Part 23Amendment of Youth Justice Administration Act 2016

Part 23—Amendment of Youth Justice Administration Act 2016 148—Amendment of section 3—Objects and guiding principles Section 3(1)(g)—delete "Minister, or of whom the Minister has custody, under the Children's Protection Act 1993" and substitute: Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017 149—Amendment of section 4—Interpretation (1) Section 4(1)—after the definition of Chief Executive insert: Child and Young Person's Visitor means the Child and Young Person's Visitor under the Children and Young People (Safety) Act 2017; (2) Section 4(1), definition of guardian—delete "Minister under the Children's Protection Act 1993" and substitute: Chief Executive under the Children and Young People (Safety) Act 2017 (3) Section 4(1), definition of Guardian for Children and Young Persons—delete the definition and substitute: Guardian for Children and Young People means the Guardian for Children and Young People appointed under the Children and Young People (Oversight and Advocacy Bodies) Act 2017; 150—Amendment of section 10—Official visitors Section 10—after "Visitor" insert: , the Child and Young Person's Visitor 151—Amendment of section 14—Training Centre Visitor's functions Section 14(2)(b)(i)—delete "Minister under the Children's Protection Act 1993" and substitute: Chief Executive under the Children and Young People (Safety) Act 2017 152—Amendment of section 43—Community programs Section 43(3)(b)—delete "Minister, or of whom the Minister has custody, under the Children's Protection Act 1993" and substitute: Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017 153—Insertion of section 21A After section 21 insert: 21A—Persons not to be employed in training centres etc unless assessed (1) A person must not be employed in a training centre or other facility established by the Minister under section 21 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section. (2) However, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection. (3) A person who is employed in a training centre or other facility in contravention of subsection (1) is guilty of an offence. (a) for a first or second offence—$20 000; (b) for a third or subsequent offence—$50 000 or imprisonment for 1 year. (4) A person who employs, or continues to employ, a person in a training centre or other facility in contravention of subsection (1) is guilty of an offence. (a) in the case of a natural person—$50 000 or imprisonment for 1 year; or (b) in the case of a body corporate—$120 000. (5) For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who— (a) is a self‑employed person; or (b) carries out work under a contract for services; or (c) carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or (d) undertakes practical training as part of an educational or vocational course; or (e) carries out work as a volunteer; or (f) performs unpaid community work in accordance with an order of a court, and a reference to employ is to be construed accordingly. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • 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 Act and amendments New entries appear in bold. Year No Title Assent Commencement Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 19.12.2017 except ss 22, 23, 26, 60, 147, 149(1), 150—26.2.2018 and except ss 24, 25, 27 to 33, 35 to 42, 47, 48, 58, 61 to 66, 74 to 125, 129 to 131, 148, 149(2), 151 to 153—22.10.2018 (Gazette 19.12.2017 p5119) and except ss 5 to 17, 43(2), 44, 67 to 73, 126 to 128, 132 to 146—1.7.2019 (Gazette 17.1.2019 p93) (s 43(1) deleted by 9/2019 without coming into operation) Children and Young People (Safety) (Miscellaneous) Amendment Act 2018 18.10.2018 Sch 1 (cll 1 to 6)—22.10.2018 (Gazette 18.10.2018 p3821) Statutes Amendment (Screening) Act 2019 16.5.2019 Pt 3 (ss 16 & 17)—1.7.2019 (Gazette 27.6.2019 p2322) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 2 expired: s 6 (30.6.2022) ss 8A and 8B inserted by 9/2019 s 16 1.7.2019 s 12 s 12(1) amended by 17/2018 Sch 1 cl 1 s 13 s 13(1) amended by 17/2018 Sch 1 cl 2 s 14 s 14(1) amended by 17/2018 Sch 1 cl 3 Pt 3 expired: s 19 (30.6.2022) Pt 4 s 23A inserted by 17/2018 Sch 1 cl 4 s 26A inserted by 17/2018 Sch 1 cl 5 ss 31A and 31B inserted by 17/2018 Sch 1 cl 6 Pt 7 s 43 s 43(1) deleted by 9/2019 s 17 1.7.2019 Historical versions