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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-10-30 Daily Xml
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CHILD HARBOURING

In reply to the Hon. A. BRESSINGTON (19 July 2012).

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers): The Minister for Education and Child Development has been advised:

Section 52AAC of the Children's Protection Act 1993 makes it an offence for a person to harbour or conceal, or assist another person to harbour or conceal, a child; and to prevent, or assist another person to prevent, the return of a child to a State care placement, if it is known that the child is absent from a State care placement without lawful authority.

Families SA utilises the power of a Written Directive in a manner which is in keeping with the intent of the Written Directive which is to prevent the exploitation and harm caused by adults to children and young people in care.

The legal authority to charge a person with harbouring or concealing a child rests with the Police, and matters are heard in the Magistrates Court. Should a person be convicted of such an offence, the judicial officer may impose a $12,000 fine or imprison the defendant for one year.

It is appropriate for Families SA to issue a Written Directive relating to a child or young person who is under Custody or Guardianship of the Minister as they are best placed to be informed when a child or young person is being targeted and encouraged by an adult to abscond from their placement or to engage in behaviours that are harmful to their wellbeing.

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