Children and Young People (Safety) Act 2017 (SA)

South Australia Children and Young People (Safety) Act 2017 An Act to protect children and young people from harm; to provide for children and young people who are in care; and for other purposes.

Contents Chapter 1—Preliminary 1 Short title 3 Act to bind, and impose criminal liability on, the Crown Chapter 2—Guiding principles for the purposes of this Act Part 1—The importance to the State of children and young people 4 Parliamentary declaration 5 Duty to safeguard and promote the welfare of children and young people 6 Interaction with other Acts Part 2—Priorities in the operation of this Act 7 Safety of children and young people paramount 8 Other needs of children and young people 9 Early intervention Part 3—Principles to be applied in operation of this Act 10 Principles of intervention 11 Placement principles 12 Aboriginal and Torres Strait Islander Child Placement Principle Part 4—Charter of Rights for Children and Young People in Care 13 Charter of Rights for Children and Young People in Care Part 5—Additional functions of Minister 14 Additional functions of Minister 15 Additional annual reporting obligations Chapter 3—Interpretation 16 Interpretation 17 Meaning of harm 18 Meaning of at risk 19 Minister may publish policies Chapter 4—Managing risks without removing child or young person from their home Part 1—Child and Family Assessment and Referral Networks 20 Minister may establish Child and Family Assessment and Referral Networks Part 2—Family group conferences 21 Purpose of family group conferences 22 Chief Executive or Court may convene family group conference 23 Who may attend a family group conference 24 Procedures at family group conference 25 Review of arrangements 26 Chief Executive etc to give effect to decisions of family group conference 27 Statements made at family group conference not admissible Part 3—Case planning 28 Chief Executive to prepare case plan in respect of certain children and young people 29 Chief Executive etc to give effect to case plan Chapter 5—Children and young people at risk Part 1—Reporting of suspicion that child or young person may be at risk 30 Application of Part 31 Reporting of suspicion that child or young person may be at risk Part 2—Responding to reports etc that child or young person may be at risk 32 Chief Executive must assess each report indicating child or young person may be at risk 33 Chief Executive may refer matter 34 Chief Executive may investigate circumstances of a child or young person 35 Chief Executive may direct that child or young person be examined and assessed 36 Chief Executive may direct person to undergo certain assessments 37 Random drug and alcohol testing 38 Chief Executive may direct certain persons to undertake rehabilitation program 39 Forensic materials not to be used for other purposes and test results inadmissible in other proceedings 40 Destruction of forensic material Part 3—Removal of child or young person 41 Removal of child or young person 42 Action following removal of child or young person 43 Custody of removed child or young person Part 4—Chief Executive to assume guardianship of child or young person where parent found guilty of certain offences 44 Interpretation 45 Temporary instruments of guardianship 46 Restraining notices 47 Court may extend period 48 Certain information to be provided to Chief Executive Chapter 6—Court orders relating to children and young people Part 1—Applications for Court orders 49 Who may make application for Court orders 50 When application can be made for Court orders 51 Parties to proceedings 52 Copy of application to be served on parties Part 2—Orders that can be made by Court 53 Orders that may be made by Court 54 Consent orders 55 Variation, revocation or discharge of orders 56 Adjournments 57 Court not bound by rules of evidence 58 Standard of proof 59 Onus on objector to prove order should not be made 60 Orders for costs 61 Non-compliance with orders Part 3—Child or young person to be heard in proceedings 62 Views of child or young person to be heard Part 4—Representation of children and young people 63 Legal practitioners to comply with this section when representing child or young person 64 Limitations on orders that may be made if child or young person unrepresented Part 5—Miscellaneous 65 Conference of parties 66 Interested persons may be heard 67 Court may refer a matter to a family group conference 68 Effect of guardianship order Chapter 7—Children and young people in care Part 1—Approved carers Division 1—Preliminary 69 Interpretation 70 Chief Executive may establish different categories of approved carers Division 2—Approval of carers 71 Out of home care only to be provided by approved carers 72 Approval of carers 73 Ongoing reviews of approved carers 74 Cancellation of approval 75 Certain information to be provided to Chief Executive 76 Delegation of certain powers to approved carer Division 3—Temporary placement of child or young person where approved carer not available 77 Temporary placement of child or young person where approved carer not available Division 4—Information and involvement in decision‑making 78 Interpretation 79 Approved carers to be provided with certain information prior to placement 80 Children and young people to be provided with certain information prior to placement 81 Approved carers to be provided with certain information 82 Approved carers entitled to participate in decision‑making process 83 Non-compliance with Division not to invalidate placement Part 2—Children and young people in Chief Executive's custody or guardianship 84 Chief Executive's powers in relation to children and young people in Chief Executive's custody or guardianship 85 Review of circumstances of prescribed child or young person 86 Direction not to communicate with, be in company of, harbour or conceal child or young person 87 Offence of harbouring, concealing etc absent child or young person 88 Unlawful taking of child or young person Part 3—Transition to long‑term guardianship 89 Certain approved carers may apply to Chief Executive to seek long‑term guardianship order 90 Long‑term care plan to be prepared 91 Chief Executive to apply to Court for order to place child or young person under long‑term guardianship Part 4—Contact arrangements in respect of children and young people 92 Application of Part 93 Contact arrangements to be determined by Chief Executive 94 Contact Arrangements Review Panel 95 Review by Contact Arrangements Review Panel Part 5—Voluntary custody agreements 96 Voluntary custody agreements Part 6—Foster care agencies 97 Interpretation 98 Foster care agencies to be licensed 99 Licence to carry on business as foster care agency 100 Cancellation of licence 101 Record keeping 102 Ongoing reviews of approved carers by agency Part 7—Licensed children's residential facilities 103 Interpretation 104 Children's residential facilities to be licensed 105 Licence to operate children's residential facility 106 Cancellation of licence 107 Persons not to be employed in licensed children's residential facility unless they have been assessed 108 Record keeping 109 Child protection officer may inspect licensed children's residential facility 110 Chief Executive to hear complaints Part 7A—Assessment of employees in other residential facilities 110A Persons not to be employed in certain residential facilities unless assessed Part 8—Provision of assistance to care leavers 111 Chief Executive to assist persons leaving care 112 Minister to arrange assistance for eligible care leavers Part 9—Miscellaneous 112A Chief Executive may provide assistance to persons caring for children and young people 113 Agreement for funeral arrangements of children and young people in care Chapter 8—Providing safe environments for children and young people 114 Certain organisations must have policies and procedures to ensure safe environments provided 115 Policies and procedures to be reviewed Chapter 9—Child and Young Person's Visitor scheme 116 Interpretation 117 Child and Young Person's Visitor 118 Functions and powers 119 Reporting obligations Chapter 10—Transfer of certain orders and proceedings between South Australia and other jurisdictions Part 1—Preliminary 120 Purpose of Chapter 121 Interpretation Part 2—Administrative transfer of child protection order 122 When Chief Executive may transfer order 123 Persons whose consent is required 124 Chief Executive to have regard to certain matters 125 Notification to child, parents and guardians 126 Review of decision may be sought Part 3—Judicial transfer of child protection order 127 When Court may make order under this Part 128 Type of order 129 Court to have regard to certain matters 130 Duty of Chief Executive to inform the Court of certain matters Part 4—Transfer of child protection proceedings 131 When Court may make order under this Part 132 Court to have regard to certain matters 133 Interim order Part 5—Registration of interstate orders and proceedings 134 Filing and registration of interstate documents 135 Notification by Registrar 136 Effect of registration 137 Revocation of registration Part 6—Miscellaneous 138 Appeals 139 Effect of registration of transferred order 140 Transfer of Court file 141 Hearing and determination of transferred proceeding 142 Disclosure of information 143 Discretion of Chief Executive to consent to transfer 144 Evidence of consent of relevant interstate officer Chapter 11—Administrative matters Part 1—Functions of Chief Executive etc 145 Functions of the Chief Executive 146 Powers of delegation Part 2—Child protection officers 147 Child protection officers 148 Primary function of child protection officers 149 Powers of child protection officers 150 Child protection officer may require information etc Part 3—Information gathering and sharing 151 Chief Executive may require State authority to provide report 152 Sharing of information between certain persons and bodies 153 Certain persons to be provided with documents and information held by the Department 154 Internal Review by Chief Executive 155 Interaction with Public Sector (Data Sharing) Act 2016 Part 4—Additional reporting obligations of Chief Executive 156 Additional annual reporting obligations Chapter 12—Reviews of decisions under Act Part 1—Internal review 157 Internal review Part 2—Review of decisions by South Australian Civil and Administrative Tribunal 158 Review of decisions by South Australian Civil and Administrative Tribunal 159 Views of child or young person may be heard Chapter 13—Miscellaneous 160 Hindering or obstructing a person in execution of duty 161 Payment of money to Chief Executive on behalf of child or young person 162 Restrictions on publication of certain information 163 Protection of identity of persons who report to or notify Department 164 Confidentiality 165 Victimisation 166 Protections, privileges and immunities 166A Limitation on tortious liability for acts of certain children and young people 167 Evidentiary provision 168 Service 169 Review of Act 169A Independent inquiry into foster care and kinship care 170 Regulations Legislative history