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CHILDREN'S PROTECTION LAW REFORM (TRANSITIONAL ARRANGEMENTS AND RELATED AMENDMENTS) ACT 2017

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Amendment provisions
  • 4 Interpretation

PART 2--Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016

  • 5 Interpretation
  • 6 Expiry of Part
  • 7 Certain applications for assessments of relevant history taken to be application for working with children check
  • 8 Recognition of certain assessments of relevant history as working with children checks
  • 8A Transitional provisions--persons the subject of assessment of relevant history conducted by responsible authority
  • 8B Transitional provisions--certain emergency service workers
  • 9 Transitional provisions--teachers
  • 10 Transitional provisions--persons employed under Children's Services Act 1985
  • 11 Transitional provisions--health practitioners
  • 12 Transitional provisions--foster parents
  • 13 Transitional provisions--licensed foster care agencies
  • 14 Transitional provisions--licensed children's residential facilities
  • 15 Transitional provisions--employees in training centres etc
  • 16 Transitional provisions--passenger transport services
  • 17 Evidentiary provision

PART 3--Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016

  • 18 Interpretation
  • 19 Expiry of Part
  • 20 Continuation of members of Child Death and Serious Injury Review Committee
  • 21 Continuation of chair as presiding member

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

PART 5--Amendment of Births, Deaths and Marriages Registration Act 1996

  • 39 Amendment of section 25--Application to register change of child's name
  • 40 Insertion of section 25A
    • 25A Change of name of child under guardianship
  • 41 Amendment of section 38A--Notification by court appointed guardians

PART 6--Amendment of Carers Recognition Act 2005

PART 7--Amendment of Child Safety (Prohibited Persons) Act 2016

PART 8--Amendment of Child Sex Offenders Registration Act 2006

  • 45 Amendment of Schedule 1--Class 1 and 2 offences

PART 9--Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016

  • 46 Insertion of section 13A
    • 13A. Reporting obligations
  • 47 Amendment of section 26--Functions and powers of Guardian
  • 48 Amendment of section 37--Functions of the Committee

PART 10--Amendment of Children and Young People (Safety) Act 2017

  • 49 Amendment of section 28--Chief Executive to prepare case plan in respect of certain children and young people
  • 50 Amendment of section 32--Chief Executive must assess and take action on each report indicating child or young person may be at risk
  • 51 Amendment of section 33--Chief Executive may refer matter
  • 52 Amendment of section 53--Orders that can be made by Court
  • 53 Amendment of section 90--Long-term care plan to be prepared
  • 54 Amendment of section 103--Interpretation
  • 55 Insertion of Chapter 7 Part 7A

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

110A Persons not to be employed in certain residential facilities established under Family and Community Services Act 1972
  • 56 Insertion of section 112A
    • 112A Chief Executive may provide assistance to persons caring for children and young people
  • 57 Amendment of section 163--Protection of identity of persons who report to or notify Department
  • 58 Insertion of section 166A
    • 166A. Limitation on tortious liability for acts of certain children and young people
  • 59 Amendment of section 170--Regulations
  • 60 Amendment of Schedule 1--Repeal and related amendment

PART 2--Amendment and repeal of Children's Protection Act 1993

2 Amendment of Children's Protection Act 1993 2A Repeal of Children's Protection Act 1993

PART 11--Amendment of Coroners Act 2003

PART 12--Amendment of Criminal Law Consolidation Act 1935

  • 62 Amendment of section 5--Interpretation
  • 63 Amendment of section 49--Unlawful sexual intercourse
  • 64 Amendment of section 50--Persistent sexual exploitation of a child
  • 65 Amendment of section 57--Consent no defence in certain cases
  • 66 Amendment of section 63B--Procuring child to commit indecent act etc

PART 13--Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011

  • 67 Amendment of section 3--Interpretation
  • 68 Amendment of section 13--Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
  • 69 Insertion of section 13A
    • 13A. Working with children checks
  • 70 Amendment of section 22--Composition of Board
  • 71 Amendment section 23--Conditions of membership
  • 72 Amendment of section 27--Registrars of Board
  • 73 Amendment of section 28--Staff of Board

PART 14--Amendment of Family and Community Services Act 1972

  • 74 Amendment of section 6--Interpretation
  • 75 Amendment of section 8--Delegation
  • 76 Repeal of Part 2 Division 3
  • 77 Repeal of Part 2 Division 5
  • 78 Amendment of section 23--Special welfare funds
  • 79 Amendment of section 36--Establishment of facilities and programmes for children
  • 80 Repeal of Part 4 Division 2 Subdivision 3
  • 81 Repeal of Part 4 Division 2 Subdivision 4
  • 82 Repeal of Part 4 Division 2 Subdivision 8
  • 83 Amendment of section 98--Liability of near relatives for maintenance of child
  • 84 Amendment of section 99--Issue of summons for maintenance
  • 85 Amendment of section 104--Order for payment of preliminary expenses
  • 86 Amendment of section 105--Where order made during pregnancy
  • 87 Amendment of section 111--Power of Chief Executive to accept settlement in full
  • 88 Amendment of section 117--Order for payment of medical and like expenses
  • 89 Amendment of section 142--Evidentiary provision
  • 90 Amendment of section 145--Variation of order against near relative of child
  • 91 Amendment of section 151--Orders may direct mode of payment
  • 92 Amendment of section 156--Order for delivery of attached property
  • 93 Amendment of section 158--Liability of persons contravening order
  • 94 Amendment of section 159--Collection by police of money due to Chief Executive
  • 95 Amendment of section 160--Caveats
  • 96 Amendment of section 161--Warrant to enforce payments under orders
  • 97 Amendment of section 163--Sale under warrant
  • 98 Amendment of section 164--Assurances to purchaser
  • 99 Amendment of section 165--Issue of warrant without previous demand
  • 100 Amendment of section 166--Effect of payment under warrant
  • 101 Amendment of section 176--Application for attachment of earnings order
  • 102 Amendment of section 177--Employer to make payments under order
  • 103 Amendment of section 179--Discharge, suspension or variation of order
  • 104 Amendment of section 180--Cessation of attachment of earnings order
  • 105 Amendment of section 183--Notice to defendants of payments made
  • 106 Amendment of section 189--Payments by Crown etc
  • 107 Amendment of section 195--Proof of payment or non-payment under maintenance order
  • 108 Amendment of section 197--Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
  • 109 Repeal of section 236
    • 110. Amendment of section 236A--Hindering a person in execution of duty
  • 111 Amendment of section 240--Evidentiary provision
  • 112 Amendment of section 242--Chief Executive may require report
  • 113 Repeal of section 250
    • 114. Repeal of section 250A 115. Amendment of section 251--Regulations

PART 15--Amendment of Intervention Orders (Prevention of Abuse) Act 2009

  • 116 Amendment of section 3--Interpretation
  • 117 Amendment of section 10--Principles for intervention against abuse
  • 118 Amendment of section 16--Inconsistent Family Law Act or State child protection orders
  • 119 Amendment of section 20--Application to Court for intervention order
  • 120 Amendment of section 23--Determination of application for intervention order
  • 121 Amendment of section 26--Intervention orders

PART 16--Amendment of Mental Health Act 2009

PART 17--Amendment of Residential Tenancies Act 1995

  • 123 Amendment of section 89A--Termination based on domestic abuse
  • 124 Amendment of section 105UA--Termination based on abuse of rooming house resident
  • 125 Amendment of section 112--Restraining orders

PART 18--Amendment of Spent Convictions Act 2009

  • 126 Amendment of section 13--Exclusions
  • 127 Amendment of section 13A--Exclusions may not apply
  • 128 Amendment of Schedule 2--Provisions relating to proceedings before a qualified magistrate

PART 19--Amendment of Summary Offences Act 1953

  • 129 Substitution of section 66V
    • 66V Power to remove children from dangerous situations

PART 20--Amendment of Summary Procedure Act 1921

  • 130 Amendment of section 99AAC--Child protection restraining orders
  • 131 Amendment of section 99KA--Special restrictions relating to child protection restraining order proceedings

PART 21--Amendment of Teachers Registration and Standards Act 2004

  • 132 Amendment of section 3--Interpretation
  • 133 Amendment of section 9--Membership of Teachers Registration Board
  • 134 Amendment of section 10--Terms and conditions of membership
  • 135 Amendment of section 21--Eligibility for registration
  • 136 Amendment of section 22--Application for registration
  • 137 Amendment of section 24--Conditions of registration
  • 138 Insertion of section 24A
    • 24A. Automatic cancellation of registration of prohibited persons
  • 139 Amendment of section 28--Register
  • 140 Amendment of section 30--Special authority for unregistered person to teach
  • 141 Amendment of section 31--Register
  • 142 Amendment of section 33--Cause for disciplinary action
  • 143 Insertion of section 33A
    • 33A. Suspension of teacher's registration if working with children check not current etc
  • 144 Amendment of section 37--Employer to report dismissal
  • 145 Insertion of section 52A
    • 52A. Notification to employer that teacher is a prohibited person etc
  • 146 Amendment of section 61--Regulations

PART 22--Amendment of Youth Court Act 1993

PART 23--Amendment of Youth Justice Administration Act 2016

  • 148 Amendment of section 3--Objects and guiding principles
  • 149 Amendment of section 4--Interpretation
  • 150 Amendment of section 10--Official visitors
  • 151 Amendment of section 14--Training Centre Visitor's functions
  • 152 Amendment of section 43--Community programs
  • 153 Insertion of section 21A
    • 21A. Persons not to be employed in training centres etc unless assessed Legislative history The Parliament of South Australia enacts as follows:

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