The current legislation commenced in 2018 and was phased in across two stages. It also required a review after five years. The review concluded in 2023, with more than 900 people providing feedback including children, young people, families, foster and kinship carers, government and non-government partners, advocates, the legal profession, peak organisations and oversight bodies.

These contributions were consolidated into a report which  outlined options and proposals for consideration to improve South Australia’s child protection legislation, which ultimately supported the development of The Children and Young People (Safety and Support) Bill 2024.

The new legislation applies to people and entities including:

• Children and young people, including those identified as being at risk of harm, in care, and leaving care parents, carers (including foster and kinship carers), and guardians of children and young people identified as being at risk of harm, in care, and leaving care
• approved carers, licenced foster care agencies, licensed children’s residential facilities, state residential care facilities, and recognised Aboriginal or Torres Strait Islander entities
• organisations that deliver programs, services, and activities to children and young people, including other government entities, corporate businesses, and non-profit organisations
• employees and volunteers of organisations involved in the delivery of programs, services, and activities to children and young people
• independent persons / entities specified in the legislation

Whilst the new Act received Royal Assent on 12 June 2025, it will not come into effect until a date for commencement is proclaimed. At that point the current Children and Young People (Safety) Act 2017 will be repealed.

The new Act introduces a number of key changes to help transform the child protection and family support system. Including:

• Privileging the voice of children and young people in decision making
• A focus on whole of government and community responses to children and families with a public health approach enshrined.
• Introducing a principle of best interests for children, to be upheld in all decisions, to include keeping them safe from harm, protecting their rights and promoting their development.
• Prioritising a safety-first approach for key workers making decisions around whether or not to remove a child.
• Enshrining the full Aboriginal and Torres Strait Islander Child Placement Principle and embedding the commitment that it be implemented to the standard of active efforts.
• Privileging Aboriginal and Torres Strait Islander led decision making and self-determination.
• An expansion of family group conferences for Aboriginal and Torres Strait Islander families.
• Increasing the threshold for mandatory notifications to ‘significant harm’.

Representatives from relevant government agencies, as well as non-government organisations, will be directly involved in the development of some procedural and policy changes. They will be invited to participate in working groups that will be established in preparing and planning for the changes.

We will use various methods to communicate updates and milestones through media, newsletters, targeted engagement opportunities, forums and meetings throughout the implementation phase. Information sessions will be held as the commencement date nears, which will focus on sharing what has changed, what it means and who will be impacted.

DCP’s website will be regularly updated on the progress of implementation activities. Sometimes we will reach out to advise of the changes, and sometimes we will ask stakeholders to reach in and work with us to help develop and design the best way forward.

It is critical we understand the best ways to effect change, and we have committed to working with key stakeholders throughout the implementation period.  Your feedback can help shape the way we work for children, young people and families.

To do this effectively, we will adopt an inclusive approach with stakeholders  comprising awareness, engagement, planning and collaboration, early implementation, and review.  We have already established several forums where we work with children, young people and our partners, however some of the changes will need specific groups to be brought together.  It is important people with experience and expertise are involved in the process, and will we be providing  opportunities where people can participate and share their views.

DCP is committed to ensuring policy changes that impact the lives of Aboriginal peoples are developed in partnership with Aboriginal peoples and we will observe co-design principles which support participatory decision-making, as outlined in the South Australian Government’s commitment to the National Agreement on Closing the Gap.

We recognise the importance of supporting our staff to do their work, our partners across the family support sector, and the children and families who receive child protection services.

Training and education resources on what has changed and what it means for South Australia; including children, young people, families, staff, stakeholders will be developed over time to ensure a smooth transition to working in accordance with the new Act.

As well as listening to feedback throughout the implementation phase, we will check in regularly with staff, stakeholders, sectoral partners and communities to gauge the effectiveness of newly adopted changes. DCP’s commitment to sustainable engagement will ensure the changes are having an optimal impact on children, families and communities.

In addition, the Minister and Chief Executive will report annually on the operation of key aspects of the legislation and the new Act contains a requirement to review the operation of legislation as soon as is practicable after the fifth anniversary of commencement.

Written feedback or questions can be emailed to DCPLegislationImplementation@sa.gov.au to the team coordinating the implementation activity.