{"id":"children-and-young-people-safety-regulations-2017","name":"Children and Young People (Safety) Regulations 2017","slug":"children-and-young-people-safety-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235264,"registerId":"sa-children-and-young-people-safety-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Children and Young People (Safety) Regulations 2017","content":"South Australia\nChildren and Young People (Safety) Regulations 2017\nunder the Children and Young People (Safety) Act 2017\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRelevant laws\n5\tState authorities\n6\tWho may attend family group conferences\n7\tProcedures at family group conferences\n8\tCase plans\n9\tApplication of Chapter 5 Part 1 of Act\n10\tReporting of suspicion that child or young person may be at risk\n11\tAssessment of reports and notifications\n12\tExamination and assessment of child or young person\n13\tAssessments under section 36 of Act\n14\tRandom drug and alcohol testing scheme\n15\tNotice relating to rehabilitation program under section 38 of Act\n16\tDestruction of forensic material\n17\tRemoval of child or young person\n17A\tPrescribed information\n17B\tOnus on objector\n18\tExclusions from definition of out of home care\n18A\tTemporary placement of child or young person\n19\tExemption\n20\tInformation to be provided to children and young people\n21\tDisclosure of information provided to approved carers\n22\tInformation to be included in long‑term care plans\n23\tApplications relating to long‑term guardianship\n24\tContact arrangements\n25\tContact Arrangements Review Panel\n26\tReviews by Contact Arrangements Review Panel\n26A\tExemption from section 98 of Act\n27\tRenewal of licence to carry on business as foster care agency\n28\tRecord keeping—licensed foster care agencies\n29\tChildren's residential facilities\n30\tRenewal of licence to operate children's residential facility\n31\tExemption from requirement to be assessed before employment in licensed children's residential facility\n31A\tExemption from requirement to be assessed before employment in licensed children's residential facility\n32\tRecord keeping—licensed children's residential facilities\n33\tChief Executive to hear complaints\n34\tExemption from requirement to be assessed before employment in residential facility\n34A\tExemption from requirement to be assessed before employment in certain residential facilities\n35\tProviding safe environments for children and young people\n36\tPrescribed facilities—Child and Young Person's Visitor scheme\n37\tChild and Young Person's Visitor\n38\tPowers of child protection officers\n39\tSharing of information\n40\tLimitation on matters that may be reviewed under section 157 of Act\n40A\tReview of decisions by South Australian Civil and Administrative Tribunal\n40B\tMoney held on behalf of child or young person\n41\tProtection of identity of certain persons\n42\tConfidentiality\n43\tTransitional and saving provisions etc\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Children and Young People (Safety) Regulations 2017.\n2—Commencement\n\t(1)\tSubject to this regulation, these regulations will come into operation on 26 February 2018.\n\t(2)\tThe following regulations will come into operation on a day or time, or days or times, to be fixed by the Minister by notice in the Gazette:\n\t(a)\tregulations 6 to 18 (inclusive);\n\t(b)\tregulation 19(2) and (3);\n\t(c)\tregulations 22 to 35 (inclusive);\n\t(d)\tregulations 38 and 39.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Children and Young People (Safety) Act 2017;\nContact Arrangements Review Panel or Panel means the Contact Arrangements Review Panel established by the Minister under section 94 of the Act;\nregistered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia);\nunique identifier has the same meaning as in the Child Safety (Prohibited Persons) Act 2016.\n4—Relevant laws\nFor the purposes of paragraph (d) of the definition of relevant law in section 13(13) of the Act, the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and the Children's Protection Act 1993 are declared to be included in the ambit of that definition.\n5—State authorities\n\t(1)\tFor the purposes of paragraph (f) of the definition of State authority in section 16(1) of the Act, a person or body who, pursuant to a contract for services or other agreement, provides services to children and young people and their families for, or on behalf of, a State authority is declared to be a State authority.\n\t(2)\tFor the purposes of the definition of State authority in section 16(1) of the Act, the following persons and bodies are declared to be excluded from the ambit of that definition:\n\t(a)\teach court or tribunal of the State;\n\t(b)\tthe Ombudsman under the Ombudsman Act 1972;\n\t(c)\tthe Health and Community Services Complaints Commissioner under the Health and Community Services Complaints Act 2004;\n\t(d)\tthe Independent Commissioner Against Corruption under the Independent Commissioner Against Corruption Act 2012.\n6—Who may attend family group conferences\n\t(1)\tFor the purposes of section 23(1)(k) of the Act, a person invited by the co‑ordinator of a family group conference to attend the conference (being a person who, in the opinion of the co‑ordinator, has specialist knowledge, experience or other skills or authority that would be of assistance in relation to the conference) is prescribed.\n\t(2)\tFor the purposes of section 23(4)(b) of the Act, the notice required to be given to a person under that paragraph must be given in a manner that enables the person—\n\t(a)\tto understand the purpose of the family group conference and their proposed role in the conference; and\n\t(b)\tto make appropriate arrangements to attend the family group conference.\n7—Procedures at family group conferences\n\t(1)\tFor the purposes of section 24(4)(c) of the Act, acceptance of a decision must—\n\t(a)\tsubject to this regulation, be in writing; and\n\t(b)\tcomply with any requirements determined by the Chief Executive for the purposes of this subregulation.\n\t(2)\tIn the case where a person who accepts a decision in respect of a family group conference is unable to read or write, or is otherwise unable to record their acceptance in writing, the co‑ordinator may, if satisfied that the person understands the decision that they are accepting, record the person's acceptance in a manner determined by the co‑ordinator.\n\t(3)\tFor the purposes of section 24(4)(c) of the Act, a decision at a family group conference need not be accepted by a child or young person if the co‑ordinator is of the opinion that it is not (having regard to the child or young person's age and development) necessary or appropriate for the child or young person to accept the decision.\n\t(4)\tPursuant to section 24(6), a person who is present at a family group conference and who is not fluent in English is entitled to be assisted by an interpreter in relation to a language in which the person is fluent.\n8—Case plans\n\t(1)\tFor the purposes of section 28(2)(f) of the Act, a case plan in respect of a prescribed child or young person must also contain the following parts:\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(2)\tPursuant to section 28(4), the Chief Executive must 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.\nExample—\nSuch people would include the child or young person, their advocate, their teachers or persons providing care to the child or young person such as foster parents or other approved carers.\n\t(3)\tPursuant to section 28(4) of the Act, the Chief Executive must, in preparing the part of a case plan of an Aboriginal or Torres Strait Islander child or young person setting out a cultural maintenance plan, take reasonable steps to consult with—\n\t(a)\tan Aboriginal organisation or Torres Strait Islander organisation (as the case requires) of a kind that is, in the opinion of the co‑ordinator, appropriate to the child or young person; or\n\t(b)\ta member of the Aboriginal or Torres Strait Islander community (as the case requires) to which the child or young person belongs.\n9—Application of Chapter 5 Part 1 of Act\n\t(1)\tFor the purposes of section 30(3)(i) of the Act, the class of persons consisting of an officer or employee of a prescribed organisation who holds a management position in the organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of services to children and young people (whether or not those duties constitute child‑related work under the Child Safety (Prohibited Persons) Act 2016) is prescribed.\n\t(2)\tIn this regulation—\nprescribed organisation has the same meaning as in section 114 of the Act.\n10—Reporting of suspicion that child or young person may be at risk\nFor the purposes of section 31(2)(c) of the Act, a person need not report a suspicion under section 31(1) of the Act if the person believes on reasonable grounds that the Department is already aware of all of the information that forms the basis of the person's suspicion.\n11—Assessment of reports and notifications\n\t(1)\tFor the purposes of section 32(1) of the Act, a report or notification is to be assessed in accordance with any requirement or direction of the Chief Executive.\n\t(2)\tPursuant to section 32(5) of the Act, the Chief Executive may not refer a matter under section 32(3)(c) of the Act to the Guardian for Children and Young People.\n12—Examination and assessment of child or young person\nFor the purposes of section 35(1)(d) of the Act, circumstances in which the Chief Executive determines that it is, having regard to the operation of Chapter 2 of the Act, necessary or appropriate for a child or young person to be examined and assessed are prescribed.\n13—Assessments under section 36 of Act\n\t(1)\tPursuant to section 36(5) of the Act, the date and time of an assessment, and the place at which an assessment is to be conducted, are to be determined by the person or body who is to conduct the assessment (being the person or body referred to in subregulation (3)(b)).\n\t(2)\tPursuant to section 36(5) of the Act, the Chief Executive may revoke a notice under that section at any time and for any reason the Chief Executive thinks fit (and nothing in this subregulation prevents the Chief Executive from giving another direction under that section to the person to whom the notice relates at any time).\n\t(3)\tFor the purposes of section 36(4) of the Act, a notice must set out the following information:\n\t(a)\tthe nature of the assessment and the provision of the Act under which the relevant direction is given;\n\t(b)\tthe name and contact details of the person or body who is to conduct the assessment;\n\t(c)\ta direction that the person to be assessed must—\n\t(i)\tcontact the specified person or body referred to in paragraph (b) within the period specified in the notice; and\n\t(ii)\tcomply with any lawful directions of the person or body who is to conduct the assessment in relation to the assessment;\n\t(d)\tthe contact details of the Legal Services Commission;\n\t(e)\tcontact details of a person or body with whom the person can communicate in respect of the assessment;\n\t(f)\tinformation setting out the consequences for refusing or failing to comply with a direction under section 36 of the Act.\n\t(4)\tPursuant to section 36(5) of the Act, the person or body who conducts an assessment under that section must, in accordance with any requirement of the Chief Executive, provide a written report on the assessment to a person specified by the Chief Executive.\n14—Random drug and alcohol testing scheme\n\t(a1)\tFor the purposes of section 37(1)(c) of the Act, a person who, in the preceding 5 years, is the subject of an order of the Court under Chapter 6 Part 2 of the Act requiring the person to be assessed in relation to the use of drugs or alcohol (however described) is declared to be included in the ambit of that subsection.\n\t(1)\tFor the purposes of section 37(2) of the Act, the scheme for random drug and alcohol testing is the scheme determined by the Chief Executive for the purposes of that section and published in the Gazette, as in force from time to time.\n\t(2)\tWithout limiting any other provisions that the Chief Executive may include in the scheme, the following provisions will be taken to be part of the scheme, as in force from time to time:\n\t(a)\tfor the purposes of the law of the State, the taking of forensic material consisting of hair, blood, urine and saliva is authorised under the scheme (and the scheme must make provisions setting out how, and by whom, such forensic material may be taken);\n\t(b)\tforensic material taken under the scheme must be tested to identify whether drugs or alcohol are present in the forensic material and the scheme may make provisions—\n\t(i)\tsetting out how, and by whom, such testing is to be undertaken; and\n\t(ii)\tspecifying particular drugs that the forensic material must be tested for;\n\t(c)\tthe results of the testing referred to in paragraph (b) must be provided, in the manner and form determined by the Chief Executive, to a person specified by the Chief Executive.\n\t(3)\tThe Chief Executive may, by notice in the Gazette, vary or substitute the scheme referred to in subregulation (1).\n15—Notice relating to rehabilitation program under section 38 of Act\n\t(1)\tFor the purposes of section 38(3) of the Act, a notice must set out the following information:\n\t(a)\tthe provision of the Act under which the direction is given;\n\t(b)\tthe name and nature of the drug and alcohol rehabilitation program that the person is directed to undertake;\n\t(c)\tthe place at which the person must attend in relation to the rehabilitation program;\n\t(d)\tthe date and time of the rehabilitation program;\n\t(e)\tcontact details of a person or body with whom the person can communicate in respect of the rehabilitation program;\n\t(f)\tinformation setting out the consequences for refusing or failing to comply with a direction under section 38 of the Act,\nand may contain any other information or direction the Chief Executive thinks appropriate.\n\t(2)\tFor the purposes of this regulation, a reference to attending a rehabilitation program will be taken to include a reference to attending on each day on which the program runs, or at any appointment or meeting required by or under the program.\n16—Destruction of forensic material\nFor the purposes of section 40 of the Act, forensic material must be destroyed in accordance with a scheme determined by the Chief Executive.\n17—Removal of child or young person\nPursuant to section 41(2) of the Act, the requirements under section 41(1) of the Act will be taken to be satisfied in relation to a particular child or young person in circumstances where—\n\t(a)\teither—\n\t(i)\ta restraining order under section 99AAC of the Criminal Procedure Act 1921; or\n\t(ii)\tan intervention order under the Intervention Orders (Prevention of Abuse) Act 2009,\nis in force against a particular person; and\n\t(b)\tit is a condition of the restraining order or intervention order (as the case requires) that the person not reside with the child or young person; and\n\t(c)\tthe person is residing with the child or young person.\n17A—Prescribed information\nFor the purposes of section 48 of the Act, the following information is prescribed:\n\t(a)\tthe name, address and date of birth of the person found guilty of the qualifying offence;\n\t(b)\tdetails of each qualifying offence of which the person is found guilty;\n\t(c)\tsuch other information as may be specified by the Chief Executive after consultation with the Courts Administration Authority.\n17B—Onus on objector\nFor the purposes of section 59(1a) of the Act, proceedings where the child or young person to whom the proceedings relate—\n\t(a)\tis under the guardianship, or in the custody, of the Chief Executive or another person pursuant to an interim order made under section 53(2) of the Act; and\n\t(b)\twas not, at the time the application relating to the proceedings was made, under the guardianship, or in the custody, of the Chief Executive or another person pursuant to any other order under section 53 of the Act,\nare prescribed.\n18—Exclusions from definition of out of home care\nFor the purposes of the definition of out of home care in section 69 of the Act, the following kinds of care are declared to be excluded from the ambit of that definition:\n\t(a)\tcare provided to children and young people at a licensed children's residential facility;\n\t(b)\tcare provided to children and young people at a residential facility established under section 36 of the Family and Community Services Act 1972.\n18A—Temporary placement of child or young person\n\t(1)\tPursuant to section 77(4) of the Act, the Chief Executive may place a child or young person with a person under section 77(1) of the Act despite it being reasonably practicable to place the child or young person in the care of a particular approved carer if the Chief Executive is satisfied that to place the child or young person under that subsection is (having regard to the operation of Chapter 2 of the Act as well as the circumstances relating to the child or young person) preferable to placing the child or young person with the approved carer.\n\t(2)\tPursuant to section 77(4) of the Act, section 77(2)(b) of the Act will be taken not to apply to the placement of a child referred to in subregulation (1).\n19—Exemption\n\t(1)\tPursuant to section 170(2)(a) of the Act, a placement agency is exempt from the requirements under—\n\t(a)\tsection 79(1) of the Act; and\n\t(b)\tsection 80 of the Act; and\n\t(c)\tsection 81(1)(b) of the Act (to the extent that that paragraph relates to a member of an approved carer's household),\nin relation to a child or young person placed in—\n\t(d)\ta licensed children's residential facility; or\n\t(e)\ta residential facility established under section 36 of the Family and Community Services Act 1972; or\n\t(f)\tthe care of an approved carer of a kind determined by the Chief Executive for the purposes of this subregulation.\n\t(2)\tPursuant to section 170(2)(a) of the Act an approved carer is exempt from the requirements under—\n\t(a)\tsection 75(1)(b) of the Act; and\n\t(b)\tsection 75(1)(c) or (d) of the Act (being a requirement relating to a person residing with the approved carer),\nif the approved carer does not provide care for children and young people at the approved carer's residence.\n\t(3)\tPursuant to section 170(2)(a) of the Act, the Chief Executive is exempt from the requirement under section 89(3) of the Act in relation to an approved carer providing care for a child or young person in—\n\t(a)\ta licensed children's residential facility; or\n\t(b)\ta residential facility established under section 36 of the Family and Community Services Act 1972.\n20—Information to be provided to children and young people\nFor the purposes of section 80 of the Act, the following information (being information that is known to the relevant placement agency and that is, in the opinion of the placement agency, relevant to the circumstances of a particular child or young person) is prescribed:\n\t(a)\tthe name and age of the approved carer;\n\t(b)\tthe address at which the child or young person will reside if placed with the approved carer;\n\t(c)\tthe school (if any) in which it is intended that the child or young person be enrolled (including, if relevant, where there is to be no change in the school from the child or young person's current enrolment);\n\t(d)\tthe nature of the employment (if any) of the approved carer;\n\t(e)\tdetails setting out the name, age and gender of any other persons residing with the approved carer;\n\t(f)\tdetails of any relevant experience the approved carer has had caring for children and young people.\n21—Disclosure of information provided to approved carers\nFor the purposes of section 81(2)(e) of the Act, an approved carer may disclose information provided under that section—\n\t(a)\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(b)\twith the authorisation of the Chief Executive.\n22—Information to be included in long‑term care plans\nFor the purposes of section 90(2) of the Act, a long‑term care plan in respect of a child or young person must contain the following information:\n\t(a)\ta cultural maintenance plan for the child or young person;\n\t(b)\tdetails of any contact arrangements with the family of the child or young person or other significant people in the child or young person's life;\n\t(c)\tinformation setting out how the educational, health and disability needs (if any) of the child or young person will be met;\n\t(d)\tdetails of any financial or other support provided, or to be provided, to any approved carer in whose care the child or young person is placed;\n\t(e)\tdetails of any compensation paid or payable to the child or young person under the Victims of Crime Act 2001;\n\t(f)\tdetails of any dispute resolution process (including mediation) to be followed in relation to disputes involving the care of the child or young person;\n\t(g)\tinformation relating to the most recent review of the child or young person's long‑term care plan.\n23—Applications relating to long‑term guardianship\n\t(1)\tFor the purposes of section 91(3) of the Act, an application to the Court under that section must include information setting out the views relating to the application (if known to the Chief Executive) of such of the following persons and bodies as may be relevant:\n\t(a)\tthe child or young person to whom the application relates;\n\t(b)\tthe proposed guardian or guardians;\n\t(c)\tthe birth family of the child or young person;\n\t(d)\tthe Department;\n\t(e)\ta person or body representing the culture or community of the child or young person,\nand may contain any other information the Chief Executive considers relevant to the application.\n\t(2)\tPursuant to section 91(3) of the Act, the Chief Executive need not comply with section 91(1) of the Act if, following completion of a care plan—\n\t(a)\tthe Chief Executive becomes aware (by any means) of information not considered in the course of an assessment under section 89(3) of the Act, or in the course of preparing a long‑term care plan under section 90(1) of the Act; and\n\t(b)\tthe Chief Executive, having considered the information, is satisfied that the proposed guardian is not suitable to be the guardian of the relevant child or young person.\n24—Contact arrangements\n\t(1)\tFor the purposes of section 93(5)(c) of the Act, a determination under that section must set out the following:\n\t(a)\tdetails of the Chief Executive's compliance with section 93(3) of the Act;\n\t(b)\tthe methods by which contact visits may be undertaken;\n\t(c)\tany methods that must not be used to undertake a contact visit;\n\t(d)\tany persons who must not be present during contact visits;\n\t(e)\tthe Chief Executive's reasons for a provision set out in the determination in accordance with that section and this regulation.\n\t(2)\tPursuant to section 93(8) of the Act, the following provisions apply in respect of contact arrangements under the Act:\n\t(a)\tthe Chief Executive must take reasonable steps to provide a copy of each determination under that section, and each variation of the determination, to each person to whom the determination relates;\n\t(b)\tthe Chief Executive must take reasonable steps to explain to each person to whom a determination under that section relates the right to have the contact arrangements reviewed under section 95 of the Act;\n\t(c)\tcontact visits may, at the discretion of the Chief Executive, consist of or include—\n\t(i)\tface to face contact visits; or\n\t(ii)\ttelephone calls; or\n\t(iii)\twritten communication; or\n\t(iv)\tthe use of specified social media; or\n\t(v)\tsuch other methods as the Chief Executive considers appropriate;\n\t(d)\tthe Chief Executive may exclude a specified method or methods from being used in contact visits if the Chief Executive considers it necessary or appropriate to do so in the circumstances of a particular determination;\n\t(e)\tthe Chief Executive must cause a record of the reasons for any determination under section 93 of the Act to be made and kept in accordance with any determination of the Chief Executive.\n25—Contact Arrangements Review Panel\n\t(1)\tFor the purposes of section 94(1) of the Act, the following provisions apply to the establishment of the Contact Arrangements Review Panel:\n\t(a)\tthe Panel is to consist of not less than 3 persons appointed by the Minister, of whom—\n\t(i)\tat least 1 must be a person who is not an officer or employee of the Department; and\n\t(ii)\tat least 1 must be a person with qualifications or experience in matters related to the protection of children and young people;\n\t(b)\tmembers of the Panel will be appointed on terms and conditions determined by the Minister;\n\t(c)\tthe Panel must appoint 1 of the members to preside over meetings of the Panel.\n\t(2)\tFor the purposes of section 94(2) of the Act, the Panel has the following powers and functions:\n\t(a)\tthe review of contact arrangements under Chapter 7 Part 4 of the Act;\n\t(b)\tto report annually to the Minister on matters relating to contact arrangements under the Act;\n\t(c)\tsuch other functions as may be conferred on the Panel by or under the Act or by the Minister;\n\t(d)\tsuch powers as may be reasonably necessary to perform the functions of the Panel.\n\t(3)\tPursuant to section 94(3) of the Act, the following provisions apply to the Panel:\n\t(a)\tthe Panel is subject to the direction and control of the Minister (other than in relation to the determination of the Panel in relation to a particular review of contact arrangements);\n\t(b)\ta member of the Panel may also be a member of a panel under section 85 of the Act.\n26—Reviews by Contact Arrangements Review Panel\nPursuant to section 95(9) of the Act, the following provisions apply in relation to a review under that section:\n\t(a)\teach member of the Panel must, in relation to a particular review, be independent of the matter under review;\n\t(b)\tthe Panel must, in the case of a review relating to an Aboriginal or Torres Strait Islander child or young person, unless an appropriate Aboriginal or Torres Strait Islander person is already a member of the Panel, sit with an additional member who is an Aboriginal or Torres Strait Islander person appointed to the Panel in accordance with any determination or requirement of the Chief Executive;\n\t(c)\tthe Panel may, in the case of a particular review, sit with an additional member or members appointed to the Panel in accordance with any determination or requirement of the Chief Executive;\n\t(d)\tthe Panel is not bound by the rules of evidence and, subject to the Act, may conduct an inquiry under this section in such manner as the Panel thinks fit;\n\t(e)\ta review of contact arrangements must be conducted in a timely fashion and with a minimum of formality.\n26A—Exemption from section 98 of Act\nPursuant to section 170(2)(a) of the Act, the person from time to time holding or acting in the position of Director‑General under the Education Act 1972 is exempt from the operation of section 98 of the Act.\n27—Renewal of licence to carry on business as foster care agency\nFor the purposes of section 99(7), the following provisions apply to the renewal of a licence:\n\t(a)\tthe application for renewal must be made in a manner and form determined by the Chief Executive;\n\t(b)\tthe application must be made within such period before the expiry of the licence as may be determined by the Chief Executive.\n28—Record keeping—licensed foster care agencies\n\t(1)\tFor the purposes of section 101(1) of the Act, the following records are required:\n\t(a)\trecords setting out the name, date of birth, residential address and unique identifier (if any) of each approved carer in whose care the foster care agency places children or young people;\n\t(b)\trecords setting out the name, date of birth, residential address and unique identifier (if any) of each person employed in or by the foster care agency;\n\t(c)\trecords detailing each assessment conducted under section 102 of the Act;\n\t(d)\trecords setting out the following information in respect of each placement of a child or young person pursuant to the licence:\n\t(i)\tthe name and date of birth of the child or young person;\n\t(ii)\tthe name, date of birth and residential address of the approved carer in whose care the child or young person was placed;\n\t(iii)\tthe date of the placement;\n\t(iv)\tthe date (if any) on which the placement ended;\n\t(e)\tsuch other records as may be required by the Chief Executive.\n\t(2)\tDespite any provision of the State Records Act 1997 to the contrary, for the purposes of section 101(2) of the Act, records must be kept in accordance with the guidelines published by the Chief Executive by notice in the Gazette, as in force from time to time.\n29—Children's residential facilities\n\t(1)\tFor the purposes of paragraph (b) of the definition of children's residential facility in section 103 of the Act, such places as may be determined by the Chief Executive by notice in the Gazette are declared to be included in the ambit of that definition.\n\t(1a)\tThe Chief Executive may, by subsequent notice in the Gazette, vary or revoke a notice under subregulation (1).\n\t(2)\tFor the purposes of paragraph (f) of the definition of children's residential facility in section 103 of the Act, the following facilities and places are declared not to be included in the ambit of that definition:\n\t(a)\tthe residence of a person in whose care a child or young person is placed under section 77 of the Act;\n\t(b)\ta hospital or other health service;\n\t(c)\tany other facility or place determined by the Chief Executive.\n30—Renewal of licence to operate children's residential facility\n\t(1)\tFor the purposes of section 105(7) of the Act, the following provisions apply to the renewal of a licence:\n\t(a)\tthe application for renewal must be made in a manner and form determined by the Chief Executive;\n\t(b)\tthe application must be made within such period before the expiry of the licence as may be determined by the Chief Executive.\n\t(2)\tFor the purposes of paragraph (a) of the definition of prescribed number in section 105(8) of the Act, the prescribed number is 12.\n31—Exemption from requirement to be assessed before employment in licensed children's residential facility\n\t(1)\tFor the purposes of section 107(2) of the Act, the class of person consisting of persons (whether tradespeople or otherwise) from time to time engaged by a licensed children's residential facility to provide maintenance or repair services is prescribed.\n\t(2)\tFor the purposes of section 107(2) of the Act, the following classes of persons are prescribed:\n\t(a)\tpersons whose contact with children in the course of employment in a licensed children's residential facility is incidental;\n\t(b)\tstudents who are, as a part of an organised program, undertaking a placement in a licensed children's residential facility (being students in respect of whom a working with children check has been conducted within the preceding 5 years);\n\t(c)\tregistered health practitioners in respect of whom a working with children check has been conducted within the preceding 5 years,\nhowever those classes do not include a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n31A—Exemption from requirement to be assessed before employment in licensed children's residential facility\n\t(1)\tPursuant to section 170(2)(a) of the Act, the following persons and classes of persons are exempt from the operation of section 107(1) of the Act:\n\t(a)\ta public sector employee within the meaning of the Public Sector Act 2009 (not being a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016);\n\t(b)\tany other person, or class of persons, determined by the Chief Executive by written instrument to be included in the ambit of this paragraph.\n\t(2)\tThis regulation expires 12 months after the day on which it comes into operation.\nEditorial note—\nRegulation 31A has expired.\n32—Record keeping—licensed children's residential facilities\n\t(1)\tFor the purposes of section 108(1) of the Act, the following records are required:\n\t(a)\trecords setting out the name, date of birth, residential address and unique identifier (if any) of each person employed in or by the licensed children's residential facility;\n\t(b)\trecords setting out the following information in respect of each child or young person who is, from time to time, resident in the licensed children's residential facility:\n\t(i)\tthe name and date of birth of the child or young person;\n\t(ii)\tthe period of each residence;\n\t(iii)\tdetails of any complaint made by the child or young person in relation to their residence in the licensed children's residential facility (whether made under section 110 of the Act or otherwise);\n\t(c)\tsuch other records as may be required by the Chief Executive.\n\t(2)\tDespite any provision of the State Records Act 1997 to the contrary, for the purposes of section 108(2) of the Act, records must be kept in accordance with the guidelines published by the Chief Executive by notice in the Gazette, as in force from time to time.\n33—Chief Executive to hear complaints\n\t(1)\tFor the purposes of section 110(2) of the Act, a complaint must be investigated in the manner determined by the Chief Executive.\n\t(2)\tFor the purposes of paragraph (b) of the definition of prescribed facility in section 110(4) of the Act, the following facilities are prescribed:\n\t(a)\ta residential facility for children and young people established by the Minister under the Family and Community Services Act 1972;\n\t(b)\tany other facility (however described) established by the Minister or the Chief Executive and which children or young people under the guardianship, or in the custody, of the Chief Executive reside;\n\t(c)\tsuch other facilities as may be determined by the Chief Executive.\n34—Exemption from requirement to be assessed before employment in residential facility\n\t(1)\tFor the purposes of section 110A(2) of the Act, the following classes of persons are prescribed:\n\t(a)\ta person whose contact with children in the course of the person's employment in a residential facility is incidental;\n\t(b)\ta student who is, as a part of an organised program, undertaking a placement in a residential facility (being a student in respect of whom a working with children check has been conducted within the preceding 5 years);\n\t(c)\ta registered health practitioner in respect of whom a working with children check has been conducted within the preceding 5 years;\n\t(d)\ta person (whether a tradesperson or otherwise) from time to time engaged by a residential facility to provide maintenance or repair services,\nhowever those classes do not include a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n34A—Exemption from requirement to be assessed before employment in certain residential facilities\n\t(1)\tPursuant to section 170(2)(a) of the Act, the following persons and classes of persons are exempt from the operation of section 110A(1) of the Act:\n\t(a)\ta public sector employee within the meaning of the Public Sector Act 2009 (not being a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016);\n\t(b)\tany other person, or class of persons, determined by the Chief Executive by written instrument to be included in the ambit of this paragraph.\n\t(1a)\tThe following provisions apply in relation to an exemption contemplated by subregulation (1)(b):\n\t(a)\tthe Chief Executive may only grant an exemption under that paragraph if the Chief Executive is satisfied that it is reasonably necessary to do so to ensure continuity of care for children and young people;\n\t(b)\tthe Chief Executive must review each exemption granted under that paragraph at least once in each 6 week period and must, if of the opinion that it is no longer reasonably necessary that the exemption continue to ensure continuity of care for children and young people, revoke the exemption;\n\t(c)\tthe Chief Executive must cause sufficient records of each exemption granted under that paragraph, and each review of an exemption, to be kept to enable the Chief Executive to give effect to paragraph (b).\n\t(2)\tThis regulation expires 12 months after the day on which subregulation (1) comes into operation.\nEditorial note—\nRegulation 34A has expired.\n35—Providing safe environments for children and young people\n\t(1)\tFor the purposes of section 114(1)(c) of the Act, the following policies and procedures are required:\n\t(a)\tpolicies and procedures that ensure the prescribed organisation complies with any code of conduct or principles of good practice for caring for, or working with, children and young people developed by the Chief Executive under section 145 of the Act;\n\t(b)\tpolicies and procedures that ensure the prescribed organisation meets standards of care for ensuring the safety of children and young people as defined by the Chief Executive under section 145 of the Act;\n\t(c)\tsuch other policies and procedures as may be required by the Chief Executive by notice in the Gazette.\n\t(2)\tFor the purposes of paragraph (c) of the definition of prescribed organisation in section 114(7) of the Act, the following persons and bodies are declared to be included in the ambit of that paragraph:\n\t(a)\teach organisation to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this subregulation;\n\t(b)\tan organisation established after the commencement of this subregulation that would, had it been established before that commencement, have been an organisation to which section 8C of the Children's Protection Act 1993 applied immediately before that commencement;\n\t(c)\tan organisation (whenever established) that, after the commencement of this subregulation, becomes an organisation to which section 8C of the Children's Protection Act 1993 would have applied immediately before that commencement.\n36—Prescribed facilities—Child and Young Person's Visitor scheme\nFor the purposes of paragraph (b) of the definition of prescribed facility in section 116 of the Act, residential facilities established under section 36 of the Family and Community Services Act 1972 are prescribed.\n37—Child and Young Person's Visitor\n\t(1)\tPursuant to section 117(3) of the Act, the Governor may appoint a person (who may be the Guardian for Children and Young People ex officio) to be the Child and Young Person's Visitor.\n\t(2)\tIf the person appointed to be the Child and Young Person's Visitor is not the Guardian for Children and Young People ex officio, the person will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(3)\tThe Governor may remove a person from office as the Child and Young Person's Visitor on the presentation of an address from both Houses of Parliament seeking the person's removal.\n\t(4)\tThe Governor may suspend a person from the position of Child and Young Person's Visitor on the ground of incompetence or misbehaviour and, in that event—\n\t(a)\ta full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and\n\t(b)\tif, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.\n\t(5)\tThe position of Child and Young Person's Visitor becomes vacant if the person appointed to the position—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice given to the Minister; or\n\t(c)\tcompletes a term of appointment and is not reappointed; or\n\t(d)\tis removed from the position by the Governor under subregulation (3); or\n\t(e)\tbecomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or\n\t(f)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(g)\tbecomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or\n\t(h)\tbecomes, in the opinion of the Governor, mentally or physically incapable of exercising satisfactorily the functions of the position.\n\t(6)\tThe Minister may appoint a person to act in the position of Child and Young Person's Visitor—\n\t(a)\tduring a vacancy in the position; or\n\t(b)\twhen the Child and Young Person's Visitor is absent or unable to exercise the functions of the position; or\n\t(c)\tif the Child and Young Person's Visitor is suspended from the position under subregulation (4).\n38—Powers of child protection officers\n\t(1)\tFor the purposes of section 149(2)(a) of the Act, the period of 3 months is prescribed.\n\t(2)\tFor the purposes of section 149(2)(b) of the Act, a passport must, at the end of the prescribed period, be dealt with as follows:\n\t(a)\tthe Chief Executive must return the passport to a parent of the child or young person to whom the passport relates; or\n\t(b)\tthe Chief Executive may apply to the Court for an order authorising the Chief Executive to retain the passport for the period specified by the Court or until further order of the Court (however, if the Court does not grant the application, the passport must be dealt with in accordance with any order of the Court or, if no such order is made, the passport must be returned to a parent of the child or young person to whom the passport relates).\n\t(3)\tFor the purposes of section 149(6)(b) of the Act, an application for the issue of a warrant must comply with the following provisions:\n\t(a)\tan application may only be made by telephone if the applicant is of the opinion that the warrant is urgently required and there is insufficient time to make the application personally;\n\t(b)\tin the case of an application made by telephone—\n\t(i)\tthe applicant must inform the magistrate of the applicant's name and rank or position title (as the case requires) and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant has the authority to make the application;\n\t(ii)\tthe applicant must inform the magistrate of the grounds on which the issue of the warrant is sought;\n\t(iii)\tif it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of the warrant, the magistrate must inform the applicant of the facts that, in the magistrate's opinion, justify the issue of the warrant and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(iv)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant;\n\t(v)\tthe warrant will be taken to have been issued when signed by the magistrate;\n\t(vi)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(vii)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit in accordance with the applicant's undertaking.\n39—Sharing of information\n\t(1)\tFor the purposes of section 152(1)(h) of the Act, the following persons and bodies are prescribed:\n\t(a)\ta person or body that provides services to children and young people or their families for or on behalf of the Department;\n\t(b)\tnon-government schools;\n\t(c)\tthe South Australian Civil and Administrative Tribunal.\n\t(2)\tFor the purposes of section 152(2) of the Act, a provider must comply with the following requirements:\n\t(a)\tthe provider must confirm the identity of the recipient to whom prescribed information is to be provided;\n\t(b)\tthe provider must be satisfied that the recipient is, in fact, a person or body to whom section 152 of the Act applies;\n\t(c)\tthe provider must take reasonable steps to ensure that the prescribed information is not provided to any other person or body (being a person or body who is not a person or body to whom section 152 of the Act applies).\n\t(3)\tFor the purposes of section 152(6)(b) of the Act, a recipient may disclose information or documents received under that section—\n\t(a)\tfor the purposes of legal proceedings in which the information or document is relevant; or\n\t(b)\twith the written authority of the Chief Executive.\n\t(4)\tFor the purposes of section 152(6)(b) of the Act, a recipient who is, or was, an officer or employee of the Department engaged in the administration, operation or enforcement of the Act may disclose information or documents received under section 152 of the Act in the circumstances contemplated by section 164(1) of the Act.\n40—Limitation on matters that may be reviewed under section 157 of Act\nPursuant to section 157(4) of the Act, an application for a review under that section may only be made, and a review only conducted under that section, in relation to a decision of the Chief Executive under Chapter 7 of the Act (other than a decision under Part 4 of that Chapter).\n40A—Review of decisions by South Australian Civil and Administrative Tribunal\nFor the purposes of section 158(3)(c) of the Act, the following persons are prescribed:\n\t(a)\tthe applicant in respect of an internal review of the relevant reviewable decision under section 157 of the Act;\n\t(b)\ta child or young person to whom the relevant reviewable decision relates;\n\t(c)\tany other person aggrieved by the relevant reviewable decision and who, in the opinion of the South Australian Civil and Administrative Tribunal, has sufficient interest in the matter.\n40B—Money held on behalf of child or young person\nFor the purposes of section 161(2)(a) of the Act, the scheme relating to money held by the Public Trustee on behalf of a child or young person is the scheme determined by the Chief Executive, and set out in an agreement between the Chief Executive and the Public Trustee, as in force from time to time.\n41—Protection of identity of certain persons\nFor the purposes of section 163(1)(c) of the Act, a person may, in accordance with any requirements of the Chief Executive, disclose information referred to in that subsection—\n\t(a)\tif such disclosure is reasonably necessary for the performance of the person's official functions and duties, or the functions and duties of a State authority relating to the protection of children and young people from harm; or\n\t(b)\tif such disclosure is reasonably necessary to prevent harm, or further harm, being caused to a child or young person to whom the information relates.\n42—Confidentiality\n\t(1)\tPursuant to section 164(4) of the Act, personal information may be disclosed with the authorisation of the Chief Executive.\n\t(2)\tPursuant to section 164(4) of the Act, personal information will, for the purposes of that section, not be taken to have been disclosed merely because the personal information was disclosed to an interpreter in the course of lawfully disclosing the personal information under that section.\n\t(3)\tPursuant to section 170(3)(c) of the Act, for the purposes of section 164 of the Act, information obtained in the course of the administration, operation or enforcement of the Children's Protection Act 1993 (including, to avoid doubt, information obtained before the enactment of section 164 of the Act) will be taken to be information obtained in the course of performing functions or exercising powers under the Act (and an authorisation relating to such information under section 58(3)(c) of the Children's Protection Act 1993 in force immediately before the commencement of this regulation will continue in accordance with its terms and will be taken to be an authorisation to disclose such information under the Act).\n\t(4)\tThe Chief Executive may, by notice in writing, vary or revoke an authorisation referred to in subregulation (3).\n43—Transitional and saving provisions etc\n\t(1)\tPursuant to section 170(3)(c) of the Act, the Court, the Minister, the Chief Executive and any other person engaged in the administration, operation or enforcement of the Children's Protection Act 1993 must, in the course of exercising functions and powers under that Act, seek to give effect to the guiding principles and aims set out in Parts 1, 2 and 3 of Chapter 2 of the Act.\n\t(2)\tThe objects set out in section 3 of the Children's Protection Act 1993 (as in force immediately before the commencement of Schedule 1 Part 2 of the Act) are to be disregarded in the administration, operation or enforcement of the Children's Protection Act 1993 after the commencement of this regulation (whether or not conduct relating to a particular matter occurred before or after the commencement of this regulation).\n\t(3)\tHowever, if a provision of Part 1, 2 or 3 of Chapter 2 of the Act is inconsistent with a particular provision of the Children's Protection Act 1993 that is in force, the provision of the Children's Protection Act 1993 will prevail to the extent of the inconsistency.\n\t(4)\tPursuant to section 170(3)(c) of the Act, a direction of the Chief Executive under Part 7 Division 2 of the Children's Protection Act 1993 in force immediately before the commencement of section 86 of the Act will continue in accordance with its terms and will, for the purposes of the Act, be taken to be a direction of the Chief Executive under section 86 of the Act.\n\t(5)\tPursuant to section 170(3)(c) of the Act, for the purposes of section 164 of the Act, personal information obtained in the course of performing functions or exercising powers under a previous corresponding law will be taken to be personal information obtained in the course of performing functions or exercising powers under the Act.\n\t(6)\tPursuant to section 170(3)(c) of the Act, a child who, immediately before the commencement of section 41 of the Act—\n\t(a)\thas been removed under section 16 of the Children's Protection Act 1993; and\n\t(b)\tis, pursuant to section 16(5) of the Children's Protection Act 1993, in the custody of the Minister,\nwill, on the commencement of section 41 of the Act and for all purposes, be taken to be a child or young person removed under section 41 of the Act (and, to avoid doubt, sections 42 and 43 of the Act will be taken to apply in relation to the removal).\n\t(7)\tPursuant to section 170(3)(c) of the Act, an instrument of guardianship issued by the Chief Executive under section 44B of the Children's Protection Act 1993 and in force immediately before the commencement of Chapter 5 Part 4 of the Act will continue in accordance with its terms and will, for the purposes of the Act, be taken to be an instrument of guardianship issued by the Chief Executive under section 45 of the Act (and the guardianship of the child or young person to whom the instrument relates is to be determined in accordance with section 45 of the Act).\n\t(8)\tPursuant to section 170(3)(c) of the Act, a restraining notice issued by the Chief Executive under section 44B of the Children's Protection Act 1993 and in force immediately before the commencement of Chapter 5 Part 4 of the Act will continue in accordance with its terms and will, for the purposes of the Act, be taken to be a restraining notice issued by the Chief Executive under section 46 of the Act.\n\t(9)\tPursuant to section 170(3)(c) of the Act, a decision to place a child made at a family care meeting under Part 5 Division 1 of the Children's Protection Act 1993 will, for the purposes of the Act, be taken to be a decision made at a family group conference under Chapter 4 Part 2 of the Act (and any reference in the Act to the placement of a child or young person pursuant to such a decision is to be construed accordingly).\n\t(10)\tPursuant to section 170(3)(c) of the Act, a person or body who was, immediately before the commencement of this subregulation, authorised by the Department (within the meaning of the Family and Community Services Act 1972 and whether authorised by a licence purportedly granted under Part 4 of that Act or otherwise) to operate a children's residential facility will be taken to hold a licence granted by the Chief Executive under section 105 of the Act (and that licence will be taken to be subject to any conditions to which the authorisation was subject immediately before the commencement of this subregulation).\n\t(11)\tHowever, subregulation (10) will be taken not to apply to a person or body—\n\t(a)\twho is the holder of a licence continued under section 29 of the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017; or\n\t(b)\twho is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n\t(11a)\tPursuant to section 170(3)(c) of the Act, section 59 of the Act will be taken not to apply in relation to proceedings of the following kinds:\n\t(a)\tproceedings commenced under Children's Protection Act 1993 prior to the commencement of section 53 of the Act;\n\t(b)\tproceedings that arise out of, or are related to, the expiry of an order under section 21 of the Children's Protection Act 1993 that granted custody of a child to the Minister.\n\t(12)\tIn this regulation—\nprevious corresponding law means—\n\t(a)\tthe Children's Protection Act 1993; or\n\t(b)\tthe Children's Protection and Young Offenders Act 1973; or\n\t(c)\tany other law of the State that substantially corresponds to the Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n353\nGazette 19.12.2017 p5246 \n26.2.2018 except r 34—6.3.2018 (Gazette 6.3.2018 p1090) and except rr 6 to 18, 19(2), (3), 22 to 33, 35, 38 & 39—22.10.2018 (Gazette 11.10.2018 p3774): r 2\n2018\n45\nGazette 13.2.2018 p787\n26.2.2018: r 2\n2018\n218\nGazette 11.10.2018 p3789\n22.10.2018: r 2\n2018\n222\nGazette 18.10.2018 p3825\n22.10.2018: r 2\n2020\n27\nGazette 26.3.2020 p598\n26.3.2020: r 2\n2020\n72\nGazette 21.5.2020 p2472\n21.5.2020: r 2\n2020\n303\nGazette 20.11.2020 p5364\n20.11.2020: r 2\n2021\n145\nGazette 30.9.2021 p3647\n30.9.2021: r 2\n2021\n188\nGazette 16.12.2021 p4417\n16.12.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 4\nvaried by 45/2018 r 4\n26.2.2018\nr 5\n\n\nr 5(1)\nr 5 redesignated as r 5(1) by 218/2018 r 4\n22.10.2018\nr 5(2)\ninserted by 218/2018 r 4\n22.10.2018\nr 8\n\n\nr 8(1)\nvaried by 218/2018 r 5(1)\n22.10.2018\nr 8(3)\ninserted by 218/2018 r 5(2)\n22.10.2018\nr 11\n\n\nr 11(1)\nr 11 redesignated as r 11(1) by 218/2018 r 6\n22.10.2018\nr 11(2)\ninserted by 218/2018 r 6\n22.10.2018\nr 13\n\n\nr 13(1) and (2)\ninserted by 218/2018 r 7(1)\n22.10.2018\nr 13(3)\nr 13 redesignated as r 13(3) by 218/2018 r 7(1)\n22.10.2018\n\nvaried by 218/2018 r 7(2)\n22.10.2018\nr 13(4)\ninserted by 218/2018 r 7(3)\n22.10.2018\nr 14\n\n\nr 14(a1)\ninserted by 218/2018 r 8(1)\n22.10.2018\nr 14(2)\nvaried by 218/2018 r 8(2)\n22.10.2018\nr 17\nvaried by 218/2018 r 9(1), (2)\n22.10.2018\nr 17A\ninserted by 218/2018 r 10\n22.10.2018\nr 17B\ninserted by 222/2018 r 4\n22.10.2018\nr 18A\ninserted by 218/2018 r 11\n22.10.2018\nr 21\nvaried by 218/2018 r 12\n22.10.2018\nr 25\n\n\nr 25(1)\nvaried by 218/2018 r 13\n22.10.2018\nr 26A\ninserted by 218/2018 r 14\n22.10.2018\nr 29\n\n\nr 29(1) and (1a)\ninserted by 218/2018 r 15\n22.10.2018\nr 29(2)\nr 29 redesignated as r 29(2) by 218/2018 r 15\n22.10.2018\nr 31\n\n\nr 31(3)\nexpired: r 31(4)—omitted under Legislation Revision and Publication Act 2002\n(22.4.2020)\nr 31(4)\nsubstituted by 218/2018 r 16\n22.10.2018\n\nomitted under Legislation Revision and Publication Act 2002\n21.5.2020\nr 31A before expiry\ninserted by 27/2020 r 4\n26.3.2020\n\nexpired: r 31A(2)—omitted under Legislation Revision and Publication Act 2002\n(30.9.2020)\nr 31A(1)\nr 31A redesignated as r 31A(1) by 72/2020 r 4\n21.5.2020\nr 31A(2)\ninserted by 72/2020 r 4\n21.5.2020\nr 31A\ninserted by 303/2020 r 4\n20.11.2020\n\nexpired: r 31A(2)—omitted under Legislation Revision and Publication Act 2002\n(6.2.2021)\n\ninserted by 145/2021 r 4\n30.9.2021\n\nexpired: r 31A(2)\n(30.9.2022)\nr 33\n\n\nr 33(1)\ninserted by 218/2018 r 17\n22.10.2018\nr 33(2)\nr 33 redesignated as r 33(2) by 218/2018 r 17\n22.10.2018\nr 34\n\n\nr 34(1)\nvaried by 45/2018 r 5(1)\n26.2.2018\n\nvaried by 218/2018 r 18(1)\n22.10.2018\nr 34(2)\nsubstituted by 45/2018 r 5(2)\n26.2.2018\n\nexpired: r 34(3)—omitted under Legislation Revision and Publication Act 2002\n(6.9.2019)\nr 34(2a)\ninserted by 45/2018 r 5(2)\n26.2.2018\n\nexpired: r 34(3)—omitted under Legislation Revision and Publication Act 2002\n(6.9.2019)\nr 34(3)\nvaried by 45/2018 r 5(3)\n26.2.2018\n\nsubstituted by 218/2018 r 18(2)\n22.10.2018\n\nomitted under Legislation Revision and Publication Act 2002\n21.5.2020\nr 34A before expiry\ninserted by 27/2020 r 5\n26.3.2020\n\nexpired: r 34A(2)—omitted under Legislation Revision and Publication Act 2002\n(30.9.2020)\nr 34A(1)\nr 34A redesignated as r 34A(1) by 72/2020 r 5\n21.5.2020\nr 34A(2)\ninserted by 72/2020 r 5\n21.5.2020\nr 34A before expiry\ninserted by 303/2020 r 5\n20.11.2020\n\nexpired: r 34A(2)—omitted under Legislation Revision and Publication Act 2002\n(6.2.2021)\n\ninserted by 145/2021 r 5\n30.9.2021\nr 34A(1a)\ninserted by 188/2021 r 4(1)\n16.12.2021\nr 34A(2)\nvaried by 188/2021 r 4(2)\n16.12.2021\nr 34A\nexpired: r 34A(2)\n(30.9.2022)\nr 35\n\n\nr 35(1)\nr 35 redesignated as r 35(1) by 218/2018 r 19\n22.10.2018\nr 35(2)\ninserted by 218/2018 r 19\n22.10.2018\nr 36\nvaried by 218/2018 r 20\n22.10.2018\nr 39\n\n\nr 39(1)\nsubstituted by 218/2018 r 21(1)\n22.10.2018\nr 39(4)\ninserted by 218/2018 r 21(2)\n22.10.2018\nr 40A\ninserted by 218/2018 r 22\n22.10.2018\nr 40B\ninserted by 222/2018 r 5\n22.10.2018\nr 42\n\n\nr 42(3) and (4)\ninserted by 45/2018 r 6\n26.2.2018\nr 43\ninserted by 45/2018 r 7\n26.2.2018\nr 43(4)—(11) \ninserted by 218/2018 r 23\n22.10.2018\nr 43(11a)\ninserted by 222/2018 r 6\n22.10.2018\nr 43(12) \ninserted by 218/2018 r 23\n22.10.2018\nHistorical versions\n26.2.2018\n\n6.3.2018\n\n22.10.2018\n\n26.3.2020\n\n21.5.2020\n\n20.11.2020\n\n30.9.2021\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The submitted content is a website error page ('Page Not Found'), not the text of the Children and Young People (Safety) Regulations 2017. No comparison between original legislative intent and current scope can be made."},"complexity_factors":["No legislative content was present in the submission — only a website error page","Complexity cannot be meaningfully assessed without access to the actual regulatory text","Score of 1 reflects the absence of any legal material to analyse, not the simplicity of the underlying legislation"],"plain_english_summary":"## ⚠️ Document Retrieval Error\n\nThis document does **not contain the actual text** of the *Children and Young People (Safety) Regulations 2017* (SA). Instead, what was provided is a **'Page Not Found' error message** from the South Australian legislation website, likely caused by a broken or outdated hyperlink following a website update in March 2026.\n\n**No legislative content was retrievable from this submission.** A meaningful legal analysis cannot be produced without access to the actual regulation text.\n\n### What you can do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the *Children and Young People (Safety) Regulations 2017*\n- Email the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** to report the broken link\n- Try searching via the [Index to SA Legislation](https://www.legislation.sa.gov.au/lists-and-index-to-sa-legislation/understanding-legislation)\n\n*If you can paste the actual regulation text, a full analysis can be provided.*"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These regulations primarily operationalise and fill gaps in the Children and Young People (Safety) Act 2017 rather than materially expand its substantive scope. They prescribe classes, procedural detail, record‑keeping and delegation mechanisms to the Chief Executive and set transitional arrangements to carry over existing licences and orders from prior child protection laws (see regs 5, 14, 28, 43). While some provisions (for example, declaring contracted service providers to be State authorities at reg 5(1), and broad Chief Executive powers to publish schemes) increase administrative reach and flexibility, they are implementation measures directed by the Act and do not, on their face, add substantive subject‑matter beyond the Act's purposes."},"complexity_factors":["43 separate regulations covering many operational areas","Frequent cross‑references to the Children and Young People (Safety) Act 2017 and several other Acts (Children's Protection Act 1993, Child Safety (Prohibited Persons) Act 2016, Family and Community Services Act 1972, Public Sector Act 2009)","Extensive delegated discretion to the Chief Executive to make schemes, forms and determinations by Gazette or written instrument (multiple regs: 14, 16, 28(2), 29(1), 31A, 34A)","Multiple prescribed classes and lists (e.g. who may attend conferences, exemptions to assessment requirements, prescribed facilities and persons for information sharing)","Numerous conditional provisions and nested exceptions (exemptions within exemptions; time‑limited exemptions with expiry clauses like reg 31A/34A history)","Significant record‑keeping and procedural detail that creates operational complexity for agencies (regs 28, 32, 35)","Transitional and saving provisions carrying over prior law and instruments, with specific precedence rules and exceptions (reg 43(1)–(12))","Procedural specificity for coercive powers (warrants, passport retention, forensic sampling) combined with procedural safeguards and reporting requirements (regs 13–16, 38)"],"plain_english_summary":"**What these regulations do (mechanical changes)\n\n- Set the practical rules that make the Children and Young People (Safety) Act 2017 work. They specify definitions, timelines for commencement, who counts as a State authority, what must be in case plans and long‑term care plans, how family group conferences operate, how contact arrangements are decided and reviewed, licensing and record‑keeping rules for foster and residential care providers, and procedures for reporting, assessing and investigating child protection concerns (see regs 2–4, 5, 6–8, 22, 24–26, 27–33, 28, 32, 39).  \n\n- Give the Chief Executive broad administrative powers to design and publish detailed schemes and forms by notice in the Gazette (for example the random drug and alcohol testing scheme, destruction of forensic material scheme, record‑keeping guidelines and prescribed forms) and to set or vary practice requirements (see regs 14, 16, 28(2), 29(1), 39(2)).  \n\n- Prescribe specific operational matters: who may attend and how decisions are accepted at family group conferences (regs 6–7); what parts must be in a case plan and long‑term care plan (regs 8, 22); procedural requirements for assessment notices and rehabilitation notices (regs 13, 15); the 3‑month passport handling period and warrant application process for child protection officers (reg 38); and what information can be shared and the identity/confidentiality rules (regs 39, 41–42).  \n\n- Create classes of exemptions and exclusions (for example, certain workers, maintenance contractors or public sector employees may be exempted from pre‑employment assessment requirements for particular residential settings) and transitional rules that carry over existing licences, orders and authorisations from earlier child protection laws (regs 19, 31, 31A, 34, 43).\n\nWho is affected\n\n- Children and young people who are the subject of child protection action and those in out‑of‑home care.  \n- Parents, birth families and other persons with contact or guardianship claims.  \n- Placement agencies, foster care agencies, licensed children's residential facilities and any organisation that provides child and family services under contract to the Department (reg 5(1) declares such contracted providers to be State authorities).  \n- Approved carers, staff and contractors working in residential or foster care settings (regs 28, 31, 31A, 32, 34).  \n- The Chief Executive, Minister, the Court and new review bodies established (Contact Arrangements Review Panel) and the Child and Young Person's Visitor (regs 25, 37).\n\nWhy it matters (stated purpose and practical effects)\n\n- Purpose claimed by the instrument: to provide the operational detail necessary to implement the Act (for example, what must go into case plans; how contact reviews run; how licences are renewed; how information is shared) so child protection decision‑making and regulation are administratively workable (see regs 8, 22, 24, 27).  \n\n- Practical effects and trade‑offs:  \n  - It shifts many detailed decisions to the executive level (the Chief Executive) by authorising schemes, forms and exemptions to be made by notice or written instrument (e.g. regs 14, 16, 28(2), 31A, 34A). That increases administrative flexibility but reduces predictability for providers and affected families because many operational rules can change without primary‑law amendment.  \n  - It imposes ongoing compliance costs on placement agencies, foster/residential providers and approved carers through required records, policies and prescribed plan elements (see regs 28, 32, 35). Those costs are borne by providers and, indirectly, by the budget holder (State) when the Department maintains oversight and support.  \n  - It creates enforcement levers (assessment notices, rehabilitation program directions, random testing, passport retention, warrants) that can alter personal liberty and employment conditions in the child protection context (regs 13–15, 38). The exercise of those levers depends on administrative judgment and court processes.  \n  - It expands who is treated as a State authority (including contracted service providers) for some purposes (reg 5(1)), meaning private contractors may face statutory obligations and oversight historically applied to public agencies.\n\nImplementation risks, incentives and burdens\n\n- Concentrated decision‑making: many matters are left to the Chief Executive (publication in the Gazette, written instruments, determinations), concentrating discretion in the Department (see regs 14, 16, 28(2), 29(1), 31A, 34A). This creates implementation risk in the form of variable practice across time and potential uncertainty for providers and families about exact requirements.  \n\n- Compliance burden: licensed foster agencies and residential facilities face detailed record‑keeping and policy obligations (regs 28, 32, 35). Smaller providers and approved carers may bear proportionally higher administrative costs.  \n\n- Privacy and information flows: the regulations allow authorised sharing of sensitive personal information between the Department, contracted providers, non‑government schools and tribunals (reg 39). Chief Executive authorisations and statutory exceptions limit individuals' control over data in specified circumstances (regs 41–42).  \n\n- Operational trade‑offs: provisions that enable temporary placements, exemptions from assessment requirements or expedited warrant applications (regs 17A, 18A, 31, 34, 38(3)) prioritise continuity of care and operational responsiveness but can reduce procedural safeguards or increase reliance on managerial judgment.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: placement agencies, foster/residential providers and approved carers incur record‑keeping, policy and possible compliance costs; the Department bears administrative costs to run review panels, monitoring and schemes; courts may handle more applications resulting from enforcement powers.  \n- Who decides: the Chief Executive is the principal decision‑maker for many operational rules and schemes; the Minister appoints panels and may set terms; courts remain the decision point for some coercive measures (for example, retaining passports upon application) and judicial review (see regs 25, 38(2)).  \n- Behaviour changes: providers must adopt specified policies, keep prescribed records, and comply with operational schemes (testing, assessments, care plans). Parents and carers can expect formalised contact determinations and review processes. Staff and some contractors must meet working‑with‑children or assessment requirements unless expressly exempted (regs 31, 34).\n\nConcrete sources of administrative discretion you can check quickly: reg 14 (random testing scheme published by Chief Executive), reg 16 (destruction of forensic material scheme), reg 28(2) and reg 32(2) (record‑keeping to be in line with Chief Executive guidelines), reg 25 (Panel appointed by Minister) and multiple exemptions (regs 19, 31, 34)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple procedural implementation. Originally intended to support the 2017 Act, the instrument has expanded through multiple amendments to include: temporary COVID-19 employment exemptions (since expired and re-enacted), detailed prescription of information sharing with non-government schools, specific rules for the Child and Young Person's Visitor scheme, and complex transitional arrangements preserving old guardianship instruments. The legislative history shows 9 variations since 2018, with provisions like regulations 31A and 34A being repeatedly inserted and expired, suggesting the regulations are being used as a vehicle for temporary operational adjustments rather than stable long-term rules. The scope now encompasses not just child protection mechanics but also employment law exemptions, residential care licensing minutiae, and information governance across multiple sectors."},"complexity_factors":["43 regulations with extensive cross-referencing to the parent Act (the Children and Young People (Safety) Act 2017)","Multiple layers of delegated authority—many powers are given to the 'Chief Executive' (the head of the Department) to determine details via Gazette notices or written instruments, creating variable rules not visible in the regulations themselves","Nested conditional logic in employment exemptions (regs 31, 31A, 34, 34A) with multiple overlapping categories of exempt persons and sunset clauses","Complex transitional provisions (reg 43) with 12 subsections dealing with legacy instruments, previous corresponding laws, and savings from the repealed Children's Protection Act 1993","Legislative history showing 9 amendment instruments since 2017, indicating evolving and sometimes temporary provisions (e.g., expired regulations 31A and 34A with multiple re-enactments)","Dual definitions—terms like 'prescribed organisation' and 'unique identifier' are defined by reference to other Acts (Child Safety (Prohibited Persons) Act 2016, Health Practitioner Regulation National Law)","Specific procedural requirements for warrants and telephone applications (reg 38(3)) with 7-step sub-paragraph structure"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations fill in the operational details for South Australia's child protection system under the *Children and Young People (Safety) Act 2017*. Think of the Act as the blueprint and these regulations as the instruction manual for how child safety actually works day-to-day.\n\n**Key areas covered:**\n\n*   **Family group conferences** (meetings where families and professionals plan for a child's safety): Rules about who can attend, how decisions are recorded, and ensuring interpreters are available for non-English speakers.\n\n*   **Case plans and long-term care**: Requirements for planning a child's physical health, mental health, education, and cultural maintenance—especially for Aboriginal and Torres Strait Islander children. Also covers what information must be shared with kids about their carers.\n\n*   **Drug and alcohol testing**: A scheme for random testing of parents or carers where there are safety concerns, including how samples are taken and destroyed.\n\n*   **Removing children from unsafe homes**: Circumstances where police or child protection officers can remove a child immediately, such as when a domestic violence order is being breached.\n\n*   **Foster care and residential facilities**: Licensing rules for foster care agencies and children's homes, record-keeping requirements, and exemptions from background checks for certain workers (like tradespeople doing repairs).\n\n*   **Contact arrangements**: How children in care stay in touch with their families, including a review panel to resolve disputes about visits.\n\n*   **Information sharing**: Who can share child protection information (schools, service providers, tribunals) and under what conditions.\n\n*   **Transitional arrangements**: How old cases and guardianship orders from previous laws carry over into the new system.\n\n**Who it affects:**\n\nChildren in the care of the state, their families, foster carers, residential care workers, child protection officers, schools, and service providers working with vulnerable families.\n\n**Why it matters:**\n\nThese rules determine the practical reality of child protection in South Australia—from whether a child can see their parents during supervised visits, to whether a foster agency keeps proper records, to how quickly a child can be removed from a dangerous situation. The regulations balance child safety with procedural fairness and cultural connection for Aboriginal children."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-safety-regulations-2017","history":"/api/acts/children-and-young-people-safety-regulations-2017/history","analysis":"/api/acts/children-and-young-people-safety-regulations-2017/analysis","conflicts":"/api/acts/children-and-young-people-safety-regulations-2017/conflicts","importantCases":"/api/acts/children-and-young-people-safety-regulations-2017/important-cases","documents":"/api/acts/children-and-young-people-safety-regulations-2017/documents"}}