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The Children and Young People (Safety) Act 2017

The Children and Young People (Safety) Act 2017 replaces the Children's Protection Act 1993 and ensures that keeping children and young people safe from harm is paramount.

It also gives a voice and better representation to children and young people under custody and guardianship orders in decisions that will affect their lives.  

The new Act will be implemented in two phases, with the first phase to commence on 26 February 2018 and the remaining sections of the Act to commence in October 2018.

See which sections are commencing in February (PDF 198KB).  

What will the Act do? 

The Children and Young People (Safety) Act 2017 promotes permanence and stability for children and young people who have been removed from their parents or guardians. It encourages decisions and actions to be made in a timely manner and, in the case of young children, as early as possible. 

The Act also contains a number of provisions designed to ensure that the child's voice is heard. Children and young people must participate in decision-making where appropriate and must have a reasonable opportunity to put their views to the court.  

A major change is that the guardianship function, currently undertaken by the Minister for Education and Child Development under the Children's Protection Act 1993, will instead be undertaken by the Chief Executive of the Department for Child Protection. This is in line with a recommendation of the Child Protection Systems Royal Commission to ensure decision making occurs as close as possible to the child. 

It will also better align South Australia with other jurisdictions with respect to the guardianship of children and young people in care. 

Key changes

Some of the key changes include: 

  • the inclusion of a parliamentary declaration recognising the importance of children and young people in our State
  • principles which require early decision making to promote permanence and stability for children and young people
  • the guardianship function currently held by the Minister is vested in the chief executive of the Department for Child Protection
  • increased voice and involvement for children and young people
  • increased rights for carers, including the ability to apply to the South Australian Civil and Administrative Tribunal (SACAT) for review of certain decisions of the chief executive
  • the establishment of Child and Family Assessment and Referral Networks, and a Child and Young Person's Visitor scheme
  • the ability of the chief executive to cause a family group conference
  • powers for the chief executive to direct parents to undergo drug and alcohol assessments and parenting capacity assessments
  • a requirement for the Minister to arrange assistance for eligible care leavers, including:
    • the provision of education and training services
    • assistance finding accommodation, employment and accessing legal and support services
  • a requirement for those employed in licensed residential facilities, both government and non-government, to undergo psychological assessment of a kind determined by the chief executive. 

Legislation and Regulations

You can see the new legislation and regulations, alongside the existing laws here.

A transitional Act and Regulations will also come into place. 

Video resources

These training videos are provided for educational and information purposes only. They provide an overview of key changes in the new legislation and are not intended to comprehensively cover the subject nor do they constitute legal advice.

You should seek legal or professional advice before acting or relying on any matter particular to you or your organisation.

An overview of the Act

More video resources

 

Child focus and engagement

Proactive intervention attachment and timely decision making

Departmental functions and court processes

Out of Home Care

Review (internal and external review)

Additional resources

Advice for carers

Also see Legislative changes - information for carers for more guidance. 

Advice for children and young people

Contact

Legislation Implementation Team

Email: DCP.Legislation [at] sa.gov.au