Children and Young People (Oversight and Advocacy Bodies) Act 2016 (SA)

South Australia Children and Young People (Oversight and Advocacy Bodies) Act 2016 An Act to establish the Commissioner for Children and Young People; to establish the Commissioner for Aboriginal Children and Young People; to continue the Guardian for Children and Young People, the Child Death and Serious Injury Review Committee; to establish the Child Development Council; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Meaning of rights, development and wellbeing 5 State authorities to seek to give effect to United Nations Convention on the Rights of the Child etc 6 Act to bind, and impose criminal liability on, the Crown Part 2—Commissioner for Children and Young People Division 1—Commissioner for Children and Young People 7 Commissioner for Children and Young People 8 Appointment of CCYP 9 Appointment of acting CCYP 10 Delegation 11 Staff and resources 12 Employees 13 Use of staff etc of Public Service 13A Reporting obligations Division 2—Functions and powers of CCYP 14 General functions of CCYP 14A Collaboration between CCYP and CACYP 14B Referral of matters to CACYP 14C Jurisdictional disputes 15 CCYP may inquire into matters affecting children and young people at systemic level 16 Powers of CCYP 17 Recommendations Division 3—Reporting 18 Report of inquiry under section 15 19 CCYP may provide other reports 20 CCYP may publish reports Part 2A—Commissioner for Aboriginal Children and Young People Division 1—Commissioner for Aboriginal Children and Young People 20A Commissioner for Aboriginal Children and Young People 20B Appointment of CACYP 20C Appointment of acting CACYP 20D Delegation 20E Staff and resources 20F Employees 20G Use of staff etc of Public Service 20H Reporting obligations Division 2—Functions and powers of CACYP 20I General functions of CACYP 20J Collaboration between CACYP and CCYP 20K Referral of matters to CCYP 20L Jurisdictional disputes 20M CACYP may inquire into matters affecting Aboriginal children and young people at systemic level 20N Powers of CACYP 20O Recommendations Division 3—Reporting 20P Report of inquiry under section 20M 20Q CACYP may provide other reports 20R CACYP may publish reports Part 3—Guardian for Children and Young People 21 Guardian for Children and Young People 22 Terms and conditions of appointment 23 Delegation 24 Staff and resources 25 Use of staff etc of Public Service 26 Functions and powers of Guardian 27 Participation of children and young people in development of practices etc 28 Reporting obligations 29 Guardian may provide other reports Part 4—Child Death and Serious Injury Review Committee 30 Continuation of Child Death and Serious Injury Review Committee 31 Terms and conditions of members 32 Presiding member 33 Procedures of the Committee 34 Delegation 35 Staff and resources 36 Use of staff and facilities etc 37 Functions of the Committee 38 Powers of Committee 39 Reporting obligations Part 5—Referral of matters 40 Guardian or Committee may refer matter to CCYP or CACYP 41 CCYP, CACYP, Guardian and Committee may report, and must refer, certain matters to appropriate body 42 CCYP, CACYP and Guardian may make complaints to Ombudsman 43 CCYP, CACYP and Guardian may make complaints to Health and Community Services Complaints Commissioner 44 Immediate reports to Parliament 45 Referral of matters to inquiry agencies etc not affected Part 6—Child Development Council Division 1—Child Development Council 46 Establishment of Child Development Council 47 Terms and conditions of membership 48 Presiding member and deputy presiding member 49 Delegation 50 Committees 51 Council's procedures 52 CCYP and CACYP or representative may attend meetings of Council 53 Staff and resources 54 Use of staff etc of Public Service 55 Functions and powers of Council 56 Reporting obligations Division 2—Outcomes Framework for Children and Young People 57 Outcomes Framework for Children and Young People 58 Statutory duty of State authorities in respect of Outcomes Framework Part 7—Information gathering and sharing 59 No obligation to maintain secrecy 60 CCYP or CACYP may require State authority to provide report 61 CCYP, CACYP or Guardian may require information 62 Sharing of information between certain persons and bodies 63 Interaction with Public Sector (Data Sharing) Act 2016 Part 8—Miscellaneous 64 Obstruction etc 65 False or misleading statements 66 Confidentiality 67 Victimisation 68 Protections, privileges and immunities 69 Service 71 Regulations Schedule 1—Transitional provisions Part 6—Transitional provisions 12 Guardian for Children and Young People 13 Commissioner for Aboriginal Children and Young People Legislative history