Div 5Charter of Rights for Children and Young People in Care

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).