South Australian Consolidated Acts South Australian Consolidated Acts52A—The Guardian
(1) There is to be a
Guardian for Children and Young Persons.
(2) The Guardian is to
be appointed by the Governor on terms and conditions determined by the
Governor.
(3) Subject to this
section, the Guardian holds office for the term (not exceeding 5 years) stated
in the instrument of appointment and is then eligible for re-appointment.
(4) The office of the
Guardian becomes vacant if the Guardian—
(a)
dies; or
(b)
completes a term of office and is not re-appointed; or
(c)
resigns by notice of resignation given to the Minister; or
(d) is
convicted either within or outside the State of an indictable offence or an
offence carrying a maximum penalty of imprisonment for 12 months or more; or
(e) is
removed from office by the Governor under subsection (5).
(5) The Governor may
remove the Guardian from office for—
(a)
breach of, or non-compliance with, a condition of appointment; or
(b)
failure to disclose a personal or pecuniary interest of which the Guardian is
aware that may conflict with the Guardian's duties of office; or
(c)
neglect of duty; or
(d)
mental or physical incapacity to carry out duties of office satisfactorily; or
(e)
dishonourable conduct; or
(f) any
other reason considered sufficient by the Minister.
(6) Subject to
subsection (7), the Guardian is to be subject to the Minister's
direction.
(7) The Guardian is
not, however, subject to directions—
(a)
preventing or restricting the Guardian from carrying out inquiries and
investigations that the Guardian considers necessary for the proper
performance of statutory functions; or
(b)
preventing or restricting the Guardian from communicating with any body or
person; or
(c) as
to the nature or content of advice, reports or recommendations given or made
in the performance of statutory functions.
(8) Any direction
given to the Guardian by the Minister must be in writing.