Children and Young People (Safety) Act 2017

Mandated reporters (Chapter 5, Part 1): All persons in specified employment categories who form a reasonable suspicion of risk must report. The category is broad and covers most professionals who have contact with children in a work context.

Parents, guardians, and family members: The subjects of Chief Executive assessment, investigation, orders for assessment, and potentially removal proceedings.

Approved carers: Subject to approval, ongoing review, conditions, and the risk of cancellation of approval.

Foster care agencies and licensed children's residential facilities: Must be licensed and comply with record-keeping and oversight requirements.

Organisations providing services to children: Must have child-safe policies and procedures under Chapter 8.

The Chief Executive and child protection officers: Carry out the operational functions of the Act including investigations, removals, care planning, and contact arrangements.

Courts: The Youth Court and Magistrates Court have jurisdiction over applications for orders under Chapter 6.

Mandatory reporting (section 31): A person to whom Part 1 of Chapter 5 applies who suspects on reasonable grounds that a child or young person is, or may be, at risk, and who formed that suspicion in the course of employment, must report the suspicion as soon as reasonably practicable. The report may be made by phone (Child Abuse Report Line), electronic notification, or to specified persons. Maximum penalty for failure to report: $10,000.

Assessment by Chief Executive (section 32): The Chief Executive must cause every report to be assessed. After assessment, the Chief Executive must take at least one action from: investigate (section 34), implement an alternative response, refer to another State authority (section 33), or decline to act on specified grounds.

Approved carer conditions (sections 72-76): Approved carers must comply with conditions imposed on their approval, provide specified information to the Chief Executive, allow ongoing reviews, and comply with directions.

Child-safe organisations (sections 114-115): Prescribed organisations must prepare and implement policies and procedures to ensure safe environments for children and young people. Policies must be reviewed at prescribed intervals.

Case plans (Chapter 4, Part 3): The Chief Executive must prepare a case plan in respect of children and young people in certain circumstances (section 28) and give effect to the case plan (section 29).

Annual reporting (sections 15, 156): Additional annual reporting obligations apply to the Minister and the Chief Executive relating to specified aspects of the Act's operation.

Removal power (section 41): A child protection officer may, without a warrant or court order, remove a child or young person from a situation where the officer reasonably believes the child is at immediate risk of harm and it is necessary to remove the child to protect them. The officer must take the child to a place of safety and notify the Chief Executive immediately.

Examination and assessment directions (sections 35-38): The Chief Executive may direct that a removed child be professionally examined or assessed (section 35). The Chief Executive may direct a parent, guardian, or other person to undergo drug and alcohol assessment (section 36) or parenting capacity assessment (section 36). Random drug and alcohol testing is compulsory for persons in specified categories (section 37). Refusal to comply: maximum penalty of imprisonment for 6 months.

Drug and alcohol testing: self-incrimination abrogated (section 37(6)): A person cannot refuse compliance with a random drug and alcohol testing requirement on self-incrimination grounds.

Chief Executive powers for children in care (section 84): The Chief Executive has all the powers of a guardian over children in their custody or guardianship.

Directions not to communicate (section 86): The Chief Executive may direct specified persons not to communicate with, be in the company of, harbour, or conceal a child in the Chief Executive's custody or guardianship.

Delegation (section 146): The Minister and Chief Executive may delegate powers and functions.

Information gathering (sections 150-155): Child protection officers may require persons to provide information or documents. The Chief Executive may require State authorities to provide reports. Information sharing between specified persons and bodies is authorised and in some cases required.

Mandatory reporting failure (section 31): Maximum penalty $10,000. This is a civil penalty, not imprisonment.

Failure to comply with drug/alcohol or parenting capacity assessment direction (section 36(3)): Imprisonment for 6 months.

Failure to comply with random drug/alcohol testing requirement (section 37(5)): Imprisonment for 6 months.

Failure to comply with rehabilitation program direction (section 38(2)): Imprisonment for 6 months.

Harbouring or concealing absent child (section 87): An offence. Penalties specified in the section.

Unlawful taking of child from care (section 88): An offence.

Non-compliance with court orders (section 61): The court may make orders to enforce its orders under Chapter 6.

Hindering or obstructing person in execution of duty (section 160): An offence.

Victimisation of reporters (section 165): Unlawful to subject a person to detriment because they have made a report or notification under the Act.

Confidentiality (section 164): Offence to disclose information in contravention of the Act's confidentiality provisions.

Reporting and response:

1. Mandated reporter forms reasonable suspicion in the course of employment.
2. Report made to Child Abuse Report Line (CARL) or equivalent as soon as reasonably practicable.
3. Chief Executive must cause assessment of the report.
4. Following assessment, Chief Executive takes at least one required action (investigate, alternative response, refer, or decline).

Removal:

1. Child protection officer removes child from immediate risk without warrant under section 41.
2. Chief Executive must be notified immediately.
3. Investigation under section 34 must be carried out within 24 hours of an instrument of guardianship being issued.

Court proceedings (Chapter 6):

1. Application lodged under section 49 (Chief Executive, child protection officer, police, or others with leave).
2. Application served on parties.
3. Hearing under sections 53-67 (court not bound by rules of evidence; standard of proof is balance of probabilities; onus on party objecting to show why order should not be made).
4. Court may make a range of orders including supervision orders, custody orders, and guardianship orders.

Long-term guardianship:

1. Approved carer who has cared for child for at least two years applies to Chief Executive to seek long-term guardianship order.
2. Long-term care plan prepared.
3. Chief Executive applies to court for long-term guardianship order.

Interstate transfers (Chapter 10): Two mechanisms: administrative transfer (consent-based) and judicial transfer (court-ordered).

Youth Court of South Australia and Magistrates Court: Have jurisdiction over applications for court orders under Chapter 6. The Youth Court generally hears matters involving children; the Magistrates Court may also have jurisdiction in certain circumstances.

Children and Young People (Safety) Regulations: Make further provision on assessment procedures, approved carer conditions, licensing requirements, mandatory reporter categories, and random drug testing schemes.

Working with Children (Risk Management and Screening) Act: This is a separate SA Act dealing with the screening of persons who work with children. The Children and Young People (Safety) Act complements but does not replace that scheme.

Children's Protection Act 1993 (repealed): The predecessor Act. The 2017 Act includes transitional provisions in the Schedule carrying forward orders, delegations, and procedures from the repealed Act.

South Australian Civil and Administrative Tribunal (SACAT): Has jurisdiction to review certain decisions of the Chief Executive under Chapter 12.

Family law: Section 6 addresses interaction with other Acts. The Act operates alongside the Family Law Act 1975 (Cth). Children in care may be subject to both federal family law orders and state child protection orders.

Mandatory reporting applies to suspicions formed "in the course of employment": The reporting obligation in section 31 is limited to suspicions formed during work. A mandated reporter who forms a suspicion of risk in a private capacity (e.g., as a parent or neighbour) has no mandatory reporting obligation under this Act in that capacity, though they may report voluntarily.

The "reasonably believes another person has already reported" exception (section 31(2)(a)): A mandated reporter need not report if they believe on reasonable grounds that another person has already reported. This is not a blanket excuse: the belief must be reasonable and specific to a particular report being made. Professionals should not assume a colleague has reported without a clear basis.

Standard of proof and onus in court proceedings (sections 58-59): The civil standard (balance of probabilities) applies. Critically, section 59 places the onus on the party objecting to the making of an order to prove why the order should not be made. This reverses the usual onus in civil proceedings and is designed to facilitate protective orders.

Organisations must review their child-safe policies at prescribed intervals (section 115): Initial policy adoption is not enough. Organisations must conduct periodic reviews and update their policies.

Forensic test results are inadmissible in other proceedings (section 39): Results from drug and alcohol assessments, random testing, and rehabilitation programs cannot be used as evidence against the person in any proceeding other than an application for a court order under this Act. They also cannot be used to ground a search warrant. This limitation is important for both the subjects of testing and for police.

Contact arrangements are made by the Chief Executive, not the court (section 93): In most cases, contact arrangements for children in care are the Chief Executive's administrative decision. Parents and others affected can seek review by the Contact Arrangements Review Panel (section 95), but this is not a court proceeding.

Mandatory reporting: A school counsellor speaks with a student who discloses bruising consistent with physical abuse at home. The counsellor suspects on reasonable grounds that the child is at risk. This suspicion was formed in the course of employment. The counsellor must report to CARL as soon as reasonably practicable. Failure to do so is an offence with a $10,000 penalty.

Drug and alcohol assessment direction: The Chief Executive receives a report that a parent is using methamphetamine and leaving young children unsupervised at home. Following investigation, the Chief Executive reasonably suspects the children are at risk due to the parent's drug use. The Chief Executive directs the parent in writing to undergo an approved drug and alcohol assessment. The parent refuses. They commit an offence and face up to six months' imprisonment.

Removal: A child protection officer attends the home of a family following reports of neglect. The officer finds a three-year-old alone, severely malnourished, and in immediate danger. The officer removes the child under section 41 without a warrant, takes the child to a place of safety, and immediately notifies the Chief Executive.

Court guardianship order: Following removal and investigation, the Chief Executive applies to the Youth Court for a guardianship order. The court holds a hearing. The standard of proof is the balance of probabilities; the burden is on any party opposing the order to show it should not be made. The court makes a guardianship order placing the child under the Minister's guardianship. This gives the Minister all parental rights and duties (section 68).

Child-safe organisation: A sporting club running junior programs is a prescribed organisation under Chapter 8. It must prepare a child-safe policy addressing how it ensures safe environments. It must also review and update that policy at prescribed intervals. Failure to have a policy or to review it is a contravention of the Act.