{"id":"children-and-young-people-safety-transitional-provisions-regulations-2017","name":"Children and Young People (Safety) (Transitional Provisions) Regulations 2017","slug":"children-and-young-people-safety-transitional-provisions-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235268,"registerId":"sa-children-and-young-people-safety-transitional-provisions-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) (Transitional Provisions) Regulations 2017","content":"South Australia\nChildren and Young People (Safety) (Transitional Provisions) Regulations 2017\nunder the Children and Young People (Safety) Act 2017\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tTransitional provision relating to commencement of section 59 of the Act\n5\tTransitional provision relating to references to approved carers\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Children and Young People (Safety) (Transitional Provisions) Regulations 2017.\n2—Commencement\nThese regulations will come into operation on 26 February 2018.\n3—Interpretation\nIn these regulations—\nAct means the Children and Young People (Safety) Act 2017.\n4—Transitional provision relating to commencement of section 59 of the Act\nPursuant to section 170(3)(c) of the Act—\n\t(a)\ta reference in section 59(1) of the Act to proceedings on an application to the Court for orders will be taken to include a reference to such proceedings under the Children's Protection Act 1993; and\n\t(b)\ta reference in section 59(1) of the Act to a child or young person who is, pursuant to an order of the Court, under the guardianship, or in the custody, of the Chief Executive or another person or persons will be taken to include a reference to a child or young person who is, pursuant to an order of the Court under the Children's Protection Act 1993, under the guardianship, or in the custody, of the Minister to whom the administration of the Children's Protection Act 1993 is committed or another person or persons.\n5—Transitional provision relating to references to approved carers\nPursuant to section 170(3)(c) of the Act, a reference in Chapter 7 Part 1 Division 4 of the Act to an approved carer will be taken to include a reference to a person who is—\n\t(a)\tan approved foster parent under section 43 of the Family and Community Services Act 1972; or\n\t(b)\t—\n\t(i)\tcaring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and\n\t(ii)\tthe subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children.\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 regulations\nYear\nNo\nReference\nCommencement\n2017\n355\nGazette 19.12.2017 p5264 \n26.2.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations preserve existing legal relationships by treating references in the new Act as including equivalent proceedings, custody/guardianship arrangements and approved-carer statuses under prior laws (see Regulations 4 and 5 and the reliance on section 170(3)(c) of the Act). They do not add new substantive powers or expand the class of persons subject to the regime; they maintain continuity."},"complexity_factors":["Narrow, time-limited scope: purely transitional (Regulations 4–5).","Direct cross-references to multiple prior Acts and provisions: Children's Protection Act 1993, Family and Community Services Act 1972, and specific sections of the new Act (notably s.59 and s.170(3)(c)).","Legal equivalence mechanism requires courts and the Department to treat prior orders/approvals as continuing under the new statutory references, creating interpretive obligations for decision-makers.","Administrative dependence on Departmental actions (provisional or initial registration; approvals for temporary placement) produces operational compliance tasks for the Department and carers.","Low volume of provisions and limited discretionary rule-making reduces statutory complexity, but reliance on prior-state records may impose practical verification burdens."],"plain_english_summary":"These regulations provide short transitional rules for when the Children and Young People (Safety) Act 2017 commenced on 26 February 2018. They treat certain references in the new Act as including equivalent proceedings, custody or guardianship arrangements and \"approved carer\" statuses that arose under earlier laws so existing court orders, departmental registrations and temporary approvals continue to operate without interruption."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation precisely matches its original intent as transitional regulations. It was always designed to be narrow, temporary bridge provisions for the commencement of the new Act, and it remains exactly that — no scope creep detected."},"complexity_factors":["Only 5 operative provisions total, with 2 substantive transitional rules","Minimal defined terms — only 1 definition ('Act')","No nested exceptions or conditional logic beyond simple 'or' and 'and' connectors","Straightforward cross-referencing to specific sections of parent Act and repealed legislation","Legislative history table is purely administrative, not substantive law"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are temporary \"bridge\" rules that help South Australia switch from its old child protection system to a new one. They ensure nothing falls through the cracks during the handover.\n\n**Who it affects:**\n\n- **Children and young people** already in care under the old *Children's Protection Act 1993*\n- **Foster carers and other caregivers** who were approved under the old system\n- **Courts and government officials** handling child protection cases\n\n**Why it matters:**\n\nWhen the new *Children and Young People (Safety) Act 2017* started, there were already children in foster care and court cases underway. These regulations make sure:\n\n- **Court orders** made under the old law still count under the new law\n- **Foster carers** approved under the old system don't suddenly become \"unapproved\" — they keep their status while the new system takes over\n- **Guardianship and custody arrangements** continue smoothly without needing to restart everything\n\nThink of it like changing banks: these rules make sure your direct debits don't bounce while your account moves from the old bank to the new one."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent — the legislative text was not retrievable due to a website error. Transitional provisions regulations are generally narrow and purpose-built instruments, so significant scope drift would be unusual for this type of regulation."},"complexity_factors":["Content unavailable due to a broken URL — full assessment is impossible","Transitional provisions regulations are inherently technical, requiring cross-referencing between old and new legislative frameworks","Child protection law involves intersecting Commonwealth and State obligations, adding potential complexity","As regulations (subordinate legislation), they operate under and must be consistent with the parent Act, adding an interpretive layer","Time-sensitive provisions may create complexity around cut-off dates and which regime applies to specific circumstances"],"plain_english_summary":"This South Australian regulation provides transitional arrangements to carry matters smoothly from the old child protection framework to the Children and Young People (Safety) Act 2017. It preserves the effect of existing cases, decisions, licences and orders so children, families, carers, workers and service providers aren’t left in legal limbo during the switchover. The full text wasn’t available; consult OPC or a lawyer for authoritative detail."}},"importantCases":[],"_links":{"self":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017","history":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017/history","analysis":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017/analysis","conflicts":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017/conflicts","importantCases":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017/important-cases","documents":"/api/acts/children-and-young-people-safety-transitional-provisions-regulations-2017/documents"}}