\n\t(a)\tto the protected person; or\n\t(b)\tif the protected person is of or above 16 years of age—to a person acting with the consent of the protected person; or\n\t(c)\tif the protected person is under 16 years of age, or is over 16 years of age but lacks capacity to give consent—to a person acting with the consent of the Chief Executive; or\n\t(d)\tin any other circumstances prescribed by the regulations.\nprotected person means a person who—\n\t(a)\tis, or has ever been, in the custody, or under the guardianship, of the Minister or the Chief Executive under this Act or a repealed Act; or\n\t(b)\tis a person, or a person of a class, of a kind prescribed by the regulations,\nbut a person ceases to be a protected person when the person—\n\t(c)\tattains 25 years of age; or\n\t(d)\tdies,\n217—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 who is under the guardianship of the Chief Executive.\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(4)\tAny money held on behalf of a child or young person pursuant to this section is payable to the following persons on the Chief Executive ceasing to have guardianship of the child or young person:\n\t(a)\tin the case where the child or young person is under 18 years of age—the person under whose guardianship the child or young person is or will be placed;\n\t(b)\tin the case where an administrator has been appointed in relation to the child or young person under the Guardianship and Administration Act 1993—the person determined by the administrator;\n\t(c)\tin any other case—the child or young person.\n218—Confidentiality\n\t(1)\tSubject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act or a repealed Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions under this Act or a repealed 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)\twith the authorisation of the Chief Executive; or\n\t(d)\tin connection with the administration, operation or enforcement of this Act or any other Act; or\n\t(e)\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(f)\tto an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(g)\tif the disclosure is reasonably necessary for the protection of the lawful interests of the person making the disclosure; or\n\t(h)\tif the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person.\n\t(2)\tDespite any other Act or law (including the Child Sex Offenders Registration Act 2006), personal information may be disclosed to any person in accordance with subsection (1) if the Chief Executive is of the opinion that such disclosure is reasonably required to protect a child or young person from harm or a risk of harm.\n\t(3)\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(4)\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.\n219—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 or a repealed 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; and\n\t(b)\tintimidation or harassment; and\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; and\n\t(d)\tthreats of reprisal.\n220—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.\n221—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, or a recognised Aboriginal or Torres Strait Islander entity or member of such an entity, in respect of an act or omission of a child or young person who is in the custody, or under the guardianship, of the Chief Executive, unless the act or omission occurs while the child or young person—\n\t(a)\tis acting as the servant, agent or delegate of the Chief Executive or employee of the Department; and\n\t(b)\tis acting within the scope of such employment or authority.\n222—Evidentiary provision\n\t(1)\tIn proceedings for an offence against this Act, an allegation in an information—\n\t(a)\tthat a prohibition notice had, or had not, been issued to a specified person; or\n\t(b)\tthat a specified person was, or was not, a child protection officer at a specified time; or\n\t(c)\tthat a specified person was, or was not, an approved carer at a specified time; or\n\t(d)\tthat specified premises were, or were not, a licensed children's residential facility at a specified time; or\n\t(e)\tthat a specified person was, or was not, a protected person within the meaning of section 216 at a specified time; or\n\t(f)\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,\nmust be accepted as proved in the absence of evidence to the contrary.\n\t(2)\tIn any legal proceedings, a document apparently certified by the Chief Executive and certifying that a specific person or body was, on a particular day or during a particular period, a recognised Aboriginal or Torres Strait Islander entity, or a delegated decision maker under Part 4 for a specified Aboriginal or Torres Strait Islander child or young person, will, in the absence of proof to the contrary, be proof of the matters certified.\nprohibition notice have the same meanings as in the Child Safety (Prohibited Persons) Act 2016.\n223—Regulations and fee notices\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 persons of a class, 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(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 partly 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)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(5)\tIf a code, standard, policy or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard, policy 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, policy 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, policy or other document.\n224—Review of Act\n\t(1)\tThe Minister must, as soon as practicable after the fifth anniversary of the commencement of this section, cause a review of the operation of this Act to be conducted and a report on the review to be provided to the Minister.\n\t(2)\tThe Minister must, in the course of the review, consult with the recognised peak bodies.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n","sortOrder":28},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Persons who may apply for internal review of decisions under Act","content":"Schedule 1—Persons who may apply for internal review of decisions under Act\nSee section 202 for further information in relation to the prescribed persons who may (or may not) be entitled to apply for a review of a prescribed decision under that section.\n\nItem\nPrescribed decision\nProvision under which decision was made\nPrescribed person in relation to decision\nA determination as to whether a proposed guardian is suitable to be the guardian of a child or young person\nSection 125(3)(b) of this Act\nThe proposed guardian\nA refusal to approve a person as an approved carer\nSection 151(4) of this Act\nA decision to cancel an approval of an approved carer\nSection 153(2) of this Act\nThe approved carer\nA refusal to grant a licence to carry on the business of a foster care agency\nSection 158(3) of this Act\nA decision to cancel a licence to carry on the business of a foster care agency\nSection 159 of this Act\nThe licence holder\nA refusal to grant a licence to operate a children's residential facility\nSection 164 of this Act\nA decision to cancel a licence to operate a children's residential facility\nSection 165 of this Act\nThe licence holder\nA decision to—\n\t(a)\tplace a child or young person, or permit a child or young person to remain, with a member of their family; or\n\t(b)\tplace a child or young person with any other suitable person; or\n\t(c)\tremove the child or young person from a person referred to in a preceding paragraph with whom the child or young person has been placed; or\n\t(d)\tplace a child or young person in a licensed children's residential facility; or\n\t(e)\tplace a child or young person in a State residential care facility; or\n\t(f)\tplace a child or young person in any other suitable place; or\n\t(g)\tgive a direction relating to the care of a child or young person as the Chief Executive thinks fit; or\n\t(h)\tmake arrangements for the education of a child or young person; or\n\t(i)\tmake arrangements for the professional examination, assessment or treatment of a child or young person (including, for example, admission to hospital); or\n\t(j)\tmake such other provision for the care of a child or young person as the Chief Executive thinks fit\nSection 135(1) of this Act\nThe following persons:\n\t(a)\ta parent or guardian of the child or young person to whom the decision relates;\n\t(b)\tthe child or young person to whom the decision relates;\n\t(c)\tif the child or young person to whom the decision relates has been placed with an approved carer for a period of at least 6 continuous months—the approved carer\nA direction—\n\t(a)\tnot to communicate, or attempt to communicate with a child or young person; or\n\t(b)\tnot to be in the company of, or otherwise associate with, a child or young person; or\n\t(c)\tnot to harbour or conceal, or assist another person to harbour or conceal, a specified child or young person\nSection 170 of this Act\nThe following persons:\n\t(a)\tthe person to whom the direction is given;\n\t(b)\tthe child or young person to whom the direction relates\nA decision to direct the Registrar to register a change of the name of a child or young person\nSection 25A of the Births, Deaths and Marriages Registration Act 1996\nA parent or guardian of the child or young person to whom the decision relates\n","sortOrder":29},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Related amendments and repeals","content":"Schedule 2—Related amendments and repeals\nPart 1—Amendment of Adoption Act 1988\n1—Amendment of section 10A—Adoption of child who has turned 18\nSection 10A(2)(b)—after \"Children's Protection Act 1993,\" insert:\nthe Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025,\nPart 2—Amendment of Bail Act 1985\n2—Amendment of section 10A—Presumption against bail in certain cases\nSection 10A(2), definition of prescribed applicant, (h)—delete paragraph (h) and substitute:\n\t(h)\tan applicant taken into custody in relation to an offence against section 170(5) of the Children and Young People (Safety and Support) Act 2025.\nPart 3—Amendment of Births, Deaths and Marriages Registration Act 1996\n3—Amendment of section 25A—Change of name of child under guardianship\n\t(1)\tSection 25A(1)(a)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(2)\tSection 25A(1)(b)—delete \"Children and Young People (Safety) Act 2017 or the repealed Act\" and substitute:\nChildren and Young People (Safety and Support) Act 2025 or a repealed Act\n\t(3)\tSection 25A(2)(b)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(4)\tSection 25A(8)—delete \"section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act)\" and substitute:\nsection 202 of the Children and Young People (Safety and Support) Act 2025\n\t(5)\tSection 25A(10), definition of Chief Executive—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(6)\tSection 25A(10), definition of repealed Act—after \"Children's Protection Act 1993\" insert:\nor the Children and Young People (Safety) Act 2017\n4—Amendment of section 38A—Notification by court appointed guardians\nSection 38A(4), definition of court appointed guardian—delete \"under the Children and Young People (Safety) Act 2017\" and substitute:\nappointed as guardian of a person under the Children and Young People (Safety and Support) Act 2025 or a repealed Act (within the meaning of that Act)\nPart 4—Amendment of Carers Recognition Act 2005\n5—Amendment of section 5—Meaning of carer\nSection 5(3)(b)—after \"Children and Young People (Safety) Act 2017\" insert:\n, the Children and Young People (Safety and Support) Act 2025\nPart 5—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016\n6—Amendment of section 26—Functions and powers of Guardian\nSection 26(4), definition of Chief Executive—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n7—Amendment of section 37—Functions of the Committee\nSection 37(3)(d)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\nPart 6—Amendment of Child Safety (Prohibited Persons) Act 2016\n8—Amendment of section 8—Meaning of assessable information\n\t(1)\tSection 8(1)(fa)—after \"Children and Young People (Safety) Act 2017\" insert:\n\t(2)\tSection 8(1)—after paragraph (ga) insert:\n\t(gb)\tinformation that relates to a notification made pursuant to Part 7 Division 1 of the Children and Young People (Safety and Support) Act 2025;\n\t(3)\tSection 8(1)(h)—delete \"or the Children and Young People (Safety) Act 2017\" and substitute:\n, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025\n\t(4)\tSection 8(1)(h)—delete \"Children and Young People (Safety) Act 2017\" second occurring and substitute:\nPart 7—Amendment of Civil Liability Act 1936\n9—Amendment of section 50A—Interpretation\nSection 50A(1), definition of designated carer—delete \"Children and Young People (Safety) Act 2017\" wherever occurring and substitute in each case:\n10—Amendment of section 50C—When persons are associated with institution\nSection 50C(1)(d)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\nPart 8—Amendment of Controlled Substances Act 1984\n11—Amendment of section 54C—Application for order\nSection 54C(b)—delete \"Children and Young People (Safety) Act 2017\" wherever occurring and substitute in each case:\n12—Amendment of section 54D—Making of orders\nSection 54D(5)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\nPart 9—Amendment of Coroners Act 2003\n13—Amendment of section 3—Interpretation\nSection 3(1), definition of reportable death, (f)(ii)—after \"Children and Young People (Safety) Act 2017\" insert:\nPart 10—Amendment of Criminal Law Consolidation Act 1935\n14—Amendment of section 5AA—Aggravated offences\nSection 5AA(1)—after paragraph (e) insert:\n\t(ea)\tthe offender committed the offence knowing that the victim was, at the time of the offence, in care (within the meaning of the Children and Young People (Safety and Support) Act 2025);\nPart 11—Amendment of Criminal Procedure Act 1921\n15—Amendment of section 99AAC—Child protection restraining orders\n\t(1)\tSection 99AAC(8), definition of Chief Executive—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(2)\tSection 99AAC(8), definition of Minister—delete the definition and substitute:\nMinister means the Minister responsible for the administration of the Children and Young People (Safety and Support) Act 2025;\n16—Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings\nSection 99KA(4)(b)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\nPart 12—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011\n17—Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction\nSection 13(1), definition of child protection law—after paragraph (ca) insert:\n\t(cb)\tthe Children and Young People (Safety and Support) Act 2025; and\nPart 13—Amendment of Family and Community Services Act 1972\n18—Amendment of section 23—Special funds\n\t(1)\tSection 23(4)(b)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(2)\tSection 23(4)(c)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n19—Repeal of Part 3 Division 3\nPart 3 Division 3—delete Division 3\n20—Repeal of Part 4\nPart 4—delete Part 4\n21—Amendment of section 98—Liability of near relatives for maintenance of child\nSection 98(1)—delete \"Minister or the Chief Executive under the Children and Young People (Safety) Act 2017\" and substitute:\nChief Executive under the Children and Young People (Safety and Support) Act 2025\n22—Amendment of section 99—Issue of summons for maintenance\nSection 99(2)—delete \"Minister or the Chief Executive under the Children and Young People (Safety) Act 2017\" and substitute:\nChief Executive under the Children and Young People (Safety and Support) Act 2025\n23—Amendment of section 142—Evidentiary provision\nSection 142(f)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n24—Amendment of section 251—Regulations\nSection 251(i)—delete \"Minister or the Chief Executive, or the Chief Executive under Children and Young People (Safety) Act 2017\" and substitute:\nChief Executive under Children and Young People (Safety and Support) Act 2025\nPart 14—Amendment of Health and Community Services Complaints Act 2004\n25—Amendment of section 4—Interpretation\n\t(1)\tSection 4(1), definition of community service—after \"risk\" wherever occurring insert:\nof harm\n\t(2)\tSection 4(1), definition of community service, (c)—delete \"Children and Young People (Safety) Act 2016\" and substitute:\n26—Amendment of section 28A—Commissioner to refer certain complaints to Ombudsman\n\t(1)\tSection 28A(8), definition of at risk—delete the definition and substitute:\nat risk of harm has the same meaning as in the Children and Young People (Safety and Support) Act 2025;\n\t(2)\tSection 28A(8), definition of prescribed child protection complaint—after \"risk\" wherever occurring insert:\nof harm\n\t(3)\tSection 28A(8), definition of prescribed child protection complaint, (a)(iv)—delete \"Minister or another person under the Children and Young People (Safety) Act 2016\" and substitute:\nChief Executive or another person under the Children and Young People (Safety and Support) Act 2025\nPart 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009\n27—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1), definition of relevant public sector agency, (a)—delete \"Children's Protection Act 1993\" and substitute:\n\t(2)\tSection 3(1), definition of State child protection order—delete \"or the Children and Young People (Safety) Act 2017\" and substitute:\n, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025\n28—Amendment of section 16—Inconsistent Family Law Act or State child protection orders\nSection 16(2)—delete subsection (2) and substitute:\n\t(2)\tAn intervention order prevails over a State child protection order (being an order made under Part 10 of the Children and Young People (Safety and Support) Act 2025, or a corresponding order under section 38 of the Children's Protection Act 1993 or section 53 of the Children and Young People (Safety) Act 2017) to the extent of any inconsistency (but the Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety and Support) Act 2025).\n29—Amendment of section 20—Application to Court for Intervention order\nSection 20(1)(d)—delete paragraph (d) and substitute:\n\t(d)\tif the defendant or a person protected by the order is a child and there is a State child protection order in force in respect of the child—the Chief Executive within the meaning of the Children and Young People (Safety and Support) Act 2025; or\n30—Amendment of section 26—Intervention orders\nSection 26(1)(c)—delete paragraph (c) and substitute:\n\t(c)\tif the defendant or a person protected by the order is a child and there is a State child protection order (being an order made under Part 10 of the Children and Young People (Safety and Support) Act 2025, or a corresponding order under section 38 of the Children's Protection Act 1993 or section 53 of the Children and Young People (Safety) Act 2017) in force in respect of the child—the Minister to whom the administration of the Children and Young People (Safety and Support) Act 2025 is committed; or\nPart 16—Amendment of Mental Health Act 2009\n31—Amendment of section 86—Minister's functions\nSection 86(c)—after \"Children and Young People (Safety) Act 2017\" insert:\nPart 17—Amendment of Ombudsman Act 1972\n32—Amendment of section 12C—Time within which complaints may be made\nSection 12C—after subsection (1) insert:\n\t(1a)\tDespite subsection (1), the Ombudsman may entertain a complaint under this Act of the following kinds if the complaint is made within 2 years from the day on which the complainant first had notice of the matters alleged in the complaint:\n\t(a)\ta prescribed child protection complaint (within the meaning of section 28A of the Health and Community Services Complaints Act 2004);\n\t(b)\ta complaint, or complaint of a class, prescribed by the regulations (being a complaint relating to the performance of functions by or on behalf of the Department under the Children and Young People (Safety and Support) Act 2025).\n\t(1b)\tTo avoid doubt, subsection (1a)(a) applies whether the prescribed child protection complaint—\n\t(a)\tis made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016; or\n\t(b)\tis referred to the Ombudsman by the Commissioner under section 28A of the Health and Community Services Complaints Act 2004; or\n\t(c)\tis made under this Act.\n33—Amendment of section 13—Matters subject to investigation\nSection 13(6), definition of at risk—delete the definition\nPart 18—Amendment of Residential Tenancies Act 1995\n34—Amendment of section 89A—Termination based on domestic abuse\nSection 89A(9)(b)—delete paragraph (b) and substitute:\n\t(b)\tan order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025;\n35—Amendment of section 105UA—Termination based on abuse of rooming house resident\nSection 105UA(7)(b)—delete paragraph (b) and substitute:\n\t(b)\tan order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025;\n36—Amendment of section 112—Restraining orders\nSection 112(1b)(b)—delete paragraph (b) and substitute:\n\t(b)\tan order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025;\nPart 19—Amendment of Sentencing Act 2017\n37—Amendment of section 71—Home detention orders\n\t(1)\tSection 71(5), definition of foster parent, (b)—delete \"section 77 of the Children and Young People (Safety) Act 2017\" and substitute:\nsection 136 of the Children and Young People (Safety and Support) Act 2025\n\t(2)\tSection 71(7)(h)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n38—Amendment of section 96—Suspension of imprisonment on defendant entering into bond\n\t(1)\tSection 96(9), definition of foster parent, (b)—delete \"section 77 of the Children and Young People (Safety) Act 2017\" and substitute:\nsection 136 of the Children and Young People (Safety and Support) Act 2025\n\t(2)\tSection 96(11)(h)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n","sortOrder":30},{"sectionNumber":"Part 20","sectionType":"part","heading":"Amendment of South Australian Public Health Act 2011","content":"Part 20—Amendment of South Australian Public Health Act 2011\n39—Amendment of section 96A—Interpretation\nSection 96A(1)(j)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n","sortOrder":31},{"sectionNumber":"Part 21","sectionType":"part","heading":"Amendment of Summary Offences Act 1953","content":"Part 21—Amendment of Summary Offences Act 1953\n40—Amendment of section 60—Disrespectful conduct in court\nSection 60(8)—delete subsection (8) and substitute:\n\t(8)\tThis section does not apply in respect of—\n\t(a)\tproceedings in the Youth Court of South Australia (other than proceedings under the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025); or\n\t(b)\ta child who is a party to proceedings under the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025.\n41—Amendment of section 66V—Power to remove children from dangerous situations\nSection 66V—delete \"section 41 of the Children and Young People (Safety) Act 2017\" and substitute:\nsection 87 of the Children and Young People (Safety and Support) Act 2025\n","sortOrder":32},{"sectionNumber":"Part 22","sectionType":"part","heading":"Amendment of Youth Court Act 1993","content":"Part 22—Amendment of Youth Court Act 1993\n42—Amendment of section 7—Jurisdiction\nSection 7(a)—delete paragraph (a) and substitute:\n\t(a)\thas jurisdiction to hear and determine proceedings under the Children and Young People (Safety) Act 2017 and the Children and Young People (Safety and Support) Act 2025; and\n","sortOrder":33},{"sectionNumber":"Part 23","sectionType":"part","heading":"Amendment of Youth Justice Administration Act 2016","content":"Part 23—Amendment of Youth Justice Administration Act 2016\n43—Amendment of section 3—Objects and guiding principles\nSection 3(1)(g)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n44—Amendment of section 4—Interpretation\n\t(1)\tSection 4(1), definition of Child and Young Person's Visitor—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n\t(2)\tSection 4(1), definition of guardian—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n45—Amendment of section 14—Training Centre Visitor's functions\nSection 14(2)(b)(i)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n46—Amendment of section 43—Community programs\nSection 43(3)(b)—delete \"Children and Young People (Safety) Act 2017\" and substitute:\n","sortOrder":34},{"sectionNumber":"Part 24","sectionType":"part","heading":"Repeal of Children and Young People (Safety) Act 2017","content":"Part 24—Repeal of Children and Young People (Safety) Act 2017\n47—Repeal of Children and Young People (Safety) Act 2017\nThe Children and Young People (Safety) Act 2017 is repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n12.6.2025\nuncommenced\n","sortOrder":35}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope change cannot be assessed as the legislative text was inaccessible. No comparison between original intent and final form is possible without the bill and Act content."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 'Page Not Found' error","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Children and Young People (Safety and Support) Act 2025 is a South Australian law concerning the protection and welfare of children and young people. It likely updates how child safety, reporting obligations, intervention and out‑of‑home care or support services operate. It affects children, families, carers and professionals responsible for child welfare and matters because it reshapes legal duties and supports for vulnerable young people."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This 2025 Act broadens and deepens the statutory child protection framework compared with the earlier Act it repeals. Beyond restating core protective objectives, it adds detailed new machinery: a statutory State Strategy and mandatory agency Safety & Support Plans (Part 5); an expanded and enforceable licensing and oversight regime for foster agencies and residential facilities (Part 13); explicit statutory delegation and funded roles for recognised Aboriginal and Torres Strait Islander entities (Part 4, ss 53–55); stronger investigatory and enforcement tools (directions for assessments, random testing, seizure powers, and passport seizure — ss 32, 82–84); and more prescriptive administrative review and tribunal mechanisms (ss 202–203). The Act also formalises broader mandatory‑reporting obligations and interagency information‑sharing powers (s 76; s 41). Together, these additions move the instrument from a primarily protective framework to a comprehensive regulatory system that controls provider licensing, administrative delegation, data flows and coercive interventions — expanding both the State’s operational toolkit and the regulatory obligations falling on non‑state actors."},"complexity_factors":["Very large Act: 19 Parts plus 2 Schedules and many Divisions (extensive length and structure).","Extensive definitions in Interpretation (s 3) with many cross‑referenced defined terms used across the Act.","Multiple, overlapping decision makers and review routes: Chief Executive, Minister, Youth Court, SACAT, internal review, Contact Arrangements Review Panel, interagency panels (Parts 3, 10, 17, 18, 12).","Heavy use of delegated detail: numerous provisions leave operational detail to regulations or guidelines (e.g. ss 29, 30, 97, 223).","Nested conditional logic and exceptions throughout (for example removal powers with custody notice alternative at s 87(3), and ATSI exceptions in Part 4).","Complex ATSI regime with distinct principles, delegation powers, recognition processes and funding (Part 4, ss 49–55) that override or modify Part 2 in specific respects (s 45).","Multiple licensing and regulatory regimes with separate offences and penalties for caregivers, agencies and facilities (ss 150–166) including differential penalties for bodies corporate and individuals.","Interplay and amendment of many other Acts (Schedule 2) creating inter‑statutory cross‑references across the system (Youth Court Act, Child Safety (Prohibited Persons) Act, Adoption Act, etc.).","Significant criminal law elements embedded with different penalty levels, including imprisonment, and evidentiary presumptions (Part 14, ss 170–172, s 222).","Data sharing and confidentiality provisions that both authorise sharing (s 41) and tightly restrict disclosure (ss 214, 218, 215), creating legal complexity for practitioners.","Multiple administrative reporting and planning obligations with specific timeframes (Minister and Chief Executive annual reports, ss 25, 28; State Strategy and agency Plans, ss 66–73).","Cross‑jurisdictional transfer mechanics for orders and proceedings (Part 16) with consent, registration and review rules — intricate procedural regime."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Replaces the previous child protection Act and sets out a detailed system for protecting children and young people in South Australia. It creates duties, powers and review paths for government agencies, the Youth Court, carers, licensed agencies and other organisations. (See title and Part 24 repeal.)\n\n- Establishes core decision‑making principles that must guide every actor under the Act: safety as the first priority (s 10), the child's best interests (s 11), a duty to make \"active efforts\" (s 12) and to use \"effective intervention\" (s 13). Those principles must be given effect by officials and delegated decision‑makers (s 8).\n\n- Requires certain professionals to report reasonable suspicions that a child may be at risk of significant harm (mandatory reporters) and sets out how the Department must assess and respond to reports (mandatory reporting: s 76; assessment and response: ss 77–79).\n\n- Gives child protection officers broad powers to investigate and intervene, including entering premises, seizing items, issuing custody notices and removing children when there are reasonable grounds to believe a child is at risk of significant harm (powers and removal: ss 31–33, 87). Removal places the child in the custody of the Chief Executive for a short statutory period while decisions or Court applications are pursued (s 88).\n\n- Creates quicker, administrative interventions where a parent is convicted of specified serious offences against a child: temporary instruments of guardianship and restraining notices that last for a defined period and must be followed by Court application (ss 89–94).\n\n- Lays down where decisions belong: the Chief Executive determines placements and contact arrangements for children in care (ss 135, 143) and the Youth Court has a structured role for orders, assessments and guardianship decisions (Part 10, especially ss 115–116).\n\n- Regulates the out‑of‑home care market: \"approved carers\" must be authorised (ss 149–155); foster care agencies and children's residential facilities must be licensed and meet record‑keeping and staffing requirements (ss 156–166); financial penalties and cancellation powers are specified (see ss 157–166). A person must not provide out‑of‑home care unless approved (s 150).\n\n- Strengthens obligations and supports specifically for Aboriginal and Torres Strait Islander (ATSI) children: a dedicated Part (Part 4) requires active efforts to implement the ATSI Child Placement Principle; introduces Aboriginal family‑led decision making, cultural support schemes, recognition of Aboriginal entities and a formal delegation route so recognised ATSI entities can perform delegated functions (ss 43–55, 49–54). Costs of delegated functions are to be borne by the Crown (s 55).\n\n- Establishes system‑level instruments: a State Strategy and agency Safety & Support Plans (Part 5) that prescribed State authorities must prepare and report against (ss 66–73). There are annual reporting obligations for Minister and Chief Executive (ss 25, 28).\n\n- Prescribes review and appeal routes: internal review by the Chief Executive for many administrative decisions (s 202), review by SACAT for internal‑reviewed decisions (s 203), and Court review or Youth Court jurisdiction for orders (Part 10). Family group conferences, a Child and Young Person's Visitor and interagency practice review panels are also created (Parts 8, 34–37, 17–18).\n\n- Gives Government powers to require information sharing between specified agencies and bodies for child safety purposes (s 41), subject to confidentiality protections elsewhere (ss 218, 214). It also sets penalties for obstructing officers, publishing identifying information and for certain criminal conduct (multiple offence provisions in Part 19 and elsewhere).\n\n- Provides specific assessment and enforcement tools for parental factors: directions to undergo drug, alcohol, mental health or parenting assessments; schemes for random testing and rehabilitation orders in prescribed circumstances, with protections about use and destruction of forensic material (ss 82–86).\n\n\nWho is affected\n\n- Children and young people (any person under 18) who come into contact with child protection systems and the people who care for them (defined in s 3 and throughout the Act). The Act also creates continuing obligations for care leavers up to certain ages (Parts 15).\n\n- Parents, guardians and family members: the Act can remove custody, place children into care, and impose directions or restraining notices where a parent has been found guilty of serious offences (Part 8 Division 4).\n\n- Approved carers, foster care agencies and residential facility operators: licensing, approval, review, record keeping and criminal penalties affect how these services are run (Parts 13, Division 2 and 3).\n\n- A broad set of professionals are prescribed as mandatory reporters (health practitioners, teachers, police, social workers, clergy in some contexts) and so must notify suspected significant harm (s 76 and definition list therein).\n\n- State authorities and non‑government service providers: the Act requires plans, reporting, cooperation, information sharing and compliance with safe‑environment policies (s 74; Part 5 and Division 9 on information sharing, s 41).\n\n- Recognised Aboriginal or Torres Strait Islander entities: the Act gives them a statutory role and a legal path to receive delegated decision functions and participate in placements and family‑led decision processes (ss 53–55).\n\nWhy it matters (stated purposes, then practical trade‑offs)\n\n- The Act expressly aims to protect children and, where possible, keep them safe with their families while strengthening supports and partnership with families and communities (statement of objects in the preamble and Part 2). Those aims are operationalised by: (a) mandatory reporting and structured assessment (s 76 et seq.); (b) prioritising safety and active attempts to keep families together before removal (ss 10–12); and (c) embedding ATSI placement and family‑led decision principles (Part 4).\n\n- Costs, incentives and trade‑offs to note:\n  - Implementation and administrative cost: the Act creates many new obligations on the Department, Ministers, State authorities and licensed providers (reporting, annual plans, licensing, training, record‑keeping). Those obligations carry staff time, systems and likely funding needs (see ss 25, 28, 71, 157, 164).\n  - Compliance burden on non‑government providers: licensing (ss 157, 164), mandatory policies (s 74) and record‑keeping (ss 160, 166) impose regulatory costs and ongoing review requirements (ss 152, 161). That may affect supply and structure of providers.\n  - Concentrated decision authority and discretion: the Chief Executive holds wide operational powers (placement, information directions, delegation) and the Minister has broad functions including recognition of peak bodies and establishing networks (ss 20, 26, 39, 53). Those discretions centralise many choices in the executive and depend on administrative rules, guidelines and regulations for detail.\n  - Shift of decision power to recognised ATSI entities: the Act creates a legal route to delegate functions to recognised Aboriginal or Torres Strait Islander entities and requires the Crown to fund reasonable costs for those delegated functions (ss 54–55). This changes how decisions about ATSI children may be made and allocates public funds for that purpose.\n  - Enforcement tools vs civil liberties: powers to direct assessments, random drug and alcohol testing and seizure of passports (ss 82–85, 32(1)(d)) are strong enforcement levers designed to manage risk, but they limit the autonomy of parents and others and raise questions about safeguards, thresholds and evidentiary controls (for example, protections at s 85 and regulation‑made requirements).\n  - Data sharing and confidentiality trade‑offs: the Act authorises sharing of prescribed information among specified bodies for child protection purposes (s 41) while also imposing confidentiality and limits on publication (ss 214, 218, 215). Practically, that reduces information barriers between agencies but introduces risks around privacy, data handling and subsequent use.\n  - Criminal penalties and deterrence: the Act creates criminal offences for harbouring absent care children, unlawful taking, refusing to comply with lawful directions and for publication of identifying information (ss 171–172, 170, 215–216). These are designed to protect placements, but they also add criminal sanctions to family disputes and public reporting.\n\n- Implementation risk and opportunity costs: many of the substantive details are to be determined in regulations and in departmental guidelines (multiple provisions require regulations or guidelines: e.g. ss 29, 30, 97, 223). That means the Act sets a broad architecture but leaves critical operational choices—eligibility, procedural protections, administrative forms, timeframes and detailed confidentiality rules—to subordinate instruments and departmental practice. Effective delivery therefore depends on regulatory detail, funding and capacity of statutory and community bodies (particularly recognised ATSI entities).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: the Crown (State) funds the Department, the Chief Executive performs core functions and must pay reasonable costs of recognised ATSI entities performing delegated functions (s 55). Licensed providers bear the direct costs of licensing, record keeping and compliance; individuals and organisations face fines or criminal exposure for non‑compliance.\n\n- Who decides: operational decisions about placement, contact arrangements and case plans rest largely with the Chief Executive (ss 133, 143, 135). The Minister sets strategy, recognises peak bodies and can direct interagency meetings (ss 20–23, 38). The Youth Court retains judicial oversight for orders and review (Part 10). Recognised ATSI entities can be delegated specified functions (s 54) and SACAT and internal review provide administrative review routes (ss 202–203).\n\n- Behaviour changes the law incentivises:\n  - Mandatory reporters will increase notifications to the Department (s 76).\n  - Agencies and organisations will put in place policies, training and record‑keeping to meet licensing and safe environment requirements (s 74, ss 157–166).\n  - The Department and Chief Executive are required to prioritise early, culturally appropriate interventions and to document \"active efforts\" before removing ATSI children (ss 12, 49–51).\n  - Families and carers will engage with family group conferences and case planning because the Act gives those processes statutory significance (Parts 8 and 11).\n\nConcrete implementation and enforcement levers to watch (by section)\n\n- Mandatory reporting and assessment: s 76 and ss 77–79.\n- Removal and custody: s 87 (removal), s 88 (custody period).\n- Delegation to ATSI entities: s 54 and funding obligation s 55.\n- Licensing of foster agencies and residential facilities: ss 157–166.\n- Random testing and assessment of adults: ss 82–84 with forensic protections at s 85.\n- Information sharing: s 41; confidentiality limits: ss 214, 218.\n- Internal review and external tribunal review: ss 202–203.\n\nSummary conclusion (neutral):\nThis Act is a comprehensive, system‑level overhaul of child protection law for South Australia. It combines (a) clear high‑level principles (safety, best interests, active efforts), (b) operational powers for the Chief Executive and child protection officers to intervene quickly, (c) statutory processes for Court orders and reviews, (d) a regulated market for out‑of‑home care, and (e) a specific statutory architecture to increase ATSI participation and delegated decision making. The Act concentrates significant implementation detail in regulations and departmental guidelines, so its practical effect will depend heavily on subordinate instruments, funding and administrative capacity (see multiple provisions requiring regulations and guidelines, e.g. ss 29, 30, 97, 223)."},"kimi_summary":{"_metrics":{"completionTokens":925},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond traditional child protection. Originally focused on removal and placement, it now encompasses: (1) universal family support and prevention services (Part 5 State Strategy); (2) Aboriginal self-determination and delegated decision-making (Part 4); (3) post-care support to age 25 (Part 15); (4) interagency coordination across health, education, justice and housing (sections 21, 39, 41); (5) quality of care reporting and residential facility oversight; and (6) extensive information sharing frameworks. The 'Safety and Support' title reflects this deliberate broadening from reactive child removal to proactive family strengthening."},"complexity_factors":["224 sections across 19 Parts with extensive cross-referencing to other legislation","47 defined terms in section 3 alone, many with nested definitions (e.g., 'harm', 'significant harm', 'at risk of harm')","Multiple conditional hierarchies: 'if...then...unless...however' structures throughout (e.g., sections 76, 87, 98)","Aboriginal and Torres Strait Islander provisions create parallel decision-making tracks with additional requirements (Part 4)","Extensive amendment schedule affecting 24 other Acts with technical substitution language","Delegated legislative power: numerous 'prescribed by regulations' placeholders (estimated 80+)","Three-tier review system: internal review → SACAT review → potential court appeals","Interstate transfer provisions with complex jurisdictional coordination requirements (Part 16)","Multiple exceptions to exceptions (e.g., section 76 mandatory reporting with 5 exceptions, each with sub-exceptions)","Temporal complexity: instruments of guardianship, restraining notices, and various orders with cascading time limits and extension mechanisms"],"plain_english_summary":"**What this legislation does:**\n\nThis is South Australia's new child protection and family support law, replacing the 2017 Act. It completely overhauls how the state keeps children safe, supports families, and cares for children who can't live at home.\n\n**Key things it covers:**\n\n**For children and families:**\n- **Mandatory reporting** — doctors, teachers, police and others must report if they suspect a child is at risk of serious harm\n- **Family group conferences** — families get a say in decisions about where children live and who cares for them\n- **Case plans** — every child in care gets a written plan covering their health, education, family contact and future\n- **Leaving care support** — young people leaving care get help with housing, jobs, education and accessing their records until age 25\n\n**For Aboriginal and Torres Strait Islander children:**\n- **Aboriginal and Torres Strait Islander Child Placement Principle** — Aboriginal children should stay with Aboriginal families where possible, and maintain connection to culture, community and Country\n- **Delegated decision-making** — recognised Aboriginal organisations can make decisions about Aboriginal children\n- **Family-led decision making** — Aboriginal families must be supported to make decisions in culturally appropriate ways\n- **Respected Persons scheme** — cultural advisors help courts understand Aboriginal culture\n\n**For carers:**\n- **Approved carer system** — foster and kinship carers must be approved and meet standards\n- **Licensed agencies** — organisations placing children with carers need licences\n- **Information sharing** — carers must get information they need to care for children safely\n\n**New oversight bodies:**\n- **Child and Young Person's Visitor** — independent advocate who visits children in residential care\n- **Contact Arrangements Review Panel** — reviews decisions about family contact\n- **Interagency practice review panels** — investigate when children die or suffer serious harm\n\n**Court powers:**\n- The Youth Court can make orders placing children under guardianship, grant custody, issue warrants, and transfer cases between states\n- Children must be heard in proceedings (unless inappropriate)\n\n**Why it matters:**\nThis law tries to keep children safe while keeping families together where possible. It recognises that removing children should be a last resort, and that Aboriginal children have specific rights to culture and self-determination. It also gives young people leaving care better support to transition to adulthood."}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-safety-and-support-act-2025","history":"/api/acts/children-and-young-people-safety-and-support-act-2025/history","analysis":"/api/acts/children-and-young-people-safety-and-support-act-2025/analysis","conflicts":"/api/acts/children-and-young-people-safety-and-support-act-2025/conflicts","importantCases":"/api/acts/children-and-young-people-safety-and-support-act-2025/important-cases","documents":"/api/acts/children-and-young-people-safety-and-support-act-2025/documents"}}