South Australia

   Children's Protection Regulations 2006

   under the Children's Protection Act 1993

   Contents
   1 Short title
   3 Interpretation
   4 Aboriginal Child Placement Principle
   5 Definition of Department
   6 Powers and obligations of responsible authority in respect of
   criminal history
   7 Obligations of certain organisations

   Legislative history

   1--Short title

   These regulations may be cited as the Children's Protection
   Regulations 2006.

   3--Interpretation

   In these regulations--

   Act means the Children's Protection Act 1993.

   4--Aboriginal Child Placement Principle

   For the purposes of section 4(5) of the Act, the Aboriginal Child
   Placement Principle is as follows:

   (a) the fundamental principles contained in section 4 of the Act (the
   fundamental principles) apply to the placement of an Aboriginal child
   with the additional requirement that in determining a child's best
   interests under subsection (4) of that section consideration must be
   given to the child's Aboriginality;

   (b) subject to the fundamental principles, an Aboriginal child who is
   being placed in alternative care (other than care provided in a
   detention facility) should be placed with the first in order of
   priority of the following persons who is available to provide the care:

   (i) a member of the child's family, as determined by reference to
   Aboriginal culture;

   (ii) a member of the child's community who has a relationship of
   responsibility for the child, as determined by reference to Aboriginal
   traditional practice or custom;

   (iii) a member of the child's community, as determined by reference to
   Aboriginal traditional practice or custom;

   (iv) a person with the same Aboriginal cultural background as the
   child;

   (v) a non-Aboriginal person who is able to ensure that the child
   maintains significant contact with the child's family (as determined by
   reference to Aboriginal culture), the child's community or communities
   and the child's culture;

   (c) if the placement of a child in alternative care in accordance with
   paragraph (b) is objected to by the child on reasonable grounds, the
   child should be placed with the next available person as determined by
   the order of priority referred to in paragraph (b).

   5--Definition of Department

   For the purposes of the definition of Department in section 6(1) of the
   Act, the Department for Families and Communities is prescribed.

   6--Powers and obligations of responsible authority in respect of
   criminal history

   (1) For the purposes of section 8B(1) and (2) of the Act, CrimTrac is a
   prescribed source.

   (2) For the purposes of section 8B(6)(b) of the Act, the operation of
   the section is extended to apply to non-Government schools within the
   meaning of the Education Act 1972.

   (3) For the purposes of the definition of responsible authority in
   section 8B(8) of the Act, the following bodies are approved bodies:

   (a) the Association of Independent Schools of South Australia
   Incorporated;

   (b) the Catholic Church Endowment Society Incorporated;

   (c) the Lutheran Schools Association of South Australia, Northern
   Territory and Western Australia Incorporated.

   (4) In this regulation--

   CrimTrac means the CrimTrac Agency established under the Public Service
   Act 1999 of the Commonwealth.

   7--Obligations of certain organisations

   (1) For the purposes of section 8C(1) of the Act, the prescribed date
   is 1 January 2008.

   (2) For the purposes of section 8C(2)(b) of the Act, the policies and
   procedures established under section 8C(1) must include provisions--

   (a) taking into account the guidance provided by the Chief Executive on
   appropriate standards of conduct for adults in dealing with children;
   and

   (b) reflecting the appropriate standards of care for ensuring the
   safety of children as defined by the Chief Executive; and

   (c) reflecting the standards developed and issued by the Chief
   Executive to be observed in dealing with information obtained about the
   criminal history of employees and volunteers.

   Legislative history

   Notes

   o For further information relating to the Act and subordinate
   legislation made under the Act see the Index of South Australian
   Statutes or www.legislation.sa.gov.au.

   Principal regulations and variations

   New entries appear in bold.

   Year
       No
          Reference
                                  Commencement
   2006
       12
          Gazette 19.1.2006 p305
                                  1.2.2006:  r 2
   2006
       270
          Gazette 14.12.2006 p4382
                                  31.12.2006:  r 2

   Provisions varied

   New entries appear in bold.

   Entries that relate to provisions that have been deleted appear in
   italics.

   Provision
   How varied

                                Commencement

   r 2
   omitted under Legislation Revision and Publication Act 2002

                                 31.12.2006

   r 4
   inserted by 270/2006 r 5

                                 31.12.2006

   r 5
   r 4 redesignated as r 5 by 270/2006 r 4

                                 31.12.2006

   rr 6 and 7
   inserted by 270/2006 r 6

                                 31.12.2006