Children and Young People (Safety) (Miscellaneous) Amendment Act 2018 (SA)

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South Australia

Children and Young People (Safety) (Miscellaneous) Amendment Act 2018

An Act to amend the Children and Young People (Safety) Act 2017 and to make related amendments to the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Children and Young People (Safety) (Miscellaneous) Amendment Act 2018.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Children and Young People (Safety) Act 20174Amendment of section 18 – Meaning of at risk

Section 18(1)(c)(ii)—delete "Marriage Act 1972" and substitute:

Marriage Act 1961

5Amendment of section 43 – Custody of removed child or young person

Section 43—after its present contents (now to be designated as subsection (1)) insert:

  1. (2)

    However, subject to the regulations, the Chief Executive may exercise a power under this Act in respect of a child or young person delivered into the care of a person determined by the Chief Executive under section 42 as if the child or young person were in the custody of the Chief Executive.

6Amendment of section 59 – Onus on objector to prove order should not be made

Section 59—after subsection (1) insert:

  1. (1a)

    However, this section does not apply to proceedings of a kind prescribed by the regulations.

7Amendment of section 90 – Long‑term care plan to be prepared

Section 90(3)—delete subsection (3)

8Amendment of section 91 – Chief Executive to apply to Court for order to place child or young person under long‑term guardianship

Section 91—after subsection (2) insert:

  1. (2a)

    The Chief Executive must cause a copy of the long‑term care plan in respect of the child or young person to be provided to the Court in any application under subsection (1).

9Amendment of section 92 – Application of Part

Section 92—after its present contents (now to be designated as subsection (1)) insert:

  1. (2)

    This Part does not apply to the following children and young people:

    1. (a)

      a child or young person placed under the long‑term guardianship of a person following an application under section 91;

    2. (b)

      a child or young person placed under the long‑term guardianship of a person (other than the Minister) under the Children's Protection Act 1993;

    3. (c)

      a child or young person of a kind prescribed by the regulations.

10Amendment of section 95 – Review by Contact Arrangements Review Panel

Section 95(1)—delete subsection (1) and substitute:

  1. (1)

    Subject to this Part, the following persons may apply to the Contact Arrangements Review Panel for a review of a determination of the Chief Executive under section 93 in respect of contact arrangements relating to a particular child or young person:

    1. (a)

      the child or young person;

    2. (b)

      a person allowed contact with the child or young person pursuant to the determination;

    3. (c)

      a person who is refused contact with the child or young person pursuant to the determination.

11Amendment of section 121 – Interpretation

Section 121(1), definition of child welfare law—after paragraph (a) insert:

  1. (ab)

    the Children's Protection Act 1993;

12Amendment of section 142 – Disclosure of information
  1. (1)

    Section 142—delete "this Act" and substitute:

    a prescribed child protection law

  2. (2)

    Section 142—after its present contents (now to be designated as subsection (1)) insert:

    1. (2)

      In this section—

    prescribed child protection law means—

    1. (a)

      this Act;

    2. (b)

      the Children's Protection Act 1993;

    3. (c)

      any other Act prescribed by the regulations for the purposes of this paragraph.

13Amendment of section 161 – Payment of money to Chief Executive on behalf of child or young person

Section 161(2), (3) and (4)—delete subsections (2), (3) and (4) and substitute:

  1. (2)

    The Chief Executive must cause any money received on behalf of a child or young person—

    1. (a)

      to be held by the Public Trustee on behalf of the child or young person in accordance with the scheme set out in the regulations; or

    2. (b)

      to be deposited in an ADI account in the name of the child or young person.

  2. (3)

    Without limiting the regulations that may be made under subsection (2)(a), the regulations may make provisions relating to the transfer of money to the Public Trustee, interest payable on money held by the Public Trustee, and the application of money held by the Public Trustee, under this section.

14Amendment of Schedule 1 – Repeal and related amendment

Schedule 1 Part 2 clause 2—after paragraph (b) insert:

  1. (ba)

    section 8C;

  2. (bb)

    Part 2 Division 4;

Schedule 1—Related amendments and transitional provisions etc

Part 1—Amendment of Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017

1—Amendment of section 12—Transitional provisions—foster parents

Section 12(1)(a)—delete "section, an approved foster parent under section 43 of the Family and Community Services Act 1972" and substitute:

section—

  1. (i)

    an approved foster parent under section 43 of the Family and Community Services Act 1972; or

  2. (ii)

    an approved carer under the Children and Young People (Safety) Act 2017; and

2—Amendment of section 13—Transitional provisions—licensed foster care agencies

Section 13(1)(a)—delete "section, licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; and" and substitute:

section—

  1. (i)

    licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; or

  2. (ii)

    licensed as a foster care agency under the Children and Young People (Safety) Act 2017; and

3—Amendment of section 14—Transitional provisions—licensed children's residential facilities

Section 14(1)(a)—delete "section, the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; and" and substitute:

section—

  1. (i)

    the holder of a licence to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972; or

  2. (ii)

    the holder of a licence to maintain a children's residential facility under the Children and Young People (Safety) Act 2017; and

4—Insertion of section 23A

After section 23 insert:

23A—Certain placements to continue as placements under Children and Young People (Safety) Act 2017

A placement of a child or young person by the Minister under the repealed Act will be taken to continue in effect as if the child or young person were so placed by the Chief Executive under section 77 or 84 of the Children and Young People (Safety) Act 2017 (as the case requires) (and the placement will, for the purposes of that Act, be taken to be a placement under the relevant section).

5—Insertion of section 26A

After section 26 insert:

26A—Certain proceedings continued as proceedings under Children and Young People (Safety) Act 2017

Despite a provision of any other Act or law, proceedings under the repealed Act commenced, but not finally determined, in the Youth Court of South Australia before 22 October 2018 will continue and will, for all purposes, be taken to be proceedings commenced under Chapter 6 of the Children and Young People (Safety) Act 2017.

6—Insertion of sections 31A and 31B

After section 31 insert:

31A—Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017

An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (not being an order referred to in section 32(1) of this Act) will be taken to continue in accordance with its terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be an order under section 53 of that Act.

31B—Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017

The following orders of the Court under the repealed Act in force immediately before the commencement of this section will be taken to continue in accordance with their terms and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be interim orders made by the Court under section 53 of that Act:

  1. (a)

    an order referred to in section 39(2)(b) of the repealed Act;

  2. (b)

    an order made under section 21(1) of the repealed Act.

Part 2—Transitional provisions etc

7—Moneys held on behalf of child or young person

  1. (1)

    This clause applies to money received pursuant to section 84 of the Family and Community Services Act 1972, or section 161 of the Children and Young People (Safety) Act 2017 (as in force before the commencement of section 13 of this Act), that is being held on behalf of a child or young person, regardless of where the money is being held.

  2. (2)

    Any money to which this clause applies will, on the commencement of this clause, be taken to be money received by the Chief Executive pursuant to section 161 of the Children and Young People (Safety) Act 2017 (as amended by section 13 of this Act) and is to be dealt with in accordance with that section.

  3. (3)

    In this clause—

Chief Executive has the same meaning as in the Children and Young People (Safety) Act 2017.

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