Part 13Miscellaneous

Chapter 13—Miscellaneous 160—Hindering or obstructing a person in execution of duty A person who hinders or obstructs the Chief Executive, a child protection officer or any other person in the performance of a function, or exercise of a power, under this Act is guilty of an offence. 161—Payment of money to Chief Executive on behalf of child or young person (1) The Chief Executive may receive money on behalf of a child or young person. (2) The Chief Executive must cause any money received on behalf of a child or young person— (a) to be held by the Public Trustee on behalf of the child or young person in accordance with the scheme set out in the regulations; or (b) to be deposited in an ADI account in the name of the child or young person. (3) Without limiting the regulations that may be made under subsection (2)(a), the regulations may make provisions relating to the transfer of money to the Public Trustee, interest payable on money held by the Public Trustee, and the application of money held by the Public Trustee, under this section. (5) Any money held on behalf of a child or young person pursuant to this section is payable to the child or young person on the Chief Executive ceasing to have any direct responsibility for the affairs of the child or young person. 162—Restrictions on publication of certain information (1) A person must not publish a report of a family group conference, or of any statement made or thing done at a family group conference. (a) in the case of a natural person—$50 000; or (2) Except as may be permitted under subsection (3), a person must not publish a report of proceedings before any court or tribunal in which a child or young person is alleged to be at risk or in need of care or protection if— (a) the court or tribunal prohibits publication of any report of the proceedings; or (b) the report— (i) identifies, or contains information tending to identify, the child or young person; or (ii) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any child or young person who is concerned in the proceedings, either as a party or a witness. (a) in the case of a natural person—$50 000; or (3) The court or tribunal before which proceedings referred to in subsection (2) are heard may, on such conditions as it thinks fit, permit the publication of information or images that would otherwise be suppressed from publication under subsection (2)(b). 163—Protection of identity of persons who report to or notify Department (1) A person who receives a report or notification that a child or young person may be at risk, or who otherwise becomes aware of the identity of a person who has made such a report or notification, must not disclose the identity of the person who made the report or notification to any other person unless the disclosure— (a) is made with the consent of the person who gave the notification; or (ab) is required or authorised by the Chief Executive or under this Act; or (b) is made by way of evidence adduced in accordance with subsections (2) and (3); or (c) is otherwise authorised by the regulations. (2) In proceedings before a court or tribunal— (a) evidence that directly or indirectly discloses the identity of a person who made a report or notification referred to in subsection (1) cannot be adduced without the permission of the court or tribunal; and (b) a party or witness must not, without the permission of the court or tribunal, be asked, nor required to answer, any question that cannot be answered without directly or indirectly disclosing the identity of a person who made a report or notification referred to in subsection (1). (3) A court or tribunal cannot grant permission under subsection (2) unless— (a) the court or tribunal is satisfied that the evidence is of critical importance in the proceedings and that failure to admit it would prejudice the proper administration of justice; or (b) the person who made the relevant report or notification consents to the admission of the evidence in the proceedings. (4) An application for permission under subsection (2)— (a) must not, except as authorised by the court or tribunal, be heard and determined in public; and (b) must be conducted in such a manner as to protect, so far as may be practicable, the identity of the person who made the relevant report or notification pending the determination of the application. 164—Confidentiality (1) Subject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions or exercising powers under this Act except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration or enforcement of this or any other Act; or (d) for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of children and young people; or (e) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or (f) if the disclosure is reasonably necessary for the protection of the lawful interests of that person. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) The regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act. 165—Victimisation (1) A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation. (2) However, causing detriment on the ground that a person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute an act of victimisation. (3) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort. (4) If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint. (5) In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation. (6) A person who personally commits an act of victimisation under this Act is guilty of an offence. (7) Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions. detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to a person's employment; or (d) threats of reprisal. 166—Protections, privileges and immunities (1) Nothing in this Act affects any rule or principle of law relating to— (a) legal professional privilege; or (b) "without prejudice" privilege; or (c) public interest immunity. (2) A person is excused from answering a question or producing a document or other material in connection with an inquiry if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. (3) A person who provides information or a document to an inquiry under this Act has the same protection, privileges and immunities as a witness in proceedings before the Supreme Court. (4) A person who does anything in accordance with this Act, or as required or authorised by or under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 166A—Limitation on tortious liability for acts of certain children and young people No 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— (a) is acting as the servant or agent of the Chief Executive or employee of the Department; and (b) is acting within the scope of such employment or authority. 167—Evidentiary provision (1) In proceedings for an offence against this Act, an allegation in an information— (a) that a working with children check relating to a specified person had, or had not, been conducted on a specified day or within a specified period; or (b) that a prohibition notice had, or had not, been issued to a specified person; or (c) that a specified person had, or had not, been issued with a specified unique identifier; or (d) that a specified person was, or was not, a child protection officer at a specified time; or (e) that a specified person was, or was not, an approved carer at a specified time; or (f) that specified premises were, or were not, a licensed children's residential facility, must be accepted as proved in the absence of evidence to the contrary. prohibition notice and unique identifier have the same meanings as in the Child Safety (Prohibited Persons) Act 2016. 168—Service Except where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may— (a) be given to the person personally; or (b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) be posted to the person at the person's last known place of residence or business; or (d) be transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or (e) if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act. 169—Review of Act (1) The Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister. (2) The review and the report must be completed after the fourth, but before the fifth, anniversary of the commencement of this Act. (3) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 169A—Independent inquiry into foster care and kinship care (1) The Minister must cause an independent inquiry into foster care and kinship care in the State to be conducted, and a report of the inquiry to be prepared, in accordance with this section. (2) Without limiting the matters that may be considered in the course of the inquiry, the inquiry— (a) must review existing complaints mechanisms in the Department as they relate to foster care and kinship care, including consideration of— (i) how such complaints are processed by the Department; and (ii) the independence of the complaints process; and (iii) outcomes and actions arising from such complaints; and (iv) the extent to which outcomes and feedback relating to such complaints are communicated to foster carers and kinship carers; and (b) must review the adequacy of existing consultation processes between the Department, other persons and bodies involved in foster care or kinship care, and foster carers and kinship carers; and (c) must review the transparency and availability of documentation and information held by the Department and other persons and bodies involved in foster care or kinship care to foster carers and kinship carers (including care concerns and manuals of practice); and (d) must consider the adequacy of internal procedures and arrangements within the Department and other persons and bodies involved in foster care or kinship care in ensuring that— (i) there is a sound partnership between the Department, those persons and bodies and foster carers and kinship carers; and (ii) the rights of children in foster care and kinship care (including their rights relating to safety, cultural identity, access to services and opportunities, autonomy and decision‑making) are respected, addressed and realised; and (e) may make such recommendations for changes to matters affecting foster care or kinship care that the inquiry considers necessary or appropriate to improve outcomes for children and young people in foster care or kinship care, as well as foster carers and kinship carers (including, for example, the need for an independent, legislatively protected complaints system, changes to compliance procedures within the Department and any legislative changes needed to enable the recommendations to be implemented). (3) The following provisions apply in relation to the inquiry: (a) the inquiry must be conducted by a person who is independent of the Department and not involved in the administration, operation or enforcement of this Act; (b) the inquiry must commence not later than 1 month after this section comes into operation; (c) the inquiry must seek submissions from foster carers and kinship carers, and must have regard to any submissions made to the inquiry by such persons; (d) the inquiry must be completed within 6 months after this section comes into operation. (4) On completing the inquiry, the person conducting the inquiry must cause a report of the inquiry to be prepared, and a copy of the report provided to the Minister. (5) The Minister must cause a copy of the report provided under subsection (4) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 170—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and (b) fees or charges in respect of any matter under this Act and their payment, recovery or waiver; and (c) fines, not exceeding $10 000, for offences against the regulations; and (d) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and (ca) make provisions of a saving or transitional nature consequent on the commencement of the Child Safety (Prohibited Persons) Act 2016; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Chief Executive or any other specified person or body; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body. (4) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. Legislative history Notes • 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 . Repeal of Act The Children and Young People (Safety) Act 2017 will be repealed by Sch 2 cl 47 of the Children and Young People (Safety and Support) Act 2025. Legislation repealed by principal Act The Children and Young People (Safety) Act 2017 repealed the following: Children's Protection Act 1993 Legislation amended by principal Act The Children and Young People (Safety) Act 2017 amended the following: Children's Protection Act 1993 Criminal Law Consolidation Act 1935 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Children and Young People (Safety) Act 2017 18.7.2017 26.2.2018 immediately after s 60 of 64/2017 except ss 17, 18, 21 to 58, 60, 61, 67 to 77, 84 to 95, 97 to 110, 111, 112A, 113 to 115, 120 to 144, 147 to 152, 161, 163 & Sch 1 Pt 2 (cll 2(b) to (e), 2A (as enacted by s 60 of 64/2017)), Pt 3 (cll 3, 4)—22.10.2018 (Gazette 19.12.2017 p5118 as varied by Gazette 13.2.2018 p731) Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 4 (s 34) & Pt 10 (ss 49 to 57, 59)—19.12.2017; Pt 4 (ss 22, 23, 26) & Pt 10 (s 60)—26.2.2018; Pt 4 (ss 24, 25, 27 to 33, 35 to 38) & Pt 10 (s 58)—22.10.2018 (Gazette 19.12.2017 p5119)  Children and Young People (Safety) (Miscellaneous) Amendment Act 2018 18.10.2018 Pt 2 (ss 4 to 14) & Sch 1 (cl 7)—22.10.2018 (Gazette 18.10.2018 p3821) Statutes Amendment (Recommendations of Independent Inquiry into Child Protection) Act 2021 13.5.2021 Pt 3 (s 5)—2.8.2021 (Gazette 22.7.2021 p2857) Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021 30.9.2021 Sch 1 (cl 1)—21.10.2021 (Gazette 21.10.2021 p3788) Children and Young People (Safety) (Inquiry into Foster and Kinship Care) Amendment Act 2021 Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023 23.2.2023 Pt 3 (s 6)—22.6.2023 (Gazette 15.6.2023 p1774) Public Holidays Act 2023 7.12.2023 Sch 1 (cl 6)—1.1.2024: s 2 Criminal Law Consolidation (Mental Competence) Amendment Act 2025 27.3.2025 Sch 1 (cl 1)—14.7.2025 (Gazette 5.6.2025 p1385) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Ch 1