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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Prevention and Early Intervention for the Development and
Wellbeing of Children and Young People Bill 2017
A BILL FOR
An Act to provide a framework for improving the wellbeing and development
of children and young people; to recognise the primacy of prevention and early
intervention in improving outcomes for children and young people; to provide for
a whole of State strategy for furthering the purposes of this Act; to recognise
the importance of strengthening families and communities in improving outcomes
for children and young people; to ensure that, where intervention in the lives
of children and young people is necessary, that intervention occurs at the
earliest opportunity; and for other purposes.
Contents
4Meaning of rights, wellbeing and
development
5Meaning of prevention and early
intervention
8Commitment to the United Nations Convention on
the Rights of the Child
12Administration of Act to further purposes of
Act
13Prescribed service providers to further
purposes of Act
14Functions and powers of Minister
17Preparation of State
Strategy
18Periodic review of State
Strategy
19Publication of State Strategy
etc
Division 2—Consultation and public
engagement
20Consultation and engagement
with peak bodies
21Community consultation and
engagement
22Minister to report annually to Parliament on
operation of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Prevention and Early Intervention for the
Development and Wellbeing of Children and Young People
Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
Aboriginal or Torres Strait Islander child or young person
means a child or young person who—
(a) is of Aboriginal or Torres Strait Islander descent; and
(b) regards themself as Aboriginal or Torres Strait Islander or, if they
are a young child, is regarded as Aboriginal or Torres Strait Islander by at
least 1 of their parents; and
(c) is accepted as such by the community with which the child or young
person associates;
Chief Executive means the Chief Executive of the
Department;
Child Development Council or Council means the
Child Development Council under the
Children
and Young People (Oversight and Advocacy Bodies) Act 2016
;
child or young person means a person who is under 18 years of
age;
Commissioner for Children and Young People means the
Commissioner for Children and Young People under the
Children
and Young People (Oversight and Advocacy Bodies) Act 2016
;
Department means the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
this Act;
early years, in relation to a child, means the first 1 000
days in the life of the child;
peak bodies means the persons or bodies from time to time
declared by the regulations to be peak bodies for the purposes of this
Act;
prescribed service provider means—
(a) the Department; or
(b) the Department for Education and Child Development; or
(c) the Department for Health and Ageing; or
(d) the Department for Communities and Social Inclusion; or
(e) a local council constituted under the
Local
Government Act 1999
; or
(f) any other person or body, or person or body of a class, prescribed by
the regulations,
but does not include a person or body declared by the regulations to be
excluded from the ambit of this definition;
purposes of this Act—see
section 7
;
statutory instrument means—
(a) a plan, program or policy prepared under an Act; or
(b) any other instrument, or instrument of a kind, prescribed by the
regulations for the purposes of this definition;
Whole of State Strategy for Prevention and Early Intervention for
Children and Young People and Families or State Strategy
means the Whole of State Strategy for Prevention and Early Intervention for
Children and Young People and Families prepared under
Part 4
Division 1
, as in force from time to time.
(2) For the purposes of this Act, a reference to the parents
of children and young people will be taken to include a reference
to—
(a) a step-parent of the child or young person; and
(b) a person who stands in loco parentis to the child or young
person.
(3) For the purposes of this Act, a reference to the family
of a child or young person will be taken to be a reference to—
(a) the biological family of the child or young person; and
(b) the extended family of the child or young person; and
(c) a person who, in accordance with the cultural background of the child
or young person, has a relationship of responsibility for the child or young
person.
4—Meaning
of rights, wellbeing and
development
(1) For the purposes of this Act, a reference to the rights
of children and young people will be taken to include a reference to rights
recognised in accordance with statutory and common law, rights set out from time
to time in the United Nations Convention on the Rights of the Child and
rights set out in any other relevant international human rights
instruments.
(2) For the purposes of this Act, a reference to the
wellbeing of children and young people will be taken to include a
reference to a state of being—
(a) characterised by satisfactory conditions of health, safety, happiness
and connection; and
(b) enhanced by building protective factors and resilience to be better
equipped to respond to adversity and enjoy fulfilling life
experiences.
(3) For the purposes of this Act, a reference to the
development of children and young people will be taken to include
a reference to the physical, social, emotional, cognitive and health growth of
each individual from birth through to adulthood.
5—Meaning
of prevention and early
intervention
(1) For the purposes of this Act, a reference to prevention
in relation to children and young people will be taken to include a reference to
measures (including measures directed towards families and communities) aimed at
reducing risks and harm to health, wellbeing and development that are
implemented before a particular social issue arises, taking into consideration
the complex ecology of social and economic factors that contribute to a
predicted population level issue.
(2) For the purposes of this Act, a reference to early
intervention in relation to children and young people will be taken to
include a reference to the provision of services and supports, and taking of
preventative measures, soon after a particular problem is identified to address
vulnerability and build resilience (including services, supports and
preventative measures directed towards families and communities).
(1) Nothing in this Act limits the operation of the
Children
and Young People (Safety) Act 2017
, the
Child
Safety (Prohibited Persons) Act 2016
or the
Children
and Young People (Oversight and Advocacy Bodies) Act 2016
.
(2) In the event of an inconsistency with the
Children
and Young People (Safety) Act 2017
, that Act will prevail to the extent of the inconsistency.
(3) This Act is in addition to, and does not derogate from, any other Act
or law.
This Part sets out—
(a) the Parliament of South Australia's commitment to the United
Nations Convention on the Rights of the Child; and
(b) the objects of this Act; and
(c) principles to be taken into account in the administration and
operation of this Act; and
(d) the Parliament of South Australia's recognition of certain matters
relevant to the wellbeing and development of children and young people, and its
expectation that those matters be addressed,
collectively to be referred to in this Act as the purposes of this
Act.
8—Commitment
to the United Nations Convention on the Rights
of the Child
The Parliament of South Australia recognises the United Nations
Convention on the Rights of the Child and prescribed service providers will
seek to give effect to the rights set out from time to time in the
convention.
The object of this Act is to improve outcomes for all children and young
people in this State by—
(a) establishing a legislative framework to ensure that—
(i) reasonable, practicable and evidence based measures are taken to
develop and implement policies and services that build capacity and strengthen
families and communities, as well as facilitate improvements in the wellbeing
and development of children and young people; and
(ii) targeted assistance is made available to vulnerable children and
young people and their families; and
(b) working with families and communities so that services are timely and
referral pathways are needs based, local and integrated; and
(c) establishing collaborative partnerships between government and
non-government organisations and communities in the planning and delivery of
services for families; and
(d) recognising the interests and aspirations of Aboriginal and Torres
Strait Islander families and communities, and giving due recognition to the
ability of families and communities to make a significant contribution to
furthering the purposes of this Act by working in partnership with Aboriginal
and Torres Strait Islander children and young people.
The following principles must be taken into account in the administration
and operation of this Act:
(a) parents, guardians and carers have the primary role in the wellbeing
and development of children and young people in their care;
(b) the community is an important factor in supporting children and young
people and strengthening families;
(c) recognising the importance of a child's early years and investing
across the life of children and young people is important in supporting families
to help children and young people reach their developmental milestones and full
potential;
(d) prevention and early intervention policies and services are of
fundamental importance in optimising outcomes for children and young people,
their families and communities;
(e) individuals, families, community groups and government have a shared
responsibility to ensure every child and young person is supported to grow up
happy and cared for, to be kept safe from harm, and to be supported to
participate in society and fulfil their potential;
(f) children and young people and their families should have access to
services that are culturally and developmentally appropriate, relevant to their
needs, and delivered in the most culturally appropriate way to maximise their
engagement and participation;
(g) accountability is achieved through measuring and reporting on programs
and services and their impact on improving wellbeing for children and young
people.
11—Recognition
of the importance of involving children and young people and families in
decisions and inclusion
(1) The Parliament of South Australia recognises the importance of
involving children and young people and families in decisions that affect their
lives.
(2) The Parliament of
South Australia recognises that the participation of Aboriginal and Torres
Strait Islander people in nurturing identity, and in the wellbeing and
development of their children and young people, is essential to ensuring the
best outcomes for Aboriginal and Torres Strait Islander children and young
people, as well as the community generally.
(3) The Parliament of South Australia recognises that the outcomes
referred to in
subsection (2)
are best achieved by Aboriginal and Torres Strait Islander families and
communities and prescribed service providers working in partnership when making
decisions about Aboriginal and Torres Strait Islander children and young
people.
(4) It is the intention of the Parliament of South Australia that all
prescribed service providers will develop culturally appropriate practices and
procedures to encourage and facilitate the participation of children and young
people and families in the making of decisions relating to the development and
review of policies, programs and services that may affect them.
(5) It is the intention of the Parliament of South Australia that all
prescribed service providers will commit to engagement with communities in
supporting the needs of all children and young people and families, and, where
necessary to achieve that engagement, will give special attention to those
children and young people and families for whom it has, by reason of culture,
disability, gender, language, religion or any other factor, traditionally been
more difficult to access services that may improve their wellbeing and
development.
12—Administration
of Act to further purposes of Act
The Minister, the Chief Executive and any other person or body involved in
the administration of this Act, and any person or body required to consider the
operation or application of this Act (whether acting under this Act or another
Act), must act consistently with, and seek to further, the purposes of this
Act.
13—Prescribed
service providers to further purposes of Act
(1) Each prescribed
service provider must, insofar as may be relevant to the functions of the
prescribed service provider and to the extent that it is reasonably practicable
to do so—
(a) have regard to; and
(b) act consistently with; and
(c) seek to further,
the purposes of this Act.
(2) Each prescribed
service provider must, insofar as may be relevant to the functions of the
prescribed service provider and to the extent that it is reasonably practicable
to do so, have regard to, and implement, the State Strategy.
(3) However,
subsections (1)
and
(2)
do not apply to a prescribed service provider acting in accordance with a
requirement of an Act, or in any other circumstances prescribed by the
regulations.
(4) A failure by a
prescribed service provider to comply with this section does not, of itself,
give rise to any civil liability against the Crown, the prescribed service
provider or any other person.
14—Functions
and powers of Minister
(1) The functions
of the Minister under this Act include the following:
(a) to prepare and maintain the State Strategy, with a specific focus on
prevention and early intervention;
(b) to monitor compliance with the State Strategy (and, in particular, the
provision of preventative and early intervention services as contemplated by the
State Strategy);
(c) to work with the Commissioner for Children and Young People, the Child
Development Council and other relevant persons and bodies to foster and support
the wellbeing and development of children and young people;
(d) to promote a partnership approach between the State, local government
and non-government agencies, families and communities to improving wellbeing and
development of children and young people;
(e) to ensure that evidence based measures are taken in regard to the
design and delivery of services to build capacity and strengthen families and
communities;
(f) to ensure collaboration with Aboriginal and Torres Strait Islander
communities and service providers in the design of prevention and early
intervention activities for children and young people in those
communities;
(g) to provide, or assist in the provision of, information and education
services for parents, prospective parents and other members of the community
relating to the wellbeing and developmental needs of children and young
people;
(h) to provide advice with respect to proposed statutory instruments,
policies, activities or other matters that may affect children and young
people;
(i) to consult with
peak bodies, other relevant persons and bodies, and the wider community, about
ways in which the purposes of this Act can be furthered;
(j) as far as may be reasonably practicable and
appropriate—
(i) to act to integrate the administration of this Act with the
administration of other legislation that may affect children and young people;
and
(ii) to promote the integration or coordination of policies, programs,
plans and projects developed, administered or undertaken by other persons,
bodies or authorities insofar as they may affect children and young people;
and
(iii) to advocate for the adequate resourcing of programs, plans or
projects designed to further the purposes of this Act;
(k) to monitor issues affecting children and young people;
(l) to conduct or promote research and public education in relation to
matters affecting children and young people generally;
(m) to keep—
(i) the operation of this Act under review; and
(ii) the operation of other Acts under review, insofar as they are
relevant to the purposes of this Act;
(n) to assess the extent to which the purposes of this Act are being
considered in the administration of other relevant Acts;
(o) such other functions assigned to the Minister by or under this or any
other Act.
(2) Without limiting any other Act or law, the Minister should adopt a
leadership role in relation to matters affecting children and young
people.
(3) The Minister
has the power to do anything necessary, expedient or incidental
to—
(a) performing the functions of the Minister under this Act; or
(b) furthering the purposes of this Act.
(1) The Minister
may delegate a function or power under this Act (other than a prescribed
function or power) to a specified body or person (including a person for the
time being holding or acting in a specified office or position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the Minister to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
Part 4—Whole
of State Strategy for Prevention and Early Intervention for Children and Young
People and their Families
Division 1—Whole
of State Strategy for Prevention and Early Intervention for Children and Young
People and their Families
16—Whole
of State Strategy for Prevention and Early Intervention for Children and Young
People and their Families
(1) There is to be an instrument (the Whole of State Strategy for
Prevention and Early Intervention for Children and Young People and their
Families) setting out strategies intended to further the purposes of this
Act.
(2) The State Strategy
must also provide for the implementation of the State Strategy, setting
out—
(a) the priorities that the Minister will pursue in order to further the
purposes of this Act; and
(b) the strategies that the Minister intends to adopt to meet those
priorities; and
(c) intended outcomes
in relation to the State Strategy (and the measures to be used in relation to
those outcomes); and
(d) any other matters required by the regulations.
(3) The State Strategy may incorporate or refer to such codes or
standards, documents, policy statements, proposals and other matters as the
Minister thinks fit.
17—Preparation
of State Strategy
(1) The State Strategy is to be prepared by the Minister in accordance
with this section.
(2) The Minister must, in preparing the State Strategy, take into
account—
(a) the State Strategic Plan; and
(b) the Charter of Rights for Children and Young People in Care under the
Children
and Young People (Safety) Act 2017
; and
(c) the Outcomes Framework for Children and Young People under the
Children
and Young People (Oversight and Advocacy Bodies) Act 2016
; and
(d) any other instrument or matter prescribed by the
regulations.
(3) The State
Strategy is to be prepared in accordance with the following
provisions:
(a) the Minister must prepare a draft of the State Strategy; and
(b) the Minister must consult with the Commissioner for Children and Young
People in respect of the draft strategy; and
(c) the Minister must
consult with the peak bodies in respect of the draft strategy in accordance with
section 20
; and
(d) the Minister must
undertake community consultation in respect of the draft strategy in accordance
with
section 21
; and
(e) the Minister may then adopt the draft strategy, as varied during the
consultation process, as the State Strategy.
(4) In preparing the
draft State Strategy, the Minister must seek submissions from the Child
Development Council in respect of the State Strategy, and must have regard to
any submissions or recommendations made by the Child Development Council within
the period specified by the Minister.
(5) The Minister may from time to time vary or substitute the State
Strategy.
(6) A variation or
substitution of the State Strategy is to comply with
subsections (3)
and
(4)
as if it were a draft State Strategy.
(7) However,
subsection (6)
does not apply to a particular variation determined by the Minister to be
a minor variation that does not substantially alter the effect of the State
Strategy (and, in such a case, the Minister may instead adopt the variation
without further action).
(8) The State Strategy, and any variation or substitution of the State
Strategy, comes into operation on being adopted by the Minister.
(9) The Minister must, within 6 sitting days after adopting the State
Strategy, or a variation or substitution of the State Strategy, cause a copy of
the State Strategy, or the State Strategy as varied or substituted, (as the case
requires) to be laid before both Houses of Parliament.
(10) A failure of the Minister to comply with a requirement of this
section does not affect the validity of the State Strategy.
18—Periodic
review of State Strategy
(1) The Minister must, at least once in each 5 year period, cause the
State Strategy to be reviewed in accordance with this section.
(2) A review under this
section—
(a) must include consultation with the Commissioner for Children and Young
People; and
(b) must include
consultation with the peak bodies in accordance with
section 20
; and
(c) must include
community consultation in accordance with
section 21
; and
(d) must comply with any requirements set out in the
regulations.
(3) The Minister
must, in relation to each review under this section, seek submissions from the
Child Development Council in respect of the State Strategy, and must have regard
to any submissions or recommendations made by the Child Development Council
within the period for making such submissions and recommendations specified by
the Minister.
(4) On completion of a
review, the Minister must cause a report of the review to be prepared and
submitted to the Minister.
(5) The Minister must, within 6 sitting days after receiving a report
under
subsection (4)
, cause a copy of the report to be laid before both Houses of
Parliament.
19—Publication
of State Strategy etc
(1) The Minister must cause a copy of the State Strategy, as in force from
time to time—
(a) to be published on a website determined by the Minister; and
(b) to be available for inspection (without charge) at a place or places
determined by the Minister.
(2) The Minister must cause a copy of each report prepared in relation to
a review under
section 18
to be published on a website determined by the Minister.
Division 2—Consultation
and public engagement
20—Consultation
and engagement with peak bodies
(1) For the purposes of this Act, the Minister undertakes consultation
with the peak bodies by—
(a) in the case of consultation required under
section 17(3)(c)
—
(i) providing a copy of the draft State Strategy to each peak body in a
manner and form determined by the Minister; and
(ii) specifying a period (being not less than 4 weeks) in which the peak
body may make submissions to the Minister in respect of the draft strategy;
or
(b) in the case of consultation required under
section 18(2)(b)
—
(i) providing each peak body with written notice of the review;
and
(ii) specifying a period (being not less than 4 weeks) in which the peak
body may make submissions to the Minister in respect of the review.
(2) To avoid doubt, nothing in this section prevents the Minister from
undertaking additional consultation in any other manner, or for any reason, the
Minister thinks fit.
(3) The regulations may make further provision in relation to consultation
under this section.
21—Community
consultation and engagement
(1) For the purposes of
this Act, the Minister undertakes community consultation by—
(a) in the case of consultation required under
section 17(3)(d)
—
(i) publishing a copy of the draft State Strategy on a website determined
by the Minister; and
(ii) specifying a period (being not less than 4 weeks) in which members of
the public may make submissions to the Minister in respect of the draft
strategy; or
(b) in the case of consultation required under
section 18(2)(c)
—
(i) publishing notice of the review on a website determined by the
Minister; and
(ii) specifying a period (being not less than 4 weeks) in which the
members of the public may make submissions to the Minister in respect of the
review.
(2) Without limiting
subsection (1)
, the Minister should, if it is reasonably practicable to do so, utilise
community based bodies to encourage engagement of the community in the
preparation and review of the State Strategy.
(3) To avoid doubt, nothing in this section prevents the Minister from
undertaking additional consultation in any other manner, or for any reason, the
Minister thinks fit.
(4) The regulations may make further provision in relation to consultation
under this section.
22—Minister
to report annually to Parliament on operation of Act
(1) The Minister
must, on or before 30 September in each year, cause a report to be prepared
on the operation of this Act during the previous financial year.
(2) A report under
subsection (1)
must include—
(a) information relating to submissions received by the Minister in
relation to the preparation or variation, or any review, of the State Strategy
during the relevant financial year; and
(b) information relating to the operation of the State Strategy during the
relevant financial year (and, in particular, information setting out the extent
to which the intended outcomes referred to in
section 16(2)(c)
were achieved during that year,
and may include any other information the Minister thinks
appropriate.
(3) The Minister must cause a copy of the report prepared under
subsection (1)
to be laid before both Houses of Parliament within 12 sitting days
after receiving the report.
(1) The Minister
must cause a review of the operation of this Act to be conducted, and a report
on the results of the review submitted to the Minister, before the fifth
anniversary of the commencement of this Act.
(2) The Minister must cause a copy of the report submitted under
subsection (1)
to be laid before both Houses of Parliament within 12 sitting days
after receiving the report.
(1) No liability attaches to a member of the Child Development Council or
any other person for any act or omission in good faith in the exercise or
purported exercise of powers or functions under this or any other Act.
(2) A person who does anything in accordance with this Act, or as required
or authorised by or under this Act, cannot by so doing be held to have breached
any code of professional etiquette or ethics, or to have departed from any
acceptable form of professional conduct.
(3) Except where the contrary intention is expressly indicated, this Act
(including the State Strategy) is an expression of policy and does not affect
rights or liabilities (whether of a substantive, procedural or other
nature).
(1) A person
engaged or formerly engaged in the administration of this Act must not divulge
or communicate personal information obtained (whether by that person or
otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration or enforcement of this or any
other Act; or
(d) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1)
for a particular purpose must not be used for any other purpose
by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(4) The regulations may make further provision in respect of the
disclosure of information obtained in the course of the administration of this
Act.
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or other
specified person or body;
(c) exempt a specified person or body, or persons or bodies of a specified
class, from the operation of a provision of this Act;
(d) make provisions of a saving or transitional nature.
(3) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a specified person or body, either as in force at the time the
regulations are made or as in force from time to time.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.