Part 7Provisions of general application

Part 7—Provisions of general application 236A—Hindering a person in execution of duty A person who hinders the Chief Executive or any other person in the execution, performance or discharge of a power, function or duty under this Act is guilty of an offence. Penalty: Division 7 fine or division 7 imprisonment. 236B—Impersonating an employee of the Department A person who falsely represents himself or herself by word or conduct to be an employee of the Department and to be authorised by or pursuant to this Act or any other Act to exercise certain powers is guilty of an offence. Penalty: Division 7 fine or division 7 imprisonment. 237—Exclusion of persons from the hearing of certain cases (1) Where in any proceedings there are circumstances that make it desirable, in the interests of the proper administration of justice, that the proceedings, or any part of the proceedings, should not be heard in open court, the court may order that any persons (not being party to the proceedings, their counsel or solicitors, or employees of the Department) be excluded during the hearing of those proceedings, or that part of the proceedings. (2) At the hearing of a complaint in an affiliation case only the following persons are permitted to be present in the court: (a) the adjudicating judge, magistrate or justice and the officers of the court; (b) the complainant and the defendant and their respective counsel and solicitors, and the clerks of the counsel or solicitors; (c) the mother, sister, or friend of the complainant, if the complainant desires the presence of any such person; (d) any person while being examined as a witness; (e) the mother, sister, or female friend of any female witness if she desires the presence of any such person while she is being examined as a witness; (f) employees of the Department, unless the court thinks fit to permit any other person to be present. 238—Restriction on publication of reports on affiliation proceedings etc (1) A person who prints or publishes or causes or procures to be printed or published any particulars whatsoever in relation to any complaint or proceedings under this Act arising from the birth of a child outside marriage or concerning an affiliation case, or in relation to any proceedings incidental to such a complaint or proceedings, is guilty of an offence. Penalty: Division 5 fine. (2) A person who sells, or distributes or causes or procures to be sold or distributed or who has in his or her possession for sale or distribution any newspaper or document containing or purporting to contain any matter or details or particulars the printing or publication of which would be a contravention of this section is guilty of an offence. Penalty: Division 5 fine. (4) This section does not apply to— (a) the printing, sale, distribution or possession of any pleading, transcript of evidence or other document for the purposes of the proceedings; or (b) the printing or publishing of any notice or report in pursuance of the directions of the adjudicating court; or (c) any matter that forms part of a genuine series of reports of proceedings in courts of law which reports do not form part of any other publication; or (d) any publication of a technical character primarily intended for circulation amongst members of the legal or medical professions or amongst persons engaged in community welfare work. (5) No prosecution for an offence against this section may be commenced by any person without the authority in writing of the Minister. 239—Institution and conduct of proceedings (1) Where a person is entitled to bring proceedings under this Act, the Minister may, upon the request of that person, institute and conduct those proceedings in the name, and on behalf, of that person. (1a) Where proceedings are brought for the discharge, variation or suspension of a maintenance order, the Minister may, upon the request of the person against whom the proceedings are brought, defend those proceedings. (2) Any proceedings that may be taken under this Act may be taken by an employee of the Department. (3) The Crown Solicitor may represent any party in proceedings under this Act. 240—Evidentiary provision (1) An apparently genuine document purporting to be an order, authorization or document under the hand or seal of the Minister, or under the hand of the Chief Executive, will, in any legal proceedings, be taken, in the absence of evidence to the contrary, to be an order, authorization or document duly made or executed by the Minister or the Chief Executive, as the case may require. (2) In any proceedings under this Act taken by an employee of the Department, an allegation that any premises or place referred to in the complaint were or was a children's residential facility established or licensed under this Act will, in the absence of evidence to the contrary, be taken to be proved. 242—The Chief Executive may require report (1) The Chief Executive may require any person whom he or she believes to be in a position to do so, to furnish the Chief Executive with a report as to the financial circumstances or transactions of— (a) any person who has applied for financial assistance under this Act, or on whose behalf such an application has been made; or (b) any person who is in receipt of any such assistance; or (d) any person from whom maintenance is sought under this Act; or (e) any person who is, pursuant to any provision of this Act or the order of any court, required to pay any money to the Chief Executive. (2) A person who fails to comply with a requirement under subsection (1) or who furnishes a report that is false or misleading in any material particular is guilty of an offence. 243—Ascertainment of earnings (1) Where in any proceedings under this Act, it is material to ascertain the earnings of a person, the court may receive as evidence of those earnings a statement in writing signed by— (a) the employer of that person; or (b) a person employed by that employer as manager, secretary, accountant, or in such other capacity as, in the opinion of the court, qualifies the person to testify of his or her own knowledge to the earnings of the person whose earnings are in question; or (c) a member of the police force of this State, any other State or Territory of the Commonwealth, or of the Commonwealth, who has ascertained, or claims in the statement to have ascertained, from a person referred to in paragraph (a) or (b), any information as to the earnings of that person. (2) Where in any proceedings under this Act, it is material to ascertain the financial position of any person, the court may receive as evidence of the person's financial position a statement in writing signed by him or her. (3) A document purporting to be a statement in writing under subsection (1) or (2) will, in any proceedings under this Act, in the absence of evidence to the contrary, be accepted without further proof as a statement under this section. 244—Appropriation of maintenance payments Any money paid in pursuance of an order for maintenance, (whether made in pursuance of this Act, or any other Act or law) will, subject to any order of a court, or any direction of the defendant, as to the appropriation of the money, be taken to have been paid towards the discharge— (a) first, of any liability (apart from a liability to pay costs) arising under the order, a liability falling due at an earlier date being discharged before the money is applied towards the discharge of a liability falling due at a later date; (b) secondly, towards the discharge of any liability to pay costs in the proceedings in which the order was made. 245—Evidence of spouses The spouse of any person is competent and compellable to give evidence for or against that person in any proceedings under this Act. 246—Officer of Department not to be compelled to give certain evidence etc No employee of the Department, or other person holding any office or position under this Act, may, in any proceedings before a court, be compelled to give evidence, or produce any document relating to any matter in connection with which any employee of the Department or other person has in the course of his or her duties given advice to, or been consulted by, any person, except— (a) where the evidence or document relates specifically to the payment or non-payment of maintenance or financial assistance; or (b) where the evidence relates to, or the document constitutes, correspondence between an employee of the Department and a party to the proceedings who is not represented by an employee of the Department. 247—Application of Act to persons residing outside the State (1) Subject to the Service and Execution of Process Act 1901 of the Commonwealth, the obligations created by this Act may be enforced against defendants who reside outside the boundaries of this State. (2) A summons or other process issued under this Act may be served either in this State or in any other State or Territory of the Commonwealth. 248—Continuity of order Subject to this Act, an order made pursuant to this Act is not revoked by a subsequent order unless the subsequent order expressly or by necessary implication revokes or varies the former order. 249—Orders need not be served Except as otherwise expressly provided by this Act, an order is valid notwithstanding that no copy or notice of the order has been served on the defendant. 251—Regulations The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act and, without limiting the generality of the foregoing, regulations may be made with respect to the following matters— (a) the duties, powers, authorities and privileges, of persons employed in the administration of this Act; (b) the composition, and the meetings and proceedings of any advisory committee; (c) the management, control and supervision of children's residential facilities or other facilities established by the Minister; (i) the provision of allowances for children under the guardianship or in the custody of the Minister or the Chief Executive, or the Chief Executive under the Children and Young People (Safety) Act 2017, pursuant to an order under that or any other Act; (j) the management and control of property vested in, or in the control of the Minister; (m) the manner in which a person may apply for assistance under this Act; (n) the regulation of any matters relating to blood tests made for the purposes of affiliation cases; (o) the regulation of any matters or procedures relating to maintenance or the recovery of money in connection with maintenance; (r) prescribing fines, not exceeding a division 8 fine, for breach of, or non-compliance with, any regulation. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • 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 . Formerly Community Welfare Act 1972 Legislation repealed by principal Act The Family and Community Services Act 1972 repealed the following: Aboriginal Affairs Act 1962 Aboriginal Affairs Act Amendment Act 1967 Aboriginal Affairs Act Amendment Act 1968 Children's Protection Act 1936 Children's Protection Act Amendment Act 1961 Children's Protection Act Amendment Act 1969 Maintenance Act 1926 Maintenance Act Amendment Act 1930 Maintenance Act 1937 Maintenance Act Amendment Act 1937 Maintenance Act Amendment Act 1941 Maintenance Act Amendment Act 1946 Maintenance Act Amendment Act 1948 Maintenance Act Amendment Act 1950 Maintenance Act Amendment Act 1952 Maintenance Act Amendment Act 1957 Maintenance Act Amendment Act 1958 Maintenance Act Amendment Act 1963 Maintenance Act Amendment Act 1965 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Community Welfare Act 1972 27.4.1972 1.7.1972 (Gazette 29.6.1972 p2689) except Pt 4 Div 2 Subdiv 6—deleted by 67/1981 and except s 112—15.1.1987 (Gazette 15.1.1987 p55) Community Welfare Act Amendment Act 1973 6.12.1973 20.12.1973 (Gazette 20.12.1973 p3337) Community Welfare Act Amendment Act 1975 10.4.1975 12.6.1975 (Gazette 12.6.1975 p2260) Statute Law Revision Act (No. 3) 1975 Community Welfare Act Amendment Act (No. 2) 1975 29.1.1976 (Gazette 29.1.1976 p356) Community Welfare Act Amendment Act 1976 16.12.1976 7.4.1977 (Gazette 7.4.1977 p1070) Community Welfare Act Amendment Act 1979 15.3.1979 5.7.1979 (Gazette 5.7.1979 p4) Community Welfare Act Amendment Act 1981 15.10.1981 2.5.1983 (Gazette 28.4.1983 p944) except s 21—2.7.1984 (Gazette 7.6.1984 p1526) and except the part of s 34 inserting s 250B—uncommenced Tobacco Sales to Children (Prohibition) Act 1984 Family Relationships Act Amendment Act 1984 20.12.1984 14.2.1985 (Gazette 14.2.1985 p366) Children's Services Act 1985 28.3.1985 Sch 2—5.9.1985 (Gazette 5.9.1985 p700), 12.9.1985 (Gazette 12.9.1985 p796) and 1.10.1985 (Gazette 26.9.1985 p944) Statute Law Revision Act 1986 20.3.1986 Sch 4—1.1.1990 (Gazette 14.12.1989 p1768) Community Welfare Act Amendment Act 1988 21.4.1988 1.9.1988 (Gazette 25.8.1988 p794) Community Welfare (Children) Amendment Act 1993 4.11.1993 1.1.1994 (Gazette 4.11.1993 p2166) Statutes Amendment (Sentencing of Young Offenders) Act 1996 15.8.1996 8.10.1996 (Gazette 29.8.1996 p810) Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 23)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) Justices of the Peace Act 2005 17.11.2005 Sch 2 (cll 22—25)—1.7.2006 (Gazette 22.6.2006 p2012) Children's Protection (Miscellaneous) Amendment Act 2005 8.12.2005 Sch 1 (cl 1)—1.2.2006 (Gazette 19.1.2006 p237) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 34 (ss 126 & 127)—4.9.2006 (Gazette 17.8.2006 p2831) Health Care Act 2008 13.3.2008 Sch 4 (cl 9)—1.7.2008 (Gazette 26.6.2008 p2563) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 62 (ss 138—140)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Act 2016 17.3.2016 Pt 3 (s 6)—17.9.2016: s 2 Youth Justice Administration Act 2016 17.3.2016 Sch 1 (cll 8—12)—1.12.2016 (Gazette 8.9.2016 p3677) Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 14 (ss 74 to 115)—22.10.2018 (Gazette 19.12.2017 p5119) Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 6 (ss 10 to 14)—1.5.2020 (Gazette 30.4.2020 p838) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 18 to 24)—uncommenced Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 275. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title Pt 1