South Australia regulation

Children and Young People (Safety) (Transitional Provisions) Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

These regulations provide short transitional rules for when the Children and Young People (Safety) Act 2017 commenced on 26 February 2018. They treat certain references in the new Act as including equivalent proceedings, custody or guardianship arrangements and "approved carer" statuses that arose under earlier laws so existing court orders, departmental registrations and temporary approvals continue to operate without interruption.

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Children and Young People (Safety) (Transitional Provisions) Regulations 2017

South Australia Children and Young People (Safety) (Transitional Provisions) Regulations 2017 under the Children and Young People (Safety) Act 2017

Contents 1 Short title 2 Commencement 3 Interpretation 4 Transitional provision relating to commencement of section 59 of the Act 5 Transitional provision relating to references to approved carers Legislative history

1—Short title These regulations may be cited as the Children and Young People (Safety) (Transitional Provisions) Regulations 2017. 2—Commencement These regulations will come into operation on 26 February 2018. 3—Interpretation In these regulations— Act means the Children and Young People (Safety) Act 2017. 4—Transitional provision relating to commencement of section 59 of the Act Pursuant to section 170(3)(c) of the Act— (a) a reference in section 59(1) of the Act to proceedings on an application to the Court for orders will be taken to include a reference to such proceedings under the Children's Protection Act 1993; and (b) a reference in section 59(1) of the Act to a child or young person who is, pursuant to an order of the Court, under the guardianship, or in the custody, of the Chief Executive or another person or persons will be taken to include a reference to a child or young person who is, pursuant to an order of the Court under the Children's Protection Act 1993, under the guardianship, or in the custody, of the Minister to whom the administration of the Children's Protection Act 1993 is committed or another person or persons. 5—Transitional provision relating to references to approved carers Pursuant to section 170(3)(c) of the Act, a reference in Chapter 7 Part 1 Division 4 of the Act to an approved carer will be taken to include a reference to a person who is— (a) an approved foster parent under section 43 of the Family and Community Services Act 1972; or (b) — (i) caring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and (ii) the subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2017 355 Gazette 19.12.2017 p5264 26.2.2018: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Children and Young People (Safety) (Transitional Provisions) Regulations 2017

South Australia Children and Young People (Safety) (Transitional Provisions) Regulations 2017 under the Children and Young People (Safety) Act 2017