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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 108
As laid on the table and read a first time, 24 May 2005
South Australia
Children's
Protection (Keeping Them Safe) Amendment Bill 2005
A Bill For
An Act to amend the Children's Protection Act 1993;
and to make a related amendment to the Family and Community Services
Act 1972.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Children's
Protection Act 1993
4 Substitution of section 3
3 Objects of Act
5 Substitution of section 4
4 Fundamental principles
6 Amendment of section 6—Interpretation
7 Substitution of heading to Part 2
8 Amendment of section 8—General
functions of the Minister
9 Insertion of Part 2 Divisions 2 and
3
Division 2—The
Chief Executive
8A General functions of the Chief
Executive
Division 3—Child safe
environments
8B Powers and obligations of Chief
Executive in respect of criminal history
8C Obligations of certain
organisations
10 Amendment of section 11—Notification
of abuse or neglect
11 Amendment of section 21—Orders Court
may make
12 Amendment of section 38—Court's power
to make orders
13 Amendment of section 48—Legal
representation of child
14 Insertion of Parts 7A, 7B and 7C
Part 7A—The Guardian
52A The Guardian
52B Staff and resources
52C The Guardian's functions and powers
52D The Guardian's reporting obligations
52E Confidentiality of information
Part 7B—The Council
for the Care of Children
52F Establishment of the Council
52G Terms of office of members
52H Procedures of the Council
52I Staff and resources
52J Functions of the Council
52K Council's reporting obligations
52L Confidentiality of information
52M Immunity from civil liability
Part 7C—The Child
Death and Serious Injury Review Committee
Division 1—Constitution and
Procedures of Committee
52N Establishment of the Committee
52O Terms of office of members
52P Procedures of the Committee
52Q Staff and resources
52R Immunity from civil liability
Division 2—Functions and
powers of the Committee
52S Functions of the Committee
52T Database
52U Reporting cases to the Committee
52V Powers of review
52W Committee's reporting obligations
Division 3—Confidentiality
52X Confidentiality of information
15 Repeal of section 55
Schedule 1—Related amendment of Family and Community Services
Act 1972
1 Repeal of Part 4 Division 1
Schedule 2—Statute law
revision amendment of Children's Protection Act 1993
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Children's Protection (Keeping
Them Safe) Amendment Act 2005.
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's Protection Act 1993
Section 3—delete the section and
substitute:
3—Objects of
Act
The objects of this Act are—
(a) to ensure that all children are safe from harm; and
(b) to ensure as far as practicable that all children are cared
for in a way that allows them to reach their full potential; and
(c) to
promote caring attitudes and responses towards children among all sections of
the community so that the need for appropriate nurture, care and protection
(including protection of the child's cultural identity) is understood, risks to
a child's wellbeing are quickly identified, and any necessary support,
protection or care is promptly provided; and
(d) to recognise the family as the primary means of providing
for the nurture, care and protection of children and to accord a high priority
to supporting and assisting the family to carry out its responsibilities to
children.
Section 4—delete the section and
substitute:
4—Fundamental
principles
(1) Every
child has a right to be safe from harm.
(2) Every
child has a right to care in a safe and stable family environment or, if such a
family environment cannot for some reason be provided, in some alternative form
of care in which the child has every opportunity that can be reasonably
provided to develop to his or her full potential.
(3) In
the exercise of powers under this Act, the above principles and the child's
wellbeing and best interests are to be the paramount considerations.
(4) In determining a child's best interests,
consideration must be given to the following:
(a) the
desirability of keeping the child within the child's own family and the
undesirability of withdrawing the child unnecessarily from a neighbourhood or
environment with which the child has an established sense of connection;
(b) the need to preserve and strengthen relationships between
the child, the child's parents and other members of the child's family (whether
or not the child is to reside with those parents or other family members);
(c) the
need to encourage, preserve and enhance the child's sense of racial, ethnic,
religious, spiritual and cultural identity and to respect traditions and values
of the community into which the child was born;
(d) if the child is able to form and express his or her own
views as to his or her best interests—those views;
(e) the undesirability of interrupting the child's education or
employment unnecessarily.
(5) In
relation to an Aboriginal child, the Aboriginal Child Placement Principle is to
be observed.
(6) A child who is placed or about to be placed
in alternative care—
(a) must be provided with—
(i) a nurturing, safe
and stable living environment; and
(ii) care that is, as far as practicable, appropriate to the
child's needs and culturally appropriate; and
(b) must be allowed to maintain relationships with the child's
family and community (to the extent that such relationships can be maintained
without serious risk of harm); and
(c) must
be consulted about, and (if the child is reasonably able to do so) take part in
making, decisions affecting the child's life, particularly decisions about the
child's ongoing care, where the child is to live, contact with the child's
family and the child's health and schooling; and
(d) must
be given information that is appropriate, having regard to the child's age and
ability to understand, about plans and decisions concerning the child's future;
and
(e) is entitled to have his or her privacy respected; and
(f) if the child is in alternative care and under the
guardianship, or in the custody, of the Minister—is entitled to regular review
of the child's circumstances and the arrangements for the child's care.
(7) All
proceedings under this Act must be dealt with expeditiously, with due regard to
the degree of urgency of each particular case.
6—Amendment of section 6—Interpretation
(1) Section 6(1)—after the definition of Aboriginal
child insert:
Aboriginal Child Placement Principle means the Aboriginal Child Placement
Principle as stated in the regulations;
(2) Section 6(1)—after the definition of abuse
or neglect insert:
alternative care means care provided for a child on a
residential basis—
(a) by or through a government or non-government agency; or
(b) in a foster home (including a foster home provided by a
member of the child's family),
and includes care provided in a detention facility for a child
who is held there in lawful detention and care provided under independent
living arrangements made for a child under the Minister's guardianship;
(3) Section 6(2)—before paragraph (a) insert:
(aa) there is a significant risk that the child
will suffer serious harm to his or her physical, psychological or emotional
wellbeing against which he or she should have, but does not have, proper
protection; or
(4) Section 6(2)(c)—delete
"maintain" wherever occurring and substitute in each case:
care for and protect
7—Substitution of heading to Part 2
Heading to Part 2—delete the heading and
substitute:
Part 2—The Minister, the Chief Executive
and child safe environments
Division 1—The
Minister
8—Amendment of section 8—General functions of the Minister
Section 8—after paragraph (k) insert:
(ka) to
encourage the provision of child safe environments particularly by government
and non-government organisations that provide services for, or have contact
with, children;
9—Insertion of Part 2 Divisions 2 and 3
Part 2—after section 8 insert:
Division 2—The Chief Executive
8A—General
functions of the Chief Executive
The Chief Executive has the following
functions:
(a) to develop codes of conduct and principles of good practice
for working with children;
(b) to provide guidance on appropriate standards of conduct for
adults in dealing with children;
(c) to define appropriate standards of care for ensuring the
safety of children;
(d) to provide guidance on how to deal with cases involving the
bullying or harassment of a child;
(e) to disseminate information about child abuse and neglect so
that cases of child abuse and neglect are more readily recognised and more
promptly dealt with;
(f) to provide guidance on how to deal with cases involving the
suspected abuse or neglect of a child;
(g) to provide guidance on the recruitment and supervision of
staff of government and non-government organisations who may have contact with
children in the course of their employment;
(h) to
ensure, as far as practicable, that procedures for making complaints about
cases of suspected child abuse or neglect are easily accessible and, in
particular, that they are accessible and responsive to children;
(i) to monitor
progress towards child safe environments in the government and non-government
sectors and to report regularly to the Minister on that subject;
(j) to develop and issue standards to be observed in dealing
with information obtained about the criminal history of employees and
volunteers who work with children in government or non-government
organisations.
Division 3—Child
safe environments
8B—Powers
and obligations of Chief Executive in respect of criminal history
(1) The Chief Executive must ensure—
(a) that,
as soon as reasonably practicable following the commencement of this section, a
report on the criminal history (if any) of each person occupying or acting in a
prescribed position (whether as an employee, volunteer, agent, contractor or
subcontractor) on that commencement is obtained from the Commissioner of Police
or some other prescribed source; and
(b) that,
before a person is appointed to, or engaged to act in, a prescribed position
(whether as an employee, volunteer, agent, contractor or subcontractor), a
report on the person's criminal history (if any) is obtained from the
Commissioner of Police or some other prescribed source.
(2) The Chief Executive may, at any time, as
the Chief Executive thinks necessary or desirable for the purpose of
establishing or maintaining child safe environments, obtain a report from the
Commissioner of Police or some other prescribed source on the criminal history
(if any) of any person who—
(a) occupies or acts in a prescribed position (whether as an
employee, volunteer, agent, contractor or subcontractor); or
(b) provides, or proposes to provide, services for the
government or is engaged (whether as an employee, volunteer, agent, contractor
or subcontractor) by a non-government organisation that provides, or proposes
to provide, services for the government.
(3) The
Chief Executive must ensure that information about the criminal history
contained in reports obtained under this section is dealt with in accordance
with the relevant standards.
(4) In this section—
prescribed position means a position in a government
department, agency or instrumentality that requires or involves—
(a) regular contact with children or working in close proximity
to children on a regular basis; or
(b) supervision or management of persons who have regular
contact with children or who work in close proximity to children on a regular
basis; or
(c) access to records relating to children; or
(d) the performance of functions or the undertaking of
activities of a type prescribed by regulation.
8C—Obligations
of certain organisations
(1) An organisation to which this section
applies must, as soon as practicable following the formation of the
organisation, or, in the case of an organisation in existence when this section
comes into operation, as soon as possible following the prescribed date,
establish appropriate policies and procedures for ensuring—
(a) that appropriate reports of abuse or neglect are made under
Part 4; and
(b) that child safe
environments are established and maintained within the organisation.
Maximum penalty: $10 000.
(2) Policies and procedures—
(a) may vary according to the size, nature and resources of the
organisation; but
(b) must include—
(i) the provisions (if
any) prescribed by regulation; and
(ii) provisions relating to the matters (if any) prescribed by
regulation.
(3) This section applies to an organisation
that—
(a) provides health, welfare, education, sporting or
recreational, religious or spiritual, child care or residential services wholly
or partly for children; and
(b) is a Government department, agency or
instrumentality, or a local government or non-government agency.
10—Amendment of section 11—Notification of abuse or neglect
(1) Section 11(1), penalty provision—delete the
penalty provision and substitute:
Maximum penalty: $10 000.
(2) Section 11(2)—after paragraph (g) insert:
(ga) a minister of religion;
(gb) a person who is an employee of, or volunteer
in, an organisation formed for religious or spiritual purposes;
(3) Section 11(2)(j)—after
"education," insert:
sporting or recreational,
(4) Section 11—after subsection (3) insert:
(4) This
section does not require a priest or other minister of religion to divulge
information communicated in the course of a confession made in accordance with
the rules and usages of the relevant religion.
(5) A
person does not necessarily exhaust his or her duty of care to a child by
giving a notification under this section.
11—Amendment of section 21—Orders Court may make
(1) Section 21(1)—after paragraph (a) insert:
(ab) an order authorising the assessment, by a
social worker or other expert, of a parent, guardian or other person who has,
or is responsible for, the care of a child to determine the capacity of that
parent or other person to care for and protect the child;
(2) Section 21(2)(a)—delete
"four weeks" and substitute:
6 weeks
12—Amendment of section 38—Court's power to make orders
(1) Section 38(1)(f)(iii)—delete
subparagraph (iii) and substitute:
(iii) requiring
a parent, guardian or other person who has the care of a child to undertake
specified courses of instruction, or programmed activities, in order to
increase his or her capacity to care for and protect the child; or
(iv) dealing with any other matter.
(2) Section 38(2)—delete subsection (2) and
substitute:
(2) Before the Court makes an order giving
custody or guardianship of a child to a person who is not a parent of the
child, the Court must be satisfied—
(a) that there is no parent able, willing and available to
provide adequate care and protection for the child; and
(b) that the order is the best available solution having regard
to—
(i) the child's need
for care and protection (including emotional security); and
(ii) the child's age, developmental needs and emotional
attachments.
(2a) If
a child is to be placed in guardianship the Court must consider the importance
of settled and stable living arrangements for the child and, as a general rule,
a long term guardianship order (ie an order under
subsection (1)(d)) is to be preferred to a series of temporary arrangements for
the custody or guardianship of the child.
13—Amendment of section 48—Legal representation of child
(1) Section
48(1)—delete the parenthetical passage following paragraph (b)
(2) Section 48—after subsection (2) insert:
(3) A child (whether represented by a legal
practitioner or not) must be given a reasonable opportunity to give the child's
own views personally to the Court about his or her ongoing care and protection
unless the Court is satisfied that—
(a) the child is not capable of doing so; or
(b) to do so would give rise to an unacceptable risk to the
child's wellbeing.
14—Insertion of Parts 7A, 7B and 7C
After Part 7 insert:
Part 7A—The Guardian
52A—The Guardian
(1) There
is to be a Guardian for Children and Young Persons.
(2) The
Guardian is to be appointed by the Governor on terms and conditions determined
by the Governor.
(3) Subject
to subsection (4), the Guardian is to be subject to the Minister's
direction.
(4) The Guardian is not, however, subject to
directions—
(a) preventing or restricting the Guardian from carrying out
inquiries and investigations that the Guardian considers necessary for the
proper performance of statutory functions; or
(b) as to the nature or content of advice, reports or
recommendations given or made in the performance of statutory functions.
(5) Any
direction given to the Guardian by the Minister must be in writing.
52B—Staff
and resources
The Minister must provide the Guardian with the staff and other
resources that the Guardian reasonably needs for carrying out the Guardian's
functions.
52C—The
Guardian's functions and powers
(1) The Guardian's functions are as follows:
(a) to promote the best interests of children under the
guardianship, or in the custody, of the Minister, and in particular those in
alternative care;
(b) to act as an advocate for the interests of children under
the guardianship, or in the custody, of the Minister;
(c) to monitor the circumstances of children under the
guardianship, or in the custody, of the Minister;
(d) to provide advice to the Minister on the quality of the
provision of care for children under the guardianship, or in the custody of,
the Minister and on whether the children's needs are being met;
(e) to inquire into, and provide advice to the Minister in
relation to, systemic reform necessary to improve the quality of care provided
for children in alternative care;
(f) to investigate and report to the Minister on matters
referred to the Guardian by the Minister.
(2) In carrying out functions under this
section, the Guardian must—
(a) encourage children who are affected by issues that the
Guardian has under consideration to express their own views and give proper
weight to those views; and
(b) pay particular attention to the needs of children under the
guardianship, or in the custody, of the Minister who suffer from disabilities;
and
(c) receive and consider information, reports and materials
relevant to carrying out the Guardian's statutory functions.
(3) The
Guardian has the powers necessary or expedient for, or incidental to, the
performance of the Guardian's functions.
(4) A
government or non-government organisation that is involved in the provision of
services to children must, at the Guardian's request, provide the Guardian with
information relevant to the performance of the Guardian's functions.
52D—The
Guardian's reporting obligations
(1) The
Guardian must report periodically to the Minister (as required by the Minister)
on the performance of the Guardian's statutory functions.
(2) The
Guardian must, on or before 31 October in each year, report to the Minister on
the performance of the Guardian's statutory functions during the preceding
financial year.
(3) The
Minister must, within 12 sitting days after receiving a report under
subsection (2), have copies of the report laid before both Houses of
Parliament.
52E—Confidentiality
of information
Information about individual cases disclosed to the Guardian or a
member of the Guardian's staff is to be kept confidential and is not liable to
disclosure under the Freedom of Information Act 1991.
Part 7B—The Council for the Care of Children
52F—Establishment
of the Council
(1) The
Council for the Care of Children is established.
(2) The Council consists of —
(a) up to 10 members appointed by the Governor; and
(b) the chief executives of departments of government designated
by the Minister as departments closely involved in issues related to the care
and protection of children.
(3) The Council's membership must include—
(a) at least 1 Aboriginal member; and
(b) at least 2 young people with experience of alternative care,
and at least one-third of the total number of members of the
Council must be men and at least one-third must be women.
(4) The
Minister may, before an appointment is made to the Council, call for
nominations from a government or non-government organisation that should, in
the Minister's opinion, be represented on the Council.
(5) The
Governor will appoint a member of the Council to chair the Council.
(6) The Council is to be subject to direction
by the Minister but—
(a) the Council cannot be directed to make a particular finding
or recommendation; and
(b) a direction is to be published in the annual report of the
Council relating to the period in which the direction was given.
52G—Terms of
office of members
(1) Subject
to this section, a member of the Council holds office for the term (not
exceeding 2 years) stated in the instrument of appointment and is then eligible
for re-appointment.
(2) The office of a member of the Council
becomes vacant—
(a) if the member—
(i) dies; or
(ii) completes a term of office and is not re-appointed; or
(iii) resigns by notice of resignation given to the Minister; or
(iv) is absent from 3 consecutive meetings of the
Council without the Council's permission (but the member does not vacate his or
her office if the Minister excuses the absence); or
(v) is convicted either within or outside the State of an
indictable offence or an offence carrying a maximum penalty of imprisonment for
12 months or more; or
(vi) is removed from office by the Governor under
subsection (3); or
(b) if the member was appointed as nominee of a particular
organisation and the organisation notifies the Minister, in writing, that the
member no longer represents the organisation.
(3) The Governor may remove a member of the Council
from office for—
(a) breach of, or non-compliance with, a condition of
appointment; or
(b) failure to disclose to the Council a personal or pecuniary
interest of which the member is aware that may conflict with the member's
duties of office; or
(c) neglect of duty; or
(d) mental or physical incapacity to carry out duties of office
satisfactorily; or
(e) dishonourable conduct; or
(f) any other reason considered sufficient by the Minister.
52H—Procedures
of the Council
(1) The
Council will, subject to this section and any directions of the Minister,
determine its own procedures.
(2) The
Council must meet at least 5 times in each year.
(3) The
person appointed to chair the Council will preside at a meeting of the Council
and, in the absence of that person, a member chosen by
the members present at the meeting will preside.
(4) A
question arising for decision at a meeting of the Council will be decided by a
majority of the votes cast by the members present at the meeting.
(5) Each
member present at a meeting of the Council will be entitled to one vote on any
question arising for decision at the meeting and, if the votes are equal, the
person presiding will have a casting vote.
(6) The
Council may delegate to a member, or a sub-committee of its members, any of its
powers or functions under this Act.
52I—Staff
and resources
The Minister must provide the Council with the staff and other
resources that it reasonably needs for carrying out its functions.
52J—Functions
of the Council
The Council's functions are as follows:
(a) to keep under review the operation of this Act and the Family
and Community Services Act 1972 so far as it affects the interests of
children;
(b) to provide advice to the Government on the rights and
interests of children;
(c) to report to the Government on progress achieved towards—
(i) keeping children
safe from harm; and
(ii) ensuring that all children are cared for in a way that
allows them to realise their full potential; and
(iii) improving the physical and mental health, and the emotional
wellbeing, of children; and
(iv) improving access for children to educational and vocational
training; and
(v) improving access for children to sporting and healthy
recreational activities; and
(vi) ensuring that children are properly prepared for taking
their position in society as responsible citizens; and
(vii) maintaining the cultural identity of children;
(d) to promote the safe care of children by their families (or
surrogate families) and communities with particular reference to vulnerable
children including—
(i) children under the
guardianship, or in the custody, of the Minister; and
(ii) Aboriginal
children; and
(iii) children with disabilities;
(e) to provide advice to the Minister on—
(i) creating
environments that are safe for children; and
(ii) raising community awareness of the relationship between the
needs of children for care and protection and their developmental needs; and
(iii) initiatives involving the community as a whole for the
protection or care of children; and
(iv) policy issues that may require government action or
legislative reform; and
(v) priorities for research;
(f) to investigate and report to the Minister on matters
referred to the Council for advice.
52K—Council's
reporting obligations
(1) The
Council must report periodically to the Minister (as required by the Minister)
on the performance of its statutory functions.
(2) The
Council must, on or before 31 October in each year, report to the Minister on
the performance of its statutory functions during the preceding financial year.
(3) The
Minister must, within 12 sitting days after receiving a report under
subsection (2), have copies of the report laid before both Houses of
Parliament.
52L—Confidentiality
of information
(1) Information
about individual cases disclosed to the Council or a person employed (or
formerly employed) to assist the Council is to be kept confidential and is not
liable to disclosure under the Freedom of Information Act 1991.
(2) This
section does not, however, prevent the disclosure of information about
suspected offences or suspected child abuse or neglect to the appropriate
authorities.
52M—Immunity
from civil liability
(1) No
civil liability attaches to the Council, a member of the Council, or a member
of the Council's staff for an act or omission in the exercise or purported
exercise of official powers or functions.
(2) An
action that would, but for subsection (1), lie against the Council, a
member of the Council, or a member of the Council's staff, lies instead against
the Crown.
(3) This
section does not prejudice rights of action of the Crown itself in respect of
an act or omission not in good faith.
Part 7C—The Child Death and Serious Injury Review Committee
Division 1—Constitution
and Procedures of Committee
52N—Establishment
of the Committee
(1) The
Child Death and Serious Injury Review Committee is
established.
(2) The Committee is to be subject to direction
by the Minister but—
(a) the Committee cannot be directed to make a particular
finding or recommendation; and
(b) a direction must be published in the annual report of the
Committee relating to the period in which the direction was given.
(3) The
Committee consists of the members (not more than 20) appointed by the Governor.
(4) At
least one-third of the total number of members of the Committee must be men and
at least one-third must be women.
(5) The
Minister may, before appointments are made to the Committee, call for
nominations from organisations (including departments and agencies of the
government) that should, in the Minister's opinion, be represented on the
Committee.
(6) The
Governor will appoint a member of the Committee to chair the Committee.
52O—Terms of
office of members
(1) Subject
to this section, a member of the Committee holds office for the term (not
exceeding 2 years) stated in the instrument of appointment and is then eligible
for re-appointment.
(2) The office of a member of the Committee
becomes vacant—
(a) if the member—
(i) dies; or
(ii) completes a term of office and is not re-appointed; or
(iii) resigns by notice of resignation given to the Minister; or
(iv) is absent from 3 consecutive meetings of the
Committee without the Committee's permission (but the member does not vacate
his or her office if the Minister excuses the absence); or
(v) is convicted either within or outside the State of an
indictable offence or an offence carrying a maximum penalty of imprisonment for
12 months or more; or
(vi) is removed from office by the Governor under subsection (3);
or
(b) if the member was appointed as nominee of a particular
organisation and the organisation notifies the Minister, in writing, that the
member no longer represents the organisation.
(3) The Governor may remove a member of the
Committee from office for—
(a) breach of, or non-compliance with, a condition of
appointment; or
(b) failure to disclose to the Committee a personal or pecuniary
interest of which the member is aware that may conflict with the member's
duties of office; or
(c) neglect of duty; or
(d) mental or physical incapacity to carry out duties of office
satisfactorily; or
(e) dishonourable conduct; or
(f) any other reason considered sufficient by the Minister.
52P—Procedures
of the Committee
(1) The
Committee will, subject to this section and any directions of the Minister,
determine its own procedures.
(2) The
Committee must meet at least 5 times in each year.
(3) The
person appointed to chair the Committee will preside at a meeting of the
Committee and, in the absence of that person, a member
chosen by the members present at the meeting will preside.
(4) A
question arising for decision at a meeting of the Committee will be decided by
a majority of the votes cast by the members present at the meeting.
(5) Each
member present at a meeting of the Committee will be entitled to one vote on
any question arising for decision at the meeting and, if the votes are equal,
the person presiding will have a casting vote.
(6) The
Committee may delegate to a member, or a sub-committee of its members, any of
its powers or functions under this Act.
52Q—Staff
and resources
(1) The
Minister must provide the Committee with the staff and other resources that it
reasonably needs for carrying out its functions and exercising its powers.
(2) The
Committee may, with the Minister's approval, engage an expert to assist it in
the review of a particular case or in carrying out any other aspect of its
functions.
52R—Immunity
from civil liability
(1) No
civil liability attaches to the Committee, a member of the Committee, or a
member of the Committee's staff for an act or omission in the exercise or
purported exercise of official powers or functions.
(2) An
action that would, but for subsection (1), lie against the Committee, a
member of the Committee, or a member of the Committee's staff, lies instead
against the Crown.
(3) This
section does not prejudice rights of action of the Crown itself in respect of
an act or omission not in good faith.
Division 2—Functions
and powers of the Committee
52S—Functions
of the Committee
(1) The Committee's principal functions are—
(a) to
review cases in which children die or suffer serious injury with a view to
identifying legislative or administrative means of preventing similar cases of
death or serious injury in the future; and
(b) to make, and monitor the implementation of, recommendations
for avoiding preventable child death or serious injury.
(2) A review may be carried out if—
(a) the incident resulting in the child's death or serious
injury occurred in the State; or
(b) the child was, at the time of the death or serious injury,
ordinarily resident in the State.
(3) The Committee should review a case of child
death or serious injury if—
(a) the death or serious injury was due to abuse or neglect or
there are grounds to suspect that the death or serious injury may be due to
abuse or neglect; or
(b) there are grounds to believe that the death or serious
injury might have been prevented by some kind of systemic change; or
(c) there
had been, within 3 years before the incident resulting in the death or serious
injury, a notification to the Department of suspected abuse or neglect of the
child, or a member of the child's family; or
(d) the child was, at the time of death or serious injury, in
custody or detention or in the care of a government agency; or
(e) the case has been referred to the Committee by the State
Coroner.
(4) The Committee is not, however, to review a
case of child death or serious injury unless there is no risk that the review
would compromise an ongoing criminal investigation of the case and—
(a) a coronial inquiry has been completed; or
(b) the State Coroner requests the Committee to carry out a
review; or
(c) the State Coroner indicates that there is no present
intention to carry out a coronial inquiry.
(5) A
review is, as a general rule, carried out by examination of coronial and other
records and reports relevant to the case under review.
(6) The purpose of the Committee's review is—
(a) to identify trends and patterns in cases of child death and
serious injury; and
(b) to review policies, practices and procedures designed to
prevent child death or serious injury (and, in particular, those implemented on
the Committee's recommendation); and
(c) to provide an objective basis for the Committee's
recommendations.
(7) The
Committee is not to make any finding about civil or criminal liability.
52T—Database
(1) The
Committee will maintain a database of child deaths and serious injuries and
their circumstances and causes.
(2) No person is to have access to the database
except the following:
(a) a person authorised by the Commissioner of Police;
(b) a person authorised by the State Coroner;
(c) a member of the Committee;
(d) a person authorised by the Committee or the Minister.
(3) The
Committee will maintain links with interstate, national and international
bodies carrying out similar work.
52U—Reporting
cases to the Committee
(1) The
Committee may enter into arrangements with an agency or instrumentality of the
government under which information about child deaths and serious injuries will
be passed on to the Committee.
(2) An
agency or instrumentality of the government may enter into, and carry out its
obligations under, an arrangement under this section despite any statutory
provision against the disclosure of confidential information or any rule of the
common law or equity.
52V—Powers
of review
(1) The
Committee, or a person authorised by the Committee to conduct a review of a
case of child death or serious injury, may request any person who may be in a
position to do so to produce documents, to allow access to documents or other
information, or to provide information (in writing) that may be relevant to the
review.
(2) A person to whom a request is addressed
under subsection (1) must comply with it.
Maximum penalty: $10 000.
(3) However—
(a) a parent or relative of the child cannot be compelled to
comply with a request under subsection (1) and commits no offence by
refusing to comply with it; and
(b) a
person commits no offence by refusing to comply with a request under
subsection (1) if the information sought would tend to incriminate the
person of an offence and the person refuses to comply with the request on that
ground; and
(c) a
person commits no offence by refusing to comply with a request under
subsection (1) if the document or other information to which the request
relates is protected by legal professional privilege and the person refuses to
comply with the request on that ground; and
(d) a request cannot be validly made of a person who has access
to confidential information by virtue of an authorisation under section 64D of
the South Australian Health Commission Act 1976 to disclose or
allow access to that information.
(4) A person does not, by complying with a
request under subsection (1), contravene—
(a) a statutory prohibition against the disclosure of
confidential information; or
(b) any rule of the common law or equity; or
(c) any principle of professional ethics.
52W—Committee's
reporting obligations
(1) The
Committee must report periodically to the Minister (as required by the
Minister) on the performance of its statutory functions.
(2) The
Committee must, on or before 31 October in each year, report to the Minister on
the performance of its statutory functions during the preceding financial year.
(3) The
Minister must, within 12 sitting days after receiving a report under
subsection (2), have copies of the report laid before both Houses of
Parliament.
Division 3—Confidentiality
52X—Confidentiality
of information
(1) Information
about individual cases disclosed to the Committee or a person employed (or
formerly employed) to assist the Committee is to be kept confidential and is
not liable to disclosure under the Freedom of Information Act 1991.
(2) A member of the Committee, or a person who
has been employed in duties related to the functions of the Committee, must not
disclose confidential information obtained as a result of his or her official
position.
Maximum penalty: $10 000.
(3) However—
(a) information about possible criminal offences must be
reported by the Committee to the Commissioner of Police; and
(b) if
the Committee comes into possession of information suggesting that a child may
be at risk of abuse or neglect, the Committee must pass the information on to
the appropriate authorities; and
(c) information relevant to a coronial inquiry or possible
coronial inquiry is to be passed on to the State Coroner.
Section 55—delete the section
Schedule 1—Related amendment of Family and Community
Services Act 1972
Part 4 Division 1—delete Division 1
Provision amended |
How amended |
Section 5(2)(b) |
Delete "where" and substitute: if |
Section 6(1) definition of authorised police officer |
Delete "member of the police force" wherever occurring
and substitute in each case: police officer |
definition of Chief Executive Officer |
Delete "Officer" Delete "officer" |
definition of dentist |
Delete "dentist under the Dentists Act 1984"
and substitute: dental practitioner under the law of this State |
definition of Department |
Delete "the Department of Family and Community Services"
and substitute: the administrative unit of the Public Service prescribed by
regulation for the purposes of this definition |
definition of medical practitioner |
Delete "on the general register under the Medical Practitioners
Act 1983" and substitute: as a medical practitioner under the law of this State |
definition of pharmacist |
delete "Pharmacists Act 1991" and
substitute: law of this State |
definition of psychologist |
delete "Psychological Practices Act 1973"
and substitute: law of this State |
Section 9(2) |
Delete "Notwithstanding" and substitute: Despite |
Section 11(1) |
Delete "Where" and substitute: If |
Section 11(2)(e) |
Delete "member of the police force" and substitute: police officer |
Section 11(2)(h) |
Delete "any" and substitute: an |
Section 11(3) |
Delete "upon" and substitute: on |
Section 14 |
Delete "Officer" wherever occurring |
Section 15(a) |
Delete "member of the police force" and substitute: police officer |
Section 16(2) |
Delete "member of the police force" wherever occurring
and substitute in each case: police officer |
Section 16(2) |
Delete "upon" and substitute: on |
Section 17(2) |
Delete "Officer" |
Section 18(1) |
Delete "member of the police force" and substitute: police officer |
Section 19 |
Delete "Officer" wherever occurring |
Section 19(4) |
Delete "where" and substitute: if |
Section 19(5) |
Delete "members of the police force" and substitute: police officers |
Section 20 |
Delete "Officer" wherever occurring |
Section 21 |
Delete "Officer" wherever occurring |
Section 22(1) |
Delete "Officer" |
Section 23(3) |
Delete "Officer" wherever occurring |
Section 26 |
Delete "Officer" wherever occurring |
Section 26(3) |
Delete "notwithstanding" and substitute: despite |
Section 26B(2) |
Delete "member of the police force" and substitute: police officer Delete "Officer" |
Section 31(c) |
Delete "Officer" |
Section 31(d)(i) |
Delete "an Education Department employee" and
substitute: an employee of the administrative unit of the Public Service
charged with the administration of the Education Act 1972 |
Section 33(2)(b) |
Delete "any two" and substitute: 2 |
Section 38(1) |
Delete "any one" and substitute: 1 |
Section 38(1)(a) |
Delete "Officer" |
Section 38(1)(b)(iii) |
Delete "officer" |
Section 38(4) |
Delete "Where the Chief Executive Officer" and
substitute: If the Chief Executive |
Section 46(1) |
Delete "Officer" |
Section 46(2)(c) |
Delete "where" and substitute: if |
Section 47 |
Delete "upon" and substitute: on |
Section 50 |
Delete "Officer" |
Section 51(2) |
Delete "where" and substitute: if |
Section 52(1) |
Delete "Where" and substitute: If |
Section 54(1) definition of child protection order |
Delete "officer" wherever occurring |
Section 54A |
Delete "Officer" wherever occurring |
Section 54B(1)(b) |
Delete "officer" wherever occurring |
Section 54B(1)(c) |
Delete "Officer" wherever occurring |
Section 54C |
Delete "Officer" wherever occurring |
Section 54D(1) |
Delete "Officer" wherever occurring |
Section 54E |
Delete "Officer" wherever occurring |
Section 54F(a) |
Delete "Officer" |
Section 54H |
Delete "Officer" wherever occurring |
Section 54I |
Delete "Officer" wherever occurring |
Section 54J(a) |
Delete "Officer" |
Section 54K |
Delete "Officer" wherever occurring |
Section 54M |
Delete "Officer" wherever occurring |
Section 54P(1)(a) |
Delete "Officer" |
Section 54U |
Delete "Officer" wherever occurring |
Section 54V |
Delete "Where" wherever occurring and substitute in
each case: If Delete "Officer" wherever occurring |
Section 56 |
Delete "member of the police force" and substitute: police officer Delete "Officer" |
Section 57(1) |
Delete "Officer" |
Section 58(2) |
Delete "any personal" and substitute: personal |
Section 61 |
Delete "Officer" |