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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-08-01 Daily Xml
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Children and Young People (Safety) (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. R. SANDERSON (Adelaide—Minister for Child Protection) (15:50): Obtained leave and introduced a bill for an act to amend the Children and Young People (Safety) Act 2017 and to make related amendments to the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017. Read a first time.

Second Reading

The Hon. R. SANDERSON (Adelaide—Minister for Child Protection) (15:51): I move:

That this bill be now read a second time.

I am pleased to introduce this bill, which amends the Children and Young People (Safety) Act 2017. The bill makes minor consequential, corrective and transitional amendments to the Children and Young People (Safety) Act 2017 and Children's Protection Law Reform (Transitional Amendments and Related Amendments) Act 2017. These include:

correcting a reference to the Marriage Act 1961 at section 18 of the Children and Young People (Safety) Act 2017;

providing for a regulation-making power to describe the circumstances in which a reunification assessment is not required under section 50(4) of the Children and Young People (Safety) Act 2017;

clarifying that the information disclosure provisions at section 142 of the Children and Young People (Safety) Act 2017 also apply to information gathered under the Children's Protection Act 1993;

clarifying that where a child is removed pursuant to section 41 of the Children and Young People (Safety) Act 2017 and cannot be returned home or into the care of another person, the child will remain in the chief executive's custody until the end of the fifth business day following the day on which the child was removed;

amending section 92 to enable the status quo to be maintained for long-term guardians who are currently responsible for determining contact arrangements for children in their care;

amending section 95 to broaden the scope of people who may apply to the contact arrangements review panel;

amending section 161 to allow the chief executive to refer money received on behalf of children and young people to the Public Trustee to administer until the child or young person attains 18 years of age;

amending schedule 1 of the Children and Young People (Safety) Act 2017 to allow for the staged repeal of the Children's Protection Act 1993. This is necessary to ensure that the current regime for screening people who work with children in South Australia as set out in the Children's Protection Act 1993 can continue until the commencement of the Child Safety (Prohibited Persons) Act 2016;

providing transitional arrangements for custody and guardianship orders made pursuant to section 38 of the Children's Protection Act 1993; and

providing transitional arrangements concerning the management of children's money.

These additional minor amendments will ensure a smooth transition from the Children's Protection Act 1993 to the Children and Young People (Safety) Act 2017 from 22 October 2018. I commend this bill to the house and seek leave to insert the explanation of clauses into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Children and Young People (Safety) Act 2017

4—Amendment of section 18—Meaning of at risk

This clause corrects a typographical error in the reference to the Marriage Act 1961 of the Commonwealth.

5—Amendment of section 43—Custody of removed child or young person

This clause inserts a new subsection (2) into section 43 of the principal Act. That new subsection clarifies that the Chief Executive (CE) may exercise powers under the Act in respect of children and young people delivered into the care of another person as if the CE had custody of them.

6—Amendment of section 50—When application can be made for Court orders

This clause amends section 50 of the principal Act to enable the regulations to exclude the need for the CE to assess whether a reunification is likely in specified circumstances when applying for prescribed Court orders.

7—Amendment of section 59—Onus on objector to prove order should not be made

This clause amends section 59 of the principal Act to allow the regulations to exclude certain kinds of application from the circumstances in which the onus of proving a matter is reversed.

8—Amendment of section 90—Long-term care plan to be prepared

This clause repeals section 90(3) of the principal Act, which is to be relocated as section 91(2a).

9—Amendment of section 91—Chief Executive to apply to Court for order to place child or young person under long-term guardianship

This clause inserts new section 91(2a) into the principal Act, and is simply a relocation of what was previously section 90(3).

10—Amendment of section 92—Application of Part

This clause inserts new section 92(2) into the principal Act. The proposed subsection excludes the specified children and young people from being the subject of contact arrangements determined by the CE.

11—Amendment of section 95—Review by Contact Arrangements Review Panel

This clause replaces section 91(1) of the principal Act to extend the persons who may seek review of a determination of the Chief Executive in respect of contact arrangements.

12—Amendment of section 121—Interpretation

This clause makes a consequential amendment of section 121 of the principal Act to reflect the replacement of the Children's Protection Act 1993 by Children and Young People (Safety) Act 2017.

13—Amendment of section 142—Disclosure of information

This clause makes consequential amendments to section 142 of the principal Act to reflect the replacement of the Children's Protection Act 1993 by Children and Young People (Safety) Act 2017.

14—Amendment of section 161—Payment of money to Chief Executive on behalf of child or young person

This clause substitutes subsections (2), (3) and (4) of section 161 of the principal Act to reflect a shift in who holds money on behalf of children and young people in care to the Public Trustee.

15—Amendment of Schedule 1—Repeal and related amendment

This clause amends clause 2 of Schedule 1 of the principal Act to enable the specified provisions to be repealed before the complete repeal of the Children's Protection Act 1993.

Schedule 1—Related amendments and transitional provisions etc

Part 1—Amendment of Children's Protections Law Reform (Transitional Arrangements and Related Amendments) Act 2017

1—Amendment of section 12—Transitional provisions—foster parents

This clause amends section 12 of the principal Act to make clear that approved carers under the Children and Young People (Safety) Act 2017 are exempt from the specified provisions of the Child Safety (Prohibited Persons) Act 2016. This reflects the earlier commencement of the Children and Young People (Safety) Act 2017.

2—Amendment of section 13—Transitional provisions—licensed foster care agencies

This clause amends section 13 of the principal Act to make clear that licensed foster care agencies under the Children and Young People (Safety) Act 2017 are exempt from the specified provisions of the Child Safety (Prohibited Persons) Act 2016. This reflects the earlier commencement of the Children and Young People (Safety) Act 2017.

3—Amendment of section 14—Transitional provisions—licensed children's residential facilities

This clause amends section 13 of the principal Act to make clear that the holder of a license to maintain children's residential facilities under the Children and Young People (Safety) Act 2017 is exempt from the specified provisions of the Child Safety (Prohibited Persons) Act 2016. This reflects the earlier commencement of the Children and Young People (Safety) Act 2017.

4—Insertion of section 23A

This clause inserts a new section 23A into the principal Act, continuing the placement of a child or young person by the Minister under the Children's Protection Act 1993 as a placement of the child or young person under section 77 or 84 of the Children and Young People (Safety) Act 2017 (as the case requires).

5—Insertion of section 26A

This clause provides that proceedings commenced under the Children's Protection Act 1993 but not determined before the specified date will continue as proceedings commenced under Chapter 6 of the Children and Young People (Safety) Act 2017.

6—Insertion of sections 31A and 31B

This clause inserts new sections 31A and 31B into the principal Act as follows:

31A—Certain orders under section 38 of repealed Act to continue as orders under Children and Young People (Safety) Act 2017

This section continues the specified orders of the Court under the Children's Protection Act 1993 as orders made by the Court under section 53 of the Children and Young People (Safety) Act 2017.

31B—Certain orders under repealed Act to continue as interim orders under Children and Young People (Safety) Act 2017

This section continues the specified orders of the Court under the Children's Protection Act 1993 as interim orders made by the Court under section 53 of the Children and Young People (Safety) Act 2017.

Part 2—Transitional provisions etc

7—Moneys held on behalf of child or young person

This clause provides that certain money received by the CE prior to the commencement of this measure and held on behalf of a child or young person will be taken to have been received, and must be dealt with, under section 161 of the Children and Young People (Safety) Act 2017, as amended by this measure.

Debate adjourned on motion of Mr Brown.

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