South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"affiliation case" means proceedings for assistance, maintenance, or
preliminary expenses in which it is necessary to establish the paternity of a
child born outside marriage;
"authorised officer" means a person authorised by the Minister to exercise the
powers of an authorised officer under the provision in which the expression
appears;
"Chief Executive Officer" means the person for the time being holding, or
acting in, the office of Chief Executive Officer of the Department;
"child" means a person who has not attained the age of 18 years;
"child born outside marriage" includes a child born to a married woman of
which a man other than her lawful spouse is the father;
"children's residential facility" means any place where more than three
children are, for monetary or other consideration, maintained and cared for on
a residential basis apart from their guardians and relatives, but does not
include a home maintained by a foster parent;
"complainant" means a person by, or on whose behalf, or for whose benefit, a
complaint is laid under this Act;
"Department" means the Department for Family and Community Services;
"foster care agency" means the business of placing children in the care and
control of foster parents;
"foster parent" means a person (not being a guardian or relative of the child)
who, for monetary or other consideration, maintains and cares for a child on a
residential basis, but does not include the licensee of a children's
residential facility;
"guardian", in relation to a child, means a parent of the child and any person
(other than the Minister or the Chief Executive Officer) who is the legal
guardian of the child;
"Magistrates Court" means the Magistrates Court of South Australia;
"maintenance" includes the cost of clothing, support, training and education;
"maintenance order" means an order of a court (made before or after the
commencement of this Act either in this State or elsewhere) whereby a person
is ordered to pay money in a lump sum, or by instalment or periodic payment
for or towards the maintenance of another person, or by way of recoupment of
money expended in, or provided for, the maintenance of another person and
includes any order for the payment of money under Part 6;
"Minister" means the Minister for Family and Community Services;
"near relative" in relation to a child means a parent or step-parent of the
child;
"parent" includes a person who has—
(a)
adopted a child in accordance with the law of this State, or the law of
another State or Territory of the Commonwealth; or
(b)
adopted a child in accordance with the law of any other country or State, if
the adoption is recognised under the law of this State;
"preliminary expenses" in respect of the confinement of a woman, means the
cost of the maintenance of the woman during the period of three months
immediately preceding the confinement, the reasonable medical, surgical,
hospital and nursing expenses attendant upon the confinement, and the cost of
the maintenance of the woman and the child or children born to the woman for
three months after the birth of the child or children;
"relative" in relation to a child, means a step-parent, brother, sister,
uncle, aunt, grandfather or grandmother of the child;
"step-parent" in relation to a child means a person (not being a parent of the
child)—
(a)
who—
(i)
is married to a parent of the child; or
(ii)
was married to a deceased parent of the child at the date
of death of the parent; and
(b) who
at any time during that marriage accepted the child as a member of a household
formed with the parent;
"woman" means any female person;
"Youth Court" means the Youth Court of South Australia .
(2) For the purposes
of this Act, where a marriage exists between a man and a woman, whether the
marriage is monogamous or polygamous, the man and woman will, if the marriage
is lawful and valid in the place in which it was solemnised, be regarded as
husband and wife.
(3) A person will not
be recognised under this Act as the father of a child born outside marriage
unless—
(a) he
is so recognised under the Family Relationships Act 1975 ; or
(b) he
is adjudged in proceedings under this Act to be the father of the child.
(4) Any references in
this Act to an order are to be read and construed, where the order has been
varied under this Act or any other Act, by a subsequent order having effect in
this State, as a reference to the order as so varied.
(5) A reference in any
other Act or statutory instrument to the Director-General of Community Welfare
will be taken to be a reference to the Chief Executive Officer.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.