Part 6Transitional provisions

Part 6—Transitional provisions 12—Guardian for Children and Young People (1) The person who, immediately before the commencement of clause 2 of this Schedule, was the Guardian for Children and Young Persons under the Children's Protection Act 1993 will continue as the Guardian for Children and Young People as if he or she were appointed under Part 3 of this Act. (2) The appointment will be taken to be subject to any terms, conditions or limitations applicable to the Guardian for Children and Young Persons immediately before the commencement of clause 2 of this Schedule. 13—Commissioner for Aboriginal Children and Young People (1) The person who, immediately before the commencement of this clause, was the Commissioner for Aboriginal Children and Young People appointed under the Constitution Act 1934— (a) ceases to hold office on the commencement of this clause and any instrument of appointment or other agreement or arrangement relating to the office is terminated by force of this clause at the same time; and (b) will be taken, on the commencement of this clause, to be appointed under Part 2A of this Act for a term ending on 3 December 2021. (2) For the purposes of section 20B(2), the term of appointment of the person referred to in subclause (1) is taken to have commenced on 3 December 2018. (3) The operation of this clause does not amount to a break in service and the person referred to in subclause (1) retains existing and accruing rights in respect of leave regarding their appointment under the Constitution Act 1934. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation amended by principal Act The Children and Young People (Oversight and Advocacy Bodies) Act 2016 amended the following: Children's Protection Act 1993 Freedom of Information Act 1991 Health and Community Services Complaints Act 2004 Ombudsman Act 1972 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Children and Young People (Oversight and Advocacy Bodies) Act 2016 27.10.2016 10.11.2016 (Gazette 10.11.2016 p4391) except ss 4, 5, Pt 2 Divs 2 & 3, Pts 3—7, ss 64, 65, 67, 69, 70 & Sch 1—18.12.2017 (Gazette 5.12.2017 p4840) Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 3 (ss 18 to 21) & Pt 9 (s 46)—19.12.2017; Pt 9 (ss 47, 48)—22.10.2018 (Gazette 19.12.2017 p5119) Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021 30.9.2021 Pt 2 (ss 4 to 41)—21.10.2021 (Gazette 21.10.2021 p3788) Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 Sch 1 (cll 6, 7 & 76)—7.10.2021: s 2 Children and Young People (Oversight and Advocacy Bodies) (Child Death and Serious Injury Review Committee) Amendment Act 2024 5.12.2024 5.6.2025 (Gazette 5.6.2025 p1384) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 6 & 7)—uncommenced Provisions amended New entries appear in bold. Provision How varied Commencement Long title amended by 35/2021 s 4 Pt 1