Criminal Law Consolidation (Foster Parents and Other Positions of Authority) Amendment Act 2019 (SA)

South Australia

Criminal Law Consolidation (Foster Parents and Other Positions of Authority) Amendment Act 2019

An Act to amend the Criminal Law Consolidation Act 1935.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation (Foster Parents and Other Positions of Authority) Amendment Act 2019.

2Commencement

1. (1)

   Subject to subsection (2), this Act comes into operation on the day on which it is assented to by the Governor.

2. (2)

   Section 4 of this Act will be taken to have come into operation on 22 October 2018.

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 Criminal Law Consolidation Act 19354Amendment of section 5 – Interpretation

Section 5(1)—after the definition of firearm insert:

foster parent, of a child, includes—

1. (a)

   an approved carer of the child; and

2. (b)

   a person in whose care the child is placed under section 77 of the Children and Young People (Safety) Act 2017;

5Amendment of section 49 – Unlawful sexual intercourse

Section 49(9)—after paragraph (g) insert:

1. (ga)

   the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or

6Amendment of section 50 – Persistent sexual abuse of child

Section 50(13)—after paragraph (g) insert:

1. (ga)

   the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or

7Amendment of section 57 – Consent no defence in certain cases

Section 57(4)—after paragraph (g) insert:

1. (ga)

   the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or

8Amendment of section 63B – Procuring child to commit indecent act etc

Section 63B(6)—after paragraph (g) insert:

1. (ga)

   the person is employed or providing services in a licensed children's residential facility (within the meaning of the Children and Young People (Safety) Act 2017), or a residential care facility or other facility established under section 36 of the Family and Community Services Act 1972, or is a person engaged in the administration of those Acts, acting in the course of the person's duties in relation to the child; or