{"id":"childrens-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017","name":"Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017","slug":"children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31757,"registerId":"sa-childrens-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017-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's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.\n3—Amendment provisions\nIn this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nassessment of relevant history means an assessment of relevant history conducted under the Children's Protection Act 1993 (as in force immediately before the commencement of this section) by an authorised screening unit;\nauthorised screening unit means a person or body who was, at the relevant time, an authorised screening unit within the meaning of the Children's Protection Regulations 2010;\ncriminal history report means a criminal history report prepared by South Australia Police, CrimTrac or the Australian Crime Commission;\ntransitional period means the period—\n\t(a)\tcommencing on the day on which this section comes into operation; and\n\t(b)\tending on—\n\t(i)\tif the Minister, by notice in the Gazette, specifies a day on which the transitional period is to end—that day; or\n\t(ii)\tif the Minister does not specify a day under subparagraph (i)—3 years after the day on which this section comes into operation.\n\t(2)\tFor the purposes of this Act, a reference to a person becoming a prohibited person under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to a person who is a prohibited person by force of section 15 of that Act on the day that section comes into operation.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016","content":"Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016\nEditorial note—\nPart 2 has expired.\n5—Interpretation\nUnless the contrary intention appears, a term or phrase used in this Part that is defined in the Child Safety (Prohibited Persons) Act 2016 has the same meaning as in that Act.\n6—Expiry of Part\nThis Part will expire on the day that the transitional period ends.\n7—Certain applications for assessments of relevant history taken to be application for working with children check\n\t(1)\tThis section applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this section but not determined before such commencement.\n\t(2)\tAn application to which this section applies will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be an application to the central assessment unit for a working with children check under section 27 of that Act (and the application will, unless the central assessment unit determines otherwise, be taken to have satisfied the requirements set out in section 27(1) of that Act).\n8—Recognition of certain assessments of relevant history as working with children checks\n\t(1)\tAn assessment of relevant history conducted in respect of a person within the 3 years preceding the commencement of this section will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a working with children check in respect of the person conducted under that Act.\n\t(2)\tHowever, this section ceases to apply to an assessment of relevant history in respect of a particular person if either of the following occurs:\n\t(3)\tTo avoid doubt, an assessment of relevant history referred to in subsection (1) clearing a person for child‑related employment (however described) will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a determination of the central assessment unit made at the relevant time that the person is not to be prohibited from working with children.\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person contemplated by subsection (1) (being a person to whom a unique identifier has not previously been issued under that Act).\n8A—Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority\n\t(1)\tThis section applies to a person in respect of whom the responsible authority for an organisation had conducted an assessment of relevant history in accordance with regulation 6(1)(a) of the Children's Protection Regulations 2010 within the 3 years preceding the commencement of this section.\n\t(2)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(3)\tHowever, this section ceases to apply to a person referred to in subsection (1)—\n\t(a)\tif either of the following occurs:\n\t(i)\tthe person becomes a prohibited person;\n\t(ii)\ta working with children check is conducted in relation to the person; or\n\t(b)\t12 months after the commencement of this section,\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\nresponsible authority for an organisation has the same meaning as in section 8B of the Children's Protection Act 1993, as in force immediately before that section is repealed.\n8B—Transitional provisions—certain emergency service workers\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section, was an emergency service worker.\n\t(c)\tthe person ceases to be an emergency service worker.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\nemergency service worker means—\n\t(a)\ta member of—\n\t(i)\tSAMFS; or\n\t(ii)\tSACFS; or\n\t(iii)\tSASES; or\n\t(b)\ta member of the SA Ambulance Service; or\n\t(c)\ta person providing ambulance services pursuant to a restricted ambulance service licence under section 58 of the Health Care Act 2008.\n9—Transitional provisions—teachers\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section—\n\t(a)\twas a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004) whose registration was in force; or\n\t(b)\twas the subject of a special authority to teach granted under section 30 of the Teachers Registration and Standards Act 2004 that was in force.\n\t(c)\tthe person's current registration as a teacher, or the special authority to teach, (as the case requires) expires;\n\t(d)\tthe person's registration as a teacher, or the special authority to teach, (as the case requires) is cancelled or revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n10—Transitional provisions—persons employed under Children's Services Act 1985\n\t(a)\twas, immediately before the commencement of this section, employed in a registered children's services centre under section 12 of the Children's Services Act 1985; and\n\t(b)\teither—\n\t(i)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section; or\n\t(ii)\tdid both of the following:\n\t(A)\tobtained a criminal history report in the 3 years immediately preceding the commencement of this section;\n\t(B)\tprovided a copy of the report to the employing authority under the Children's Services Act 1985.\n\t(2)\tHowever, this section ceases to apply to a person referred to in subsection (1) if either of the following occurs:\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n11—Transitional provisions—health practitioners\n\t(1)\tThis section applies to a person who, immediately before the commencement of this section, was a registered health practitioner.\n\t(c)\tthe person's registration as a registered health practitioner expires or is cancelled or revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\nregistered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia).\n12—Transitional provisions—foster parents\n\t(i)\tan approved foster parent under section 43 of the Family and Community Services Act 1972; or\n\t(ii)\tan approved carer under the Children and Young People (Safety) Act 2017; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 42 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(c)\tthe current period of the person's approval as an approved carer (as continued under section 27 of this Act) expires;\n\t(d)\tthe person's approval as an approved carer (as continued under section 27 of this Act) is cancelled or revoked for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n13—Transitional provisions—licensed foster care agencies\n\t(i)\tlicensed as a foster care agency under section 48 of the Family and Community Services Act 1972; or\n\t(ii)\tlicensed as a foster care agency under the Children and Young People (Safety) Act 2017; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 48 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(c)\tthe current period of the person's licence as a foster care agency (as continued under section 28 of this Act) expires;\n\t(d)\tthe person's licence as a foster care agency (as continued under section 28 of this Act) is cancelled for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n14—Transitional provisions—licensed children's residential facilities\n\t(i)\tthe holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; or\n\t(ii)\tthe holder of a licence to maintain a children's residential facility under the Children and Young People (Safety) Act 2017; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(2)\tTo avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was suitable to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.\n\t(c)\tthe current period of the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) expires;\n\t(d)\tthe person's licence to maintain a children's residential facility (as continued under section 29 of this Act) is cancelled for any reason.\n\t(4)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(5)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n15—Transitional provisions—employees in training centres etc\n\t(a)\twas, immediately before the commencement of this section, employed in—\n\t(i)\ta training centre established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; or\n\t(ii)\ta correctional institution (within the meaning of the Correctional Services Act 1982) in which children or young people are detained; and\n\t(b)\tis the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n16—Transitional provisions—passenger transport services\n\t(1)\tThis section applies to the following persons:\n\t(a)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for a passenger transport service operated by the person granted under section 27 of the Passenger Transport Act 1994;\n\t(b)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for a driver of a public passenger vehicle granted under section 28 of the Passenger Transport Act 1994;\n\t(c)\ta person who was, immediately before the commencement of this section, the holder of a current accreditation for an operator of a centralised booking service granted under section 29 of the Passenger Transport Act 1994.\n\t(c)\tthe person's accreditation expires or is revoked for any reason.\n\t(3)\tThe following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:\n\t(4)\tThe central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).\n17—Evidentiary provision\n\t(1)\tIn any proceedings under the Child Safety (Prohibited Persons) Act 2016, a document issued by an authorised screening unit and purporting to be a child‑related employment screening letter or a child‑related employment screening‑cleared letter, or a certificate issued by the authorised screening unit in accordance with regulation 8A of the Children's Protection Regulations 2010, and stating that an assessment of relevant history had been conducted in relation to a specified person on a specified date will, in the absence of evidence to the contrary, be taken to be proof of the matters so stated.\n\t(2)\tIn proceedings for an offence against the Child Safety (Prohibited Persons) Act 2016, an allegation in an information that an assessment of relevant history relating to a specified person had, or had not, been conducted on a specified day or within a specified period must be accepted as proved in the absence of evidence to the contrary.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016","content":"Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016\nEditorial note—\nPart 3 has expired.\n18—Interpretation\nUnless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Oversight and Advocacy Bodies) Act 2016 has the same meaning as in that Act.\n19—Expiry of Part\nThis Part will expire on the day that the transitional period ends.\n20—Continuation of members of Child Death and Serious Injury Review Committee\n\t(1)\tSubject to the Children and Young People (Oversight and Advocacy Bodies) Act 2016, the appointment of a member of the Child Death and Serious Injury Review Committee under the Children's Protection Act 1993 holding office immediately before the commencement of this section will continue for the remainder of their term of office (and the appointment will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to be an appointment by the Minister under section 30 of that Act).\n\t(2)\tAn appointment continued under this section will be taken to be subject to any terms, conditions or limitations applicable to the appointment immediately before the commencement of this section.\n21—Continuation of chair as presiding member\nThe member of the Child Death and Serious Injury Review Committee who was, immediately before the commencement of this section, the chair of the Committee will continue as the presiding member of the Committee (and will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to have been appointed by the Minister under section 32 of that Act).\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional provisions relating to Children and Young People (Safety) Act 2017","content":"Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017\n22—Interpretation\n\t(1)\tSubject to this Part, and unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Safety) Act 2017 has the same meaning as in that Act.\n\t(2)\tIn this Part—\nrepealed Act means the Children's Protection Act 1993.\n23—References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc\n\t(1)\tFor the purposes of the Children and Young People (Safety) Act 2017, a reference in that Act to a working with children check will be taken to include a reference to an assessment of relevant history.\n\t(2)\tFor the purposes of section 72(3)(b)(i) of the Children and Young People (Safety) Act 2017, a reference in that subparagraph to having regard to the operation of the Child Safety (Prohibited Persons) Act 2016 will, to the extent that it includes having regard to the working with children check scheme, will be taken to include a reference to having regard to the operation of sections 8B and 8BA of the Children's Protection Act 1993 (as in force immediately before the commencement of this section).\n\t(3)\tFor the purposes of paragraph (b) of the definition of prescribed organisation in section 114(7) of the Children and Young People (Safety) Act 2017, a reference in that paragraph to persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to organisations to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this section.\n23A—Certain placements to continue as placements under Children and Young People (Safety) Act 2017\nA placement of a child or young person by the Minister under the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 77 or 84 of the Children and Young People (Safety) Act 2017 (as the case requires) (and the placement will, for the purposes of that Act, be taken to be a placement under the relevant section).\n24—Chief Executive to be guardian of certain children and young people\n\t(1)\tThis section applies to a child or young person who was, immediately before the commencement of this section, under the guardianship of the Minister pursuant to an order of the Court under the repealed Act.\n\t(2)\tOn the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be under the guardianship of the Chief Executive.\n\t(3)\tA placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 of the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).\n\t(4)\tOn the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as guardian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.\n25—Chief Executive to have custody of certain children and young people\n\t(1)\tThis section applies to a child or young person who was, immediately before the commencement of this section, in the custody of the Minister pursuant to an order of the Court under the repealed Act.\n\t(2)\tSubject to this section, on the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be in the custody of the Chief Executive.\n\t(3)\tA placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).\n\t(4)\tOn the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as custodian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.\n26—Continuation of voluntary custody agreements\n\t(1)\tSubject to this section and the Children and Young People (Safety) Act 2017, a voluntary custody agreement under section 9 of the repealed Act in force immediately before the commencement of this section will continue in accordance with its terms (and the agreement will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a voluntary custody agreement under section 96 of that Act).\n\t(2)\tA reference in a voluntary custody agreement continued under this section to the Minister will be taken to be a reference to the Chief Executive.\n26A—Certain proceedings continued as proceedings under Children and Young People (Safety) Act 2017\nDespite a provision of any other Act or law, proceedings under the repealed Act commenced, but not finally determined, in the Youth Court of South Australia before 22 October 2018 will continue and will, for all purposes, be taken to be proceedings commenced under Chapter 6 of the Children and Young People (Safety) Act 2017.\n27—Continuation of approved foster parents as approved carers\n\t(1)\tSubject to this section, a person who was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972 will be taken to be an approved carer under the Children and Young People (Safety) Act 2017 (and the approval of the person will be taken to have been granted under section 72 of that Act).\n\t(2)\tA permission of the Chief Executive Officer under section 43(3) of the Family and Community Services Act 1972 relating to the number of foster children that a foster parent referred to in subsection (1) is permitted to have in their care will be taken to continue to apply to the approved carer according to its terms.\n\t(3)\tThe approval of a person as an approved carer under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the person's approval immediately before the commencement of this section.\n28—Continuation of licensed foster care agencies\n\t(1)\tA licence of a person as a foster care agency granted under section 48 of the Family and Community Services Act 1972 and in force immediately before the commencement of this section—\n\t(a)\twill, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to carry on a foster care agency under that Act; and\n\t(b)\twill be taken to have been granted under section 99 of that Act.\n\t(2)\tA licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.\n\t(3)\tA record that was, pursuant to section 50 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 101(2) of the Children and Young People (Safety) Act 2017, be taken to be records required to be kept under that subsection.\n29—Continuation of licence to maintain children's residential facilities\n\t(1)\tA licence to maintain a children's residential facility granted under section 51 of the Family and Community Services Act 1972 (being a licence in force immediately before the commencement of this section)—\n\t(a)\twill, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to operate a children's residential facility under that Act; and\n\t(b)\twill be taken to have been granted under section 105 of that Act.\n\t(2)\tA licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.\n\t(3)\tA register that was, pursuant to section 53 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 108(2) of the Children and Young People (Safety) Act 2017, be taken to be a record required to be kept under that subsection.\n30—Notifications of abuse or neglect and investigations etc under repealed Act to continue\n\t(1)\tA notification made under section 11 of the repealed Act that a person suspects that a child has been or is being abused or neglected will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a report made by the person under section 31 of that Act.\n\t(2)\tAn investigation under section 19 of the repealed Act that was commenced but not completed before the commencement of this section will be taken to continue as an investigation of the relevant kind under Chapter 5 Part 2 of the Children and Young People (Safety) Act 2017 (and, to avoid doubt, the Chief Executive may exercise the powers of investigation or direction under that Part accordingly).\n31—Continuation of family care meetings under repealed Act\n\t(1)\tSubject to this section, a family care meeting convened under Part 5 of the repealed Act before the commencement of this section will continue as a family group conference convened under Chapter 4 Part 2 of the Children and Young People (Safety) Act 2017.\n\t(2)\tA family group conference as continued under this section will, subject to the Children and Young People (Safety) Act 2017, consist of the same persons as the original family care meeting.\n\t(3)\tThe procedures applicable to a family care meeting continued under this section will, subject to the Children and Young People (Safety) Act 2017, be taken to apply to the family group conference.\n31A—Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017\nAn order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (not being an order referred to in section 32(1) of this Act) will be taken to continue in accordance with its terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be an order under section 53 of that Act.\n31B—Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017\nThe following orders of the Court under the repealed Act in force immediately before the commencement of this section will be taken to continue in accordance with their terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be interim orders made by the Court under section 53 of that Act:\n\t(a)\tan order referred to in section 39(2)(b) of the repealed Act;\n\t(b)\tan order made under section 21(1) of the repealed Act.\n32—Orders relating to access to child or young person to continue as determination of Chief Executive\n\t(1)\tAn order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (being an order relating to access to a specified child (however described)) is, by force of this section, revoked.\n\t(2)\tThe Chief Executive will, in respect of each child or young person to whom an order revoked under subsection (1) relates, be taken to have made a determination under section 93 of the Children and Young People (Safety) Act 2017 in such terms as to give continuing effect to the terms of the revoked order (and the determination will, for the purposes of that Act, be taken to be a determination under section 93 of that Act).\n33—Continuation of certain delegations under Family and Community Services Act 1972\n\t(1)\tA delegation by the Minister or the Chief Executive under section 8 of the Family and Community Services Act 1972 relating to a matter that is the subject of the Children and Young People (Safety) Act 2017 and that is in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Minister or Chief Executive (as the case requires) of the relevant powers under section 146 of that Act).\n\t(2)\tA delegation by the Minister under section 80 of the Family and Community Services Act 1972 in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Chief Executive of the relevant powers under section 76 of that Act).\n34—References to Families SA\nOn the commencement of this section, a reference in any Act, or any order or other instrument or document, to Families SA will, for all purposes, be taken to be a reference to the Department.\n35—Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people\nFor the purposes of Chapter 7 Part 8 of the Children and Young People (Safety) Act 2017, a child or young person whose guardianship or custody arrangements are continued under this Part will be taken to be a child or young person placed in the guardianship or custody of a person under that Act.\n36—Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to in relation to prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section.\n\t(2)\tThe prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to be a policy or policies prepared or adopted by the organisation in accordance with section 114(1) of that Act.\n\t(3)\tAn organisation to which section 8C of the repealed Act applied immediately before the commencement of this section (being an organisation that has complied with the requirements under section 8C(3) of the repealed Act) will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to have complied with the requirements of section 114(3) of that Act.\n\t(4)\tIn this section—\nprescribed policies and procedures means policies and procedures put in place by an organisation in accordance with section 8C of the repealed Act and in force immediately before the commencement of this section.\n37—Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to a person who was, immediately before the commencement of this section—\n\t(a)\tcaring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and\n\t(b)\tthe subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children.\n\t(2)\tA person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.\n\t(3)\tIt is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of a specified child or young person (including, to avoid doubt, a direction requiring the person to submit to a working with children check).\n\t(4)\tThe Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.\n\t(5)\tThe Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.\n\t(6)\tAn approval under this section will remain in force until—\n\t(a)\tthe end of the transitional period; or\n\t(b)\tthe approval is cancelled under subsection (7),\n\t(7)\tHowever, the approval of a person under this section is, by force of this section, cancelled if—\n\t(b)\tthe approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or\n\t(c)\tthe person refuses or fails to comply with a direction under subsection (3); or\n\t(d)\tthe person contravenes a condition under subsection (4).\n\t(8)\tFor the purposes of this section, a reference to the Department will be taken to include a reference to an administrative unit of the Public Service that was, at the relevant time, assisting a Minister in the administration of the repealed Act.\n38—Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017\n\t(1)\tThis section applies to a person or body, or a person or body of a class, prescribed by the Chief Executive by notice in the Gazette.\n\t(2)\tA person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.\n\t(3)\tIt is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of children or young people (including, to avoid doubt, a direction requiring the person to submit to a working with children check).\n\t(4)\tThe Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.\n\t(5)\tThe Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.\n\t(6)\tAn approval under this section will remain in force until—\n\t(a)\tthe end of the transitional period; or\n\t(b)\tthe approval is cancelled under subsection (7),\n\t(7)\tHowever, the approval of a person under this section is, by force of this section, cancelled if—\n\t(b)\tthe approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or\n\t(c)\tthe person refuses or fails to comply with a direction under subsection (3); or\n\t(d)\tthe person contravenes a condition under subsection (4).\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"Amendment of Births, Deaths and Marriages Registration Act 1996","content":"Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996\n39—Amendment of section 25—Application to register change of child's name\nSection 25—after subsection (4) insert:\n\t(5)\tThis section does not apply in relation to a child during any period that section 25A applies in relation to the child.\n40—Insertion of section 25A\nAfter section 25 insert:\n25A—Change of name of child under guardianship\n\t(1)\tThis section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires):\n\t(a)\ta child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age;\n\t(b)\ta child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months.\n\t(2)\tThe Chief Executive may, by notice in writing—\n\t(a)\tin the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or\n\t(b)\tin the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires),\ndirect the Registrar to register a change of the name of a child in relation to whom this section applies.\n\t(3)\tBefore giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so—\n\t(a)\tascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and\n\t(b)\t—\n\t(i)\ttake reasonable steps to notify the parents of the child of the proposed change of name; and\n\t(ii)\thave regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive.\n\t(4)\tThe Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so.\n\t(5)\tSections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section.\n\t(6)\tThe Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1).\n\t(7)\tNothing in this section prevents the name of a child being later changed in accordance with the law of the State.\n\t(8)\tA person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under 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).\n\t(9)\tThe regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section.\n\t(10)\tIn this section—\nChief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017;\nrepealed Act means the Children's Protection Act 1993.\n41—Amendment of section 38A—Notification by court appointed guardians\nSection 38A(4), definition of court appointed guardian—delete \"a Minister) to whom guardianship of another person is given by the Youth Court of South Australia under section 38(1)(d) of the Children's Protection Act 1993\" and substitute:\nthe Chief Executive) under the Children and Young People (Safety) Act 2017\n","sortOrder":4},{"sectionNumber":"Part 6","sectionType":"part","heading":"Amendment of Carers Recognition Act 2005","content":"Part 6—Amendment of Carers Recognition Act 2005\n42—Amendment of section 5—Meaning of carer\nSection 5(3)(b)—after \"Children's Protection Act 1993\" insert:\n, the Children and Young People (Safety) Act 2017\n","sortOrder":5},{"sectionNumber":"Part 7","sectionType":"part","heading":"Amendment of Child Safety (Prohibited Persons) Act 2016","content":"Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016\n43—Amendment of section 5—Interpretation\n\t(2)\tSection 5(1), definition of prescribed offence—after paragraph (f) insert:\n\t(fa)\tan offence against a following provision of the Criminal Code of the Commonwealth (offences committed overseas involving child pornography material or child abuse material):\n\t(i)\tsection 273.5;\n\t(ii)\tsection 273.6;\n\t(iii)\tsection 273.7; or\n\t(fb)\tan offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section); or\n44—Amendment of section 8—Meaning of assessable information\n\t(1)\tSection 8(1)—after paragraph (f) insert:\n\t(fa)\tinformation that relates to the cancellation of an approval of an approved carer under the Children and Young People (Safety) Act 2017;\n\t(2)\tSection 8(1)—after paragraph (g) insert:\n\t(ga)\tinformation that relates to a notification made pursuant to Chapter 5 Part 1 of the Children and Young People (Safety) Act 2017;\n\t(3)\tSection 8(1)(h)—delete \"the Children's Protection Act 1993) held by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Children's Protection Act 1993 and that relates to the possible abuse or neglect of a child\" and substitute:\nthe Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017) held by an administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Children and Young People (Safety) Act 2017 and that relates to harm caused, or a risk of harm, to a child\n","sortOrder":6},{"sectionNumber":"Part 8","sectionType":"part","heading":"Amendment of Child Sex Offenders Registration Act 2006","content":"Part 8—Amendment of Child Sex Offenders Registration Act 2006\n45—Amendment of Schedule 1—Class 1 and 2 offences\n\t(1)\tSchedule 1 clause 3—after paragraph (j) insert:\n\t(ja)\tan offence against section 69 of the Criminal Law Consolidation Act 1935 (bestiality);\n\t(2)\tSchedule 1 clause 3—after paragraph (sb) insert:\n\t(sba)\tan offence against section 273.5 of the Criminal Code of the Commonwealth;\n\t(sbb)\tan offence against section 273.6 of the Criminal Code of the Commonwealth;\n\t(sbc)\tan offence against section 273.7 of the Criminal Code of the Commonwealth;\n\t(3)\tSchedule 1 clause 3—after paragraph (z) insert:\n\t(zaa)\tan offence against section 233BAB of the Customs Act 1901 of the Commonwealth where the tier 2 goods to which the offence relates consist of or include items of child pornography (within the meaning of that section);\n","sortOrder":7},{"sectionNumber":"Part 9","sectionType":"part","heading":"Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016","content":"Part 9—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016\n46—Insertion of section 13A\nAfter section 13 insert:\n13A—Reporting obligations\n\t(1)\tThe Commissioner must, on or before 31 October in each year, report to the Minister on the performance of the Commissioner's functions during the preceding financial year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the Commissioner, have copies of the report laid before both Houses of Parliament.\n47—Amendment of section 26—Functions and powers of Guardian\n\t(1)\tSection 26(1)(a)—delete \"Minister\" and substitute:\n\t(2)\tSection 26(1)(b)—delete \"Minister\" and substitute:\n\t(3)\tSection 26(1)(c)—delete \"Minister\" and substitute:\n\t(4)\tSection 26(1)(d)—delete \"Minister\" second occurring and substitute:\n\t(5)\tSection 26(2)(b)—delete \"Minister\" and substitute:\n\t(6)\tSection 26(4)—delete \"Minister's\" and substitute:\nChief Executive's\n\t(7)\tSection 26(4)—after the definition of alternative care insert:\nChief Executive means the Chief Executive within the meaning of the Children and Young People (Safety) Act 2017.\n48—Amendment of section 37—Functions of the Committee\nSection 37(3)(d)—delete \"Minister\" and substitute:\nChief Executive (within the meaning of the Children and Young People (Safety) Act 2017)\n","sortOrder":8},{"sectionNumber":"Part 10","sectionType":"part","heading":"Amendment of Children and Young People (Safety) Act 2017","content":"Part 10—Amendment of Children and Young People (Safety) Act 2017\n49—Amendment of section 28—Chief Executive to prepare case plan in respect of certain children and young people\nSection 28(5), definition of prescribed child or young person, (b)—after \"Act\" insert:\n(other than a child or young person in relation to whom an order contemplated by section 91 placing the child or young person into the long-term guardianship of a person has been made)\n50—Amendment of section 32—Chief Executive must assess and take action on each report indicating child or young person may be at risk\nSection 32—after subsection (4) insert:\n\t(5)\tThe regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).\n51—Amendment of section 33—Chief Executive may refer matter\nSection 33(5)—delete subsection (5)\n52—Amendment of section 53—Orders that can be made by Court\nSection 53—after subsection (1) insert:\n\t(1a)\tWithout limiting the orders that can be made under subsection (1), the Court may make an order placing a child or young person under the guardianship of a specified parent of the child or young person.\nNote—\nSuch an order would confer guardianship on the specified parent to the exclusion of the rights of any other parent of the child or young person—see section 68.\n\t(1b)\tWithout limiting the orders that can be made under subsection (1), the Court may, if the Court makes an order placing a child or young person under the guardianship of the Chief Executive or a specified person or persons—\n\t(a)\tuntil the child or young person attains 18 years of age; or\n\t(b)\tsuch that the child or young person has been under the guardianship of the Chief Executive, or the person or persons, for a period of at least 24 continuous months,\nmake a declaration of the name by which the child or young person is to be known.\n\t(1c)\tHowever, the Court may only make a declaration under subsection (1b) if the Court is satisfied that it is in the best interests of the child or young person to do so.\n\t(1d)\tIf the Court makes a declaration under subsection (1b)—\n\t(a)\tthe Registrar of the Court must give notice of the declaration to the Registrar of Births, Deaths and Marriages in accordance with any requirements in the regulations; and\n\t(b)\tthe Registrar of Births, Deaths and Marriages must, as soon as is reasonably practicable after receiving the notice, register the change of name under section 28(1) of the Births, Deaths and Marriages Registration Act 1996.\n\t(1e)\tSections 26, 27 and 28(2)and (3) of the Births, Deaths and Marriages Registration Act 1996 do not apply in relation to a change of name under this section.\n\t(1f)\tNothing in this section prevents the name of a child or young person being later changed in accordance with the law of the State.\n53—Amendment of section 90—Long‑term care plan to be prepared\nSection 90(3)—delete subsection (3) and substitute:\n\t(3)\tThe Chief Executive must cause a copy of a long‑term care plan to be provided to the Court in any application contemplated by section 91.\n54—Amendment of section 103—Interpretation\n\t(1)\tSection 103, definition of children's residential facility, (d)—delete \"a training\" and substitute:\nother\n\t(2)\tSection 103, definition of children's residential facility—after paragraph (d) insert:\n\t(da)\ta training centre established under the Youth Justice Administration Act 2016; or\n55—Insertion of Chapter 7 Part 7A\nAfter section 110 insert:\n","sortOrder":9},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Assessment of employees in other residential facilities","content":"Part 7A—Assessment of employees in other residential facilities\n110A—Persons not to be employed in certain residential facilities established under Family and Community Services Act 1972\n\t(1)\tA person must not be employed in a residential facility established by the Minister under section 36 of the Family and Community Services Act 1972 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.\n\t(2)\tHowever, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person who is employed in a residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(4)\tA person who employs, or continues to employ, a person in a residential facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(b)\tin the case of a body corporate—$120 000.\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.\n56—Insertion of section 112A\nBefore section 113 insert:\n112A—Chief Executive may provide assistance to persons caring for children and young people\nThe Chief Executive may grant to an approved carer or other person in whose care a child or young person has been placed under this Act or the Family Relationships Act 1975 such financial or other assistance in relation to the care and maintenance of the child or young person as may be determined by the Chief Executive.\n57—Amendment of section 163—Protection of identity of persons who report to or notify Department\n\t(1)\tSection 163(1)—delete \", in the course of the administration, operation or enforcement of this Act,\"\n\t(2)\tSection 163(1)—after paragraph (a) insert:\n\t(ab)\tis required or authorised by the Chief Executive or under this Act; or\n58—Insertion of section 166A\nAfter section 166 insert:\n166A—Limitation on tortious liability for acts of certain children and young people\nNo liability in tort attaches to the Crown, the Minister, the Chief Executive or any employee of the Department in respect of an act or omission of a child or young person under the guardianship of the Chief Executive, or of whom the Chief Executive has custody under any Act, unless the act or omission occurs while the child or young person—\n\t(a)\tis acting as the servant or agent of the Chief Executive or employee of the Department; and\n\t(b)\tis acting within the scope of such employment or authority.\n59—Amendment of section 170—Regulations\nSection 170(3)—after paragraph (c) insert:\n\t\tand\n\t(ca)\tmake provisions of a saving or transitional nature consequent on the commencement of the Child Safety (Prohibited Persons) Act 2016; and\n60—Amendment of Schedule 1—Repeal and related amendment\n","sortOrder":10},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Part 2—delete Part 2 and substitute:","content":"Schedule 1 Part 2—delete Part 2 and substitute:\nPart 2—Amendment and repeal of Children's Protection Act 1993\n2—Amendment of Children's Protection Act 1993\nThe following provisions of the Children's Protection Act 1993 are repealed:\n\t(a)\tsections 3, 5 and 7;\n\t(b)\tPart 2 Division 1 and 2;\n\t(c)\tParts 3 to 8 (inclusive);\n\t(d)\tsections 56 to 61 (inclusive);\n\t(e)\tSchedule 1.\n2A—Repeal of Children's Protection Act 1993\nThe Children's Protection Act 1993 is repealed—\n\t(a)\ton a day to be fixed by proclamation; or\n\t(b)\ton the day on which the transitional period (within the meaning of section 4 of the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017) expires,\nwhichever is the sooner.\n","sortOrder":11},{"sectionNumber":"Part 11","sectionType":"part","heading":"Amendment of Coroners Act 2003","content":"Part 11—Amendment of Coroners Act 2003\n61—Amendment of section 3—Interpretation\nSection 3(1), definition of reportable death(f)(ii)—delete \"under the Children's Protection Act 1993\" and substitute:\nor Chief Executive under the Children and Young People (Safety) Act 2017\n","sortOrder":12},{"sectionNumber":"Part 12","sectionType":"part","heading":"Amendment of Criminal Law Consolidation Act 1935","content":"Part 12—Amendment of Criminal Law Consolidation Act 1935\n62—Amendment of section 5—Interpretation\nSection 5(1)—after the definition aggravated offence insert:\napproved carer, of a child, means an approved carer (within the meaning of the Children and Young People (Safety) Act 2017) in whose care the child has been placed under that Act;\n63—Amendment of section 49—Unlawful sexual intercourse\nSection 49(5a)(b)—after \"foster parent,\" insert:\n64—Amendment of section 50—Persistent sexual exploitation of a child\nSection 50(8)(b)—after \"foster parent,\" insert:\n65—Amendment of section 57—Consent no defence in certain cases\nSection 57(4)(b)—after \"foster parent,\" insert:\n66—Amendment of section 63B—Procuring child to commit indecent act etc\nSection 63B(6)(b)—after \"foster parent,\" insert:\n","sortOrder":13},{"sectionNumber":"Part 13","sectionType":"part","heading":"Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011","content":"Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011\n67—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1)—after the definition of proceedings before the Board insert:\nprohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;\n\t(2)\tSection 3(1)—after the definition of trustee services provider insert:\nworking with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.\n68—Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction\n\t(1)\tSection 13(1)—after paragraph (c) insert:\n\t(ca)\tthe Children and Young People (Safety) Act 2017; and\n\t(2)\tSection 13(10)—delete \"Children's Protection Act 1993\" and substitute:\nChild Safety (Prohibited Persons) Act 2016\n69—Insertion of section 13A\nAfter section 13 insert:\n13A—Working with children checks\nA reference to an authorised person in section 170 of the Education and Care Services National Law (South Australia) will be taken to include a reference to a person—\n\t(a)\tin respect of whom a working with children check has been conducted under the Child Safety (Prohibited Persons) Act 2016 within the preceding 5 years; and\n\t(b)\twho is not a prohibited person (within the meaning of that Act).\n70—Amendment of section 22—Composition of Board\nSection 22—after subsection (2) insert:\n\t(2a)\tA person is not eligible to be appointed to the Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.\n71—Amendment section 23—Conditions of membership\n\t(1)\tSection 23(3)—after paragraph (a) insert:\n\t(ab)\tif a working with children check has not been conducted in relation to the member within the preceding 5 years; or\n\t(2)\tSection 23(4)—after paragraph (c) insert:\n\t(ca)\tbecomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or\n72—Amendment of section 27—Registrars of Board\nSection 27—after subsection (2) insert:\n\t(2a)\tA person is not eligible to be appointed as a Registrar unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n73—Amendment of section 28—Staff of Board\nSection 28—after subsection (1) insert:\n\t(1a)\tA person is not eligible to be assigned to assist the Board, or employed by the Board, unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n","sortOrder":14},{"sectionNumber":"Part 14","sectionType":"part","heading":"Amendment of Family and Community Services Act 1972","content":"Part 14—Amendment of Family and Community Services Act 1972\n74—Amendment of section 6—Interpretation\n\t(1)\tSection 6(1), definition of authorised officer—delete the definition\n\t(2)\tSection 6(1), definition of Chief Executive Officer—delete \"Officer\" wherever occurring\n\t(3)\tSection 6(1), definition of children's residential facility—delete the definition\n\t(4)\tSection 6(1), definition of foster care agency—delete the definition\n\t(5)\tSection 6(1), definition of foster parent—delete the definition\n\t(6)\tSection 6(1), definition of guardian—delete \"Officer\"\n\t(7)\tSection 6(1), definition of Minister—delete the definition\n\t(8)\tSection 6(1), definition of Youth Court—delete the definition\n\t(9)\tSection 6(5)—delete \"Officer\"\n75—Amendment of section 8—Delegation\nSection 8—delete \"Officer\" wherever occurring\n76—Repeal of Part 2 Division 3\nPart 2 Division 3—delete Division 3\n77—Repeal of Part 2 Division 5\nPart 2 Division 5—delete Division 5\n78—Amendment of section 23—Special welfare funds\n\t(1)\tSection 23(4)(b)—delete \"a foster care service for children\" and substitute:\nan out of home care service for children and young people (within the meaning of the Children and Young People (Safety) Act 2017)\n\t(2)\tSection 23(4)(c)—delete \"residential, foster or similar care apart from their guardians and relatives\" and substitute:\nout of home care (within the meaning of the Children and Young People (Safety) Act 2017)\n79—Amendment of section 36—Establishment of facilities and programmes for children\nSection 36(2)—delete \"Officer\"\n80—Repeal of Part 4 Division 2 Subdivision 3\nPart 4 Division 2 Subdivision 3—delete Subdivision 3\n81—Repeal of Part 4 Division 2 Subdivision 4\nPart 4 Division 2 Subdivision 4—delete Subdivision 4\n82—Repeal of Part 4 Division 2 Subdivision 8\nPart 4 Division 2 Subdivision 8—delete Subdivision 8\n83—Amendment of section 98—Liability of near relatives for maintenance of child\nSection 98(1)—after \"Minister\" insert:\nor the Chief Executive under the Children and Young People (Safety) Act 2017\n84—Amendment of section 99—Issue of summons for maintenance\nSection 99(2)—after \"Minister\" first occurring insert:\nor the Chief Executive under the Children and Young People (Safety) Act 2017\n85—Amendment of section 104—Order for payment of preliminary expenses\nSection 104(1)—delete \"Officer\"\n86—Amendment of section 105—Where order made during pregnancy\nSection 105(1)(b)—delete \"Officer\"\n87—Amendment of section 111—Power of Chief Executive to accept settlement in full\nSection 111—delete \"Officer\" wherever occurring\n88—Amendment of section 117—Order for payment of medical and like expenses\nSection 117(1)—delete \"Officer\"\n89—Amendment of section 142—Evidentiary provision\nSection 142—after paragraph (e) insert:\n\t\tor\n\t(f)\tthat a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act,\n90—Amendment of section 145—Variation of order against near relative of child\nSection 145(1)—delete \"Officer\"\n91—Amendment of section 151—Orders may direct mode of payment\nSection 151(a)—delete \"Officer\"\n92—Amendment of section 156—Order for delivery of attached property\nSection 156(1)—delete \"Officer\"\n93—Amendment of section 158—Liability of persons contravening order\nSection 158—delete \"Officer\"\n94—Amendment of section 159—Collection by police of money due to Chief Executive\nSection 159—delete \"Officer\" wherever occurring\n95—Amendment of section 160—Caveats\nSection 160—delete \"Officer\" wherever occurring\n96—Amendment of section 161—Warrant to enforce payments under orders\nSection 161—delete \"Officer\" wherever occurring\n97—Amendment of section 163—Sale under warrant\nSection 163—delete \"Officer\"\n98—Amendment of section 164—Assurances to purchaser\nSection 164(1)—delete \"Officer\"\n99—Amendment of section 165—Issue of warrant without previous demand\nSection 165(3)—delete \"Officer\"\n100—Amendment of section 166—Effect of payment under warrant\nSection 166—delete \"Officer\"\n101—Amendment of section 176—Application for attachment of earnings order\nSection 176(9)(c)—delete \"Officer\"\n102—Amendment of section 177—Employer to make payments under order\nSection 177—delete \"Officer\" wherever occurring\n103—Amendment of section 179—Discharge, suspension or variation of order\nSection 179(2)(c)—delete \"Officer\"\n104—Amendment of section 180—Cessation of attachment of earnings order\nSection 180(3)—delete \"Officer\"\n105—Amendment of section 183—Notice to defendants of payments made\nSection 183(2)—delete \"Officer\"\n106—Amendment of section 189—Payments by Crown etc\nSection 189(2)—delete \"officer\"\n107—Amendment of section 195—Proof of payment or non-payment under maintenance order\nSection 195—delete \"Officer\" wherever occurring\n108—Amendment of section 197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance\nSection 197(1)(a)—delete \"Officer\"\n109—Repeal of section 236\nSection 236—delete the section\n110—Amendment of section 236A—Hindering a person in execution of duty\nSection 236A—delete \"Officer, an authorised officer\"\n111—Amendment of section 240—Evidentiary provision\nSection 240(1)—delete \"Officer\" wherever occurring\n112—Amendment of section 242—Chief Executive may require report\nSection 242(1)—delete \"Officer\" wherever occurring\n113—Repeal of section 250\nSection 250—delete the section\n114—Repeal of section 250A\nSection 250A—delete the section\n115—Amendment of section 251—Regulations\n\t(1)\tSection 251(i)—delete \"of the Minister or the Chief Executive Officer or of whom the Minister has custody under any Act\" and substitute:\nor in the custody of the Minister or the Chief Executive, or the Chief Executive under the Children and Young People (Safety) Act 2017, pursuant to an order under that or any other Act;\n\t(2)\tSection 251(k)—delete paragraph (k)\n\t(3)\tSection 251(k1)—delete paragraph (k1)\n","sortOrder":15},{"sectionNumber":"Part 15","sectionType":"part","heading":"Amendment of Intervention Orders (Prevention of Abuse) Act 2009","content":"Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009\n116—Amendment of section 3—Interpretation\nSection 3(1), definition of Children's Protection Act order—delete the definition and substitute:\nState child protection order means an order made under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017;\n117—Amendment of section 10—Principles for intervention against abuse\n\t(1)\tSection 10(2)(a)—delete \"Children's Protection Act order\" and substitute:\n\t(2)\tSection 10(2)(b)—delete \"Children's Protection Act order\" and substitute:\n118—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 under section 38 of the Children's Protection Act 1993 or a corresponding order made under the 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) Act 2017).\n119—Amendment of section 20—Application to Court for intervention order\n\t(1)\tSection 20(1)(d)—delete \"Children's Protection Act order under section 38 of the Children's Protection Act 1993 in force in respect of the child—the Minister responsible for the administration of that Act\" and substitute:\nState child protection order in force in respect of the child—the Minister responsible for the administration of the Children and Young People (Safety) Act 2017\n\t(2)\tSection 20(3)—delete \"Children's Protection Act order\" and substitute:\n120—Amendment of section 23—Determination of application for intervention order\nSection 23(1a)—delete \"Children's Protection Act order\" wherever occurring and substitute in each case:\n121—Amendment of section 26—Intervention orders\nSection 26(1)(c)—delete \"Children's Protection Act order under section 38 of the Children's Protection Act 1993\" and substitute:\nState child protection order (being an order under section 38 of the Children's Protection Act 1993 or a corresponding order made under the section 53 of the Children and Young People (Safety) Act 2017)\n","sortOrder":16},{"sectionNumber":"Part 16","sectionType":"part","heading":"Amendment of Mental Health Act 2009","content":"Part 16—Amendment of Mental Health Act 2009\n122—Amendment of section 86—Minister's functions\nSection 86(c)—after \"1993\" insert:\n, or of the Chief Executive under the Children and Young People (Safety) Act 2017\n","sortOrder":17},{"sectionNumber":"Part 17","sectionType":"part","heading":"Amendment of Residential Tenancies Act 1995","content":"Part 17—Amendment of Residential Tenancies Act 1995\n123—Amendment of section 89A—Termination based on domestic abuse\nSection 89A(9)(b)—after \"1993\" insert:\n124—Amendment of section 105UA—Termination based on abuse of rooming house resident\nSection 105UA(7)(b)—after \"1993\" insert:\n125—Amendment of section 112—Restraining orders\nSection 112(1b)(b)—after \"1993\" insert:\n","sortOrder":18},{"sectionNumber":"Part 18","sectionType":"part","heading":"Amendment of Spent Convictions Act 2009","content":"Part 18—Amendment of Spent Convictions Act 2009\n126—Amendment of section 13—Exclusions\nSection 13(4)—delete \"6,\"\n127—Amendment of section 13A—Exclusions may not apply\n\t(1)\tSection 13A(1)—delete \"6,\"\n\t(2)\tSection 13A(6)(b)—delete paragraph (b)\n128—Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate\n\t(1)\tSchedule 2 clause 3(2)—delete \"6 or\"\n\t(2)\tSchedule 2 clause 3(3), definition of designated Minister, (a)—delete paragraph (a)\n\t(3)\tSchedule 2 clause 3(3), definition of Minister for Children's Protection—delete \"the provision of criminal history assessments for the purposes of Part 2 Division 3 of the Children's Protection Act 1993\" and substitute:\nundertaking working with children checks under the Child Safety (Prohibited Persons) Act 2016\n","sortOrder":19},{"sectionNumber":"Part 19","sectionType":"part","heading":"Amendment of Summary Offences Act 1953","content":"Part 19—Amendment of Summary Offences Act 1953\n129—Substitution of section 66V\nSection 66V—delete section 66V and substitute:\n66V—Power to remove children from dangerous situations\nFor the purposes of section 41 of the Children and Young People (Safety) Act 2017, the requirements of subsection (1) of that section will be taken to be satisfied if—\n\t(a)\ta minor is in a declared public precinct; and\n\t(b)\ta police officer is of the opinion that the minor—\n\t(i)\tis in danger of being physically harmed or injured; or\n\t(ii)\tis in danger of abuse (including assault and sexual assault, ill treatment and exposure to behaviour that may cause psychological harm to the minor); or\n\t(iii)\tis behaving in an offensive or disorderly manner or is otherwise committing or about to commit an offence.\n","sortOrder":20},{"sectionNumber":"Part 20","sectionType":"part","heading":"Amendment of Summary Procedure Act 1921","content":"Part 20—Amendment of Summary Procedure Act 1921\n130—Amendment of section 99AAC—Child protection restraining orders\n\t(1)\tSection 99AAC(8), definition of Chief Executive—delete the definition and substitute:\nChief Executive has the same meaning as in the Children and Young People (Safety) Act 2017;\n\t(2)\tSection 99AAC(8), definition of Minister—delete \"Children's Protection Act 1993\" and substitute:\nChildren and Young People (Safety) Act 2017\n131—Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings\nSection 99KA(4)(b)—delete \"the administrative unit of the Public Service charged with the administration of the Children's Protection Act 1993\" and substitute:\nan administrative unit of the Public Service assisting a Minister with the administration of the Children and Young People (Safety) Act 2017\n","sortOrder":21},{"sectionNumber":"Part 21","sectionType":"part","heading":"Amendment of Teachers Registration and Standards Act 2004","content":"Part 21—Amendment of Teachers Registration and Standards Act 2004\n132—Amendment of section 3—Interpretation\n\t(1)\tSection 3—after the definition of professional standards for teachers insert:\nprohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;\n\t(2)\tSection 3—after the definition of teacher regulatory authority insert:\nunique identifier, of a person, means a unique identifier issued to the person under the Child Safety (Prohibited Persons) Act 2016;\n\t(3)\tSection 3—after the definition of unprofessional conduct insert:\nworking with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.\n133—Amendment of section 9—Membership of Teachers Registration Board\nSection 9—after subsection (1) insert:\n\t(1a)\tA person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the member within the preceding 5 years.\n134—Amendment of section 10—Terms and conditions of membership\n\t(1)\tSection 10(5)—after paragraph (a) insert:\n\t(ab)\tif a working with children check has not been conducted in relation to the member within the preceding 5 years; or\n\t(2)\tSection 10(6)—after paragraph (c) insert:\n\t(ca)\tbecomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or\n135—Amendment of section 21—Eligibility for registration\n\t(1)\tSection 21(1)—delete \"the person\"\n\t(2)\tSection 21(1)(a)—before \"has\" insert:\nthe person\n\t(3)\tSection 21(1)(b)—before \"has\" insert:\nthe person\n\t(4)\tSection 21(1)(c)—delete paragraph (c) and substitute:\n\t(c)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(d)\tthe person is not a prohibited person; and\n\t(e)\tthe person is otherwise a fit and proper person to be a registered teacher.\n136—Amendment of section 22—Application for registration\nSection 22(2)—after paragraph (a) insert:\n\t(ab)\tprovide evidence of a kind determined by the Board that a working with children check has been conducted in relation to the applicant within the preceding 5 years; and\n137—Amendment of section 24—Conditions of registration\n\t(1)\tSection 24—before subsection (1) insert:\n\t(a1)\tIt is a condition of every registration that a working with children check be conducted in relation to the person at least once in each 5 year period.\n\t(2)\tSection 24(2)—after paragraph (b) insert:\n\t\tand\n\t(c)\tmake it a condition of every registration that if—\n\t(b)\tmore than 5 years have elapsed since a working with children check has been conducted in relation to the person,\nthe person must give written notice of that fact to the Board containing the details specified in the condition.\n\t(3)\tSection 24(3)—after \"condition\" first occurring insert:\n(other than the condition imposed by subsection (a1))\n138—Insertion of section 24A\nAfter section 24 insert:\n24A—Automatic cancellation of registration of prohibited persons\n\t(1)\tSubject to this section, the registration of a teacher is, by force of this section, cancelled if the teacher becomes a prohibited person.\n\t(2)\tThe cancellation of a teacher's registration under this section has effect from the time a prohibition notice is issued to the teacher under section 32 of the Child Safety (Prohibited Persons) Act 2016\n\t(3)\tIf the issue of the prohibition notice to the teacher is set aside by the South Australian Civil and Administrative Tribunal or any other court, the cancellation of the teacher's registration under this section will be taken to be void and of no effect (and the Teachers Registration Board must take steps as may be necessary to give effect to this subsection).\n139—Amendment of section 28—Register\n\t(1)\tSection 28(2)—after paragraph (b) insert:\n\t(ba)\tthe person's unique identifier; and\n\t(bb)\tdetails of the most recent working with children check conducted in relation to the person (if known); and\n\t(2)\tSection 28—after subsection (4) insert:\n\t(4a)\tA registered person must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 7 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.\n140—Amendment of section 30—Special authority for unregistered person to teach\n\t(1)\tSection 30—after subsection (1) insert:\n\t(1a)\tIt is a condition of every special authority that a working with children check be conducted in relation to the person at least once in each 5 year period.\n\t(2)\tSection 30(2)—delete subsection (2) and substitute:\n\t(2)\tWithout otherwise limiting the discretion of the Board under subsection (1), the Teachers Registration Board may only grant a person a special authority if—\n\t(a)\tthe person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(b)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(c)\tthe person consents to the conduct by the Board of a criminal record check relating to the person; and\n\t(d)\tthe person has met any other requirements prescribed by regulation for the purposes of this subsection.\n\t(3)\tSection 30(3)—after paragraph (a) insert:\n\t(ab)\tbe accompanied by evidence of a kind determined by the Board that a working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(4)\tSection 30(3)(b)—delete \"fee fixed by regulation\" and substitute:\nprescribed fee\n\t(5)\tSection 30—after subsection (3) insert:\n\t(4)\tAn applicant for a special authority must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant.\n141—Amendment of section 31—Register\n\t(1)\tSection 31(2)—after paragraph (b) insert:\n\t(ba)\tthe person's unique identifier; and\n\t(bb)\tdetails of the most recent working with children check conducted in relation to the person (if known); and\n\t(2)\tSection 31—after subsection (4) insert:\n\t(4a)\tThe holder of a special authority must, within 7 days after a working with children check is conducted in relation to the person, inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.\n142—Amendment of section 33—Cause for disciplinary action\nSection 33(1)—after paragraph (b) insert:\n\t(ba)\ta working with children check has not been conducted in relation to the teacher within the preceding 5 years; or\n143—Insertion of section 33A\nAfter section 33 insert:\n33A—Suspension of teacher's registration if working with children check not current etc\n\t(1)\tThe Teachers Registration Board may, if satisfied that a working with children check has not been conducted in relation to a registered teacher within the preceding 5 years suspend (without any requirement for a hearing or other process) the registration of the teacher.\n\t(2)\tA suspension under this section has effect—\n\t(a)\tuntil the fulfilment of specified conditions or until further order of the Teachers Registration Board; or\n\t(b)\tif the teacher's registration is cancelled under section 35(2)—until that cancellation has effect,\n\t(3)\tTo avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher.\n144—Amendment of section 37—Employer to report dismissal\nSection 37—after subsection (1) insert:\n\t(1a)\tIf the employer of a practising teacher—\n\t(a)\tdismisses the teacher on the grounds that—\n\t(i)\tthe teacher is a prohibited person; or\n\t(ii)\ta working with children check has not been conducted in relation to the teacher within the preceding 5 years; or\n\t(b)\taccepts the resignation of the teacher for a reason referred to in paragraph (a),\nthe employer must, within 7 days, submit a written report to the Teachers Registration Board—\n\t(c)\tdescribing the circumstances of the dismissal or resignation; and\n\t(d)\tcontaining all other prescribed information.\nMaximum penalty: $10 000.\n145—Insertion of section 52A\nAfter section 52 insert:\n52A—Notification to employer that teacher is a prohibited person etc\nIf the Registrar becomes aware that a person who is or has been registered as a teacher is a prohibited person under Child Safety (Prohibited Persons) Act 2016 the Registrar must, as soon as practicable, give details of that fact to—\n\t(a)\tthe person's employer if the person is a practising teacher; and\n\t(b)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.\n146—Amendment of section 61—Regulations\nSection 61—after subsection (2) insert:\n\t(2a)\tThe regulations may make provisions of a saving or transitional nature consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016 or the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.\n","sortOrder":22},{"sectionNumber":"Part 22","sectionType":"part","heading":"Amendment of Youth Court Act 1993","content":"Part 22—Amendment of Youth Court Act 1993\n147—Amendment of section 7—Jurisdiction\nSection 7(a)—after \"Children's Protection Act 1993\" insert:\nand the Children and Young People (Safety) Act 2017\n","sortOrder":23},{"sectionNumber":"Part 23","sectionType":"part","heading":"Amendment of Youth Justice Administration Act 2016","content":"Part 23—Amendment of Youth Justice Administration Act 2016\n148—Amendment of section 3—Objects and guiding principles\nSection 3(1)(g)—delete \"Minister, or of whom the Minister has custody, under the Children's Protection Act 1993\" and substitute:\nChief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017\n149—Amendment of section 4—Interpretation\n\t(1)\tSection 4(1)—after the definition of Chief Executive insert:\nChild and Young Person's Visitor means the Child and Young Person's Visitor under the Children and Young People (Safety) Act 2017;\n\t(2)\tSection 4(1), definition of guardian—delete \"Minister under the Children's Protection Act 1993\" and substitute:\nChief Executive under the Children and Young People (Safety) Act 2017\n\t(3)\tSection 4(1), definition of Guardian for Children and Young Persons—delete the definition and substitute:\nGuardian for Children and Young People means the Guardian for Children and Young People appointed under the Children and Young People (Oversight and Advocacy Bodies) Act 2017;\n150—Amendment of section 10—Official visitors\nSection 10—after \"Visitor\" insert:\n, the Child and Young Person's Visitor\n151—Amendment of section 14—Training Centre Visitor's functions\nSection 14(2)(b)(i)—delete \"Minister under the Children's Protection Act 1993\" and substitute:\nChief Executive under the Children and Young People (Safety) Act 2017\n152—Amendment of section 43—Community programs\nSection 43(3)(b)—delete \"Minister, or of whom the Minister has custody, under the Children's Protection Act 1993\" and substitute:\nChief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017\n153—Insertion of section 21A\nAfter section 21 insert:\n21A—Persons not to be employed in training centres etc unless assessed\n\t(1)\tA person must not be employed in a training centre or other facility established by the Minister under section 21 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.\n\t(2)\tHowever, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person who is employed in a training centre or other 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 training centre or other facility in contravention of subsection (1) is guilty of an offence.\n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(b)\tin the case of a body corporate—$120 000.\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.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 \n12.12.2017\n19.12.2017 except ss 22, 23, 26, 60, 147, 149(1), 150—26.2.2018 and except ss 24, 25, 27 to 33, 35 to 42, 47, 48, 58, 61 to 66, 74 to 125, 129 to 131, 148, 149(2), 151 to 153—22.10.2018 (Gazette 19.12.2017 p5119) and except ss 5 to 17, 43(2), 44, 67 to 73, 126 to 128, 132 to 146—1.7.2019 (Gazette 17.1.2019 p93) (s 43(1) deleted by 9/2019 without coming into operation)\nChildren and Young People (Safety) (Miscellaneous) Amendment Act 2018\n18.10.2018\nSch 1 (cll 1 to 6)—22.10.2018 (Gazette 18.10.2018 p3821)\nStatutes Amendment (Screening) Act 2019\n16.5.2019\nPt 3 (ss 16 & 17)—1.7.2019 (Gazette 27.6.2019 p2322)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 2\n expired: s 6\n(30.6.2022)\nss 8A and 8B\ninserted by 9/2019 s 16\n1.7.2019\ns 12\n\ns 12(1)\namended by 17/2018 Sch 1 cl 1\ns 13\n\ns 13(1)\namended by 17/2018 Sch 1 cl 2\ns 14\n\ns 14(1)\namended by 17/2018 Sch 1 cl 3\nPt 3\nexpired: s 19\n(30.6.2022)\nPt 4\n\ns 23A\ninserted by 17/2018 Sch 1 cl 4\ns 26A\ninserted by 17/2018 Sch 1 cl 5\nss 31A and 31B\ninserted by 17/2018 Sch 1 cl 6\nPt 7\n\ns 43\n\ns 43(1)\ndeleted by 9/2019 s 17\n1.7.2019\nHistorical versions\n\n","sortOrder":24}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the scope changed from original intent — the legislative text was inaccessible. Based on the title alone, the Act appears to serve a focused, administrative transitional purpose consistent with its name, but no definitive assessment can be made."},"complexity_factors":["Score is tentative only — actual legislative text was not accessible due to a website error","Transitional legislation is inherently complex as it must bridge two legal frameworks simultaneously","Child protection law involves intersecting state, federal, and administrative law considerations","Amendments to multiple related Acts typically increase interpretive complexity","Without the actual text, cross-referencing provisions and assessing true complexity is impossible"],"plain_english_summary":"## What Happened Here?\n\nUnfortunately, the actual text of the **Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017** (South Australia) was not retrievable — the legislation website returned a **'Page Not Found'** error instead of the law itself.\n\n## What We Know From the Title\n\nBased on the title alone, this South Australian law appears to deal with:\n\n- **Children's protection** — laws relating to the safety and welfare of children\n- **Transitional arrangements** — temporary rules to manage the changeover from an *old* legal framework to a *new* one (think of it like a legal bridge between two systems)\n- **Related amendments** — changes made to other existing laws to keep everything consistent during the transition\n\nThis type of legislation is typically passed when a major reform (like a new child protection Act) comes into force, and the government needs to ensure cases, orders, and processes already underway under the *old* law are handled fairly and consistently under the *new* law.\n\n## Who Would This Affect?\n\n- Children in state care or involved in child protection proceedings\n- Families subject to existing child protection orders\n- Child protection workers and government agencies (such as the Department for Child Protection)\n- Courts dealing with child welfare matters\n- Foster carers and guardians\n\n> ⚠️ **Note:** A full and accurate legal analysis cannot be provided without access to the actual legislative text. Please check [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly or contact OPCWeb@sa.gov.au for access."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act changes scope relative to the prior legal framework by replacing large parts of the Children's Protection Act 1993 with a new architecture centred on the Child Safety (Prohibited Persons) Act 2016 and the Children and Young People (Safety) Act 2017 (see s 60 Part 2 and 2A). It does the following (source citations):\n\n- Converts prior assessments and approvals into the new working‑with‑children regime and gives transitional recognition to recent assessments (ss 7–8, 8A–8B, 9–16). This narrows the need for immediate repeat screening for some individuals but sets time limits and conditions for conversion (see s 8(2), s 8A(3)).\n\n- Transfers many operational functions and references from Ministers to the Chief Executive, centralising administrative decision‑making (ss 24–25, 47–48, 33). That changes who exercises powers and makes day‑to‑day decisions about placements, approvals and delegations.\n\n- Introduces new mandatory screening and assessment conditions in regulated settings (working‑with‑children checks at 5‑year intervals for numerous regulators and office holders — ss 69, 133–137; mandatory psychological/psychometric assessments for employees in specified residential and training settings — ss 110A, 21A) and creates criminal penalties for non‑compliance (ss 110A, 21A). This expands the regulatory reach into recruitment and engagement practices for many categories of workers (including volunteers and contractors).\n\n- Modifies registers, reporting duties and disciplinary mechanics (automatic cancellation of teachers who become prohibited persons — s 24A; suspension for out‑of‑date checks — s 33A; employer reporting obligations — s 144), thereby altering the administrative conditions of professional practice.\n\n- Continues and converts existing court orders, custody, guardianship, notifications and ongoing investigations into the new legislative framework to preserve continuity, while changing the legal relationship (guardianship/custody becomes the Chief Executive's where previously the Minister or other constructs applied — ss 23A, 24–26, 26A, 30–33).\n\nTaken together, these changes shift the statutory structure, the locus of administrative authority and the compliance obligations for individuals and organisations working with children; they do not merely rename provisions but expand and reallocate screening, approval, enforcement and regulatory duties across the new Acts (see the many amendments listed throughout Parts 5–23)."},"complexity_factors":["Extensive cross‑referencing and conversion between multiple Acts (Child Safety (Prohibited Persons) Act 2016; Children and Young People (Safety) Act 2017; Children and Young People (Oversight and Advocacy Bodies) Act 2016; and repeal of Children's Protection Act 1993) increases legal interactions and interpretation complexity (see s 60, ss 7–8, ss 23–29).","Numerous transitional provisions with different sunset rules and category‑specific exceptions (eg ss 4(1) transitional period, ss 8A–8B, ss 37–38) require tracking time limits for different cohorts.","Significant administrative discretion given to the Chief Executive and central assessment unit (issuing unique identifiers, imposing or revoking conditions, defining assessment types) concentrates operational detail outside the primary text (see ss 8(4), 37–38, 110A, 21A, 112A).","Insertion of new substantive obligations across many Acts (working‑with‑children checks every 5 years, employer reporting, automatic cancellation, mandatory psychometric assessments) creates compliance obligations spanning employment, registration and licensing regimes (see ss 69, 137, 24A, 33A, 110A, 21A, 144).","Penalties and criminal offence provisions in multiple places (employment/unlawful employment penalties in ss 110A and 21A; employer reporting fines s 144) increase stakes and require coordination with enforcement processes.","Evidentiary and procedural changes (s 17, s 26A, ss 31A–31B) transfer ongoing court and administrative matters into the new statutory framework, raising transitional litigation and administrative workload.","Regulatory dependence: the Act frequently delegates substantive detail to regulations (see ss 50, 59, 146(2a), s 40(9)), meaning interpretation requires reviewing subordinate instruments.","Wide scope of persons captured by employment definitions (includes volunteers, contractors, ministers of religion, trainees) which complicates compliance assessments (see ss 110A(5), 21A(5))."],"plain_english_summary":"What this Act does, mechanically\n\n- It puts in place transitional arrangements and a set of connected changes to many South Australian laws to move from the old Children's Protection Act 1993 to a new scheme built around three Acts: the Child Safety (Prohibited Persons) Act 2016, the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and the Children and Young People (Safety) Act 2017. The Act (a) recognises and converts existing screening and approvals into the new working‑with‑children / approved carer regime (see ss 7–17, 23, 27–29), (b) moves many functions and references from the Minister to the Chief Executive (see ss 24–25, 47–48), (c) replaces and repeals large parts of the 1993 Act (see s 60 Parts 2 and 2A), and (d) amends numerous other Acts to align terminology, duties and offences with the new regime (see Parts 5–23).\n\nWho it affects and how it matters mechanically\n\n- People already screened under the old Children's Protection Act: assessments done in the previous 3 years are, for a time, treated as working‑with‑children checks under the new Child Safety (Prohibited Persons) Act (ss 7–8). Certain categories of workers (teachers, health practitioners, emergency service workers, foster carers, licensed agencies, passenger transport accreditations and employees in residential or training centres) are subject to transitional recognition or time limits before the full new screening scheme applies (see ss 8A–16, 9–16). The central assessment unit may issue unique identifiers to such persons (see s 8(4), 8A(4), 8B(4)).\n\n- Employers, registration boards and statutory bodies: the Act requires working‑with‑children checks at regular intervals for members, staff and applicants for registration across education and child‑care regulators (see ss 69, 70–73, 133–136). The Teachers Registration Board must treat a teacher who becomes a \"prohibited person\" as automatically cancelled (s 24A), may suspend teachers whose checks are out of date (s 33A), and employers must report dismissals for prohibited‑person or screening lapses (s 144). The Education and Care Services National Law references are updated to accept working‑with‑children checks (s 69).\n\n- Providers of residential and training‑centre services: the Act creates express criminal penalties for employing people in certain residential facilities or training centres unless they have undergone a psychological/psychometric assessment of a type determined by the Chief Executive (see s 110A, inserted by s 55; and s 21A inserted by s 153 for training centres). Penalties for employing or continuing to employ non‑assessed persons are set out in those sections.\n\n- Courts and records: existing court orders, voluntary custody agreements, family care meetings, notifications of abuse and ongoing investigations under the repealed Act are continued or converted to their counterparts under the Children and Young People (Safety) Act 2017 so proceedings and placements remain effective (see ss 23A, 24–26, 26A, 30–33, 31A–31B). The Act also enables courts to make declarations changing a child's name in specified circumstances and requires registration of those changes with Births, Deaths and Marriages (ss 52(1b) inserted by s 52 and s 40).\n\nOfficial purpose claim and how the Act implements it\n\n- The Act is framed as making \"transitional arrangements and related amendments\" consequent on enactment of the three child protection Acts. Mechanically, it implements that purpose by (i) converting existing clearances and administrative approvals into the new working‑with‑children / approved carer framework (ss 7–8, 23, 27–29), (ii) transferring statutory roles and duties from Ministers to the Chief Executive where the new Acts institute administrative leadership by the Department (ss 24–25, 47–48), and (iii) aligning offences and registries across other Acts with the new definitions (Parts 7–23).\n\nCosts, incentives, trade‑offs and compliance mechanics (source‑grounded)\n\n- Who pays: individuals or employers may need to pay for additional screening or criminal record checks. The Teachers Registration Board may require applicants for special authority to pay an amount specified by the Board for a criminal record check (s 140(4)). Employers and registration holders face fines where they fail to report, to ensure compliance (e.g. employer reporting penalty under s 144: $10,000) or where they employ non‑assessed persons in residential or training facilities (s 110A, s 153 penalties as specified).\n\n- Administrative discretion and decision‑makers: the Chief Executive gains explicit supervisory and discretionary powers to (a) continue, impose and revoke approvals and conditions for approved carers and temporary approvals (ss 37–38), (b) determine the types of psychological/psychometric assessments required for residential or training centre employees (ss 110A, 21A), and (c) provide financial or other assistance to approved carers (s 112A). The central assessment unit is given powers to issue unique identifiers (s 8(4), s 8A(4)). Regulations can be used to make further procedural or confidentiality rules for assessments (s 50) and to make saving and transitional provisions (s 59, s 146(2a)). These are concrete points where executive regulation and administrative decision‑making shape how the statutory scheme operates.\n\n- Compliance burden and friction: the Act imposes multiple recurring or event‑driven obligations: working‑with‑children checks at least once every 5 years for various office holders and applicants (ss 69, 133, 137), notification obligations to registrars within 7 days after a check (ss 139(4a), 141(4a), 139(1)(bb)), and employer reporting duties where a teacher is dismissed for prohibited‑person reasons (s 144). Organisations must maintain policies and procedures already in force (s 36) and may be required to submit to new conditions imposed by the Chief Executive (ss 37–38). The imposition of psychological assessments for certain classes of employees (ss 110A, 21A) creates an additional operational step before employment.\n\n- Effects on private choice, markets and contracts: the Act expands screening and assessment requirements that affect who may lawfully work with children or in specified facilities (ss 110A, 21A; working‑with‑children check provisions in Parts 7, 13 and 21). That changes the conditions under which individuals can be engaged (employment, contracting, volunteers, ministers of religion are all captured — see ss 110A(5), 21A(5)). Registration boards must condition registration on current checks (ss 69, 137), which affects professional mobility and the paperwork required to enter or remain in regulated occupations.\n\n- Concentrated benefits and diffuse costs: benefits from converting existing clearances into new format accrue mainly to individuals whose prior assessments are recognised (ss 7–8, 8A–8B), and to agencies avoiding immediate repeat screening. Costs are dispersed across employers, regulators and individuals who must ensure checks are current, pay for or organise new assessments and comply with reporting requirements (see s 140(4), s 139(4a), s 144, s 110A penalties). The Act centralises many administrative decisions with the Chief Executive and the central assessment unit, concentrating decision‑making authority (see ss 8(4), 37–38, 112A).\n\n- Implementation risk and opportunity cost: the Act relies on administrative systems (central assessment unit, Departmental record‑keeping, Registrar notifications) and delegated regulation to operationalise many details (see ss 8(4), 50, 59, 146(2a)). That creates an implementation dependency: outcomes depend on timely regulation, operational capacity to issue unique identifiers and to process checks, and the Department's use of its discretionary powers to set assessment standards and conditions (ss 8(4), 110A, 21A, 37–38). Opportunity costs include administrative effort diverted from other departmental tasks to implement the new screening, assessment and reporting systems.\n\n- Procedural and evidentiary provisions: the Act contains evidentiary rules that simplify proof in proceedings about whether an assessment or screening was conducted (s 17). It also provides time‑limited transitional periods for various converted approvals (see definition of transitional period in s 4(1)).\n\nIn short: mechanically the Act converts older screening and approvals into the new working‑with‑children and approved‑carer framework, transfers many statutory references and duties to departmental (Chief Executive) control, creates new screening and psychometric assessment requirements for certain residential and training settings with criminal penalties for non‑compliance, adjusts registers and reporting duties across education and child‑services laws, continues existing placements and proceedings into the new Acts, and repeals large parts of the 1993 Act (see ss 7–17, 23–38, 40, 55–56, 60 and the many amendments listed in Parts 5–23). It achieves these aims by a mix of direct statutory conversion, administrative delegations to the Chief Executive and regulatory powers that fill in procedural detail (see ss 8, 37–38, 50, 59, 146)."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"While originally intended as transitional machinery to bridge three new Acts, the legislation significantly expanded scope by: (1) creating permanent amendments to 23 other Acts (not just temporary bridging provisions); (2) introducing new substantive offences and requirements (psychological assessments for residential facility workers, automatic teacher registration cancellation); (3) establishing permanent new powers (Chief Executive can change names of children in long-term guardianship); and (4) creating ongoing reporting and oversight mechanisms. The 'transitional' label understates the permanent structural changes made to South Australia's child protection architecture."},"complexity_factors":["Massive cross-referencing: Amends 23 separate Acts and repeals substantial portions of the Children's Protection Act 1993","Nested transitional provisions: Multiple 'sunset' clauses with different expiry dates (e.g., Part 2 expires at end of transitional period, Part 3 similarly)","Conditional logic throughout: Sections 7-17 contain complex 'if-then' structures determining when old assessments count as new checks, with multiple termination triggers (becoming prohibited person, new check conducted, expiry of registration/accreditation)","Defined terms with layered meanings: Terms like 'assessment of relevant history', 'transitional period', and 'prohibited person' have specific statutory definitions that interact across multiple Acts","Institutional role transfers: Systematic replacement of 'Minister' with 'Chief Executive' and 'Chief Executive Officer' with 'Chief Executive' across dozens of provisions, requiring careful tracking of which role applies when","Exception stacking: Sections 8A-16 contain multiple overlapping exceptions to the Child Safety (Prohibited Persons) Act 2016, each with different conditions and expiry triggers","Legislative history complexity: The document shows subsequent amendments (2018, 2019) that deleted or inserted provisions, indicating evolving statutory text"],"plain_english_summary":"This South Australian law is a 'bridge' that helps switch over from old child protection rules to new ones without everything falling apart in the meantime.\n\n**What it does:**\n- **Switches the system:** It replaces the old *Children's Protection Act 1993* with three new laws: the *Child Safety (Prohibited Persons) Act 2016* (working with children checks), the *Children and Young People (Oversight and Advocacy Bodies) Act 2016* (watchdogs and advocates), and the *Children and Young People (Safety) Act 2017* (main child protection law).\n- **Grandfathers existing checks:** If you already had a background check ('assessment of relevant history') under the old system, this law says it still counts as a valid 'working with children check' under the new system—at least for a while. This applies to teachers, foster carers, health workers, emergency services staff, and others.\n- **Keeps kids safe during the handover:** Children already in foster care or residential care stay where they are. Court orders about guardianship and custody continue but switch from the 'Minister' to the 'Chief Executive' as the responsible person.\n- **Updates 20+ other laws:** It goes through and fixes references in other legislation (like the *Criminal Law Consolidation Act*, *Teachers Registration Act*, *Residential Tenancies Act*, etc.) to point to the new child protection laws instead of the old repealed one.\n- **New safeguards:** Adds extra protections like requiring psychological assessments for staff in residential facilities and training centres, and making sure teachers automatically lose registration if they become 'prohibited persons' (banned from working with kids).\n\n**Who it affects:**\n- Anyone working with children (teachers, carers, health workers, transport workers)\n- Foster parents and residential care providers\n- Children currently under state guardianship or in care\n- Government departments handling child protection\n\n**Why it matters:**\nWithout this law, South Australia's child protection system would have hit a cliff-edge when the old Act was repealed. Kids might have been left in legal limbo, workers might have needed immediate re-screening, and court orders might have become unenforceable. This ensures continuity while tightening safety standards."},"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-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017","history":"/api/acts/children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017/history","analysis":"/api/acts/children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017/analysis","conflicts":"/api/acts/children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017/conflicts","importantCases":"/api/acts/children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017/important-cases","documents":"/api/acts/children-s-protection-law-reform-transitional-arrangements-and-related-amendments-act-2017/documents"}}