Children and Young People (Safety and Support) Bill 2024 (SA)

South Australia Children and Young People (Safety and Support) Bill 2024 A Bill For An Act to protect children and young people and keep them safe from harm and preferably with their families, to support and strengthen families and communities to improve outcomes for children and young people, to support children and young people who are in care, to promote working in partnership with families and carers, to support children and young people leaving care, to make related amendments to other Acts, to repeal the Children and Young People (Safety) Act 2017, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Meaning of harm and significant harm 5 Meaning of at risk of harm and at risk of significant harm 6 Act to bind, and impose criminal liability on, the Crown 7 Interaction with other Acts Part 2—Guiding principles and related matters Division 1—Preliminary 8 Requirement to give effect to this Part and Part 4 Division 3 Division 2—Parliamentary recognition of children and young people 9 Parliamentary recognition of children and young people Division 3—Guiding principles 10 Paramount principle—safety of children and young people 11 Best interests principle 12 Principle of effective intervention Division 4—Voices of children and young people to be heard 13 Voices of children and young people to be heard Division 5—Charter of Rights for Children and Young People in Care 14 Charter of Rights for Children and Young People in Care 15 Chief Executive must provide copy of Charter to certain children and young people Division 6—Statement of Commitment to Parents and Families 16 Statement of Commitment to Parents and Families Division 7—Statement of Commitment to Foster and Kinship Carers 17 Statement of Commitment to Foster and Kinship Carers Part 3—Administration Division 1—Minister 18 Functions of Minister 19 Minister may direct Chief Executives of certain State authorities to meet to discuss interagency approach 20 Minister may enter agreements for provision of services to children and young people and their families 21 Minister may establish programs for children and young people and their families 22 Powers of delegation 23 Minister's annual report Division 2—Chief Executive 24 Functions of Chief Executive 25 Powers of delegation 26 Chief Executive's annual report Division 3—Quality of Care Report Guidelines 27 Quality of Care Report Guidelines Division 4—Child protection officers 28 Child protection officers 29 Powers of child protection officers 30 Child protection officer may require information etc Division 5—Child and Young Person's Visitor scheme 31 Interpretation 32 Child and Young Person's Visitor 33 Functions of Child and Young Person's Visitor 34 Reporting obligations Division 6—Networks and services for children and young people and their families 35 Networks and services for children and young people and their families Division 7—Information gathering and sharing 36 Chief Executive may require State authority to provide report 37 Sharing of information between certain persons and bodies 38 Interaction with Public Sector (Data Sharing) Act 2016 Part 4—Additional provisions relating to Aboriginal and Torres Strait Islander children and young people Division 1—Preliminary 39 Primary purpose of Part 40 Objects of Act relating to Aboriginal and Torres Strait Islander children and young people 41 Application of Part Division 2—Identifying Aboriginal and Torres Strait Islander children and young people 42 Identifying Aboriginal and Torres Strait Islander children and young people 43 Presumption as to acceptance by Aboriginal or Torres Strait Islander community Division 3—Additional guiding principles in respect of Aboriginal and Torres Strait Islander children and young people 44 Aboriginal and Torres Strait Islander Child Placement Principle 45 Standard of active efforts 46 Additional considerations relating to reunification of certain Aboriginal and Torres Strait Islander children and young people and their parents 47 Principle of Aboriginal and Torres Strait Islander family‑led decision making 48 Additional considerations relating to best interests of Aboriginal and Torres Strait Islander children and young people Division 4—Recognised Aboriginal or Torres Strait Islander entities 49 Minister may recognise certain Aboriginal or Torres Strait Islander entities for purposes of Act Division 5—Delegation of functions in respect of Aboriginal and Torres Strait Islander children and young people 50 Delegation of certain functions to recognised Aboriginal or Torres Strait Islander entities 51 Costs of recognised Aboriginal or Torres Strait Islander entity performing delegated functions to be borne by Crown Division 6—Family group conferencing for Aboriginal and Torres Strait Islander children and young people 52 Additional purposes of family group conferences for Aboriginal and Torres Strait Islander children and young people 53 Chief Executive to offer and convene family group conference in certain circumstances 54 Coordinator of family group conference to be Aboriginal or Torres Strait Islander person Division 7—Court proceedings under Act involving Aboriginal and Torres Strait Islander children and young people 55 Regulations etc to establish scheme for Respected Persons to participate in Court proceedings involving Aboriginal and Torres Strait Islander children and young people 56 Court to be satisfied that Aboriginal and Torres Strait Islander Child Placement Principle implemented before making certain orders 57 Court not to make certain orders in relation to Aboriginal and Torres Strait Islander children and young people unless family group conference offered Division 8—Case planning for Aboriginal and Torres Strait Islander children and young people 58 Additional requirements relating to case planning for Aboriginal and Torres Strait Islander children and young people Division 9—Placement of Aboriginal and Torres Strait Islander children and young people by Chief Executive 59 Chief Executive must consult with recognised Aboriginal or Torres Strait Islander entity before placing Aboriginal or Torres Strait Islander child or young person Division 10—Reviews of contact arrangements and reviews of circumstances for Aboriginal and Torres Strait Islander children and young people in care 60 Additional requirements relating to reviews by the Contact Arrangements Review Panel in respect of Aboriginal and Torres Strait Islander children and young people 61 Ongoing review of circumstances of certain Aboriginal and Torres Strait Islander children or young people Part 5—State Strategy for the Safety and Support of Children and Young People Division 1—State Strategy for the Safety and Support of Children and Young People 62 State Strategy for the Safety and Support of Children and Young People 63 Preparation of State Strategy 64 Annual report on State Strategy 65 Review of State Strategy Division 2—Children and Young People Safety and Support Plans 66 Application of Division 67 Children and Young People Safety and Support Plans 68 Annual report on operation of Children and Young People Safety and Support Plans 69 Review of Children and Young People Safety and Support Plans Part 6—Providing safe environments for children and young people 70 Certain organisations must have policies and procedures to ensure safe environments provided Part 7—Protecting children and young people at risk of harm or significant harm Division 1—Reporting suspicion that child or young person at risk of significant harm 71 Application of Division 72 Certain persons must report suspicion that child or young person may be at risk of significant harm Division 2—Responding to reports indicating children and young people at risk of harm 73 Assessment of reports indicating child or young person at risk of harm 74 Chief Executive must take certain actions following assessment if child or young person at risk of harm 75 Chief Executive may assess circumstances of child or young person 76 Referral of matter to other State authority 77 Direction that child or young person be examined, assessed or treated 78 Direction that person undergo certain assessments 79 Random drug and alcohol testing 80 Direction that person undertake rehabilitation program 81 Forensic material not to be used for other purposes and test results not admissible in other proceedings 82 Destruction of forensic material Division 3—Removal of children and young people 83 Removal of child or young person 84 Action following removal etc of child or young person Division 4—Intervention if parent of child or young person found guilty of certain offences 85 Interpretation 86 Chief Executive to be notified if person found guilty of qualifying offence 87 Temporary instruments of guardianship 88 Restraining notices 89 Extension of periods for instruments and notices 90 Application for Court orders to be made if instrument of guardianship or restraining notice issued Part 8—Family group conferences 91 Application of Part 92 Purpose of family group conferences 93 Family Group Conference Guidelines 94 Chief Executive may convene family group conference 95 Procedures and attendees at family group conferences 96 Chief Executive etc to give effect to decisions of family group conferences 97 Statements made at family group conferences not admissible Part 9—Voluntary custody agreements 98 Voluntary custody agreements Part 10—Proceedings before the Youth Court of South Australia Division 1—Parties and procedures etc in relation to Court orders 99 Application for Court orders 100 Parties to proceedings 101 Copy of application to be served on parties 102 Approved carers to be provided opportunity to be heard 103 Other interested persons may be heard 104 Court not bound by rules of evidence 105 Standard of proof 106 Duties of legal practitioners when representing child or young person 107 Views of child or young person to be heard Division 2—Case management 108 Expeditious hearings and adjournments 109 Conferences of parties Division 3—Court may convene family group conference 110 Court may convene family group conference Division 4—Court orders 111 Assessment orders 112 Other orders that may be made by Court 113 Interim orders 114 Limitations on orders that may be made by Court 115 Limitations on orders that may be made if child or young person unrepresented 116 Consent orders 117 Court may make declaration as to name of child or young person 118 Variation, revocation or discharge of orders 119 Orders for costs 120 Noncompliance with orders Division 5—Specified person guardianship orders 121 Certain approved carers may apply to Chief Executive to seek specified person guardianship order 122 Guardianship care plan to be prepared 123 Chief Executive to apply to Court for specified person guardianship order 124 Court may make specified person guardianship order 125 Onus on objector to prove order should not be made 126 Variation or revocation of specified person guardianship orders etc Division 6—Court may issue warrants for apprehension and return of certain children and young people 127 Court may issue warrant for apprehension and return of certain children and young people 128 Care of children and young people apprehended on interstate warrants Part 11—Case planning for children and young people in care 129 Chief Executive must prepare case plan in respect of certain children and young people 130 Case plans must be given effect Part 12—Placement and contact arrangements etc of children and young people in care Division 1—Placement etc of children and young people in care 131 Chief Executive's powers in relation to children and young people in care 132 Temporary placement of children and young people Division 2—Provision of information regarding placements and involvement of approved carers in decision making 133 Children and young people to be provided with certain information prior to placement 134 Approved carers to be provided with certain information prior to placement 135 Approved carers to be provided with certain information once child or young person placed 136 Approved carers entitled to participate in certain decision making processes 137 Noncompliance with Division not to invalidate placement Division 3—Contact arrangements 138 Application of Division 139 Contact arrangements to be determined by Chief Executive 140 Minister to establish Contact Arrangements Review Panel 141 Review by Contact Arrangements Review Panel Division 4—Ongoing reviews of circumstances of certain children and young people 142 Ongoing reviews of circumstances of certain children and young people Division 5—Miscellaneous 143 Chief Executive may provide assistance to persons caring for children and young people 144 Facilitating agreements for funeral arrangements of certain children and young people Part 13—Approved carers, licensed foster care agencies and licensed children's residential facilities Division 1—Approved carers 145 Chief Executive may establish categories of approved carers 146 Out of home care to be provided by approved carers 147 Approval of carers 148 Ongoing reviews of approved carers 149 Cancellation of approval 150 Certain information to be provided to Chief Executive 151 Delegation of certain powers to approved carers Division 2—Licensed foster care agencies 152 Interpretation 153 Foster care agencies to be licensed 154 Licence to carry on business as foster care agency 155 Cancellation of licence 156 Record keeping 157 Ongoing reviews of approved carers by agency Division 3—Licensed children's residential facilities 158 Interpretation 159 Children's residential facilities to be licensed 160 Licence to operate children's residential facility 161 Cancellation of licence 162 Record keeping Division 4—State residential care facilities 163 Minister may establish State residential care facilities Division 5—Miscellaneous 164 Persons not to be employed in certain residential facilities unless they have been assessed 165 Chief Executive to hear complaints regarding certain residential and other facilities Part 14—Offences relating to certain children and young people in care 166 Direction not to communicate etc with certain child or young person 167 Harbouring, concealing etc certain absent child or young person 168 Unlawful taking etc of certain child or young person Part 15—Assistance to certain children and young people leaving care 169 Leaving care plans to be prepared for certain children and young people leaving care 170 Chief Executive to assist eligible care leavers 171 Certain persons to be provided with documents and information held by Department 172 Internal review of decision to refuse to provide document or information etc Part 16—Transfer of certain orders and proceedings between South Australia and other jurisdictions Division 1—Preliminary 173 Purpose of Part 174 Interpretation Division 2—Administrative transfer of child protection order 175 When Chief Executive may transfer order 176 Persons whose consent is required 177 Chief Executive to have regard to certain matters 178 Notification to child, parents and guardians 179 Review of decision may be sought Division 3—Judicial transfer of child protection order 180 When Court may make order under this Division 181 Type of order 182 Court to have regard to certain matters 183 Duty of Chief Executive to inform the Court of certain matters Division 4—Transfer of child protection proceedings 184 When Court may make order under this Division 185 Court to have regard to certain matters 186 Interim order Division 5—Registration of interstate orders and proceedings 187 Filing and registration of interstate documents 188 Notification by Registrar 189 Effect of registration 190 Revocation of registration Division 6—Miscellaneous 191 Appeals 192 Effect of registration of transferred order 193 Transfer of Court file 194 Hearing and determination of transferred proceeding 195 Disclosure of information 196 Discretion of Chief Executive to consent to transfer 197 Evidence of consent of relevant interstate officer Part 17—Review of certain decisions under Act Division 1—Internal review of certain decisions under Act 198 Internal review Division 2—Review by SACAT of decisions made under section 198 etc 199 Review by SACAT of decisions made under section 198 etc 200 Views of child or young person to be heard Part 18—Interagency practice review panels 201 Interpretation 202 Purpose of reviews under Part 203 Interagency practice review panels 204 Review of adverse incident by interagency practice review panel 205 Reports 206 Protection of information 207 Application of Freedom of Information Act 1991 Part 19—Miscellaneous 208 Hindering or obstructing person in execution of duty 209 Impersonating child protection officer 210 Protection of identity of persons who report to or notify Department 211 Restrictions on publication of certain information relating to family group conferences and other proceedings 212 Restrictions on publication of certain names and identifying information 213 Payment of money to Chief Executive on behalf of child or young person 214 Confidentiality 215 Victimisation 216 Protections, privileges and immunities 217 Limitation on tortious liability for acts of certain children and young people 218 Evidentiary provision 219 Regulations and fee notices 220 Review of Act Schedule 1—Persons who may apply for internal review of decisions under Act Schedule 2—Related amendments and repeals Part 1—Amendment of Adoption Act 1988 1 Amendment of section 10A—Adoption of child who has turned 18 Part 2—Amendment of Bail Act 1985 2 Amendment of section 10A—Presumption against bail in certain cases Part 3—Amendment of Births, Deaths and Marriages Registration Act 1996 3 Amendment of section 25A—Change of name of child under guardianship 4 Amendment of section 38A—Notification by court appointed guardians Part 4—Amendment of Carers Recognition Act 2005 5 Amendment of section 5—Meaning of carer Part 5—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016 6 Amendment of section 26—Functions and powers of Guardian 7 Amendment of section 37—Functions of the Committee Part 6—Amendment of Child Safety (Prohibited Persons) Act 2016 8 Amendment of section 8—Meaning of assessable information Part 7—Amendment of Civil Liability Act 1936 9 Amendment of section 50A—Interpretation 10 Amendment of section 50C—When persons are associated with institution Part 8—Amendment of Controlled Substances Act 1984 11 Amendment of section 54C—Application for order 12 Amendment of section 54D—Making of orders Part 9—Amendment of Coroners Act 2003 13 Amendment of section 3—Interpretation Part 10—Amendment of Criminal Law Consolidation Act 1935 14 Amendment of section 5AA—Aggravated offences Part 11—Amendment of Criminal Procedure Act 1921 15 Amendment of section 99AAC—Child protection restraining orders 16 Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings Part 12—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011 17 Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction Part 13—Amendment of Family and Community Services Act 1972 18 Amendment of section 23—Special funds 19 Repeal of Part 3 Division 3 20 Repeal of Part 4 21 Amendment of section 98—Liability of near relatives for maintenance of child 22 Amendment of section 99—Issue of summons for maintenance 23 Amendment of section 142—Evidentiary provision 24 Amendment of section 251—Regulations Part 14—Amendment of Health and Community Services Complaints Act 2004 25 Amendment of section 4—Interpretation 26 Amendment of section 28A—Commissioner to refer certain complaints to Ombudsman Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009 27 Amendment of section 3—Interpretation 28 Amendment of section 16—Inconsistent Family Law Act or State child protection orders 29 Amendment of section 20—Application to Court for Intervention order 30 Amendment of section 26—Intervention orders Part 16—Amendment of Mental Health Act 2009 31 Amendment of section 86—Minister's functions Part 17—Amendment of Ombudsman Act 1972 32 Amendment of section 13—Matters subject to investigation Part 18—Amendment of Residential Tenancies Act 1995 33 Amendment of section 89A—Termination based on domestic abuse 34 Amendment of section 105UA—Termination based on abuse of rooming house resident 35 Amendment of section 112—Restraining orders Part 19—Amendment of Sentencing Act 2017 36 Amendment of section 71—Home detention orders 37 Amendment of section 96—Suspension of imprisonment on defendant entering into bond Part 20—Amendment of South Australian Public Health Act 2011 38 Amendment of section 96A—Interpretation Part 21—Amendment of Summary Offences Act 1953 39 Amendment of section 60—Disrespectful conduct in court 40 Amendment of section 66V—Power to remove children from dangerous situations Part 22—Amendment of Youth Court Act 1993 41 Amendment of section 7—Jurisdiction Part 23—Amendment of Youth Justice Administration Act 2016 42 Amendment of section 3—Objects and guiding principles 43 Amendment of section 4—Interpretation 44 Amendment of section 14—Training Centre Visitor's functions 45 Amendment of section 43—Community programs Part 24—Repeal of Children and Young People (Safety) Act 2017 46 Repeal of Children and Young People (Safety) Act 2017