Part 12Reviews of decisions under Act

Chapter 12—Reviews of decisions under Act Part 1—Internal review 157—Internal review (1) A person who is aggrieved by a decision of the Chief Executive or a child protection officer under this Act is entitled to a review of the decision under this section. (2) An application for review— (b) must be made within 30 days after the day on which notice of the decision was given to the applicant (or such longer time as the Chief Executive may allow). (3) On an application for review under this section the Chief Executive may confirm, vary or reverse the decision under review. (4) The regulations may make further provision in respect of a review under this section (including, to avoid doubt, by limiting the kinds of decisions that may be the subject of an application or review). Part 2—Review of decisions by South Australian Civil and Administrative Tribunal 158—Review of decisions by South Australian Civil and Administrative Tribunal (1) Subject to this section, the South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of the following decisions (reviewable decisions): (a) a decision of the Chief Executive under Chapter 7 (other than a decision under Part 4 of that Chapter); (b) any other decision under this Act declared by the regulations to be a reviewable decision. (2) However— (a) a decision referred to in subsection (1) that comprises a prescribed child protection complaint (within the meaning of section 28A of the Health and Community Services Complaints Act 2004) will be taken not to be a reviewable decision; and (b) a decision referred to in subsection (1) will only be taken to be a reviewable decision if a review under section 157 has been conducted in respect of the decision. (3) An application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal by— (a) in the case of a decision under section 72, 99 or 105—the applicant in relation to the relevant decision; or (b) in the case of a decision under section 74, 100 or 106—the person, foster care agency or children's residential facility to which the relevant decision relates (as the case requires); or (c) in the case of any other decision—a person or persons prescribed by the regulations for the purposes of this paragraph. (4) An application must be made within 28 days after the applicant receives notice of the results of the relevant review under section 157 (or such longer period as the Tribunal may allow). (5) However, the South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (4) if satisfied that— (a) special circumstances exist; and (b) another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings. 159—Views of child or young person may be heard (1) In any proceedings under this Part, a child or young person to whom the proceedings relate must be given a reasonable opportunity to personally present to the South Australian Civil and Administrative Tribunal their views related to their ongoing care and protection. (2) However, subsection (1) does not apply if the South Australian Civil and Administrative Tribunal is satisfied that— (a) the child or young person is not capable of doing so; or (b) to do so would not be in the best interests of the child or young person. (3) Subsection (1) applies whether or not the child or young person is represented by a legal practitioner in the proceedings.