Children and Young People (Safety and Support) Act 2025

Part 1—Preliminary 1—Short title This Act may be cited as the Children and Young People (Safety and Support) Act 2025. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act or a provision of this Act. 3—Interpretation (1) In this Act— Aboriginal and Torres Strait Islander family‑led decision making, in relation to Aboriginal and Torres Strait Islander children and young people—see section 51; Aboriginal person means a person who— (a) is of Aboriginal descent; and (b) regards themselves as Aboriginal (or, in the case of a child or young person, is regarded as Aboriginal by a member of their family or community); and (c) is accepted as Aboriginal by the relevant Aboriginal community; See also section 48. active efforts, principle of active efforts or standard of active efforts—see section 12; administrative unit has the same meaning as in the Public Sector Act 2009; approved carer means— (a) a person who is the subject of an approval under section 151 that is in force; or (b) any other person, or person of a class, prescribed by the regulations; assessment order means an assessment order under section 115; at risk of harm and at risk of significant harm—see section 5; best interests or best interests principle—see section 11; case plan, in relation to a child or young person, means a case plan prepared under section 133, as in force from time to time; Charter of Rights for Children and Young People in Care or Charter means the Charter of Rights for Children and Young People in Care prepared under section 15, as in force from time to time; Chief Executive means the Chief Executive of the Department; Child and Young Person's Visitor means the Child and Young Person's Visitor established under section 35; child or young person means a person who is under 18 years of age; child protection officer—see section 31; Commissioner for Aboriginal Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016; Commissioner for Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016; Complaints and Feedback Management Guidelines means the Complaints and Feedback Management Guidelines published by the Chief Executive under section 30; contact arrangements means contact arrangements determined under Part 12 Division 3, as in force from time to time; Contact Arrangements Review Panel means the Contact Arrangements Review Panel established by the Minister under section 144; Court means the Youth Court of South Australia; cumulative harm means harm that arises from repeated or persistent instances of abuse, neglect or other forms of maltreatment, or by an accumulation of multiple different experiences of abuse, neglect or other forms of maltreatment; delegated decision maker, for an Aboriginal or Torres Strait Islander child or young person, means a recognised Aboriginal or Torres Strait Islander entity to whom the Chief Executive has delegated functions under section 54 in respect of the child or young person; Department means the administrative unit of the Public Service specified by the Minister by notice in the Gazette for the purposes of this definition; effective intervention or principle of effective intervention—see section 13; family— (a) in relation to any child or young person—includes— (i) the child or young person's extended family; and (ii) members of the child or young person's family who are not biologically related to the child or young person; and (b) in relation to an Aboriginal or Torres Strait Islander child or young person—includes any person regarded as a member of the family of the child or young person in accordance with Aboriginal or Torres Strait Islander concepts of family, including extended family structures and kinship systems based on practice and custom; family group conference means a family group conference convened— (a) by the Chief Executive under section 98; or (b) by the Court under section 114; Family Group Conference Guidelines means the Family Group Conference Guidelines published by the Chief Executive under section 97; guardian, of a child or young person, means the guardian or guardians of the child or young person pursuant to an order of the Court under this Act; Guardian for Children and Young People has the same meaning as in the Children and Young People (Oversight and Advocacy Bodies) Act 2016; harm—see section 4; in care—a child or young person is in care if they are in the custody, or under the guardianship, of the Chief Executive or another person (not being a parent of the child or young person) under this Act or a repealed Act (other than where a child or young person is under the guardianship of a person in accordance with a specified person guardianship order or a corresponding order under a repealed Act); instrument of guardianship means an instrument of guardianship issued under section 91; interagency practice review panel, in respect of an adverse incident, means an interagency practice review panel established under Part 18 to review and report on the adverse incident; leaving care plan for a child or young person—see section 173; legal practitioner has the same meaning as in the Legal Practitioners Act 1981; licensed children's residential facility means a children's residential facility in respect of which a licence is in force under section 164; licensed foster care agency means a foster care agency carried on pursuant to a licence that is in force under section 158; parent, of a child or young person, includes— (a) a step‑parent of the child or young person; and (b) a person who stands in loco parentis to the child or young person and has done so for a significant length of time; placement agency, in relation to a child or young person, means— (a) if the child or young person was, or is to be, placed with an approved carer by a licensed foster care agency—the licensed foster care agency; or (b) if the child or young person was, or is to be, placed with an approved carer other than by a licensed foster care agency—the Chief Executive; quality of care report means a report of a suspicion that— (a) a child or young person has suffered harm or is at risk of suffering harm; and (b) the child or young person was in care at the time of the suspected harm or risk of harm; and (c) the person alleged to have caused the suspected harm or risk of harm was— (i) an approved carer, or an adult person residing in the home of an approved carer; or (ii) a person with whom a child or young person is placed under section 135; or (iii) a person employed in a licensed children’s residential facility or a State residential care facility; or (iv) an employee or volunteer of the Department providing direct care to the child or young person; or (v) any other person, or person of a class, prescribed by the regulations; Quality of Care Report Guidelines—see section 29; recognised Aboriginal or Torres Strait Islander entity means an Aboriginal or Torres Strait Islander entity recognised under section 53; recognised peak body, in relation to a particular section of the community, means an entity from time to time recognised as the recognised peak body for that section of the community under section 38; repealed Act means the Children and Young People (Safety) Act 2017 or the Children's Protection Act 1993; restraining notice means a restraining notice issued under section 92; reunification or reunified, in relation to a child or young person, means reunification of the child or young person and a parent or parents of the child or young person; significant harm—see section 4; specified person guardianship order means— (a) an order made by the Court under section 116(1)(h); or (b) an order made by the Court under section 128; State authority means— (a) a person who holds an office established by an Act; or (b) a public sector agency (within the meaning of the Public Sector Act 2009); or (c) South Australia Police; or (d) a local council; or (e) any incorporated or unincorporated body— (i) established for a public purpose by an Act; or (ii) established for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or (iii) established, or subject to control or direction, by the Governor, a Minister of the Crown or any instrumentality or agency of the Crown or a local council (whether or not established by or under an Act or an enactment); or (f) any other person or body, or person or body of a class, prescribed by the regulations, but does not include a person or body prescribed by the regulations to be excluded from the ambit of this definition; State care placement, in relation to a child or young person, means the placement of the child or young person with a person, or in a place, by the Chief Executive under Part 12 Division 1; Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System means the Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System prepared under section 17, as in force from time to time; Statement of Commitment to Foster and Kinship Carers means the Statement of Commitment to Foster and Kinship Carers prepared under section 19, as in force from time to time; Statement of Commitment to Parents and Families means the Statement of Commitment to Parents and Families prepared under section 18, as in force from time to time; State residential care facility means a residential care facility established by the Minister under section 167, a repealed Act or the Family and Community Services Act 1972; State Strategy for the Safety and Support of Children and Young People or State Strategy means the State Strategy for the Safety and Support of Children and Young People prepared under Part 5, as in force from time to time; Torres Strait Islander person means a person who— (a) is of Torres Strait Islander descent; and (b) regards themselves as Torres Strait Islander (or, in the case of a child or young person, is regarded as Torres Strait Islander by a member of their family or community); and (c) is accepted as Torres Strait Islander by the relevant Torres Strait Islander community; See also section 48. working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016. (2) For the purposes of this Act, a reference to the Chief Executive in their capacity as guardian of a child or young person will be taken to be a reference to the person for the time being holding or acting in the office of Chief Executive. (3) For the purposes of this Act, a reference to the Chief Executive of a State authority will be taken to include a reference to the person for the time being holding or acting in the office of Chief Executive, or any other person who is responsible for the management of the State authority (however described). (4) For the purposes of this Act, a reference to a foster care agency will be taken not to include a reference to the Chief Executive. (5) For the purposes of this Act, a reference to a person being found guilty of an offence will be taken to include a reference to— (a) a finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of an offence are established (whether or not the person was found not guilty of the offence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or (b) any finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a). (6) For the purposes of this Act, a reference to a child or young person being removed will be taken to include a reference to a custody notice being issued in relation to the child or young person under section 87. (7) For the purposes of this Act, a reference to care being residential in nature, or being provided on a residential basis, will be taken to include a reference to such care provided to a child or young person for a limited period only. 4—Meaning of harm and significant harm (1) For the purposes of this Act, a reference to harm will be taken to be a reference to physical harm or psychological harm (whether caused by an act or omission) and, without limiting the generality of this subsection, includes such harm caused by sexual, physical, mental or emotional abuse or neglect or exposure to domestic violence. (2) For the purposes of this Act, a reference to significant harm will be taken to be a reference to the following kinds of harm: (a) harm that endangers a child or young person's life; (b) harm that consists of, or results in, serious impairment of the physical or psychological wellbeing of a child or young person; (c) harm that results in, or is reasonably likely to result in, a significant adverse impact on the safety or wellbeing of a child or young person. psychological harm does not include emotional reactions such as distress, grief, fear or anger that are a response to the ordinary vicissitudes of life. 5—Meaning of at risk of harm and at risk of significant harm (1) For the purposes of this Act, a child or young person will be taken to be at risk of harm if— (a) the child or young person has suffered harm (being harm of a kind against which a child or young person is ordinarily protected); or (b) there is a likelihood that the child or young person will suffer harm (being harm of a kind against which a child or young person is ordinarily protected). (2) For the purposes of this Act, a child or young person will be taken to be at risk of significant harm if— (a) the child or young person has suffered significant harm (being significant harm of a kind against which a child or young person is ordinarily protected); or (b) there is a likelihood that the child or young person will suffer significant harm (being significant harm of a kind against which a child or young person is ordinarily protected); or (c) there is a likelihood that the child or young person will be removed from the State (whether by their parent or guardian or by some other person) for the purpose of— (i) being subjected to female genital mutilation or any other medical or other procedure that would be unlawful if performed in this State; or (ii) taking part in a marriage ceremony (however described) that would be a void marriage, or would otherwise be an invalid marriage, under the Marriage Act 1961 of the Commonwealth; or (iii) enabling the child or young person to take part in an activity, or an action to be taken in respect of the child or young person, that would, if it occurred in this State, constitute an offence against the Criminal Law Consolidation Act 1935 or the Criminal Code of the Commonwealth; or (d) the parents or guardians of the child or young person— (i) are unable to care for the child or young person; or (ii) have abandoned the child or young person, or cannot, after reasonable inquiry, be found; or (iii) are dead; or (e) any other circumstances of a kind prescribed by the regulations exist in relation to the child or young person. (3) To avoid doubt, a child or young person will not be taken to be at risk of harm merely because a parent or guardian of the child or young person has a disability. (4) It is immaterial for the purposes of this Act that any harm or other conduct contemplated by this section took place wholly or partly outside this State. (5) In determining whether a child or young person is likely to suffer harm or significant harm (as the case may be), regard must be had to not only the current circumstances of the child or young person, but also the impact that cumulative harm is likely to have on the child or young person. female genital mutilation means— (a) clitoridectomy; or (b) excision of any other part of the female genital organs; or (c) a procedure to narrow or close the vaginal opening; or (d) any other mutilation of the female genital organs, but does not include a sexual reassignment procedure or a medical procedure that has a genuine therapeutic purpose; sexual reassignment procedure means a surgical procedure to give a female, or a person whose sex is ambivalent, genital characteristics, or ostensible genital characteristics, of a male. (7) A medical procedure has a genuine therapeutic purpose only if directed at curing or alleviating a physiological disability or physical abnormality. 6—Act to bind, and impose criminal liability on, the Crown (1) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) The Crown is liable for an offence against this Act. (3) If the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate. 7—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 guiding principles and related matters set out in Part 2. (2) This Act is in addition to, and does not derogate from, any other Act or law.

Part 2—Guiding principles and related matters 8—Requirement to give effect to this Part and Part 4 Division 3 (1) Each person or body engaged in the administration, operation or enforcement of this Act (including, to avoid doubt, the Court and a delegated decision maker) must perform their functions so as to give effect to and further the guiding principles and related matters set out in— (a) this Part; and (b) in the case of a function relating to an Aboriginal or Torres Strait Islander child or young person—Part 4 Division 3. See also section 45(2). (2) However, a failure to comply with subsection (1) does not, of itself, affect the validity of an act or omission under this Act.

Division 2—Parliamentary recognition of children and young people 9—Parliamentary recognition of children and young people (1) The Parliament of South Australia recognises 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 full sense of wellbeing; (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 recognises that children and young people can reasonably expect to be loved by their families and treated with respect and dignity by those with whom they interact. (4) 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 subsection (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. (5) The Parliament of South Australia recognises that the provision of services to children and young people and their families that address the underlying risk factors that contribute to child abuse and neglect are critical in preventing children and young people from being in care. (6) The Parliament of South Australia recognises— (a) the impact of laws and policies of past governments that led to the Stolen Generations (being the removal of Aboriginal and Torres Strait Islander children and young people from their families and communities) and that such laws and policies continue to have a strong impact on Aboriginal and Torres Strait Islander communities today; and (b) that the State has a responsibility to implement measures to safeguard and promote the cultural identity of Aboriginal and Torres Strait Islander children and young people and enable Aboriginal and Torres Strait Islander self-determination by ensuring connections to family, community, culture and Country are maintained at the highest level, and that decisions are made in partnership with Aboriginal and Torres Strait Islander children and young people and their families and communities. (7) 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. (8) The Parliament of South Australia recognises the UN Convention on the Rights of the Child and the UN Declaration on the Rights of Indigenous Peoples as documents that inform the administration and operation of this Act.

Division 3—Guiding principles 10—Safety principle It is a principle of this Act (the safety principle) that children and young people are to be kept safe and protected from harm (and, despite any other provision of this Act, the safety of the child or young person must always be the priority in determining whether or not to remove a child or young person under section 87(1)). 11—Best interests principle (1) It is a principle of this Act (the best interests principle) that the best interests of each child and young person are to be upheld and effected in all decision making under this Act (and a reference in this Act to a particular decision being in the best interests of a child or young person will be taken to be a reference to the decision being made in accordance with the best interests principle). (2) In determining whether a decision or action is in the best interests of a child or young person, the need to keep them safe from harm and the risk of harm, to protect their rights and to promote their development (taking into account their age and stage of development) must always be considered. (3) In addition to subsections (1) and (2), in determining what decision to make or action to take in the best interests of a child or young person, consideration must be given to the following, where they are relevant to the decision or action: (a) the need to support the child or young person's family to ensure the child or young person's safety and wellbeing within their family and community; (b) the desirability of the child or young person's family having primary responsibility for the child or young person's upbringing, protection and development; (c) the emotional, social and psychological needs of the child or young person, including— (i) the need to be heard and have their views considered; and (ii) the need for love and attachment; and (iii) the need for the child or young person to be given the opportunity to achieve their full potential; (d) the need to strengthen, preserve and promote positive relationships between the child or young person and their parents, family members and other persons significant to them; (e) if the child or young person is able to form their own views on a matter concerning their care—the need to support them to express those views freely in accordance with the developmental capacity of the child or young person and the circumstances, and for those views to be given due weight; (f) the effects of cumulative harm on the child or young person's safety and development; (g) the desirability of continuity and permanency in the child or young person's care; (h) the desirability of making decisions as expeditiously as possible and the possible harmful effect of delay in making a decision or taking an action; (i) a child or young person is only to be removed from the care of their parents in accordance with section 87 or an order of the Court; (j) if the child or young person is removed from the care of a person—the need to place the child or young person in a safe, nurturing, stable and secure environment; (k) the desirability, when a child or young person is removed from the care of their parent, to assess the reunification of the child or young person with their parent; (l) contact arrangements between the child or young person and their parents, siblings, family members and other persons significant to them; (m) in respect of case planning for the child or young person— (i) the desirability of placing, so far as may be appropriate, the child or young person with the following persons in the following order: (A) a person who is a member of the child or young person's family (including the child or young person's siblings); (B) a person with whom the child or young person has an existing relationship; (C) a person who is willing and able to encourage and support the child or young person to develop and maintain contact with the child or young person's parents, siblings and other family members, and with other people who are significant to the child or young person (subject to any decisions made under this Act in relation to such contact); and (ii) the desirability of siblings being placed together when they are placed in care; and (iii) the desirability of connection between the child or young person and their family being maintained; (n) if the child or young person has been removed from their parents or family—the need to ensure that they have the ability to know, explore and maintain their identity and values, including those relating to their culture, language or religion; (o) if the child or young person has a disability—the need to ensure that the child or young person is treated in a way that preserves their identity and respects their developing capacity; (p) if a child or young person with a particular cultural identity is placed in care with a person who is not a member of that cultural community—the desirability of the child or young person retaining a connection with their culture; (q) the desirability of using family group conferences to make informed decisions as to the arrangements for the care of the child or young person; (r) the desirability of a child or young person being supported to gain access to appropriate educational services, health services and accommodation and to participate in appropriate social opportunities; (s) the desirability of allowing the education, training or employment of the child or young person to continue without interruption or disturbance; (t) any other relevant consideration. (4) In considering what is in the best interests of a particular Aboriginal or Torres Strait Islander child or young person, regard should also be given to the matters set out in section 52. 12—Principle of active efforts and standard of active efforts (1) Each person or body involved in the operation and administration of this Act must act in accordance with the principle of active efforts in performing functions under this Act. (2) For the purposes of this Act, the principle set out in this section constitutes the principle of active efforts (and a reference to a person or body making active efforts will be taken to be a reference to the person or body acting in accordance with that principle). (3) Under the principle of active efforts, active efforts must— (a) be timely; and (b) be practicable, thorough and purposeful; and (c) address the grounds on which a child or young person is considered to be at risk of harm; and (d) conducted, to the greatest extent possible, in partnership with the child or young person and the family, kin and community of the child or young person; and (e) be culturally appropriate; and (f) comply with any other requirements prescribed by the regulations. (4) Without limiting a preceding subsection, active efforts include— (a) assisting with access to support services and other resources; and (b) if appropriate services or resources do not exist or are not available—considering alternative ways of addressing the relevant needs of the child or young person and their family, kin or community; and (c) activities directed at finding and contacting the family, kin and community of the child or young person. (5) The requirements under this section do not limit any other ways in which active efforts can be made when making a decision under this Act. (6) For the purposes of this Act, a reference to something being done to the standard of active efforts will be taken to be a reference to it being done in a way that accords with the principle of active efforts. 13—Principle of effective intervention It is a principle of this Act (the principle of effective intervention) that decisions made, actions taken and support offered under this Act relating to a particular child or young person should be timely, direct and fit for purpose given the circumstances of the child or young person.

Division 4—Voices of children and young people to be heard 14—Voices of children and young people to be heard (1) Subject to this Act, each person or body involved in the operation and administration of this Act must take reasonable steps to ensure that— (a) the voice of a child or young person is heard in the course of making a prescribed decision that affects the child or young person; and (b) the child or young person is provided with such information or documents (being information or documents in the possession of the person or body) as may be reasonably necessary to inform the child or young person's views in relation to the prescribed decision. (2) Without otherwise limiting subsection (1), a person or body referred to in that subsection must— (a) offer the child or young person a reasonable opportunity to present their views in person to the decision maker; and (b) if the child or young person wishes to present their views in person, take reasonable steps to facilitate that prior to the prescribed decision being made. (3) The requirements set out in subsection (1) do not apply to the Court or SACAT. See sections 111 and 204 for provisions about voices of children and young people being heard in Court and SACAT proceedings. (4) Without limiting the ways in which the voice of a child or young person may be heard, a child or young person's views may be presented— (a) in the absence of any particular person; or (b) with the accompaniment of a support person nominated by the child or young person; or (c) in person, in writing or by audio or audiovisual recording. (5) However, a person or body need not comply with this section if the person or body determines that the developmental capacity of the child or young person is such that compliance with this section would be inappropriate. (6) This section applies whether or not the child or young person is represented by a legal practitioner. (7) Nothing in this section requires a child or young person to participate in a particular decision if they express a desire to not do so. prescribed decision that affects a child or young person, means— (a) a decision relating to, or made at, a family group conference relating to the arrangements for the care of the child or young person; or (b) a decision relating to the preparation or review of a case plan for the child or young person under section 133; or (c) a decision relating to the placement of the child or young person with an approved carer or other person under Part 12 Division 1; or (d) a decision relating to the contact arrangements for the child or young person under Part 12 Division 3; or (e) a decision relating to a review of the child or young person's circumstances under section 146; or (f) a decision relating to the preparation of a leaving care plan for the child or young person under section 173; or (g) a decision relating to an internal review under section 202; or (h) any other decision, or a decision of a class, prescribed by the regulations.

Division 5—Charter of Rights for Children and Young People in Care 15—Charter of Rights for Children and Young People in Care (1) The Guardian for Children and Young People must prepare and maintain a Charter of Rights for Children and Young People in Care. (2) The Guardian for Children and Young People must review the Charter at least every 5 years. (3) In preparing, altering or reviewing the Charter, the Guardian for Children and Young People must invite submissions from, and consult with, to such extent as may be reasonable, interested persons (including persons who are, or have been, in the custody, or under the guardianship, of the Minister or the Chief Executive) with a view to obtaining a wide range of views in relation to the matters under consideration. (4) The Guardian for Children and Young People must submit the Charter to the Minister for approval. (5) The Minister may, on receiving the Charter for approval and after consultation with the Guardian for Children and Young People, require an alteration to the Charter before approval (however, such alteration must be consistent with Part 2). (6) The Minister must, within 30 days after receiving the Charter, or the Charter as altered, (whichever is the later) approve the Charter. (7) The Charter has effect from the day on which it is approved by the Minister. (8) The Minister must cause the Charter to be published on a website determined by the Minister. (9) The Minister must, within 6 sitting days after approving the Charter, cause a copy of the Charter to be laid before both Houses of Parliament. (10) Each person or body engaged in the administration, operation or enforcement of a relevant law (other than the Court or SACAT) must perform their functions so as to give effect to the Charter. (11) However, the Charter does not create legally enforceable rights or entitlements. (12) In this section— relevant law means— (a) this Act; and (b) any Act relating to the detention of a youth in a training centre; and (c) any other Act prescribed by the regulations. 16—Chief Executive must provide copy of Charter etc to children and young people in care (1) The Chief Executive must, as soon as is reasonably practicable after a child or young person is placed in the custody, or under the guardianship, of the Chief Executive under this Act, provide to the child or young person— (a) a copy of the Charter; and (b) an explanation of the content and effect of the Charter; and (c) information about, and the contact details of, the Guardian for Children and Young People. (2) If a child or young person is unlikely to understand the information and documents referred to in subsection (1) (whether by reason of cognitive or physical disabilities, language differences or difficulties, literacy challenges or otherwise), the Chief Executive must make such alternative arrangements as may be necessary to ensure that the information is, if it is reasonably practicable to do so, communicated to the child or young person in a way they are capable of understanding. (3) However, the Chief Executive need not comply with this section if the Chief Executive is of the opinion that the child or young person is not reasonably capable of understanding the information referred to in subsection (1).

Division 6—Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System 17—Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System (1) The Minister must prepare and maintain a Statement of Commitment to Children and Young People in Contact with Child Protection and Family Support System. (a) invite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and (5) The Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament. (6) Each person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.

Division 7—Statement of Commitment to Parents and Families 18—Statement of Commitment to Parents and Families (1) The Minister must prepare and maintain a Statement of Commitment to Parents and Families. (a) invite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and (5) The Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament. (6) Each person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.

Division 8—Statement of Commitment to Foster and Kinship Carers 19—Statement of Commitment to Foster and Kinship Carers (1) The Minister must prepare and maintain a Statement of Commitment to Foster and Kinship Carers. (a) invite submissions from, and consult with, the persons or bodies (if any) prescribed by the regulations (and may consult with any other person or body the Minister considers appropriate); and (5) The Minister must, within 6 sitting days after approving the Statement, cause a copy of the Statement to be laid before both Houses of Parliament. (6) Each person or body engaged in the administration, operation or enforcement of this Act (other than the Court or SACAT) must perform their functions so as to give effect to the Statement.

Part 3—Administration

Division 1—Minister 20—Functions of Minister (1) The functions of the Minister under this Act include— (a) promoting a partnership approach between the Government, local councils, non‑government agencies, families and carers; and (b) promoting and assisting in the development of coordinated strategies for effective intervention in cases where children and young people may be at risk of harm; and (c) promoting and assisting in the development of coordinated strategies and policies to give effect to the State Strategy; and (d) promoting, supporting and adequately resourcing evidence based programs delivering preventative and support services directed towards strengthening and supporting families, reducing the incidence of child abuse and neglect and maximising the wellbeing of children and young people; and (e) promoting, encouraging or undertaking research into matters affecting children and young people; and (f) generally taking such other actions as the Minister believes will promote the safety and wellbeing of children and young people. (2) Without limiting this section, the Minister has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4: (a) working in partnership with and providing support to Aboriginal and Torres Strait Islander communities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making under this Act; (b) collaborating with and assisting Aboriginal and Torres Strait Islander communities to develop and implement strategies to ensure that Aboriginal and Torres Strait Islander children and young people are, so far as is reasonably practicable, protected from harm; (c) such other functions as may be prescribed by the regulations. (3) Without limiting a provision of any other Act or law, the Minister must, in relation to the administration, operation and enforcement of this Act— (a) ensure that education relating to the operation of section 76 is made available to persons who are required under that section to report a suspicion that a child or young person is, or may be, at risk of significant harm; and (b) promote and support the provision of courses of instruction relating to the prevention of child abuse and neglect by tertiary institutions in this State; and (c) collect and publish statistical data in relation to the protection of children and young people in this State. (4) Without limiting a preceding subsection, the Minister must also ensure that— (a) the services referred to in subsection (1)(d) are offered to children and young people and their families; and (b) genuine efforts are made to encourage children and young people and their families to avail themselves of those services. 21—Minister may direct Chief Executives of certain State authorities to meet to discuss interagency approach (1) The Minister may, after consultation with the Ministers responsible for the relevant prescribed State authorities and in accordance with any requirements set out in the regulations, from time to time direct the Chief Executives of 2 or more prescribed State authorities to meet for the purpose of discussing an interagency response to prevent harm from being caused to a specified child or young person, or to children and young people of a specified class. (2) A meeting required under this section— (a) is to be conducted in a timely manner; and (b) is to be chaired by the Chief Executive specified by the Minister; and (c) must consider any matters specified by the Minister. (3) For the purposes of this section, a reference to a child or young person will be taken to include a reference to a care leaver. (4) In this section— care leaver means a person who— (a) is under 25 years of age; and (b) has, at any point, been in care under this Act or a repealed Act; and (c) is leaving, or has left, such care; prescribed State authority means— (a) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and (b) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and (c) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and (d) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and (e) any other State authority prescribed by the regulations for the purposes of this paragraph. 22—Minister may enter agreements for provision of services to children and young people and their families (1) The Minister may, in accordance with any requirements set out in the regulations, enter into agreements for the provision or promotion of services to children and young people and their families. (2) The Minister may enter into such an agreement with— (a) a person with appropriate experience, qualifications or expertise in the provision or promotion of the services; or (b) a body established for the purpose of providing or promoting services to children and young people and their families that employs staff with appropriate experience, qualifications or expertise in the provision or promotion of the services; or (c) a local council. 23—Minister may establish programs for children and young people and their families The Minister may, in accordance with any requirements set out in the regulations, establish— (a) such programs as the Minister thinks necessary or desirable for children and young people who are at risk of harm, and their families; and (b) such other programs for the care, support, assistance or wellbeing of children and young people and their families as the Minister thinks fit. 24—Powers of delegation (1) The Minister may delegate a function (other than a prescribed function) under this or any other Act to a specified person or body (including a person for the time being holding or acting in a specified office or position, or a person or body located in another State or Territory of the Commonwealth). (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated. 25—Minister's annual report (1) In addition to any other reporting obligations of the Minister under this Act or any other Act, the Minister must, not later than 30 September in each year, prepare a report in respect of the financial year ending on the preceding 30 June (the reporting year) including the following parts: (a) a part setting out the role of the Minister, and the extent to which the Minister has performed the Minister's functions, in respect of the operation of this Act during the reporting year; (b) a part setting out the following information relating to the provision of family support services and intensive family support services to children and young people who are at risk of harm and their families: (i) the extent to which such services were provided by, or on behalf of, the State (including statistical data relating to the number of times such services were provided) during the financial year ending on the preceding 30 June; (ii) the amount of resources allocated for the provision of such services by or on behalf of the State— (A) during the financial year ending on the preceding 30 June; and (B) during the current financial year; (iii) the extent to which the allocated resources were, in fact, spent on the provision of such services during the financial year ending on the preceding 30 June; (iv) bench‑marking the resources referred to in subparagraph (ii) and (iii) against those allocated and spent by other States and Territories in the provision of such services during the financial year ending on the preceding 30 June; (c) a part setting out the number of directions given by the Minister during the reporting year under section 21; (d) a part setting out the operation of Part 4 during the reporting year, which— (i) must, in accordance with any requirements set out in the regulations, be prepared in consultation with Aboriginal and Torres Strait Islander persons or bodies; (ii) must include the information required by the regulations; (e) a part setting out, in relation to the reporting year— (i) the number of family group conferences convened by the Chief Executive under the Act (including information identifying how many of the family group conferences related to Aboriginal and Torres Strait Islander children and young people); and (ii) any other information required by the regulations; (f) any other part required by the regulations. (2) The Minister must, as soon as is reasonably practicable after preparing a report under this section, cause a copy of the report to be published on a website determined by the Minister. (3) The Minister must, within 6 sitting days after preparing a report under this section, cause a copy of the report to be laid before both Houses of Parliament. Division 2—Chief Executive 26—Functions of Chief Executive (1) The functions of the Chief Executive under this Act include— (a) developing codes of conduct and principles for caring for, or working with, children and young people; and (b) providing guidance on matters relating to keeping children and young people safe and protected from harm, including— (i) appropriate standards of conduct for adults in dealing with children and young people; and (ii) how to deal with cases involving children and young people who are suspected of being harmed; and (c) defining appropriate standards of care for ensuring the safety and wellbeing of children and young people in care; and (d) disseminating information about ways in which children and young people may be at risk of harm so that such cases are more readily recognised and more promptly dealt with; and (e) ensuring, as far as practicable, that procedures for making complaints relating to children and young people in care are accessible and responsive to the needs of such children and young people; and (f) developing channels of communication and information sharing between the Department, State authorities, children and young people and their families; and (g) contributing to public discourse on issues relating to the protection of children and young people as part of a wider engagement to promote the message that the protection of children and young people is everyone's responsibility; and (h) providing and overseeing the training and ongoing education of child protection officers; and (i) developing policies and procedures governing the exercise of powers under this Act; and (j) developing policies, procedures and strategies that give effect to the State Strategy; and (k) monitoring the operation of this Act as it relates to the provision of safe environments for children and young people (including by monitoring progress in the government and non‑government sectors towards achieving that goal) and reporting regularly to the Minister on that subject; and (l) promoting partnership between the Government, local councils, non‑government agencies, communities and families to holistically address the problem of harm being caused to children and young people; and (m) promoting partnership between the Government and people who care for children or young people under this Act in recognition of the integral part played by such people in caring for children and young people; and (n) encouraging cooperation between State authorities with functions relating to the protection of children and young people or the provision of services to children and young people and their families to ensure that children and young people at risk of harm receive as much support as possible; and (o) any other function conferred on the Chief Executive under this Act or any other Act or by the Minister. (2) Without limiting subsection (1), the Chief Executive has the following additional functions in relation to Aboriginal and Torres Strait Islander children and young people and the operation of Part 4: (a) working in partnership with recognised Aboriginal and Torres Strait Islander entities to build capacity to facilitate delegated decision making and Aboriginal and Torres Strait Islander family‑led decision making in relation to Aboriginal and Torres Strait Islander children and young people; (b) such other functions as may be prescribed by the regulations. 27—Powers of delegation (1) The Chief Executive may delegate a function (other than a prescribed function) under this or any other Act to a specified person or body (including a person for the time being holding or acting in a specified office or position, or a person or body located in another State or Territory). (d) is revocable at will. (3) Subject to this Act, a function delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) Nothing in this section limits any other power of delegation the Chief Executive may have under this Act or any other Act. 28—Chief Executive's annual report (1) The Chief Executive must, not later than 30 September in each year, submit to the Minister a report in respect of the financial year ending on the preceding 30 June (the reporting year) setting out— (a) the following information relating to case workers and children and young people in care: (i) whether a case worker has been allocated to each child and young person in care during the reporting year; (ii) whether each child and young person in care has had face to face contact with their allocated case worker at least once in each month during the reporting year, and, if not, the extent to which those targets have been achieved; and (b) whether each child or young person under the guardianship of the Chief Executive until they attain 18 years of age had, during the reporting year, a documented case plan and, if not, the extent to which that target has been achieved; and (c) the emergence of any recurring themes in the matters referred to in a preceding paragraph; and (d) the number, and general nature, of placements of children and young people under section 136 during the reporting year; and (e) any other matter prescribed by the regulations. (2) The Minister must, as soon as is reasonably practicable after receipt of a report under this section, cause a copy of the report to be published on a website determined by the Minister. (3) The Minister must, within 6 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. (4) The requirements of this section are in addition to any other reporting obligation of the Chief Executive (however, a report under this section may be included in the annual report of the Chief Executive under the Public Sector Act 2009). Division 3—Quality of Care Report Guidelines 29—Quality of Care Report Guidelines (1) The Chief Executive must publish guidelines (the Quality of Care Report Guidelines) relating to reporting harm caused to children and young people in care by the persons contemplated by paragraph (c) of the definition of quality of care report in section 3, or suspicions or risks of such harm. (2) The Quality of Care Report Guidelines must set out— (a) the process by which a quality of care report is to be assessed; and (b) the actions which must be taken in response to a quality of care report; and (c) the ways in which procedural fairness is to be afforded in relation to a quality of care report; and (d) the process by which decisions relating to quality of care reports can be reviewed (including the persons who may seek such a review); and (e) any other information required by the regulations, and may contain any other provisions the Chief Executive thinks fit. (3) Subject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a quality of care report. (4) Before publishing the Quality of Care Report Guidelines, the Chief Executive must— (a) invite submissions from, and have regard to any submissions made by— (i) persons who care for children or young people under this Act or a repealed Act; and (ii) each recognised peak body; and (iii) persons or bodies who, in the opinion of the Chief Executive, represent the interests and views of persons who care for children and young people under this Act or a repealed Act; and (5) The Chief Executive must cause the Quality of Care Report Guidelines to be published on a website determined by the Chief Executive. (6) Each person or body involved in addressing a quality of care report must comply with the Quality of Care Report Guidelines. (7) However— (a) the Quality of Care Report Guidelines do not create legally enforceable rights or entitlements; and (b) in the event of an inconsistency between a provision of the Quality of Care Report Guidelines and a provision of this Act, the provision of the Quality of Care Report Guidelines is, to the extent of the inconsistency, void and of no effect. Division 4—Management of complaints and feedback 30—Complaints and Feedback Management Guidelines (1) The Chief Executive must publish guidelines (the Complaints and Feedback Management Guidelines) relating to the receipt and handling of complaints and feedback relating to the administration of this Act. (2) The Complaints and Feedback Management Guidelines must set out— (a) the matters in relation to which the Complaints and Feedback Management Guidelines apply; and (b) how, and by whom, complaints may be made and feedback may be given; and (c) the process by which complaints and feedback are to be assessed; and (d) the actions which may be taken in response to a complaint or feedback; and (e) the ways in which procedural fairness is to be afforded in relation to a complaint or feedback; and (f) information about alternative independent complaints and feedback mechanisms and bodies; and (g) any other information required by the regulations, and may contain any other provisions the Chief Executive thinks fit. (3) Subject to the regulations, the Chief Executive must ensure that procedural fairness is provided in the course of any action taken in response to a complaint or feedback. (4) Before publishing the Complaints and Feedback Management Guidelines, the Chief Executive must— (a) invite submissions from, and have regard to any submissions made by— (i) the Commissioner for Children and Young People; and (ii) the Commissioner for Aboriginal Children and Young People; and (iii) the Guardian for Children and Young People; and (iv) each recognised peak body; and (v) any other peak bodies prescribed by the regulations; and (vi) Aboriginal and Torres Strait Islander people and organisations; and (vii) people, including children and young people, who have experiences of being in care under this Act or a repealed Act; and (viii) any other person or body prescribed by the regulations; and (5) The Chief Executive must cause the Complaints and Feedback Management Guidelines to be published on a website determined by the Chief Executive. (6) Each officer or employee of the Department involved in the receipt and handling of complaints and feedback to which the Complaints and Feedback Management Guidelines apply must comply with the Complaints and Feedback Management Guidelines. (7) However— (a) the Complaints and Feedback Management Guidelines do not create legally enforceable rights or entitlements; and (b) in the event of an inconsistency between a provision of the Complaints and Feedback Management Guidelines and a provision of this Act, the provision of the Complaints and Feedback Management Guidelines is, to the extent of the inconsistency, void and of no effect. Division 5—Child protection officers 31—Child protection officers (1) The following persons are child protection officers for the purposes of this Act: (a) the Chief Executive; (b) a police officer; (c) an employee of the Department authorised by the Chief Executive by instrument in writing as a child protection officer; (d) an Aboriginal or Torres Strait Islander person authorised by the Chief Executive by instrument in writing as a child protection officer; (e) any other person authorised by the Chief Executive by instrument in writing as a child protection officer in accordance with any requirements set out in the regulations. (2) An authorisation under subsection (1)(c), (d) or (e) may be made subject to conditions or limitations specified in the instrument of authorisation. (3) The Chief Executive may, by notice in writing to a child protection officer authorised under subsection (1)(c), (d) or (e), vary or revoke the authorisation, or a condition or limitation of the authorisation, on any grounds the Chief Executive thinks fit. (4) A child protection officer authorised under subsection (1)(c), (d) or (e) must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is a child protection officer under this Act; and (c) if the authorisation of the person to be a child protection officer is subject to conditions or limitations—stating those conditions or limitations. (5) A child protection officer (other than a police officer in uniform) must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority. 32—Powers of child protection officers (1) Subject to this Act, a child protection officer may, as may reasonably be required in the administration, operation or enforcement of this Act, do 1 or more of the following: (a) enter and remain on any premises, place, vehicle or vessel (and for that purpose require a vehicle or vessel to stop); (b) inspect any premises, place, vehicle or vessel; (c) use reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel; (d) if the officer believes on reasonable grounds that a child or young person is at risk of removal from the State for a purpose set out in section 5(2)(c)(i) or (ii)—seize and retain any passport issued in the name of the child or young person; (e) take photographs, films, audio, video or other recordings; (f) seize and retain anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; (g) require a person who the officer reasonably suspects has committed, is committing or is about to commit a contravention of this Act to state their full name and usual place of residence and to produce evidence of their identity; (h) give such directions as may be reasonably required in connection with the exercise of a power conferred by a preceding paragraph or otherwise for a purpose related to the administration, operation or enforcement of this Act. (2) Subject to any order of the Court, a passport seized under subsection (1)— (a) may be held by the Chief Executive for the period prescribed by the regulations; and (b) must, at the end of the period, be dealt with in accordance with the regulations. (3) Without limiting subsection (1), a child protection officer may, for the purposes of enforcing any order of the Court, without warrant, remove from any premises, place, vehicle or vessel a child or young person using such force (including breaking into the premises, place, vehicle or vessel) as is reasonably necessary for that purpose. (4) Except as is provided for in subsection (3), a child protection officer may only use force to enter any premises, place, vehicle or vessel— (a) on the authority of a warrant issued by a magistrate; or (b) if— (i) entry to the premises, place, vehicle or vessel has been refused or cannot be gained; and (ii) the child protection officer believes on reasonable grounds that— (A) the delay that would ensue as a result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a child or young person; or (B) a child or young person who is absent from a State care placement is located within the premises, place, vehicle or vessel. (5) A magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant. (6) An application for the issue of a warrant under this section— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. (7) A magistrate by whom a warrant is issued under this section must file the warrant, or a copy of it, and any supporting affidavit in the Court. (8) Without limiting subsection (1), a child protection officer may exercise a power under this section for the purpose of determining whether an order of the Court, or a direction or requirement of the Chief Executive, is being, or has been, complied with in respect of a child or young person who is in the custody, or under the guardianship, of the Chief Executive. (9) A child protection officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances. (10) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction under this section. Maximum penalty: Imprisonment for 1 year. (11) To avoid doubt, this section does not limit any other powers conferred by any other provision of this Act. 33—Child protection officer may require information etc (1) A child protection officer may, by notice in writing, require a specified person or body (whether or not the person or body is a State authority, or an officer or employee of a State authority) to provide to them such information, or such documents, as may be specified in the notice (being information or a document in the possession of the person or body that is reasonably required in the administration, operation or enforcement of this Act). (2) To avoid doubt, a requirement under subsection (1) may include a requirement to provide copies of medical, financial or other records in respect of a person. (3) A child protection officer may, by notice in writing, require a specified person to— (a) answer, to the best of the person's knowledge or belief, questions put by the child protection officer or an employee of the Department authorised by the Chief Executive for the purposes of this subsection; and (b) in the case of a person who has examined, assessed or treated a person under this Act—provide to the child protection officer or the Chief Executive a written report of that examination, assessment or treatment. (4) A person or body of whom a requirement is made under this section must provide the specified information, document, answer or report in the manner and form, and within the period, specified in the notice. (5) A person or body who refuses or fails to comply with a notice under this section is guilty of an offence. (6) If a State authority refuses or fails to comply with a notice under subsection (1), the Chief Executive may, after consultation with the State authority— (a) report the refusal or failure to the Minister and to the Minister responsible for the State authority; and (b) include details of the refusal or failure in the annual report of the Department. Division 6—Child and Young Person's Visitor scheme 34—Interpretation prescribed facility means— (a) a licensed children's residential facility; or (b) a State residential care facility; or (c) any other facility, or facility of a class, prescribed by the regulations. 35—Child and Young Person's Visitor (1) The Minister may establish a Child and Young Person's Visitor. (2) The Child and Young Person's Visitor is to be independent of direction or control by the Crown or any Minister or officer of the Crown. (3) The regulations may make further provision in relation to the appointment of the Child and Young Person's Visitor. 36—Functions of Child and Young Person's Visitor (1) The functions of the Child and Young Person's Visitor are— (a) to conduct visits to, and inspections of, prescribed facilities as required or authorised under this Division; and (b) to communicate with children and young people resident in prescribed facilities; and (c) to promote the best interests of children and young people resident in prescribed facilities; and (d) to act as an advocate for children and young people resident in prescribed facilities and to promote the proper resolution of issues relating to their care; and (e) to inquire into, and provide advice to the Minister relating to, any systemic reform necessary to improve— (i) the quality of care, treatment or control of children and young people resident in prescribed facilities; and (ii) the management of prescribed facilities; and (f) any other functions assigned to the Child and Young Person's Visitor under this Act or any other Act. (2) In performing functions under this Act, the Child and Young Person's Visitor— (a) must encourage children and young people resident in prescribed facilities to express their own views and must give proper weight to those views; and (b) must pay particular attention to the needs and circumstances of— (i) Aboriginal and Torres Strait Islander children and young people; and (ii) children and young people who have a physical, psychological or intellectual disability; and (c) may receive and consider any information, reports or materials that may be relevant to performing the functions of the Child and Young Person's Visitor. (3) On a visit to a prescribed facility under this Division, the Child and Young Person's Visitor may— (a) inspect any part of the prescribed facility; and (b) make inquiries about the care, treatment or control of each child or young person resident in the prescribed facility; and (c) take such other action as may be reasonably required to perform the functions of the Child and Young Person's Visitor under this Act. (4) Subject to subsection (5), a visit to a prescribed facility may be— (a) made by the Child and Young Person's Visitor on their own initiative or at the request of a child or young person who is or was resident in the prescribed facility; and (b) made at any reasonable time; and (c) of such duration as the Child and Young Person's Visitor thinks appropriate. (5) The Child and Young Person's Visitor must— (a) except in exceptional circumstances, give the person in charge of a prescribed facility reasonable notice of a visit; and (b) take steps to ensure that the safe administration of the prescribed facility is not compromised by a visit; and (c) obey the reasonable directions of the person in charge of the prescribed facility in relation to any genuine concerns the person may have in connection with the safe management of the prescribed facility. (6) If the person in charge of a prescribed facility refuses to allow the Child and Young Person's Visitor to visit the prescribed facility because of genuine concerns the person may have in connection with the safety of the Child and Young Person's Visitor (whether related to a security risk, a health‑related risk or some other reason), the person must, as soon as reasonably practicable, provide the Child and Young Person's Visitor with written advice as to why entry to the prescribed facility was refused. (7) The Child and Young Person's Visitor has such other powers as may be necessary or expedient for, or incidental to, the performance of the functions of the Child and Young Person's Visitor. 37—Reporting obligations (1) The Child and Young Person's Visitor must, on or before 30 September in every year, prepare and provide to the Minister a report on the work of the Child and Young Person's Visitor during the financial year ending on the preceding 30 June. (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament. (3) The Child and Young Person's Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the Child and Young Person's Visitor functions. (4) The Minister must, within 6 sitting days after receiving a special report, cause a copy of the report to be laid before both Houses of Parliament. Division 7—Recognised peak bodies 38—Minister to recognise peak bodies (1) The Minister may, by notice in writing, recognise an entity as the recognised peak body for a particular section of the community for the purposes of this Act if satisfied that the entity— (a) represents the interests of that section of the community; and (b) agrees to be the recognised peak body for that section of the community. (2) Without limiting subsection (1), the Minister must recognise an entity as the recognised peak body for the following sections of the community: (a) children and young people and their families; (b) Aboriginal and Torres Strait Islander children and young people and their families; (c) carers under this Act. (3) The recognition of an entity as a recognised peak body— (a) may be conditional or unconditional; and (b) has effect for the period specified in the notice; and (c) must comply with any other requirements set out in the regulations. (4) The Minister may, by notice in writing and in accordance with any requirements set out in the regulations, vary or revoke the recognition of an entity as the recognised peak body for a particular section of the community. Division 8—Networks and services for children and young people and their families 39—Networks and services for children and young people and their families (1) The Minister may, in the Minister's absolute discretion, establish such networks or services for the multi-agency assessment and referral of, and service response for, children and young people and their families as the Minister thinks fit. (2) A network or service established by the Minister under this section— (a) consists of such persons or bodies (whether State authorities or otherwise) as may be specified by the Minister; and (b) has the functions assigned to it under this Act or by the Minister. (3) The members of a network or service established by the Minister under this section may, despite any other Act or law, collaborate with each other without restriction.

Division 9—Information gathering and sharing 40—Chief Executive may require State authority to provide report (1) The Chief Executive may, if of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified by the Chief Executive. (2) If a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for noncompliance. (3) The Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive in respect of the State authority's noncompliance. (4) The Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out— (a) the Minister's response to the Chief Executive's report; and (b) any other information required by the regulations. (5) The Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both that report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament. 41—Sharing of information between certain persons and bodies (1) This section applies to the following persons and bodies: (a) the Department; (b) the Commissioner for Children and Young People; (c) the Commissioner for Aboriginal Children and Young People; (d) the Guardian for Children and Young People; (e) the Child Death and Serious Injury Review Committee; (f) the Child and Young Person's Visitor; (g) a State authority; (h) a child and family assessment and referral network or service and its constituent members; (i) the Contact Arrangements Review Panel; (j) an interagency practice review panel; (k) a person or body that provides services to children and young people or their families; (l) government and non‑government schools; (m) SACAT; (n) any other person or body, or person or body of a class, prescribed by the regulations. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirements set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform functions relating to children and young people; or (b) to manage any risk of harm to a child or young person, or children or young people of a class, (including, to avoid doubt, an unborn child or children) that might arise in the recipient's capacity as an employer or provider of services. (3) Subject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Subsection (3) applies whether or not the information or documents— (a) consist of or include prescribed information and documents; and (b) ever disclosed the identity of a person, or has been redacted so as to de‑identify it. (5) Information or documents may be provided under this section whether or not the provider has been requested to provide the information or documents. (6) Despite section 218, the recipient of information or documents under this section must not disclose information or documents received under this section except— (a) to another person or body to whom this section applies; or (b) as may be authorised by the regulations. (7) In this section— prescribed information and documents means— (a) information or documents relating to the health, safety, welfare or wellbeing of a particular child or young person, or children or young people of a class; or (b) any other information or document of a kind prescribed by the regulations. 42—Interaction with Public Sector (Data Sharing) Act 2016 Nothing in this Division affects the operation of the Public Sector (Data Sharing) Act 2016.

Part 4—Additional provisions relating to Aboriginal and Torres Strait Islander children and young people 43—Primary purpose of Part The primary purpose of this Part is to ensure that the Aboriginal and Torres Strait Islander Child Placement Principle is implemented throughout all stages of the administration, operation and enforcement of this Act to the standard of active efforts. 44—Objects of Act relating to Aboriginal and Torres Strait Islander children and young people The Act has the following objects in respect of Aboriginal and Torres Strait Islander children and young people: (a) recognising that nurturing strong connections to family, community, culture and Country is foundational in ensuring that Aboriginal and Torres Strait Islander children and young people thrive and are protected from harm; (b) recognising, respecting and supporting the self‑determination of Aboriginal and Torres Strait Islander children and young people and their families; (c) recognising, respecting and supporting the primary role of Aboriginal and Torres Strait Islander families and communities in protecting and caring for their children and young people; (d) upholding the cultural rights of Aboriginal and Torres Strait Islander children and young people in decision making under this Act; (e) ensuring that decision makers under this Act understand, respect and support Aboriginal and Torres Strait Islander culture, cultural diversity, lore, knowledge, perspective and expertise; (f) recognising the unique role of Aboriginal and Torres Strait Islander organisations in responding to and supporting Aboriginal and Torres Strait Islander families; (g) recognising and overcoming biases and racism that create barriers to the best interests of Aboriginal and Torres Strait Islander children and young people being realised; (h) reducing the over‑representation and incidence of removal of Aboriginal and Torres Strait Islander children and young people from their families by— (i) supporting Aboriginal and Torres Strait Islander people to access services provided by Aboriginal and Torres Strait Islander organisations; and (ii) facilitating delegated decision making by recognised Aboriginal and Torres Strait Islander entities in relation to Aboriginal and Torres Strait Islander children and young people; and (iii) encouraging State authorities to act in partnership with Aboriginal and Torres Strait Islander people and organisations when performing functions under this Act that affect Aboriginal and Torres Strait Islander children and young people. 45—Application of Part (1) Except where the contrary intention appears, this Part is in addition to, and does not derogate from, any other provisions of this Act. (2) For the purposes of this Act, the following provisions apply in relation to the operation of Part 2 as it relates to Aboriginal and Torres Strait Islander children and young people: (a) the Aboriginal and Torres Strait Islander Child Placement Principle will, in the event of an inconsistency with the guiding principles and related matters set out in Part 2, prevail; (b) except as is contemplated by paragraph (a), the additional guiding principles set out in Division 3 of this Part are to be read in conjunction with, and will be taken to form part of, the guiding principles and related matters set out in Part 2. 46—Right to cultural support in certain proceedings and meetings (1) The Governor may, by regulation, establish a scheme providing for cultural support to be provided to Aboriginal or Torres Strait Islander children and young people for the purposes set out in the regulations. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the appointment of cultural support persons (including by limiting who can be a cultural support person); and (b) the right of a cultural support person to be present at specified proceedings or other interactions under this Act. (3) This section is in addition to, and does not derogate from, any other provision of this Act. Division 2—Identifying Aboriginal and Torres Strait Islander children and young people 47—Identifying Aboriginal and Torres Strait Islander children and young people Each person or body performing functions under this Act, must, as soon as is reasonably practicable after a child or young person comes into contact with the child protection and family support system, make active efforts to ascertain whether the child or young person is an Aboriginal or Torres Strait Islander child or young person. 48—Presumption as to acceptance by Aboriginal or Torres Strait Islander community For the purposes of this Act, if a child or young person— (a) is of Aboriginal or Torres Strait Islander descent; and (b) regards themselves as Aboriginal or Torres Strait Islander, or is regarded as Aboriginal or Torres Strait Islander by a member of their family, then the child or young person will, in the absence of evidence to the contrary, be taken to be accepted as Aboriginal or Torres Strait Islander (as the case requires) by the Aboriginal or Torres Strait Islander community to which the child or young person or the member of their family claims to belong. Division 3—Additional guiding principles in respect of Aboriginal and Torres Strait Islander children and young people 49—Aboriginal and Torres Strait Islander Child Placement Principle (1) The Parliament of South Australia recognises that the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle to the standard of active efforts is the key mechanism by which the best interests of Aboriginal and Torres Strait Islander children and young people, and their families, can be realised. (2) The following elements collectively constitute the Aboriginal and Torres Strait Islander Child Placement Principle: (a) the prevention element—Aboriginal and Torres Strait Islander children and young people have the right to be brought up within their own family and community, and should, to ensure that families can stay together safely, be provided access to culturally safe services that support families and communities to care for Aboriginal and Torres Strait Islander children and young people; (b) the partnership element—Aboriginal and Torres Strait Islander people should be supported to participate in— (i) decisions under this Act affecting Aboriginal and Torres Strait Islander children and young people; and (ii) policy development, service design and service provision in relation to services provided to, or in relation to, Aboriginal or Torres Strait Islander children and young people under this Act; (c) the placement element—if an Aboriginal or Torres Strait Islander child or young person is to be placed with a person under this Act, the child or young person should, as a priority and so far as it is reasonably practicable to do so, be placed with 1 of the following persons (in order of priority): (i) an Aboriginal or Torres Strait Islander member of the child or young person's family, or other member of the child or young person's family; (ii) an Aboriginal or Torres Strait Islander member of the child or young person's community who has a relationship of responsibility for the child or young person; (iii) an Aboriginal or Torres Strait Islander member of the child or young person's community; (iv) an Aboriginal or Torres Strait Islander person; (d) the participation element—if a decision is to be made under this Act which affects an Aboriginal or Torres Strait Islander child or young person, Aboriginal and Torres Strait Islander family‑led decision making should be engaged in at the earliest opportunity to ensure that the child or young person, their parents and other family members are enabled to participate in the making of the decision and that their views are considered by the decision maker; (e) the connection element—Aboriginal and Torres Strait Islander children and young people placed with a person under this Act should be supported to develop and maintain their connection with their family, community, culture, Country and language, particularly when the child or young person is placed with a person who is not an Aboriginal or Torres Strait Islander person. (3) Without limiting any other provision of this Act, each person or body engaged in the administration, operation or enforcement of this Act must, in making a decision under this Act relating to an Aboriginal or Torres Strait Islander child or young person, implement each of the elements of the Aboriginal and Torres Strait Islander Child Placement Principle that are relevant to the decision to the standard of active efforts. (4) Without limiting the ways in which an element or elements of the Aboriginal and Torres Strait Islander Child Placement Principle can be implemented to the standard of active efforts, examples of the ways in which a decision‑maker might do so include, where relevant— (a) considering how the Aboriginal or Torres Strait Islander child or young person can be prevented from needing to be removed from their families under this Act (including by actively considering alternative courses of action that may be available, such as assistance in accessing relevant support and services); or (b) actively promoting the self‑determination of the Aboriginal and Torres Strait Islander child or young person and their family and community in relation to a decision; or (c) engaging with the Aboriginal or Torres Strait Islander child or young person and their family and community by means of Aboriginal and Torres Strait Islander family‑led decision making; or (d) thorough scoping of the Aboriginal or Torres Strait Islander child or young person's family to identify culturally connected placements; or (e) supporting and maintaining the Aboriginal or Torres Strait Islander child or young person's connection to family, community, culture, and Country throughout every stage of their involvement in the child protection and family support system; or (f) having regard to the possible long‑term effects of the decision on the Aboriginal or Torres Strait Islander child or young person's identity and connection with their family, community, culture and Country. (5) For the purposes of subsection (2)(c)— (a) if an Aboriginal or Torres Strait Islander child or young person has parents from different Aboriginal or Torres Strait Islander communities—consideration should be given to the child or young person's own sense of belonging; and (b) if an Aboriginal or Torres Strait Islander child or young person has parents from different Aboriginal or Torres Strait Islander communities, and the child or young person is placed with 1 parent's family or community—arrangements should be made to ensure that the child or young person has the opportunity for continuing contact and connection with their other parent's family, community and culture; and (c) if an Aboriginal or Torres Strait Islander child or young person has 1 Aboriginal or Torres Strait Islander parent and 1 non‑Aboriginal or Torres Strait Islander parent—the order of priority for familial placement should be determined by considering the best interests of the child or young person; and (d) if an Aboriginal or Torres Strait Islander child or young person is to be placed under the guardianship of a non‑Aboriginal or Torres Strait Islander person—the Court should, following advice of a Respected Person on the matter, be satisfied that the person has demonstrated a strong commitment, and has the capability, to ensure the maintenance of the child or young person's Aboriginal or Torres Strait Islander culture and identity, including through contact and connection with family, community, culture and Country; and (e) if an Aboriginal or Torres Strait Islander child or young person is to be placed with a non‑Aboriginal or Torres Strait Islander person under Part 12—the Chief Executive should be satisfied that the person has demonstrated a strong commitment, and has the capability, to ensure the maintenance of the child or young person's Aboriginal or Torres Strait Islander culture and identity, including through contact and connection with family, community, culture and Country. 50—Additional considerations relating to reunification of certain Aboriginal and Torres Strait Islander children and young people and their parents Without limiting any other provision of this Act, the Chief Executive must, if an Aboriginal or Torres Strait Islander child or young person is removed from their parents under this Act— (a) make active efforts to explore ways in which the child or young person and their parents can be reunified; and (b) if, in the opinion of the Chief Executive, reunification of the child or young person and their parents is not viable—make active efforts to identify or locate members of the child or young person's family or community with whom the child or young person can be placed. 51—Principle of Aboriginal and Torres Strait Islander family‑led decision making (1) For the purposes of this Act, the principles set out in this section constitute the principle of Aboriginal and Torres Strait Islander family‑led decision making (and a reference to a person or body engaging in Aboriginal and Torres Strait Islander family‑led decision making will be taken to be a reference to the person or body acting in accordance with those principles). (2) Each person or body performing functions under this Act must, when making a decision in respect of an Aboriginal or Torres Strait Islander child or young person— (a) make decisions in a culturally safe and respectful way that draws on traditional Aboriginal or Torres Strait Islander methods of enabling culturally‑based family‑driven decisions; and (b) promote self‑determination, participation and shared decision making at each stage of making the decision; and (c) support the family of the child or young person to make informed choices in respect of the best interests of the child or young person; and (d) assist the family of the child or young person, and their support networks, to think and plan creatively in relation to, and to utilise their strengths and resources to resolve, concerns raised in respect of the child or young person; and (e) provide accessible and culturally safe forums to the family of the child or young person so they can feel comfortable in actively participating, and working in partnership, with persons or bodies responsible for decision making in relation to the child or young person; and (f) provide opportunities to the family of the child or young person for ongoing participation in all significant decisions relating to the child or young person; and (g) take into account the views of the family of the child or young person; and (h) where it is reasonably practicable to do so, support the family of the child or young person to engage with an Aboriginal or Torres Strait Islander organisation. (3) The requirements under this section do not limit any other ways in which Aboriginal or Torres Strait Islander people can be involved in a decision under this Act. 52—Additional considerations relating to best interests of Aboriginal and Torres Strait Islander children and young people Without limiting section 11, in considering what is in the best interests of a particular Aboriginal or Torres Strait Islander child or young person, regard should be given to such of the following as may be relevant in the circumstances: (a) the need to comply with the Aboriginal and Torres Strait Islander Child Placement Principle; (b) the child rearing practices of Aboriginal or Torres Strait Islander people; (c) the need to provide the child or young person with the opportunity to maintain and build their identity, as well as their connections to their Aboriginal or Torres Strait Islander family, community, culture and Country; (d) the child or young person's need to have an environment in which they— (i) feel safe and supported to express their culture and spiritual and other belief systems; and (ii) are supported by a carer who respects their identity as an Aboriginal or Torres Strait Islander child or young person and who nurtures and encourages their sense of self and identity in respect to their family, community, culture and Country; (e) any other matter prescribed by the regulations. Division 4—Recognised Aboriginal or Torres Strait Islander entities 53—Minister may recognise certain Aboriginal or Torres Strait Islander entities for purposes of Act (1) The Minister may— (a) on an application by an eligible entity or on the Minister's own motion; and (b) after consulting with— (i) the Aboriginal or Torres Strait Islander community or a section of the Aboriginal or Torres Strait Islander community; and (ii) any peak bodies prescribed by the regulations; and (iii) any other person or body prescribed by the regulations, by notice in writing, recognise an eligible entity as a recognised Aboriginal or Torres Strait Islander entity for the purposes of this Act if satisfied that— (c) the entity is an eligible entity; and (d) the eligible entity agrees to being a recognised Aboriginal or Torres Strait Islander entity. (2) An application under subsection (1) must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by such information and documents as may be required by the Minister. (3) The recognition of a recognised Aboriginal or Torres Strait Islander entity— (a) may be conditional or unconditional; and (b) has effect for the period specified in the notice; and (c) must comply with any requirements prescribed by the regulations. (4) The Minister may, by notice in writing, vary or revoke a condition of the recognition of a recognised Aboriginal or Torres Strait Islander entity for any reason the Minister thinks fit. (5) The Minister may, by notice in writing and in accordance with any requirements set out in the regulations, vary or revoke the recognition of a recognised Aboriginal or Torres Strait Islander entity. eligible entity means— (a) a person— (i) who is an Aboriginal or Torres Strait Islander person; and (ii) who has relevant knowledge of, or expertise in, child protection or another relevant field; and (iii) who is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and (iv) in relation to whom a working with children check has been conducted within the preceding 5 years; and (v) who complies with any other requirements set out in the regulations; or (b) an entity that provides services to Aboriginal or Torres Strait Islander people in this State— (i) the chief executive of which (however described) is a person with the attributes set out in paragraph (a); and (ii) that complies with any other requirements set out in the regulations; or (c) an entity that provides services to Aboriginal or Torres Strait Islander people in this State— (i) the governing body of which consists of a majority of— (A) Aboriginal or Torres Strait Islander people; and (B) people who have relevant knowledge of, or expertise in, child protection; and (ii) each director of which (however described) is a person— (A) who is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and (B) in relation to whom a working with children check has been conducted within the preceding 5 years; and (iii) that complies with any other requirements set out in the regulations; or (d) any other entity, or entity of a class, prescribed by the regulations. Division 5—Delegation of functions in respect of Aboriginal and Torres Strait Islander children and young people 54—Delegation of certain functions to recognised Aboriginal or Torres Strait Islander entities (1) Without limiting any other power of delegation the Chief Executive may have under this Act or any other Act, the Chief Executive may delegate a specified function, or functions of a specified class, under this Act (other than a prescribed function) to— (a) a specified recognised Aboriginal or Torres Strait Islander entity; or (b) a specified member of a recognised Aboriginal or Torres Strait Islander entity. (2) To avoid doubt, the Chief Executive may delegate a function of a child protection officer under this section. (3) Without limiting subsection (1), a delegation may relate to a specified Aboriginal or Torres Strait Islander child or young person, or Aboriginal or Torres Strait Islander children or young people of a specified class. (4) A delegation under subsection (1)— (d) may, if the instrument of delegation so provides, be further delegated; and (e) is revocable at will. (5) Before delegating a function to a recognised Aboriginal or Torres Strait Islander entity, or a member of a recognised Aboriginal or Torres Strait Islander entity, under this section, the Chief Executive must— (a) unless a memorandum of understanding between the Chief Executive and the recognised Aboriginal or Torres Strait Islander entity is in force in relation to such delegations, consult with the recognised Aboriginal or Torres Strait Islander entity in relation to the delegation; and (b) undertake such consultation as may be required by the regulations to ascertain the views of the Aboriginal or Torres Strait Islander child or young person, or children or young people, to whom the delegation relates, and their family and community; and (c) be satisfied that it is, in all the circumstances, appropriate that the recognised Aboriginal or Torres Strait Islander entity, or the member (as the case requires), perform the functions to which the delegation relates; and (d) comply with any other requirements set out in the regulations. (6) However, the Chief Executive need not comply with subsection (5)(b) if to do so would, in the opinion of the Chief Executive, result in an unacceptable risk to the safety or wellbeing of a child or young person. (7) Despite any other Act or law, the Chief Executive may provide such information and documents to a delegated decision maker in respect of an Aboriginal or Torres Strait Islander child or young person as the Chief Executive considers reasonably necessary to allow the delegated decision maker to perform their delegated functions. (8) Without limiting any other provision of this Act, the Chief Executive may require a delegated decision maker in respect of an Aboriginal or Torres Strait Islander child or young person to provide to the Chief Executive such information or documents relating to the child or young person as may be specified by the Chief Executive. (9) A delegation under this section has effect until— (a) the Chief Executive revokes the delegation; or (b) the recognised Aboriginal or Torres Strait Islander entity informs the Chief Executive, by notice in writing, that the entity will no longer act under the delegation; or (c) the recognition of the Aboriginal or Torres Strait Islander entity is revoked, or the entity otherwise ceases to be a recognised Aboriginal or Torres Strait Islander entity, (10) The regulations may make further provisions relating to delegations under this section, including, but not limited to— (a) the records that must be made and kept by a delegated decision maker, and the period for which such records must be kept; and (b) the reporting requirements that apply to a delegated decision maker. 55—Costs of recognised Aboriginal or Torres Strait Islander entity performing delegated functions to be borne by Crown Such costs and expenses as may reasonably be incurred by a recognised Aboriginal or Torres Strait Islander entity performing delegated functions under this Act (including costs related to staffing the entity) are to be borne by the Crown. Division 6—Family group conferencing for Aboriginal and Torres Strait Islander children and young people 56—Additional purposes of family group conferences for Aboriginal and Torres Strait Islander children and young people (1) Without limiting section 96 or 114, the purposes of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person include giving effect to— (a) the Aboriginal and Torres Strait Islander Child Placement Principle; and (b) the need for self‑determination; and (c) the principle of Aboriginal and Torres Strait Islander family‑led decision making. (2) Without limiting section 99, the coordinator of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person must determine such procedures of the conference as the coordinator considers necessary or appropriate to further the purposes set out in subsection (1). 57—Family group conference to be convened (1) Despite section 98, but subject to this section, if— (a) the Chief Executive causes an assessment of an Aboriginal or Torres Strait Islander child or young person to be carried out in accordance with section 79; or (b) the Chief Executive becomes aware that a child or young person in care is an Aboriginal or Torres Strait Islander child or young person; or (c) a family member of an Aboriginal or Torres Strait Islander child or young person in care requests that a family group conference (however described) be convened, the Chief Executive must, as soon as is reasonably practicable and in accordance with any requirements set out in the regulations, cause a family group conference under section 98 to be convened in respect of the child or young person. (2) However, the Chief Executive need not comply with this section— (a) if a particular person refuses to participate in the family group conference and the Chief Executive is satisfied that the person's participation is required for a decision at the conference to be valid; or (b) if a family group conference in respect of the Aboriginal or Torres Strait Islander child or young person has been convened within the preceding 6 months; or (c) if the Chief Executive is of the opinion that convening a family group conference is not, in all the circumstances, in the best interests of the Aboriginal or Torres Strait Islander child or young person; or (d) in any other circumstances prescribed by the regulations. 58—Coordinator of family group conference to be Aboriginal or Torres Strait Islander person Without otherwise limiting section 98 or 114, the coordinator of a family group conference convened in respect of an Aboriginal or Torres Strait Islander child or young person must, unless it is not reasonably practicable or prescribed circumstances apply, be an Aboriginal or Torres Strait Islander person (as the case requires, and not being a person who is an employee of the Department). Division 7—Court proceedings under Act involving Aboriginal and Torres Strait Islander children and young people 59—Regulations etc to establish scheme for Respected Persons to participate in Court proceedings involving Aboriginal and Torres Strait Islander children and young people (1) The Governor may, by regulation, establish a scheme providing for the use of Respected Persons in Court proceedings— (a) to support Aboriginal and Torres Strait Islander children and young people to whom the proceedings relate; and (b) to assist and advise the Court in relation to the practices and culture of Aboriginal and Torres Strait Islander people and communities. (2) Without otherwise limiting the regulations that may be made under subsection (1), the regulations must provide for— (a) the appointment and selection of Respected Persons; and (b) consultation (including consultation with specified peak bodies); and (c) the kinds of proceedings before the Court in which a Respected Person may, or may not, be used; and (d) the role of Respected Persons as support persons for Aboriginal or Torres Strait Islander children and young people in proceedings before the Court; and (e) the role of Respected Persons in providing advice to the Court in relation to the practices and culture of Aboriginal and Torres Strait Islander people and communities (whether on behalf of an Aboriginal or Torres Strait Islander child or young person to whom the proceedings relate or otherwise); and (f) the ways in which a Respected Person may provide evidence or information to the Court. (3) Regulations establishing a scheme under this section may, to the extent required for the purposes of the scheme, modify a provision of this Act, or modify the operation of the Youth Court Act 1993 or a provision of that Act. (4) Without limiting section 32 of the Youth Court Act 1993 or any other provision of this Act, the Court must, in accordance with that section, make such rules as may be necessary to ensure the scheme for the use of Respected Persons is given effect. (5) An order of the Court will not be invalid by reason of a failure to comply with the scheme established under this section. 60—Court to be satisfied that Aboriginal and Torres Strait Islander Child Placement Principle implemented before making certain orders (1) Without limiting any other provision of this Act, or any other power the Court may have, the Court must, before making an order, be satisfied that the Aboriginal and Torres Strait Islander Child Placement Principle has, so far as is practicable in the circumstances, been implemented to the standard of active efforts in relation to the Aboriginal or Torres Strait Islander child or young person who is the subject of the order. (2) For the purposes of subsection (1), the Court may have regard to— (a) any report filed by a recognised Aboriginal or Torres Strait Islander entity or the Chief Executive (or both); and (b) any other information the Court considers relevant. (3) However, this section does not apply in relation to— (a) an assessment order; or (b) an interim order under Part 10; or (c) any other order, or order of a class, prescribed by the regulations. 61—Court not to make certain orders in relation to Aboriginal and Torres Strait Islander children and young people unless family group conference convened (1) Subject to subsection (2), a prescribed order must not be made by the Court in relation to an Aboriginal or Torres Strait Islander child or young person unless at least 1 family group conference (whether convened by the Chief Executive or the Court) has been convened in respect of the child or young person. (2) Subsection (1) does not apply— (a) if the Chief Executive has not complied with section 57 in the circumstances referred to in section 57(2); or (b) in any other circumstances prescribed by the regulations. prescribed order means an order made by the Court under section 116(1)(e), (f), (g), (h), (i) or (j). A prescribed order does not include an assessment order or an interim order. Division 8—Case planning for Aboriginal and Torres Strait Islander children and young people 62—Additional requirements relating to case planning for Aboriginal and Torres Strait Islander children and young people Without limiting section 133, a case plan for an Aboriginal or Torres Strait Islander child or young person must— (a) set out how the Aboriginal and Torres Strait Islander Child Placement Principle has been, and will be, implemented in the course of case planning (including the extent to which the standard of active efforts has been met in doing so); and (b) set out a cultural maintenance plan that is developed with input from— (i) the child or young person and their family and community; and (ii) where practicable, an Aboriginal or Torres Strait Islander organisation; and (c) set out how the cultural needs and identity of the child or young person are being, or will be, met (including, but not limited to, receiving respect for, and having access to, cultural beliefs and cultural foods, receiving support to travel to attend cultural events, obligations and ceremonies and to connect with Country); and (d) include arrangements for connection with the child or young person's Aboriginal or Torres Strait Islander family, community, culture and Country (including, but not limited to, cultural mentors or Elders from the same Aboriginal or Torres Strait Islander community as the child or young person). Division 9—Placement of Aboriginal and Torres Strait Islander children and young people by Chief Executive 63—Chief Executive must consult with recognised Aboriginal or Torres Strait Islander entity before placing Aboriginal or Torres Strait Islander child or young person (1) Without limiting any other provision of this Act, the Chief Executive must, if it is reasonably practicable to do so, consult with, and have regard to any submissions of, a recognised Aboriginal or Torres Strait Islander entity before placing an Aboriginal or Torres Strait Islander child or young person under Part 12 Division 1. (2) However, subsection (1) does not apply to a delegated decision maker to whom functions relating to the placement of the child or young person have been delegated under this Act.

Division 10—Reviews of contact arrangements and reviews of circumstances for Aboriginal and Torres Strait Islander children and young people in care 64—Additional requirements relating to reviews by the Contact Arrangements Review Panel in respect of Aboriginal and Torres Strait Islander children and young people Despite section 145, the following provisions apply to a panel convened by the Contact Arrangements Review Panel under that section to review a determination of the contact arrangements in respect of an Aboriginal or Torres Strait Islander child or young person: (a) the panel must be constituted of a majority of Aboriginal or Torres Strait Islander people; (b) the presiding member of the panel must be an Aboriginal or Torres Strait Islander person; (c) the panel must, in accordance with any requirements set out in the regulations, consult with— (i) if, at the time of the review, there is a delegated decision maker in relation to the child or young person—the delegated decision maker; or (ii) in any other case—an Aboriginal or Torres Strait Islander organisation, or Aboriginal or Torres Strait Islander organisation of a class, prescribed by the regulations; (d) the panel must comply with any other requirements prescribed by the regulations. 65—Ongoing review of circumstances of certain Aboriginal and Torres Strait Islander children or young people Without otherwise limiting section 146, the following additional provisions apply to a review of the circumstances of an Aboriginal or Torres Strait Islander child or young person under that section: (a) the panel appointed to conduct the review must be constituted of at least 1 Aboriginal or Torres Strait Islander person; (b) the panel may, but need not, consist of or include of a recognised Aboriginal or Torres Strait Islander entity; (c) in conducting the review, the panel must undertake such consultation as may be required by the regulations (being consultation with a recognised Aboriginal or Torres Strait Islander entity, or other entity, prescribed by the regulations).

Part 5—State Strategy for the Safety and Support of Children and Young People Division 1—State Strategy for the Safety and Support of Children and Young People 66—State Strategy for the Safety and Support of Children and Young People (1) There is to be a State Strategy for the Safety and Support of Children and Young People. (2) The State Strategy must include the following parts: (a) a part setting out the manner in which the State Strategy will be implemented; (b) a part setting out the intended outcomes in relation to the State Strategy and the measures to be used in relation to those outcomes; (c) a part setting out the roles and responsibilities of prescribed persons or bodies in respect of the following objectives: (i) the reduction of risk factors that lead to child abuse and neglect; (ii) the provision of targeted assistance to children and young people and their families to prevent children and young people from being in care; (iii) the provision of priority support and services to children and young people in care, leaving care or who have left care; (d) a part setting out the manner in which, subject to this Act, government, local councils and non‑government organisations should collaborate in the provision of support and services to children and young people, and their families; (e) any other part prescribed by the regulations, and each part must specifically address Aboriginal and Torres Strait Islander children and young people. (3) The State Strategy may incorporate or refer to such codes, standards, documents, policy statements, proposals or other matters as the Minister thinks fit. (4) Each prescribed person or body must, in performing its functions, have regard to, and seek to give effect to, the State Strategy (however, a prescribed person or body will be taken not to be in breach of this subsection if the person or body is acting in accordance with a requirement under this Act or any other Act or law). (5) In this section— prescribed person or body means— (a) a State authority; and (b) any other person or body, or person or body of a class, prescribed by the regulations. 67—Preparation of State Strategy (1) The State Strategy is to be prepared by the Minister in accordance with this section. (2) In preparing the State Strategy, the Minister— (a) must, in accordance with any requirements set out in the regulations, consult with— (i) State authorities; and (ii) the Commissioner for Children and Young People; and (iii) the Commissioner for Aboriginal Children and Young People; and (iv) the Guardian for Children and Young People; and (v) the peak bodies prescribed by the regulations; and (vi) Aboriginal and Torres Strait Islander persons and organisations; and (vii) people, including children and young people, who have experiences of being in care under this Act or a repealed Act; and (viii) any other person or body prescribed by the regulations; and (b) may consult with any other person or body the Minister thinks fit. (3) The Minister must cause the State Strategy to be published— (a) by notice in the Gazette; and (b) on a website determined by the Minister. (4) The State Strategy has effect from the day on which it is published by notice in the Gazette. (5) The Minister must, within 6 sitting days after the State Strategy is published in the Gazette, cause a copy of the State Strategy to be laid before both Houses of Parliament. (6) A failure of the Minister to comply with a requirement of this section does not, of itself, affect the validity of the State Strategy. 68—Annual report on State Strategy (1) The Chief Executive must, on or before 31 December in each year, report to the Minister on the operation of the State Strategy and this Part during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the Chief Executive, cause a copy of the report to be laid before both Houses of Parliament. 69—Review of State Strategy (1) The Minister must, at least once in each 5 year period, cause the State Strategy to be reviewed in accordance with any requirements set out in the regulations, and a report on the review to be prepared and submitted to the Minister. (2) The Minister must, within 6 sitting days after receiving a report under subsection (1), cause a copy of the report to be laid before both Houses of Parliament. Division 2—Children and Young People Safety and Support Plans 70—Application of Division (1) This Division applies to the following persons and bodies: (a) a prescribed State authority; (b) any other person or body prescribed by the regulations. prescribed State authority means— (a) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; and (b) the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Education and Children's Services Act 2019; and (c) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Health Care Act 2008; and (d) the administrative unit of the Public Service that is responsible for assisting a Minister for the administration of the Youth Justice Administration Act 2016; and (e) any other State authority prescribed by the regulations for the purposes of this paragraph. 71—Children and Young People Safety and Support Plans (1) There is to be a Children and Young People Safety and Support Plan for each person or body to whom this Division applies. (2) A Children and Young People Safety and Support Plan is to be prepared by the relevant person or body in accordance with this section. (3) A Children and Young People Safety and Support Plan must set out— (a) the manner in which the person or body proposes to give effect to the State Strategy; and (b) the manner in which the person or body proposes to implement the objectives set out in section 66(2)(c); and (c) the intended outcomes in relation to such implementation and the measures to be used in relation to those outcomes; and (d) any other matter required by the regulations. (4) In preparing a Children and Young People Safety and Support Plan, a prescribed State authority must consult with such persons or bodies as may be prescribed by the regulations. (5) A prescribed State authority must publish its Children and Young People Safety and Support Plan on a website determined by the prescribed State authority. 72—Annual report on operation of Children and Young People Safety and Support Plans (1) Each prescribed State authority must, on or before 31 October in each year, report to the Chief Executive on the operation of its Children and Young People Safety and Support Plan during the preceding financial year (including a summary of the extent to which the Plan has been implemented by the prescribed State authority). (2) A person or body to whom this Division applies (other than a prescribed State authority) may report to the Chief Executive in accordance with subsection (1). (3) The Chief Executive must, on or before 31 December in each year, provide to the Minister a report summarising the reports received under this section in respect of the preceding financial year. (4) A report under subsection (3) may be combined with a report under section 68(1). (5) The Minister must, within 6 sitting days after receiving a report from the Chief Executive under subsection (3), cause a copy of the report to be laid before both Houses of Parliament (and, if the report is combined with a report under section 68(1), then the requirement of this subsection will be satisfied on the report being laid before both Houses of Parliament in accordance with that section). 73—Review of Children and Young People Safety and Support Plans (1) A prescribed State authority must cause a review of its Children and Young People Safety and Support Plan to be undertaken at least once in each 5 year period, and a report on the review to be prepared and submitted to the prescribed State authority. (2) The prescribed State authority must cause a copy of the report submitted under subsection (1) to be provided to the Minister as soon as is reasonably practicable after receiving the report.

Part 6—Providing safe environments for children and young people 74—Certain organisations must have policies and procedures to ensure safe environments provided (1) A prescribed organisation must, in accordance with any requirements set out in the regulations, prepare or adopt policies and procedures of the following kinds: (a) policies and procedures that ensure that the requirements under Part 7 Division 1 are satisfied; (b) policies and procedures designed to ensure that safe environments for children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation; (c) policies and procedures designed to ensure that culturally safe environments for Aboriginal or Torres Strait Islander children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation; (d) such other policies and procedures as may be required by the regulations. (2) A prescribed organisation may, in accordance with any requirements set out in the regulations, from time to time vary or substitute a policy or procedure required under subsection (1). (3) A prescribed organisation must, as soon as is reasonably practicable after preparing or adopting, or varying or substituting, the policies and procedures required under subsection (1), provide to the Chief Executive a statement— (a) certifying that the prescribed organisation has in place policies and procedures as required under that subsection; and (b) setting out any information required by the regulations. (4) A statement required under subsection (3) must— (a) be provided in a manner and form determined by the Chief Executive; and (b) if the Chief Executive so requires, be accompanied by a copy of each policy and procedure prepared or adopted under subsection (1) as varied or substituted from time to time; and (c) comply with any other requirements set out in the regulations. (5) A prescribed organisation must, at the request of a person in relation to whom the prescribed organisation provides, or is to provide, a service, or undertakes, or is to undertake, an activity, produce for inspection a copy of the policies and procedures prepared or adopted under subsection (1), as in force at the relevant time. (6) A prescribed organisation must, in accordance with any requirements set out in the regulations, review the policies and procedures prepared or adopted under subsection (1) at least once in every 5 year period. (7) A prescribed organisation must not refuse or fail to comply with a requirement under this section. prescribed organisation means— (a) a State authority; or (b) a person or body who provides a service or undertakes an activity that constitutes child‑related work within the meaning of the Child Safety (Prohibited Persons) Act 2016; or (c) any other person or body, or person or body of a class, prescribed by the regulations, but does not include a person or body, or person or body of a class, prescribed by the regulations to be excluded from this definition.