This service provision requirement is relevant to service providers undertaking out-of-home care services.

To keep children and young people in out-of-home care safe from harm, DCP and service providers are required to comply with legislation, standards, and policies in the provision of out-of-home care services.

Legislation

Without in any way limiting the service provider’s responsibility to comply with all laws, the service provider must ensure that services are provided in accordance with clauses relevant to them in the following legislation:

• Children and Young People (Safety) Act 2017
• Children and Young People (Safety) Regulations 2017
• Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
• Children and Young People (Safety) (Transitional Provisions) Regulations 2017
• Children and Young People (Oversight and Advocacy Bodies) Act 2016
• Children and Young People (Oversight and Advocacy Bodies) Regulations 2016
• Child Safety (Prohibited Persons) Act 2016
• Child Safety (Prohibited Persons) Regulations 2019
• Family and Community Services Act 1972
• Family and Community Services Regulations 2009
• Adoption Act 1988
• Adoption (General) Regulations 2018
• Freedom of Information Act 1991
• Freedom of Information (General) Regulations 2017
• Public Interest Disclosure Act SA 2018
• State Records Act 1997
• State Records Regulations 2013
• Independent Commission Against Corruption Act 2012
• Independent Commission Against Corruption Regulations 2013
• Ombudsman Act 1972
• Coroners Act 2003

Standards

• National standards for out of home care 2008 – 2020
• Charter of Rights for Children in Care (OGCYP SA)

Policies

The service provider must ensure that services are provided in accordance with and are consistent with all policies relating to the provision of services that the Chief Executive DCP advises the service provider. These policies may change from time to time.

Service providers are responsible for ensuring all mandatory reporting requirements are met.