Part 5Referral of matters

Part 5—Referral of matters 40—Guardian or Committee may refer matter to CCYP or CACYP (1) If, in the course of performing functions under this Act, the Guardian or the Committee becomes aware of a matter that, in the opinion of the Guardian or Committee, should be referred to the CCYP for action under Part 2 or to the CACYP for action under Part 2A, then the Guardian or Committee (as the case requires) may, in a manner and form determined by the CCYP or CACYP, refer the matter to the CCYP or CACYP (as the case requires). (2) Subsection (1) applies whether or not the Guardian or the Committee is reviewing, or has reviewed, an incident to which the matter relates. (3) Nothing in subsection (1) prevents the Guardian or the Committee from reporting or referring the matter under any other provision of this Act or any other Act. 41—CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body (1) If, in the course of performing functions under this Act, the CCYP, the CACYP, the Guardian or the Committee becomes aware of a matter that raises the possibility of professional misconduct or unprofessional conduct, or corruption, misconduct or maladministration in public administration, then the CCYP, CACYP, Guardian or Committee (as the case requires)— (a) in the case of professional misconduct or unprofessional conduct—may report the matter to the relevant regulatory body for that profession; or (b) in the case of corruption in public administration—must refer the matter to the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012; or (c) in the case of misconduct or maladministration in public administration—must refer the matter to the Ombudsman under the Ombudsman Act 1972. (2) The CCYP, the CACYP, the Guardian or the Committee (as the case requires) must comply with any reasonable request of the relevant regulatory body for further information in relation to the subject matter of a report under subsection (1)(a). corruption in public administration means corruption in public administration within the meaning of the Independent Commission Against Corruption Act 2012; misconduct or maladministration in public administration means misconduct in public administration or maladministration in public administration, within the meaning of the Ombudsman Act 1972. 42—CCYP, CACYP and Guardian may make complaints to Ombudsman (1) Despite a provision of the Ombudsman Act 1972, the CCYP, the CACYP or the Guardian may, on behalf of a child or young person, or a class of children or young people— (a) make a complaint to the Ombudsman in respect of an administrative act; or (b) make a prescribed child protection complaint to the Ombudsman, and, for the purposes of the Ombudsman Act 1972, such a complaint will be taken to be a complaint made under that Act. (1a) The CACYP may only make a complaint under this section on behalf of an Aboriginal child or young person, a group of Aboriginal children and young people, or Aboriginal children and young people generally. (2) Without limiting a provision of the Ombudsman Act 1972, the Ombudsman, in respect of a complaint referred to in subsection (1)(b), has the same jurisdiction and any additional powers that the Health and Community Services Complaints Commissioner would have under the Health and Community Services Complaints Act 2004 in respect of such a complaint. administrative act has the same meaning as in the Ombudsman Act 1972; prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004. 43—CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner (1) Subject to this section, but despite a provision of the Health and Community Services Complaints Act 2004, the CCYP, the CACYP or the Guardian may make a complaint to the Health and Community Services Complaints Commissioner on behalf of a child or young person, or a class of children or young people, in respect of a ground referred to in section 25 of that Act (and such a complaint will be taken to be a complaint made under that Act). (2) In determining whether to make a complaint under subsection (1), the CCYP, the CACYP or the Guardian (as the case requires)— (a) must have regard to the fact that a prescribed child protection complaint should, unless it is a complaint of a kind identified in an administrative arrangement under section 28A of the Health and Community Services Complaints Act 2004, be made to the Ombudsman; and (b) must consider whether a complaint should instead be made under section 42. (2a) The CACYP may only make a complaint under this section on behalf of an Aboriginal child or young person, a group of Aboriginal children and young people, or Aboriginal children and young people generally. (3) Nothing in this section limits the operation of section 28A of the Health and Community Services Complaints Act 2004. prescribed child protection complaint has the same meaning as in section 28A of the Health and Community Services Complaints Act 2004. 44—Immediate reports to Parliament (1) The CCYP, the CACYP, the Guardian or the Committee may make a report to the Parliament on any matter related to their functions under this Act if satisfied that the matter raises issues of such importance to the safety or wellbeing of children and young people that the Parliament should be made aware of the matter as a matter of urgency. (2) A copy of the report must be delivered to the President of the Legislative Council and the Speaker of the House of Assembly. (3) The President of the Legislative Council and the Speaker of the House of Assembly must, on the first sitting day after receiving a report, lay it before their respective Houses. (4) The CCYP, the CACYP, the Guardian or the Committee (as the case requires) must also give a copy of the report to the Minister. 45—Referral of matters to inquiry agencies etc not affected (1) Nothing in this Act prevents a matter from being referred to an inquiry agency or any other appropriate person or body at any time (whether or not an inquiry or other proceedings are being or have been undertaken under this Act). (2) The referral of a matter does not prevent the CCYP, the CACYP, the Guardian or the Committee from performing functions or exercising powers in respect of the matter (but in such a case the CCYP, CACYP, Guardian or Committee must endeavour to avoid, as far as practicable, prejudice to any person affected by the referral). inquiry agency means— (a) South Australia Police; or (b) the Ombudsman; or (c) the State Coroner; or (d) the Independent Commission Against Corruption; or (e) the Commissioner for Public Sector Employment; or (f) the Health and Community Services Complaints Commissioner; or (g) the Guardian. Part 6—Child Development Council