Children's Protection Variation Regulations 2006 (SA)

South Australia

Children's Protection Variation Regulations 2006

under the Children's Protection Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Children's Protection Regulations 2006

1. Redesignation of regulation 4

2. Insertion of regulation 4

   4Aboriginal Child Placement Principle

3. Insertion of regulations 6 and 7

   6Powers and obligations of responsible authority in respect of criminal history

   7Obligations of certain organisations

Part 1—Preliminary

1—Short title

These regulations may be cited as the Children's Protection Variation Regulations 2006.

2—Commencement

These regulations will come into operation on 31 December 2006.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Children's Protection Regulations 2006

4—Redesignation of regulation 4

Regulation 4—redesignate the regulation as regulation 5

5—Insertion of regulation 4

After regulation 3 insert:

4—Aboriginal Child Placement Principle

For the purposes of section 4(5) of the Act, the Aboriginal Child Placement Principle is as follows:

(a)the fundamental principles contained in section 4 of the Act (the fundamental principles) apply to the placement of an Aboriginal child with the additional requirement that in determining a child's best interests under subsection (4) of that section consideration must be given to the child's Aboriginality;

(b)subject to the fundamental principles, an Aboriginal child who is being placed in alternative care (other than care provided in a detention facility) should be placed with the first in order of priority of the following persons who is available to provide the care:

(i)a member of the child's family, as determined by reference to Aboriginal culture;

(ii)a member of the child's community who has a relationship of responsibility for the child, as determined by reference to Aboriginal traditional practice or custom;

(iii)a member of the child's community, as determined by reference to Aboriginal traditional practice or custom;

(iv)a person with the same Aboriginal cultural background as the child;

(v)a non-Aboriginal person who is able to ensure that the child maintains significant contact with the child's family (as determined by reference to Aboriginal culture), the child's community or communities and the child's culture;

(c)if the placement of a child in alternative care in accordance with paragraph (b) is objected to by the child on reasonable grounds, the child should be placed with the next available person as determined by the order of priority referred to in paragraph (b).

6—Insertion of regulations 6 and 7

After regulation 5 (as redesignated by these regulations) insert:

6—Powers and obligations of responsible authority in respect of criminal history

(1)For the purposes of section 8B(1) and (2) of the Act, CrimTrac is a prescribed source.

(2)For the purposes of section 8B(6)(b) of the Act, the operation of the section is extended to apply to non-Government schools within the meaning of the Education Act 1972.

(3)For the purposes of the definition of responsible authority in section 8B(8) of the Act, the following bodies are approved bodies:

(a)the Association of Independent Schools of South Australia Incorporated;

(b)the Catholic Church Endowment Society Incorporated;

(c)the Lutheran Schools Association of South Australia, Northern Territory and Western Australia Incorporated.

(4)In this regulation—

CrimTrac means the CrimTrac Agency established under the Public Service Act 1999 of the Commonwealth.

7—Obligations of certain organisations

(1)For the purposes of section 8C(1) of the Act, the prescribed date is 1 January 2008.

(2)For the purposes of section 8C(2)(b) of the Act, the policies and procedures established under section 8C(1) must include provisions—

(a)taking into account the guidance provided by the Chief Executive on appropriate standards of conduct for adults in dealing with children; and

(b)reflecting the appropriate standards of care for ensuring the safety of children as defined by the Chief Executive; and

(c)reflecting the standards developed and issued by the Chief Executive to be observed in dealing with information obtained about the criminal history of employees and volunteers.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 14 December 2006

No 270 of 2006

DFCCS/05/008