CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017

Table of Provisions

• Long Title
Chapter 1--Preliminary

• 1 Short title
• 3 Act to bind, and impose criminal liability on, the Crown
Chapter 2--Guiding principles for the purposes of this Act

PART 1--The importance to the State of children and young people

• 4 Parliamentary declaration
• 5 Duty to safeguard and promote the welfare of children and young people
• 6 Interaction with other Acts

PART 2--Priorities in the operation of this Act

• 7 Safety of children and young people paramount
• 8 Other needs of children and young people
• 9 Early intervention

PART 3--Principles to be applied in operation of this Act

• 10 Principles of intervention
• 11 Placement principles
• 12 Aboriginal and Torres Strait Islander Child Placement Principle

PART 4--Charter of Rights for Children and Young People in Care

• 13 Charter of Rights for Children and Young People in Care

PART 5--Additional functions of Minister

• 14 Additional functions of Minister
• 15 Additional annual reporting obligations
Chapter 3--Interpretation
• 16 Interpretation
• 17 Meaning of harm
• 18 Meaning of at risk
• 19 Minister may publish policies
Chapter 4--Managing risks without removing child or young person from their home

PART 1--Child and Family Assessment and Referral Networks

• 20 Minister may establish Child and Family Assessment and Referral Networks

PART 2--Family group conferences

• 21 Purpose of family group conferences
• 22 Chief Executive or Court may convene family group conference
• 23 Who may attend a family group conference
• 24 Procedures at family group conference
• 25 Review of arrangements
• 26 Chief Executive etc to give effect to decisions of family group conference
• 27 Statements made at family group conference not admissible

PART 3--Case planning

• 28 Chief Executive to prepare case plan in respect of certain children and young people
• 29 Chief Executive etc to give effect to case plan
Chapter 5--Children and young people at risk

PART 1--Reporting of suspicion that child or young person may be at risk

• 30 Application of Part
• 31 Reporting of suspicion that child or young person may be at risk

PART 2--Responding to reports etc that child or young person may be at risk

• 32 Chief Executive must assess each report indicating child or young person may be at risk
• 33 Chief Executive may refer matter
• 34 Chief Executive may investigate circumstances of a child or young person
• 35 Chief Executive may direct that child or young person be examined and assessed
• 36 Chief Executive may direct person to undergo certain assessments
• 37 Random drug and alcohol testing
• 38 Chief Executive may direct certain persons to undertake rehabilitation program
• 39 Forensic materials not to be used for other purposes and test results inadmissible in other proceedings
• 40 Destruction of forensic material

PART 3--Removal of child or young person

• 41 Removal of child or young person
• 42 Action following removal of child or young person
• 43 Custody of removed child or young person

PART 4--Chief Executive to assume guardianship of child or young person where parent found guilty of certain offences

• 44 Interpretation
• 45 Temporary instruments of guardianship
• 46 Restraining notices
• 47 Court may extend period
• 48 Certain information to be provided to Chief Executive
Chapter 6--Court orders relating to children and young people

PART 1--Applications for Court orders

• 49 Who may make application for Court orders
• 50 When application can be made for Court orders
• 51 Parties to proceedings
• 52 Copy of application to be served on parties

PART 2--Orders that can be made by Court

• 53 Orders that may be made by Court
• 54 Consent orders
• 55 Variation, revocation or discharge of orders
• 56 Adjournments
• 57 Court not bound by rules of evidence
• 58 Standard of proof
• 59 Onus on objector to prove order should not be made
• 60 Orders for costs
• 61 Non-compliance with orders

PART 3--Child or young person to be heard in proceedings

• 62 Views of child or young person to be heard

PART 4--Representation of children and young people

• 63 Legal practitioners to comply with this section when representing child or young person
• 64 Limitations on orders that may be made if child or young person unrepresented

PART 5--Miscellaneous

• 65 Conference of parties
• 66 Interested persons may be heard
• 67 Court may refer a matter to a family group conference
• 68 Effect of guardianship order
Chapter 7--Children and young people in care

PART 1--Approved carers

Division 1--Preliminary

• 69 Interpretation
• 70 Chief Executive may establish different categories of approved carers

Division 2--Approval of carers

• 71 Out of home care only to be provided by approved carers
• 72 Approval of carers
• 73 Ongoing reviews of approved carers
• 74 Cancellation of approval
• 75 Certain information to be provided to Chief Executive
• 76 Delegation of certain powers to approved carer

Division 3--Temporary placement of child or young person where approved carer not available

• 77 Temporary placement of child or young person where approved carer not available

Division 4--Information and involvement in decision-making

• 78 Interpretation
• 79 Approved carers to be provided with certain information prior to placement
• 80 Children and young people to be provided with certain information prior to placement
• 81 Approved carers to be provided with certain information
• 82 Approved carers entitled to participate in decision-making process
• 83 Non-compliance with Division not to invalidate placement

PART 2--Children and young people in Chief Executive's custody or guardianship

• 84 Chief Executive's powers in relation to children and young people in Chief Executive's custody or guardianship
• 85 Review of circumstances of prescribed child or young person
• 86 Direction not to communicate with, be in company of, harbour or conceal child or young person
• 87 Offence of harbouring, concealing etc absent child or young person
• 88 Unlawful taking of child or young person

PART 3--Transition to long-term guardianship

• 89 Certain approved carers may apply to Chief Executive to seek long-term guardianship order
• 90 Long-term care plan to be prepared
• 91 Chief Executive to apply to Court for order to place child or young person under long-term guardianship

PART 4--Contact arrangements in respect of children and young people

• 92 Application of Part
• 93 Contact arrangements to be determined by Chief Executive
• 94 Contact Arrangements Review Panel
• 95 Review by Contact Arrangements Review Panel

PART 5--Voluntary custody agreements

• 96 Voluntary custody agreements

PART 6--Foster care agencies

• 97 Interpretation
• 98 Foster care agencies to be licensed
• 99 Licence to carry on business as foster care agency
• 100 Cancellation of licence
• 101 Record keeping
• 102 Ongoing reviews of approved carers by agency

PART 7--Licensed children's residential facilities

• 103 Interpretation
• 104 Children's residential facilities to be licensed
• 105 Licence to operate children's residential facility
• 106 Cancellation of licence
• 107 Persons not to be employed in licensed children's residential facility unless they have been assessed
• 108 Record keeping
• 109 Child protection officer may inspect licensed children's residential facility
• 110 Chief Executive to hear complaints

PART 7A--Assessment of employees in other residential facilities

• 110A Persons not to be employed in certain residential facilities unless assessed

PART 8--Provision of assistance to care leavers

• 111 Chief Executive to assist persons leaving care
• 112 Minister to arrange assistance for eligible care leavers

PART 9--Miscellaneous

• 112A Chief Executive may provide assistance to persons caring for children and young people
• 113 Agreement for funeral arrangements of children and young people in care
Chapter 8--Providing safe environments for children and young people
• 114 Certain organisations must have policies and procedures to ensure safe environments provided
• 115 Policies and procedures to be reviewed
Chapter 9--Child and Young Person's Visitor scheme
• 116 Interpretation
• 117 Child and Young Person's Visitor
• 118 Functions and powers
• 119 Reporting obligations
Chapter 10--Transfer of certain orders and proceedings between South Australia and other jurisdictions

PART 1--Preliminary

• 120 Purpose of Chapter
• 121 Interpretation

PART 2--Administrative transfer of child protection order

• 122 When Chief Executive may transfer order
• 123 Persons whose consent is required
• 124 Chief Executive to have regard to certain matters
• 125 Notification to child, parents and guardians
• 126 Review of decision may be sought

PART 3--Judicial transfer of child protection order

• 127 When Court may make order under this Part
• 128 Type of order
• 129 Court to have regard to certain matters
• 130 Duty of Chief Executive to inform the Court of certain matters

PART 4--Transfer of child protection proceedings

• 131 When Court may make order under this Part
• 132 Court to have regard to certain matters
• 133 Interim order

PART 5--Registration of interstate orders and proceedings

• 134 Filing and registration of interstate documents
• 135 Notification by Registrar
• 136 Effect of registration
• 137 Revocation of registration

PART 6--Miscellaneous

• 138 Appeals
• 139 Effect of registration of transferred order
• 140 Transfer of Court file
• 141 Hearing and determination of transferred proceeding
• 142 Disclosure of information
• 143 Discretion of Chief Executive to consent to transfer
• 144 Evidence of consent of relevant interstate officer
Chapter 11--Administrative matters

PART 1--Functions of Chief Executive etc

• 145 Functions of the Chief Executive
• 146 Powers of delegation

PART 2--Child protection officers

• 147 Child protection officers
• 148 Primary function of child protection officers
• 149 Powers of child protection officers
• 150 Child protection officer may require information etc

PART 3--Information gathering and sharing

• 151 Chief Executive may require State authority to provide report
• 152 Sharing of information between certain persons and bodies
• 153 Certain persons to be provided with documents and information held by the Department
• 154 Internal Review by Chief Executive
• 155 Interaction with Public Sector (Data Sharing) Act 2016

PART 4--Additional reporting obligations of Chief Executive

• 156 Additional annual reporting obligations
Chapter 12--Reviews of decisions under Act

PART 1--Internal review

• 157 Internal review

PART 2--Review of decisions by South Australian Civil and Administrative Tribunal

• 158 Review of decisions by South Australian Civil and Administrative Tribunal
• 159 Views of child or young person may be heard
Chapter 13--Miscellaneous
• 160 Hindering or obstructing a person in execution of duty
• 161 Payment of money to Chief Executive on behalf of child or young person
• 162 Restrictions on publication of certain information
• 163 Protection of identity of persons who report to or notify Department
• 164 Confidentiality
• 165 Victimisation
• 166 Protections, privileges and immunities
• 166A Limitation on tortious liability for acts of certain children and young people
• 167 Evidentiary provision
• 168 Service
• 169 Review of Act
• 169A Independent inquiry into foster care and kinship care
• 170 Regulations
Legislative history The Parliament of South Australia enacts as follows: