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Children and Young People (Safety) Act 2017
Part 2Guiding principles for the purposes of this Act
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Chapter 2—Guiding principles for the purposes of this Act
Part 1—The importance to the State of children and young people
4—Parliamentary declaration
(1) The Parliament of South Australia recognises and acknowledges that—
(a) children and young people are valued citizens of the State; and
(b) the future of the State is inextricably bound to the wellbeing of all its children and young people; and
(c) it is of vital importance to the State, and all of its citizens, that all children and young people are given the opportunity to thrive.
(2) The Parliament of South Australia recognises that, as a State, we want each child and young person to benefit from (at least) the following outcomes:
(a) to be safe from harm;
(b) to do well at all levels of learning and to have skills for life;
(c) to enjoy a healthy lifestyle;
(d) to be active citizens who have a voice and influence,
and the Parliament of South Australia accordingly commits to promoting these outcomes.
(3) The Parliament of South Australia acknowledges that outcomes for Aboriginal and Torres Strait Islander children and young people in care have historically been poor, and that it is unacceptable for outcomes for those children and young people to be any different to those for children and young people in care generally.
(4) It is the intention of the Parliament of South Australia that the performance of functions in the administration and operation of this Act be done in collaboration with, and with the cooperation of, children and young people and their families rather than simply being done to or for them.
5—Duty to safeguard and promote the welfare of children and young people
The Parliament of South Australia recognises that—
(a) it is the duty of every person in the State to safeguard and promote the outcomes set out in section 4(2); and
(b) the provisions of this Act, and compliance with its provisions, form only a small part of the way in which the State, the agencies of the State, the Commonwealth and every citizen of the State discharge that duty.
6—Interaction with other Acts
(1) This Act is to work in conjunction with all of the laws of the State, and, in particular, the Child Safety (Prohibited Persons) Act 2016 and the Children and Young People (Oversight and Advocacy Bodies) Act 2016, to further and achieve the aims set out in this Chapter.
(2) This Act is in addition to, and does not derogate from, any other Act or law.
Part 2—Priorities in the operation of this Act
7—Safety of children and young people paramount
The paramount consideration in the administration, operation and enforcement of this Act must always be to ensure that children and young people are protected from harm.
8—Other needs of children and young people
(1) In addition to the paramount consideration set out in section 7, and without derogating from that section, the following needs of children and young people are also to be considered in the administration, operation and enforcement of this Act:
(a) the need to be heard and have their views considered;
(b) the need for love and attachment;
(c) the need for self-esteem;
(d) the need to achieve their full potential.
(2) To avoid doubt, the requirement under this section applies to the Court.
(3) Without derogating from any other provision of this Act, it is desirable that the connection of children and young people with their biological family be maintained.
9—Early intervention
Without limiting a provision of this or any other Act or law, State authorities whose functions and powers include matters relating to the safety and welfare of children and young people must have regard to the fact that early intervention in matters where children and young people may be at risk is a priority.