South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children's Protection Law Reform (Transitional
Arrangements and Related Amendments) Bill 2017
A BILL FOR
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 2—Transitional provisions
relating to Child Safety (Prohibited Persons) Act 2016
8Recognition of certain assessments of relevant
history as working with children checks
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
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
23References to working with children checks and
the Child Safety (Prohibited Persons) Act 2016 etc
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
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investigations etc under repealed Act to continue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repealed Act
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
Part 5—Amendment of Births, Deaths
and Marriages Registration Act 1996
39Amendment of section 25—Application to
register change of child's name
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
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
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
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
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
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
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
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
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 clause
13—Exclusions
127Amendment of clause 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
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
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
33ASuspension of
teacher's registration if working with children check not current
etc
144Amendment of section 37—Employer to
report dismissal
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
21APersons not to be employed
in training centres etc unless assessed
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children's Protection Law Reform
(Transitional Arrangements and Related Amendments) Act 2017.
(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.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
(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
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.
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).
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, an approved
foster parent under section 43 of the
Family
and Community Services Act 1972
; 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, licensed as
a foster care agency under section 48 of the
Family
and Community Services Act 1972
; 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, the holder
of a licence to maintain a children's residential facility under section 51 of
the
Family
and Community Services Act 1972
; 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).
(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
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.
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 clause.
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
(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.
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 clause, 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.
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.
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).
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
commercial carers 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.
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
43—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of prescribed
offence—after paragraph (b) insert:
(ba) an offence against section 69 of the
Criminal
Law Consolidation Act 1935
(bestiality); or
(2) Section 5(1), definition of prescribed
offence—after paragraph (f) insert:
(fa) an offence against a following provision of the Criminal Code
of the Commonwealth (offences committed overseas involving child pornography
material or child abuse material):
(i) section 273.5;
(ii) section 273.6;
(iii) section 273.7; or
(fb) an offence against section 233BAB of the
Customs
Act 1901
of the Commonwealth where the tier 2 goods to which the offence relates
consist of or include items of child pornography (within the meaning of that
section); or
44—Amendment
of section 8—Meaning of assessable
information
(1) Section 8(1)—after paragraph (f) insert:
(fa) information that relates to the cancellation of an approval of an
approved carer under the
Children
and Young People (Safety) Act 2017
;
(2) Section 8(1)—after paragraph (g) insert:
(ga) information that relates to a notification made pursuant to Chapter 5
Part 1 of the
Children
and Young People (Safety) Act 2017
;
(3) Section 8(1)(h)—delete "the
Children's
Protection Act 1993
) held by the administrative unit of the Public Service that is responsible
for assisting a Minister in the administration of the
Children's
Protection Act 1993
and that relates to the possible abuse or neglect of a child" and
substitute:
the
Children's
Protection Act 1993
or the
Children
and Young People (Safety) Act 2017
) held by an administrative unit of the Public Service that is responsible
for assisting a Minister in the administration of the
Children
and Young People (Safety) Act 2017
and that relates to harm caused, or a risk of harm, to a child
Part 8—Amendment
of Child Sex Offenders Registration
Act 2006
45—Amendment
of Schedule 1—Class 1 and 2 offences
(1) Schedule 1 clause 3—after paragraph (j) insert:
(ja) an offence against section 69 of the
Criminal
Law Consolidation Act 1935
(bestiality);
(2) Schedule 1 clause 3—after paragraph (sb) insert:
(sba) an offence against section 273.5 of the Criminal Code of the
Commonwealth;
(sbb) an offence against section 273.6 of the Criminal Code of the
Commonwealth;
(sbc) an offence against section 273.7 of the Criminal Code of the
Commonwealth;
(3) Schedule 1 clause 3—after paragraph (z) insert:
(zaa) an offence against section 233BAB of the
Customs
Act 1901
of the Commonwealth where the tier 2 goods to which the offence relates
consist of or include items of child pornography (within the meaning of that
section);
Part 9—Amendment
of Children and Young People (Oversight and
Advocacy Bodies) Act 2016
After section 13 insert:
13A—Reporting obligations
(1) The
Commissioner must, on or before 31 October in each year, report to the Minister
on the performance of the Commissioner's functions during the preceding
financial year.
(2) The Minister must, within 6 sitting days after receiving a report from
the Commissioner, have copies of the report laid before both Houses of
Parliament.
47—Amendment
of section 26—Functions and powers of Guardian
(1) Section 26(1)(a)—delete "Minister" and substitute:
Chief Executive
(2) Section 26(1)(b)—delete "Minister" and substitute:
Chief Executive
(3) Section 26(1)(c)—delete "Minister" and substitute:
Chief Executive
(4) Section 26(1)(d)—delete "Minister" second occurring and
substitute:
Chief Executive
(5) Section 26(2)(b)—delete "Minister" and substitute:
Chief Executive
(6) Section 26(4)—delete "Minister's" and substitute:
Chief Executive's
(7) Section 26(4)—after the definition of alternative
care insert:
Chief Executive means the Chief Executive within the meaning
of the
Children
and Young People (Safety) Act 2017
.
48—Amendment
of section 37—Functions of the Committee
Section 37(3)(d)—delete "Minister" and substitute:
Chief Executive (within the meaning of the
Children
and Young People (Safety) Act 2017
)
Part 10—Amendment
of Children and Young People (Safety)
Act 2017
49—Amendment
of section 28—Chief Executive to prepare case plan in respect of certain
children and young people
Section 28(5), definition of prescribed child or young
person, (b)—after "Act" insert:
(other than a child or young person in relation to whom an order
contemplated by section 91 placing the child or young person into the long-term
guardianship of a person has been made)
50—Amendment
of section 32—Chief Executive must assess and take action on each report
indicating child or young person may be at risk
Section 32—after subsection (4) insert:
(5) The regulations may make further provision in relation to an
assessment under this section (including provisions relating to a system
referred to in subsection (2) and the disclosure and confidentiality of
information gathered, collated or provided under the system).
51—Amendment
of section 33—Chief Executive may refer matter
Section 33(5)—delete subsection (5)
52—Amendment
of section 53—Orders that can be made by Court
Section 53—after subsection (1) insert:
(1a) Without limiting the orders that can be made under subsection (1),
the Court may make an order placing a child or young person under the
guardianship of a specified parent of the child or young person.
Note—
Such an order would confer guardianship on the specified parent to the
exclusion of the rights of any other parent of the child or young
person—see section 68.
(1b) Without
limiting the orders that can be made under subsection (1), the Court may, if the
Court makes an order placing a child or young person under the guardianship of
the Chief Executive or a specified person or persons—
(a) until the child or young person attains 18 years of age; or
(b) such that the child or young person has been under the guardianship of
the Chief Executive, or the person or persons, for a period of at least 24
continuous months,
make a declaration of the name by which the child or young person is to be
known.
(1c) However, the Court may only make a declaration under
subsection (1b)
if the Court is satisfied that it is in the best interests of the child or
young person to do so.
(1d) If the Court makes a declaration under
subsection (1b)
—
(a) the Registrar of the Court must give notice of the declaration to the
Registrar of Births, Deaths and Marriages in accordance with any requirements in
the regulations; and
(b) the Registrar of Births, Deaths and Marriages must, as soon as is
reasonably practicable after receiving the notice, register the change of name
under section 28(1) of the
Births,
Deaths and Marriages Registration Act 1996
.
(1e) Sections 26, 27 and 28(2)and (3) of the
Births,
Deaths and Marriages Registration Act 1996
do not apply in relation to a change of name under this section.
(1f) Nothing in this section prevents the name of a child or young person
being later changed in accordance with the law of the State.
53—Amendment
of section 90—Long-term care plan to be prepared
Section 90(3)—delete subsection (3) and substitute:
(3) The Chief Executive must cause a copy of a long-term care plan to be
provided to the Court in any application contemplated by
section 91.
54—Amendment
of section 103—Interpretation
(1) Section 103, definition of children's residential
facility, (d)—delete "a training" and substitute:
other
(2) Section 103, definition of children's residential
facility—after paragraph (d) insert:
(da) a training centre established under the
Youth
Justice Administration Act 2016
; or
55—Insertion
of Chapter 7 Part 7A
After section 110 insert:
Part 7A—Assessment of employees in other
residential facilities
110A—Persons not to be employed in certain
residential facilities established under Family and Community Services
Act 1972
(1) A person must
not be employed in a residential facility established by the Minister under
section 36 of the
Family
and Community Services Act 1972
unless the person has undergone a psychological or psychometric assessment
of a kind determined by the Chief Executive for the purposes of this
section.
(2) However,
subsection (1)
does not apply to the employment of a person or a person of a class, or
the employment of a person in circumstances, prescribed by the regulations for
the purposes of this subsection.
(3) A person who is
employed in a residential facility in contravention of
subsection (1)
is guilty of an offence.
Maximum penalty:
(a) for a first or second offence—$20 000;
(b) for a third or subsequent offence—$50 000 or imprisonment for 1
year.
(4) A person who employs, or continues to employ, a person in a
residential 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.
Before section 113 insert:
112A—Chief Executive may provide assistance to
persons caring for children and young people
The Chief Executive may grant to an approved carer or other person in whose
care a child or young person has been placed under this Act or the
Family
Relationships Act 1975
such financial or other assistance in relation to the care and maintenance
of the child or young person as may be determined by the Chief
Executive.
57—Amendment
of section 163—Protection of identity of persons who report to or notify
Department
(1) Section 163(1)—delete ", in the course of the administration,
operation or enforcement of this Act,"
(2) Section 163(1)—after paragraph (a) insert:
(ab) is required or authorised by the Chief Executive or under this Act;
or
After section 166 insert:
166A—Limitation on tortious liability for acts of
certain children and young people
No liability in tort attaches to the Crown, the Minister, the Chief
Executive or any employee of the Department in respect of an act or omission of
a child or young person under the guardianship of the Chief Executive, or of
whom the Chief Executive has custody under any Act, unless the act or omission
occurs while the child or young person—
(a) is acting as the servant or agent of the Chief Executive or employee
of the Department; and
(b) is acting within the scope of such employment or authority.
59—Amendment
of section 170—Regulations
Regulation 170(3)—after paragraph (c) insert:
and
(ca) make provisions of a saving or transitional nature consequent on the
commencement of the
Child
Safety (Prohibited Persons) Act 2016
; and
60—Amendment
of Schedule 1—Repeal and related amendment
Schedule 1 Part 2—delete Part 2 and substitute:
Part 2—Amendment and repeal of Children's
Protection Act 1993
2—Amendment of Children's Protection
Act 1993
The following provisions of the
Children's
Protection Act 1993
are repealed:
(a) sections 3, 5 and 7;
(b) Part 2 Division 1 and 22;
(c) Parts 3 to 8 (inclusive);
(d) sections 56 to 61 (inclusive);
(e) Schedule 1.
2A—Repeal of Children's Protection
Act 1993
The
Children's
Protection Act 1993
is repealed—
(a) on a day to be fixed by proclamation; or
(b) on the day on which the transitional period (within the meaning of
section 4 of the
Children's
Protection Law Reform (Transitional Arrangements and Related Amendments) Act
2017
) expires,
whichever is the sooner.
Part 11—Amendment
of Coroners
Act 2003
61—Amendment
of section 3—Interpretation
Section 3(1), definition of reportable
death(f)(ii)—delete "under the
Children's
Protection Act 1993
" and substitute:
or Chief Executive under the
Children
and Young People (Safety) Act 2017
Part 12—Amendment
of Criminal Law Consolidation
Act 1935
62—Amendment
of section 5—Interpretation
Section 5(1)—after the definition aggravated offence
insert:
approved carer, of a child, means an approved carer (within
the meaning of the
Children
and Young People (Safety) Act 2017
) in whose care the child has been placed under that Act;
63—Amendment
of section 49—Unlawful sexual intercourse
Section 49(5a)(b)—after "foster parent," insert:
approved carer,
64—Amendment
of section 50—Persistent sexual exploitation of a
child
Section 50(8)(b)—after "foster parent," insert:
approved carer,
65—Amendment
of section 57—Consent no defence in certain cases
Section 57(4)(b)—after "foster parent," insert:
approved carer,
66—Amendment
of section 63B—Procuring child to commit indecent act
etc
Section 63B(6)(b)—after "foster parent," insert:
approved carer,
Part 13—Amendment
of Education and Early Childhood Services
(Registration and Standards) Act 2011
67—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of proceedings before
the Board insert:
prohibited person means a prohibited person under the
Child
Safety (Prohibited Persons) Act 2016
;
(2) Section 3(1)—after the definition of trustee services
provider insert:
working with children check means a working with children
check under the
Child
Safety (Prohibited Persons) Act 2016
.
68—Amendment
of section 13—Meaning of certain terms in
Education and Care Services National Law (South
Australia) for the purposes of this jurisdiction
(1) Section 13(1)—after paragraph (c) insert:
(ca) the
Children
and Young People (Safety) Act 2017
; and
(2) Section 13(10)—delete "
Children's
Protection Act 1993
" and substitute:
Child
Safety (Prohibited Persons) Act 2016
After section 13 insert:
13A—Working with children
checks
A reference to an authorised person in section 170 of the
Education and Care Services National Law (South Australia) will be taken
to include a reference to a person—
(a) in respect of whom a working with children check has been conducted
under the
Child
Safety (Prohibited Persons) Act 2016
within the preceding 5 years; and
(b) who is not a prohibited person (within the meaning of that
Act).
70—Amendment
of section 22—Composition of Board
Section 22—after subsection (2) insert:
(2a) A person is not eligible to be appointed to the Teachers Registration
Board unless a working with children check has been conducted in relation to the
member within the preceding 5 years.
71—Amendment
section 23—Conditions of membership
(1) Section 23(3)—after paragraph (a) insert:
(ab) if a working with children check has not been conducted in relation
to the member within the preceding 5 years; or
(2) Section 23(4)—after paragraph (c) insert:
(ca) becomes a prohibited person (including where the member becomes a
prohibited person by force of section 15 of the
Child
Safety (Prohibited Persons) Act 2016
on the day that section comes into operation); or
72—Amendment
of section 27—Registrars of Board
Section 27—after subsection (2) insert:
(2a) A person is not eligible to be appointed as a Registrar unless a
working with children check has been conducted in relation to the person within
the preceding 5 years.
73—Amendment
of section 28—Staff of Board
Section 27—after subsection (1) insert:
(1a) A person is not eligible to be assigned to assist the Board, or
employed by the Board, unless a working with children check has been conducted
in relation to the person within the preceding 5 years.
Part 14—Amendment
of Family and Community Services
Act 1972
74—Amendment
of section 6—Interpretation
(1) Section 6(1), definition of authorised
officer—delete the definition
(2) Section 6(1), definition of Chief Executive
Officer—delete "Officer" wherever occurring
(3) Section 6(1), definition of children's residential
facility—delete the definition
(4) Section 6(1), definition of foster care
agency—delete the definition
(5) Section 6(1), definition of foster parent—delete
the definition
(6) Section 6(1), definition of guardian—delete
"Officer"
(7) Section 6(1), definition of Minister—delete the
definition
(8) Section 6(1), definition of Youth Court—delete the
definition
(9) Section 6(5)—delete "Officer"
75—Amendment
of section 8—Delegation
Section 8—delete "Officer" wherever occurring
76—Repeal
of Part 2 Division 3
Part 2 Division 3—delete Division 3
77—Repeal
of Part 2 Division 5
Part 2 Division 5—delete Division 5
78—Amendment
of section 23—Special welfare funds
(1) Section 23(4)(b)—delete "a foster care service for children" and
substitute:
an out of home care service for children and young people (within the
meaning of the
Children
and Young People (Safety) Act 2017
)
(2) Section 23(4)(c)—delete "residential, foster or similar care
apart from their guardians and relatives" and substitute:
out of home care (within the meaning of the
Children
and Young People (Safety) Act 2017
)
79—Amendment
of section 36—Establishment of facilities and programmes for
children
Section 36(2)—delete "Officer"
80—Repeal
of Part 4 Division 2 Subdivision 3
Part 4 Division 2 Subdivision 3—delete Subdivision 3
81—Repeal
of Part 4 Division 2 Subdivision 4
Part 4 Division 2 Subdivision 3—delete Subdivision 4
82—Repeal
of Part 4 Division 2 Subdivision 8
Part 4 Division 2 Subdivision 3—delete Subdivision 8
83—Amendment
of section 98—Liability of near relatives for maintenance of
child
Section 98(1)—after "Minister" insert:
or the Chief Executive under the
Children
and Young People (Safety) Act 2017
84—Amendment
of section 99—Issue of summons for maintenance
Section 99(2)—after "Minister" first occurring insert:
or the Chief Executive under the
Children
and Young People (Safety) Act 2017
85—Amendment
of section 104—Order for payment of preliminary
expenses
Section 104(1)—delete "Officer"
86—Amendment
of section 105—Where order made during pregnancy
Section 105(1)(b)—delete "Officer"
87—Amendment
of section 111—Power of Chief Executive to accept settlement in
full
Section 111—delete "Officer" wherever occurring
88—Amendment
of section 117—Order for payment of medical and like
expenses
Section 117(1)—delete "Officer"
89—Amendment
of section 142—Evidentiary provision
Section 142—after paragraph (e) insert:
or
(f) that a child is under the guardianship of the Chief Executive under
the
Children
and Young People (Safety) Act 2017
pursuant to an order under that or any other Act,
90—Amendment
of section 145—Variation of order against near relative of
child
Section 145(1)—delete "Officer"
91—Amendment
of section 151—Orders may direct mode of payment
Section 151(a)—delete "Officer"
92—Amendment
of section 156—Order for delivery of attached
property
Section 156(1)—delete "Officer"
93—Amendment
of section 158—Liability of persons contravening
order
Section 158—delete "Officer"
94—Amendment
of section 159—Collection by police of money due to Chief
Executive
Section 159—delete "Officer" wherever occurring
95—Amendment
of section 160—Caveats
Section 160—delete "Officer" wherever occurring
96—Amendment
of section 161—Warrant to enforce payments under
orders
Section 161—delete "Officer" wherever occurring
97—Amendment
of section 163—Sale under warrant
Section 163—delete "Officer"
98—Amendment
of section 164—Assurances to purchaser
Section 164(1)—delete "Officer"
99—Amendment
of section 165—Issue of warrant without previous
demand
Section 165(3)—delete "Officer"
100—Amendment
of section 166—Effect of payment under warrant
Section 165—delete "Officer"
101—Amendment
of section 176—Application for attachment of earnings
order
Section 176(9)(c)—delete "Officer"
102—Amendment
of section 177—Employer to make payments under order
Section 177—delete "Officer" wherever occurring
103—Amendment
of section 179—Discharge, suspension or variation of
order
Section 179(2)(c)—delete "Officer"
104—Amendment
of section 180—Cessation of attachment of earnings
order
Section 180(3)—delete "Officer"
105—Amendment
of section 183—Notice to defendants of payments made
Section 183(2)—delete "Officer"
106—Amendment
of section 189—Payments by Crown etc
Section 183(2)—delete "officer"
107—Amendment
of section 195—Proof of payment or non-payment under maintenance
order
Section 195—delete "Officer" wherever occurring
108—Amendment
of section 197—Collector of Maintenance, Deputy Collector of Maintenance
and Assistant Collectors of Maintenance
Section 197(1)(a)—delete "Officer"
Section 236—delete the section
110—Amendment
of section 236A—Hindering a person in execution of
duty
Section 236A—delete "Officer, an authorised officer"
111—Amendment
of section 240—Evidentiary provision
Section 240(1)—delete "Officer" wherever occurring
112—Amendment
of section 242—Chief Executive may require report
Section 242(1)—delete "Officer" wherever occurring
Section 250—delete the section
Section 250A—delete the section
115—Amendment
of section 251—Regulations
(1) Section 250(i)—delete "of the Minister or the Chief Executive
Officer or of whom the Minister has custody under any Act" and
substitute:
or in the custody of the Minister or the Chief Executive, or the Chief
Executive under the
Children
and Young People (Safety) Act 2017
, pursuant to an order under that or any other Act;
(2) Section 250(k)—delete paragraph (k)
(3) Section 250(k1)—delete paragraph (k1)
Part 15—Amendment
of Intervention Orders (Prevention of Abuse)
Act 2009
116—Amendment
of section 3—Interpretation
Section 3(1), definition of Children's Protection Act
order—delete the definition and substitute:
State child protection order means an order made under the
Children's
Protection Act 1993
or the
Children
and Young People (Safety) Act 2017
;
117—Amendment
of section 10—Principles for intervention against
abuse
(1) Section 10(2)(a)—delete "Children's Protection Act order" and
substitute:
State child protection order
(2) Section 10(2)(b)—delete "Children's Protection Act order" and
substitute:
State child protection order
118—Amendment
of section 16—Inconsistent Family Law Act or State child protection
orders
Section 16(2)—delete subsection (2) and substitute:
(2) An intervention order prevails over a State child protection order
(being an order under section 38 of the
Children's
Protection Act 1993
or a corresponding order made under the section 53 of the
Children
and Young People (Safety) Act 2017
) to the extent of any inconsistency (but the Youth Court may resolve the
inconsistency by varying or revoking the order on application under the
Children
and Young People (Safety) Act 2017
).
119—Amendment
of section 20—Application to Court for intervention
order
(1) Section 20(1)(d)—delete "Children's Protection Act order under
section 38 of the
Children's
Protection Act 1993
in force in respect of the child—the Minister responsible for the
administration of that Act" and substitute:
State child protection order in force in respect of the child—the
Minister responsible for the administration of the
Children
and Young People (Safety) Act 2017
(2) Section 20(3)—delete "Children's Protection Act order" and
substitute:
State child protection order
120—Amendment
of section 23—Determination of application for intervention
order
Section 23(1a)—delete "Children's Protection Act order" wherever
occurring and substitute in each case:
State child protection order
121—Amendment
of section 26—Intervention orders
Section 26(1)(c)—delete "Children's Protection Act order under
section 38 of the
Children's
Protection Act 1993
" and substitute:
State child protection order (being an order under section 38 of the
Children's
Protection Act 1993
or a corresponding order made under the section 53 of the
Children
and Young People (Safety) Act 2017
)
Part 16—Amendment
of Mental Health
Act 2009
122—Amendment
of section 86—Minister's functions
Section 86(c)—after "1993" insert:
, or of the Chief Executive under the
Children
and Young People (Safety) Act 2017
Part 17—Amendment
of Residential Tenancies
Act 1995
123—Amendment
of section 89A—Termination based on domestic abuse
Section 89A(9)(b)—after "1993" insert:
or the
Children
and Young People (Safety) Act 2017
124—Amendment
of section 105UA—Termination based on abuse of rooming house
resident
Section 105UA(7)(b)—after "1993" insert:
or the
Children
and Young People (Safety) Act 2017
125—Amendment
of section 112—Restraining orders
Section 112(1b)(b)—after "1993" insert:
or the
Children
and Young People (Safety) Act 2017
Part 18—Amendment
of Spent Convictions
Act 2009
126—Amendment
of clause 13—Exclusions
Section 13(4)—delete "6,"
127—Amendment
of clause 13A—Exclusions may not apply
(1) Section 13A(1)—delete "6,"
(2) Section 13A(6)(b)—delete paragraph (b)
128—Amendment
of Schedule 2—Provisions relating to proceedings before a qualified
magistrate
(1) Schedule 2 clause 3(2)—delete "6 or"
(2) Schedule 2 clause 3(3), definition of designated
Minister, (a)—delete paragraph (a)
(3) Schedule 2 clause 3(3), definition of Minister for Children's
Protection—delete "the provision of criminal history assessments
for the purposes of Part 2 Division 3 of the
Children's
Protection Act 1993
" and substitute:
undertaking working with children checks under the
Child
Safety (Prohibited Persons) Act 2016
Part 19—Amendment
of Summary Offences
Act 1953
129—Substitution
of section 66V
Section 66V—delete section 66V and substitute:
66V—Power to remove children from dangerous
situations
For the purposes of section 41 of the
Children
and Young People (Safety) Act 2017
, the requirements of subsection (1) of that section will be taken to be
satisfied if—
(a) a minor is in a declared public precinct; and
(b) a police officer is of the opinion that the minor—
(i) is in danger of being physically harmed or injured; or
(ii) is in danger of abuse (including assault and sexual assault, ill
treatment and exposure to behaviour that may cause psychological harm to the
minor); or
(iii) is behaving in an offensive or disorderly manner or is otherwise
committing or about to commit an offence.
Part 20—Amendment
of Summary Procedure
Act 1921
130—Amendment
of section 99AAC—Child protection restraining orders
(1) Section 99AAC(8), definition of Chief
Executive—delete the definition and substitute:
Chief Executive has the same meaning as in the
Children
and Young People (Safety) Act 2017
;
(2) Section 99AAC(8), definition of Minister—delete
"
Children's
Protection Act 1993
" and substitute:
Children
and Young People (Safety) Act 2017
131—Amendment
of section 99KA—Special restrictions relating to child protection
restraining order proceedings
Section 99KA(4)(b)—delete "the administrative unit of the Public
Service charged with the administration of the
Children's
Protection Act 1993
" and substitute:
an administrative unit of the Public Service assisting a Minister with the
administration of the
Children
and Young People (Safety) Act 2017
Part 21—Amendment
of Teachers Registration and Standards
Act 2004
132—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of professional standards
for teachers insert:
prohibited person means a prohibited person under the
Child
Safety (Prohibited Persons) Act 2016
;
(2) Section 3—after the definition of teacher regulatory
authority insert:
unique identifier, of a person, means a unique identifier
issued to the person under the
Child
Safety (Prohibited Persons) Act 2016
;
(3) Section 3—after the definition of unprofessional
conduct insert:
working with children check means a working with children
check under the
Child
Safety (Prohibited Persons) Act 2016
.
133—Amendment
of section 9—Membership of Teachers Registration
Board
Section 9—after subsection (1) insert:
(1a) A person is not eligible to be appointed to the Teachers Registration
Board unless a working with children check has been conducted in relation to the
member within the preceding 5 years.
134—Amendment
of section 10—Terms and conditions of membership
(1) Section 10(5)—after paragraph (a) insert:
(ab) if a working with children check has not been conducted in relation
to the member within the preceding 5 years; or
(2) Section 10(6)—after paragraph (c) insert:
(ca) becomes a prohibited person (including where the member becomes a
prohibited person by force of section 15 of the
Child
Safety (Prohibited Persons) Act 2016
on the day that section comes into operation); or
135—Amendment
of section 21—Eligibility for registration
(1) Section 21(1)—delete "the person"
(2) Section 21(1)(a)—before "has" insert:
the person
(3) Section 21(1)(b)—before "has" insert:
the person
(4) Section 21(1)(c)—delete paragraph (c) and substitute:
(c) a working with children check has been conducted in relation to the
person within the preceding 5 years; and
(d) the person is not a prohibited person; and
(e) the person is otherwise a fit and proper person to be a registered
teacher.
136—Amendment
of section 22—Application for registration
Section 22(2)(a)—after paragraph (a) insert:
(ab) provide evidence of a kind determined by the Board that a working
with children check has been conducted in relation to the applicant within the
preceding 5 years; and
137—Amendment
of section 24—Conditions of registration
(1) Section 24—before subsection (1) insert:
(a1) It is a condition of every registration that a working with children
check be conducted in relation to the person at least once in each 5 year
period.
(2) Section 24(2)—after paragraph (b) insert:
and
(c) make it a condition of every registration that if—
(a) the person becomes a prohibited person; or
(b) more than 5 years have elapsed since a working with children check has
been conducted in relation to the person,
the person must give written notice of that fact to the Board containing
the details specified in the condition.
(3) Section 24(3)—after "condition" first occurring
insert:
(other than the condition imposed by subsection (a1))
After section 24 insert:
24A—Automatic cancellation of registration of
prohibited persons
(1) Subject to this section, the registration of a teacher is, by force of
this section, cancelled if the teacher becomes a prohibited person.
(2) The cancellation of a teacher's registration under this section has
effect from the time a prohibition notice is issued to the teacher under section
32 of the
Child
Safety (Prohibited Persons) Act 2016
(3) If the issue of the prohibition notice to the teacher is set aside by
the South Australian Civil and Administrative Tribunal or any other court, the
cancellation of the teacher's registration under this section will be taken to
be void and of no effect (and the Teachers Registration Board must take steps as
may be necessary to give effect to this subsection).
139—Amendment
of section 28—Register
(1) Section 28(2)—after paragraph (b) insert:
(ba) the person's unique identifier; and
(bb) details of the most recent working with children check conducted in
relation to the person (if known); and
(2) Section 28—after subsection (4) insert:
(4a) A registered person must, as soon as is reasonably practicable after
a working with children check is conducted in relation to the person (but in any
event within 7 days), inform the Registrar in writing of that fact, and provide
such details relating to the working with children check as the Registrar may
require.
140—Amendment
of section 30—Special authority for unregistered person to
teach
(1) Section 30—after subsection (1) insert:
(1a) It is a condition of every special authority that a working with
children check be conducted in relation to the person at least once in each 5
year period.
(2) Section 30(2)—delete subsection (2) and substitute:
(2) Without otherwise limiting the discretion of the Board under
subsection (1), the Teachers Registration Board may only grant a person a
special authority if—
(a) the person is not a prohibited person under the
Child
Safety (Prohibited Persons) Act 2016
; and
(b) a working with children check has been conducted in relation to the
person within the preceding 5 years; and
(c) the person consents to the conduct by the Board of a criminal record
check relating to the person; and
(d) the person has met any other requirements prescribed by regulation for
the purposes of this subsection.
(3) Section 30(3)—after paragraph (a) insert:
(ab) be accompanied by evidence of a kind determined by the Board that a
working with children check has been conducted in relation to the person within
the preceding 5 years; and
(4) Section 30(3)(b)—delete "fee fixed by regulation" and
substitute:
prescribed fee
(5) Section 30—after subsection (3) insert:
(4) An applicant for a special authority must pay, in addition to the
prescribed fee, an amount specified by the Teachers Registration Board, being an
amount payable by the Board for the conduct by the Board of a criminal record
check relating to the applicant.
141—Amendment
of section 31—Register
(1) Section 31(2)—after paragraph (b) insert:
(ba) the person's unique identifier; and
(bb) details of the most recent working with children check conducted in
relation to the person (if known); and
(2) Section 31—after subsection (4) insert:
(4a) The holder of a special authority must, within 7 days after a working
with children check is conducted in relation to the person, inform the Registrar
in writing of that fact, and provide such details relating to the working with
children check as the Registrar may require.
142—Amendment
of section 33—Cause for disciplinary action
Section 33(1)—after paragraph (b) insert:
(ba) a working with children check has not been conducted in relation to
the teacher within the preceding 5 years; or
After section 33 insert:
33A—Suspension of teacher's registration if working
with children check not current etc
(1) The Teachers Registration Board may, if satisfied that a working with
children check has not been conducted in relation to a registered teacher within
the preceding 5 years suspend (without any requirement for a hearing or other
process) the registration of the teacher.
(2) A suspension under this section has effect—
(a) until the fulfilment of specified conditions or until further order of
the Teachers Registration Board; or
(b) if the teacher's registration is cancelled under section
35(2)—until that cancellation has effect,
whichever occurs first.
(3) To avoid doubt, a suspension of a teacher's registration under this
section has effect whether or not an appeal has, or is to be, instituted against
the decision to suspend the registration of the teacher.
144—Amendment
of section 37—Employer to report dismissal
Section 37—after subsection (1) insert:
(1a) If the employer of a practising teacher—
(a) dismisses the
teacher on the grounds that—
(i) the teacher is a prohibited person; or
(ii) a working with children check has not been conducted in relation to
the teacher within the preceding 5 years; or
(b) accepts the resignation of the teacher for a reason referred to in
paragraph (a)
,
the employer must, within 7 days, submit a written report to the Teachers
Registration Board—
(c) describing the circumstances of the dismissal or resignation;
and
(d) containing all other prescribed information.
Maximum penalty: $10 000.
After section 52 insert:
52A—Notification to employer that teacher is a
prohibited person etc
If the Registrar becomes aware that a person who is or has been registered
as a teacher is a prohibited person under
Child
Safety (Prohibited Persons) Act 2016
the Registrar must, as soon as practicable, give details of that fact
to—
(a) the person's employer if the person is a practising teacher;
and
(b) the chief executives of the Department, the Catholic Education Office
and the Association of Independent Schools of South Australia
Incorporated.
146—Amendment
of section 61—Regulations
Section 61—after subsection (2) insert:
(2a) The regulations may make provisions of a saving or transitional
nature consequent upon the enactment of the
Child
Safety (Prohibited Persons) Act 2016
or the
Children's
Protection Law Reform (Transitional Arrangements and Related Amendments) Act
2017
.
Part 22—Amendment
of Youth Court
Act 1993
147—Amendment
of section 7—Jurisdiction
Section 7(a)—after "
Children's
Protection Act 1993
" insert:
and the
Children
and Young People (Safety) Act 2017
Part 23—Amendment
of Youth Justice Administration
Act 2016
148—Amendment
of section 3—Objects and guiding principles
Section 3(1)(g)—delete "Minister, or of whom the Minister has
custody, under the
Children's
Protection Act 1993
" and substitute:
Chief Executive, or of whom the Chief Executive has custody, under the
Children
and Young People (Safety) Act 2017
149—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of Chief
Executive insert:
Child and Young Person's Visitor means the Child and Young
Person's Visitor under the
Children
and Young People (Safety) Act 2017
;
(2) Section 4(1), definition of guardian—delete
"Minister under the
Children's
Protection Act 1993
" and substitute:
Chief Executive under the
Children
and Young People (Safety) Act 2017
(3) Section 4(1), definition of Guardian for Children and Young
Persons—delete the definition and substitute:
Guardian for Children and Young People means the Guardian for
Children and Young People appointed under the
Children
and Young People (Oversight and Advocacy Bodies) Act 2017
;
150—Amendment
of section 10—Official visitors
Section 10—after "Visitor" insert:
, the Child and Young Person's Visitor
151—Amendment
of section 14—Training Centre Visitor's functions
Section 14(2)(b)(i)—delete "Minister under the
Children's
Protection Act 1993
" and substitute:
Chief Executive under the
Children
and Young People (Safety) Act 2017
152—Amendment
of section 43—Community programs
Section 43(3)(b)—delete "Minister, or of whom the Minister has
custody, under the
Children's
Protection Act 1993
" and substitute:
Chief Executive, or of whom the Chief Executive has custody, under the
Children
and Young People (Safety) Act 2017
After section 21 insert:
21A—Persons not to be employed in training centres
etc unless assessed
(1) A person must
not be employed in a training centre or other facility established by the
Minister under section 21 unless the person has undergone a psychological or
psychometric assessment of a kind determined by the Chief Executive for the
purposes of this section.
(2) However,
subsection (1)
does not apply to the employment of a person or a person of a class, or
the employment of a person in circumstances, prescribed by the regulations for
the purposes of this subsection.
(3) A person who is
employed in a training centre or other facility in contravention of
subsection (1)
is guilty of an offence.
Maximum penalty:
(a) for a first or second offence—$20 000;
(b) for a third or subsequent offence—$50 000 or imprisonment for 1
year.
(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.