Sch 2Related amendments and repeals

Schedule 2—Related amendments and repeals Part 1—Amendment of Adoption Act 1988 1—Amendment of section 10A—Adoption of child who has turned 18 Section 10A(2)(b)—after "Children's Protection Act 1993," insert: the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025, Part 2—Amendment of Bail Act 1985 2—Amendment of section 10A—Presumption against bail in certain cases Section 10A(2), definition of prescribed applicant, (h)—delete paragraph (h) and substitute: (h) an applicant taken into custody in relation to an offence against section 170(5) of the Children and Young People (Safety and Support) Act 2025. Part 3—Amendment of Births, Deaths and Marriages Registration Act 1996 3—Amendment of section 25A—Change of name of child under guardianship (1) Section 25A(1)(a)—delete "Children and Young People (Safety) Act 2017" and substitute: (2) Section 25A(1)(b)—delete "Children and Young People (Safety) Act 2017 or the repealed Act" and substitute: Children and Young People (Safety and Support) Act 2025 or a repealed Act (3) Section 25A(2)(b)—delete "Children and Young People (Safety) Act 2017" and substitute: (4) Section 25A(8)—delete "section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act)" and substitute: section 202 of the Children and Young People (Safety and Support) Act 2025 (5) Section 25A(10), definition of Chief Executive—delete "Children and Young People (Safety) Act 2017" and substitute: (6) Section 25A(10), definition of repealed Act—after "Children's Protection Act 1993" insert: or the Children and Young People (Safety) Act 2017 4—Amendment of section 38A—Notification by court appointed guardians Section 38A(4), definition of court appointed guardian—delete "under the Children and Young People (Safety) Act 2017" and substitute: appointed as guardian of a person under the Children and Young People (Safety and Support) Act 2025 or a repealed Act (within the meaning of that Act) Part 4—Amendment of Carers Recognition Act 2005 5—Amendment of section 5—Meaning of carer Section 5(3)(b)—after "Children and Young People (Safety) Act 2017" insert: , the Children and Young People (Safety and Support) Act 2025 Part 5—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016 6—Amendment of section 26—Functions and powers of Guardian Section 26(4), definition of Chief Executive—delete "Children and Young People (Safety) Act 2017" and substitute: 7—Amendment of section 37—Functions of the Committee Section 37(3)(d)—delete "Children and Young People (Safety) Act 2017" and substitute: Part 6—Amendment of Child Safety (Prohibited Persons) Act 2016 8—Amendment of section 8—Meaning of assessable information (1) Section 8(1)(fa)—after "Children and Young People (Safety) Act 2017" insert: (2) Section 8(1)—after paragraph (ga) insert: (gb) information that relates to a notification made pursuant to Part 7 Division 1 of the Children and Young People (Safety and Support) Act 2025; (3) Section 8(1)(h)—delete "or the Children and Young People (Safety) Act 2017" and substitute: , the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025 (4) Section 8(1)(h)—delete "Children and Young People (Safety) Act 2017" second occurring and substitute: Part 7—Amendment of Civil Liability Act 1936 9—Amendment of section 50A—Interpretation Section 50A(1), definition of designated carer—delete "Children and Young People (Safety) Act 2017" wherever occurring and substitute in each case: 10—Amendment of section 50C—When persons are associated with institution Section 50C(1)(d)—delete "Children and Young People (Safety) Act 2017" and substitute: Part 8—Amendment of Controlled Substances Act 1984 11—Amendment of section 54C—Application for order Section 54C(b)—delete "Children and Young People (Safety) Act 2017" wherever occurring and substitute in each case: 12—Amendment of section 54D—Making of orders Section 54D(5)—delete "Children and Young People (Safety) Act 2017" and substitute: Part 9—Amendment of Coroners Act 2003 13—Amendment of section 3—Interpretation Section 3(1), definition of reportable death, (f)(ii)—after "Children and Young People (Safety) Act 2017" insert: Part 10—Amendment of Criminal Law Consolidation Act 1935 14—Amendment of section 5AA—Aggravated offences Section 5AA(1)—after paragraph (e) insert: (ea) the offender committed the offence knowing that the victim was, at the time of the offence, in care (within the meaning of the Children and Young People (Safety and Support) Act 2025); Part 11—Amendment of Criminal Procedure Act 1921 15—Amendment of section 99AAC—Child protection restraining orders (1) Section 99AAC(8), definition of Chief Executive—delete "Children and Young People (Safety) Act 2017" and substitute: (2) Section 99AAC(8), definition of Minister—delete the definition and substitute: Minister means the Minister responsible for the administration of the Children and Young People (Safety and Support) Act 2025; 16—Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings Section 99KA(4)(b)—delete "Children and Young People (Safety) Act 2017" and substitute: Part 12—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011 17—Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction Section 13(1), definition of child protection law—after paragraph (ca) insert: (cb) the Children and Young People (Safety and Support) Act 2025; and Part 13—Amendment of Family and Community Services Act 1972 18—Amendment of section 23—Special funds (1) Section 23(4)(b)—delete "Children and Young People (Safety) Act 2017" and substitute: (2) Section 23(4)(c)—delete "Children and Young People (Safety) Act 2017" and substitute: 19—Repeal of Part 3 Division 3 Part 3 Division 3—delete Division 3 20—Repeal of Part 4 Part 4—delete Part 4 21—Amendment of section 98—Liability of near relatives for maintenance of child Section 98(1)—delete "Minister or the Chief Executive under the Children and Young People (Safety) Act 2017" and substitute: Chief Executive under the Children and Young People (Safety and Support) Act 2025 22—Amendment of section 99—Issue of summons for maintenance Section 99(2)—delete "Minister or the Chief Executive under the Children and Young People (Safety) Act 2017" and substitute: Chief Executive under the Children and Young People (Safety and Support) Act 2025 23—Amendment of section 142—Evidentiary provision Section 142(f)—delete "Children and Young People (Safety) Act 2017" and substitute: 24—Amendment of section 251—Regulations Section 251(i)—delete "Minister or the Chief Executive, or the Chief Executive under Children and Young People (Safety) Act 2017" and substitute: Chief Executive under Children and Young People (Safety and Support) Act 2025 Part 14—Amendment of Health and Community Services Complaints Act 2004 25—Amendment of section 4—Interpretation (1) Section 4(1), definition of community service—after "risk" wherever occurring insert: of harm (2) Section 4(1), definition of community service, (c)—delete "Children and Young People (Safety) Act 2016" and substitute: 26—Amendment of section 28A—Commissioner to refer certain complaints to Ombudsman (1) Section 28A(8), definition of at risk—delete the definition and substitute: at risk of harm has the same meaning as in the Children and Young People (Safety and Support) Act 2025; (2) Section 28A(8), definition of prescribed child protection complaint—after "risk" wherever occurring insert: of harm (3) Section 28A(8), definition of prescribed child protection complaint, (a)(iv)—delete "Minister or another person under the Children and Young People (Safety) Act 2016" and substitute: Chief Executive or another person under the Children and Young People (Safety and Support) Act 2025 Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009 27—Amendment of section 3—Interpretation (1) Section 3(1), definition of relevant public sector agency, (a)—delete "Children's Protection Act 1993" and substitute: (2) Section 3(1), definition of State child protection order—delete "or the Children and Young People (Safety) Act 2017" and substitute: , the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025 28—Amendment of section 16—Inconsistent Family Law Act or State child protection orders Section 16(2)—delete subsection (2) and substitute: (2) An intervention order prevails over a State child protection order (being an order made under Part 10 of the Children and Young People (Safety and Support) Act 2025, or a corresponding order under section 38 of the Children's Protection Act 1993 or section 53 of the Children and Young People (Safety) Act 2017) to the extent of any inconsistency (but the Youth Court may resolve the inconsistency by varying or revoking the order on application under the Children and Young People (Safety and Support) Act 2025). 29—Amendment of section 20—Application to Court for Intervention order Section 20(1)(d)—delete paragraph (d) and substitute: (d) if the defendant or a person protected by the order is a child and there is a State child protection order in force in respect of the child—the Chief Executive within the meaning of the Children and Young People (Safety and Support) Act 2025; or 30—Amendment of section 26—Intervention orders Section 26(1)(c)—delete paragraph (c) and substitute: (c) if the defendant or a person protected by the order is a child and there is a State child protection order (being an order made under Part 10 of the Children and Young People (Safety and Support) Act 2025, or a corresponding order under section 38 of the Children's Protection Act 1993 or section 53 of the Children and Young People (Safety) Act 2017) in force in respect of the child—the Minister to whom the administration of the Children and Young People (Safety and Support) Act 2025 is committed; or Part 16—Amendment of Mental Health Act 2009 31—Amendment of section 86—Minister's functions Section 86(c)—after "Children and Young People (Safety) Act 2017" insert: Part 17—Amendment of Ombudsman Act 1972 32—Amendment of section 12C—Time within which complaints may be made Section 12C—after subsection (1) insert: (1a) Despite subsection (1), the Ombudsman may entertain a complaint under this Act of the following kinds if the complaint is made within 2 years from the day on which the complainant first had notice of the matters alleged in the complaint: (a) a prescribed child protection complaint (within the meaning of section 28A of the Health and Community Services Complaints Act 2004); (b) a complaint, or complaint of a class, prescribed by the regulations (being a complaint relating to the performance of functions by or on behalf of the Department under the Children and Young People (Safety and Support) Act 2025). (1b) To avoid doubt, subsection (1a)(a) applies whether the prescribed child protection complaint— (a) is made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016; or (b) is referred to the Ombudsman by the Commissioner under section 28A of the Health and Community Services Complaints Act 2004; or (c) is made under this Act. 33—Amendment of section 13—Matters subject to investigation Section 13(6), definition of at risk—delete the definition Part 18—Amendment of Residential Tenancies Act 1995 34—Amendment of section 89A—Termination based on domestic abuse Section 89A(9)(b)—delete paragraph (b) and substitute: (b) an order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025; 35—Amendment of section 105UA—Termination based on abuse of rooming house resident Section 105UA(7)(b)—delete paragraph (b) and substitute: (b) an order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025; 36—Amendment of section 112—Restraining orders Section 112(1b)(b)—delete paragraph (b) and substitute: (b) an order made under the Children's Protection Act 1993, the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025; Part 19—Amendment of Sentencing Act 2017 37—Amendment of section 71—Home detention orders (1) Section 71(5), definition of foster parent, (b)—delete "section 77 of the Children and Young People (Safety) Act 2017" and substitute: section 136 of the Children and Young People (Safety and Support) Act 2025 (2) Section 71(7)(h)—delete "Children and Young People (Safety) Act 2017" and substitute: 38—Amendment of section 96—Suspension of imprisonment on defendant entering into bond (1) Section 96(9), definition of foster parent, (b)—delete "section 77 of the Children and Young People (Safety) Act 2017" and substitute: section 136 of the Children and Young People (Safety and Support) Act 2025 (2) Section 96(11)(h)—delete "Children and Young People (Safety) Act 2017" and substitute: