Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment Act 2004 (SA)

South Australia

Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment Act 2004

An Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment Act 2004.

2—Commencement

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

3—Amendment provisions

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

Part 2—Amendment of Commission of Inquiry (Children in State Care) Act 2004

4—Amendment of section 10—Provision of information

1. (1)

   Section 10(2)(a)—after "a police officer" insert:

   and has been recently considered or investigated (or reconsidered or reinvestigated) by the police

2. (2)

   Section 10(2)—after paragraph (b) insert:

   1. (c)

      the information has been provided by the person who is (or who is alleged to be) the victim of the offence and that person has asked the Commissioner that the information not be provided to the Commissioner of Police or to the Director of Public Prosecutions under this section (but subject to the exception that the Commissioner may provide the information to the Commissioner of Police or to the Director of Public Prosecutions if the Commissioner considers it in the public interest to do so).

5—Amendment of Schedule 1

Schedule 1, clause 1, definition of child in State care—delete ", or another public official" and substitute:

or another public official, or the former body corporate known as the Children's Welfare and Public Relief Board