South Australian Consolidated Acts South Australian Consolidated Acts51—Children's residential facilities
(1) A person must not
maintain a children's residential facility unless the person is the holder of
a licence granted under this section in respect of the facility.
Penalty: Division 6 fine.
(2) In determining
whether or not to grant a licence under this section to a person, the
Chief Executive Officer must have regard to—
(a) the
suitability, qualifications and experience of the person, or persons, who will
be maintaining or managing the facility and of any persons who will be
employed in the facility; and
(b) the
system of management within the facility; and
(c) the
suitability of the premises proposed to be used; and
(d) such
other matters as may be relevant.
(3) The
Chief Executive Officer may grant a licence under this section subject to such
terms and conditions (which will include conditions as to the standards to be
observed in the management and operation of the facility) as the
Chief Executive Officer thinks fit and specifies in the licence.
(3a) A licensee must
not contravene or fail to comply with a condition of the licence.
Penalty: Division 7 fine.
(4) A licence granted
under this section will, subject to this Subdivision, have effect for a period
of 12 months from the day on which it was granted and may be renewed from time
to time for successive periods of 12 months.
(6) This section does
not apply in respect of—
(a) a
residential facility established by the Minister under this Act; or
(b) any
premises or place in which children are cared for by an approved
foster parent; or
(c)
residential premises that are attached to a school or a tertiary education
institution, or that are used solely for the purposes of caring for tertiary
students.