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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children and Young People (Safety) (Miscellaneous)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Children
and Young People (Safety) Act 2017
and to make related amendments to the
Children's
Protections Law Reform (Transitional Arrangements and Related Amendments) Act
2017
.
Contents
Part 2—Amendment of Children and Young
People (Safety) Act 2017
4Amendment of section 18—Meaning of at
risk
5Amendment of section 43—Custody of removed
child or young person
6Amendment of section 50—When application
can be made for Court orders
7Amendment of section 59—Onus on objector
to prove order should not be made
8Amendment of section 90—Long-term care
plan to be prepared
10Amendment of section 92—Application of
Part
11Amendment of section 95—Review by
Contact Arrangements Review Panel
12Amendment of section
121—Interpretation
13Amendment of section 142—Disclosure of
information
14Amendment of section
161—Payment of money to Chief Executive on behalf of child or young
person
15Amendment of Schedule 1—Repeal and
related amendment
Schedule 1—Related amendments and
transitional provisions etc
1Amendment of section 12—Transitional
provisions—foster parents
2Amendment of section 13—Transitional
provisions—licensed foster care agencies
3Amendment of section 14—Transitional
provisions—licensed children's residential facilities
23ACertain
placements to continue as placements under Children and Young People (Safety)
Act 2017
26ACertain
proceedings continued as proceedings under Children and Young People (Safety)
Act 2017
6Insertion of sections 31A and 31B
Part 2—Transitional provisions
etc
7Moneys held on behalf of child or young
person
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children and Young People (Safety)
(Miscellaneous) Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
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 Children and Young People (Safety)
Act 2017
4—Amendment
of section 18—Meaning of at
risk
Section 18(1)(c)(ii)—delete "
Marriage
Act 1972
" and substitute:
5—Amendment
of section 43—Custody of removed child or young
person
Section 43—after its present contents (now to be designated as
subsection (1)) insert:
(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.
6—Amendment
of section 50—When application can be made for Court
orders
(1) Section 50(4)—delete "Before applying for a prescribed Court
order in relation to a child or young person removed from a person under this
Act, the Chief Executive must" and substitute:
Except in the circumstances set out in the regulations, the Chief Executive
must, before applying for a prescribed Court order in relation to a child or
young person removed from a person under this Act,
(2) Section 50(5), definition of prescribed Court order,
(d)—delete "definition." and substitute:
definition,
but does not include an order of a kind declared by the regulations not to
be included in the ambit of this definition.
7—Amendment
of section 59—Onus on objector to prove order should not be
made
Section 59—after subsection (1) insert:
(1a) However, this section does not apply to proceedings of a kind
prescribed by the regulations.
8—Amendment
of section 90—Long-term care plan to be prepared
Section 90(3)—delete subsection (3)
9—Amendment
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:
(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).
10—Amendment
of section 92—Application of Part
Section 92—after its present contents (now to be designated as
subsection (1)) insert:
(2) This Part does not apply to the following children and young
people:
(a) a child or young person placed under the long-term guardianship of a
person following an application under section 91;
(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
;
(c) a child or young person of a kind prescribed by the
regulations.
11—Amendment
of section 95—Review by Contact Arrangements Review
Panel
Section 95(1)—delete subsection (1) and substitute:
(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:
(a) the child or young person;
(b) a person allowed contact with the child or young person pursuant to
the determination;
(c) a person who is refused contact with the child or young person
pursuant to the determination.
12—Amendment
of section 121—Interpretation
Section 121(1), definition of child welfare law—after
paragraph (a) insert:
(ab) the
Children's
Protection Act 1993
;
13—Amendment
of section 142—Disclosure of information
(1) Section 142—delete "this Act" and substitute:
a prescribed child protection law
(2) Section 142—after its present contents (now to be designated as
subsection (1)) insert:
(2) In this section—
prescribed child protection law means—
(a) this Act;
(b) the
Children's
Protection Act 1993
;
(c) any other Act prescribed by the regulations for the purposes of this
paragraph.
14—Amendment
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:
(2) The Chief Executive
must cause any money received on behalf of a child or young
person—
(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
(b) to be deposited in an ADI account in the name of the child or young
person.
(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.
15—Amendment
of Schedule 1—Repeal and related amendment
Schedule 1 Part 2 clause 2—after paragraph (b) insert:
(ba) section 8C;
(bb) Part 2 Division 4;
Schedule 1—Related
amendments and transitional provisions etc
Part 1—Amendment of Children's Protections
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—
(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
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 substitute:
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
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 substitute:
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
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).
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:
(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.
Part 2—Transitional provisions
etc
7—Moneys
held on behalf of child or young person
(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 14
of this Act), that is being held on behalf of a child or young person,
regardless of where the money is being held.
(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 14
of this Act) and is to be dealt with in accordance with that
section.
(3) In this clause—
Chief Executive has the same meaning as in the
Children
and Young People (Safety) Act 2017
.