Part 4Transitional provisions relating to Children and Young People (Safety) Act 2017

Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017 22—Interpretation (1) Subject to this Part, and unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Safety) Act 2017 has the same meaning as in that Act. (2) In this Part— repealed Act means the Children's Protection Act 1993. 23—References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc (1) For the purposes of the Children and Young People (Safety) Act 2017, a reference in that Act to a working with children check will be taken to include a reference to an assessment of relevant history. (2) For the purposes of section 72(3)(b)(i) of the Children and Young People (Safety) Act 2017, a reference in that subparagraph to having regard to the operation of the Child Safety (Prohibited Persons) Act 2016 will, to the extent that it includes having regard to the working with children check scheme, will be taken to include a reference to having regard to the operation of sections 8B and 8BA of the Children's Protection Act 1993 (as in force immediately before the commencement of this section). (3) For the purposes of paragraph (b) of the definition of prescribed organisation in section 114(7) of the Children and Young People (Safety) Act 2017, a reference in that paragraph to persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to organisations to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this section. 23A—Certain placements to continue as placements under Children and Young People (Safety) Act 2017 A placement of a child or young person by the Minister under the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 77 or 84 of the Children and Young People (Safety) Act 2017 (as the case requires) (and the placement will, for the purposes of that Act, be taken to be a placement under the relevant section). 24—Chief Executive to be guardian of certain children and young people (1) This section applies to a child or young person who was, immediately before the commencement of this section, under the guardianship of the Minister pursuant to an order of the Court under the repealed Act. (2) On the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be under the guardianship of the Chief Executive. (3) A placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 of the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section). (4) On the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as guardian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity. 25—Chief Executive to have custody of certain children and young people (1) This section applies to a child or young person who was, immediately before the commencement of this section, in the custody of the Minister pursuant to an order of the Court under the repealed Act. (2) Subject to this section, on the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be in the custody of the Chief Executive. (3) A placement of a child or young person to whom this section applies pursuant to the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 84 the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section). (4) On the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as custodian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity. 26—Continuation of voluntary custody agreements (1) Subject to this section and the Children and Young People (Safety) Act 2017, a voluntary custody agreement under section 9 of the repealed Act in force immediately before the commencement of this section will continue in accordance with its terms (and the agreement will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a voluntary custody agreement under section 96 of that Act). (2) A reference in a voluntary custody agreement continued under this section to the Minister will be taken to be a reference to the Chief Executive. 26A—Certain proceedings continued as proceedings under Children and Young People (Safety) Act 2017 Despite a provision of any other Act or law, proceedings under the repealed Act commenced, but not finally determined, in the Youth Court of South Australia before 22 October 2018 will continue and will, for all purposes, be taken to be proceedings commenced under Chapter 6 of the Children and Young People (Safety) Act 2017. 27—Continuation of approved foster parents as approved carers (1) Subject to this section, a person who was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972 will be taken to be an approved carer under the Children and Young People (Safety) Act 2017 (and the approval of the person will be taken to have been granted under section 72 of that Act). (2) A permission of the Chief Executive Officer under section 43(3) of the Family and Community Services Act 1972 relating to the number of foster children that a foster parent referred to in subsection (1) is permitted to have in their care will be taken to continue to apply to the approved carer according to its terms. (3) The approval of a person as an approved carer under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the person's approval immediately before the commencement of this section. 28—Continuation of licensed foster care agencies (1) A licence of a person as a foster care agency granted under section 48 of the Family and Community Services Act 1972 and in force immediately before the commencement of this section— (a) will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to carry on a foster care agency under that Act; and (b) will be taken to have been granted under section 99 of that Act. (2) A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section. (3) A record that was, pursuant to section 50 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 101(2) of the Children and Young People (Safety) Act 2017, be taken to be records required to be kept under that subsection. 29—Continuation of licence to maintain children's residential facilities (1) A licence to maintain a children's residential facility granted under section 51 of the Family and Community Services Act 1972 (being a licence in force immediately before the commencement of this section)— (a) will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to operate a children's residential facility under that Act; and (b) will be taken to have been granted under section 105 of that Act. (2) A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section. (3) A register that was, pursuant to section 53 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 108(2) of the Children and Young People (Safety) Act 2017, be taken to be a record required to be kept under that subsection. 30—Notifications of abuse or neglect and investigations etc under repealed Act to continue (1) A notification made under section 11 of the repealed Act that a person suspects that a child has been or is being abused or neglected will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a report made by the person under section 31 of that Act. (2) An investigation under section 19 of the repealed Act that was commenced but not completed before the commencement of this section will be taken to continue as an investigation of the relevant kind under Chapter 5 Part 2 of the Children and Young People (Safety) Act 2017 (and, to avoid doubt, the Chief Executive may exercise the powers of investigation or direction under that Part accordingly). 31—Continuation of family care meetings under repealed Act (1) Subject to this section, a family care meeting convened under Part 5 of the repealed Act before the commencement of this section will continue as a family group conference convened under Chapter 4 Part 2 of the Children and Young People (Safety) Act 2017. (2) A family group conference as continued under this section will, subject to the Children and Young People (Safety) Act 2017, consist of the same persons as the original family care meeting. (3) The procedures applicable to a family care meeting continued under this section will, subject to the Children and Young People (Safety) Act 2017, be taken to apply to the family group conference. 31A—Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017 An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (not being an order referred to in section 32(1) of this Act) will be taken to continue in accordance with its terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be an order under section 53 of that Act. 31B—Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017 The following orders of the Court under the repealed Act in force immediately before the commencement of this section will be taken to continue in accordance with their terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be interim orders made by the Court under section 53 of that Act: (a) an order referred to in section 39(2)(b) of the repealed Act; (b) an order made under section 21(1) of the repealed Act. 32—Orders relating to access to child or young person to continue as determination of Chief Executive (1) An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (being an order relating to access to a specified child (however described)) is, by force of this section, revoked. (2) The Chief Executive will, in respect of each child or young person to whom an order revoked under subsection (1) relates, be taken to have made a determination under section 93 of the Children and Young People (Safety) Act 2017 in such terms as to give continuing effect to the terms of the revoked order (and the determination will, for the purposes of that Act, be taken to be a determination under section 93 of that Act). 33—Continuation of certain delegations under Family and Community Services Act 1972 (1) A delegation by the Minister or the Chief Executive under section 8 of the Family and Community Services Act 1972 relating to a matter that is the subject of the Children and Young People (Safety) Act 2017 and that is in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Minister or Chief Executive (as the case requires) of the relevant powers under section 146 of that Act). (2) A delegation by the Minister under section 80 of the Family and Community Services Act 1972 in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Chief Executive of the relevant powers under section 76 of that Act). 34—References to Families SA On the commencement of this section, a reference in any Act, or any order or other instrument or document, to Families SA will, for all purposes, be taken to be a reference to the Department. 35—Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people For the purposes of Chapter 7 Part 8 of the Children and Young People (Safety) Act 2017, a child or young person whose guardianship or custody arrangements are continued under this Part will be taken to be a child or young person placed in the guardianship or custody of a person under that Act. 36—Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017 (1) This section applies to in relation to prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section. (2) The prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to be a policy or policies prepared or adopted by the organisation in accordance with section 114(1) of that Act. (3) An organisation to which section 8C of the repealed Act applied immediately before the commencement of this section (being an organisation that has complied with the requirements under section 8C(3) of the repealed Act) will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to have complied with the requirements of section 114(3) of that Act. (4) In this section— prescribed policies and procedures means policies and procedures put in place by an organisation in accordance with section 8C of the repealed Act and in force immediately before the commencement of this section. 37—Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017 (1) This section applies to a person who was, immediately before the commencement of this section— (a) 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 (b) 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. (2) A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act. (3) It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of a specified child or young person (including, to avoid doubt, a direction requiring the person to submit to a working with children check). (4) The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit. (5) The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section. (6) An approval under this section will remain in force until— (a) the end of the transitional period; or (b) the approval is cancelled under subsection (7), (7) However, the approval of a person under this section is, by force of this section, cancelled if— (b) the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or (c) the person refuses or fails to comply with a direction under subsection (3); or (d) the person contravenes a condition under subsection (4). (8) For the purposes of this section, a reference to the Department will be taken to include a reference to an administrative unit of the Public Service that was, at the relevant time, assisting a Minister in the administration of the repealed Act. 38—Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017 (1) This section applies to a person or body, or a person or body of a class, prescribed by the Chief Executive by notice in the Gazette. (2) A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act. (3) It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of children or young people (including, to avoid doubt, a direction requiring the person to submit to a working with children check). (4) The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit. (5) The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section. (6) An approval under this section will remain in force until— (a) the end of the transitional period; or (b) the approval is cancelled under subsection (7), (7) However, the approval of a person under this section is, by force of this section, cancelled if— (b) the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or (c) the person refuses or fails to comply with a direction under subsection (3); or (d) the person contravenes a condition under subsection (4).