Part 1Preliminary

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.