South Australian Consolidated Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 52C

52C—The Guardian's functions and powers

        (1)         The Guardian's functions are as follows:

            (a)         to promote the best interests of children under the guardianship, or in the custody, of the Minister, and in particular those in alternative care;

            (b)         to act as an advocate for the interests of children under the guardianship, or in the custody, of the Minister;

            (c)         to monitor the circumstances of children under the guardianship, or in the custody, of the Minister;

            (d)         to provide advice to the Minister on the quality of the provision of care for children under the guardianship, or in the custody of, the Minister and on whether the children's needs are being met;

            (e)         to inquire into, and provide advice to the Minister in relation to, systemic reform necessary to improve the quality of care provided for children in alternative care;

            (f)         to investigate and report to the Minister on matters referred to the Guardian by the Minister.

        (2)         In carrying out functions under this section, the Guardian must—

            (a)         encourage children who are affected by issues that the Guardian has under consideration to express their own views and give proper weight to those views; and

            (b)         pay particular attention to the needs of children under the guardianship, or in the custody, of the Minister who have a physical, psychological or intellectual disability; and

            (c)         receive and consider information, reports and materials relevant to carrying out the Guardian's statutory functions.

        (3)         The Guardian has the powers necessary or expedient for, or incidental to, the performance of the Guardian's functions.

        (4)         A government or non-government organisation that is involved in the provision of services to children must, at the Guardian's request, provide the Guardian with information relevant to the performance of the Guardian's functions.



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