Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 (SA)
South Australia
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
An Act to make transitional arrangements and related amendments to various Acts consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016, the Children and Young People (Oversight and Advocacy Bodies) Act 2016 and the Children and Young People (Safety) Act 2017.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions
4Interpretation
Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016
5Interpretation
6Expiry of Part
7Certain applications for assessments of relevant history taken to be application for working with children check
8Recognition of certain assessments of relevant history as working with children checks
8ATransitional provisions—persons the subject of assessment of relevant history conducted by responsible authority
8BTransitional provisions—certain emergency service workers
9Transitional provisions—teachers
10Transitional provisions—persons employed under Children's Services Act 1985
11Transitional provisions—health practitioners
12Transitional provisions—foster parents
13Transitional provisions—licensed foster care agencies
14Transitional provisions—licensed children's residential facilities
15Transitional provisions—employees in training centres etc
16Transitional provisions—passenger transport services
17Evidentiary provision
Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016
18Interpretation
19Expiry of Part
20Continuation of members of Child Death and Serious Injury Review Committee
21Continuation of chair as presiding member
Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017
22Interpretation
23References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc
23ACertain placements to continue as placements under Children and Young People (Safety) Act 2017
24Chief Executive to be guardian of certain children and young people
25Chief Executive to have custody of certain children and young people
26Continuation of voluntary custody agreements
26ACertain proceedings continued as proceedings under Children and Young People (Safety) Act 2017
27Continuation of approved foster parents as approved carers
28Continuation of licensed foster care agencies
29Continuation of licence to maintain children's residential facilities
30Notifications of abuse or neglect and investigations etc under repealed Act to continue
31Continuation of family care meetings under repealed Act
31ACertain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017
31BCertain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017
32Orders relating to access to child or young person to continue as determination of Chief Executive
33Continuation of certain delegations under Family and Community Services Act 1972
34References to Families SA
35Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people
36Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017
37Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017
38Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017
Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996
39Amendment of section 25—Application to register change of child's name
40Insertion of section 25A
25AChange of name of child under guardianship
41Amendment of section 38A—Notification by court appointed guardians
Part 6—Amendment of Carers Recognition Act 2005
42Amendment of section 5—Meaning of carer
Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016
43Amendment of section 5—Interpretation
44Amendment of section 8—Meaning of assessable information
Part 8—Amendment of Child Sex Offenders Registration Act 2006
45Amendment of Schedule 1—Class 1 and 2 offences
Part 9—Amendment of Children and Young People (Oversight and Advocacy Bodies) Act 2016
46Insertion of section 13A
13AReporting obligations
47Amendment of section 26—Functions and powers of Guardian
48Amendment of section 37—Functions of the Committee
Part 10—Amendment of Children and Young People (Safety) Act 2017
49Amendment of section 28—Chief Executive to prepare case plan in respect of certain children and young people
50Amendment of section 32—Chief Executive must assess and take action on each report indicating child or young person may be at risk
51Amendment of section 33—Chief Executive may refer matter
52Amendment of section 53—Orders that can be made by Court
53Amendment of section 90—Long‑term care plan to be prepared
54Amendment of section 103—Interpretation
55Insertion of Chapter 7 Part 7A
Part 7A—Assessment of employees in other residential facilities
110APersons not to be employed in certain residential facilities established under Family and Community Services Act 1972
56Insertion of section 112A
112AChief Executive may provide assistance to persons caring for children and young people
57Amendment of section 163—Protection of identity of persons who report to or notify Department
58Insertion of section 166A
166ALimitation on tortious liability for acts of certain children and young people
59Amendment of section 170—Regulations
60Amendment of Schedule 1—Repeal and related amendment
Part 2—Amendment and repeal of Children's Protection Act 1993
2Amendment of Children's Protection Act 1993
2ARepeal of Children's Protection Act 1993
Part 11—Amendment of Coroners Act 2003
61Amendment of section 3—Interpretation
Part 12—Amendment of Criminal Law Consolidation Act 1935
62Amendment of section 5—Interpretation
63Amendment of section 49—Unlawful sexual intercourse
64Amendment of section 50—Persistent sexual exploitation of a child
65Amendment of section 57—Consent no defence in certain cases
66Amendment of section 63B—Procuring child to commit indecent act etc
Part 13—Amendment of Education and Early Childhood Services (Registration and Standards) Act 2011
67Amendment of section 3—Interpretation
68Amendment of section 13—Meaning of certain terms in Education and Care Services National Law (South Australia) for the purposes of this jurisdiction
69Insertion of section 13A
13AWorking with children checks
70Amendment of section 22—Composition of Board
71Amendment section 23—Conditions of membership
72Amendment of section 27—Registrars of Board
73Amendment of section 28—Staff of Board
Part 14—Amendment of Family and Community Services Act 1972
74Amendment of section 6—Interpretation
75Amendment of section 8—Delegation
76Repeal of Part 2 Division 3
77Repeal of Part 2 Division 5
78Amendment of section 23—Special welfare funds
79Amendment of section 36—Establishment of facilities and programmes for children
80Repeal of Part 4 Division 2 Subdivision 3
81Repeal of Part 4 Division 2 Subdivision 4
82Repeal of Part 4 Division 2 Subdivision 8
83Amendment of section 98—Liability of near relatives for maintenance of child
84Amendment of section 99—Issue of summons for maintenance
85Amendment of section 104—Order for payment of preliminary expenses
86Amendment of section 105—Where order made during pregnancy
87Amendment of section 111—Power of Chief Executive to accept settlement in full
88Amendment of section 117—Order for payment of medical and like expenses
89Amendment of section 142—Evidentiary provision
90Amendment of section 145—Variation of order against near relative of child
91Amendment of section 151—Orders may direct mode of payment
92Amendment of section 156—Order for delivery of attached property
93Amendment of section 158—Liability of persons contravening order
94Amendment of section 159—Collection by police of money due to Chief Executive
95Amendment of section 160—Caveats
96Amendment of section 161—Warrant to enforce payments under orders
97Amendment of section 163—Sale under warrant
98Amendment of section 164—Assurances to purchaser
99Amendment of section 165—Issue of warrant without previous demand
100Amendment of section 166—Effect of payment under warrant
101Amendment of section 176—Application for attachment of earnings order
102Amendment of section 177—Employer to make payments under order
103Amendment of section 179—Discharge, suspension or variation of order
104Amendment of section 180—Cessation of attachment of earnings order
105Amendment of section 183—Notice to defendants of payments made
106Amendment of section 189—Payments by Crown etc
107Amendment of section 195—Proof of payment or non-payment under maintenance order
108Amendment of section 197—Collector of Maintenance, Deputy Collector of Maintenance and Assistant Collectors of Maintenance
109Repeal of section 236
110Amendment of section 236A—Hindering a person in execution of duty
111Amendment of section 240—Evidentiary provision
112Amendment of section 242—Chief Executive may require report
113Repeal of section 250
114Repeal of section 250A
115Amendment of section 251—Regulations
Part 15—Amendment of Intervention Orders (Prevention of Abuse) Act 2009
116Amendment of section 3—Interpretation
117Amendment of section 10—Principles for intervention against abuse
118Amendment of section 16—Inconsistent Family Law Act or State child protection orders
119Amendment of section 20—Application to Court for intervention order
120Amendment of section 23—Determination of application for intervention order
121Amendment of section 26—Intervention orders
Part 16—Amendment of Mental Health Act 2009
122Amendment of section 86—Minister's functions
Part 17—Amendment of Residential Tenancies Act 1995
123Amendment of section 89A—Termination based on domestic abuse
124Amendment of section 105UA—Termination based on abuse of rooming house resident
125Amendment of section 112—Restraining orders
Part 18—Amendment of Spent Convictions Act 2009
126Amendment of section 13—Exclusions
127Amendment of section 13A—Exclusions may not apply
128Amendment of Schedule 2—Provisions relating to proceedings before a qualified magistrate
Part 19—Amendment of Summary Offences Act 1953
129Substitution of section 66V
66VPower to remove children from dangerous situations
Part 20—Amendment of Summary Procedure Act 1921
130Amendment of section 99AAC—Child protection restraining orders
131Amendment of section 99KA—Special restrictions relating to child protection restraining order proceedings
Part 21—Amendment of Teachers Registration and Standards Act 2004
132Amendment of section 3—Interpretation
133Amendment of section 9—Membership of Teachers Registration Board
134Amendment of section 10—Terms and conditions of membership
135Amendment of section 21—Eligibility for registration
136Amendment of section 22—Application for registration
137Amendment of section 24—Conditions of registration
138Insertion of section 24A
24AAutomatic cancellation of registration of prohibited persons
139Amendment of section 28—Register
140Amendment of section 30—Special authority for unregistered person to teach
141Amendment of section 31—Register
142Amendment of section 33—Cause for disciplinary action
143Insertion of section 33A
33ASuspension of teacher's registration if working with children check not current etc
144Amendment of section 37—Employer to report dismissal
145Insertion of section 52A
52ANotification to employer that teacher is a prohibited person etc
146Amendment of section 61—Regulations
Part 22—Amendment of Youth Court Act 1993
147Amendment of section 7—Jurisdiction
Part 23—Amendment of Youth Justice Administration Act 2016
148Amendment of section 3—Objects and guiding principles
149Amendment of section 4—Interpretation
150Amendment of section 10—Official visitors
151Amendment of section 14—Training Centre Visitor's functions
152Amendment of section 43—Community programs
153Insertion of section 21A
21APersons not to be employed in training centres etc unless assessed
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.
2—Commencement
(1)This Act will come into operation on a day to be fixed by proclamation.
(2)Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
4—Interpretation
(1)In this Act, unless the contrary intention appears—
assessment of relevant history means an assessment of relevant history conducted under the Children's Protection Act 1993 (as in force immediately before the commencement of this section) by an authorised screening unit;
authorised screening unit means a person or body who was, at the relevant time, an authorised screening unit within the meaning of the Children's Protection Regulations 2010;
criminal history report means a criminal history report prepared by South Australia Police, CrimTrac or the Australian Crime Commission;
transitional period means the period—
(a)commencing on the day on which this section comes into operation; and
(b)ending on—
(i)if the Minister, by notice in the Gazette, specifies a day on which the transitional period is to end—that day; or
(ii)if the Minister does not specify a day under subparagraph (i)—3 years after the day on which this section comes into operation.
(2)For the purposes of this Act, a reference to a person becoming a prohibited person under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to a person who is a prohibited person by force of section 15 of that Act on the day that section comes into operation.
Part 2—Transitional provisions relating to Child Safety (Prohibited Persons) Act 2016
5—Interpretation
Unless the contrary intention appears, a term or phrase used in this Part that is defined in the Child Safety (Prohibited Persons) Act 2016 has the same meaning as in that Act.
6—Expiry of Part
This Part will expire on the day that the transitional period ends.
7—Certain applications for assessments of relevant history taken to be application for working with children check
(1)This section applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this section but not determined before such commencement.
(2)An application to which this section applies will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be an application to the central assessment unit for a working with children check under section 27 of that Act (and the application will, unless the central assessment unit determines otherwise, be taken to have satisfied the requirements set out in section 27(1) of that Act).
8—Recognition of certain assessments of relevant history as working with children checks
(1)An assessment of relevant history conducted in respect of a person within the 3 years preceding the commencement of this section will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a working with children check in respect of the person conducted under that Act.
(2)However, this section ceases to apply to an assessment of relevant history in respect of a particular person if either of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person.
(3)To avoid doubt, an assessment of relevant history referred to in subsection (1) clearing a person for child‑related employment (however described) will, for the purposes of the Child Safety (Prohibited Persons) Act 2016, be taken to be a determination of the central assessment unit made at the relevant time that the person is not to be prohibited from working with children.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person contemplated by subsection (1) (being a person to whom a unique identifier has not previously been issued under that Act).
8A—Transitional provisions—persons the subject of assessment of relevant history conducted by responsible authority
(1)This section applies to a person in respect of whom the responsible authority for an organisation had conducted an assessment of relevant history in accordance with regulation 6(1)(a) of the Children's Protection Regulations 2010 within the 3 years preceding the commencement of this section.
(2)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(3)However, this section ceases to apply to a person referred to in subsection (1)—
(a)if either of the following occurs:
(i)the person becomes a prohibited person;
(ii)a working with children check is conducted in relation to the person; or
(b)12 months after the commencement of this section,
whichever occurs first.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
(5)In this section—
responsible authority for an organisation has the same meaning as in section 8B of the Children's Protection Act 1993, as in force immediately before that section is repealed.
8B—Transitional provisions—certain emergency service workers
(1)This section applies to a person who, immediately before the commencement of this section, was an emergency service worker.
(2)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the person ceases to be an emergency service worker.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
(5)In this section—
emergency service worker means—
(a)a member of—
(i)SAMFS; or
(ii)SACFS; or
(iii)SASES; or
(b)a member of the SA Ambulance Service; or
(c)a person providing ambulance services pursuant to a restricted ambulance service licence under section 58 of the Health Care Act 2008.
9—Transitional provisions—teachers
(1)This section applies to a person who, immediately before the commencement of this section—
(a)was a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004) whose registration was in force; or
(b)was the subject of a special authority to teach granted under section 30 of the Teachers Registration and Standards Act 2004 that was in force.
(2)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the person's current registration as a teacher, or the special authority to teach, (as the case requires) expires;
(d)the person's registration as a teacher, or the special authority to teach, (as the case requires) is cancelled or revoked for any reason.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
10—Transitional provisions—persons employed under Children's Services Act 1985
(1)This section applies to a person who—
(a)was, immediately before the commencement of this section, employed in a registered children's services centre under section 12 of the Children's Services Act 1985; and
(b)either—
(i)is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section; or
(ii)did both of the following:
(A)obtained a criminal history report in the 3 years immediately preceding the commencement of this section;
(B)provided a copy of the report to the employing authority under the Children's Services Act 1985.
(2)However, this section ceases to apply to a person referred to in subsection (1) if either of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
11—Transitional provisions—health practitioners
(1)This section applies to a person who, immediately before the commencement of this section, was a registered health practitioner.
(2)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the person's registration as a registered health practitioner expires or is cancelled or revoked for any reason.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
(5)In this section—
registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia).
12—Transitional provisions—foster parents
(1)This section applies to a person who—
(a)was, immediately before the commencement of this section—
(i)an approved foster parent under section 43 of the Family and Community Services Act 1972; or
(ii)an approved carer under the Children and Young People (Safety) Act 2017; and
(b)is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
(2)To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 42 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
(3)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the current period of the person's approval as an approved carer (as continued under section 27 of this Act) expires;
(d)the person's approval as an approved carer (as continued under section 27 of this Act) is cancelled or revoked for any reason.
(4)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(5)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
13—Transitional provisions—licensed foster care agencies
(1)This section applies to a person who—
(a)was, immediately before the commencement of this section—
(i)licensed as a foster care agency under section 48 of the Family and Community Services Act 1972; or
(ii)licensed as a foster care agency under the Children and Young People (Safety) Act 2017; and
(b)is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
(2)To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was a fit and proper person under section 48 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
(3)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the current period of the person's licence as a foster care agency (as continued under section 28 of this Act) expires;
(d)the person's licence as a foster care agency (as continued under section 28 of this Act) is cancelled for any reason.
(4)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(5)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
14—Transitional provisions—licensed children's residential facilities
(1)This section applies to a person who—
(a)was, immediately before the commencement of this section—
(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
(ii)the holder of a licence to maintain a children's residential facility under the Children and Young People (Safety) Act 2017; and
(b)is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
(2)To avoid doubt, this section does not apply to a person merely because the Chief Executive was satisfied that the person was suitable to maintain a children's residential facility under section 51 of the Family and Community Services Act 1972, or because a criminal history report was obtained by or in relation to the person.
(3)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the current period of the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) expires;
(d)the person's licence to maintain a children's residential facility (as continued under section 29 of this Act) is cancelled for any reason.
(4)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(5)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
15—Transitional provisions—employees in training centres etc
(1)This section applies to a person who—
(a)was, immediately before the commencement of this section, employed in—
(i)a training centre established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; or
(ii)a correctional institution (within the meaning of the Correctional Services Act 1982) in which children or young people are detained; and
(b)is the subject of an assessment of relevant history undertaken in the 3 years immediately preceding the commencement of this section.
(2)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
16—Transitional provisions—passenger transport services
(1)This section applies to the following persons:
(a)a person who was, immediately before the commencement of this section, the holder of a current accreditation for a passenger transport service operated by the person granted under section 27 of the Passenger Transport Act 1994;
(b)a person who was, immediately before the commencement of this section, the holder of a current accreditation for a driver of a public passenger vehicle granted under section 28 of the Passenger Transport Act 1994;
(c)a person who was, immediately before the commencement of this section, the holder of a current accreditation for an operator of a centralised booking service granted under section 29 of the Passenger Transport Act 1994.
(2)However, this section ceases to apply to a person referred to in subsection (1) if any of the following occurs:
(a)the person becomes a prohibited person;
(b)a working with children check is conducted in relation to the person;
(c)the person's accreditation expires or is revoked for any reason.
(3)The following provisions of the Child Safety (Prohibited Persons) Act 2016 do not apply to, or in relation to, a person to whom this section applies:
(a)section 16;
(b)section 17;
(c)section 18.
(4)The central assessment unit may issue a unique identifier under section 29 of the Child Safety (Prohibited Persons) Act 2016 to each person to whom this section applies (being a person to whom a unique identifier has not previously been issued under that Act).
17—Evidentiary provision
(1)In any proceedings under the Child Safety (Prohibited Persons) Act 2016, a document issued by an authorised screening unit and purporting to be a child‑related employment screening letter or a child‑related employment screening‑cleared letter, or a certificate issued by the authorised screening unit in accordance with regulation 8A of the Children's Protection Regulations 2010, and stating that an assessment of relevant history had been conducted in relation to a specified person on a specified date will, in the absence of evidence to the contrary, be taken to be proof of the matters so stated.
(2)In proceedings for an offence against the Child Safety (Prohibited Persons) Act 2016, an allegation in an information that an assessment of relevant history relating to a specified person had, or had not, been conducted on a specified day or within a specified period must be accepted as proved in the absence of evidence to the contrary.
Part 3—Transitional provisions relating to Children and Young People (Oversight and Advocacy Bodies) Act 2016
18—Interpretation
Unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Oversight and Advocacy Bodies) Act 2016 has the same meaning as in that Act.
19—Expiry of Part
This Part will expire on the day that the transitional period ends.
20—Continuation of members of Child Death and Serious Injury Review Committee
(1)Subject to the Children and Young People (Oversight and Advocacy Bodies) Act 2016, the appointment of a member of the Child Death and Serious Injury Review Committee under the Children's Protection Act 1993 holding office immediately before the commencement of this section will continue for the remainder of their term of office (and the appointment will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to be an appointment by the Minister under section 30 of that Act).
(2)An appointment continued under this section will be taken to be subject to any terms, conditions or limitations applicable to the appointment immediately before the commencement of this section.
21—Continuation of chair as presiding member
The member of the Child Death and Serious Injury Review Committee who was, immediately before the commencement of this section, the chair of the Committee will continue as the presiding member of the Committee (and will, for the purposes of the Children and Young People (Oversight and Advocacy Bodies) Act 2016, be taken to have been appointed by the Minister under section 32 of that Act).
Part 4—Transitional provisions relating to Children and Young People (Safety) Act 2017
22—Interpretation
(1)Subject to this Part, and unless the contrary intention appears, a term or phrase used in this Part that is defined in the Children and Young People (Safety) Act 2017 has the same meaning as in that Act.
(2)In this Part—
repealed Act means the Children's Protection Act 1993.
23—References to working with children checks and the Child Safety (Prohibited Persons) Act 2016 etc
(1)For the purposes of the Children and Young People (Safety) Act 2017, a reference in that Act to a working with children check will be taken to include a reference to an assessment of relevant history.
(2)For the purposes of section 72(3)(b)(i) of the Children and Young People (Safety) Act 2017, a reference in that subparagraph to having regard to the operation of the Child Safety (Prohibited Persons) Act 2016 will, to the extent that it includes having regard to the working with children check scheme, will be taken to include a reference to having regard to the operation of sections 8B and 8BA of the Children's Protection Act 1993 (as in force immediately before the commencement of this section).
(3)For the purposes of paragraph (b) of the definition of prescribed organisation in section 114(7) of the Children and Young People (Safety) Act 2017, a reference in that paragraph to persons or bodies who provide a service or undertake an activity that constitutes child‑related work under the Child Safety (Prohibited Persons) Act 2016 will be taken to include a reference to organisations to which section 8C of the Children's Protection Act 1993 applied immediately before the commencement of this section.
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).
24—Chief Executive to be guardian of certain children and young people
(1)This section applies to a child or young person who was, immediately before the commencement of this section, under the guardianship of the Minister pursuant to an order of the Court under the repealed Act.
(2)On the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be under the guardianship of the Chief Executive.
(3)A placement of a child or young person to whom this section applies pursuant to 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 84 of the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).
(4)On the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as guardian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.
25—Chief Executive to have custody of certain children and young people
(1)This section applies to a child or young person who was, immediately before the commencement of this section, in the custody of the Minister pursuant to an order of the Court under the repealed Act.
(2)Subject to this section, on the commencement of this section a child or young person to whom this section applies will, by force of this subsection, be taken to be in the custody of the Chief Executive.
(3)A placement of a child or young person to whom this section applies pursuant to 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 84 the Children and Young People (Safety) Act 2017 (and the placement will, for the purposes of that Act, be taken to be a placement under that section).
(4)On the commencement of this section, a reference in any order or other document or instrument to the Minister in the Minister's capacity as custodian of a child or young person to whom this section applies will be taken to be a reference to the Chief Executive in that capacity.
26—Continuation of voluntary custody agreements
(1)Subject to this section and the Children and Young People (Safety) Act 2017, a voluntary custody agreement under section 9 of the repealed Act in force immediately before the commencement of this section will continue in accordance with its terms (and the agreement will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a voluntary custody agreement under section 96 of that Act).
(2)A reference in a voluntary custody agreement continued under this section to the Minister will be taken to be a reference to the Chief Executive.
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.
27—Continuation of approved foster parents as approved carers
(1)Subject to this section, a person who was, immediately before the commencement of this section, an approved foster parent under section 43 of the Family and Community Services Act 1972 will be taken to be an approved carer under the Children and Young People (Safety) Act 2017 (and the approval of the person will be taken to have been granted under section 72 of that Act).
(2)A permission of the Chief Executive Officer under section 43(3) of the Family and Community Services Act 1972 relating to the number of foster children that a foster parent referred to in subsection (1) is permitted to have in their care will be taken to continue to apply to the approved carer according to its terms.
(3)The approval of a person as an approved carer under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the person's approval immediately before the commencement of this section.
28—Continuation of licensed foster care agencies
(1)A licence of a person as a foster care agency granted under section 48 of the Family and Community Services Act 1972 and in force immediately before the commencement of this section—
(a)will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to carry on a foster care agency under that Act; and
(b)will be taken to have been granted under section 99 of that Act.
(2)A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.
(3)A record that was, pursuant to section 50 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 101(2) of the Children and Young People (Safety) Act 2017, be taken to be records required to be kept under that subsection.
29—Continuation of licence to maintain children's residential facilities
(1)A licence to maintain a children's residential facility granted under section 51 of the Family and Community Services Act 1972 (being a licence in force immediately before the commencement of this section)—
(a)will, subject to the Children and Young People (Safety) Act 2017, continue in force as a licence to operate a children's residential facility under that Act; and
(b)will be taken to have been granted under section 105 of that Act.
(2)A licence continued under subsection (1) will, subject to the Children and Young People (Safety) Act 2017, be taken to be subject to the same conditions applying to the licence immediately before the commencement of this section.
(3)A register that was, pursuant to section 53 of the Family and Community Services Act 1972, required to be kept by the holder of a licence continued under subsection (1) will, for the purposes of section 108(2) of the Children and Young People (Safety) Act 2017, be taken to be a record required to be kept under that subsection.
30—Notifications of abuse or neglect and investigations etc under repealed Act to continue
(1)A notification made under section 11 of the repealed Act that a person suspects that a child has been or is being abused or neglected will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a report made by the person under section 31 of that Act.
(2)An investigation under section 19 of the repealed Act that was commenced but not completed before the commencement of this section will be taken to continue as an investigation of the relevant kind under Chapter 5 Part 2 of the Children and Young People (Safety) Act 2017 (and, to avoid doubt, the Chief Executive may exercise the powers of investigation or direction under that Part accordingly).
31—Continuation of family care meetings under repealed Act
(1)Subject to this section, a family care meeting convened under Part 5 of the repealed Act before the commencement of this section will continue as a family group conference convened under Chapter 4 Part 2 of the Children and Young People (Safety) Act 2017.
(2)A family group conference as continued under this section will, subject to the Children and Young People (Safety) Act 2017, consist of the same persons as the original family care meeting.
(3)The procedures applicable to a family care meeting continued under this section will, subject to the Children and Young People (Safety) Act 2017, be taken to apply to the family group conference.
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:
(a)an order referred to in section 39(2)(b) of the repealed Act;
(b)an order made under section 21(1) of the repealed Act.
32—Orders relating to access to child or young person to continue as determination of Chief Executive
(1)An order of the Court under section 38 of the repealed Act in force immediately before the commencement of this section (being an order relating to access to a specified child (however described)) is, by force of this section, revoked.
(2)The Chief Executive will, in respect of each child or young person to whom an order revoked under subsection (1) relates, be taken to have made a determination under section 93 of the Children and Young People (Safety) Act 2017 in such terms as to give continuing effect to the terms of the revoked order (and the determination will, for the purposes of that Act, be taken to be a determination under section 93 of that Act).
33—Continuation of certain delegations under Family and Community Services Act 1972
(1)A delegation by the Minister or the Chief Executive under section 8 of the Family and Community Services Act 1972 relating to a matter that is the subject of the Children and Young People (Safety) Act 2017 and that is in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Minister or Chief Executive (as the case requires) of the relevant powers under section 146 of that Act).
(2)A delegation by the Minister under section 80 of the Family and Community Services Act 1972 in force immediately before the commencement of this section will, subject to the Children and Young People (Safety) Act 2017, continue in accordance with its terms (and will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be a delegation by the Chief Executive of the relevant powers under section 76 of that Act).
34—References to Families SA
On the commencement of this section, a reference in any Act, or any order or other instrument or document, to Families SA will, for all purposes, be taken to be a reference to the Department.
35—Application of Chapter 7 Part 8 of Children and Young People (Safety) Act 2017 to certain children and young people
For the purposes of Chapter 7 Part 8 of the Children and Young People (Safety) Act 2017, a child or young person whose guardianship or custody arrangements are continued under this Part will be taken to be a child or young person placed in the guardianship or custody of a person under that Act.
36—Certain policies and procedures taken to satisfy Chapter 8 of Children and Young People (Safety) Act 2017
(1)This section applies to in relation to prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section.
(2)The prescribed policies and procedures of an organisation to which section 8C of the repealed Act applied immediately before the commencement of this section will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to be a policy or policies prepared or adopted by the organisation in accordance with section 114(1) of that Act.
(3)An organisation to which section 8C of the repealed Act applied immediately before the commencement of this section (being an organisation that has complied with the requirements under section 8C(3) of the repealed Act) will, for the purposes of Chapter 8 of the Children and Young People (Safety) Act 2017, be taken to have complied with the requirements of section 114(3) of that Act.
(4)In this section—
prescribed policies and procedures means policies and procedures put in place by an organisation in accordance with section 8C of the repealed Act and in force immediately before the commencement of this section.
37—Certain persons the subject of interim registration taken to be approved carers under Children and Young People (Safety) Act 2017
(1)This section applies to a person who was, immediately before the commencement of this section—
(a)caring for a child or young person who is under the guardianship or in the custody of the Minister (whether under an order of the Court, a voluntary custody agreement under section 9 of the Children's Protection Act 1993 or any other provision of that Act or any other Act); and
(b)the subject of a provisional or initial registration by the Department, or an approval for temporary placement granted by the Department, in relation to the care of children.
(2)A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.
(3)It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of a specified child or young person (including, to avoid doubt, a direction requiring the person to submit to a working with children check).
(4)The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.
(5)The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.
(6)An approval under this section will remain in force until—
(a)the end of the transitional period; or
(b)the approval is cancelled under subsection (7),
whichever occurs first.
(7)However, the approval of a person under this section is, by force of this section, cancelled if—
(a)the person becomes a prohibited person; or
(b)the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or
(c)the person refuses or fails to comply with a direction under subsection (3); or
(d)the person contravenes a condition under subsection (4).
(8)For the purposes of this section, a reference to the Department will be taken to include a reference to an administrative unit of the Public Service that was, at the relevant time, assisting a Minister in the administration of the repealed Act.
38—Certain persons taken to be approved carers under Children and Young People (Safety) Act 2017
(1)This section applies to a person or body, or a person or body of a class, prescribed by the Chief Executive by notice in the Gazette.
(2)A person to whom this section applies will, for the purposes of the Children and Young People (Safety) Act 2017, be taken to be approved as an approved carer under section 72 of that Act.
(3)It is a condition of each approval under this section that the person comply with any directions of the Chief Executive relating to the care of children or young people (including, to avoid doubt, a direction requiring the person to submit to a working with children check).
(4)The Chief Executive may, by notice in writing, impose such conditions on an approval under this section as the Chief Executive thinks fit.
(5)The Chief Executive may, by notice in writing, vary or revoke a condition of an approval under this section.
(6)An approval under this section will remain in force until—
(a)the end of the transitional period; or
(b)the approval is cancelled under subsection (7),
whichever occurs first.
(7)However, the approval of a person under this section is, by force of this section, cancelled if—
(a)the person becomes a prohibited person; or
(b)the approval of the person as an approved carer is cancelled under section 74 of the Children and Young People (Safety) Act 2017; or
(c)the person refuses or fails to comply with a direction under subsection (3); or
(d)the person contravenes a condition under subsection (4).
Part 5—Amendment of Births, Deaths and Marriages Registration Act 1996
39—Amendment of section 25—Application to register change of child's name
Section 25—after subsection (4) insert:
(5)This section does not apply in relation to a child during any period that section 25A applies in relation to the child.
40—Insertion of section 25A
After section 25 insert:
25A—Change of name of child under guardianship
(1)This section applies in relation to the following children during such time as the child is under the guardianship of the Chief Executive or the relevant person or persons (as the case requires):
(a)a child who, pursuant to an order of the Court under the Children and Young People (Safety) Act 2017, is under the guardianship of the Chief Executive, or a specified person or persons, until the child attains 18 years of age;
(b)a child who, pursuant to orders of the Court under the Children and Young People (Safety) Act 2017 or the repealed Act, is under the guardianship of the Chief Executive, or a specified person or persons, and has been under such guardianship for a period of at least 24 continuous months.
(2)The Chief Executive may, by notice in writing—
(a)in the case of a child who is under the guardianship of the Chief Executive—on the Chief Executive's own motion; or
(b)in the case of a child who is under the guardianship of a person or persons pursuant to an order of the Court under the Children and Young People (Safety) Act 2017—on the application of the guardian or guardians (as the case requires),
direct the Registrar to register a change of the name of a child in relation to whom this section applies.
(3)Before giving a direction under subsection (2), the Chief Executive must, unless the Chief Executive is of the opinion that it is not appropriate to do so—
(a)ascertain, and have regard to, the views of the child (if any) in respect of the proposed change of name; and
(b)—
(i)take reasonable steps to notify the parents of the child of the proposed change of name; and
(ii)have regard to any submission made by a parent of the child in respect of the proposed change of name during the period specified by the Chief Executive.
(4)The Chief Executive may only give a direction under subsection (2) if the Chief Executive is of the opinion that it is in the best interests of the child to do so.
(5)Sections 26, 27 and 28(2) and (3) do not apply in relation to a change of name under this section.
(6)The Registrar must, as soon as is reasonably practicable after receiving a direction under subsection (2), register the change of name under section 28(1).
(7)Nothing in this section prevents the name of a child being later changed in accordance with the law of the State.
(8)A person who is aggrieved by a decision of the Chief Executive under this section is entitled to a review of the decision under section 157 of the Children and Young People (Safety) Act 2017 (and for the purposes of that section the decision will be taken to be a decision under that Act).
(9)The regulations may make provision conferring on the South Australian Civil and Administrative Tribunal jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under this section.
(10)In this section—
Chief Executive means the Chief Executive under the Children and Young People (Safety) Act 2017;
repealed Act means the Children's Protection Act 1993.
41—Amendment of section 38A—Notification by court appointed guardians
Section 38A(4), definition of court appointed guardian—delete "a Minister) to whom guardianship of another person is given by the Youth Court of South Australia under section 38(1)(d) of the Children's Protection Act 1993" and substitute:
the Chief Executive) under the Children and Young People (Safety) Act 2017
Part 6—Amendment of Carers Recognition Act 2005
42—Amendment of section 5—Meaning of carer
Section 5(3)(b)—after "Children's Protection Act 1993" insert:
, the Children and Young People (Safety) Act 2017
Part 7—Amendment of Child Safety (Prohibited Persons) Act 2016
(4)A person who employs, or continues to employ, a person in a training centre or other facility in contravention of subsection (1) is guilty of an offence.
Maximum penalty:
(a)in the case of a natural person—$50 000 or imprisonment for 1 year; or
(b)in the case of a body corporate—$120 000.
(5)For the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—
(a)is a self‑employed person; or
(b)carries out work under a contract for services; or
(c)carries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or
(d)undertakes practical training as part of an educational or vocational course; or
(e)carries out work as a volunteer; or
(f)performs unpaid community work in accordance with an order of a court,
and a reference to employ is to be construed accordingly.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments
New entries appear in bold.
Year No Title Assent Commencement 2017 64 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 19.12.2017 except ss 22, 23, 26, 60, 147, 149(1), 150—26.2.2018 and except ss 24, 25, 27 to 33, 35 to 42, 47, 48, 58, 61 to 66, 74 to 125, 129 to 131, 148, 149(2), 151 to 153—22.10.2018 (Gazette 19.12.2017 p5119) and except ss 5 to 17, 43(2), 44, 67 to 73, 126 to 128, 132 to 146—1.7.2019 (Gazette 17.1.2019 p93) (s 43(1) deleted by 9/2019 without coming into operation) 2018 17 Children and Young People (Safety) (Miscellaneous) Amendment Act 2018 18.10.2018 Sch 1 (cll 1 to 6)—22.10.2018 (Gazette 18.10.2018 p3821) 2019 9 Statutes Amendment (Screening) Act 2019 16.5.2019 Pt 3 (ss 16 & 17)—1.7.2019 (Gazette 27.6.2019 p2322) Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 2 will expire: s 6 ss 8A and 8B inserted by 9/2019 s 16 1.7.2019 s 12 s 12(1) amended by 17/2018 Sch 1 cl 1 22.10.2018 s 13 s 13(1) amended by 17/2018 Sch 1 cl 2 22.10.2018 s 14 s 14(1) amended by 17/2018 Sch 1 cl 3 22.10.2018 Pt 3 will expire: s 19 Pt 4 s 23A inserted by 17/2018 Sch 1 cl 4 22.10.2018 s 26A inserted by 17/2018 Sch 1 cl 5 22.10.2018 ss 31A and 31B inserted by 17/2018 Sch 1 cl 6 22.10.2018 Pt 7 s 43 s 43(1) deleted by 9/2019 s 17 1.7.2019 Historical versions
22.10.2018
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